HomeMy WebLinkAboutcc min 1986/07/15 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
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Tuesday, July 15, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore,
Campbell, McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: Acting City Manager Asmus, Assistant City
Attorney Gill
PLEDGE OF ALLEGIANCE TO THE FLAG, 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 meeting of July 8, 1986.
MSUC (Moore/Campbell) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY - None.
3. WRITTEN COMMUNICATIONS
a. CONCERN REGARDING INCREASE IN TRASH PICKUP RATE - J. Kraus,
Sharon's Trailer Park, 681 "I" Street, B-19, Chula Vista 92010
In his written correspondence, Mr. Kraus described the various
utility service rate increases. Particularly, Chula Vista
Sanitary Service (CVSS) has raised its fees and reduced
service.
City Manager Goss recommended this letter be acknowledged and
information regarding the rate increases be transmitted to Mr.
Kraus.
MSUC (Malcolm/Moore) to accept the staff recommendation.
b. REQUEST FOR CORRECTED INFORMATION TO BE PLACED ON CHULA VISTA
TRANSIT AUTHORITY BUS SIGNS - Robert D. Deems, Attorney at
Law, 1007 5th Avenue, Ste. 1024, San Diego 92101
Mr. Deems requested prior to their installation on buses,
corrected information should be included on signs relating to
guide dogs accompanying disabled persons on CVT buses.
MINUTES - 2 - JUly 15, 1986
The City Manager recommended staff contact Mr. Deems to
attempt to reach an agreement with him on this issue.
Assistant City Attorney Gill reported the Attorney's office
has reached resolution with Mr. Deems. The only change is to
remove the word "guide" from the sign but the word "dogs" will
remain, so it is inclusive as to t~e types of dogs allowed on
CVT buses. In addition, Section 54.2 of the Civil Code will
be revised to provide this authority.
MSUC (Moore/Campbell) to accept and file this request.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING PROPOSED CHANGES TO CITY ORDINANCE 1997,
MOBILEHOME RENT MEDIATION (Continued from
May 27, 1986 )(Community Development
Director)
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The City Council, at their May 27 meeting, requested further
information and proposed language for additional changes to City
Ordinance 1997. The public hearing was continued to the July 15
meeting.
In response to the public hearing, Council asked staff to return
with a report concerning the following items:
1. Proposed language that would allow pass-through charges for
major, new Capital Improvement Projects,
2. a 5-10 year comparison of the National and San Diego Consumer
Price Index and a definition of the CPI,
3. recommendation concerning the use of a ceiling and floor for
the triggering mechanism in the Ordinance, and
4. language that would further explain the next step in the
process if rent mediation is not successful.
The Mobilehome Issues Committee met on June 5 and again On July 10
to discuss changes to the Ordinance recommended by Council. The
Committee supports the staff recommendations in this statement.
Assistant Community Development Director Gustafson reported staff
and the Mobilehome Issues Committee (MHIC) recommends the
following be included in the Ordinance: pass-through provisions
for major capital improvements; San Diego CPI be used as a
triggering mechanism; no ceiling or floor mechanisms be utilized;
and language by the City Attorney be utilized for enforcement of
the ordinance.
MINUTES - 3 - July 15, 1986
It was recommended Council evaluate proposed changes to Ordinance
1997 and set a new public hearing date for consideration of the
proposed amendments to the Ordinance.
The following individuals appeared before Council regarding this
issue: Cliff Roland, 1100 Industrial Blvd., Sp. I-6, Chula Vista;
Heinz Seiler, 1425 Second Avenue, #309; Robert Phipps, 501 Anita,
representing Granada Mobile Estates; Mary Francis Click, 1100
Industrial Blvd., Sp. 1-57; Jerry Fick, P.O. Box 4418; Adeline
Smith, 725 E. Bradley Ave., #1, E1 Cajon 92021, representing
Western Mobilehome Association.
