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HomeMy WebLinkAboutcc min 1986/07/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA \ \ 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