HomeMy WebLinkAboutcc min 1986/09/23Tuesday, September 23, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox (arrived late) Councilmembers
Malcolm, Moore, Campbell, McCandliss
ME~BERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Gill
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES for the meetings of September 10 and 16,
1986.
MSUC (£4oore/Campbell) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
ao PROCLAMATION PROCLAIMING OCTOBER 3 AND 4 AS "LION'S WHITE
CANE DAYS
The Proclamation was presented to Russ Okerwall, White Cane
and Sight Conservation Chairman of District 4-L6 Lions Club.
b. OATH OF OFFICE - City Clerk Fulasz administered the Oath of
Office to Stephen Cameron, newly appointed Commissioner of the
Resource Conservation Commission.
c. NAVY HOUSING - Commander Gene Talmadge, Assistant Director of
Navy Facilities Engineering Command, U.S. Navy Branch Office,
San Diego, presented the Council with an update on the
development of the Navy Housing off Telegraph Canyon Road.
Bids closed in August and on September 19, the Navy awarded
the bid to San Diego Diversified Builders, Inc. (Corky
McMillin) in the amount of 911,533,000. This does not include
landscaping or the widening of Telegraph Canyon Road which
will be separate items awarded at a later date.
Commander Talmadge showed renderings of the exterior of the
structures noting that each building will comprise 6 units.
He stated he would like to have a follow-up meeting with the
Task Force within the next 1 or 2 weeks.
Minutes - 2 - September 23, 1986
In answer to Councilmarl Moore's question, Commander Talrnadge
said the Navy would welcome having the City's inspectors work
along with the Navy inspectors.
Mayor pro Tempore McCandliss asked that the staff work with
the Navy to set up this meeting and to keep the City Council
advised.
3. ~ITTE~ COMMUNICATIONS
a. CLAIMS AGAINST THE CITY Guadalupe G. Ortiz, c/o Anthony F.
Mournian, Attorney, 3973 Eighth Avenue, San Diego, 92103
The claim was filed in the amount of $101,000 alleging
assault, battery, abuse, handcuffing and berating in
claimant's home by a "bounty hunter" with the assistance and
physical participation of a member of the Chula Vista Police
Department.
MSUC (Malcolm/Campbell) to deny the claim.
b. REQUEST FOR THE CITY TO JOIN THE "WE-TIP" PROGRAM - Miriam
Eckert, Co-Founder, We-Tip, Inc., P.O. Box 740, Ontario, CA
91762-8740
The request was for the City to join the "We Tip" program at a
cost of approximately 4~ per person per year. Staff reviewed
this program in the past and feels other local programs (such
as Crime Stoppers) are more effective for Chula Vista.
MSUC (Malcolm/Campbell) to acknowledge the request but not to
provide the requested funding.
c. RESIGNATION FROM INTERNATIONAL FRIENDSHIP COMMISSION David
M. Ferguson,
Mr. Ferguson submitted his resignation due to added job
responsibilities and timing and frequency of Committee
meetings.
MSUC (Malcolm/Campbell) to accept the resignation with regret and
a letter of appreciation be sent to Mr. Ferguson.
d. REQUEST FOR BANNER ACROSS THIRD AVENUE AT "F" STREET "OCTOBER
17-24, 1986 - PEACE WEEKw - Baha'is of Chula Vista, Mariel
Taraz, Secretary, P.O. Box 287, Chula Vista, CA 92012
Minutes - 3 - September 23, 1986
It was the recommendation of the City Manager that this
request for a banner across Third Avenue at "F" Street be
referred to the Downtown Committee for response. He stated it
was likely this request could not be accommodated in light of
other activities occurring at the same time (75th Anniversary
Celebration and Founders Day. )
Anna Loftin, 958 Wild Oak Road, Chula Vista 92010,
representing Baha'i Faith, asked what direction Baha'is should
now be on this item.
Mayor pro Tempore McCandliss explained that staff will contact
the Downtown Committee and they will be notified as to the
time and place the Committee will consider this item.
MSUC (Malcolm/Moore) to refer this item to the Downtown Committee.
CONSENT CALENDAR (4 -23)
Items pulled: 6, 10, 13, 18, 19, 20, 22, 23, and 24.
MSUC (Malcolm/Campbell) to approve the Consent Calendar.
4. RESOLUTION 12736 ENTERING SAN DIEGO POOLED INSURANCE
PROGRAM AUTHORITY (SANDPIPA (Acting
The City of ~.~,~la Vista ~s bee~ participating in a risk pooling
arrangei~ent through a captive insurance company since April 2,
1986.
On April 2, 1986, the City Council adopted Resolution 12424,
approving an amendment to the San Diego County Cities Risk
Management Authority (SDCCRMA) Agreement to allow the City to
enter into a general liability risk pooling arrangement with six
other member cities. The purpose of the program is to provide a
method of pooled self-insurance as an alternative to the
traditional purchase of insurance in a market where such coverage
is either too expensive or nonexistent.
