HomeMy WebLinkAboutcc min 1983/07/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, July 12, 1983 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott,
Moore, Malcolm
Councilmembers absent: None
Staff present: City Manager Goss, 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 FOR THE MEETINGS OF JUNE 28, AND JULY 5, 1983
MSUC (Moore/McCandliss) to approve the minutes.
2. SPECIAL ORDER OF THE DAY
Mayor Cox introduced Jim Richardson, San Diego Union reporter who will be
covering the Council meetings.
3. WRITTEN COMMUNICATIONS
a. Letter regarding an incident involving Hartson's Ambulance Service (John
H. James, 142 Jefferson Avenue, Chula Vista)
Mr. H. James explained the incident which happened on April 28, 1983 whereby
he needed an ambulance due to a heart condition. He explained to the
ambulance attendants that he was retired Navy and that he wished to be
transported to Balboa Hospital since he has had this same heart condition
requiring that hospital's service in the past. Mr. James said he was not
transported to Balboa but that he was taken to Community Hospital in Chula
Vista where he went through all sorts of tests encumbering a great deal of
expense. He refused to be admitted to the hospital and went home. Mr. James
felt there should be some way to advise Hartson's ambulance personnel that
paramedics should have signed off the case and he should have been transported
by EMT ambulance to Balboa Hospital as requested.
MSUC (Malcolm/Scott) to refer this matter to staff.
Councilman Moore asked that the report include who answers the telephone calls
for ambulance calls; should the switchboard operator be prepared to make this
decision; and if Hartson's does not provide this service should they?
City Council Meeting - 2 - July 12, 1983
b. Letter requesting financial support for Chula Vista Miss Softball America
Major All Star team (Louise McMahon, 1573 Loma Court, Chula Vista)
Miss Kim McMahon, 1573 Loma Court, Chula Vista, a member of the softball
team, recalled when the team won the championship and were congratulated by
the City Council. Now they are seeking financial help to pursue another
championship. Miss McMahon added that the team "doesn't feel we should go to
another state without support of the City Council."
Mayor Cox explained the Council policy regarding community requests made after
the adoption of the budget.
MSUC (Malcolm/McCandliss) to refer this request to the Chamber of Commerce
requesting their help and support of this item.
Councilman Scott offered the assistance of the Mayor and Council in any
financial drive the team might wish to pursue.
PUBLIC HEARINGS
5. PUBLIC HEARING MODIFICATION OF OPEN SPACE MAINTENANCE DISTRICT NO. 1
AND FORMATION OF OPEN SPACE MAINTENANCE DISTRICT NO.
12 CHARTER POINT AND EL RANCHO DEL REY (City
Engineer)
a. RESOLUTION 11314 MODIFYING EXISTING OPEN SPACE MAINTENANCE DISTRICT
NO. 1 AND ESTABLISHING OPEN SPACE DISTRICT NO. 12
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt explained that Pacific Scenes, Inc., the developer of
Charter Point subdivision Units 1,2, and 3, has petitioned for formation of an
open space Maintenance District in accordance with a condition of approval of
The Tentative Subdivision Map. The land occupied by Charter Point Subdivision
is presently included in Open Space Maintenance District No. 1 as three
undeveloped parcels. Because the Charter Point open space will be maintained
by the homeowners association, the area needs to be removed from District 1.
A new district which will include only Charter Point needs to be formed to
assure that the open space will be maintained. The separate owners will not
be assessed unless the homeowner's association does not properly maintain the
open space.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
'unanimous consent, passed and approved unanimously.
Councilman Moore commented on the degree of liaison which should be
'established between the staff, the developer and the landscaping person
noting also that someone has to educate the homeowners in that area.
Councilman Moore noted the proposed construction of a masonry wall in the new
district and questioned whether contact has been made with the developer for
the wall to be graffiti proof.