Their concerns included: use of San Diego CPI-U/All Urban
Consumers figure; questioned specific costs to operate a
mobilehome park (MHP); distributed copies of the CPI used for U.S.
cities; requested Council use the National CPI; reserved right to
contest this ordinance in court; park residents were threatened
into signing rent increases by park owners; seniors receive SSI
increases based on National CPI; eventually San Diego CPI will be
published bi-annually and then not at all; Council's decision will
affect 6,000 MHP residents; MHP life is in jeopardy unless renters
and owners reach an agreement; suggested retaining Section
9.50.015 "Applicability," On page 2 of the ordinance; a
negotiation commission should be created to make sure Section
9.50.050, subparagraphs 2, 3 and 4 are adhered to; major problems
concerned triggering mechanisms; San Diego Metropolitan
Residential Rent Component (11.2%) originally used; CPI-U was a
negotiated item.7%.
There being no further testimony either for or against, the public
hearing was closed.
In response to Council's concern, Assistant City Attorney Gill
explained the public hearing involves a staff report but no
ordinance is available for adoption. However, it is not necessary
that a public hearing be called to place an ordinance on first
reading.
MSUC (Cox/McCandliss) amend item 8 of "Definitions," Section
9.50.030, to delete references to floor and ceiling.
Mayor Cox clarified the Committee's recommendation is to use the
All Consumers/All Items component of the San Diego Metropolitan
Area Index.
Council discussion followed concerning factors involved in park
management; pass-throughs were previously considered as
double-dipping; concurred with the committee's recommendation to
utilize pass-throughs for capital improvements; motivating park
owners to make improvements to mobilehome parks.
MSUC (Malcolm/Campbell) for committee recommendations (use of
pass-throughs) for major capital improvements.
MINUTES - 4 - July 15, 1986
MSC (Campbell/Moore) accept the Committee's recommendation on the
Consumer Price Index and use the San Diego (CPI-U/All) Urban
(Councilman Malcolm opposed. )
Councilman Malcolm pointed out if use of the local CPI gets out of
hand, this issue will be back to these hearings.
MSUC (McCandliss/Cox) include paragraph 2 (Section 9.50.110
"Enforcement," page 10).
Discussion followed concerning problems associated with Ordinance
1997 in Brentwood MHP disputed largely due to
incomplete/inaccurate MHIC minutes; taping future MHIC meetings;
minutes should be kept on file in the City Clerk's office.
MSUC (Malcolm/Cox) to include subparagraphs 2, 3 and 4
( "Functions" section ) and that the City be responsible for
implementing the procedures for taping and preparing minutes.
MSUC (McCandliss/Cox) to accept all the minor modifications and
housekeeping changes in the ordinance (including retaining Section
9.50.015 "Applicability" ) .
MS (Cox/McCandliss) to direct staff to put this on as a public
hearing.
SUBSTITUTE MOTION
MSUC (Cox/McCandliss) refer this to staff to incorporate changes
made tonight and bring it back on Tuesday, August 5, 1~86, at 4
p.m.
Councilman Malcolm commended both sides (park owners and tenants)
for their efforts in reaching a middle ground in this issue.
5. ORAL COMMUNICATIONS
a. Cliff Roland, 1100 Industrial Boulevard, Chula Vista, thanked
park owners, the City Council and staff for their time
regarding the mobilehome park rent mediation issue.
b. Mike Street, 1225 Tobias, Chula Vista 92011, representing the
National Christian Association, discussed the problem of
pornographic bookstores in Chula Vista (specifically, the "F"
Street Bookstore). He stated approximately 800 signatures
have been obtained from citizens opposed to this type of
business.
Mayor Cox explained since the "F" Street Bookstore was
previously under the County's jurisdiction prior to
annexation, City regulations prohibiting the sale of
pornographic material in certain areas of the City would not
apply to this business.
MINUTES - 5 - July 15, 1986
Assistant City Attorney Gill declared the City Attorney's
office has not pursued action against this business due to
pending litigation of the Carousel Club. This lawsuit
challenges the constitutionality of the County's adult
entertainment ordinance. The City Attorney is waiting until
~uly 30 when the Superior Court makes a determination.
In answer to Councilwoman McCandliss' question regarding
temporarily closing the "F" Street Bookstore, Assistant City
Attorney Gill stated due to the time it has taken to get a
hearing, it is doubtful an injunction would be granted by the
Court.
