HomeMy WebLinkAboutcc min 1984/11/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF CHULA VISTA, CALIFORNIA
Tuesd~, 7:00 p.m. November 20, 1984
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Malcolm,
McCandliss, Scott, Moore
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of allegiance was led by Mayor Cox followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES (None)
2. SPECIAL ORDERS OF THE DAY (None)
3. WRITTEN COMMUNICATIONS
REQUEST TO LEASE UNDEVELOPED PARK LAND AS PERMANENT HOME OF DANCE COMPANY
(Sanahan Philippine Dance Company)
The Samahan Philippine Dance Company is interested in leasing an undeveloped
park land from the City as a permanent home for their Dance Company.
MSUC (Moore/Scott) to refer this request to staff for evaluation and report.
MSUC (Moore/Scott) to direct the City Manager to prepare or refine a City
policy regarding non-profit entities constructing facilities on public land.
4. ORAL COMMUNICATIONS
a. Mr. Jack Strasser, 584 Rivera Street, Chula Vista complained of the dirt
bike riding in the hills adjacent to his home stating the riders are
there illegally creating a constant source of noise and other problems.
He asked that the existing barriers on Rivera be improved and that more
signs be posted so the riders will know they are unauthorized to ride in
that area.
MSC (Cox/Scott) to refer the concern and proposals from Mr. Strasser to the
staff for a report as soon as possible. City Manager Goss noted the staff is
working on a previous referral regarding the barriers at this particular
location.
City Council meeting - 2 ~ November 20, 1984
Mayor Cox asked to include in the motion to have a status report on the
motorcycle off-road vehicle patrol the City used to have and are no longer
providing and whether it is contemplated that it will be brought back - and
that cost. Councilman Scott agreed to the second and the motion carried
unanimously.
CONSENT CALENDAR (Items 5-9)
Councilman Moore asked to have item No. 6 pulled. Councilwoman McCandliss
asked to have No. 9 pulled.
MSUC (Cox/Scott) to approve the Consent Calendar.
5. RESOLUTION 11836 ACCEPTING PUBLIC IMPROVEMENTS, OVERLAY OF WHITNEY
STREET FROM HILLTOP DRIVE TO CLAIRE AVENUE (Director
of Public Works/City Engineer
Daley Corporation completed the overlay of Whitney Street on October 19,
1984. A final inspection was made on November 2, 1984. All work was found to
be completed in accordance with the contract, plan and specifications and to
the satisfaction of the City Engineer. The final construction cost exceeds
the contract amount of $38,888 by $3,482.10 or 9 percent.
7a. RESOLUTION 11837 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE
DISPATCHING SERVICES (Director of Public Safety)
b. RESOLUTION 11838 APPROVING AMENDMENT TO AGRE~ENT BETWEEN THE CITY OF
CHULA VISTA AND THE CITY OF IMPERIAL BEACH FOR FIRE
DISPATCHING SERVICES
c. RESOLUTION 11839 APPROVING AMENDMENT TO AGREI~tENT BETWEEN THE CITY OF
CHULA VISTA AND THE MONTGOMERY FIRE PROTECTION
DISTRICT FOR FIRE DISPATCHING SERVICES
During this fiscal year, the annual cost to operate the fire dispatch portion
of the Communications Center is $113,737. The actual cost for each agency
receiving fire dispatch services is based on the percentage of total calls
dispatched for that agency applied to the annual cost:
National City ~29,913
Montgomery 13,990
Imperial Beach 17,743
Bonita 5,346
8. RESOLUTION 11840 APPROVING AGRE~ENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA FOR USE OF COUNTY
TRANSIENT OCCUPANCY TAX REVENUE IN THE AMOUNT OF
~5,000 (Assistant City Manager)
City Council meeting - 3 - November 20, 1984
San Diego County has allocated $5,000 from County Transient Occupancy Tax
revenues to the City of Chula Vista for the purpose of City acting as a
contractor for the County in providing certain services. Activities and
services that the City could provide would assist in promoting tourist
activities in the County.
End of Consent Calendar
6. RESOLUTION 11841 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE
STATE OF CALIFORNIA TO PURCHASE SEVEN POLICE SPECIAL
VEHICLES ( Di rector of Public Safety/Purchasi ng Agent}
The current budget provided for the purchase of eight police patrol vehicles.
