HomeMy WebLinkAboutcc min 1985/02/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF CHULA VISTA, CALIFORNIA
Tuesday, 7:00 p.m. February 5, 1985
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, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment
of silent prayer.
1. APPROVAL OF MINUTES for the meetings of January 24 and 29, 1985
MSUC (McCandliss/Moore) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
RESOLUTION 11920 COMMENDING FRANK LUXEM FOR HIS SERVICES ON THE
LIBRARY BOARD OF TRUSTEES
The resolution commending Mr. Luxem for his services on the Library Board of
Trustees was read by Mayor Cox. The Council wished Mr. Luxem good luck on his
new career.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
Michael Hardy, 1271 Broadway, Apt. 52, Chula Vista, CA 92011
A claim was filed against the City for $15,000 alleging general damages,
medical and property damage as a result of a vehicle collision that occurred
in the intersection of Crested Butte and Woodlawn Avenue. Since the area in
which the accident occurred is not in the City of Chula Vista but rather is
located in an unincorporated area of the County of San Diego, Carl Warren and
Company and the risk management staff recommended the City reject this claim.
City Council Meeting - 2 - February 5, 1985
Veronica Jones, 8910tay Lakes Road, Chula Vista, CA 92~ 0
A claim was filed against the City and the Chula Vista Redevelopment Agency
for $25,000 for medical bills, pain and suffering and possible disability as a
result of a trip and fall on the stairway of the public parking facility at
Third and Center Street. Since the maintenance and operation of the parking
area is the responsibility of Centre City Associates, Ltd- Commercial, it was
recommended by Carl Warren and Company and the risk management staff that this
claim be rejected.
MSUC (Malcolm/McCandliss) to reject the claims.
b. REQUEST FOR SUPPORT OF A FIVE YEAR TRANSITION TO THE 80/20 DISTRIBUTION
OF ARTICLE 4.5 FUNDS (No. S.D. County Transit Development Board)
Agreement has been reached among the claimants for a fund allocation fonnula
based 8(3% on the elderly and handicapped population and 20% of the geographic
size of each service area; however, no agreement was reached by the claimants
as to when the transition to the '80/20' formula should be realized. The San
Diego County Transit Development Board supports a five (5} year transition
period to the 80/20 formula with that formula allocation funding being
realized in Fiscal Year 1990 and requests support of this five-year transition
period when it is presented to the SANDAG Board of Directors on February 22,
1985.
MSUC (Moore/Scott) for the Council to take a position in opposition of the
funding distribution as suggested by the North San Diego County Transit
Development Board.
PUBLIC HEARINGS AND RELATED ORDINANCES
4. PUBLIC HEARING PCA~85-1; AMENDMENT TO CHAPTER 19.66 OF THE CHULA
VISTA MUNICIPAL CODE, PERFORMANCE STANDARDS, AS THEY
RELATE TO NOISE MEASUREMENT AND REGULATIONS (Director
of Planning)
a. ORDINANCE 21 O1 AMENDING CHAPTER 19.66.01 O, REPEALING SECTION
19.66.070 AND ADDING CHAPTER 19.68 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO PERFORMANCE STANDARDS AND
NOISE CONTROL FIRST READING (Continued from the
meeting of January 22, 1985)
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Planning Krempl explained that the Council directed staff to
prepare new noise regulations for the City as well as purchase new noise
monitoring equipment in response to specific noise complaints in the Otay
Valley Road Area and complaints that Chula Vista's standards and equipment
were outmoded.
City Council Meeting - 3 - February 5, 1985
In October 1984, the Building and Housing Department purchased more
sophisticated noise monitoring equipment to supplement the current handheld
sound level meters. That equipment included a noise profiling dosimeter with
analyzer, printer and storage interface and a two-channel audio frequency
recorder.
Council continued this item from Janua~ 22, 1985, and requested staff
consider the following:
1. Clarify certain ambiguous sections of the draft text.
2. Respond to some of the issues raised at the January 22, 1985 public
hearing.
3. Check with County Noise Control Officer to make sure the
administrative and enforcement provisions are adequate.
Director Krempl referred to his written report in answer to Council's
directives noting the ordinance proposal includes eight main section headings
as follows: general provisions, definitions, exterior noise limits, interior
noise limits, prohibited acts, special provisions (exemptions), exceptions,
and enforcement.
On December 16, 1984, the P1 arming Commission unanimously recommended approval
in accordance with their Resolution PCA-85-1.
Director of Building and Housing Grady stated he met with Ray Sacco, San Diego
County Assistant Noise Control Officer. Mr. Sacco expressed his desire that
the City of Chula Vista bring its ordinance into confonnance with that of the
County so there will be uniformity throughout the County. Mr. Sacco stated he
has had over 100 court cases, most of them due to barking dogs. In answer to
Councilwoman McCandliss' query, Mr. Grady stated there may be parts of the
Chula Vista ordinance that are more restrictive than that of the County.
