HomeMy WebLinkAboutcc min 1987/01/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, January 27, 1987 Council Chamber
7:00 p.m. Public Services Building
'ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore,
McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
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 January 20, 1987.
MSUC (Moore/McCandliss) 5o approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. STATE OF THE CITY MESSAGE Mayor Cox
Mayor Cox delivered his State of the City address in which he
discussed the City's progress for last year: the anniversary
events, downtown developments, Chula Vista Shopping Center,
economic developments, housing, improved traffic circulation,
social services, the Public Library, Transit, Police and Fire
services, Parks & Recreation activities and goals for future
planning.
Councilmembers congratulated the Mayor on his excellent
message. Councilman Moore noted that the Mayor, being full
time, is bringing great benefits to the City.
Councilman Nader asked that another goal be considered - the
need for a comprehensive growth management plan for the City.
Councilwoman McCandliss commented that the Mayor's speech
shows the diversity of the Council interests in what they have
been involved in this past year.
Do PROCLAIMING THE WEEK OF FEBRUARY 9-13, 1987 AS "BURN A~RENESS
WEEK"
The Proclamation was presented to Fire Prevention Chief Rick
Drew of the Federal Fire Department.
Minutes 2 January 27, 1987
c. OATHS OF OFFICE TO NEWLY-APPOINTED COMMISSIONERS
The City Clerk administered the Oath of Office to the
following:
John Nash - Board of Appeals & Advisors
Donald Swanson Board of Ethics
Harriet Acton - Board of Ethics
Jacqueline Waleski Board of Ethics
Leo J. Kelly Board of Ethics
Paul B. Kincade - Board of Ethics
Jerry W. McNutt - Board of Ethics
CONSENT CALENDAR (3a 11)
Items pulled: 3d, 5a, 5b, 6, 9 and 10
MSUC (McCandliss/Nader) to approve the Consent Calendar.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR WAIVER OF BUSINESS LICENSE FEES - Cliff Ridenour,
ACSW, Program Coordinator, Kinesis S, 365 "E" Street, Suite B,
Chula Vista, 92010
MSUC (HcCandliss/Nader) to waive the fees.
b. REQUEST FOR SUPPORT OF HILLTOP HIGH STUDENTS REPRESENTING
MODEL UNITED NATIONS TEAM AT HAGUE, NETHERLANDS - Jim Davis,
Jon Fleischacker, Richard McAndrew, Jason Slaganick, Michelle
Sanmartin, Hilltop High School, 555 Claire Avenue, Chula
Vista 92010-6197
MSUC (McCandliss/Nader) to send letter of congratulations and
support for being selected to participate in the model United
Nations Conference in the Netherlands.
c. CLAIMS AGAINST THE CITY Stacey Lee Bradley, c/o Darla Rice,
Guardian Ad Litem, c/o 678 Third Avenue, Suite 312, Chula
Vista 92010
MSUC (McCandliss/Nader) to deny the claim.
d. PROPOSAL FROM BUSTOP SHELTERS OF CA, INC. FOR FREE PILOT
PROGRAM FOR THE CITY - (Continued from meeting of January 20,
1987) Jean Claude LeRoyer, President, 18007 Sky Park Circle,
Suite D2, Irvine, CA 92714
Pulled from Consent Calendar.
4. RESOLUTION 1288'7 APPROVING PROPOSED BUDGET AND ACHIEVEMENT
REPORT FOR THE DOWNTOWN IMPROVEMENT
DISTRICT (Director of Finance)
Minutes - 3 - January 27, 1987
The proposed budget for 1987 is $22,552 and the largest
expenditures planned for 1987 are:
1. Advertising $2,000
2. Country Festival 3,000
3. Founder's Day 3,000
4. Downtown Coordinator (salary) 9,600
5. Christmas Parade 1,000
The remaining S3,952 is budgeted for the other promotional events,
insurance, attendance at California Downtown Association Seminars,
and administrative costs.
5a. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 86-2, EASTLAKE I CAMELOT UNIT 1,
APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
AND APPROVING SUPPLEMENTAL IMPROVEMENT
AGREEMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS (Director of
Public Works/City Engineer)
b. RESOLUTION ACCEPTING GRANT OF EASEMENT FROM MCKELLAR
DEVELOPMENT OF LA JOLLA WITHIN EASTLAKE 1,
UNIT 13 (Director of Public Works/City
Engineer)
Pulled from Consent Calendar.
