HomeMy WebLinkAboutcc min 1983/08/02STATE OF CALIFOP~NIA ) AFFIDAVIT OF POSTING ORDER
COb~TY OF S?tN DIEGO ) ss OF ADJOURNmeNT OF MEETING
CITY OF CHULA VISTA )
I, Jennie M. Fulasz, being first duly sworn depose and says:
That I am 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 August 2, ]983
and said meeting was adjourned to t/le time and place specified in
the order of adjournment ATTACHED HERETO~
That on Wednesday, August 3, 1983 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 August 2, ]983
was held.
y Clerk
Subscribed and sworn to before me this
day of
19
Notary PtLblic in and for said County
and State of California
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday, August 2, 1983
The City Council met in the Council Chambers at the City Hall,
276 Fourth Avenue on the above date at 7:00 p.m. with the
following:
Councilmen present: Scott, Malcolm, Cox, Moore
Councilmen absent: McCandliss
ADJOURNMENT
The Mayor adjourned the meeting until Thursday, August 4, 1983
at 7:00 p.m. in the Council Chambers/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 2, ]983
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, 7:00 p.m. August 2, 1983
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Scott, Moore,
Malcolm
Councilmember absent: Councilwoman McCandliss
Staff present: Acting City Manager Asmus, City Attorney
Harron,
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 (None)
2. SPECIAL ORDER OF THE DAY
a. Introduction of Foreign Students (Doris Cox)
Doris Cox representing the International Friendship Commission, introduced the
students from Irapuato, Mexico. Mayor pro Tempore Moore, on behalf of Mayor
Cox, presented Certificates of Appreciation and pens to the following
students: Amelia Michelle Miller, Tabitha Suzanne Llera, Heather Stewart
Fithian, Zella Johnanne Giles, Helen Lynn Wheeler, Suzana Martin, Guadalupe
Irene Martinez Ruis, Maria Elena Martin Lara, Eugenia Martinez Arizmendi, Ma
de Lourdes Martinez C., and Julieta Martin.
The Mayor and Council were presented with a framed resolution and a picture of
the Irapuato City Hall from the Mayor of Irapuato, Mexico.
b. Assemblyman Steve Peace addressed the Council regarding the pollution
problems generated by the SDG&E Plant in Chula Vista. He said he
contacted Thomas Page, President of SDG&E to commit the company to
funding an appropriate study for air-monitoring and analysis in order to
determine the contribution of the South Bay power plant to the ambient
levels of product articulates. He asked the Council to also write a
letter to Mr. Page calling for their earliest possible study of this
particular problem.
Mayor Cox stated the Council received the report from the Air Pollution
Control District regarding the study made at the South Bay Plant. Since
they just received the report tonight, they have not had time to review
it.
City Council Meeting - 2 - August 2, 1983
MS (Cox/Scott) to direct staff to prepare a letter for the Mayor's signature
requesting the cooperation for support of San Diego Gas and Electric Company,
funding the study that needs to be done to determine the health consequences
if any of the items that are coming out of the stacks.
Councilman Moore noted the County must obtain the appropriate equipment
prior to the study. He would like to have included in the letter that
the County be asked when the equipment will be ready. Mayor Cox said he
will include this in the motion; Councilman Scott agreed to the second
and the motion carried unanimously.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR REMOVAL OF DENNY'S SIGN AND FUTURE NOTIFICATION OF SIGN
PROPOSALS (Sweetwater Valley Civic Association)
The Sweetwater Valley Civic Association protested the "uglification of the
gateway to the Sweetwater Valley by the enormous sign for Denny's Restaurant"
and requested Council to take immediate steps to remove the sign. Further,
the Association asked to be notified in advance of "future threats to the
Valley's environment" so they will have the opportunity of giving their input
prior to Council's decision.
Mayor Cox stated this was a noticed public hearing and the people
directly affected by the item were notified.
MS (Cox/Scott) for a letter to be sent over the Mayor's signature to the
Sweetwater Valley Civic Association explaining the public hearing procedures
and in this particular request to itemize the procedures which were followed;
further to try to answer the questions they proposed.