Mr. A.W. Hall, 1675 Pt. Reyes Court, Chula Vista stated he is a member of
(CAN) Citizens Against Noise. This is a national organization which was
started in 1970. Mr. Hall stated there are three items of concern for the
ordinance to be effective: (1) effective dedicated, educated and sensitive
personnel; (2) effective equipment; (3) a good ordinance. The new equipment
purchased by the City has a limitation reading ranging from 40 to 103 dB.
Mr. Hall discussed the following: Table I under 20 decibels would be the
rustle of leaves - 70 decibels would be a pounding surf. Wording should be
added to the 7OdD: "noise harms hearing".
Table 3: The standards are not as far reaching as the CSA study which the
Otay Valley Project Area Committee reviewed - this is limited by the City's
equipment. The standards in the CSA are 5 to 10 dB lower noting it is twice
the sound for a lOdB reading.
City Council Meeting - 4 - February 5, 1985
Mr. Hall noted the dB reading at his home (1675 Pt. Reyes Court) between the
hours of lO p.m. and 7:00 a.m. is 45 dB- which is allowable under the
ordinance.
He distributed copies of an November 7, 1984 reading of the Hyspan business on
Pelican Court pointing out some of the readings which would be in violation of
the ordinance. Mr. Hall referred to his calculations which he broke down in
seconds (rather than minutes or hours) giving as an example a hammering noise
increasing it by one dB level. He questioned how this would be handled under
the new ordinance since it does have a category entitled "Nuisance at any
time".
Director of P1 anning Krempl supported the City's ordinance stating the
standards were based on one hour period readings rather than on seconds.
Mr. Dave Foreman, 1653 Pt. Cabrillo Court, questioned how the ordinance can
work when it continually ignores ambivient noises. He remarked that as
traffic increases in his area - taking into account the second border crossing
along with the industrial noise, the ambivient levels will increase greatly.
Mr. Krempl stated the ordinance is responsive to new developments and it is
mitigated by the EIR's to bring the noise levels down. As to the ambivient
noise level s this is a City-wide problem.
Councilwoman McCandliss questioned the base line allowable in the noise
ordinance.
Director of Planning Krempl stated there is a standard noise level built into
the ordinance, such as for building. If it is exceeded, then there would have
to be a change in the structure of the buildings.
Councilman Malcolm commented that if there is a problem in any one area, the
staff should be aware of it and not wait until the last development comes in
and burden that property owner with paying for the corrections. Director of
Planning Krempl stated there could be a monitoring system on the ambivient
noises, especially in the new redevelopment areas along Otay Valley Road.
Mr. Guy Lichty, 1652 Pt. Sal Court, Chula Vista, referred to the approval of
the Chula Vista Sanitary Service maintenance facility on Brandywine Avenue.
Noise levels were done in that area since there are adjacent non-conforming
land uses; therefore there is land friction involved. If five trucks were to
start up at 5:30 a.m., it would greatly exceed the maximum allowable noise in
industrial land use. Mr. Lichty asked the Council to be aware of the land use
friction in monitoring noise 1 evels. He then referred to the County's
ordinance regarding the mechanisms to assess noise level and asked why Chula
Vista did not have such a mechanism in their ordinance.
Councilman Malcolm remarked that the Chula Vista Sanitary Service trash item
went to the Planning Commission but did not come to the City Council for
approval.
City Council Meeting - 5 - February 5, 1985
Council discussion followed regarding the County's ordinance; the enforcement
of the ordinance; corrective actions taken by the County; suggestion that the
Redevelopment Agency consider this ordinance for the redevelopment areas; have
a staff referral on land use friction; and the base-line requirement in the
ordinance.
Bess Pocklington, 656 Glover Place, Chula Vista referred to the complaints
regarding the SDG&E plant back in 1971-72 regarding the noise levels on their
generators at the Bay Boulevard plant. It has taken a decade for San Diego
Gas and Electric to correct the problem (silencers on the stacks) inasmuch as
staff did not follow through on this. She asked that the language in the
ordinance be "tight" and staff required to follow through on all violations.
There being no further comments either for or against, the hearing was
declared closed.
MSUC (Cox/Moore) to place the ordinance on first reading, the reading of the
text was waived by unanimous consent passed and approved unanimously.
MSUC (McCandliss/Malcolm) when staff brings back any amendments and
refinements to the ordinance, particular attention should be given to
conflicting uses, such as residential uses next to industrial, in order to
assure proper mechanisms or procedures are in the ordinance to address that.
MSUC (Malcolm/Scott) to refer this item to the Redevelopment Agency.
Councilman Moore stated his concern with a County-wide ordinance since the
City ordinance takes into consideration "pockets" of residential and
industrial areas (adjacent to residential) which is not in the County's
ordinance.