Councilman Malcolm indicated pornographic material is
available in the Chula Vista Library and encouraged citizen to
write to the Mayor and City Council regarding this.
MSUC (Cox/McCandliss) refer comments of Mr. Street to the City
Attorney to come back with a report on the options that might be
available and the status of the lawsuit pending before the court.
MSUC (Malcolm/McCandliss) start abatement (proceedings)
immediately against "F" Street Bookstore and Carousel Club if
violations of the City Code are discovered.
c. Petra E. Barajas, P.O. Box 5013, Chula Vista 92012,
representing the Civilized Society for Human Care, declared if
the City Council funds any portion for redesign of the
residence at 165 Murray Street (Raso), a Class Action lawsuit
would be filed against the City citing all parties responsible
for this problem.
d. Bess Pocklington, 656 Glover Place, Chula Vista, commented Mr.
Raso set out to deceive the City upon plan submittal; the City
should not be excused from its mistakes; Mr. Raso's original
plans were for bedroom and bathroom additions; cited wording
in City ordinance for granting a variance; Raso brought about
his own hardship and therefore the City should not contribute
to any costs for the modifications.
REQUEST TO CHANGE PROCEDURAL ORDINANCE
Councilman Moore suggested the order of the agenda be changed to
allow non-controversial items on the Consent Calendar to be
considered prior to the public hearings.
MS (Moore/Malcolm) as it pertains to Consent Calendarr those items
that are not contested in any way by the public or members of the
City Council and therefore would receive sufficient votes to be
approved, would be dealt with and voted on prior to public
hearings.
MINUTES - 6 - July 15, 1986
Assistant City Manager Asmus noted the procedural ordinance would
probably have to be changed. Councilman Moore included this in
his motion, the second concurred, and the motion passed
unanimously.
CONSENT CALENDAR (6 - 19)
Items 6, 9, 10, 18 and 19 pulled.
MSUC (Malcolm/Campbell) to approve the Consent Calendar.
6. RESOLUTION APPROVING A CONTRACT WITH GERALD S. KIBBEY
& ASSOCIATES, INC. FOR THE APPRAISAL OF
PROPERTY AT 626 SECOND AVENUE (Community
Development Director)
Pulled from Consent Calendar.
7a. RESOLUTION 12595 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND YMCA FAMILY STRESS CENTER
AND AUTHORIZING-THE MAYOR TO EXECUTE SAID
AGREEMENT (Community Development Director)
b. RESOLUTION 12596 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH BAY MEALS ON WHEELS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
c. RESOLUTION 12597 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND JOBS FOR YOUTH AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
d. RESOLUTION 12598 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
e. RESOLUTION 12599 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH COUNTY COUNCIL ON
AGING AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
f. RESOLUTION 12600 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND TEN OVER SIXTY AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
g. RESOLUTION 12601 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND LUTHERAN SOCIAL SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
MINUTES 7 July 15, 1986
h. RESOLUTION 12602 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SLINGERLAND EDUCATIONAL
SUPPORT ORGANIZATION AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
On May 13, 1986, the City Council approved the Community
Development Block Grant (CDBG) budget for fiscal year 1986-87.
Included in that approved budget were funds for the organizations
listed above. The programs operated by the eight non-profit,
community-oriented organizations are directed to principally low
and moderate-income persons. Agreements for supporting these
programs must be approved before funds can be released.
The agreements for Woodlawn Park Community Center and Salvation
Army will be forthcoming, as certain details are still being
considered.
The total cost of the programs, $73,400, will be funded from the
1986-87 and prior Community Development Block Grant budgets. No
general funds will be involved.
8. RESOLUTION 12603 APPROVING AMENDED HOUSING COOPERATION
AGREEMENT WITH EUCALYPTUS GROVE
INTERNATIONAL (Community Development
Director)
On August 27, 1985, the City entered into a Housing Cooperation
Agreement with Eucalyptus Grove International to govern the
provision of rent and income restricted units at Eucalyptus Grove
Apartments at Flower Street and Bonita Road in exchange for a
density bonus and tax exempt financing. The project is under
construction. The property owner seeks certain amendments to the
Housing Cooperation Agreement.