6. RESOLUTION APPROVING ENCROACHMENT PERMIT NO. PE-083
AT 117 EAST OXFORD STREET (Director of
Public Works/City Engineer)
Pulled from Consent Calendar.
7. RESOLUTION 12888 AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE CITY OF NATIONAL CITY FOR THE
SWEETWATER VALLEY TRAFFIC STUDY AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Public Works/City
Engineer)
In 1985, the City Council approved the expenditure of $50,000 in
the FY 1985-86 CIP as the City's share to conduct a traffic study
in the Sweetwater Valley. This study will be a joint effort by
Chula Vista, the City of National City, the County of San Diego,
and CalTrans and will be done through a traffic and transportation
consultant. This agreement specifies the terms and conditions for
the study between Chula Vista, acting as the lead agency, and
National City.
Minutes - 4 - January 27, 1987
The total estimated cost of the study is not to exceed 4100,000
and will be shared by the City of Chula Vista (~50,000), the
County of San Diego (~30,000), and the City of National City
($20,000). The City's share ($50,000) is budgeted in the
FY 1985-86 Capital Improvement Budget.
8. RESOLUTION 12889 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND JACK NAKAWATASE, LANDSCAPE
ARCHITECT OF ONA, INC. FOR PROFESSIONAL
CONSULTANT SERVICES FOR THE MTDB
RIGHT-OF-WAY LANDSCAPE CONCEPT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Planning)
The agreement with Mr. Jack Nakawatase, Landscape Architect of
ONA, Inc., a California Corporation is for professional landscape
architectural services in the preparation of landscape concept
plans for the beautification of the MTDB right-of-way within the
boundaries of the City of Chula Vista.
Budgeted C.I.P. monies total ~178,000 for the MTDB Landscape
Program. The impact of this contract is in the amount of 418,500.
9. ORDINANCE ADDING SECTION 10.52.096 TO THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE
PARKING OF HEAVY DUTY COMMERCIAL OR OTHER
VEHICLES IN RESIDENTIAL DISTRICTS - FIRST
READING (Continued from meeting of January
20, 1987) (Director of Public Works/City
Engineer)
Pulled from Consent Calendar.
10. REPORT POTENTIAL LEGISLATION RELATING TO FIRE
FIGHTER CANCER PRESUMPTION (Deputy City
Manager)
Pulled from Consent Calendar.
11. REPORT PCM -98-12: CONSIDERATION OF PROPOSAL TO
INCREASE THE NUMBER OF RACING PIGEONS
WHICH CAN BE KEPT ON SINGLE FAMILY LOTS
(Planning Director)
Last year, the Council responded to a citizen request by directing
staff to investigate the possibility of increasing the number of
racing pigeons which can be kept on single family lots within the
City. The request was for Council to consider the adoption of
provisions similar to those in place in other jurisdictions within
the region which allow up to 125 racing pigeons on a single lot.
Minutes 5 January 27, 1987
In the Director of Planning's summary, he notes few complaints
have been filed which indicates that odors, noise and droppings
can be a problem in cases involving fewer than 100 birds. The
potential nuisance related to exercise flights could not be
addressed with an increase in lot size or setback standards, and
notice for those that may be affected thereby would not occur via
a conditional use permit procedure.
Since there does not appear to be any compelling reasons to modify
the existing animal regulations, staff recommended no action be
taken on the request.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING CONSIDERATION OF REQUEST FOR WAIVER OF
UNDERGROUNDING A PORTION OF OVERHEAD
TRANSMISSION LINES THROUGH THE PROPERTY AT
345 "K" STREET (Director of Public
Works/City Engineer)
RESOLUTION 12890 APPROVING THE DEFERRAL OF THE
UNDERGROUNDING REQUIREMENT FOR ONE POWER
POLE AND A MINOR LENGTH OF OVERHEAD WIRES
AT 345 "K" STREET AND APPROVING THE
AGREEMENT ~ITH A. VASSILIADIS TO NOT
PROTEST THE FORMATION OF AN UNDERGROUND
DISTRICT
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Public Works/City Engineer explained the applicant
suDmitted plans to develop the property at 345 "Kw Street for a
building permit to construct an apartment complex. In accordance
with the City Code, the owner is required to convert the existing
overhead transmission wires within the limits of the .subject
property to underground.