MSUC (Scott/Moore) for staff to look at the County-wide ordinance and bring
that back; also to look very closely to what Councilwoman McCandliss wants -
further, to look at and see if the County wants to incorporate that {as
suggested by Councilman Moore).
5. ORAL COMMUNICATIONS
a. Ruth Chapman, 8 Sierra Way, Chula Vista discussed the inadequate
pl~ground area and equipment at the Hazel Goes Cook School and asked for
financial support in upgrading this equipment.
Mrs. Sandra Tumaugan, 65 East Naples and Pat Miller 952 Hilltop, members
of the Hazel Goes Cook PTA stated a study has been done some time ago of
the area and funds were denied because of its "socio-economic status".
Councilman Malcolm noted Council agreed to consider these items at budget
time. Every year the seniors come to the budget hearings and they are
given favorable consideration for discounts on transportation, housing,
etc. with little attention given to funding for boys' and girls'
activities. Councilman Malcolm added the City is doing very little for
its youth and he will be supporting more funding in that regard.
City Council Meeting - 6 - February 5, 1985
MSC (Cox/McCandliss) to refer to staff for evaluation as to whether or not
they would be eligible for Community Development Block Grant Funds and also to
bring this back at budget time for consideration.
Councilman Moore asked that the motion also include the potential of the
50/50 school/City funding. Councilman Malcolm asked that the people be
notified when this will be considered at the City Council.
Mayor Cox included both in his motion; Councilwoman McCandliss agreed to the
second and the motion carried unanimously.
b. David Foreman, 1652 Pt. Cabrillo Court, Chula Vista stated the Otay
Valley and Brandywine Roads are turning into annexes of the County dump.
There is trash all along the roadside and he wondered if the City could
get Caltrans or whoever to clean up this road.
MSUC (Cox/McCandliss) to refer to staff to contact the operators of the County
landfill to see if there is a possibility of developing some type of program
between the County or in conjunction with the City or Redevelopmerit Agency to
address the problem referred to by Mr. Foreman.
CONSENT CALENDAR (6-7-8)
MSUC (Malcolm/Moore} to approve the Consent Calendar.
Mayor Cox stated he has a potential conflict of interest on Item No. 6 and
will abstain on that one.
6. RESOLUTION 11921 APPROPRIATING $3,772.77 FROM THE UNAPPROPRIATED GAS
TAX BALANCE FOR REIMBURSEMENT TO FINANCIAL SCENE,
INC. (Director of Public Works/City Engineer)
In 1984, the City of Chula Vista agreed to advance funds for the early
completion of East "H" Street through the Terra Nova Subdivision and to be
reimbursed by Financial Scene, Inc. (The Village Company} at a future date
with the advanced funds earning 7% simple interest.
On June 8, 1983, Financial Scene, Inc. {The Village Company) made a
reimbursement payment in the amount of $211,772.47 to the City of Chula
Vista. Recently it has been brought to staff's attention that Financial
Scene, Inc. paid $3,722.77 in excess of the amount actually due to the City.
7. RESOLUTION 11922 APPROVING A NEGOTIATED PROPERTY TAX EXCHANGE RELATING
TO THE BONITA LONG CANYON ESTATES ANNEXATION
(Assistant City Manager)
During the latter part of 1982, the City annexed Bonita Long Canyon Estates.
The subject property was not detached from the San Diego County Flood Control
District because concerns were expressed by downstream property owners and the
County of San Diego that development of the property would impact other lands
City Council Meeting - 7 - February 5, 1985
downstream. The developer of the subject property, McMillin, has filed an
application with LAFCO to detach the property at this time from the County
F1 ood Control Di strict. The County Board of Supervisors has approved a
negotiated property tax distribution allocation formula that differs from the
Master Property Tax Agreement in effect in 1982, as well as the new agreement
approved in November 1984. The proposed negotiated agreement stipulates that
the Flood Control District would not retain any portion of the current $756
per year they are currently receiving, but this amount would be distributed
and split between the City and the County on the historical City 41% and
County 59% ratio.
8. RESOLUTION 11923 GRANTING EASEMENT TO SWEETWATER AUTHORITY FOR
FUDDRUCKER'S RESTAURANT WATER SERVICE (Community
Development Director)
In order to complete construction of water service to Fuddrucker's Restaurant
located in the Town Centre Focus Area, the City is asked to grant to
Sweetwater Authority an easement through Lot 7, the Parking Structure property
to extend a water service from the water main to the property line of
Fuddrucker's. An existing general utility and roadway easement is adequate
until this specific easement to Sweetwater Authority is executed. On this
basis, the permanent water hook-up is set to be installed on Friday, February
l, 1985.
