HomeMy WebLinkAboutcc min 1983/08/16 MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday, August ]6, ]983
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: Ma]c0]m, Cox, Moore, McCand]~ss
Councilmen absent: Scott
ADJOURNMENT
The Mayor adjourned the meeting at 10:35 p.m. until Thursday,
August ]8, ]983 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 August ]6, ]983
f Chula Vista, California
STATE OF CALIFOKNIA AFFIDAVIT OF POSTING ORDER
COUNTY OF S~ DIEGO ss OF ADJOU~N~.INT OF ~ETII]G
CITY OF CHULA VISTA
I, Jennie M. Fulasz, being first duly sworn depose and say.:
That I am t_he duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the re9u]ar meeting of the Council of the City of
Chula Vista was held luesday, August ]6, ]983
and said meeting was adjo~med to the time and place specified in .__
the order of adjournment ATTACHED HERETO: ....
That on Wednesday, August 17, 1983 at the hour of 9:30
I posted a copy of said order at a conspicuous place on or near
the door o~ the place at which said me~ting of August ]6, ]983
was held.
Clerk
- S~scribed and sworn to before me this
day of
19
Notary PLtblic in and for said County
and State of California
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, August 16, 1983 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers McCandliss, Moore,
Malcolm
Councilmember absent: Councilman Scott
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment
of silent prayer.
1. APPROVAL OF MINUTES FOR THE MEETINGS OF JULY 26, AND AUGUST 2, 1983
MSUC(Malcolm/Moore) to approve the minutes. Councilwoman McCandliss abstained
from voting on the meeting of August 2 since she was not present at that
meeting.
2. SPECIAL ORDERS OF THE DAY
a. Mayor Cox introduced and gave a copy of a Proclamation to all the members
of the Miss Softball America Major All Star Team declaring the week of
August 14 through August 20, 1983, as Chula Vista Miss Softball America
Week. He announced this team won the National Championship for the
second year in a row. The trophy (approximately five feet high) will
stay with the team if they win the championship next year it has to be
three years in a row).
At this time the Council recessed for ten minutes to join in a reception
for the All Star Team. The meeting reconvened at 7:15 p.m.
3. WRITTEN COMMUNICATIONS
a. REQUEST SUBMISSION TO PUC PRIOR TO SEPTEMBER 7 REGARDING RATE-BASING OF
SAN ONOFRE NUCLEAR POWER STATION (Community Energy Action Network)
The Community Energy Action Network recommended comments to be submitted to
the PUC to develop the most equitable rate base based on "avoided cost"
method; a requirement of average "target capacity factor" on the operation of
the reactors be imposed; if these units are shut down for 90 days or more, the
plants are removed from the rate base and energy generated from these plants
· 1 T
City Council Meeting - 2 - August 16, 1983
be economically competitive with other forms of energy used to produce
electricity within the system. The City Manager recommended contacting the
League and State's largest cities for advisement and to file the letter
--~ subject to additional information staff may be able to obtain.
MSUC (Moore/Malcolm) to file this request.
b. INFORMATION REPORT AND REQUEST FOR USE OF MAINTENANCE BUILDING AT ROHR
PARK (Chula Vista Live Steamers)
The Chula Vista Live Steamers expressed a need to have a building to house
riding railroad cars and parking of CVLS transporters and suggested the
maintenance area building at Rohr Park available on weekends which would not
impinge on public parking.
MSUC (Moore/Malcolm) to refer this to staff.
c. PETITION REGARDING ANIMAL CONTROL (Concerned Citizens)
A number of concerned citizens signed a petition suggesting passing a law for
dogs and cats to be controlled and spayed due to their running wild and
causing problems in the community. The City Manager stated licensing of dogs
and cats is unprecedented in California and almost impossible to enforce.
MSUC (McCandliss/Malcolm) to file this request.
PUBLIC HEARING AND RELATED RESOLUTION
4. PUBLIC HEARING CONSIDERATION OF THE PROPOSED "EASTLAKE I
REORGANIZATION"
a. RESOLUTION 11339 ORDERING THE EASTLAKE REORGANIZATION INVOLVING
ANNEXATION TO THE CITY OF CHULA VISTA AND THE
DETACHMENT OF THE TERRITORY FROM THE SAN DIEGO FLOOD
CONTROL DISTRICT-ZONES 3 AND 4 (Director of Planning)
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Planning Gray explained the subject reorganization proposal was
approved by LAFCO on July ll, 1983. The proposal involves annexation of 1,268
acres of uninhabited territory to the City of Chula Vista and concurrent
detachment from the San Diego County Flood Control District-Zones 3 and 4.