The resolution establishes a new and separate Joint Powers
Authority (JPA) called SANDPIPA (San Diego Pooled Insurance
Protection Authority) for cities to participate in a pooled
liability insurance program. The program was originally conceived
as one which would fall under the existing SDCCRMA; however, the
legal staff of the cities involved expressed their desire to have
a separate JPA established for just the pooled liability program.
5. RESOLUTION 12737 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND R. W. BECK & ASSOCIATES
FOR APPRAISAL OF STREET LIGHTS (Director
of Public Works/City Engineer)
Minutes - 4 September 23, 1986
The City Council authorized $19,000 in the FY 1985-86 and the
1986-87 budget for the appraisal of the approximately 1,650 street
lights owned by San Diego Gas & Electric ~SDG&E) located within
the City. This appraisal is the first step the City will be
taking to acquire these street lights from SDG&E.
Three firms responded to a Request for Proposal (RFP) to perform
an appraisal of the street lighting property owned by SDG&E. The
project will be completed within an estimated four months.
The recommendation was that Council adopt the resolution approving
the agreement with R. W. Beck and Associates for appraisal
services in the amount of $18,000.
6. RESOLUTION APPROVING CLOSING "E" STREET NEAR I-5
FREEWAY, MTDB BAYFRONT TROLLEY STATION
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
7. RESOLUTION 12738 APPROVING AGREEMENT WITH NATIONAL CITY FOR
USE OF CHULA VISTA ANIMAL SHELTER SERVICES
(Director of Public Safety)
The agreement with National City to provide Chula Vista Animal
Shelter services expired on June 30, 1986. Since any increase in
charges for these services was to be based upon salary increases
approved for shelter employees, renewal of the agreement for
another year was delayed pending salary negotiations. Services
were provided in the interim, subject to the renegotiated fee
schedule.
It was proposed that the present monthly fee of $1,634. 29 be
increased by 6% which will amount to a monthly increase of
$98.06. This will result in a new monthly fee of ~1,732.35,
retroactive to July 1, 1986.
The contract provides a base revenue to the City of $20,788.20 for
the fiscal year, plus the 1% charge against the amount billed to
National City.
8a. RESOLUTION 12739 APPROVING AMENDMENT TO AGREEMENT WITH THE
CITY OF NATIONAL CITY FOR FIRE DISPATCHING
SERVICES (Director of Public Safety)
b. RESOLUTION 12740 APPROVING AMENDMENT TO AGREEMENT WITH THE
CITY OF IMPERIAL BEACH FOR FIRE
DISPATCHING SERVICES
Minutes - 5 - September 23, 1986
Now that the Chula Vista employees' salaries have been established
for fiscal year 1986/87, resolutions can be adopted to reflect the
revised annual fees for those agencies that are receiving fire
dispatch services.
During this fiscal year, the annual cost to operate the fire
dispatch portion of our Communications Center is $132,266. The
actual cost for each agency is based on the percentate of total
calls that are dispatched for that agency applied to the annual
cost as follows:
Percentage Annual Cost Proposed
of Calls for Fire Annual
Dispatched Dispatching Fee
Chula Vista 50.0% $132,266 N/A
National City 30.7% 132,266 $ 40,606
Imperial Beach 14.6% 132,266 19,311
Bonita 4.7% 132,266 6,217(a)
(a) The $6,217 charge to the Bonita/Sunnyside Fire District is not
applicable for billing because of the five year agreement which
includes the provision of cost-free fire dispatching. Total
revenue received by the City will be $59,917.
9a. RESOLUTION 12741 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET
PURPOSES AND HIGHWAY PURPOSES LOCATED IN
PALM AVENUE SOUTH OF OTAY VALLEY ROAD
(Director of Public Works/City Engineer)
b. RESOLUTION 12742 ACCEPTING GRANT OF EASEMENT FROM JOANN
PHILLIPS, JOHN P. IMPSON AND TERESA IMPSON
FOR STREET TREE PURPOSES ALONG PALM AVENUE
SOUTH OF OTAY VALLEY ROAD
On December 27, 1985, Tentative Parcel Map No. 18495 was
conditionally approved by the Department of Planning and Land Use~
County of San Diego. Among the conditions of approval was the
requirement that the owner offer to dedicate the right-of-way
necessary to construct a residential collector street according to
City standards. Section 18.32.110 of the Chula Vista Municipal
Code also requires the subdivider to grant a street tree planting
easement. These grants of easements are now before the City
Council for approval.
The subject property is in the incorporated Montgomery Annexation
area. Tentative Parcel Map No. 18495 was reviewed by the County
of San Diego prior to annexation. The City now administers the
conditions of approval of the Tentative Parcel Map.
~4inutes - 6 - September 23, 1986
10. RESOLUTION OPPOSING PROPOSED METROPOLITAN TRANSIT
DEVELOPMENT BOARD ( MTDB ) FARE INCREASE FOR
SENIORS AND DISABLED PERSONS ON LOCAL
CATEGORY SYSTEMS IN THE MTDB SERVICE AREA
(CHULA VISTA TRANSIT, NATIONAL CITY
TRANSIT, AND COUNTY TRANSIT SUBURBAN)
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
11 o RESOLUTION 12743 ACCEPTING A 2 FOOT DEDICATION FOR STREET
RIGHT-OF-WAY AND A 5.5 PLANTING STRIP
FRONTING THE PROPERTY AT 325-345 "K"
STREET (Director of Public ~orks/city
Engineer)
"K" Street is designated as a collector street in the City's
General Plan. This standard calls for a right-of-way width of 84
feet. The current half-~idth along the frontage of the subject
property is 40 feet. To accommodate this design, the City has
required the owners of this property to dedicate a 2 foot wide
strip of right-of-way along their frontage on "K" Street.