9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND HBW ASSOCIATES, INC. IN
ASSOCIATION W~TH MICHAEL FEERER AND
ASSOCIATES FOR LIBRARY CONSULTING SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Library Director)
Pulled from Consent Calendar.
10. RESOLUTION APPROVING FINAL MAP FOR CHULA VISTA TRACT
84-13, UNIT NO. 2 (54 SINGLE FAMILY
UNITS)(Director Of Public Works/City
Engineer)
Pulled from Consent Calendar.
MINUTES - 8 - July 15, 1986
11. RESOLUTION 12604 ACCEPTING PUBLIC IMPROVEMENTS TRAFFIC
SIGNAL AT EAST "H" STREET AND HIDDEN VISTA
DRIVE (Director of Public Works/City
Engineer)
McCain Construction Co. completed the construction for the traffic
signal at East "H" Street and Hidden Vista Drive. A final
inspection was made on June 30, 1986, and all work was found to be
completed in accordance with the plans and specifications and to
the satisfaction of the City Engineer.
FINANCIAL STATEMENT:
Authorized Expenditure $48,706.00
Original Contract Amount $39,706.00
Chg. Order No. 1, Additional Conduit 2,282.75
Final Construction Cost $41,988.75 $41,988.75
Plan Preparation by Consultant 4,000.00
Balance Authorized Expenditures $ 2,717.25
City will assume annual maintenance and energy cost, approximately
$4,000.00/year.
12. RESOLUTION 12605 ACCEPTING GRANT OF EASEMkNT FROM HART AND
SONS FOR DEDICATION OF RIGHT-OF-WAY AT 916
FOURTH AVENUE (Director of Public
Works/City Engineer)
Recently, Hart and Sons, a partnership, submitted an application
for a building permit to construct a 15-unit apartment complex at
916 Fourth Avenue.
Section 12.24.010 of the City Code provides that the owners of the
property being developed are required to dedicate necessary
right-of-way. The document granting this street easement has been
executed by the owners and submitted to the Engineering
Department. It has been found to be satisfactory and is now ready
for Council acceptance.
13. RESOLUTION 12606 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND LA QUINTA MOTOR INN TO
WAIVE ALL RIGHTS TO PROTEST THE FORMATION
OF AN UNDERGROUNDING DISTRICT OR ANY
SIMILAR PROCEEDING TO PLACE EXISTING
OVERHEAD UTILITIES UNDERGROUND AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Public Works/City
Engineer)
MINUTES 9 July 15, 1986
La Quinta Motor Inns, Inc. was required to underground the
existing overhead utility lines on its proposed motel site at 150
Bonita Road. The developers' request for deferral of these
requirements was denied by Council on August 20, 1985.
The developers then requested a deferral of the requirement to
remove and relocate the existing utility pole at the most easterly
side of the property.
On October 15, 1985, the City Council held a public hearing in
which a revision to the Council action taken in their August 20,
1985, meeting was found justified and, consequently, approved the
deferral to relocate said utility pole.
14. RESOLUTION 12607 ACCEPTING BIDS AND AWARDING CONTRACT FOR
PLACEMENT OF ASPHALT CONCRETE OVERLAY
(1985-86 PROGRAM) AT VARIOUS LOCATIONS IN
THE CITY OF CHULA VISTA, CALIFORNIA
(Director of Public Works/City Engineer)
Bids for this project were received on July 2, 1986. The work
includes placement of 1-1/2 to 2-inch thick asphalt concrete
overlay on top of a non-woven pavement reinforcing fabrict removal
of alligator pavement areas and replacement with asphalt concrete,
asphalt concrete leveling course, PCC cross gutter, PCC alley-type
driveways, adjustment of manholes, replacement of traffic signal
loops, and traffic control.
The low bid by R. E. Hazard Contracting Company was below the
Engineer's estimate of $270,006.50 by $21,267.40, or 7.9%.