The owner has applied for a waiver of the undergrounding
requirements stating that the adjacent neighbors to the west
refused to allow San Diego Gas and Electric to set a power pole on
their side of the property line. Both properties are now served
by one pole within the proponent's property. No utility easement
is available in the adjacent property and therefore, this
prevented the owner from completing 100% of the undergrounding.
Staff's recommendation was for Council to grant a deferral rather
than a waiver, and for the applicant (owner) to enter into an
agreement with the City wherein he agrees to waive the right to
protest the formation of any future undergrounding district and to
participate in the district in the event such formation occurs.
Minutes 6 January 27, 1987
There being no public testimony either for or against, the hearing
was closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
'13. PUBLIC HEARING CONSIDERATION OF THE ANNEXATION OF
APPROXIMATELY 111 ACRES LOCATED AT THE
EASTERLY TERMINUS OF EAST NAPLES STREET ,
KNOWN AS THE "TELEGRAPH CANYON SOUTH
REORGANIZATION" (Director of Planning)
RESOLUTION 12891 APPROVING THE PROPOSED "TELEGRAPH CANYON
SOUTH REORGANIZATION"
Councilman Malcolm stated that he has a possible conflict of
interest and will be abstaining from discussion and voting on this
issue. The FPPC has ruled that he "probably" can participate;
however, City Attorney Harron has recommended that until a final
opinion is received, he not participate in the discussion.
Councilman Malcolm left. the dais at this time.
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl referred to his report to the Council
in which he explained an application was filed by the Rancho del
Sur Corporation with the Local Agency Formation Commission in
September 1986 for the detachment of approximately 111 acres from
the unincorporated area of the County and its subsequent
annexation to the City of Chula Vista. The subject territory is a
triangularly-shaped County island located at the easterly terminus
of East Naples and bordered by Telegraph Canyon Road to the north
and the current City boundaries to the south. The proposed
reorganization is within the adopted Sphere-of-Influence of the
City of Chula Vista.
An Initial Study IS-87-19 of the possible adverse environmental
impacts of the project was conducted as part of the prezoning by
the Environmental Review Coordinator on October 24, 1986, who
concluded that there would be no significant environmental
effects. The Council adopted the Negative Declaration on December
2, 1986.
On January 5, 1987, the Local Agency Formation Commission approved
the proposed reorganization (Reference No. CA866) and referred the
matter to the City for its action.
The recommendation was for Council to approve the annexation.
There being no public testimony either for or against, the public
hearing was declared closed.
Minutes 7 January 27, 1987
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved with
Councilman Malcolm abstaining.
In response to Councilman Moore's question, Director of Finance
Christopher explained that the City's share of the 1% property tax
will be approximately 18%; on a city-wide average; however, there
are some areas above and below that because of the different tax
rates areas in the City.
Councilman Malcolm returned to the dais at this time.
14. PUBLIC HEARING CONSIDERING THE REZONE OF A 37-ACRE AREA
KNOWN AS THE LAS FLORES STUDY AREA
(Director of Planning)
ORDINANCE 2189 REZONING THAT AREA KNOWN AS THE LAS FLORES
ZONING STUDY AREA FROM AN R-2 TO AN R-2-P
ZONE - FIRST READING
This being the time and place as .advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl stated in his written report to the
Council that on November 18, 1986, Council considered the Las
Flores Zoning Study for a 37-acre area surrounding Minor Avenue
and Las Flores Drive and unanimously voted to retain the R-2 zone
and to attach the P precise plan modifier to require each
development proposal to be reviewed and approved by the Design
Review Committee. It is staff's intention to defer the
installation of specific development guidelines for the area for a
period of 4 to 6 months. The development guidelines will include
treatment of bulk and scale in duplex developments, private open
space and provision for adequate on-site parking to alleviate the
potential for overcrowded on-street parking which could occur as
development continues.
There being no public testimony either for or against, the hearing
was closed.