In addition, a 5.5 foot strip adjacent to and northerly of the
above required 2 foot strip was required for street tree planting
and maintenance purposes.
Recently, Mr. Alkiviadis Vassiliadis submitted an application for
a building permit on the subject property.
Section 12.24.010 of the City Code provides that the owners of the
property being developed are required to dedicate the necessary
right-of-way. The documents granting these easements have been
executed by the owner and submitted to the Engineering
Department. They have been found to be satisfactory and are now
ready for acceptance by Council.
12. RESOLUTION 12744 EXTENSION OF CONTRACT TIME FOR 5 M.G.
STEEL RESERVOIR FOR OTAY WATER DISTRICT,
EASTLAKE ASS E SSMENT D I STRICT 85- 2
(Director Of Public Works/City Engineer)
Trusco Tank Company was awarded the contract for the construction
of 5 M.G. Steel Reservoir for Otay Water District to serve
EastLake Residential and Business Area. The contract was awarded
by Resolution 12292 (dated January 13, 1985) . Trusco has
requested an extension of contract time of 44 calendar days (to
November 6, 1986) to complete their work.
Minutes - 7 - September 23, 1986
Staff has reviewed the request by Trusco Tank Co. with Otay Water
District and state the request is appropriate and justified due to
inclement weather during the month of March and also delays caused
by the Water District's consultant in reviewing shop drawings
submitted by Trusco.
13. RESOLUTION ADOPTING A GRADING DEVIATION POLICY
OPEN SPACE AREAS, INITIATING THE PROCESS
TO RELEASE THE CITY'S INTEREST IN OPEN
SPACE PROPERTIES, AND ESTABLISHING THE
PROCEDURES REQUIRED TO RETAIN A LAND
APPRAISER (Continued from 9/16/86)
(Director of Parks & Recreation)
Pulled from Consent Calendar.
14. RESOLUTION 12745 REJECTING BIDS FOR "CONSTRUCTION OF
LIBRARY WATER FEATURE IN THE CITY OF CHULA
VISTA, CALIFORNIA" (Director of Planning)
The work includes excavation and grading, construction of
equipment vault, water feature, concrete paving, plumbing,
electrical work, planting shrub areas, resodding of lawn areas and
installation of irrigation system. This is the third time that
the City has bid this particular project. The amount budgeted at
that time was ~56,340 and the City's estimate was 956,500.
Staff believes the bidding prices for this project far exceed what
should have been expected for the scope of work outlined on the
plans.
Bids were received from three contractors as follows:
1. Alex McLintock, Inc. National City $107,288.00
2. Dyno Construction, Inc. - San Diego 117,200.00
3. Live Water Systems, Inc. San Diego 123,888.00
In light of the discrepancy between the engineer's estimate and
bids submitted, the recommendation was to reject all bids.
Previous Council action referred the pursuit of additional options
for the project to the Library Board of Trustees.
15. RESOLUTION 12746 APPROPRIATING $55,000 TO PAY FOR
CONTRACTUAL SERVICES FOR TRANSPORTING OF
CONTAMINATED SOIL AND WAIVING THE FORMAL
BIDDING PROCESS (Deputy City Manager)
Because the underground fuel storage tank at Fire Station #4 was
losing fuel, the tank was tested in February 1986 and found to be
leaking. State regulations adopted in August 1985 governing
Minutes - 8 - September 23, 1986
underground storage tanks require that if an "unauthorized
release" occurs, the City must immediately notify the County
Health Department, Hazardous Materials Management Unit (HMMU)
regarding the incident and submit an action plan for resolution of
the problem.
Staff recommended that Council:
a) Appropriate ~55,000 to cover the cost to remove and dispose of
200 cubic yards of contaminated soil;
O) ~aive the formal bid process as permitted under Municipal Code
Section 2.56.170; and
c) Support AB 853 and for~ard a mailgram to the Governor to that
effect.
16a .RESOLUTION 12747 CORRECTING ERRORS IN ~ERS CONTRACT FOR
PERIOD OF SEPTEMBER 28, 1984 THRU JUNE 30,
1985 (Assistant City Manager)
b .RESOLUTION 12748 CORRECTING ERROR IN PERS CONTRACT FOR
PERIOD FROM AND AFTER JULY 1, 1985
When the City's contract with the Public Employees Retirement
System (~ERS) was amended late in 1984 to provide the 2% at 50
retirement plan for safety members, the amendment failed to
provide for "employee sharing" of the City's total retirement cost
in excess of the negotiated cap of 25.89% employer. rate. To
correct the error two separate resolutions are required, which
will accomplish the following:
1. The first resolution will retroactively establish the City's
right to charge public safety employees .341% of the City's
retirement rate from October 1, 1984 through June 30, 1985.