The subject property is generally located north and east of Otay Lakes Road,
south of East "H" Street (extended) and is contiguous with the City's boundary
at the existing "College Estates Subdivision" and the recently approved
"Bonita Long Canyon Estates Project". The subject 1,268 acres is currently
vacant land which was previously utilized for dry-farmed barley production.
The territory is traversed by Otay Lakes Road (improved to two lanes), Janal
Ranch Road and Proctor Valley Road (unimproved).
City Council Meetin9 - 3 - August 16, 1983
On August 24, 1982 the City Council adopted Resolution No. 10995 certifying
the Final Master EIR-81-3 -- EastLake Planned Community Development -- as
complete and adequate in that it addressed all environmental effects of the
proposed EastLake General Plan Amendment approving the EastLake Policy Plan,
as well as the EastLake I prezoning to a Planned Community designation.
On August 24, 1982, the City Council adopted Resolution No. 10996 amending the
Land Use Element of the Chula Vista General Plan for the proposed EastLake
Planned Community Development project. The subject General Plan Amendment
designated 1,268 acres of land "EastLake I" (area proposed for annexation to
the City) and approximately 1,800 acres "Future Urban," for a total 3,073
acres.
In conjunction with the subject amendment, Council adopted the EastLake Policy
Plan which governs the development of the "Future Urban" sector of the
EastLake project, and establishes the Planned Community District Regulations
for the EastLake I reorganization area.
At its meeting of September 7, 1982, Council adopted Ordinance No. 2002
prezoning the territory designated as "EastLake I" to P-C (Planned Community
Zone) in conformance with the General Plan.
Mr. Anthony Rangus, 837 Elm Street, Chula Vista complained the development
will affect the Telegraph Canyon Creek noting that there are many schools in
the area. With children walking to school and crossing the creek at various
times, the flood waters could be very damaging.
Mr. Rangus requested investigating the following requests: (1) how many acre
inches or feet of water will be added to runoff into the creek; (2) what is
proposed to control this runoff; (3) who will fund the cost of the proposed
drainage channel from the Bay to 1-805 as proposed by the Army Corps of
Engineers in their studies.
City Engineer Lippitt noted the mitigating measures which have been taken to
avoid any problems of the ditch. Director of Planning Gray remarked the issue
before the Council tonight is the reorganization of Eastlake. The developers'
plans must be approved by the City Council at which time this concern can be
addressed.
Mr. Bob Norman, 908 Mission Avenue, Chula Vista said he was opposed to the
annexation because it was too far out from the City and because of the
additional use of water and sewer capacity that might be used. Mr. Norman
noted the increase of 10,000-42,000 additional people here adding that since
Proposition 13, the City has cut down on many services which should be
reinstated before allowing anyone else to come into the City - services such
as street sweeping, tree trimming, etc.
City Council Meeting - 4 - August 16, 1983
There being no further comments either for or against, the hearing was
declared closed.
Councilman Moore noted the many reports that have come before the Council for
review regarding the Eastlake development showing there will be no costs
incurred by the City.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Council discussion followed regarding the various aspects of the proposed
development; the Council will have approval of each and every phase of the
development prior to its construction; the developer is required to resolve
all problems before approval is given for each development. In answer to
Councilman Malcolm's question, Director of Planning Gray stated there will be
no liability to the City at this particular point since the Council has not
given permission for construction.
5. ORAL COMMUNICATIONS
a. Bob Norman, 908 Mission Avenue, Chula Vista, stated some time ago the
Council consider a request from a developer along Industrial Boulevard
for a waiver of underground utilities. This particular developer now has
a billboard advertising 17,000 square feet of space for rent on
Industrial Boulevard.
Mr. Norman discussed the "Pointe" project which is proposed for
construction in the area adjacent to Spring Valley along San Miguel Road
declaring Sweetwater Authority is being "railroaded into approving the
development" which is going to be geared only toward the "super rich".
Mr. Norman asked the Council to take a position in giving their views to
the Sweetwater Authority. In answer to Councilwoman McCandliss' query,
Director of Planning Gray stated the County does not have any plans at
this time to make a presentation to the City Council on this
development.
b. Robert Roelle, 158 East "L" Street, Chula Vista said he notified the
Council some time ago of the death of a child along "L" Street and
Cuyamaca Avenue. According to the Municipal Code, school zone signs must
be posted within so many feet of a school. Mr. Roelle stated there are a
number of schools in the City; however, only three schools have posted
signs. The residents are petitioning the Highway Patrol to start
servicing "L" Street for the speeders.
MSUC (Cox/Moore) to refer this issue to staff and have a report come back to
Council and also to refer this to the Safety Commission.
Councilman Malcolm said he was under the impression signs were posted for
school zones and would like to see immediate action taken on this
request.