End of Consent Calendar
RESOLUTIONS AND ORDINANCES, FIRST READING
9. RESOLUTION 11924 AUTHORIZING THE ESTABLISHMENT OF A VEHICLE EQUIPMENT
REPLACEMENT FUND AND ADMINISTRATIVE APPROVAL OF
EMERGENCY REPLACEMENTS OF VEHICLES UNDER SPECIFIED
CONDITIONS (Director of Management Services}
Director of Management Services Thomson submitted a written report explaining
that at its May 31, 1984 budget review session, the City Council considered a
report on the City's vehicle replacement needs. The Council: (1) approved in
concept the establishment of a partially funded vehicle replacement fund
2
commencing in FY 1985-86; and { ) directed staff to provide a report to
Council prior to the FY 1985-86 budget review on the policies and procedures
that will be used in establishing the vehicle replacement fund. These
administrative policies have been developed and submitted to Council.
Staff recommended Council approve the replacement of 26 vehicles in FY
1984-85, or 11% of the fleet, at a budgeted cost of $368,320. Furthermore,
Council approved in concept the establishment of a partially-funded vehicle
replacement fund commencing in FY 1985-B6.
The key policies and procedures for implementation of the vehicle equipment
replacement fund in FY 1985-86 are detailed in the report.
The recommendation was for approval.
City Council Meeting - 8 - February 5, 1985
Councilwoman McCandliss said she is concerned with the emergency replacement
section of the Policy indicating that anytime equipment is needed for
personnel to do their jobs, the City Council should authorize the purchase.
Director of Management Services Thomson said that part of the Policy was not
critical to the program - it could be eliminated.
Councilman Moore agreed with Councilwoman McCandliss stating there are
sections throughout the Policy stating: "...such requests may be approved
administratively by the City Manager..." These should be changed to "...
approved by City Council."
MSUC (Moore/Scott) to change the wordings in the following:
To revise the language in the ordinance (wherever it appears) to state
"suc'ti requests should be submitted to the City Council for approval
rather than approved administratively by the City Manager" (p.5 #17; p.6
#5, etc.)
Page 5, Item 20 - the sentence should be amended to add the language:
"income from sales and any potential dele~ or additions plus the
rationale of vehicle replacements via the schedule."
RESOLUTION OFFERED BY COUNCILMAN SCOTT, (with policy revised) the reading of
the text was waived by unanimous consent, passed and approved unanimously.
lO. REPORT PROPOSED TAX EXEMPT SINGLE-FAMILY MORTGAGE REVENUE
BOND ISSUE FOR 1985 (Community Development Director)
a. RESOLUTION 11925 APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF
AGREEMENT FOR BOND FEASIBILITY STUDY WITH SERVICES OF
EMPIRE ECONOMICS
b. RESOLUTION 11926 APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF
AGREEMENT FOR FINANCIAL SERVICES WITH MILLER AND
SCHROEDER MUNICIPALS, INC.
c. RESOLUTION 11927 APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF
AGREEMENT FOR BOND COUNSEL SERVICES WITH JONES, HALL,
HILL AND WHITE, A PROFESSIONAL CORPORATION
In his written report, Director of Community Development Desrochers stated the
City is about to receive a $10 million allocation from the State Mortgage Bond
Allocation Committee to issue tax-exempt singl e-family mortgage revenue bonds
based on an application approved by the City Council on December 20, lg83. In
anticipation of the allocation, active developers in Chula Vista have been
solicited for participation in the issue. $12.5 million in allocation
requests with participation fee deposits have been received from three
developers. The next step in the process is to contract with the members of
the bond team.
City Council Meeting - 9 - February 5, 1985
All costs associated with the bond issue would be paid for from bond proceeds
or developer fees with the exception of City staff time, which would be
reimbursed from the Low and Moderate-Income Housing Fund.
The Community Development Director recommended the Council approve the three
resolutions.
In answer to Councilman Malcolm's question, Mr. Desrochers stated staff did
not go out seeking bids from other Bond Counsels. He is not aware of any firm
in the San Diego area which has the ability to issue an opinion as that of
Jones, Hall, Hill and White.
Councilwoman McCandliss referred to page 2 of the staff report regarding the
Housing Policies noting the staff did not add the requirement of encouraging a
disbursement of units as one of the goals and asked staff to keep this in mind
when they are evaluating the report.
Councilman Malcolm stated he has "mixed emotions" about approving the report.
He heard today that Amex did not want to come into the City of Chula Vista
because there weren't enough qualified people living in the area. Councilman
Malcolm asked the staff to consider the other end of the spectrum also.
RESOLUTIONS (lOa, b, and c), OFFERED BY COUNCILMAN MOORE, the reading of the
texts were waived by unanimous consent, passed and approved unanimously.
City Manager Goss reported staff will be going out soliciting new bids for
Bond Counsel next year.
Councilman Scott stated that unless staff evaluates and addresses the high end
of the market rather than just the low, he will not be supporting this issue
for the next year.
ll. RESOLUTION 11928 ACCEPTING COVENANT OF IMPROVEMENT REQUIREMENTS FOR
MARINA GATEWAY BUSINESS PARK WATER LINE {Community
Development Director)
The Director of Community Development submitted a written report stating that
in order to complete the Amex project and future construction of the Marina
Gateway Business Park (Bay Boulevard between "J" and "L" Streets), a water
line must be constructed from "J" Street to the building sites. The water
line will have to cross or go underneath a large concrete drainage channel
located just south of "J" Street. The developer wishes to follow the Bay
Boulevard street improvements and construct a pipe over the channel.