Council Resolution No. 6132 authorized the City to participate in a
cooperative bid with the State of California for the purchase. The procedure
requires adoption of a Resolution designating the State as its agent in making
the purchase. A service charge of 1.2% of the total before taxes is required
for each transaction. The total purchase price for the seven vehicles is
$73,484.44 or $10,497.78 per vehicle.
In answer to Councilman Moore's question City Manager Goss stated the funds
were budgeted in the last fiscal period.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
9. ORDINANCE 2093 AMENDING SECTIONS 2.04.580 AND 2.04.590 RELATING TO
COMPENSATION FOR MEMBERS OF THE CITY COUNCIL AND THE
MAYOR - FIRST READING (City Attorney}
State 1 aw has been amended this year to increase the base pay for
Councilmembers in cities with a population of between 75,000 and 150,000 to
~600 per month. The proposed ordinance amends Section 2.04.580 to make it
consistent with the change in State law.
In addition, pursuant to the City Charter, the ordinance provides for the
annual five percent pay increase for the Mayor.
Councilwoman McCandliss asked the Attorney to explain this salary increase for
the City Council noting that the electors just denied an increase on the
November 6, 1984 election. Assistant City Attorney Gill stated the salary
increase refers to Section 302 of the Charter which states Councilmembers will
receive an amount under state law in accordance with a schedule established by
State provisions. The State law has just been changed to set Councilmembers'
salaries in cities with a population of between 75,000 and 150,000 at $600 per
month.
MSUC (Cox/McCandliss) to place the ordinance on first reading and adoption.
The reading of the text was waived by unanimous consent, passed and approved
unanimously.
City Council meeting - 5 - November 20, 1984
The proposal area i s part of the County's Sweetwater Regional Park Plan. It
i s presently occupied by the Bonita Optimi st Center, a non-profit youth
organization which is sponsored by the Bonita Optimist Foundation. The site
al so includes several accessory structures/maintenance shed.
As a result of the recent settlement of a lawsuit involving the County of
San Diego and the City of Chula Vista Redevelopment Agency (re: Otay Valley
Road Redevelopmerit Project), the City acquired ownership of the parcel and is
now required to maintain the subject property.
The City of Chula Vista and County of San Di ego are presently negotiating a
new Master Property Tax Exchange Agreement which is expected to be reached by
the end of the current month. The County Assessor's Office reported that the
subject property is most likely tax exempt because of its ownership status.
However, a more precise determination regarding property tax revenue will be
made by the County Auditor during LAFCO's processing of the application.
Short term financial impact of the proposed City-i nitiated reorganization
involves the payment of all LAFCO and State Board of Equalization processing
fees in the amount of $1,020.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
12a. RESOLUTION 11844 APPROVING THE TENTATIVE MAP FOR CHULA VISTA WOODS,
CHULA VISTA TRACT 84-13 {Director of Planning)
On November 13, 1984, the City Council approved the tentative map for Chula
Vista Woods, Chula Vista Tract 84-13 to subdivide 20 acres into 113 lots {llO
single family residential 1 ots and 3 common area lots). A resolution was not
forwarded for Council adoption because staff has submitted two options for
action. The second option was selected which reflected appproval of a llO-lot
subdivision with a concrete private street system, stub street extension, and
maintenance of a private sewer pump system.
b. RESOLUTION 11845 APPROVING THE PRECISE PLAN FOR CHULA VISTA WOODS
On Novemver 13, 1984, the City Council approved the precise plan for the Chula
Vista Woods development subject to several conditions. A resolution was not
forwarded to Council for adoption since staff has recommended that the item be
referred back to the Planning Commission.
Councilman Scott questioned the "affordability" of the proposed housing units
noting the concessions given the developer by the City Council. Director of
Planning Krempl discussed the changes in the revised resolution which was a
reflection of the Planning Commission conditions and the language for the stub
street as amended by the City Council. Councilwoman McCandliss noted the
development agreement was to include having the non-bond finance units (those
that would be going through conventional funding) be limited to one per unit
per one individual and that they be owner-occupied.
City Council meeting - 6 - November 20, 1984
RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the texts were
waived by unanimous consent.
Councilman Scott commented on his objections to the proposed development
asking for a "no" vote from the Council.
The resolutions passed by the following vote:
AYES: Malcolm, Cox, Moore
NOES: McCandli ss, Scott
ABSENT: None
MS (McCandliss/Malcolm) for staff to bring back a development agreement to
include one unit per individual for the non-bond financing units with the
intent that they be owner occupied.