Mayor Cox clarified his motion stating the report is due back next week
with whatever remedial action is necessary to post these signs.
City Council Meeting - 5 - August 16, 1983
CONSENT CALENDAR (Items 6-17)
Councilman Moore asked to have Item No. 17 pulled.
MSUC (Malcolm/McCandliss) to approve the Consent Calendar (Items 6-16).
6. RESOLUTION 11340 APPROVING AMENDMENT TO THE LEASE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND CONGRESSMAN DUNCAN HUNTER
FOR THE LEASING OF ADDITIONAL OFFICE SPACE (Assistant
City Manager)
On July 5, 1983, an 18-month lease agreement between the City and Congressman
Hunter was approved by the City Council for the leasing of office space in the
legislative office building. That lease agreement provided for the rental of
approximately 120 square-feet of office space at $100 per month, including
utilities and janitorial services. The amended agreement, effective August 1,
1983 provides for the rental of an additional 120 square-feet at a total rent
of $150 per month including utilities and janitorial services. The amended
agreement provides for a maximum 6% adjustment tied to the San Diego
Metropolitan Consumer Price Index at the conclusion of the first 12 months
beginning July 1, 1983.
7. RESOLUTION 11341 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND DUANE ROGERS, PERSONAL ASSISTANCE SERVICES FOR
EMPLOYEE ASSISTANCE PROGRAM SERVICES (Director of
Personnel)
The City currently has a contract with Duane Rogers, Personal Assistance
Services to provide an Employee Assistance Program for City employees. The
contract under which this service is provided is up for renewal. The
resolution extends the contract with the addition of a hold harmless clause,
designation of contractor as an "independent contractor" and a requirement for
contractor to have insurance.
The sum of $5,400 has been allocated in the 1983-84 budget for the Employee
Assistance Program. This amount reflects an increase over last year of $400
or 8% due to inflation in the cost of operations.
8. RESOLUTION 11342 ACCEPTING PUBLIC IMPROVEMENTS STREET LIGHTS ON
FOURTH AVENUE ("G" TO "H" STREETS) (City Engineer)
Johnson & Sons Foothill Electric has completed the installation of street
lights on Fourth Avenue ("G" to "H" Streets) in accordance with the contract
awarded by Council Resolution No. 10861 adopted on May ll, 1982. The work
consisted of installing street lights in conjunction with utility
undergrounding on Fourth Avenue. A final inspection was made on April 7,
1983. The work was completed to the satisfaction of the City Engineer.
Councilman Moore questioned the fiscal impact on this item. City Engineer
Lippitt explained six street lights were installed replacing two already
existing.
City Council Meeting - 6 - August 16, 1983
9. RESOLUTION 11343 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALT
CONCRETE PAVEMENT OVERLAY AND PAVEMENT RECONSTRUCTION
OF FOURTH AVENUE FROM "G" STREET TO "H" STREET (City
Engineer)
On July 27, 1983, City Engineer received sealed bids for the work to be done
consisting of providing asphalt concrete material overlaying Fourth Avenue
from the south side of "G" Street intersection to the north side of "H" Street
intersection. The overlay is to be 1-1/2 inches thick. The work also
includes the reconstruction of approximately 4,120 square feet of pavement on
the east side of Fourth Avenue just north of "H" Street.
The resolution accepts the bids and awards the contract to Daley Corporation,
San Diego, in the amount of ~34,210.
lO. RESOLUTION 11344 ACCEPTING GRANT OF EASEMENT FROM FINANCIAL SCENE,
INC. FOR DRAINAGE PURPOSES (City Engineer)
The City has approved plans and inspected the construction of drainage
facilities within a parcel of land adjacent to the Hidden Vista Village
Subdivision formerly owned by the State of California. The State has now sold
this land to Financial Scene; consequently, the State encroachment permit is
no longer valid and it is necessary to obtain a drainage easement from the new
owner. On July 26, 1983, Financial Scene executed the necessary document to
grant the drainage easement to the City.
lla. RESOLUTION 11345 ACCEPTING PUBLIC IMPROVEMENTS - HIDDEN VISTA
SUBDIVISION BETWEEN PHASE I AND EASTERLY SUBDIVISION
BOUNDARY (City Engineer)
Financial Scene, Inc., through McMillin Development has completed the
installation of curbs and 30 feet of pavement on the south side of East "H"
Street between Hidden Vista Subdivision Phase I and the easterly boundary
limits of the Hidden Vista Subdivision. The work was performed in accordance
with the second supplemental subdivision improvement agreement between the
City of Chula Vista and Financial Scene, Inc. for the early construction of a
portion of East "H" Street.