Sweetwater Authority is willing to accept the developer's plan, if the Water
Authority is not responsible for any adjustments to the above-ground pipe in
the event that Bay Boulevard is ever widened. Therefore, approval of the
improvement has been conditioned upon the City of Chula Vista's written
assurance that Sweetwater Authority will not have to pay the bill if the pipe
is moved to further improve the street.
City Council Meeting - lO - February 5, 1985
In an effort to gain condition of approval, the developer has prepared a
Covenant of Improvement Requirements which will indemnify the City should it
ever by necessary to move the water line. The Covenant will run with the land
and will bind subsequent owners.
Director Desrochers recommended Council accept the Covenant of Improvement
Requirements and direct staff to send a letter to Sweetwater Authority
releasing them from future responsibility in relocating the water line.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
12. RESOLUTION 11929 RELEASING FRANK FERREIRA FROM TNE AGREEMENT FOR LAND
DEVELOPMENT FOR UNCONTROLLED EMBANKMENT IN THE 200
BLOCK OF BONITA GLEN DRIVE ICity Attorney)
On the 16th of January 1973, the Council entered into an agreement with Frank
Ferreira which imposed conditions upon him to provide a soils analysis and
foundation design regarding an uncontrolled embankment in the 200 block of
Donira Glen Drive. Mr. Ferreira has fulfilled these conditions and a building
permit has been issued; however, the agreement shows up in a title report upon
the property and creates a "cloud" on the title. Mr. Ferreira requested the
City release him from the agreement. Said resolution can be recorded to erase
this "cloud".
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
13. RESOLUTION 11930 OF INTENTION TO GRANT A FIVE-YEAR EXTENSION TO A
FRANCHISE FOR REFUSE COLLECTION AND DISPOSAL TO CHULA
VISTA SANITARY SERVICE (City Attorney)
Councilman Scott stated he will be abstaining on this issue although he does
not have a conflict of interest as ruled by the Fair Political Practices
Commission (FPPC). Councilman Scott left the dais at this time.
Chula Vista Sanitary Service has requested a five-year extension on their
franchise which currently terminates on September 4, 1987. The City Attorney
recommended setting a public hearing for March 5, 1985.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent.
City Manager Goss stated the applicant is now requesting the public hearing to
be scheduled for be held on February 26, 1985. Staff has no problem with this
and is recommending approval.
The resolution, as amended to set the public hearing for February 26, 1985
carried by a vote of'~D'~l'th Councilman Scott abstaining.
City Council Meeting - ll - February 5, 1985
14. RESOLUTION 11931 REJECTING BIDS, WAIVING THE BIDDING PROCESS,
AUTHORIZING COOPERATIVE PURCHASE OF A FIRE PUMPER AND
APPROPRIATING SUPPLEMENTAL FUNDS THEREFOR (Director
of Public Safety)
Fiscal year 1984-85 budget appropriated $125,000 for replacement of a 1953
fire pumper. The City is able to purchase a fire pumper via a cooperative
purchasing arrangement with the City of San Diego as authorized by Council
Resolution No. 6132.
The Director of Public Safety recommended Council:
1. Reject the bids received by the City of Chula Vista for a fire
pumper.
2. Waive the bidding process for the fire pumper (CVMC 2.56.170).
3. Authorize the cooperative purchase of a fire pumper via a
cooperative purchasing arrangement with the City of San Diego.
4. Appropriate $23,294 in supplemental funds for the fire pumper.
Principal Analyst Goelitz answered the Council's questions pertaining to
expenditures approved within the next 5 years: a rescue truck in the 1985-86
budget at a cost of $75,000; a GPM pumper in the 1986-87 budget at a cost of
$150,000; a fire pumper in the 1990-91 budget at a cost of $150,000.
Mayor Cox asked if any consideration was given to going out to bid for a
staged delivery over a 5-year period of time as a cost-savi ng measure.
Mr. Goelitz stated staff looked at that and that is why they are recommending
authorization to purchase the fire pumper at this time. Staff is researching
the cost benefit regarding future reconstruction of the pumpers rather than
outright purchase. Mayor Cox stated the ultimate goal is to go to
standardization of equipment. Staff should be taking a look at the potential
benefits for multi-year purchases for additional rescue and pumper trucks
which could be delivered in the normal time-frame.
City Manager Goss noted the lack of credibility regarding standardization of
equipment if the 1990/91 FY trucks were bid today, the companies may not be i n
business in 1990/91.