MSUC (McCandliss/Moore) to place the ordinance on first reading,
the reading of the text was waived by unanimous consent, passed
and approved unanimously.
15. ORAL COMMUNICATIONS
a. Nadine Patterson, 434 "F" Street, #219, Chula Vista 92010,
reiterated her request for Dial-a-Ride in the City of Chula
Vista, especially for those people who are handicapped and
senior citizens.
Minutes - 8 - January 27, 1987
Councilman Malcolm noted this item had been referred by
Council to staff.
City Manager Goss commented that the Traffic Coordinator, Mr.
Gustafson, will be presenting a report to the Council prior to
budget time.
pULLED ITEMS
d. PROPOSAL FROM BUSTOP SHELTERS OF CA, INC. FOR FREE PILOT
PROGRAM FOR THE CITY - (Continued from meeting of January 20,
1987 ) Jean Claude LeRoyer, President, 18007 Sky Park Circle,
Suite D2, Irvine, CA 92714
This was a continuance of the letter from Bustop Shelters of
California, Inc. from the meeting of January 20. This request
is similar to one presented approximately a year ago through
MTDB which was turned down by the City Council.
Based on past Council action, the City Manager recommended
that the City decline to participate in this advertising
transit shelter program since it is perceived that these
shelters would be incompatible with the City's efforts to
reduce advertising in the public right-of-way. It was noted
that the design of the shelters appears similar to the one
earlier rejected by the Council, and that the basic intent of
the shelters is for advertising, given the name of the
company, which is "Metro Display Advertising, Inc., dba Bustop
shelters of California."
Mr. Robert Tyler, Vice President, Bustop Shelters of
California, Inc., said his firm is offering the City a pilot
program to install shelters throughout the City for a period
of one year. The shelters would have a poster (6'x4') for
advertising purposes. Mr. Tyler showed pictures of the
shelters which he explained were "high tech" and cost $10,000
each.
Mr. Tyler responded to Council's questions stating there will
be no alcohol or tobacco ads advertised; if the Council does
not like the program before the one year period of time, the
company will remove the shelters; the location of the shelters
is negotiable; Council can determine where the shelters should
be placed.
In answer to the Mayor ' s question, City Manager Goss stated
there are presently six shelters in the City.
Councilman Malcolm remarked that the shelters were of a nice
design; however, he felt that putting them throughout the City
would be "going in the wrong direction" since the Council is
trying to improve the visual aesthetics throughout the City;
therefore, he cannot support it.
Minutes - 9 - January 27, 1987
Councilman Moore indicated the Council's position should be to
respond to public needs. If there is a need for more bus
stops, the Council should hear about this. He cannot,
however, support this proposal.
Councilwoman McCandliss stated she agreed, asking for a staff
report as to the need for more shelters in the City.
MSUC (Malcolm/McCandliss) to accept the staff recommendation to
deny the request for the bus shelters.
5a. RESOLUTION 12892 APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 86-2, EASTLAKE I CAMELOT UNIT 1,
APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
AND APPROVING SUPPLEMENTAL IMPROVEMENT
AGREEMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS (Director of
Public Works/City Engineer)
b. RESOLUTION 12893 ACCEPTING GRANT OF EASEMENT FROM MCKELLAR
DEVELOPMENT OF LA JOLLA ~ITHIN EASTLAKE 1,
UNIT 13 (Director of Public Works/City
Engineer)
The Final Map for CVT-86-2, EastLake I, Camelot Unit No. 1 has
been reviewed by the Engineering Department and found to be in
conformance with the Tentative Map approved by the City Council on
November 26, 1985, by Resolution No. 12262.
Approval of the Final Map will constitute the creation of 116
condominium units as well as acceptance of sewer easements within
Camelot Unit No. 1.
Councilman Nader discussed the fact that the Council is being
asked to approve this final map; however, they do not have an
updated General Plan to look at. He realizes that this is a final
map and not a tentative one; however, Council should think about
what stage they will want to "draw a line" on developments until
the General Plan is updated.
Mayor Cox noted that this map has gone through the tentative
stages and all conditions have been met. ZastLake is now under
the moratorium until all public improvements are put in; however,
this particular development was approved prior to that moratorium.
