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HomeMy WebLinkAboutcc min 1983/06/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, June 21, 1983 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmembers present: Mayor Cox~ M~Candliss, Scott, Malcolm, Moore Councilmembers absent: None Staff present: City Manager Goss, Assistant 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 MEETING OF JUNE 8, 1983 Councilman Moore asked for the correction of the minutes on page 12 regarding the amount of overtime in the Police Department. He asked for the following correction "how much would the overtime be reduced if five patrolmen were added to the Unit". MSUC(Cox/McCandliss) to approve the minutes as corrected. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION PROCLAIMING TUESDAY, JUNE 21, 1983 AS "COLONEL WILLIAM GREEN DICKINSON DAY" IN THE CITY OF CHULA VISTA, CALIFORNIA The proclamation was presented to the granddaughter of Mr. Dickinson. b. RESOLUTION 11269 HONORING GEORGE D. LINDBERG AT THE CONCLUSION OF HIS NINETEEN YEARS OF SERVICE AS CITY ATTORNEY OF THE CITY OF CHULA VISTA RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Mayor Cox announced that the resolution will be presented to Mr. Lindberg at his banquet to be held Thursday, June 23, 1983. c. RESOLUTION 11272 COMMENDING JOAN NICHOLSON ON THE OCCASION OF HER RETIREMENT FROM THE CITY OF CHULA VISTA RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Mayor Cox said he will present this resolution to Miss Nicholson at the banquet in her honor. City Council Meeting - 2 - June 21, 1983 3. WRITTEN COMMUNICATIONS a. VACATION OF PORTION OF UNNAMED STREET WEST OF VISTA DRIVE AND SOUTH OF 1-805 (jenkins & Perry) Michael Poynor, attorney for Frank Ferreira, requested Council consideration on what type of action should be taken on the issue of vacating the "unused and unnecessary street" owned in fee simple by the City of Chula Vista. MSUC(Moore/Scott) to refer this to staff for report and recommendation. PUBLIC HEARINGS AND RELATED RESOLUTIONS 4. PUBLIC HEARING CONSIDERATION OF UTILITY USERS TAX a. RESOLUTION 11273 ESTABLISHING THE RATE FOR THE UTILITY USERS TAX BETWEEN JULY 1, 1983 AND DECEMBER 31, 1983 This being the time and place as advertised, Mayor Cox opened the public hearing. Referring to his written report, City Manager Goss explained that on June 29, 1978, the City Council approved and adopted Ordinance 1803. This ordinance requires two public hearings be held annually, one in November and a second no later than the time the City Council schedules its public hearing for adoption of the budget. Mr. Goss discussed the amount of revenue generated by this tax and listed the eight largest commercial companies in the City subject to this tax. He recommended the City Council maintain the present tax rate. Mr. John Kolsters, 501 Anita Street, Chula Vista, stated that in past years the Council gave a 50¢ rebate per month per utility for people using utilities behind a flat rate. He considered this a very low figure considering the energy bills today and asked for an adjustment. There being no further comments either for or against, the public hearing was declared closed. Councilman Moore noted if the Council does not vote on this, the tax will automatically go to 6% addin~ that the flat rate should be considered for certain people plus a review of the 5% charge (telephone). MS (Moore/McCandliss) that prior to the November review of the Utility Users Tax staff to report on the following items (1) the number of businesses in Chula Vista that are energy extensive - not necessarily the highest utility users; (2) a review of the 5% tax on the telephone. This is to include the base for minimum income as well as how many people are involved and what it would cost. City Council Meeting 3 - June 21, 1983 Council discussion followed regarding the various aspects of the motion and the staff's problem with compiling this information. Councilman Moore stated he would split the motion. MSC(Moore/McCandliss) for a staff report on the number of businesses in the City that are energy extensive. Councilman Scott voted no. MSUC(Moore/McCandliss) for a report on whether or not an adjustment should be made on the Utility Users Tax as it relates to telephone bills and the flat rate. The report due prior to the November hearing. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent passed and approved unanimously. 