Councilman Malcolm noted the Council agenda and minutes are available for
subscribtion at $35 a year and suggested the Association be aware of this
service. Mayor Cox said he would include this in his motion; Councilman
Scott agreed to the second and the motion carried unanimously.
b. BUTLER'S TOWING REQUEST TO BE PUT ON TOWING ROTATION LIST (Charles
Butler/L. Kitlinger)
Butler's Bestway Towing is a new business in Chula Vista and asked to be put
on the Police's towing rotation list in order to tow for the City accidents
and impounds.
MSUC (Malcolm/Scott) to refer this to staff.
City Council Meeting - 3 - August 2, 1983
4. ORAL COMMUNICATIONS
a. Mr. Patrick Barajas, 375 "J" Street, Chula Vista stated he is again
questioning the truck route along "J" Street. He received a copy of the
staff report and felt it was not clear as to the exact length of the
route. He stated he followed trucks alon9 "J" Street which made
deliveries as far as Hilltop Drive. Mr. Barajas also noted the
pollutants from the San Diego Gas and Electric Company stating he is now
repainting his home which he felt was due to the pollutants and is
grateful that the Council and Assemblyman Peace are now doin9 something
about this problem.
City Attorney Harron explained the regulations governing truck routes in
the City noting trucks can use the "shortest possible route" to their
destination. This is what has happened in this particular case with
trucks going to Food Basket Market. Mr. Harron added there have been a
number of violations in the past few years which were prosecuted. Acting
City Manager Asmus suggested Mr. Barajas talk to both the City Engineer
and the Director of Public Safety regarding his concerns.
b. Warren A. Nielsen, 3885 Birch Street, San Diego requested the following:
(1) as a member of the Harbor View Community Council, support of a full
size park in San Diego at bayside across from Crosby Street; (2) offered
his services to the Council with the problems in getting the Local
Coastal Plan approved especially the development of Gunpowder Point;
(3) encouraged the Council to put a measure on the ballot so the people
directly involved would be able to state whether or not they want a
Convention Center on Bayfront property (as is being proposed by the
Unified Port District).
c. Mr. Tom Balestreri, representing Vista Hill Hospital asked permission to
place a temporary sign on the corner of Brandywine Avenue and Telegraph
Canyon Road indicating the hospital's location at 730 Dora Lane. He
stated the hospital will be coming to the Council shortly for permission
to erect a permanent sign. In answer to Council's questions, Mr.
Balestori stated the hospital wanted the sign (18' x 12' x 7') erected
either Thursday afternoon or Friday morning prior to the opening of the
hospital. Councilman Scott voiced his concern regarding the propriety of
requesting a sign at this particular date and in this manner without
Council having staff input.
MSUC (Scott/Cox) to allow staff the latitude of (granting) the temporary sign
at Brandywine and Telegraph Canyon Road until August 16, 1983 (at which time
it would be before the City Council for consideration).
d. Bess Pocklington, 656 Glover Place, Chula Vista stated the Air Pollution
Control report verified CEASE's suspicions that San Diego Gas and
Electric does pollute. She felt it imperative the City Council follow
through with this report since 30% of what is breathed from the pollutant
stays in the lungs of the persons who breathe it.
Mayor Cox complimented SDG&E in taking positive steps in correcting the
problem.
City Council Meeting - 4 - August 2, 1983
MSUC (Scott/Cox) for staff to get additional copies of the Air Pollution
Control report and refer this matter to the Resource Conservation Commission
for a report back to the Council with their recommendation plus a
recommendation from the staff. This is to be presented at a future City
Council meetin9.
RESOLUTIONS AND ORDINANCES, FIRST READING
5. RESOLUTION ATTACHMENT OF PERFORMANCE BOND OF C. A. REDDEN, INC.
ON OPEN SPACE MAINTENANCE CONTRACT FY 1982-83
(Director of Parks & Recreation)
MSUC (Cox/Scott) to delete this item at the request of staff.
6a. RESOLUTION 11332 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND F. MACKENZIE BROWN, SPECIAL COUNSEL IN CONNECTION
WITH THE PROPOSED ASSESSMENT PROCEEDINGS AND BOND
ISSUANCE FOR LAS FLORES DRIVE (City Attorney)
b. RESOLUTION 11333 ESTABLISHING PROCEDURE FOR PUBLIC HEARING AND NOTICE
WHERE PUBLIC CONVENIENCE AND NECESSITY REQUIRES
SPECIAL ASSESSMENT PROCEEDINGS FOR ACQUISITION OR
IMPROVEMENTS, WITHOUT COMPLIANCE WITH THE "SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931"
The passage of these resolutions would permit staff to retain Special Counsel
to provide expertise in the formation of an assessment district to finance
public improvements on Las Flores Drive. It would also establish a procedure
for public hearing and notice on the formation on this district.