Councilman Malcolm noted the developer had agreed to this provision but asked
but that the same type of wording be included in the agreement as i n U.S.
Department of Urban and Housing Development (HUD) and Veteran's Administration
(VA) loans - that it is the intent of the purchaser to occupy the property.
Councilwoman McCandliss agreed to include this in her motion.
Assistant City Attorney Gill asked that the motion be referred to staff for
review. He had some concerns at this point that after the adoption of the
resolutions, the Council will be adding other conditions and there may be some
legal ramifications since the developer is not present to testify.
NEW MOTION
MSUC (Malcolm/Cox) to direct staff to work with the applicant to come back and
have in writing their commitments regarding the owner-occupancy and for one
unit per individual. This report is due back in two weeks.
The motion carried with Councilwoman McCandliss stating she i s i n support of
the motion (although the resolutions have been passed) since she has faith in
the system that this will be done. The motion carried with Councilman Scott
voting "no".
13. RESOLUTION 11846 ESTABLISHING DATES FOR PROPERTY OWNERS TO BE
READY TO RECEIVE UNDERGROUND SERVICE AND R~OVAL
OF POLES AND OVERHEAD FACILITIES WITHIN
UNDERGROUND UTILITY DISTRICT NO. lll ON THIRD
AVENUE FROM "K" STREET TO "L" STREET (Director of
Public Works/City Engineer)
City Council meeting - 7- November 20, 1984
The City Council on February 12, 1980, by Resolution No. 9957-A established an
underground utility district on Third Avenue from "K" Street to "L" Street.
In accordance with Section 15.32.150 of the Chula Vista Municipal Code,
Resolution 9957-A states that City Council shall by subsequent resolution fix
the date on which affected property owners must be ready to receive
underground service and the date poles, overhead wires, and associated
structures shall be removed.
Staff recommended that Council:
1. Set March 27, 1985, as the date property owners i n the Underground Utility
District No. lll on Third Avenue from "K" Street to "L" Street shall be
ready to receive underground service from the San Diego Gas and Electric
Co.
2. Set November 15, 1985, as the date property owners in the Underground
Utility District No. lll on Third Avenue from "K" Street to "L" Street
shall be ready to receive underground service from Pacific Bell Company.
3. Set February 28, 1986, as the date for poles, overhead wires, and
associated structures shall be removed within Underground District No. lll
on Third Avenue from "K" Street to "L" Street.
The cost of converting the electrical service connections will be borne by the
property owners. This cost averages between $300 and $1,000 per service
depending on service load and other criteria. Approximately ten services will
need to be converted.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
14. REPORT OF THE CITY MANAGER
a. City Manager Goss reminded the Council of the meeting to be held Saturday,
December l, beginning at 8:30 a.m. in the Council Conference Room - the
discussion will be on goals and objectives. He asked if any Councilmember
has any specific goals to discuss at this meeting to relate them to him.
REPORTS OF OFFICERS AND DEPAR1MENT HEADS
15. REPORT CONCERNING THE ENFORCEMENT, MARKING AND LOCATION OF HANDICAPPED
PARKING ZONES (Director of Public Safety)
During the Council meeting of October 15, 1984, staff was directed to prepared
a report concerning the enforcement, marking and 1 ocation of handicapped
parking zones.
The Director of Public Safety recommended Council enact an Ordinance that
would allow for the enforcement of the proper marking and maintenance of
handicapped parking zones and that the police department continue to have sole
responsibility for the enforcement of handicapped parking zones.
City Council meeting - 8 - November 20, 1984
MS (Scott/Moore) to accept the report.
Councilwoman McCandliss stated she spoke to Traffic Supervisor Ponce,
Escondido who initiated this program in that City. He stated fifteen people
volunteered and six were accepted. They were very reliable people and one of
the first duties was for them to go out and survey all parking lots in that
City to see if they were properly striped. Councilwoman McCandliss proposed
the City of Chula Vista should enact such a program.
On January 1, 1985 the state law will become effective which specifically
designates handicapped zones and enforcement procedures.
SUBSTITUTE MOTION
MSUC (McCandliss/Moore) for the Police Department through the City's Personnel
Department Volunteer Program to initiate a civilian volunteer force to issue
citations for handicapped parking violations.