Mayor Cox reiterated there should be a tie-in with the existing bid of getting
a standardized inventory of the pumpers or rescue trucks. He added that
anytime a different type of equipment comes in, extra staff time is devoted to
training for that equipment. Mayor Cox stated he will be voting against the
motion not because he is against purchasing the equipment, but because he
wants to take a look at the multi-year bids and the need for the pumpers for
the next five-years to see i f there would be any potential cost-savi ng over
what has been suggested by accepting the bid of San Diego.
· 'r T
City Council Meeting - 12 - February B, 1985
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved with Mayor Cox voting "no".
MSUC (Cox/Scott) to direct staff to come back with an analysis of whether
there would be a potential cost savings for Chula Vista and other agencies
which may be interested in participating in a multi-year bid.
15. RESOLUTION 11932 REQUESTING THE METROPOLITAN TRANSIT DEVELOPMENT BOARD
TO DESIGNATE FORMER SAN DIEGO ARIZONA AND EASTERN
RAILROAD RIGHT-OF-WAY AS AN ALTERNATIVE ROUTE FOR THE
SOUTH BAY BIKE ROUTE (City Attorney)
The City Attorney reported the present South Bay Bike Route alignment passes
through Imperial Beach and South San Diego on a major six-lane highway {Palm
Avenue/State Route 75). This route is dangerous in that it mixes bicyclists
and automobile traffic and discourages bicyclists from using the South Bay
Bike Route for work and recreation.
The request is for the Metropolitan Transit Development Board to work with
CALTRANS to relocate the South Bay Bike Route to the former San Diego and
Arizona Eastern Railroad right-of-way.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
16. REPORT OF THE CITY MANAGER
a. City Manager Goss reported that Jerry Foncerrada has been named Acting
Director of Parks and Recreation.
b. The City Manager reminded the Council of the tour of the City to be held
this Saturday, February 9, beginning at 8:00 a.m.
REPORTS OF OFFICERS AND DEPARTMENT HEADS
17. REPORT PROPOSED SAFE HARBOR LEASE OF NEW SCOOT BUSES BETWEEN
SCOOT AND ROHR INDUSTRIES (Director of Public Works/City
Engineer/Director of Finance)
On October 9, 1984 Council accepted a report recommending SCOOT Board to enter
into a Professional Services Agreement with the firm of Aylward, Kintz,
Stiska, Wassenaar, and Shannahan, to assist it in conducting a safe harbor
lease transaction on the 11 new SCOOT Orion buses. Rohr Industries has agreed
to enter into a safe harbor lease with SCOOT for the eleven (ll) buses. The
agreed upon cash down payment net to SCOOT is 12.B percent of the purchase
price of the buses which amounts to approximately $177,000. It is planned
tentatively to close this transaction at the SCOOT meeting on February 13,
1985.
MSUC (McCandliss/Cox) to accept the report and recommend to the SCOOT Board
that the Board enter into a "safe-harbor" lease with Rohr Industries.
City Council Meeting - 13 - February 5, 1985
18. REPORT REGARDING ASSIGNMENT OF SUPERIOR COURT JUDGE TO SOUTH
COUNTY REGIONAL CENTER (City Attorney)
The petition challenging the assignment of a Superior Court Judge to the South
County Regional Center was denied. The Board of Supervisors and the Superior
Court is currently studying the proposed appointment.
The City Attorney recommended the City await the outcome of the County's
study. If the County should decide not to make its appointment in accordance
with the State law, the City would then have an opportunity to challenge this
decision at that time.
MSUC (Scott/Moore) to accept the report.
Mayor Cox said he received a letter from Attorney William Cannon stating the
attorneys will do whatever they can to assure having a Superior Court Judge in
the South Bay Court. The Board of Supervisors has created a Task Force to
resolve this whole issue.
19. REPORT RECOMMENDING DENIAL OF ENCROACHMENT PERMIT REQUEST FOR
1052, 1044 AND 1048 SAGE VIEW WAY (Continued from the
meeting of December 18, 1984) {Director of Public
Works/City Engineer)
At its meeting of December 18, 1984, the City Council continued the
Engi neering staff's report on the request for an encroachment permit.
City Engineer Lippitt stated at its meeting on January 18, 1985, Mr. Bridges,
acting in his behalf and as agent for the other applicants, submitted an
amended request to the original letter of application. They have rescinded
the requests for (1) terracing of the slope; and (2) building of the decks
over the top of the slope.
The applicants have added three items:
1. A request to adjust the total area of encroachment from
approximately 16,600 sq. ft. down to approximately 8,500 sq. ft.
2. A request to reduce their taxes (assessments), as the land in their
open space area is considered to be of a mature status; therefore
requiring minimal maintenance.
3. A request to "establish a uniformity of the banks of their canyon
area with the banks of the new projects being built around them,
i.e. they are being fenced in and included with the home--an option
not made available to them at the time of purchase."