Councilman Scott stated he is abstaining from discussion and voting of this
matter due to a possible conflict of interest.
RESOLUTIONS OFFERED BY COUNCILMAN MOORE, the reading of the texts were waived
by unanimous consent, passed and approved unanimously, with Councilman Scott
abstaining.
7. RESOLUTION 11334 RECOGNIZING CITY EMPLOYEES SELECTED TO RECEIVE BONUS
INCENTIVE PROGRAM AWARDS FOR JUNE 1983 (Director of
Personnel)
The Bonus Incentive Program was implemented in 1981 through the Meet and
Confer process, to recognize and reward employees for exceptional performance
to the City. The employee committee charged with selecting "BIP" recipients
has recommended seven employees to receive the award for the second half of
1982-83. Mayor Cox recognized these employees and presented each with a $250
bonus check.
· 1 '
City Council Meeting - 5 - August 2, 1983
Receiving this recognition were: Sal Cuellar, Jim Tollefson and Sue Humphrey
from the Parks & Recreation Department; Joann Evangelist from Planning
Department; Daniel Hernandes from the Library; Tim Johnston from Public Works
and Jaime San Miguel from Building and Housing.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
8. RESOLUTION ADOPTING COUNCIL POLICY FOR CITY PARTICIPATION OF
1911 BLOCK ACT PROGRAM PROCEEDINGS (City Engineer)
In his report to Council, City Engineer Lippitt explained that at the meeting
of June 21, 1983, Council directed staff to develop a policy for City
participation in the construction of improvements via the 1911 Block Act
proceedings. In particular, Council requested a policy which addressed City
assistance in the improvement of corner lots. The Engineering Department has
prepared a policy that (1) addresses the issues raised by property owners
affected by the proposed 1911 Block Act, Phase XVI project, and (2) is
consistent with other previous City actions.
Councilman Moore discussed corner lots noting the statement in the staff's
report which indicated owner's benefits are diminished to the point that no
improvements are built. He questioned whether the diminished returns on
corner lots would justify participation in the policy adding that it should be
a two-step funding responsibility. He also questioned what the responsibility
of the City and the property owner would be for a property which fronts on a
street and backs onto another street. Councilman Moore added there should be
a two-step program as far as benefits - minimal or 50/50 split and whether or
not the property hits different streets - both front and back.
City Engineer Lippitt said he has no recommendations at this point. In most
cases, the rear lots do not have access to public streets and should not be
made to participate in the policy. He asked for further time to study this.
In answer to Councilmam Scott's question, Mr. Lippitt stated there are
approximately 100 lots throughout the City which may be affected by the
policy. Councilman Scott indicated Council should be aware of the specific
number of lots affected by the policy.
Councilman Malcolm declared he is against the policy for the following
reasons: (1) it is asking all Chula Vista citizens to pay for the improvements
of someone's property that will have a greater resale value because of the
improvements; (2) citizens who get their improvements through the 1911 Block
Act are given tax exempt financing and bonding which is an additional expense
to the City.
Don and Penn~ Hibi, 1395 First Avenue, Chula Vista complained of the high cost
of putting in their improvements stating they have lO0ofeet on First Avenue
and 150ofeet on Quintard Street. It will cost them approximately $9,500
minimum to put in the improvements plus because of their unique lot, they will
be required to dig up a certain portion of the cement close to their
driveway.
City Council Meeting - 6 - August 2, 1983
Council discussion followed regarding the cost per linear foot of the
improvements (curb/gutter/sidewalks) and the amount of improvements to be put
in on Mr. Hibi's lot.
MS (Cox/Scott) to refer this item back to staff for statistical data (as asked
for by Councilman Scott) and for a further breakdown on the cost associated
with the Hibi property under this proposed policy. Councilman Scott commented
he would like to know how much is paid annually under the municipal bond plus
the number of lots that will be affected by this policy. Councilman Malcolm
asked staff to notify Council if access was provided off Quintard Street could
the Hibi property be split off in back and another home put in. Mayor Cox
said he would include this in his motion; Councilman Scott agreed to the
second and the motion carried unanimously.