Discussion of the motion ensued regarding a Charter City's right of
enforcement of handicapped spaces. Mayor Cox noted the curb cuts throughout
the City that were put in for handicapped people and he questioned whether
Block Grant funds could be used to purchase poles and standardized signs for
these handicapped spaces. Director of Public Safety Winters, in response to
Council's questions, stated there are now 222 handicapped spaces in the City,
90 of which are not properly marked. Councilman Moore stated the first step
would be to educate the businesses before embarking upon such a program. He
asked that the motion include a limitation of one year with perhaps a review
within six months. Councilwoman McCandliss included this in her motion.
Councilman Moore agreed to the second and the motion carried unanimously.
(At this time Councilman Malcolm left the meeting).
MSUC (Cox/Moore) to ask the staff to come back with a report regarding the
utilization of Block Grant funds to assist in the proper signing of
handicapped spaces in Chula Vista.
16. REPORT RECOMMENDING DENIAL OF REQUEST FOR ENCROACHMENT PERMIT PE 044 AT
506 CAMINO ELEVADO (City Engineer)
Approximately one year ago it was brought to the City's attention that the
owner of the property at 506 Camino Elevado, Mr. George Ronis, had built a
wooden deck at the rear of his house. The deck extends into the City's open
space (over a slope) a total of 14 feet.
After repeated contacts with Mr. Ronis, he paid his application fee for an
encroachment permit on September 9, 1984; however, a letter of application was
never received by the Engineering Department. The records in the Building
Department show that no building permit was obtained to build the deck. Based
on the findings contained in this report, the Director of Parks and Recreation
and the City Engineer recommended denial of the encroachment request.
City Council meeting 9 November 20, 1984
On June 27, 1984, the City Attorney's office filed a three count criminal
complaint relating to the same deck. Mr. Ronis subsequently pleaded not
guilty and requested a trial. Said trial is currently set for November 30,
1984.
James H. Johnson, 434 Stoneridge Court, Bonita, President of the Bonita Ridge
Estates Homeowner's Association stated much correspondence has been written to
and from the City and Mr. Ronis concerning this deck construction. He asked
the Council to deny the encroachment since it may start a precedent among
other homeowners bordering the ridge of this subdivision to do likewise.
MSUC (Cox/Scott) to continue this item for one week to allow Councilman
Malcolm to be present.
17. MAYOR'S REPORT
a. MSCU (Cox/McCandliss) for a Closed Session regarding pending litigation at
the close of the meeting.
18. COUNCIL COMMENTS
a. Councilwoman McCandliss drew the Council's attention to the widening of
I-5 from Chula Vista to San Diego and the great improvement in the traffic
flow. Councilman Scott thanked the Mayor since he was instrumental in
getting this lane put in.
b. Councilman Scott discussed the meeting held last night on the proposed
Navy Housing indicating his concern with some of the answers given by the
Navy: (1) if a the higher priority came up for another site, the Navy
would still be considering this particular site; (2) the Navy perceives
the Council as being proponents of the project; (3) the Council's choice
is very limited; (4) the development is proposed as low income homes and
Chula Vista has met their social obligation in this respect.
Councilman Scott declared the City would not be deriving any property
taxes or revenues from this particular complex and urged Council to take a
stand in opposition.
MS (Scott/McCandliss) to send a 1 etter to the appropriate people in the Navy
that at this time, the Council feels it is not in the best interest of Chula
Vista to have this project in the City.
Discussion of motion: Councilwoman McCandliss asked that the motion and
discussion be held until the next meeting when Councilman Malcolm can be
present thereby constituting a full Council.
SUBSTITUTE MOTION
MSUC (Scott/McCandliss) to have this as an agenda item for the next meeting.
City Council meeting ~ lO - November 20, 1984
Councilman Moore discussed the Navy's proposal for this particular site
stating the City should respond positively to the Navy. The chief concern of
the people in that area is their property devaluations. If the Council does
not want the Navy housing at that particular location, they should perhaps
offer another location in the City.
In response to staff's questions, the Mayor stated he will accept testimony at
the next meeting although it will not be an advertised public hearing. City
Manager Goss said he would notify the Navy personnel of the meeting.
ADJOUR~tENT AT 8:30 p.m. to the regular City Council meeting scheduled for
November 27, 1984 at 7 p.m. and to the Council Conference on Saturday,
December l, 1984 at 8:30 a.m.
~E M. FULASZ, CMC
D/City Clerk
WPG: 0504C
PAG