City Council Meeting - 3 - July 12, 1983
4. ORAL COMMUNICATIONS
a. Henry Kohler, 1547-222 Sonora Drive, Chula Vista stated he appeared
before the Council a few weeks ago complaining of an incinerator burning
facility which may be located in the Otay dump area. The staff was
instructed to respond to him in writing; however, to date, no letter has
been received. City Engineer Lippitt explained staff contacted County
and State agencies and it does take some time to receive an answer from
them. As to SANDER, they are considering several locations throughout
the County with no definite commitment at this date.
b. David Jordan, 1550 Point Dume Ct., Chula Vista, stated that he met with
the Environmental Coordinator, Doug Reid, questioning him on the level of
pollutants, noise and any toxification related to the BKK Plant located
in Chula Vista. Mr. Reid did not have answers to any of these
questions. Mr. Jordan asked that the Council establish standards for
this City - they can get these from the State and the County in order to
give the City specific guidelines. Councilwoman McCandliss declared the
City has adopted the County and State standards and are adhering to those
guidelines. Councilman Moore indicated that it would be worth getting a
new report on the pollutants since the BKK plant came in.
MSUC(Moore/McCandliss) that the City request from the County an update on the
potential air pollutants and noise level in the industrial park area as it
pertains to the record of the immediate past: from the previous readings to
the newest readings.
Mayor Cox commented on the liquid waste that was dumped in an open pit
and allowed to evaporate (Otay dump) and asked that some comparison be
made since that time (1980/81) to now with the operation of the BKK
Plant.
c. David Foreman, 1653 Pt. Cabrillo Ct., Chula Vista expressed his views as
a member of STOP (Stop Toxifying Otay's People) regarding the proposal
for a trash to energy burning plant to be located in that area. He asked
the Council to enter into negotiations with the cities of National City,
Imperial Beach and Coronado for a resolution opposing the SANDER plant
anywhere in the South Bay.
d. J R. Norman, 908 Mission Avenue, Chula Vista, noted: (a) the daily
garage-sale taking place at 158 East "L" Street has been cited and they
will cease operation tomorrow; (b) the residents of the 900 block of
Mission Court have a difficult time gaining access onto East "L" Street
and asked for remedial action; (c) noted the mention of "LULU" at last
week's meeting and cited two "classic" examples as the traffic signals at
First and Second Avenues at East "L" Street which serve a total of four
homes.
MSUC (Malcolm/Moore) for staff to gather up all information (previously
reported on the Mission Avenue access) and include it in next week's Council
packet if possible - or if not, then the week after.
City Council Meeting - 4 - July 12, 1983
Councilman Scott commented that no action on this proposal should occur until
six months after "H" Street opens to see what effect it will have on the traffic
on East "L" Street.
e. Marie Miehls, Myra Avenue, Director of the Girls Club thanked the Council
for the $20,000 grant money which will provide landscaping at the new
facility at Gre9 Rogers Park. Mrs. Miehls presented each Councilmember
with a tee-shirt inscribed with the words "~ ant a tree and grow a
leader".
f. Mary Brooks, 311-D Rancho Drive, Brenda Maldenado, 281-B Rancho Drive,
Bob Maxwell, 473 Berland Way, Muriel Johnson, 304-D Rancho Drive,
Marshall Connor, 255-B Rancho Drive and Bud Pocklington, 656 Glover
Place, expressed their opposition to the SANDER facility being located in
the South Bay area and asked Council to take an immediate stand of
opposition.
MSUC (Cox/Malcolm) to direct staff to set a Council Conference at the regular
conference meeting in August to discuss the SANDER project, what the status is
and report back to the City Council on what's going on with it.
Mr. Bob Maxwell requested the Council to consider the development of a beach
in the Bayfront area. Mayor Cox noted the direction of the Redevelopment
Agency for staff to contact the Unified Port District requesting their
cooperation in developing a beach at the foot of "G" Street.
CONSENT CALENDAR
(Item Nos. 6-13)
MSUC (McCandliss/Scott) to approve the Consent Calendar. (Councilman Malcolm
was absent from the dais during the vote).
6. RESOLUTION 11315 AMENDING CIVIL SERVICE RULE 2.02B REGARDING VACATIONS
(Director of Personnel)
The Civil Service Rules are currently written to require that an employee must
have been off the payroll for one year in order to receive pay off of vacation
at the time of termination. This was also the vacation policy of the Plastic
Dress-Up Co. The ruling in Suastez vs. Plastic Dress-Up Co. has made the
City's current wording obsolete and unenforceable. For this reason the
Personnel Department proposed a wording change that would bring the City's
rules into compliance with that ruling. The Civil Service Commission
recommended that the rule change be forwarded to Council for final action.