9. RESOLUTION 11335 ACCEPTING GRANT OF EASEMENT FOR DRAINAGE PURPOSES
WITHIN LOT 14 OF PEPPERTREE ESTATES, MAP NO. 10592
(City Engineer)
An easement within Lot 14 of Peppertree Estates, Map No. 10592 is required for
storm drainage maintenance by City public works forces. The necessity for
this maintenance easement was not apparent until site development was
underway. The developer, ADMA, Incorporated, has granted the easement.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
lO. RESOLUTION 11336 ACCEPTING PUBLIC IMPROVEMENTS - WATER, SEWER, AND
STORM DRAIN FACILITIES, TOWN CONTRE FOCUS AREA (City
Engineer/Community Development Director)
Barron-Masanovich, A Joint Venture, completed the installation of water, sewer
and storm drain facilities for the Town Centre Focus Area. The contract was
awarded February 1, 1983 and signed on February 9, 1983. The contract
completion date, by time extension is May 9, 1983. By this resolution Council
(1) accepts the public improvements; (2) extends the contract completion date
to May 13, 1983, and imposes liquidated damages incurred between May 13, 1983
and May 25, 1983. The liquidated damages incurred as a result of the
contractor not completing the job until May 25, 1983. The estimate for this
eight-days is $1,518.78.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
lla. RESOLUTION 11337 TRANSFERRING $10,000 OF APPROPRIATED BLOCK GRANT
FUNDS TO OTAY VALLEY ROAD AREA STUDY (Community
'~ Development Director)
b. RESOLUTION 11338 AUTHORIZING A LOAN OF BLOCK GRANT FUNDS IN THE AMOUNT
OF $45,600 TO THE REDEVELOPMENT AGENCY FOR THE
PURPOSE OF CONDUCTING A STUDY FOR OTAY VALLEY ROAD
City Council Meeting - 7 - August 2, 1983
In his written report to Council, Director of Community Development Desrochers
explained as part of the Community Development Block Grant program for
1982-83, $35,600 was transferred from appropriated Block Grant funds to
conduct a study for the Otay Valley Road area. The study, in conjunction with
staff work, could possibly result in the formation of a redevelopmerit
project. An indebtedness should be established in order to receive tax
increments; therefore, a loan to the Redevelopment Agency is in order so as to
comply with State law for the receipt of such funds. The resolutions
authorize (a) transfer of $10,000 of previously appropriated Block Grant funds
from prior program years to the Otay Valley Road Project Block Grant account
to cover staff costs; and (b) loans that $10,000 amount, plus the
previously-appropriated amount of $35,600, to the Redevelopmerit Agency to be
paid back to the Block Grant fund at the established rate of interest paid by
the Agency for all such loans from the City at such time that tax increment
receipts are available.
RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the texts were
waived by unanimous consent, passed and approved unanimously.
12. ORDINANCE 2042 AMENDING SECTION 8.08.070 OF THE MUNICIPAL CODE
ADOPTING A NEW ANNUAL INSPECTION FEE FOR HEALTH
PERMITS FOR FOOD ESTABLISHMENTS - FIRST READING
(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.
MSUC (Scott/Malcolm) to place the ordinance on first reading, the reading of
the text was waived, passed and approved unanimously.
13. REPORT OF THE CITY MANAGER
a. Acting City Manager Asmus stated East "H" Street is now completed and is paved
all the way through. The street will be ready for its grand opening on
Saturday, August 20, 1983.
b. Acting City Manager Asmus submitted a status report on the "E" Street
Trolley Station study asking the Council to review this particular report
and continue action to a meeting following the Redevelopment Agency
meeting on Thursday, August 4, 1983.
MSUC (Scott/Cox) to adjourn this meeting to Thursday, August 4, 1983 following
the Redevelopment Agency meeting in order to consider this item.
c. Acting City Manager Asmus stated a tour of the BKK plant in Chula Vista
can be arranged at any time the Council so desires.