Staff reported the Sage View open space areas all ow for easy access and care
by the contractor and is not as cost-prohibitive to maintain as would have
been the case for the areas behind E1 Rancho Del Rey (northwest of the
properties on Sage View).
City Council Meeting - 14 - February 5, 1985
The Director of Public Works/City Engineer recommended Council accept this
supplemental report and deny the request.
Open Space Coordinator Garry Willjams stated that he met with the people of
this area (District 9) and discussed the issues involved. These people do not
have a Homeowner's Association nor do they conduct regular meetings which
staff could attend.
Mr. Alan Bridges, 1052 Sage View explained the need for the encroachment
permit. The residents of this area want to get in and plant additional
landscaping, trees, etc. It becomes a matter of access for them. There is a
fence around the property and in order to get to the shrubbery and trees, they
need the accessibility. The chain-link fence was a VA requirement.
Councilman Moore discussed the benefits of the group establishing a
Homeowner's Association.
Mr. Richard Johnson, 1044 Sage View, submitted three presentations to the
Council showing pictures of the area, the fence, landscaping, and a rusty
knife. He said there was a great deal of vandalism occurring in the area and
it has become a "mud-pile" rather than a beautiful open space area.
Mrs. Deborah Peterson, 1048 Sage View Way, asked whether the City would be
amenable to (1) constructing and paying for gates to their properties so they
can adequately maintain City property; (2) what guarantee would they have that
proper maintenance would be done by City staff; (3) what return would they
receive for their yearly assessment for the Open Space Maintenance District;
and (4) why should they be responsible for maintaining City property.
Councilman Moore commented one of the drawbacks here was (1) they do not have
a Homeowner's Association in which they could review their rights for the
yearly contracts; and (2) the City is "tight" with encroachment permits. A
resident should not have to maintain City property. The people bought those
homes in the area wanting that privacy and the homes have a great resale value
because of this open space area.
Further Council discussion centered around: (1) the people joining together to
form a Homeowner's Association; (2) Council supporting an encroachment permit
at this time; (3) the City not doing everything it should be doing in that
area; (4) as a Homeowner's Association, they can contribute money for the
purchase and planting of trees; (5) the area is unique and an encroachment
permit may be feasible; (6) to see what staff can do to clean up the area; (7)
concern that staff go in and clean it up correctly and maintain it; and (8) no
accessibility to t e area.
problem with allowing h
Open Space Coordinator Garry Willjams stated the hill side is in the Open Space
District and is "Coded 3". The reason for the vegetation for the hill side is
to uphold the hill. The maintenance done in that area is weeding only and
this is done by the Parks and Recreation Department. The contractor is not
required to even go in and fertilize that area.
City Council Meeting - 15 - February 5, 1985
Councilman Moore noted Code 3 .had the m~n~m~em work done with
Councilwoman McCandliss indicated the whole situation ~s not being handled
properly - trees are not being replaced. If there is a need for a policy on
service levels, the approach should be to take in the district as a whole.
The policy needs to be changed and come back to the City Council.
In answer to Mr. Williams' inqui~ about planting additional shrubbery the
Mayor indicated there is a replacement fund in the open space districts to do
that. The Mayor added that when the letters go out next year to the
Homeowner's Associations for their annual meeting, staff should encourage a
community meeting which could be held in the Council Chamber. Councilman
Moore suggested asking the people who do not have a Homeowner's Association to
form a Quasi-Homeowner's Association.
MSUC (Scott/Moore) to accept the staff report and recommendations.
MSUC (Moore/Scott) When the annual letters go out to review the proposed
contracts for the upcoming year, have the letter encouraging the formation of
an association and attend the meeting in order to review the contracts and
learn more about them.
Mayor Cox remarked a Homeowner's Association would be appropriate since it
would serve the over all effectiveness of the Open Space Districts - the staff
could then identify with "Block Captains"in each of those areas.
20. REPORT BAYSIDE ALANO CLUB ~ 230 GLOVER AVENUE (Assistant City
Attorney)
On December 18, 1984, the City Council received a petition from concerned
citizens relating to the Bayside Alano Club located at 230 Glover Avenue
requesting the Alano Club be closed due to excessive noise; damage to a fence
separating the Alano Club from adjacent residential property; an excessive
number of street parking spaces being utilized by the participants at the Club
and inaction on the part of the Chula Vista Police Department. The City
Council on December 18, 1984 referred this matter to the City Attorney and to
the Director of Public Safety to take appropriate action regarding the
petition.
Physical changes in the operation of the Alano Club have resulted in a
substantial reduction of adverse noise. The report submitted by the Assistant
City Attorney indicates the actions taken by the parties in this manner.
The City Attorney's office and the Chula Vista Police Department will continue
to monitor the operation of the Club; however, it appears that the above cited
changes have resulted in a substantial reduction in the adverse impact.
MSUC (Malcolm/Moore) to accept the report.