That rate (.431%) times the employee's total salary from
October 1, 1984 through June 30, 1985 represents the total
dollars the City's retirement rate exceeded the 25.89% MOU cap
provided in the agreements. The total sum paid by the
employe~s will be credited to the employee ' s account rather
than the employer's account, and carries out the intent of the
MOU ' s.
2. The second resolution again amends the PERS contract effective
July 1, 1985 by eliminating any "~mployee sharing"
responsibility entirely.
17. ORDINANCE 2167 AMENDING ORDINANCE NUMBER 1427 REGARDING
THE SAN DIEGO GAS & ELECTRIC COMPANY
FRANCHISE BY REPEALING SECTION 9(b) AND
SUBSTITUTING OTHER CONSIDERATIONS - SECOND
READING AND ADOPTION (City Manager)
Minutes - 9 - September 23, 1986
In 1972, the City of Chula Vista entered into two franchise
agreements with SDG&E, one for distributing electricity and the
other for distributing gas.
These agreements are for 25 years, with an electric franchise fee
of 1.1% of gross annual receipts and the gas franchise fee at 2%
of 'gross annual receipts. In addition, the electric franchise
provides for the undergrounding of utilities. A complex formula
is included in Section 9 (B) in which the allocation grows over a
period of years to 4.5% of gross receipts.
The MOU and Ordinance delineate a number of modifications to the
franchise.
18. ORDINANCE 2168 AMENDING SECTIONS 19.85.01, 19.86.04,
19.86.07, 19.87.04, 19.87.08, 19.88.04,
19.88.05, 19.88.06, 19.88.59, 19.89.06,
19.89.09, 19.90.01, 19.90.03, 19.92.02,
19.92.04, AND 19.92.05 OF THE MUNICIPAL
CODE AMENDING THE CHULA VISTA BAYFRONT
SPECIFIC PLAN - SECOND READING AND ADOPTION
Pulled from Consent Calendar.
19. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT
NO. 15, BONITA HACIENDAS (Director of
Public Works/City Engineer)
RESOLUTION ACCEPTING PRELIMINARY REPORT AND DECLARING
INTENTION TO FORM OPEN SPACE MAINTENANCE
DISTRICT NO. 15 BONITA HACIENDAS
Pulled from Consent Calendar.
20. REPORT ON REQUEST FOR GRIEVANCE HEARING (Acting
Director of Personnel)
Pulled from Consent Calendar.
21. REPORT ON PLANNING AND REVITALIZATION WEST
FAIRFIELD (Director of Planning)
The City Council, at its regular meeting of April 15, 1986,
instructed staff to investigate the possibility of creating a
redevelopment project area in the territory situated westerly of
I-5 and southerly of Palomar Street.
The recommendation was that Council accept this report and
initiate the process under which West Fairfield would be
designated a "Redevelopment Survey Area."
Minutes - 10 - September 23, 1986
Staff indicated that while Council has agreed to not officially
designate a redevelopment area within Montgomery for a period of
four years from the date of annexation on December 31, 1985, a
great deal of preliminary work can and should be initiated, and
redevelopment will probably be essential to the revitalization of
West Fairfield.
22. REPORT REMOVAL OF PARKING ON "F" STREET NEAR 5TH
AVENUE (Director of Public Works/City
Engineer)
Pulled from Consent Calendar.
23. REPORT REVIEW OF SHOULDER PATCHES ON POLICE
UNIFORMS (Deputy City Manager)
Pulled from Consent Calendar.
24. REPORT IMPARTIAL ANALYSIS ON RENT CONTROL
INITIATIVE (City Attorney)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
25. PUBLIC HEARING PC-87-2 - TO CONSIDER AN AMENDMENT TO THE
MUNICIPAL CODE TO INCLUDE RV STORAGE AS
UNCLASSIFIED USE (Director of Planning)
ORDINANCE 2169 AMENDING SECTION 19.54.020Q AND ADDING
SECTION 19.58.400 TO THE CHULA VISTA
MUNICIPAL CODE TO INCLUDE RECREATIONAL
VEHICLE STORAGE AS AN UNCLASSIFIED SOURCE
FIRST READING
This being the time and place as advertised, Mayor pro Tempore
McCandliss declared the public hearing open.
Director of Planning Krempl stated that on June 11, 1986, the.
Planning Commission voted unanimously to initiate a zoning text
amendment to include recreational vehicle (RV) storage as an
unclassified use. The request was initiated privately in order to
benefit a specific site, but the amendment would apply City-wide
with the exception of the Montgomery annexation area which has a
specific plan under study.
An Initial Study, IS-87-2, of possible adverse environmental
impacts of the projec~ was conducted. The Environmental Review
Coordinator concluded that there would be no significant
environmental effects and recommended the Negative Declaration be
adopted.
Minutes - 11 - September 23, 1986
On August 27, 1986, the Planning Commission, in accordance with
Resolution PCA-87-2, recommended Council enact an ordinance
amending Title 19 of the Municipal Code. Staff concurs with this
recommendation.
Director Krempl added that this amendment woulj be considered by
the Planning Commission and would have it~ final decision there
unless appealed to the City Council.