Funds available from the following account:
A. 250-2501-GT190 Pavement Overlay Program
$255,115.44
Funds Required for Construction:
Contract Amount $248,739.10
Contingencies 6,376.34
Total Funds for Construction $255,115.44
15a.RESOLUTION 12608 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CHULA VISTA JAYCEES IN
REGARD TO THE EXPENDITURE OF CITY FUNDS
APPROPRIATED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (City Manager)
MINUTES - 10 July 15, 1986
b.RESOLUTION 12609 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GRETCHEN EVANS LIBRARY
CONCERTS IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT (City
Manager)
C.RESOLUTION 12610 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND UNITED NATIONS COMMITTEE
IN REGARD TO THE EXPENDITURE OF CITY FUNDS
APPROPRIATED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (City Manager)
The 1986-87 budget includes funding of various Community
Promotions organizations. Agreements have been prepared for the
following groups in the amounts approved by the City Council:
a. Chula Vista Jaycees I5,580
b. Gretchen Evans Library Concerts 1,590
c. United Nations Day Committee 380
16. RESOLUTION 12611 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND METROPOLITAN AREA ACTION
COUNCIL (MAAC) TO PROVIDE GROUNDS
MAINTENANCE AT LAUDERBACH PARK AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Parks & Recreation)
For the two years prior to annexation, the County of San Diego
maintained Lauderbach Park through an agreement with the
Metropolitan Area Action Council (MAAC) to provide the ground
maintenance services for Lauderbach Park. Since annexation, the
City has worked with MAAC under a similar grounds maintenance
agreement. This report recommends an extension of this agreement
for FY 1986-87.
17. RESOLUTION 12612 URGING THE CALIFORNIA TRANSPORTATION
COMMISSION TO SUPPORT EXPENDITURE OF
PLANNING FUNDS FOR STATE ROUTE 54 BETWEEN
1-805 AND STATE ROUTE 125 AND FOR STATE
ROUTE 125 BETWEEN STATE ROUTE 54 AND STATE
ROUTE 94 (Director of Public Works/City
Engineer)
At the meeting of May 27, 1986, Council requested that staff
prepare a resolution to CalTrans supporting the construction of
State Route 54 between I~805 and State Route 125. As the first
step in this process, it is necessary for CalTrans to expend funds
to do the necessary studies for concept plans and preparation of
environmental documents.
MINUTES - 11 - July 15, 1986
It was also recommended this resolution be sent to San Diego
County cities in the South Bay and the East County regions with a
request for support. The California Transportation Committee
meeting is scheduled for late August 1986.
18. REPORT BKK HAZARDOUS WASTE TRANSFER STATION AND
ITS OPERATIONS (Director of Planning)
Pulled from Consent Calendar.
19. REPORT RECOMMENDING DENIAL OF REQUEST FOR
ENCROACHMENT PERMIT PE-076 AT 101 EAST "J"
STREET (Director of Public Works/City
Engineer)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
6. RESOLUTION APPROVING A CONTRACT WITH GERALD S. KIBBEY
& ASSOCIATES, INC. FOR THE APPRAISAL OF
PROPERTY AT 626 SECOND AVENUE (Community
Development Director)
The owners of the single family residence at 626 Second Avenue
have expressed interest in selling their property to the City.
The property is located outside the Town Centre Redevelopment
Project Area (vicinity) and two lots down from the Greg Rogers
Historical House.
Gerald S. Kibbey & Associates, Inc. has submitted a contract for
$1,000 for a narrative appraisal report which can be completed
within 60 days. Funds are available in Account #600-6000-GF34.
Mayor Cox stated he wished to talk to residents impacted by this
issue.
Council discussion followed concerning the need for an MAI
appraisal for this particular home.
MSUC (Cox/Moore) to continue this item for four weeks (and obtain
less expensive appraisal).
9. RESOLUTION 12613 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND HBW ASSOCIATES, INC. IN
ASSOCIATION WITH MICHAEL FEERER AND
ASSOCIATES FOR LIBRARY CONSULTING SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Library Director)
MINUTES - 12 - July 15, 1986
In the CIP Budget for FY 1982-83, Council appropriated $9,300 from
the California Library Services Act Fund to develop and publish a
comprehensive plan for library services. On December 17, 1985,
Council requested staff proceed with the Library Master Plan as an
element in the City Master Facilities Plan.