7. RESOLUTION 11316 AMENDING THE ASSESSMENT FOR OPEN SPACE DISTRICT NO. 7
FOR FY 1983-84 (Director of Parks and Recreation)
On June 21, 1983 Council approved assessments for FY 1983-84 Open Space
Districts 1,2,3,4,5,6,7,8,9 and lO. As the result of a new anti-graffiti
project becoming available, an adjustment to the Open Space District No. 7
assessment is required. The resolution authorizes the adjustment of the
assessment of Open Space District No. Seven (7) from 0 to $8.36 per household
for FY 1983-84.
City Council Meeting - 5 - July 12, 1983
8. RESOLUTION 11317 AUTHORIZING ADJUSTMENT TO THE FY 1981-82
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5
CLAIM (City Engineer)
The Director of Finance has received a letter from the County Auditor
directing the City of Chula Vista to return $49,126 to the Local
Transportation Fund (LTF). This adjustment to the FY 1981-82 Article 4.5
Claim will reconcile the estimates upon which the claim was based with the
actual revenue and expenditures determined by the FY 1981-82 fiscal audit.
9. ORDINANCE 2041 ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MILES
PER HOUR ON A PORTION OF OTAY LAKES ROAD (NORTHBOUND
ONLY) - FIRST READING (City Engineer)
In response to a request from the Police Department, the Traffic Engineering
Division reviewed the roadway conditions and accident records on this segment
of Otay Lakes Road and posted the speed limit outlined below. This speed
limit has been in effect and functioning as intended for eight months. The
ordinance establishes a speed limit of 40 mph for northbound Otay Lakes Road
from Camino del Cerro Grande to a point 1,000 feet south of Camino Elevado.
10. ORDINANCE 2040 AUTHORIZING THE FINANCING OF RESIDENTIAL RENTAL
PROPERTIES THROUGH THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT BONDS - SECOND READING AND ADOPTION (City
Attorney)
The existing ordinance of the City of Chula Vista establishing an Industrial
Development Authority to issue revenue bonds for the financing of industrial
and commercial development in the interest of public health, safety and
welfare limits the scope of such projects to industrial or commercial
structures. The proposed ordinance expands the definition of "project" so
that it includes residential real property for family units for rental
purposes. At the meeting of July 5, 1983, the Council placed the ordinance on
its first reading.
Councilman Moore questioned how the staff will communicate this to potential
developers adding this was a unique method of financing. City Manager Goss
indicated he will prepare a report on this for Council.
ll. REPORT REQUEST OF CHAMBER OF COMMERCE TO HOLD "COUNTRY
FESTIVAL" (Director of Parks and Recreation)
The Downtown Committee of the Chula Vista Chamber of Commerce requested
permission to hold a "Country Festival" on July 30, 1983, featuring sidewalk
sales, entertainment, art dislplays and a Country Music Concert. They
requested a waiver of the ordinance regulating sidewalk sales for the day of
the event, use of Memorial Bowl and sweeping of the downtown area early July
29 or late July 30, 1983.
· 1"
City Council Meeting - 6 - July 12, 1983
12. REPORT COMMUNITY CONGREGATIONAL CHURCH WALK-JOG-A-THON
(Director of Parks and Recreation)
The Community Congregational Church wishes to sponsor three simultaneous
walkin9 and jo9ging events in the "J" Street Marina area. The event will be
held between 8:00 a.m. and 10:00 a.m., July 30, 1983. The sponsors estimate a
total of 50 participants, of which only 10-15 will take part in the IO-K
portion. The event is intended to raise funds for church bulletins.
13. REPORT ADJUSTMENT TO FY 1981-82 SCOOT TRANSPORTATION
DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM (City
Engineer)
The Director of Finance has received a letter from the County Auditor
directing SCOOT to return $1,501 to the Local Transportation Fund (LTF). The
revision to the FY 1981-82 Article 4.0 Claim will reconcile the estimates upon
which the allocation to SCOOT was based with the actual revenue and
expenditures as determined by the FY 1981-82 fiscal audit.
End of Consent Calendar
RESOLUTIONS AND ORDINANCES, FIRST READING
14. RESOLUTION 11318 APPROVING REQUEST TO TRANSFER WORKERS COMPENSATION
INSURANCE COVERAGE TO THE SAN DIEGO COUNTY CITIES
JOINT POWERS AUTHORITY (Director of Finance)
The San Diego County Joint Powers Authority is offering to provide Workers
Compensation Insurance with broader coverage at less cost to the City than its
present policy. The self-insured retention will be reduced from $200,000 per
occurrence to $100,000 per occurrence with the same overall limit of
$2,000,000. The annual cost would be $8,160 which is based on an estimated
payroll of $11,759,000 at a rate of .06940 per hundred of payroll.