There being no public testimony either for or against, the hearing
was closed,
Councilman Malcolm questioned whether the Design Review Committee
should be looking at these plans in order to make sure the areas
are properly screened, landscaped and a zoning wall constructed if
needed.
Director Krempl responded that the Planning Commission added a
condition which covers this concern.
Councilman Moore questioned the storage of non-mobile recreational
vehicles which could include camper shells, tents, and so forth
and suggested a more specific definition be included in the
amendment.
Assistant City Attorney Gill stated the ordinance requires the
applicant to specify what type of equipment will be stored. The
Planning Commission can then approve the permit with conditions as
to the type of equipment to be stored. The ordinance provides a
yearly review of the permit. If equipment is stored which is not
approved by the Planning Commission, the permit can be revoked,
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved with
Councilman Moore voting "no."
24. REPORT IMPARTIAL ANALYSIS ON RENT CONTROL
INITIATIVE (City Attorney)
Mayor pro Tempore McCandliss stated there was a request to move
this item up on the agenda.
At its September 16, 1986 meeting, the City Council directed the
Registrar of Voters to conduct a special mail ballot election on
the initiative proposing rent control in mobilehome parks to be
conducted on December 16, 1986. In addition, the Council
expressed interest in seeing the City Attorney's impartial
analysis which will be included in the voter's pamphlet mailed to
all of the registered voters in connection with this election.
Minutes - 12 September 23, 1986
Assistant City Attorney Gill stated his office has received
telephone calls regarding whether or not the City Council and/or
City Attorney would be submitting an argument for or against the
Initiative. He stated that the law prohibits the Council from
submitting an argument.
In answer to Councilman Malcolm's question, Assistant City
Attorney Gill stated he does not have any problem with the
Attorney's impartial analysis which addresses the validity of the
Initiative.
Mayor pro Tempore McCandliss asked that the last sentence of the
impartial analysis be changed to add the words "to have the court
rule on the validity of the Initiative..."
Pat Kelly, 1425 Second Avenue #342, Chula Vista 92011, expressed
her opposition regarding the Attorney's impartial analysis given
his opinion as to the validity of the law.
Rev. Bob Flaugher, 1100 Industrial Blvd., Chula Vista, agreed the
City Attorney should not be making any such statements - it should
be up to the court to decide whether or not the Initiative is
valid. He asked that the Council delete this statement from the
impartial analysis.
MSUC (McCandliss/Malcolm) to accept the impartial analysis with
the following amendments:
1. Under the next to the last sentence where it reads "therefore
under existing law..." should be changed to "in the opinion
of the City Attorney, under the existing law..."
2. Where the analysis reads "to have the court rule on the
Initiative..." should state "to have the court rule on the
validity of the Initiative..."
(Mayor Cox arrived at this time - 7:50 p.m.)
26. ORAL COMMUNICATIONS None.
PULLED ITEMS
6. RESOLUTION 12749 APPROVING CLOSING "E" STREET NEAR I-5
FREEWAY, MTDB BAYFRONT TROLLEY STATION
(Director of Public Works/City Engineer)
MTDB will be adjusting the railroad tracks and reconstructing the
crossing at the Bayfront Trolley Station. It is their intention
to perform this work prior to the scheduled opening ceremony on
Minutes - 13 September 23, 1986
October 17, 1986. They have requested that the City authorize the
closing of "E" Street during two weekend periods in order to
perform the required work during the following times: from 10:00
p.m. on Friday, September 26, 1986, to 5:00 a.m. on ~onday,
September 29, 1986, and again from Friday, 10:00 p.m. on October
3, 1986, to 5:00 p.m. on Monday, October 6, 1986.
Thomas Killens, representing the I4etropolitan Transit Board,
stated that they will need only one weekend for the work and will
be finishing approximately at noon on Sunday. The reason for the
entire closure is because the tracks have to be raised 1-1/4
inches.
William Gardner, 8840 Complex Drive, San Diego 92123,
representing McDonalds, questioned having access to the restaurant
and suggested a temporary sign be put up. Mayor Cox agreed asking
staff to put up a temporary sign listing all th~ businesses in the
area affected by the closure should be put up.
Mr. Kirk Kryger, 2842 Waller Street, San Diego, representing
Wendy's restaurant, declared the closure of the street would
dramatically affect their business.
MSUC (Malcolm/McCandliss) to modify the resolution to state that
the closure would appear on the dates of September 26 through
September 29, 1986.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
10. RESOLUTION 12750 OPPOSING PROPOSED METROPOLITAN TRANSIT
DEVELOPMENT BOARD (MTDB) FARE INCREASE FOR
SENIORS AND DISABLED PERSONS ON LOCAL
CATEGORY SYSTEMS IN THE MTDB SERVICE AREA
(CHULA VISTA TRANSIT, NATIONAL CITY
TRANSIT, AND COUNTY TRANSIT SUBURBAN)
(Director of Public Works/City Engineer)
At its meeting on September 11, 1986, the MTD Board of Directors
approved for a public hearing and Board action on September 25,
1986, modifications to the existing regional fare structure which
would be implemented on January 1, 1987. Under the MTDB proposal,
although the existing base fare of 75~ on Local systems in the
MTDB area would remain unchanged, senior and disabled fares would
increase from 40~ to 50~ on all systems. The Transit Coordinator
believes it inappropriate to raise one reduced fare category on
CVT until the base fare for Local systems is modified.