5. PUBLIC HEARING CONSIDERATION OF PROJECTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1983/84 AND FOR EMERGENCY JOBS BILL PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Community Development Director) a. RESOLUTION 11274 APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 1983/84 AND EMERGENCY JOBS BILL COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS This being the time and place as advertised, Mayor Cox opened the public hearing. City Manager Goss explained on May 24, the City Council conducted a public hearing and approved Statements of Objectives for the FY 1983-84 Community Development Block Grant Program and for the Emergency Jobs Bill Community Development Block Grant activities. At that time, the City Council was informed of the specific project proposals received as a result of citizens outreach and public testimony on the objectives was taken. Subsequently, the City Council approved specific projects as part of the local budget process in the Community Promotions and Capital Improvement Projects categories. At this time, the City Council has the opportunity to accept public testimony regarding the specific Block Grant projects to be included in the final application forms to the U. S. Department of Housing and Urban Development (HUD). Mr. Goss stated his recommendation is for Council to (1) approve those Community Development Block Grant projects to be included in the final HUD application forms submittal; (2) reduce funding for the Fifth Avenue cross gutters project to $21,335. Council discussion followed regarding the recommendation for additional fire hydrants, whether or not this would reduce the insurance rates and the various sources of funding for alley improvements. Mary Kay Gill, 8665 Gibbs Drive, San Diego, Area Agency on Aging, County of San Diego, stated Chula Vista has the only informational system for seniors in City Council Meeting - 4 - June 21, 1983 the County. She discussed the State and Federal law regarding the housing industry stating developers are now penciling out construction of anything renting under $325 a month since they cannot afford to build that type of low and moderate housing. She asked for consideration of funding housing because it "fills the need". Anne Fabrick, 501-2 Anita Street, Chula Vista, Senior Advisory Council, spoke in support of the Senior Information Center, the Del Rey Nutrition Center, Meals on Wheels and Shared Housing. In answer to Councilman Malcolm's question Mrs. Fabrick indicated there is no procedure for requiring the Senior citizens who come into the Del Rey Center to prove they live in Chula Vista. Maggie Helton, 162 Mankato Street, Chula Vista, responded to the question stating the majority of the Del Rey Nutrition Program is funded by the Sweetwater High School. The cost to Senior Citizens living on fixed income has gone up considerably. Most of these people are in need of the nutrition service; however, those that can afford it come because of the social aspects of the program which is extremely important to senior citizens. Mrs. Helton also supported the shared housing program and the program called Kinesis South. Speaking in support of funding Kinesis South - Mental Health Systems were Niki Lund, 3420 Camino del Rio, San Diego, Alice Courteau, 6357-4 Rancho Mission Road, San Diego, Linda Gentz, Chula Vista, David Wehrle, 3738 1/2 Villa Terrace, San Diego. The proponents outlined the operation of the Center; how many people are served and the percentage of clients that are returned to the job market. The funds would be used for their "Thanks-A-Bunch" flower business - a one time funding for purchase of a truck, refrigerator for their flowers and printing for their brochures. Cheryl Foster, 8808 La Mesa Boulevard, La Mesa representing the Hallelujah Corporation related their proposal for a request of $75,000, a one-time funding in order to set up a business in Chula Vista (a deli) to train people (the unemployed) and put them back into the job market. Mr. A. L. Filipponi, 1414 Monument Hill Road, E1 Cajon, said he started a doughnut shop business in E1 Cajon 7-1/2 years ago which was the start of the Hallelujah Corporation program. Mr. Filipponi remarked he was approached by Sweetwater Union High School requesting he start the deli business in this City in order to train and put into the job market the students at the Del Rey Nutrition Center. John Kolsters. 501 Anita Street, Chula Vista, reported there have been three public hearings held in Chula Vista with Representative Duncan Hunter regarding the housing market for Senior Citizens and moderate income people. Mr. Kolsters stated there will never be a shared housing program in the mobilehome parks. Mobilehome parks are governed by the State and laws must be changed to effect this program. He said Chula Vista could help by funding the "mama and papa" parks where tenants own or rent their own mobilehomes. City Council Meeting 5 ' June 21, 1983 Council discussion followed during which Councilwoman McCandliss felt the two programs, Hallelujah and Kinesis, were worthy of consideration and asked for a -~ more detailed report of the breakdown of costs from these two agencies. Councilman Moore indicated he was against funding additional human services this evening; there was just a certain amount of money in the budget for Community Promotions and in order to fund these agencies Council may have to delete funding of other Community Promotions that were approved last week. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. Further Council discussion ensued regarding the amount of money funded under Block Grant funds to the various human services organizations; the need to move forward on the budget; requirement for 4/5's vote of City Council for additional appropriations; some of the figures in the Block Grant funding are "flexible" and could be changed. SUBSTITUTE MOTION: MS (Scott/Malcolm) to hold this over for one week and have staff come back with a possible standby appropriation. Pending further Council discussion, Councilman Scott withdrew his motion and Councilman Malcolm withdrew his second. The offer of the resolution passed with Councilman Malcolm voting no. MSUC(McCandliss/Scott) for staff to work on preparing a mechanism or some way of handling the reserve monies that may develop in the Community Promotion or Community Block Grant program during the coming year and at the same time encourage the two groups to file a formal proposal with the City. 6. PUBLIC HEARING ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 1984 (Director of Finance) a. RESOLUTION 11275 ADOPTING AN APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 1984 This being the time and place as advertised, Mayor Cox opened the public hearing. City Manager Goss explained Government Code Section 7910 which requires each local government to establish its Gann (Article XIIIB of the California Constitution) appropriations limit by resolution each year at a regularly scheduled meeting or noticed special meeting. His recommendation is for Council to establish an appropriations limit of $23,543,017 for the 1983/84 fiscal year. There being no comment, either for or against, the hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 6 - June 21, 1983 7. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE BUDGET FOR FISCAL YEAR 1983-84 WHICH INCLUDES THE UTILITY USERS'TAX, ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDING 6/30/84 AND THE PROPOSED USE OF $1,460,665 OF GENERAL REVENUE SHARING FUNDS (City Manager) a. RESOLUTION 11276 APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE CITY OF CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY 1, 1983 AND ENDING JUNE 30, 1984 AND THE PROPOSED USE OF $1,460,665 OF THE GENERAL REVENUE SHARING ENTITLEMENTS This being the time and place as advertised, Mayor Cox opened the public hearing. City Manager Goss announced the City Council has reviewed the proposed 1983-84 operating and capital budgets through a series of budget review workshops. In accordance with the City Charter, a public hearin9 is now required to consider the general City budget and proposals relating to the expenditure of revenue sharing monies. The "all-funds budget" totals $23,860,776. Mr. Goss listed the number of additional services in the budget and the items pending staff consideration for next year. He then submitted corrected statistics for the budget and the library funding act expenditures. Mr. Goss discussed the Street Sweeping Program stating the report is still pending and will be submitted to the Council shortly. In answer to the Mayor's question, Mr. Goss said he had no information on what San Diego City did on the Astrea Helicopter funding. There being no further comments, either for or against, the hearing was declared closed. Council discussion followed regarding the Street Sweeping Program and the need for a 4/5's vote to appropriate additional funding. City Manager Goss noted this report will be ready for Council consideration about the middle of July. Assistant City Attorney Harron stated a 4/5's vote of the City Council is needed for appropriations based on Charter provisions. He agreed an appropriation for street sweeping could be made this evening subject to the contract when it comes in. Councilman Scott stated he is abstaining on the Street Sweeping Program due to a possible conflict of interest;however, not on the 4/5's vote consideration. City Manager Goss suggested the addition of $25,000 to the Public Works Operation Budget to be used at a later time for additional street sweeping. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 7 - June 21, 1983 8. PUBLIC HEARING CONSIDERATION OF MODIFICATION TO RANCHERO SECTIONAL PLANNING AREA PLAN EL RANCHO DEL REY (Director of Planning) a. RESOLUTION 11277 APPROVAL OF MODIFICATION TO RANCHERO SECTIONAL PLANNING AREA PLAN - EL RANCHO DEL REY This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee submitted plats noting the location of the sectional planning area explaining the applicant's request for a modification to the Ranchero Sectional Planning Area (SPA) plan which was approved by the City Council in 1980 (Resolution No. 10102). The modification consists of changing the structure type for 76 lots (lot III through lot 186 of the E1 Rancho Del Rey Unit No. 6 subdivision from single family attached dwellings with a common lot line (couplets) to single family detached dwellings with one side of structure located on the side property line (zero lot line construction). On April 13, 1983, the Planning Commission unanimously recommended approval of the modification