Councilman Scott stated he is abstaining due to a possible conflict of
interest.
In answer to Councilwoman McCandliss' question, City Manager Goss listed the
City's insurance carriers and the various types of insurances.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved with Councilman Scott abstaining and
Councilman Malcolm being absent from the dais at this time.
15. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND CITY OF NATIONAL CITY FOR STORAGE OF DUPLICATE
CITY RECORDS (City Clerk)
This item has been deleted.
City Council Meeting - 7 - July 12, 1983
16. RESOLUTION 11319 AUTHORIZING REMOVAL OF PARKING AND INSTALLATION OF A
TWO WAY LEFT TURN LANE ON SOUTH SIDE OF "F" STREET
FROM THIRD AVENUE TO FOURTH AVENUE (City Engineer)
In November 1983, the parking structure in the Town Centre Redevelopment Area
will be completed. One of the two access points for the parking structure
will be on "F" Street where Landis Avenue was to the south. As stated in the
Town Centre Redevelopment EIR, the anticipated growth in "F" Street traffic
volumes and left turning traffic volumes at the parking structure entrance
will necessitate installation of a two way left turn lane and removal of
on-street parking on "F" Street from Third Avenue to Fourth Avenue.
The resolution eliminates on-street parking on the south side of "F" Street
between Third Avenue and Fourth Avenue and authorizes the installation of a
two-way left turn lane.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Mayor Cox discussed the proposal for the street widening at the intersection
of Fourth and "F" Street. Pepper trees were planted near the librarX which
disrupted staff's plans to widen the street. City Engineer Lippitt noted the
configuration explaining the FAU approval if accidents dropped to
unacceptable level, the City would be required to do something about it such
as widening the street.
MSUC (Cox/Malcolm) to ask staff to come back with a report on the accident
rate as it relates to the intersection of Fourth and "F" Street and relate
that back to the existing street conditions just eastward on Fourth Avenue.
Councilman Scott noted Fourth Avenue hasn't been "normal" for the past three
years and suggested this report wait at least six months after the entire
project has been finished.
17. RESOLUTION 11320 APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE ASSOCIATION FOR RETARDED
CITIZENS OF SAN DIEGO'S STARLIGHT CENTER FOR
TRANSPORTATION SERVICES (City Engineer)
The coordinated transportation service involving the City of Chula Vista
(HandYtrans), Starlight Center and Regional Center started on March 22, 1982.
Under this arrangement, Regional Center reimburses the City for the full cost
of HandYtrans transporting Regional Center clients to the Starlight Center
Rehabilitation Program using two Starlight Center vehicles. This amendment
~l to the agreement between the City and Starlight Center will continue the
same relationship between the City and Starlight Center for FY 1983-84,
whereby HandYtrans uses two Starlight Center vehicles as part of the
coordination project with Regional Center.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
City Council Meeting - 8 - July 12, 1983
17-A RESOLUTION 11321 APPROVING HEALTH BENEFITS ALLOWANCE FOR CITY COUNCIL
MEMBERS AND THE MAYOR
The City Council has reviewed the benefits received by Council members and
amended their plan to provide an adequate level of health protection for each
Council member and the Mayor. The annual cost of health benefits currently
provided to Council members is $1,788, out of a total possible cost of
$6,210. The proposed plan could result in a maximum cost of $6,902 or an 11%
increase over the current maximum. The 11% increase would be due to premium
increase for Travelers. If Council members who do not currently have coverage
avail themselves of the option, the cost for the year could be a maximum of
$3,610. This amount is double the current usage, but only a little over one
half the potential maximum cost of the current benefit availability.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
18. REPORT OF THE CITY MANAGER
a. MSUC(Cox/Moore) for a Closed Session at the end of the meeting for
litigation and personnel matters.
b. City Manager Goss stated he received a letter from the South Bay YMCA
requesting permission to have a 5K Fun Run using the jogging trail at the
Chula Vista Municipal Golf course this Saturday, July 16, beginning at
7:30 a.m. They were unaware that they needed permission from the City
Council to do this, hence the late request. YMCA will obtain the
necessary insurance and will be billed for Police services.