The recommendation was that Council:
1. Oppose MTDB'S proposed fare increase for seniors and disabled
persons on Local category systems, including CVT;
Minutes 14 - September 23, 1986
2. Recommend to the MTD Board that either:
a. the senior/disabled fare remain at 40~ for all systems in
the MTDB area, including Local, Urban, Metro/Express and
trolley service categories, or
b. the senior/disabled fare remain at 40~ for the Local
services, and increase to 50~ on the remaining service
categories in the MTDB area,
Councilwoman McCandliss stated she would like some further
direction from the City Council because the MTDB will be
considering this item on Thursday. In previous discussions, the
Executive Board expressed the need for uniformity throughout a
regional transit system noting to single out one category would be
confusing. At the meeting on Thursday, MTDB will also be
discussing a reduction in the student fares.
Councilman Malcolm expressed his opposition to the resolution,
indicating that a 10 cent increase in fare would not bankrupt the
system or the riders.
RESOLUTION OFFERED BY, the reading of the text was waived by
unanimous consent, passed and approved with Councilman Malcolm
voting "no,"
13. RESOLUTION 12751 ADOPTING A GRADING DEVIATION POLICY IN
OPEN SPACE AREAS, INITIATING THE PROCESS
TO RELEASE THE CITY'S INTEREST IN OPEN
SPACE PROPERTIES, AND ESTABLISHING THE
PROCEDURES REQUIRED TO RETAIN A LAND
APPRAISER (Continued from 9/16/86)
(Director of Parks & RecreatiOn)
At a public hearing on September 16, 1986, upon consideration of
an Open Space Land Sale Policy, Council directed staff to bring
back a revised policy on September 23, 1986 for final
consideration.
The recommendation was that Council:
1. Accept the Grading Deviation Policy in Open Space Areas.
2. initiate the process to release the City's interest in open
space properties fitting the criteria listed in the policy
statement.
3. Adopt a resolution to include the following:
a) Relinquishment of the City's interest for a price to be
determined by an appraiser.
Minutes - 15 September 23, 1986
b) The property owner shall have proper legal descriptions
prepared to submit to the City for approval.
Councilman Malcolm questioned staff as to how the Taylor's were
able to get a building permit for their swimming pool in the open
space area. He added that the City Council holds open space areas
in trust for those people and has an obligation to keep it as open
space. Councilman Malcolm indicated that if this was not done,
the homeowners could very well get together and file a lawsuit
against the City since he is not sure what the Council is doing
now is legal.
Assistant City Attorney Gill stated in his opinion, the policy is
a legal document.
Brian Wilson, 917 Buckaroo, Bonita 92002 and C. M. Couch, 906
Buckaroo, Bonita 92002, spoke against the policy stating a number
of people were not called to sign the petition; people have been
encroaching onto the open space areas for some time; people ride
horses and children play in the green area; it is not a grading
deviation policy it is a smoke screen; asked that Council call
the policy exactly what it is: "selling open space to a select
few people."
Council discussion followed regarding the intent of the Council
not to have this as a precedent-setting policy; it is not intended
to be a smoke screen; obtaining a vote of the people in the area
(50% + 1); certain wordings of the policy such as "must be
compatible with open space" which should be more definitive;
limiting items which can be constructed in the open spaces such as
turfs, shrubs, no structures; some of the homeowners take care of
their open spaces in front or in back of their properties by
planting seeds and plants so as they will not be embarrassed by
the looks of the area; however, they are in violation if they do
this; no objections to changing the policy to require 2/3rds vote
of the people in the open space areas.
MSUC (Malcolm/Cox) under IV-F regarding the definition of
compatibility of open space - staff is directed to insert the
wording to definitely define what is compatible !~ith open space.
MSUC (McCandliss/Moore) under V-B to amend the statement to state
it should be a 2/3rds vote on the petition.
MSUC (Cox/Moore) under IV-F to specify that nothing in this policy
should allow the property owners to subdivide this property as a
result of the acquisition of additional property.
MSUC (McCandliss/Moore) under V-B and IV-A that the City staff
prepare the petition which will require 2/3rds vote.
Minutes - 16 - September 23, 1986
MSUC (Malcolm/Campbell) for the City Clerk to conduct a mail
ballot requiring a 50% + 1 majority vote (and for the home owners
to deposit the necessary fees). It was noted that this motion
changes all previous motions requiring the 2/3rds vote.
In arlswer to Council's questions, Director of Parks & Recreation
Manuel Mollinedo stated the cost of a mail ballot would be
approximately 978.00.
Councilman Moore stated it should be one vote per one household.
Councilman Campbell stated he will be voting against the policy
because the fundamental underlying cause is something he cannot
support.
Councilman Malcolm clarified that the intent of the motion is for
50% + 1 of the homeowners and not for the votes cast.