MSUC (Scott/Moore) for staff to arrange the tour for Friday afternoon
September 9, 1983. Mayor Cox stated he will have his secretary poll the
Council as to their attendance at the tour. City Manager Asmus noted the tour
will also be open to the public.
City Council Meeting - 8 - August 2, 1983
d. Mr. Asmus referred to the memo sent to the Council under Council
Information regarding the proposed Vista Way Street vacation fee
requirement. The recommendation, unless otherwise directed by Council,
is for the staff to impose the standard fee for a street vacation as
provided in the City Code ($1,190). The Council concurred with this
action.
REPORT OF CITY OFFICERS AND DEPARTMENT HEADS
14. REPORT RESIDENTIAL TELEPHONE LIFELINE SERVICE (Director of
Parks & Recreation)
Council, at the June 28 meeting, referred a proposed resolution from John S.
Holley, Chairman of the Legislative Committee for the American Association of
Retired Persons, to the Commission on Aging for review and input and they were
opposed to any Lifeline increase for seniors. The residential telephone
Lifeline service started in July 1977 by the Public Utilities Commission and
any person is eligible for this monthly service. The Director of Parks and
Recreation recommended support of Assembly Bill 1348 which calls for a
special fund to be set up and be used to reimburse the local telephone
companies, the difference between the cost per month for local service against
the Lifeline monthly service charge of $2.50. Also, the Bill calls for a
means test to limit Lifeline usage to eligible low income persons.
MSUC (Scott/Cox) to refer this matter to the Legislative Committee for a
report back.
15. REPORT ORDINANCE GOVERNING HELICOPTER RIDES IN URBAN AREAS
(Director of Public Safety)
At its meeting of June 21, 1983, Council requested a report on the process
governing helicopter rides in urban areas and a recommendation on a need to
require additional review other than approval by the Federal Aviation
Authority and Chula Vista Police Department. Council also requested a
recommendation as to whether or not the City should have an ordinance
governing helicopter landings. The Director of Public Safety, after
consultation with the Director of Planning recommended approval of those
requests which have FAA approval if the helicopter landing is not likely to
cause offensive dust or excessive noise.
MSUC (Scott/Malcolm) to accept the report.
16. REPORT TROLLEY MATTERS (City Engineer)
At its meeting on June 21, 1983, Council directed staff to investigate four
matters pertaining to the San Diego Trolley with Metropolitan Transit
Development Board (MTDB) staff. These matters were: a zone fare on the
Trolley; restroom facilities at Trolley stations; the use of audible warning
devices by freight trains and the Trolley; and landscape maintenance at
Trolley stations. Questions concerning these matters were raised in a letter
from Mr. Paul Clark and by Council. A letter was written to Mr. Tom Larwin,
General Manager MTDB, concerning these matters. Staff's report informed
Council on MTDB's response to and position on these matters.
MSUC (Scott/Malcolm) to accept the report.
City Council Meeting - 9 - August 2, 1983
Mayor Cox discussed the problem of installing restrooms noting MTDB will be
installing a concession stand at a Trolley Station south of Chula Vista and
suggested perhaps one be put in at "H" Stmet since it derives the largest
percentage of people boarding the trolley.
MSUC(Cox/Scott) to direct staff to contact MTDB and inquire whether "H" Street
would be considered for a concession stand and if so, whether restrooms could
be incorporated into the design and operation of such a stand.
17. MAYOR'S REPORT
a. Mayor Cox announced that August 12 will be "Chula Vista Day" at the
Sockers game. There will be ceremonies during the half-time play.
18. COUNCIL COMMENTS
a. Councilman Moore remarked since he has been on the SANDAG Committee, he
has noted many services offered by SANDAG which other cities have taken
advantage of for their ahnual fee paid to this organization.
MSUC (Moore/Scott) to request staff to have SANDAG give a briefing to the City
Council and schedule this at a future regular Council Conference.
b. Councilman Scott acknowledged Councilman Moore's birthday this week.
ADJOURNMENT at 8:40 p.m. to the meeting scheduled for Thursday, August 4, 1983
following the Redevelopment Agency meeting at 7 p.m. and to the regular
scheduled Council Meeting on August 16, 1983 at 7:00 p.m. Mayor Cox noted
the meeting of August 9, 1983 has been cancelled.
WPG: 0328C
PAG