Councilwoman McCandliss referred to the meeting scheduled for
Thursday on the General Plan update indicating it was critical
that Council do everything possible now to get guidelines and the
General Plan in place before approving any further developments.
Minutes - 10 - January 27, 1987
RESOLUTIONS OFFERED BY COUNCILMAN NADER, the reading of the texts
was waived by unanimous consent, passed and approved unanimously.
6. RESOLUTION APPROVING ENCROACHMENT PERMIT NO. PE-083
AT 117 EAST OXFORD STREET (Director of
Public Works/City Engineer)
The owners of the property at 117 East Oxford Street recently
applied for an encroachment permit in order to bring into
conformance a structure which is now existing. This structure is
approximately 48'x15' and encroaches three feet into a 6 foot
public utility easement at the rear of the property. The floor
area within the above mentioned easement is approximately 144
square feet. The topography is such that a retaining wall was
built as part of the rear wall in order to retain the soil after
excavation was completed.
Director of Public Works/City Engineer showed a slide of the
particular property in question noting that the easement runs
along the rear line of houses in that area. He recommended that
the Council approve the request and authorize the City Engineer to
issue the encroachment permit.
Councilman Malcolm questioned why the recommendation to approve
this particular encroachment permit and not those along the entire
line, which may create some problems down the road.
Director Lippitt explained that the applicant is requesting 3 feet
into the 6 foot utility easement. That entire easement however,
is not being used for utilities and never will be.
Councilman Malcolm questioned vacating the entire easement because
of no need for it.
MSUC (Moore/Malcolm) to refer this back to staff for a review of
the potential of vacating either all of that entire strip or what
is logical and if the utility companies agree, come back to the
City Council with more information.
Director Lippitt responded to who will pay for the cost of the
encroachment explaining that for a street vacation, it costs
approximately ~1,100. An encroachment of this particular kind
would be just the staff time.
Councilman Nader asked that the Director put in the cost figures
in the report to come back to the Council.
9~ ORDINANCE 2190 ADDING SECTION 10.52.096 TO THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE
PARKING OF HEAVY DUTY COMMERCIAL OR OTHER
VEHICLES IN RESIDENTIAL DISTRICTS FIRST
READING (Continued from meeting of January
20, 1987) (Director of Public Works/City
Engineer)
Minutes 11 - January 27, 1987
Director of Public Works/City Engineer presented his report in
which he stated that at its meeting of January 20, 1987, the City
" Council considered an ordinance which would have restricted the
parking of heavy duty commercial or other vehicles (i.e.,
recreational vehicles) in residential districts to 72 hours. It
was staff's recommendation that the ordinance not be adopted.
After discussion, Council continued the item to January 27, 1987,
for a history of this item, background material and a clearer
definition of commercial vehicles.
Staff recommendation was for Council to adopt the proposed
ordinance amending Section 10.52.090 of the Municipal Code and
file the proposed ordinance before them on January 20, 1987,
adding Section 10.52.096 of the Municipal Code, the impacts of
which will beas follows:
1. Commercial vehicles will not be allowed to park in residential
districts for more than 5 hours. Further, the definition of
commercial vehicles will include vehicles which are used
primarily for commercial purposes, are more than 12,000 pounds
in weight, and will include but not be limited to such
vehicles as dump trucks, moving vans, tractors, pole or pipe
dollies.
2. Residential district shall be defined as any Olock in which
over 50% of the ground-level buildings fronting on said block
--. are dwellings.
3. Recreational vehicles or other vehicles not used primarily for
commercial purposes will be allowed to park on City streets
for 72 hours. However, the result of this provision (which is
currently in the State Vehicle Code and the City Ordinance)
will not prohibit RVS from parking on the streets; it will
simply make them move the vehicles every 72 hours.
Councilwoman McCandliss stated that what the Council is trying to
accomplish in this ordinance is to accommodate the RV'S to load
and unload on the street; however, they should not be allowed to
park there indefinitely. As to the 72 hour limitation, she wants
to be very sure that the Police Department has the powers they
need to enforce this time limit.
Councilman Malcolm questioned why this was not sent to the Safety
Commission prior to coming to the Council in order for Council to
get their input.
Director Lippitt noted that the Safety Commission's review of the
first ordinance and their decision not to consider the revised
ordinance.