to the Ranchero Sectional Planning Area plan in accordance with their Resolution PCM-83-4. Mr. Dick Brown representing the owners of the property, related the reason for the change in the plan was due to the market survey. The developers wanted to build the lowest priced units as possible for the first time buyers and that is the reason for the smaller size in the housing units. It was important to split the units so these people could have privacy since so many of them have children. There being no further comments, either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. PUBLIC HEARING 1911 BLOCK ACT, PHASE XVI (City Engineer) This being the time and place as advertised, Mayor Cox opened the public hearing. City Engineer Lippitt reported the engineering staff mailed to the owners and delivered to the tenants a formal "Notice to Construct" for the installation of improvements. Property owners have a 60-day period in which to construct their improvements after receipt of the formal "Notice to Construct". Any properties which remain unimproved at the end of the 60-day period will be improved through a common contract let by the City unless the City Council, through tonight's action, chooses to waive the installation of the improvements. The "Notice to Construct" was delivered on May 26, 1983, and the end of the 60-day period will be July 25, 1983. City Council Meeting ' 8 ' June 21, 1983 Mr. Eugene Vincent, 284 Naples Street stated he is speaking for Elizabeth Lee, owner of the property at 745 Third Avenue. Two years ago, Engineering staff quoted her a figure of $3,800 to put in these improvements and now the price is $6,860. He added Mrs. Lee finds it financially difficult at this time. Mr. and Mrs. Hibi, owners of the property at 1395 First Avenue (a corner lot) stated they were concerned about the cost and questioned whether Quintard could be done at the same time. Mr. Hibi said several years ago City staff cut down a portion of his embankment which has now eroded and any dirt from the improvement in this area be put back onto his bank. Mr. Hibi also questioned his property line from the sidewalk. City Engineer Lippitt stated that Mr. Hibi's property is a corner lot. If he wished to have the improvements also on Quintard, he must pay an additional $8,000. Mayor Cox felt the two people testifying this evening had specific concerns and asked staff to come back with a policy regarding corner properties. There being no further comments, either for or against, the public hearing was declared closed. MSUC(Cox/Malcolm) to approve the staff recommendation and to proceed with the 1911 Block Act. MSUC(Scott/Cox) before anything is done as far as the 1911 Block Act, that the questions asked tonight be brought back to the City Council prior to institution of the 1911 Act. Councilman Moore cautioned the staff to maintain a very close liaison with the residents in the areas. 10. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR FORTY-ONE MADISON, CHULA VISTA, TRACT 83-1 WESLEY FRANCIS AND MARIE SACKETT (Director of Planning) a. RESOLUTION 11278 APPROVING THE TENTATIVE SUBDIVISION MAP FOR FORTY-ONE MADISON, CHULA VISTA TRACT 83-1 - WESLEY FRANCIS AND MARIE SACKETT This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee explained the applicant has submitted a tentative subdivision map known at Forty-One Madison, Chula Vista Tract 83-1 in order to convert an existing five unit apartment complex into a one lot condominium project at 41Madision Avenue in the R-3 zone. On May 25, 1983, the Planning Commission recommended approval of the tentative subdivision map in accordance with their Resolution PCS-83-1. There being no comments either for or against, the public hearing was declared closed. City Council Meeting 9 - June 21, 1983 RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Mayor Cox requested the status of the Starlight Center report. City Manager Goss responded a report will be ready for the Council meeting of June 28 and the Executive Director of the Center will be asked to be present at that time. 11. ORAL COMMUNICATIONS a. Mr. Henry Kohler, 1547-222 Senora Drive, Chula Vista, President of the Homeowners Association Council, read a petition asking the Mayor and Council to follow the examples of National City and Imperial Beach and not locate any Trash-to-Energy plants in the South Bay Area. b. Mr. John Billups and Barbara Billups, 134 Ranier Court and Donald Miller, 136 Ranier Court, Chula Vista, presented a petition of over 700 signatures requesting a stop light at the intersection of Orange and Max Avenues and introduced Michelle Billups, a victim of an accident at that area. MSUC(Malcolm/Scott) to refer this matter to staff and the Safety Commission. Mayor Cox remarked that anyone wanting to be apprised of the report to notify the City Clerk. c. Patricia Porter, 418 I Street, Chula Vista, shared information concerning a guest she had from Baltimore, Md. This guest lives lO miles from a trash-to-energy plant and complained of the smell and