MSUC (Scott/Moore) to approve the request subject to any staff conditions.
c. Mr. Goss explained a request has been received from the Gersten Company
to run a temporary overhead power line across an open space lot for their
E1 Rancho del Rey No. 6 model homes. City Engineer Lippitt presented a
plat noting the proposed location for the overhead line. The expected
time of encroachment is 18 months. In answer to the Council's query,
City Attorney Harron explained that approval could be conditioned upon
this encroachment being a specific condition of the performance bond
which already exists.
MSUC (Scott/Moore) to approve the request subject to the specific area in the
encroachment agreement.
d. City Manager Goss announced that Mr. Paul Kincade, Senior Administrative
Analyst and retired Navy Lt. Commander has been invited to participate at
the International Conference being held at Annapolis. Mr. Kincade will
join other panelists in making a presentation based on his experiences
serving with the British Fleet during World War II.
City Council Meeting - 9 - July 12, 1983
REPORT OF CITY OFFICERS AND DEPARTMENT HEADS
19. REPORT CHULA VISTA ELKS LODGE REQUEST FOR ASSISTANCE IN THE
_,~ CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG THEIR
TELEGRAPH CANYON ROAD PROPERTY FRONTAGE (City
Engineer)
At the Council meeting of June 21, 1983, Council directed staff to
investigate a written supplemental request from the Chula Vista Elks Lodge
for assistance in the construction of street improvements along their
Telegraph Canyon Road property frontage. Their additional request was made
in part, as a response to an Engineering staff report prepared in conjunction
with the Elks Lodge original request submitted to City Council on March l,
1983. The City Engineer has reviewed the Elks Lodge original and supplemental
request as well as City recommendations contained in the June 21, 1983
report.
He recommended Council take the actions listed below to aid the Elks Lodge in
the construction of their Telegraph Canyon Road street improvements: (1)
modify the Telegraph Canyon Road typical street section between Paseo del Rey
and Old Telegraph Canyon Road along the south side to permit; (a) the
construction of monolithic curb, gutter and sidewalk with back of sidewalk 56
feet south of the roadway centerline; (b) the construction of retaining walls
as necessary to minimize the grading of the hillside adjacent to the road
improvements. To minimize costs, the sidewalk may be placed as an integral
part of the retaining wall foundation (footing); (2) direct Engineering staff
to prepare the necessary plans for the construction of the Elks Lodge
Telegraph Canyon Road surface improvements and hillside retaining walls; (3)
waive all permit fees and bond requirements associated with the Elks Lodge
request; (4) Provide Engineering inspection services at no cost to the Elks
Lodge; (5) direct Public Works staff to grade the hillside (on a maximum 1-1/2
to 1 slope) as required to allow the construction of the road surface
improvements and the retaining walls. It is suggested that no grading work be
done until such time that the Elks Lodge is ready to proceed with the
construction of these improvements; (6) fund the relocation of the traffic
signal standard (to its ulitmate position) at the southeast corner of the
Telegraph Canyon Road/Paseo del Rey intersection; (7) direct Public Works
staff to stripe the new roadway subsequent to the completion of the
improvements by the Elks Lodge.
W. L. "Doc" Goodmanson, 340 Moss Street, Chula Vista representing the Chula
Vista Elks Lodge stated they agree with the staff's report and commented on
page four of the report where the staff states the Council could direct the
footings to be bid and paid for with City funds. The estimated cost of this
is $21,300. Mr. Goodmanson requested this be done. He further commented it
would take the Elks Lodge up to three years to get fund approval stating they
must first have the final plans before application for any funding. In answer
to Council's questions, Mr. Goodmanson stated the work being done and
requested here is a prelude of an expansion of their facilities at some time
in the future. City Engineer Lippitt recommended the City not pay for the
footing at this time. As to the design, the staff will do its best to get
them out some time next year.
City Council Meeting - lO - July 12, 1983
MSUC (Scott/McCandliss) to approve the staff's recommendation. Mayor Cox
abstained from voting due to a possible conflict of interest since he is a
member of the Elks Lodge.