Councilwoman McCandliss asked that the Council be notified of the
response of the ballots coming in.
In answer to Councilman Malcolm's question, City Manager Goss
stated staff is aware of the contractor informing the Taylors they
did not need a permit to install the swimming pool. Staff will be
preparing a letter which will be sent to the State regarding this
co~tractor's license.
MSUC (Cox/Moore) to direct staff to contact those parties who may
have a reversionary interest in the open space districts and
request quit-claim deeds of their reversionary interest to the
City of Chula Vista.
18. ORDINANCE 2168 AMENDING SECTIONS 19.85.01, 19.86.04,
19.86.07, 19.87.04, 19.87.08, 19.88.04,
19.88.05, 19.88.06, 19.88.59, 19.89.06,
19.89.09, 19.90.01, 19.90.03, 19.92.02,
19.92.04, AND 19.92.05 OF THE MUNICIPAL
CODE AMENDING THE CHULA VISTA BAYFRONT
SPECIFIC PLAN - SECOND READING AND ADOPTION
The Ordinance which had its First Reading on September 18 amends
the Chula Vista Bayfront Specific Plan.
Councilman Malcolm expressed his opposition to the ordinance
stating that his dream is to have the Bayfront developed with a
"Seaport Village", a promenade and a Marina - something people can
take their children down to and be very proud of. At the present
time, the only development scheduled are condominiums, an
industrial park, one restaurant and one very small 4-acre retail
project. The Sierra Club has stated that under no circumstances
can the Council mitigate the environmental concerns on Gunpowder
Point and this lawsuit will not be settled in the near future.
Minutes 17 - September 23, 1986
Councilman Malcolm recommended allowing a moratorium on any
development on the Bayfront until such time as the Council is
aware of what can be developed there.
Mayor Cox stated the Council is committed to get the very best
plao approved for the Bayfront. It is unfortunate the Sierra Club
is opposing the plan which was approved by the Coastal
Commission. The City has spent over 9100,000 for special counsel
and it will take 3 to 5 years to settle a lawsuit, but the City
will win. He noted the staging of developments on the Bayfront
and said he is convinced the City can get a quality hotel on
Gunpowder Point.
Council discussion followed regarding the Disposal and Dispersal
Agreement (DDA); the Council's concerns will be addressed during
phases of the deQelopments; Gunpowder Point is a unique site - it
is a jewel of the City; if the Council gives in on Gunpowder
Point, they will get a second class development there; not aware
that warehouses were permitted to be constructed on the Bayfront;
large hotel chains such as the Sheraton and Hyatt looked over the
area on Gunpowder Point and stated they would not develop there
because there is no water access; Fish and Game has never done a
study of the Bayfront.
MSC (Cox/McCandliss) to place the ordinance on Second Reading and
adoption. Councilman Malcolm voted "no."
Mayor Cox left the meeting at this time 9:30 p.m. Mayor pro
Tempore McCandliss presided over the rest of the meeting.
Councilman Malcolm left the dais at 9:30 p.m.
19. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT
NO. 15, BONITA HACIENDAS (Director of
Public Works/City Engineer)
RESOLUTION 12752 ACCEPTING PRELIMINARY REPORT AND DECLARING
INTENTION TO FORM OPEN SPACE MAINTENANCE
DISTRICT NO. 15 - BONITA HACIENDAS
The report provided the necessary background information to enable
the City Council to initiate formation of an open space
maintenance district within Bonita Haciendas Subdivision.
Specific issues examined in the report were the requirements for
the proposed district and conformance by the petitioner with the
criteria contained in the Municipal Code for establishing open
space maintenance districts.
The recommendation was that the City Council:
1. Adopt a resolution declaring the Council's intention to form
the proposed district in accordance with Section 17.08.160 of
the Municipal Code.
Minutes - 18 September 23, 1986
2. set October 14, 1986, at 7:00 p.m. in the Council Chambers as
the date and time for a public hearing to consider the
proposed formation of Open Space Maintenance District No. 15.
Mayor pro Tempore McCandliss questioned the staff as to the
maintenance of the open space area "C" - designated as a mini-park
- whether there is a protection in the policy that this areas will
be maintained in accordance with City standards.
Director of Public Works/City Engineer Lippitt stated the
homeowners would be maintaining all open space areas. Lots A, B,
and D are continuous; however, lot C is to be used as a mini-park
and should not be classified as City open space it will be a
private park for just the people in the area.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved with Mayor
Cox and Councilman Malcolm out.
20. REPORT ON REQUEST FOR GRIEVANCE HEARING (Acting
Director of Personnel)
Fire Captain James Dyar and Fire Inspector John T. Koeper have
filed similar grievances regarding the payment of standby pay in
Fire Prevention, and these two grievances [~ave been handled
jointly during the review process. The grievances have proceeded
through the various steps of the City's Grievance Procedure, and
the grievants have appealed the decision of the hearing officer
appointed by the City Manager and the former Director of
Personnel. They are appealing the decision to the City Council,
which can either hear the appeal or refer it to the Civil Service
Commission.
Tne recommendation was that Council refer this grievance to the
Civil Service Commission for a hearing and final decision.