the noise associated with the plant. d. Mr. Paul Clark, San Ysidro, asked for (1) a pro-rated trolley fare; (2) portable rest rooms in the trolley station; and (3) a stop on the railroad trains blasting their whistles especially between 1:00 a.m. and 4:30 a.m. Councilman Scott noted the need for landscaping improvements around the trolley stations. MSUC(Cox/Scott) to refer to staff the items mentioned by Mr. Clark and also the landscaping. e. Bob Maxwell, 473 Berland Way, submitted information sheets to the Council regarding the Air Pollution Control District meeting and requested use of the City Council Chamber for a meeting on acid fog and rain. Mayor Cox asked Mr. Maxwell to see the City Manager about the use of a City facility for the meeting. Mr. Maxwell also presented information concerning his idea of a motto for Chula Vista:"Chula Vista Cares". A recess was called at 9:55 p.m. and the meeting reconvened at 10:07 p.m. With the concurrence of the Council Mayor Cox moved Item 31 be moved up at this time. City Council Meeting lO - June 21, 1983 31. 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 March 11, 1983, Council directed staff to investigate a request from the Chula Vista Elks Lodge for assistance in the construction of street improvements along their Telegraph Canyon Road property frontage. Staff completed this investigation and has prepared a report listing five actions relative to the Elk's request. Mr. W. L. Goodmanson, representing the Elks Lodge presented the following three considerations: (1) special paint needed for safety striping of roadway; (2) assist in construction of a retaining wall - City to pour the cement footings and sidewalk to be poured as integral part of footings; (3) no bond requirement. City Engineer Lippitt stated he has not seen these items prior to the meeting and he cannot respond. MSUC(Scott/Malcolm) to hold this item over and have the Citv Enqineer review it and see what the additional costs will be. The report due in three weeks. Councilman Moore voiced his concern regarding various aspects of the request: what the repercussions will be with the bond requirement; on the pouring, whether the only City labor involved would be the truck driver. CONSENT CALENDAR (Items 12-21). MSUC (McCandliss/Moore) to approve the Consent Calendar. 12. RESOLUTION 11279 ACCEPTING BIDS AND AWARDING CONTRACT FOR ONE CAB AND CHASSIS TRUCK WITH DUMP BODY (Director of Public Works Operation/Purchasing Agent) Bids were received on June 6, 1983, for one cab and chassis truck with 6 cubic yards dump body. The truck is for use by the Street Division. The recommendation is that Council accept the bids and award the contract to Dion International Trucks, Inc., low bidder, in the amount of $31,962.00. 13. RESOLUTION 11280 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC EMULSIONS (Director of Public Works Operations/Purchasing Agent) Bids were received on June 6, 1983, for furnishing RS-2 asphaltic emulsions with latex to the City of Chula Vista for the period July 1 through September 30, 1983. The recommendation is that Council accept the bids and award the contract to Sim J. Harris Co., low bidder, in the amount of $179.73 per ton. City Council Meeting ll ' June 21, 1983 14. RESOLUTION 11281 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC CONCRETE (Director of Public Works Operations/Purchasing Agent) Bids were received on June 6, 1983, for furnishing asphaltic concrete to the City for the period July l, 1983, through December 31, 1983. An estimated 3,800 tons of materials will be picked up at the vendor's plant by City trucks. Bids were requested for a six-month period due to fluctuating material costs. The recommendation is that Council accept the bids and award the contract to Sim J. Harris Co., low bidder, in the amount of $87,700.00. 15. RESOLUTION 11282 ACCEPTING BIDS AND AWARDING CONTRACT FOR SCREENINGS (STONE CHIPS) (Director of Public Works Operations/Purchasing Agent) Bids were received on June 6, 1983, for furnishing screenings (stone chips) to the City for the period July 1 through December 31, 1983. The recommendation is that Council accept the bids and award the contract to Sim J. Harris Co., low bidder, in the amount of $10.93 per ton. 16. RESOLUTION 11283 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTHERN CALIFORNIA GAS COMPANY, PACIFIC TELEPHONE AND TELEGRAPH COMPANY, GENERAL TELEPHONE COMPANY OF CALIFORNIA AND SOUTHERN CALIFORNIA EDISON FOR THE ONE CALL CENTER AGREEMENT WHICH MAKES THE CITY AN ASSOCIATE PARTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (City Engineer) On September 28, 1982, the Governor signed Assembly Bill No. 3019 which required all agencies that have underground facilities within the public right-of-way to become a member of a regional notification system and share in its cost. The City has hundreds of miles of sewers, storm drains, street light and traffic signal conduits, and irrigation systems within the streets. The City therefore is mandated by the State to join