20. REPORT REQUEST FOR STREET VACATION, UNNAMED CUL-DE-SAC
ADJACENT TO VISTA DRIVE (City Engineer)
City Engineer Lippitt referred to his written report in which he explained
that in 1981, the 805 Properties on the north side of the road, (represented
by Mr. Gene York) requested the City vacate the subject roadway providing he
be allowed to purchase at least half of the right-of-way along the center
lane. The property owner on the south side of the roadway (Mr. Ferreira)
objected to this procedure indicating most of the roadway was obtained from
his property by CalTrans in condemnation action, and he should have a right to
purchase the entire roadway if it was not needed anymore for access. Mr. York
owns all of the properties on the north side. His ownership consists of five
separate parcels all of which require access to this road. A road may not be
vacated under State law when it is necessary for a street purpose.
Since there is no agreement by the two property owners, or an approved plan
that addresses the above concerns, the City Engineer believes it inappropriate
to hold a hearing for street vacation at this time. Should Council set a
public hearing, then the applicant will be required to pay the standard Street
Vacation Fee of $1,250.
MS(McCandliss/Malcolm) to approve the staff report.
Council discussion followed regarding the possibility of consolidation of the
lots; ingress and egress onto both properties; the ownership of the
properties; the direction at the last Council meeting whereby the Council
asked the property owners to get together and come up with a solution to the
problem.
Mr. Mike Poyner, Jenkins and Perry, 225 Broadway, San Diego, representing Mr.
Ferriera stated his client has an action plan which could solve the entire
issue. His client needs this particular street in order to increase the
acreage needed for a proposed hotel development. Mr. Poyner asked Council's
permission to use the same appraiser, Mr. Roberts, who submitted an appraisal
on the property some time ago for a new appraisal of the property in question
giving Mr. Roberts a new direction for the appraisal: to appraise the vacant
property as just a nominal sidewalk setback property and not for prime
building land - Mr. Ferriera would pay for the appraisal.
Mr. Frank Ferriera, 270 Bonita Glen Drive, Chula Vista submitted a plat of the
area noting an access point which Mr. York can use to gain the secondary
access onto his properties. Mr. Ferriera discussed the reversionary rights;
that he was offered 16 1/2 cents per square foot from the State several years
ago for this property - he sued the State in order to get a better price and
received approximately 88 cents per square-foot out of which $33,000 was paid
for attorney fees. Mr. Ferriera added he is working on a 166 unit hotel
complex and needs this proposed roadway for the property alignment. It is a
new concept in the hotel development, unique in this area and if he does not
get the roadway he may have to abandon the project.
· 1 T
City Council Meeting - ll - ~'~2b~, July 12, 1983
Mr. Gene York, 160 Brightwood Street, Chula Vista, stated the land north of
this street is owned by 805 Properties~ of ~hich hc is p~csidcnt. There was
never a condition on the zoning of his property as to consolidation of the
lots. Mr. York spoke on the Specific Plan which provides the potential for
residential uses~all his lots are legal lots and he can sell them at any time;
at one time Mr. Ferriera offered to give him 12 1/2 feet for access which is
not a legal access; there is a change in topography for this proposed
street and grading should be done; the Council must make a finding there is no
future or present public use for this particular street before they can vacate
it; if a secondary access was provided to Mr. York, he would give up the
street to Mr. Ferriera; a 24-foot paved street is a legal access.
Council discussion followed regarding the advantage of the property owners and
the City to vacate the street; the appraisal offer made by Mr. Ferriera; a
benefit to both parties to do some grading on this particular area; an
easement was reserved by Mr. York when he sold the property to Denny's;
increased traffic will be generated by the proposed developments; the
possibility of some land-locked properties; there has been no change of the
commitments of the two property owners since the last time this was before the
City Council; the possibility of having a public hearing on this item.
SUBSTITUTE MOTION: (Cox/Malcolm) to set this item for a public hearing.
Councilman McCandliss voted "no". Mayor Cox added that in the interim, he
hoped both parties will get together and solve some of these issues - being
aware of the legal constraints the City has and the constraints the individual
property owners have.
City Engineer Lippitt stated there is a fee of $1,250 associated with a
request to vacate property and questioned who was to pay for this - the City
or the property owner. City Manager Goss indicated he would have a report
back on this. As to the question of the appraisal, Mr. Goss noted it would
not be to the advantage of the City to get a lower figure. The Council
commented Mr. Ferriera could get any qualified MIA appraiser to come up with
the new figure and that the Council does not feel it is in their best interest
to give approval to Mr. Ferriera to use the City's appraiser.