In accordance with the approved agreement, the City of Chula Vista will
advance to Financial Scene, Inc. the cost of the construction for this portion
of East "H" Street. Of the funds advanced, the City's responsibility for
payment of the transitional sections is $3,577.97; therefore, Financial Scene,
Inc. is obligated to reimburse to the City of Chula Vista the balance of
$197,259.99 plus 7% simple interest.
The reimbursement to the City is to be no later than April 1, 1986. Should
development be accelerated on the south side of East "H" Street before the
above date, reimbursement shall be due at the time the first building permit
is issued by the City.
City Council Meeting - 7 - August 16, 1983
llb. RESOLUTION 11346 APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS IN THAT
CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS HIDDEN
VISTA VILLAGE PHASE I SUBDIVISION (City Engineer)
Financial Scene, Inc. dba the Village Company, completed the public
improvements for Hidden Vista Village Phase I Subdivision. The public
improvements agreement was approved by City Council on March 24, 1981.
12. RESOLUTION 11347 ACCEPTING PUBLIC IMPROVEMENTS, STREET SURFACE
IMPROVEMENTS FOR EAST "H" STREET (City Engineer)
Daley Corporation completed the construction of surface improvements for East
"H" Street. The contract was awarded by Council Resolution 10957 on July 27,
1982 and executed by the City on September 16, 1982. A final inspection was
made on August ll, 1983. Due to the necessity of acceptance of this work
prior to opening of East "H" Street on August 20, 1983 of the roadway for
public use, the contract actual costs have not been finalized. A portion of
the funds for the construction of East "H" Street is expected to be reimbursed
to the City through the development of the adjacent vacant properties now
under the ownership of the Gersten Company. This reimbursement will occur as
future subdivision agreements have been approved. Meanwhile, the City will be
responsibile for maintenance of the improvements.
13. RESOLUTION 11348 APPROVING ENCROACHMENT PERMIT NO PE020 to McMILLIN
DEVELOPMENT FOR INSTALLATION OF TEMPORARY CHAIN LINK
GATE ACROSS HIDDEN VISTA DRIVE (City Engineer)
McMillin Development, developers of Hidden Vista Village Subdivision, applied
for an encroachment permit to install a temporary chain link fence with gate
across Hidden Vista Drive for security reasons.
14. RESOLUTION 11349 APPROVING HOLD HARMLESS AGREEMENT BETWEEN CITY OF
CHULA VISTA AND CHULA VISTA CITY SCHOOL DISTRICT
HOLDING HARMLESS THE SCHOOL DISTRICT DUE TO CITY
STREET USE OF SCHOOL DISTRICT PROPERTY (City Engineer)
The Eastern 600+ feet of East "H" Street that is just being completed is
across School D~trict property. This portion of East "H" Street was never
dedicated to the City, but the School District did allow the City to construct
the street. It is intended the School District and the Gersten Company will
arrive at a mutual agreement for a land swap whereby the Gersten Company will
own the subject parcel and exchange another parcel within the Corcoran Ranch
for School District purposes. Upon receiving the land, the Gersten Company
will then dedicate the right-of-way for East "H" Street to the City. The
School District has indicated that they will allow the City to permit traffic
across their property; however, they want an agreement with the City holding
them harmless from any liability which may be caused by public traffic.
City Council Meeting - 8 - August 16, 1983
15. RESOLUTION 11350 APPROVING FINAL MAP OF CHULA VISTA TRACT 83-2,
ROBINHOOD MALL CONDOMINIUMS (City Engineer)
On April 26, 1983, by Resolution 11215, Council approved the Tentative Map for
Robinhood Mall Condominiums. The subdivision consists of two lots. Lot 1 is
presently developed with commercial use and a church. Lot 2 will support 14
new condominiums. The subdivision is located at 1665-1667 Brandywine Avenue.
The developer has met all conditions of approval and paid all applicable
fees. Public improvements were constructed with Robinhood Point Unit 1 (Map
8368). All necessary dedications were granted and accepted with the approval
of that map (8368).
16. ORDINANCE 2042 AMENDING SECTION 8.08.070 OF THE MUNICIPAL CODE
ADOPTING A NEW ANNUAL INSPECTION FEE FOR HEALTH
PERMITS FOR FOOD ESTABLISHMENTS - SECOND READING AND
ADOPTION (Acting City Attorney)
The County has asked the City to update its fee schedule for health permits
for food establishments to avoid the need for the City paying the difference
between its present fee and the new fee adopted by the County. The ordinance
was placed on first reading at the meeting of August 2, 1983.