Minutes 12 - January 27, 1987
Mr. Tom Davis, 1657 Gotham Street, Chula Vista 92010, testified
he has been speaking on this issue for the past 2 years. Eighteen
months ago the Safety Commission had a hearing to consider
restricting the parking of large vehicles for 3 to 6 hours. They
took action on that; however, later on he discovered that the
Safety Commission noted it was a workshop and not a public meeting
so that referral to staff was reviewed at a later date and brought
up again. The public again was invited to testify. At that
meeting the Safety Commission decided it was not a safety item and
decided not to consider it. The 72 hour limitation is not being
enforced by anyone because the Police do not have the staff to go
out and check on it. The City Manager believes it is too
complicated an issue. The RV's and the large vehicles are out
there, they obscure the view and present a traffic safety problem.
Mary Helvie, 301 Nocturne Court, Chula Vista 92011, stated she is
a member of the RV Task Force which met and considered this
particular ordinance. The ordinance first came to them in the
middle of a community workshop. The Committee believes the 5 hour
law is already on the books (parking of heavy duty commercial
vehicles) and the 72 hour limitation for RV'S. They recommended
it and asked that it be enforced on a complaint basis; three hours
is not enough time to load and unload an RV; therefore, she feels
that this ordinance is not necessary since it is "already on the
books."
MSUC (Moore/McCandliss) to place the ordinance on first reading
the reading of the text was waived by unanimous consent, passed
and approved unanimously.
MSUC (McCandliss/Malcolm) to refer back to staff the question of
the enforcement of the 72 hour limitation with a report to come
back at budget time.
10. REPORT POTENTIAL LEGISLATION RELATING TO FIRE
FIGHTER CANCER PRESUMPTION (Deputy City
Manager)
At its January 13, 1987 meeting, the Council approved a new City
Council Legislative Policy and the 1987 Legislative Program. In
so doing, Council deferred action on a Council legislative
position related to firefighter cancer presumption until staff
returned with additional information on this subject.
Staff's recommendation was for Council to: (1) oppose any
legislation which would remove the sunset date and/or shift, to
the employer, the burden of proof related to firefighter cancer
presumption and, (2) amend the 1987 Legislative Program to include
opposition to firefighter cancer presumption legislation.
Minutes - 13 January 27, 1987
John McLintock, Spring Valley, member of the Chula Vista
Firefighters, discussed the law that went into effect in 1983 with
the sunset clause of 1989 relating to the Firefighter Cancer
presumption and AB 561 the Floyd Bill which would have made
the legislation permanent and shifting to the employer the burden
of proof related to the Firefighter Cancer Presumption.
Firefighter McLintock noted the texts of the legislations; the
conditions under which firefighters work; the number of cancer
deaths attriDuted to this particular work which he stated was one
out of three; and requested Council not to oppose it.
Council discussion followed regarding the legislation; the current
Workmans' Compensation law; the issue of cancer being job-related
for firefighters.
MSUC (Cox/Malcolm) to accept staff recommendation #1, but to
delete #2 (amending the 1987 legislative program to include
opposition to Firefighter Cancer Presumption legislation).
Councilwoman McCandliss stated she is supporting this motion;
however, she wants all individual bills brought before the Council
from the Legislative Committee. She does not want to cheat the
firefighters from any benefits; however, at the same time the
Council should look at this in the context of the society as a
whole.
16. REPORT OF THE CITY MANAGER
a. City Manager Goss submitted a fact sheet noting the update
report on the traffic installations in the City (CIP Status
Report).
17. MAYOR'S REPORT
a. Date for Port Commission Interviews
Mayor Cox suggested that before next Tuesday's meeting, each
Councilmember come back with a list of 5 names out of the 21
presented which they would like to see interviewed. At
tomorrow's meeting, the Council can set a date for the
interviews.
b. National League of Congress Conference March 3 Council
meeting.
Mayor Cox noted that the National League of Congress Cities
will be meeting in Washington during the March 3 week. Both
he and Councilman Malcolm will be attending; therefore, there
may be a possibility the March 3 meeting will be cancelled, if
another Councilmember attends the conference.
~4inutes - 14 - January 27, 1987
c. Placement of "Names Around Town" Quilt
Helen Stokes, 1543 MaX Avenue, Chula Vista 92011, and Mrs.