21. REPORT PEDESTRIAN TRAFFIC NEAR TIDELANDS PARK (City Engineer)
At the April 26, 1983, meeting the City Council requested the Safety
Commission to review the routing of pedestrian traffic related to Tidelands
Park and the site of the formerly proposed Crystal T's restaurant. The design
of the park allowed for overflow parking from the Crystal T's site and
E1Toritos. However, pedestrian facilities were limited to the intersection
of Bay Boulevard and "F" Street to discourage people from attempting to cross
Bay Boulevard at a potentially hazardous location between the two curves.
Their recommendation was to limit the pedestrian facilities for crossing Bay
Boulevard to the intersection of Bay Boulevard and "F" Street.
City Council Meeting - 12 - July 12, 1983
MSC (Scott/Malcolm) to accept the report. Mayor Cox voted "no". Council
discussion involved the inappropriateness of having a sidewalk 100 feet ~rom
an intersection; the sidewalk should be installed where the pedestrian traffic
would go. Mayor Cox felt it was premature for the Council to take action on
this particular item until the proposed restaurant facility is developed.
22. REPORT REEVALUATION OF CITY POLICY ON PAINTED CROSSWALKS
(City Engineer)
At their May lO, 1983 meeting the City Council directed the Safety Commission
to readdress the City's policy on painted versus unpainted crosswalks. They
requested new observation on those areas where churches, social groups, or
shoppers cross the street. The Council also requested that Safety Commission
study the savings of painting one line (a stop bar only) versus two lines at
intersections. The policy on installation of pedestrian crosswalks was
adopted by Council on April 25, 1978. Since then the Traffic Engineer has
been reevaluating the crosswalks obscured by street resurfacing and
eliminating those that do not conform to the policy. The City's
auto/pedestrian accident rate has steadily decreased since the adoption of the
policy.
MSUC (Scott/McCandliss) to accept the recommendation.
23. REPORT ENFORCEMENT PROCEDURES FOR GARAGE SALES (Director of
Finance)
At the Council meeting of June 7, 1983, the Council directed staff to prepare
a report which outlines the procedures used for the enforcement of the City's
Garage Sale Ordinance. The Director of Finance has submitted this report
concluding that the Garage Sale Permit serves a very useful purpose to
citizens in the residential areas and at the same time affords protection from
those who attempt to ignore or circumvent the various provisions in the City
Code. Additional enforcement through the use of a senior volunteer on
weekends or a reserve police officer on a time-available basis would be
helpful.
MS(Scott/Cox) to accept the staff report. Councilwoman McCandliss noted the
report does not address the enforcement procedures. City Manager Goss said
the report outlines what the City is doing and they are soliciting for
volunteers. Director of Finance Grant explained the Revenue and Recovery
Officer goes out on weekends and if she finds garage sales being conducted
without a permit she sells them a permit on the spot. The Council felt this
would be a "home delivery" type service and a stiffer penalty should be
imposed to these people or a higher fee paid such as $5 or $10.
MSUC (Cox/Scott) to refer this back to staff for a report to institute a
higher fee for those people not securing a permit prior to the garage sale and
also to address the question of whether or not there should be expanded
availability of selling these permits either in the Police Department or some
other location that may be more accessible after normal work hours.
City Council Meeting - 13 - July 12, 1983
24. REPORT CLEAN-UP/FIX-UP PROJECTS AVAILABLE FOR LOCAL SERVICE
CLUB VOLUNTEERS (Director of Personnel)
Council requested staff to prepare a list of clean-up or repair projects which
could be done by local organizations as a volunteer service to the City. The
Director of Personnel submitted the list of projects for volunteer assignments
noting staff will make the list available to service clubs and other community
organizations.
MSUC (Scott/McCandliss) to accept the report.
Councilman Moore suggested the Chula Vista Promotion Coalition be used in
mailing out this information.
MSUC (Moore/Scott) authorize the City Manager to establish a laision with the
Chula Vista Promotion Coalition to assist in stuffing, addressing and
preparing this mailing for the City and to authorize certain other
enclosures.
25. MAYOR'S REPORT
a. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE (League of
California Cities)
MSUC (Malcolm/Moore) to appoint the Mayor as Delegate and Councilwoman
McCandliss as Alternate.
b. Mayor Cox reported Congress has approved $2 million for the Sweetwater
Flood Control Project. It is now waiting the President's signature.
c. The application of the 1983-84 Block Grant Funds were received today in
the amount of $930,000.
d. Mayor Cox noted the 188 acres being given by Santa Fe for wildlife
purposes on the Bayfront plus the acreage provided by CalTrans and the
City of Chula Vista-all to be reserved for fowl and marshland areas.