17. RESOLUTION 11351 IN OPPOSITION TO SUBSIDIZATION OF STATE GOVERNMENT
OPERATIONS AT THE EXPENSE OF LOCAL SERVICES AND
PROGRAMS (City Manager)
In a report to Council, City Manager Goss explained the State has adopted a
budget in which the AB 8 deflator would come into effect on October 1, 1983
placing the City in the position of reverse bail-out and forcing the City to
subsidize State operations at the expense of vital local services and
programs. If the State budget remains as it is currently approved, the City's
1983-84 budget would have nearly $1,000,000 less revenue than originally
projected, basically through the reduction after October 1st of certain State
subventions, such as motor vehicle in lieu, cigarette and business inventory
taxes.
At a meeting, Tuesday, August 9, at the City of San Diego City Hall, thirteen
of the County's sixteen cities, including Chula Vista, were represented by
their Mayors, or Vice Mayors each signing a letter to the Governor and
Legislature stating their belief that local governments should not be forced
to subsidize State operations at the expense of vital local service programs.
The City Manager recommended the following actions: (1) suspend the AB 8
deflator for the remainder of FY 1983-84, effective October 1, and restore the
$600 million in subvention cuts; and (2) oppose the local option sales tax.
In answer to the Council's questions City Manager Goss explained AB8 deflator
which will come into effect on October 1, 1983 and the City's position
regarding the potential loss of revenue. He indicated the City would have
$1,000,000 less revenue than currently projected if the state budget remains
as it is currently approved. Councilwoman McCandliss expressed her concerns
City Council Meeting - 9 - August 16, 1983
regarding the League of California Cities not resolving this commenting there
should be some way to resolve the issue of where the money should go. Mayor
Cox commented this particular resolution is a stop gap measure in order to get
the cities by this year and agreed there needs to be a major overhaul of the
entire issue.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
read by unanimous consent, passed and approved unanimously.
RESOLUTIONS AND ORDINANCES, FIRST READING
18. RESOLUTION 11352 REQUESTING CALTRANS TO INCLUDE IN ITS STATEWIDE
PLANNING PROGRAM STUDIES THE EXTENSION OF S R - 125
FROM THE SECOND BORDER CROSSING AND STATE ROUTE 94
(City Engineer)
Approximately ten years ago, the City Council supported a motion by the State
to remove SR-125 south of SR-54 from the freeway and expressway system.
Council's position at that time was that a freeway in this area would
encourage premature development in the eastern parts of the City. Since that
motion, a number of proposals and developments have occurred, especially in
the eastern part of the City's area to warrant Council's action to reconsider
their former motion and now support the extension of SR-125.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
19. RESOLUTION 11353 APPROPRIATING FUNDS FROM THE GENERAL FUND TO COMPLETE
OPEN SPACE MAINTENANCE AND AUTHORIZING THE ATTACHMENT
OF THE PERFORMANCE BOND OF C. A. REDDEN INC. ON OPEN
SPACE MAINTENANCE CONTRACT FY 82-83 (Parks and
Recreation Director)
On June 30, 1983, the contract period between the City and the four
maintenance contractors for the ten open space districts - FY 82-83 ended. A
year end inspection was conducted to determine that all work was current
before being turned over to the FY 83-84 contractors. It was revealed of the
ten districts, only five were in an acceptable condition. Five districts
maintained by C.A. Redden Inc. had work still uncompleted from previous
months' inspections. The resolution authorizes the Performance Bond of
C.A. Redden to offset cost of completing maintenance contract work and
approves supplemental General Fund appropriation required to complete open
space contract work.
The City requires the contractor to include a performance bond in his contract
package. The purpose is to provide a means for completion if the contractor
fails to complete the work as outlined in the contract. This protects the
City against liability or loss caused by acts or failures by the contractor.
City Council Meetin9 - lO - August 16, 1983
The incompleted work will be completed before the bonding company pays on the
$2,498.76. The appropriation from the General Fund will be a loan payable
when the bonding company reimburses for the uncompleted work left by C.A.
Redden. The special appropriation for the bond amount combined with monies
held back from Redden for incomplete work for FY 1982-83 equals the total
appropriation of $5,040.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
Council discussion followed regarding the litigation to the City; notification
of C.A. Redden; the amount of money the City will be spending for legal
matters vs. the amount of the performance bond.
MSUC(Malcolm/Cox) to direct the City Attorney to come back to the City Council
if the bonding company refuses to honor the bond.