a regional notification system by July 1, 1983. MSUC (Scott/Malcolm) to file a claim on this item. 17. RESOLUTION 11284 APPROVING SEWER REPAYMENT DISTRICT FOR PROPERTIES ON THE NORTH SIDE OF O0 BLOCK OF EAST "H" STREET (City Engineer) Mr. and Mrs. Steven Tatreau, the owners of the property at 35 East "H" Street have recently had an eight-inch sewer main extended across East "H" Street to serve their property. They have paid all the costs of construction of this sewer. In October of 1982, the owners submitted a letter of intent to establish a repayment district as soon as all bills were submitted and paid. They have provided the Engineering Department with sufficient documentation regarding the construction costs they incurred. They would now like to have the repayment district formed. City Council Meeting 12 ' June 21, 1983 18. RESOLUTION 11285 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED AT 452 CASSELMAN STREET - LUIS I. AND SHIRLEY URQUIDI (City Engineer) The owners of the property at 452 Casselman have submitted documents providing for dedication of street right-of-way along their frontage. This right-of-way is needed for the installation of public sidewalk which will be required in conjunction with additional development of their property. The Urquidi's have executed their portion of the grant of easement form. It is now appropriate that Council accept their right-of-way, dedicate it and name it as Casselman Street. 19. RESOLUTION 11286 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED APRIL 19, 1983 PREPARED PURSUANT TO RESOLUTION NO. 11206 APPROVED PURSUANT TO RESOLUTION NO. 11245 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1983; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1983 THROUGH JUNE 30, 1984. CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1983-1984. (City Engineer) (Continued from June 7, 1983 meeting) At the Council meeting of June 7, 1983, a protest from RISI Incorporated (the owner of the property at the southwest corner of Bay Boulevard and "F" Street) was upheld by Council. Council continued the item for two weeks and directed staff to return with a resolution deleting that property from the Assessment District and making any other adjustments necessary. 20. ORDINANCE 2036 AMENDING SECTIONS 19.14,582 AND 19.14.583, REPEALING SECTION 19.14,585 OF CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL CODE TO PROVIDE FOR CONSOLIDATION OF THE DESIGN REVIEW COMMITTEE AND THE DESIGN REVIEW BOARD AND APPOINTMENT OF A NEW MEMBER - SECOND READING AND ADOPTION (Director of Planning) 21. ORDINANCE 2037 AMENDING SECTION 5.38,020 F OF CHAPTER 5.38 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SECONDHAND DEALERS SECOND READING AND ADOPTION (Assistant City Attorney) End of Consent Calendar City Council Meeting ' 13 ' June 21, 1983 RESOLUTIONS AND ORDINANCES, FIRST READING 22. RESOLUTION 11287 EXTENDING TIME FOR EXECUTION OF NEW MEMORANDA OF UNDERSTANDING FOR FY 1983-84 WITH ALL EMPLOYEE BARGAINING UNITS AND PROVIDING THAT THE TERMS AND CONDITIONS OF SAID NEW MEMORANDA OF UNDERSTANDING BE RETROACTIVE TO THE FIRST PAY PERIOD IN FY 1983-84 (City Attorney) The present negotiations have not resulted in any final determinations on the Memoranda of Understanding for the employee bargaining units. Therefore, it is desirable that current Memoranda of Understanding be extended and that those adjustments in salaries and other employee benefits, if any, become effective retroactive to the first pay period in July 1983. RESOLUTION OFFERED BY COUNCILMAN MALCOM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 23. RESOLUTION 11288 ACCEPTING BIDS, AWARDING CONTRACTS, AND SETTING ASSESSMENTS FOR OPEN SPACE DISTRICTS NOS. 1 THROUGH lO (Director of Parks and Recreation) Bids to provide landscape maintenance in Districts l, 2, 3, 5, 6, 7, and 9 were let out on May 8, 1983 and received on June 1, 1983. A provision in the contracts awarded on June 22, 1982, to Cal/Scape Maintenance Co., Acacia Landscape Co., and Environmental Care Inc. (Open Space Districts No. 4, 8, and 10 respectively) allowed for an extension of their contract. The recommendation is to: (1) extend the contract for maintenance of Open Space Districts Nos. 4, 8, and lO to Cal/Scape Maintenance Co., Acacia Landscape Co. Environmental Care Inc., respectively; (2) accept bids and award contracts to the following low bidders: Cal/Scape for District Nos. 1, 2, 3, 5, 7, 9 and Rain-Rite for District No. 6; (3) direct City Engineer to spread the required amounts in accordance with respective Open Space District assessment rolls. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 24. RESOLUTION 11289 ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO MODIFY THE EXISTING CHULA VISTA OPEN SPACE DISTRICT NO. 1 AND TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NO. 12 AND SETTING THE TIME AND PLACE FOR HEARING THEREON (City Engineer) 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 City Council Meeting - 14 June 21, 1983 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 homeowners association does not properly maintain the open space. Council discussion followed concerning City policy involved in the bidding process for open space districts. MSUC(Cox/Scott) for staff to look into putting all of the (open space districts) to bid. Councilman Moore said he had several concerns regarding the open space districts; for staff and developer to work closely together; for the City Manager to provide the managerial techniques necessary to improve the internal process of open space districts as new ones come forth. 25a. RESOLUTION 11290 ACCEPTING GRANTS OF EASEMENT AND BILLS OF SALE FOR SEWER FACILITIES WITHIN TERRITORY OF THE SAN DIEGO UNIFIED PORT DISTRICT (City Engineer) b. RESOLUTON 11291 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE OPERATION AND MAINTENANCE OF SEWER AND SEWER PUMP STATIONS (City Engineer) In December 1980, representatives of the San Diego Unified Port District and the City met to discuss the possibility of maintenace of two District-owned sewer pump stations on Chula Vista tidelands by the City. That proposal has gone through considerable evolution during the design and construction of the facilities and documents. The facilities are not complete; however, documents providing for the City to accept the facilities and appropriate easements and an agreement setting forth the mutual responsibilities of the City and the District have been prepared by the respective staffs and are submitted for approval by Council. RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts were waived by unanimous consent, passed and approved unanimously. 26. RESOLUTION 11292 ENDORSING THE TELEGRAPH CANYON CREEK FLOOD CONTROL PROGRAM UNDER CONSIDERATION BY THE U. S. ARMY CORPS OF ENGINEERS (City Engineer) Over a period of approximately ten years, the City has cooperated with the County of San Diego and the U. S. Army Corps of Engineers to bring about construction of a flood control project in the lower reaches of Telegraph Canyon Creek. Hearings have been held, studies made and options selected. In 1976 (Resolution 8015), the City Council endorsed the concept of the project. City Council Meeting 15 ' June 21, 1983 Subsequent to the action, the Corps has further refined the concept. In view of the modifications to the conceptual plan which have evolved, and the considerable time which has passed since the Council's 1976 action, the Corps has requested that local support of the project be reaffirmed. Direct reaffirmation to the Corps will be provided by the County which is acting as the local sponsor in this matter. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 27. ORDINANCE 2038 AMENDING SECTION 8.34.020 OF CHAPTER 8.34 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE REGULATION OF HAZARDOUS MATERIALS - FIRST READING (City Attorney) The City Council adopted Ordinance No. 2020 incorporating the County ordinance relating to the regulation of hazardous waste materials, and subsequent thereto, Ordinance No. 2023 providing a termination date of July 1, 1984 based upon concern over the possible lack of uniformity in establishing procedures and standards for hazaradous waste materials throu9hout the County. The County now intends to carry out the hazardous waste surveillance program whether or not the cities adopt the ordinance. Therefore, a new ordinance has been prepared which incorporates the County ordinance as well as amendments to the disclosure ordinance of the County establishing certain exemptions of materials as directed by the Board of Supervisors. MSUC (Cox/Moore)to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. 28. REPORT OF THE CITY MANAGER a. In response to Council's concern, the City Manager stated the County will refrain from pulling trees out of the County Park until such time as that item is before Council for consideration. REPORT OF CITY OFFICERS AND DEPARTMENT HEADS 29. REPORT AMERICAN DIABETES ASSOCIATION REQUEST TO STAGE ANNUAL BIKE RIDE AGAINST DIABETES (Director of Parks and Recreation) The American Diabetes Association has requested permission to stage its lOth Annual McDonald's Bike Ride against Diabetes on Sunday, October 2, 1983. This annual event requires no City funds, support or personnel. The American Diabetes Association will provide a Certificate of Insurance naming the City as an additional insured in the amount of $1 million dollars. Neither the Police Department nor Traffic Engineering interpose any objections. MSUC (Cox/Malcolm) to approve the request. City Council Meeting ' 16 ' June 21, 1983 30. REPORT CONSIDERATION OF WAIVER OF CONDITIONAL USE PERMIT FEES - COUNTY OF SAN DIEGO PARKS AND RECREATION (Director of Planning) The County of San Diego Parks and Recreation Department has requested a waiver of the application fee for a conditional use permit ($750) and Initial Study ($400) submitted for the construction of two lighted softball fields, a concession stand and additional parking within the Sweetwater Regional Park located at 4370 Sweetwater Road immediately west of Rohr Park. The recommendation is that Council approve the waiver of the application fee. MSUC (Malcolm/Scott) to approve the request. 