Mayor Cox felt it would be to the City's advantage to designate this
acreage for wildlife purposes, perhaps even having it designated as a
State Park.
MS (Cox/McCandliss) to direct staff to make contact with the appropriate State
and Federal agencies and come back with a report to the City Council for the
amount of acreage dedicated for a State Park or estuary. Councilman Scott
indicated there are some type of requirements prohibiting development within
five miles of a State designated park area.
Motion restated: MSUC (Cox/McCandliss) for staff to come back with a report to
the City Council on what the possibilities and constraints conceivably could
be if the City sought such a designation and also the procedures which would
be implemented.
City Council Meeting - 14 - July 12, 1983
26. COUNCIL CO~ENTS
a. Councilman Malcolm reported on the Legislative Committee asking for
opposition to SB 70 - (Senator Deddeh) which establishes a six-month
deadline for disability claims.
MSUC (Scott/Cox) to oppose this bill.
Councilman Moore commented the Council would be agreeable to a more reasonable
amount of time rather than the six-month period.
b. Councilman Malcolm stated he is a member of SANDAG's Offshore Drilling
Committee. They are requesting the cities to take a stand in opposition
to any drilling off the San Diego coastline.
Councilwoman McCandliss requested a presentation on this item before Council
action is taken.
c. Councilman Malcolm commented on the condition of the Golf Course asking
staff to come back with a report to see whether more personnel are
needed. City Manager Goss stated he is authorizing more part-time
personnel for the next two weeks to work on the Course.
Councilman Moore noted during the recent Budget Session, Council questioned
whether there would be a need for more personnel or more equipment - asking
that question to be answered in the report.
d. Councilman Malcolm referred to the statement that a sign has been put up
by Mr. York next to Denny's property on Bonita Road. He stated if this
sign is illegal, it should be removed from the site.
e. Councilman Malcolm referred to a letter received from Miss Teresa Thomas
regarding several items including the budget for the library, his
association with the San Diego Country Club, landscaping with Federal
Grant money and his sense of morals and ethics. Miss Thomas also
suggested increased compensation for councilpersons. He said he wrote a
letter to Miss Thomas answering her concerns. Council discussion
followed regarding letters requesting some action from the Council which
should be put on the Agenda.
City Clerk Fulasz explained the policy whereby letters requesting action are
put on the Council Agenda under Written Communications. Letters requesting no
action are given to the Council under Council Information. She noted she had
just received the letter from Miss Thomas today and has it scheduled for
Written Communications at the next meeting~
f. Councilman Malcolm said he suggested to an attorney in town to apply for
a Board and Commission vacancy. The attorney stated the requirements of
the City's Code of Ethics would prohibit him from serving on any
committee.
City Council Meeting ~ 15 - July 12, 1983
MS (Malcolm/Cox) to refer this letter to the City Attorney asking him to come
back with whatever action he deems appropriate.
City Attorney Harron explained he has been looking into the Code of Ethics and
will be proposing some amendments.
Substitute Motion: MSUC (Cox/McCandliss) to refer this letter to the City
Attorney to respond to it and provide copies to the Council.
g. Councilman Moore reported that the Fiesta de la Luna will take place on
Saturday, October 15 with a parade along Third Avenue. The festivities
will be done in conjunction with Founder's Day.
MSUC(Moore/Cox) for the City Manager to appoint a City Coordinator to maintain
a liaison with the Downtown Association and the City Council, via a Mayo~
request the Parks and Recreation Commission to assist this designated
representative with Founder's Day events as it pertains to City's
participation.
h. Councilman Moore noted at a previous Council meeting, a presentation was
made regarding the County's Air Pollution and tests being taken in this
area. The staff was to receive the results of that test;however, to
date, the report has not been received.
MSUC (Moore/Cox) for the City Manager to follow up on this and if necessary~if
there is a charge to authorize permission to pay the fee.
The Council recessed to Closed Session at 10:42 p.m. The City Clerk was
excused, the Mayor reported the meeting ended at 11:18 p.m.
ADJOURNMENT AT 11:18 p.m. to the meeting scheduled for Tuesday, July 19, 1983
at 7:00 p.m.
City Clerk
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PAG