The Library study is expected to be completed in December 1986,
the Master Facilities Plan in September 1987, and the General Plan
updated in August 1987.
The total amount necessary to implement this agreement is
$30,900. Funds are available in account 600-6000-CLSA03 ($9,300)
and 600-6000-CLSA09 ($21,600).
In answer to Council's question, Library Director Lane reported in
FY 1982-83, this study was outlined as a ten-year program.
Subsequently, the consultant and Assistant City Manager discussed
continuing the study further to the Year 2000.
Michael Feerer, representing Michael Feerer and Associates, stated
the study could be extended beyond ten years; described how the
study would be carried out utilizing information on cities of
similar size and population; study will be submitted to the City
without their input but reviewed by a City committee before final
approval by the City Council.
Director Lane clarified the work plan will be the consultant's
view and will be reviewed by a City committee in order to review
milestones before the consultant proceeds further.
Councilman Malcolm suggested options (i.e., bookmobile, sharing
library services with Southwestern College) should be explored.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
10. RESOLUTION 12614 APPROVING FINAL MAP FOR CHULA VISTA TRACT
84-13, UNIT NO. 2 (54 SINGLE FAMILY
UNITS)(Director of Public Works/City
Engineer)
The Final Map for CVT 84-13, Chula Vista Woods, Unit 2 has been
reviewed by the Engineering Department and found to be in
conformance with the Tentative Map approved by the City Council on
November 13, 1984, by Resolution No. 11844 except for the grading
revisions.
The engineers for Chula Vista Woods have submitted proposed
revisions to approved grading and street improvements plans for
Chula Vista Woods Subdivision. The proposed revisions arise from
the inability to balance the earthwork (excavation and fill) due
MINUTES 13 - July 15, 1986
to unexpected soil conditions. The proposed revisions affect the
stub street (Nantucket Dr.) extending to the northerly boundary of
Unit 2 and are technically acceptable to the Engineering and
Planning Departments.
Councilman Moore questioned lowering the stub street (Nantucket
Drive) 6.5 feet below the ground line. In response, (Director of
public Works/City Engineer Lippitt explained all property owners
impacted, including United Enterprises, have reached an agreement
on lowering the ground level.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
18. REPORT BKK HAZARDOUS WASTE TRANSFER STATION AND
ITS OPERATIONS (Director of Planning)
At the City Council meeting of April 22, 1986, Council expressed
concern that the BKK Industrial Waste Transfer Station, located on
the lands of the County of San Diego's Otay Landfill, is not being
used in the manner proposed under its application. Council
expressed further concern that the Station may not be operating in
a manner consistent with the standards associated with the proper
handling of hazardous waste.
Council requested staff prepare a report as to what is authorized
by the Conditional Use Permit and the general operation of the
Industrial Waste Transfer Station.
It was recommended Council accept and file the report.
Councilman Malcolm stated Council's original intent for this
facility was for neutralization of material coming into the plant;
suggested an investigation be carried out by the City Attorney's
Office to determine if violations have occurred.
MSUC (Malcolm/McCandliss) refer this to the City Attorney to see
if he can come up with some way to either require (the BKK
facility) go back to its stated purpose Or move out of our City.
19. REPORT RECOMMENDING DENIAL OF REQUEST FOR
ENCROACHMENT PERMIT PE-076 AT 101 EAST "J"
STREET (Director of Public Works/City
Engineer)
Application has been made by Mr. W. E. Richardson for an
encroachment permit to build an R. V. garage that would encroach 5
feet into a public utility easement under existing cable,
telephone, and high voltage lines. In accordance with Section
12.28.020 the request must be considered by the City Council.
The recommendation was to deny the request for an encroachment
permit.