20a. RESOLUTION 11354 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE
DISPATCHING SERVICES (Director of Public Safety)
b. RESOLUTION 11355 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CITY OF IMPERIAL BEACH FOR FIRE
DISPATCHING SERVICES
c. RESOLUTION 11356 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE MONTGOMERY FIRE PROTECTION
DISTRICT FOR FIRE DISPATCHING SERVICES
In providing fire dispatching services for other fire departments, the City
has used a variety of processes in developing the fee charged to provide this
service. Now that Imperial Beach Fire has been added to the City system, one
method or fee formula can be developed for all departments. Each city will
pay its share of the cost required to maintain the fire dispatch 3osition
based on the percentage of calls dispatched for each city.
RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts were waived by
unanimous consent, passed and approved unanimously.
21a. FOLLOW UP REPORT IMPROVEMENT OF THE THIRD AVENUE CENTRAL BUSINESS
DISTRICT ALLEYS
b. RESOLUTION 11357 AMENDING THE FY 1983-84 CAPITAL IMPROVEMENT PROGRAM
BUDGET TO INCREASE FUNDING FOR TWO ALLEY IMPROVEMENT
PROJECTS (City Engineer/Community Development
Director)
At the May 24, 1983 Council meeting, the Engineering and Community Development
Departments presented a joint report on the improvement of the Third Avenue
Central Business District (CBD) alleys. This report discussed the
deteriorating conditions of the alleys located within the study area and
recommended their improvement be considered in the FY 1983-84 CIP submittals
during budget sessions.
City Council Meeting - ll - Au9ust 16, 1983
Council directed staff to investigate the possibility of improving these
alleys via the formation of 1911 Act Assessment Districts and to return with a
report on the investigation. This report recommends: (1) increasing funding
--~ for the two alleys serving primarily residential uses from 50% to 100%; (2) a
transfer of funds budgeted for the alley overlay program to the two
residential alley accounts; (3) direction to staff to proceed with the
formation of 1911 Act Assessment Districts to improve the Third Avenue CBD
alleys.
Councilman Malcolm questioned the percentage being recommended: 50% for
business and 100% for the residential areas. He stated he can support the
businesses having 50% but cannot support the staff's reasoning for thelO0%
residential: "we have always done this in the past".
Director of Community Development Desrochers explained under Block Grant, the
City assures HUD it will not only assist home owners in improving their
properties but also the public improvements in the eligible census tracts.
Mr. Desrochers remarked the residential areas are getting 100% because they
are part of the City's CHIP program. In answer to Council's questions, he
stated businessmen in the district are cooperating with the assessment and are
obtaining names on petitions. They want alley improvements as soon as
possible. City Engineer Lippitt explained the liability to the City adding it
has always been the policy of the City to maintain the dedicated alleys. If
the alleys are concreted, it is the City's responsibility to completely
improve those alleys; therefore, 100% is being recommended.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
22. RESOLUTION 11358 AMENDING THE FY 1983-84 CAPITAL IMPROVEMENT PROGRAM
BUDGET BY DELETING THE PROPOSED OVERLAY FOR EAST AND
WEST MANOR DRIVE AND SUBSTITUTING THE OVERLAY OF
BROADWAY BETWEEN "C" STREET AND "D" STREET (City
Engineer)
Included in the 1983-84 budget was a project for pavement overlay of "C"
Street from Fourth Avenue to Broadway and East and West Manor Drive from "I"
Street to "J" Street. Based on a field inspection of East and West Manor
Drive between "I" and "J" Street, it was determined to overlay the street
would adversely affect the drainage in the area. The City Engineer
recommended these two streets be evaluated again next year for possible total
reconstruction in which new curb and gutter, pavement, and drainage facilities
be constructed at one time. Based on a pavement condition survey made by
La Belle consultants in 1973, another street requiring overlay is Broadway
between "C" Street and "E" Street. The City Engineer further recommended the
portion of Broadway between "C" Street and "D" Street be substituted for East
and West Manor Drive at this time.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
City Council Meeting - 12 - August 16, 1983
23. ORDINANCE 2043 LEVYING TAXES ON ALL PROPERTY IN THE CITY OF CHULA
VISTA FOR THE FISCAL YEAR 1983-84 - FIRST READING AND
ADOPTION (Director of Finance)
Proposition 13 does not affect voter approved debt service and consequently
the City Council is required to set the necessary tax rate on or before
September 1st each year. The 1982-83 tax rate was $.00634 per hundred dollars
of full value. For 1983-84, the necessary rate is .00583 per hundred dollars
of full value.
MSUC (McCandliss/Moore) to place the ordinance on first reading and adoption.
24. REPORT OF THE CITY MANAGER
a. MSUC(Malcolm/McCandliss) for a Closed Session regarding personnel and
litigation to be held at the close of the meeting.
b. City Manager Goss read a letter from the City Engineer regarding a failed
septic tank of a residence on "I"Street, across from Vista between
Hilltop and Third Avenue. Dr. Flynn is requesting an encroachment permit
to go over a one-foot lot in order to get City sewer service. City
Engineer Lippitt submitted a plat of the area stating this was an
emergency situation whereby in order for this person to get sewer
service, he would have to come in through Whitney Street over the
one-foot control-lot. A fee will be charged to join the sewer system.