City Manager Goss referred to his administrative level response to
the grievance which was placed on the dais this evening for the
Council. He suggested that Council review this memo and continue
the item to Thursday to take final action on the request.
In answer to Mayor pro Tempore McCandliss' question, City Manage~
Goss stated the employees would be allowed release from their jobs
to attend the meeting.
James Dyert Captain, Fire Department indicated he was not sure he
could respond to the memo in time for Thursday afternoon's meeting
but he would try. (Councilman Malcolm returned to the dais at
this time - 9:42 p.m.)
MSUC (McCandliss/Campbell) to continue this item to the meeting of
Tuesday, October 7 at 4:00 p.m. (Mayor Cox out.j
Minutes 19 - September 23, 1986
22. REPORT REMOVAL OF PARKING ON "F" STREET NEAR 5TH
AVENUE (Director of PuOlic Works/City
Engineer)
The Director of Public Works/City Engineer since 1983, 18
accidents have occurred at the intersection of Fifth Avenue and
"F" Street. Eight of these accidents occurred in 1985 alone. Ten
of the 18 accidents are related to the lack of a left-turn
pocket. ~ith increased traffic in this area, additional accidents
could occur in the future.
Installing a left-turn pocket on "F" Street will help to reduce
the number of rear end accidents. Plans have already been made to
overlay "F" Street. It could easily be restriped with left-turn
pockets with City crews. Seventeen parking spaces would have to
be removed from "F" Street near Fifth Avenue to accommodate the
new turning lanes.
Traffic Engineer Glass showed transparencies of the roadway noting
the parking spaces which will be eliminated and the location of
the left turn lanes.
Mr. Bob Morris, 510 "F" Street, Chula Vista, stated that the 18
accidents which have occurred since 1983 is considered an
average. These accidents occur between 3 to 6 p.m. Monday through
Friday and come from Rohr Industry traffic. Mr. Morris
recommended signs be posted stating: "No Parking Between the Hours
of 3-6 p.m. Monday through Friday Only."
Traffic Engineer Glass stated that if left turn pockets are to be
installed on this segment of "F" Street, then parking should be
restricted at all times.
Councilman Malcolm referred to the concern regarding street
lighting and the City's policy of street lights at all
intersections within 300 feet.
MSUC (Malcolm/Campbell) to direct staff to remove the necessary
parking spaces along "F" Street.
23. REPORT REVIEW OF SHOULDER PATCHES ON POLICE
UNIFORMS (Deputy City Manager)
At its meeting of September 16, Council directed that an item be
docketed on the Council agenda to review the use of the City logo
or seal on police shoulder patches. On August 6, 1985, Council
adopted the new City logo and seal designs as well as a policy on
"City Identification Program: Use of Seal and Logo." Based on
this Council policy, staff had a graphic artist design new
shoulder patches for Police and Community Service Officer uniforms
incorporating the new City logo in gold on a burgundy background.
Minutes - 20 - September 23, 1986
The recommendation was that Council:
1. Authorize staff to retain the overall new design,
incorporating the City logo, for police shoulder patches; and
2. Authorize staff to change the background color used in the new
design from burgundy to blue for all police shoulder patches
ordered in the future for new uniforms.
Mayor pro Tempore McCandliss commented she has been contacted by
at least 2 police officers concerned with these patches. She has
rio problem with using the new logo throughout the City in an
informal manner; however, when it comes to law enforcement
personnel, these patches look unprofessional. The Police
represent the authority in the City and they should have patches
depicting that authority.
In answer to Council's query, Director of Public Safety ~inters
responded he did not poll the officers in the department as to
their preference.
MSC (Campbell/Moore) to let the City Manager decide on the color
and type of patch for the safety officers. Mayor pro Tempore
~cCandliss voted "no."
27. REPORT OF THE CITY MANAGER
a. City Manager Goss stated that the Council received an
informational item concerning the construction of a regional
County facility in the City. He will be reporting further on
this.
b. City Manager Goss reminded Council of the conference on
Thursday at 4 p.m. noting that another A-113 on the Guidelines
of Processing Major Projects has been revised and is before
them this evening.
UNANIMOUS CONSENT
24a.RESOLUTION 12753 APPROVING AGREEMENTS FOR THE DOCKING OF
THE TALL SHIP CALIFORNIAN IN CHULA VISTA
MARINA
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
Minutes 21 - September 23, 1986
28. MAYOR'S REPORT
a. Mayor pro Tempore McCandliss noted the memo from the Mayor
stating the Policy Committee of the National League of
California Cities will be meeting on November 30 at 9 a.m. to
consider resolutions to be offered at the National
conference. They have asked cities to submit any policy
proposals.
29. COUNCIL COMMENTS
a. Councilman Malcolm noted the signalizations are not working on
Third Avenue and "J" Street; Fifth Avenue and "J" Street;
Fifth Avenue and Broadway; Fifth Avenue and "G" Street. He
indicated that the Police officers, during their runs of the
City should be making notes of the signals not operating in
sequence and notify the Traffic Engineer.
ADJOURNMENT AT 10:10 p.m. to the meeting of September 25 at 4 p.m.
and October 7, 1986 at 4 p.m.
0877C