- City Council Meeting - 16 - February 5, lgB5
2l. MAYOR'S REPORT
a. MSUC (Cox/McCandliss) for a Closed Session regarding litigation Chula
Vista vs. County of San Diego.
b. Mayor Cox referred to the last meeting during which Council discussed
State Roo~ 125. ~v~. reported Senator Deddeh has now introduced
x~(gegislati I~g~i~tl~)~i-i-~ No. 7) to get Caltrans to put SR 125 back
on their six-year plan.
MSUC (Cox/Scott) to direct staff to bring back a resolution in support of
Legislative Bill No. 7.
c. Mayor Cox stated the International Friendship Commission is in the
process of coordinating a Sister Cities Conference on April 21. The
Commissioners need some "up-front" money for preparation of this
Conference. The County has a grant of funds allocated for this type of
expenditure (TOT allocation source). The money could come from the
County and reimburse the City.
MSUC (Cox/Scott) to advance the International Friendship Commission the sum of
$500 (a resolution to be brought back) to pay the front-end costs of the
Sister Cities Conference. This would be from the non-departmental budget and
would be reimbursed by the County of San Diego.
d. Mayor Cox stated he received a call from Assemblyman Peace's office
stating people are being directed from the Library to come to his office
to pick up the income tax forms. These people are upset because the
forms were always available at the Library. City Manager Goss stated
that he will handle this matter.
e. Mayor Cox reported he went over to St. John's Episcopal Churc~to meet
with representatives over their concern regarding the lack of s~cwalks
close to the school and the lack of signs noting motorists are
approaching a school area.
MSUC (Cox/Scott) to refer this to staff and Safety Commission for a report
back to Council.
f. Mayor Cox stated he has approximately 7-8 applications for the vacancies
on the Board of Ethics. It was the concurrence of the Council for
Secretary of the Council to poll the Councilmembers as to a suitable date
for interviews.
22. COUNCIL COMMENTS
a. In answer to Councilman Moore's question, Director of Community
Development Desrochers gave a status report on the posting of signs at
Orange/Brandywine Avenues regarding the off-road vehicles. He stated the
signs had been posted approximately one month ago.
City Council Meeting - 17 - February 5, 1985
b. Councilman Moore referred to the noise abatement ordinance just passed
policies which affect the business community. ~'~ ~~-~F)K'z~C~
c. Councilman Scott questioned why the fountain at the South County Regional
Center is not working.
MSUC (Scott/Moore) for staff to find out why the fountain does not work and to
call the County on this.
d. Councilman Scott noted the concerns about trash and litter alon the
Otay Valley and Brandywine roads. ~ ~~L~'r~am°~'t~ne
MSUC (Scott/Malcolm} to refer this item to the Redevelopment Agency for
consideration.
e. Councilman Scott noted that several months ago the Council questioned the
illegal signs posted throughout the City regarding traffic control
(McDonald's and Fuller's signs}. City Attorney Harron noted the illegal
signs still exist and he will write a letter to each of the homeowners.
Councilman Scott suggested the Attorney call the homeowners.
f. Councilwoman McCandliss noted recently the Board of Supervisors joined
SANDAG and that more cities are having direct contact with the County
regarding planning issues. She would like to start bringing down members
of the Board of Supervisors to tour this City so that when an issue comes
up regarding Chula Vista, they will have had an opportunity to see the
area. She added she will ask the Secretary to the Council to set up the
schedule.
g. Councilman Malcolm referred to the recent Council Conference regarding
the Brown Act and his concern regarding the City Attorney's opinion if
three Councilmembers talk on an issue, (outside a Council meeting) it
becomes a violation of the Act. He said he dictated a letter to
Assemblyman Peace to get a legislative opinion on this. Councilman
Malcolm added he feels it is not the intent of the Brown Act to stifle
public input but rather to get as much information out to the public as
possible. Attorney Harron stated the letter should go to the Attorney
General rather than the Legislative Counsel.
MSUC (Malcolm/Moore) to write the Attorney General expressing this Council's
concern regarding the City Attorney's advice to not meet with Committee's
groups, individuals or not more than two people ever can get together
explain this situation and get an opinion back from them.
City Council Meeting - 18 - February 5, 1985
h. Councilman Malcolm referred to the President's message asking for support
of a balanced budget. The President is proposing to remove 100% of
revenue sharing which Councilman Malcolm felt was not appropriate. He
supports a slow phase-out perhaps over a five-year period which would be
more appropriate. Councilman Scott stated the intent of revenue sharing
is not the answer - cities should solve their own problems. He can
however, go along with the phasing out over a five-year period of time.
The Council recessed to Closed Session at 10:12 p.m. and adjourned at 10:20
p.m.
ADJOURNMENT AT 10:20 p.m. to the Council Tour on Saturday, February 9, at
8:30 a.m. and to the special daytime meeting of February 19, 1985 at 3:00 p.m.
MEETING FOR FEBRUARY 12, CANCELLED
WPG:0535C
PAG