MSUC (Cox/Moore) to grant approval.
c. City Manager Goss reported on the progress of the East "H" Street opening
which will be held this Saturday, August 20, beginning at 8:30 a.m.
d. City Manager Goss reported there will be 24 City employees answering
telephones at KPBS this Saturday evening August 20, 1983.
e. City Manager Goss asked the Council to adjourn this meeting to Thursday
afternoon following the Redevelopment Agency meeting.
REPORT OF CITY OFFICERS AND DEPARTMENT HEADS
25. REPORT GARAGE SALES FEES AND ENFORCEMENT PROCEDURES
(Director of Finance)
At the meeting of July 12, 1983, Council directed staff to prepare a report
regarding appropriate charges for garage sale permits issued in the field and
the possibility for increased enforcement. The Director of Finance
recommended Chapter 5.32 of the Municipal Code be amended to allow for two
garage sales per calendar year of five days duration and provide for a $5.00
fee when licensed in the field.
City Council Meeting - 13 - August 16, 1983
Councilwoman McCandliss referred to the staff's report noting that no other
City in the County requires a permit except Chula Vista. She felt the program
has taken on "a life of its own" adding probably 90% of the people who have
these sales do not know of the fee. The purpose of the fee is to control
those sales which are being held on a weekly and almost daily basis. She
added there should be some information going out to the public prior to the
initiation of this fee. Councilman Malcolm agreed with the concept, however,
he noted the staff time that will now be involved: Police calling in the
garage sales on their radios and the Recovery Officer going out and selling
these permits on the weekends. Mayor Cox suggested having notification going
out to the citizens with the Chula Vista Sanitary billing. Director of
Finance Grant said his staff is now in the process of doing this.
Robert Roelle, 158 East "L" Street said he talked to the City Attorney and was
told that one item on his front lawn such as a "for sale" sign constitutes a
violation of the ordinance. He drove around today and noted 148 people in the
City have a "for sale" sign in front of their home so they are now violating
the law. Mr. Roelle stated it costs the City alproximatey $44 an hour {$22
for the employee and $22 for the police vehicle to enforce this particular
ordinance.
In answer to Council's query, Director of Public Safety Winters stated that it
would not tie up the police radio units as alluded to by Mr. Roelle since
police will only be calling in the garage sales when they have no other
priorities. When an emergency comes in, all radios are alerted.
Councilman Moore expressed his concern regarding informing the public of all
new ordinances. These notices can be mailed out along with the trash pick-up
bills, church bulletins etc.
MS (Moore/McCandliss) to accept the report with no action and allow the City
Manager to pursue the education of the public of revision of the ordinance
plus any other ordinances that might be enforced in this category.
Council discussion followed regarding the motion noting: (1} a volunteer goes
out on weekends; (2) no direct cost to the City for this service; (3} a time
limit, such as 30 days before enforcement should be set; (4) the ordinance has
not been prepared at this point staff is waiting for direction from the
Council; {5) people feel that property taxes take care of all revenues to the
City but it comes mostly from the sales tax and people who are having
continuous garage sales are taking away from the bona fide businesses in the
City; {6} neighbors are calling in and reporting on other neighbors; {7) there
should be a definition of what constitutes a garage sale, a rummage sale, a
bazaar etc.
SUBSTITUTE MOTION: MSUC (Cox/Malcolm) to accept staff recommendation and brint
d
back an amendment to the Municipal Co e allowing garage sales (up to two
inter-connecting weekends and have staff recommend a program of public
education and notification of the citizens. The motion is to include a
definition of a garage sale, a rummage sale and a bazaar.
Councilwoman McCandliss stated she is voting for the resolution; however, she
is opposed to the fee of $5.00.
I 1'
City Council Meeting - 14 - August 16, 1983
26. REPORT BONITA ROAD/I-805 TRAFFIC STUDY (City Engineer)
In response to City Council, Safety Commission and citizen requests, the
Traffic Engineering Division has completed a review of traffic conditions on
Bonita Road in proximity to the 1-805 interchange. As a part of this review,
staff met with representatives of Caltrans and the County to evaluate traffic
characteristics such as volumes, turn movements, and accident history.
Several short term improvement projects were identified that will facilitate
traffic flow which will be implemented in the near future.