31. REPORT CHULA VISTA ELKS LODGE REQUEST FOR ASSISTANCE IN THE CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG THEIR TELEGRAPH CANYON ROAD PROPERTY FRONTAGE (City Engineer) See page lO of the minutes. 32. REPORT VISTA HILL HOSPITAL REQUEST TO WAIVE FEES FOR THE USE OF PARK WAY GYM (Director of Parks and Recreation) Vista Hill Hospital has requested the use of Park Way Gymnasium on July 30, 1983 from 5:30 p.m. to 8:00 p.m. for a Jazzercise demonstration to raise funds for the Hospital's Recreation and Occupational Therapy Department. The recommendation is that Council grant a waiver of rental fee of $75.00 and not staff cost of $15.00. MSUC (Mc/Candliss/Cox) to approve the request. 33. MAYOR'S REPORT a. Mayor Cox discussed the complaints he received regarding the helicopter landings in conjunction with a KOGO TV promotion deal at Fuller Ford (car dealer) on Broadway over the last weekend. MSUC(Cox/Scott) for staff to report back on the approval process necessary for helicopter rides in urbanized areas and recommended to Council any need to require any additional review other than the Federal Aviation Agency (FAA) approval and San Diego Police Department approval. Also for a recommendation as to whether or not the City should have an ordinance. Mayor Cox asked the City Clerk to notify Margaret Tuite, 734 Ash Avenue of the report when this comes in. b. Mayor Cox reported the LAFCO Board of Directors will be considering the Eastlake Annexation (First Phase) the second week in July. MSUC (Cox/Malcolm) for staff to prepare a resolution supporting the Eastlake annexation. City Council Meeting -17 June 21, 1983 c. Mayor Cox asked the Council members to notify the City Clerk of their vacation schedules. 34. COUNCIL COMMENTS a. In answer to Councilwoman McCandliss' query, Mayor Cox stated that interviews for the Planning Commission and other Commissions will be scheduled after July 1. b. Councilman Scott questioned the status of locating the paramedic unit in the Bonita/Sunnyside District facility. Mayor Cox commented that a meeting was scheduled; however, it was cancelled. c. Councilman Scott asked the status of the City Attorney applications. City Manager Goss responded that advertisement has taken place and the deadline date is some time in the middle of July. At this time no assessment center date has been scheduled. d. Councilman Malcolm reported on AB 260 and SB 24X regarding retirement debt property tax override. MSUC (Malcolm/Moore) to write a letter to the Senators and Assemblymen expressing Council's support of AB 260 and SB 24X. e. Councilman Moore expressed his concern over the Joint Several Liability letters that were to be sent out over the Mayor's signature and asked for the status of those letters.The Mayor stated the letters have been sent. f. Councilman Moore reported on the action of the Unified Port District regarding the "D" Street fill in the Tidelands area. A portion of the Port District's plan will now be a part of Chula Vista's Local Coastal Plan. ~ .... :., g. Councilman Moore discussed the Community Promotional Program stating he would like to know what the City ordinance regulations are as they pertain to the use of front yard setbacks. He has been receiving complaints and has seen potential violations of campers and trucks, etc., parked in front yards, driveways and in streets in front of private residences. MSUC (Moore/Scott) for the City Manager to review this ordinance and report back to the City Council as it pertains to front yards, side yards, driveways, curbside restrictions, vehicles, boats, junk, trash, camper shells, etc., and report whether the City has a sufficient ordinance to enforce this particular program. h. Councilman Malcolm asked the status of the grading being done west of I-5. Mayor Cox answered that it is part of the Sweetwater Flood Control project. The Senate did not include in their Appropriations Committee the 4.9 million dollars for this project. They have recommended that it come back to a full Senate next week. Mayor Cox commented on the other opportunities to see the funds included back in the budget bill. City Council Meeting 18 - June 21, 1983 i. Mayor Cox announced that the Coastal Commission has considered the Caltrans permit for widening of I-5. He received a call from Mr. Fisher from Caltrans stating that the Coastal Commission approved the recommendation as presented by their staff. At this time, Caltrans attorneys would not allow them to sign the document since it is based on the condition that if Caltrans did not follow through and complete the project they would still be obligated to provide the 276 acres of mitigation, do the marsh restoration, and clean out the area immediately adjacent to west of I-5. ADJOURNMENT AT 10:55 p.m. to the meeting scheduled for Tuesday, June 28, 1983. City CleMrkFULASZ' WPG:0308C PAG 0