MINUTES - 14 - JUly 15, 1986
Director Lippitt displayed a site location plan of the area noting
the request is for an easement for utility lines; SDG&E
discourages structures located under high voltage utility lines;
staff recommends against the encroachment permit primarily because
of SDG&E'S concern; if Council allows encroachment permit a
variance must be filed with the Planning Department; lot coverage
of proposed structure exceeds maximum allowed by City code (600+
sq o
Wayne Richardson, 101 E. "J" Street, Chula Vista, stated he is
requesting the encroachment permit in order to get his motorhome
off the street; noted similar condition exists at 131 "J" Street
(garage under power line); neighbor was permitted to create an
alley way on the other side of the easement.
Director Lippitt offered if the applicant can resolve the power
line issue with SDG&E, he would support the permit. However, a
variance from the Planning Department would still be required.
MSUC (Cox/McCandliss) continue this item to August 5 (to obtain
input from SDG&E).
UNANIMOUS CONSENT
19a.RESOLUTION 12615 ADDING AN ADVISORY ITEM DEALING WITH
RUNOFF ELECTIONS TO THE NOVEMBER, 1986
BALLOT (City Attorney)
At its meeting on June 10, 1986, the City Council rev.iewed the
recommendations of the Charter Review Committee and decided to put
two items on the ballot for November of 1986. Those two items
dealt with an expanded definition of the police power supporting
emergency ordinances and a consolidation of City elections with
general statewide elections. Council directed the City Attorney
to prepare an advisory item to the ballot dealing with runoff
elections. This resolution would put that item on the November,
1986 ballot.
The Charter Review Committee was informed of Council's action and
generally concurred.
Assistant City Attorney Gill recommended Council amend the
resolutions dealing with the November ballot to include the
advisory question dealing with runoffs.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
MINUTES - 15 - July 15, 1986
OTHER RESOLUTIONS AND RELATED REPORTS
20. RESOLUTION APPROPRIATING FUNDS FOR CONSTRUCTION OF STREET
IMPROVEMENTS ON THE NORTH SIDE OF "E" STREET
OPPOSITE THE BAYFRONT TROLLEY STATION Director
Of Public Works/City Engineer)
Staff has been working with the County for the installation of a
drainage inlet and missing curb, gutter, and sidewalk on the north
side of "E" Street just east of the existing railroad tracks.
This has been a continuing drainage problem. Also, the lack of
existing sidewalk in the area makes it inconvenient for
pedestrians going east and west across the "E" Street overpass.
As part of the work for the trolley station the curb, gutter~ and
sidewalk on the south side of "E" Street is also being extended
westerly to near the railroad tracks.
It was recommended Council:
1. Appropriate $11,786 from the unappropriated reserve of gas tax
funds for construction of the drainage and street improvements.
2. Authorize the City Engineer to execute a change order and/or
transfer the funds to the County so a change order may be
executed for the construction of the drainage and street
improvements.
Director of Public Works/City Engineer Lippitt stated this
construction would not delay opening of the Bayfront Trolley
Station. The biggest problem involves utilities which the County
is responsible for.
RESOLUTION OFFERED BY COUNCILMAN CAMPBELL, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
21. REPORT OF THE CITY MANAGER - None.
22. MAYOR'S REPORT
a. Mayor Cox announced the Council will meet for a picture-taking
session on July 22 at 6:15 p.m. prior to a scheduled Closed
Session for "Meet and Confer" (Council Conference Room, City
Hall).
b. The display panel for the Council reception area is in place.
The Mayor suggested a committee to select photos for display
composed of Councilman Moore, the City Clerk, a representative
from the City Attorney's office and himself be formed.
· I T
MINUTES - 16 July 15, 1986
MSUC (McCandliss/Cox) ratify composition of the committee.
c. Mayor Cox requested authorization for airfare and his
participation in a Training Advisory Committee on July 16 in
Los Angeles sponsored by the League of California Cities.
MSUC (Malcolm/Campbell) authorize this request.
d. The Mayor reminded Councilmembers to prepare for the
Boards/Commissions interviews on Tuesday, July 29 at 5:30 p.m.
23. COUNCIL COMMENTS
a. Councilman Campbell discussed the draft letter prepared by the
Planning Director at the request of the City Council regarding
residential construction at 165 Murray Street. Since then Mr.