Richard Weckerle, 1541 Thermal Avenue, San Diego 92154,
presented the finished quilt of the "Names Around Town" asking
that it be hung in the Public Services Building. The quilt
contains over 770 names and the Quilters are asking that it be
properly framed.
MSUC (McCandliss/Malcolm) to place the quilt in the Public
Services Building on the wall across from the present hanging of
the Chula Vista quilt and that it be properly framed.
Councilman Moore abstained.
d. Setting Date for Joint Council/Schools Meeting
At their meeting of January 20, the Chula Vista City Schools
District selected the date of March 2, 1987 at 4 p.m. as the
date for the next joint meeting - C.V. City Schools is the
host agency.
Since there will not be a full Council present at that date,
the School District is asking for another date.
MSUC (Cox/McCandliss) to set the date for March 9 at 4:00 p.m.
e. Mayor Cox reported that the Hacienda Mobilehome Park rent
control park issue was settled by the Mobilehome Issues
Committee.
18. COUNCIL COMMENTS
a. Councilman Nader discussed the Peace Bill - legislation
providing life sentences for drug dealers, especially those
selling to minors.
City Attorney Harron noted this bill was referred to the
Legislative Committee and they will be coming back with a
report on it.
b. Councilman Moore asked the City Manager to keep the City
Council informed of all major projects such as Police
dispatching, traffic signalizations, etc.
c. Councilwoman McCandliss:
MSUC (McCandliss/Nader) to refer to the Planning staff and the
Planning Commission for a study and report back on the requirement
of a 3' rear yard set-back.
Minutes - 15 - January 27, 1987
d. Councilwoman McCandliss submitted pictures of fine arts and
sculpture works installed in European cities. She asked that
the Council begin to take serious consideration of the display
of artworks in the City noting the "rocks" which will be
displayed on Third Avenue as an art feature and the cones now
on display at the Marina.
e. Councilman Malcolm gave the Legislative Report stating that on
SB 23, the Beach Liability Tort Reform Measure, no action
needs to be taken.
f. Councilman Malcolm noted that the swings have been stolen from
the E1 Rancho Del Rey Park (off Paseo Del Rey).
g. Councilman Malcolm asked the City Manager for an update of
when the Council meetings will be televised.
City Manager Goss stated the report will be coming to Council
in February.
The Council recessed to Closed Session at 9:45 p.m. The City
Clerk was excused and the City Manager reported the Session ended
at 10:50 p.m.
ADJOURNMENT AT 10:50 p.m. to the meeting of January 28 at 6 p.m.,
January 29 at 4 p.m. and February 3, 1987 at 4 p.m.
fi'leMikFulasz, jMC~'
0949C
MINUTES OF AM A~.,~uM~sD Pd~GULAR ~LEETING
OF THE CITY COUNCIL OF THE
CITY OF CHUIA VISTA, CALIFOP~NIA
Held Tuesday, January 27, 1987
The City Council met in the Council Chamber at the Public Services
Building, 276 Fourth Avenue on the above date at 7:00 p.m. with
the following
Councilmen present: C0x, McCandliss, Malcolm, Nader, Moore
Councilmen absent: None
ADJOUR/qMENT
"' The Mayor adjourned the meeting at 10:50 p.m. until Wednesday,
January 28 at 4:00 p.m. in the Council Conference
Room, City Hall, 276 Fourth Avenue, Chula Vista, California.
I, Jennie M. Fulasz, 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 January 27, 1987
JE~Z, CMC, CITY CLER/<
City of Chula Vista, California
STATE OF CALIFOP~NIA ) ~FIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) Ss ' OF ADJOUP~MENT OF .~ZETI~]G
CITY OF CHULA VISTA )
I, Jennie M. Fulasz being first duly swo~-n depose and say ;:
That I aun the duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the regular meeting of the Council of the City of
Chula Vista was held January 27, 1987
and said meeting was adjou. rned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on January 28, 1987 at ~he hour of 9:00 a.m.
I posted a copy of said order at a conspicuous place on or near
the door of the place at which said me~ting of 1/27/87
was held.
City Clerk
Subscribed and sworn to before me this
day of
19
Notary Public in and for said County
and State of California