Both Caltrans and the County will be completely funding those improvements
identifiable with their agencies. The City will install the traffic signal at
Bonita Road/Bonita Glen Drive, the interconnect between this signal and the
freeway signals and the raised median island from Bonita Glen Drive to 1-805.
The estimated cost for this work is between $45,000 and $57,000 and will be
initially funded by private developers as outlined in Resolution 11053.
Ultimately, this funding will be reimbursed to the private developers through
the Traffic Signal Fund.
MSUC (Moore/Malcolm) to accept the report.
27. MAYOR'S COMMENTS
a. Mayor Cox annnounced the opening of East "H" Street this Saturday,
August 20 at 8:30 a.m. There will be a Fun-Run starting from Southwestern
College to the end of East "H" Street at 1-805. Runners who wish to
participate may park their cars at the end of 1-805 and buses will be
available to transport them to Southwestern College.
b. Mayor Cox noted Chula Vista will have the Japanese Lantern Dancers
performing at the Memorial Bowl on Tuesday~ August 23, 1983 at 4:30 p.m.
and encouraged the public to attend.
c. Mayor Cox introduced the new Star News reporter Libby Brydolf.
d. MSUC (Cox/Malcolm) to appoint Councilman Moore as an Alternate to SCOOT.
Councilman Moore abstained from voting.
e. Mayor Cox noted this Friday, August 19 is the last date to submit a
resolution to the League of California Cities to be considered at their
Conference in October.
MS (Cox/Moore) to direct staff to prepare a resolution to go to the League of
California Cities for consideration at their October Conference asking for a
reallocation of the existing sales tax revenue (6% sales tax collected by the
State) to allow cities to receive one additional cent of sales tax which would
be distributed on a citywide population.
Discussion followed regarding the motion. Mayor Cox explained it would help
the small cities because it would~be based on population and the trade-off
would be that all cities would~'~et the subventions from the State as a
permanent source of revenue. ~z ~ ~ ~o~-~]
City Council Meeting - 15 - August 16, 1983
Mayor Cox included in his motion that the information requested and the
resolution be provided to the Council this Thursday and that the Council
adjourn this particular meeting to Thursday August 18, immediatey following
the Redevelopment Agency meeting which begins at 4:00 p.m. in order to
consider this resolution. The motion carried unanimously.
28. COUNCIL COMMENTS
a. Councilwoman McCandliss noted that under Item No. 3a, although the
Council filed the request, the City Manager will bring further
information to Council when it obtains it.
b. "Councilman Moore reported the Project Committee on "E" Street Trolley
Station met and advised the consultants on what side of the street the trolley
should be located. The Consultant will bring back specifics at the next
meeting to be held September 1, 1983.
Councilman Moore noted the money needed by the International Friendship
Commission to host the Japanese Lantern Dancers.
MSUC (Moore/Malcolm) to make $210 available to the International Friendship
Committee to support this function.
d. Councilman Moore asked for a date to be set for interviewing applicants
for the various Boards and Commissions. Councilman Malcolm remarked the
Council secretary was directed to poll the Commission as to an
appropriate date.
e. Councilman Malcolm said he received a number of complaints concerning the
Chip Seal Program. He went out with these people last week and inspected
the streets noting that especially at intersections, the rocks are not
sticking to the asphalt. He asked that a Council Conference be held on
this matter to discuss the whole program.
MSUC (Malcolm/McCandliss) to schedule a Council Conference on this item.
f. Councilman Malcolm asked what the status was on the street sweeping
program report. Assistant City Manager Asmus said the report would be
brought to the Council in two weeks.
g. Councilman Malcolm gave the Legislative Committee report regarding the
telephone Lifeline Service. He stated the Committee felt it was needed
by people who are disabled or Senior Citizens; however, it is also
available to people who own vacation or recreational homes who have a
short-span use of those telephones. The Committee is recommending partly
supporting the bill (that it only be allowed for Senior Citizens and the
disabled).
MSUC (Malcolm/Moore) to approve the bill in concept; to express the concern of
Council; and to seek some type of amendment that would address this concern
(prove the need for the service).
City Council Meeting - 16 - August 16, 1983
h. Councilman Malcolm commended the staff on the quick action taken in
helping Dr. Flynn obtain access to the sewer (which came to the Council
tonight for the encroachment permit).
i. Mayor Cox commended the staff for the "Awards for Excellence" report
which will be submiited the League of California Cities.
The Council recessed at 9:45 p.m. for Closed Session. The meeting reconvened
at 10:35 p.m.
ADJOURNMENT AT 10:35 p.m. to the meeting scheduled for Thursday, August 18,
following the Redevelopment Agency meeting at 4:00 p.m. to August 23, at
7:00 p.m. and to the Council Conference of August 25, 1983 at 4:00 p.m.
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