Raso has submitted additional correspondence on this issue.
MSUC (Campbell/McCandliss) to approve the (Planning Director's)
draft as presented to Council.
b. Councilwoman McCandliss discussed the City cleanup campaign
held recently, particularly Chula Vista Sanitary Service's
cooperation.
MSUC (Mccandliss/Cox) (when the cleanup campaign is over) send
letter to Chula Vista Sanitary Service for their support and
cooperation.
c. Councilwoman McCandliss reported MTDB has sent out RFPs for
construction of a kiosk at the "H" Street trolley station.
However, there is still a problem with providing/maintaining
bathrooms late at night at the station.
d. Concrete and landscaping at the "E" Street trolley station
should be completed by the City's anniversary (October 17).
e. Councilwoman McCandliss requested a status report from the
Otay Mesa Committee (i.e. proposed racetrack, increased
traffic generated due to track, access to the track).
MSUC (McCandliss/Cox) refer this to staff for a report back on the
progress.
f. Mayor Cox stated he will meet with various State and City
officials to form an action group relative to development of
the State Route 125 connector.
g. Councilman Malcolm remarked Dr. Atkinson of UCSD supports
EastLake's donation of land for a university extension in
South Bay and suggesEed other Mayors be urged to send letters
to President Gardner (UCSD) in support of this endeavor.
MINUTES - 17 - July 15, 1986
MSUC (Cox/Malcolm) have staff prepare a resolution for this City
Council in support of a university extension (in the South Bay).
h. MSUC (Malcolm/Cox) support Legislative Report with a nightgram
to be sent to the Governor (to veto) the Firefighters' cancer
bill (AB 561).
i. Mayor Cox complimented Assistant to the City Manager Morris on
preparation of legislative reports.
j. Councilman Malcolm discussed Mr. Raso's recent correspondence
regarding City financial assistance for residential
construction.
k . Councilman Moore suggested the City Manager appoint a staff
liaison to coordinate "E" Street/I-805 improvements with MTDB.
1. Design of the City flag for the 75th anniversary is
forthcoming.
m. Tickets for the 75th Anniversary picnic on August 10 are
available in the City Clerk's office--Adults: $4; Children
(under 12 yrs. ): $2.
ADJOURNMENT AT 9:30 p.m. to the meeting of Tuesday, July 22, 1986
at 7 p.m.
asz, Adele A. Sa'~mie~nto
City Clerk Deputy City Clerk
0831C/as
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING
CITY OF CHULA VISTA )
I, Adele A. Sarmiento, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting Deputy City Clerk
of the City Council of the City of Chula Vista.
That the reqular meeting of the City Council of the
City of Chula Vista was held Tuesday, July
and said meeting was adjourned to the time and place specified in
the Order of Adjournment ATTACHED HERETO:
That on Wednesday, July 16, 1986, at the hour of 3
I posted a copy of said order at a conspicuous place on or near the
door of the place at which said meeting of July 15, 1986,
was held.
/
Adele A. Sarmiento
Deputy City Clerk
Subscribed and sworn to before me this
~ day of
19, ,/.~.
Notary Public in and fdr~nty
and State of Califor~a'
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday, Julv 15, 1986
The City Council met in the Council Chamber of the Public Services
Building, 276 Fourth Avenue on the above date at 7 p.m. with
the following:
Councilmen Present: Campbell, McCandliss, Cox, Malcolm, Moore
Councilmen Absent: None
ADJOURNMENT
The Mayor adjourned the meeting until ThursdaV, JulV 17, 1986,
following the Redevelopment Agency meeting scheduled to b.egin
at 4 p.m. in the Council ~aa~exa~Conference Room, City Hall~
R~x~e~eax~i~ 276 Fourth Avenue, Chula Vista, California.
I, Adele A. Sarmiento, Deputy City Clerk of the City of Chula Vista,
DO HEREBY CERTIFY that this is a full, true and correct copy of an
order by the City Council at the meeting of JulV 15, 1986
Adele A. Sarmiento
Deputy City Clerk
City of Chula Vista, California