HomeMy WebLinkAboutcc min 1983/02/15 MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
-~
Held Tuesday, February 15, ]983
The City Council met in the Council Chamber at the Public Services
Building, 276 Fourth Avenue on the above date at 7 p.m. with
the following
Councilmen present: Mayor Cox, McCandliss, Scott, Malcolm, Moore
Councilmen absent: None
ADJOURNMENT
The Mayor adjourned the meeting at 9 p.m. until Thursday,
Redeve]0pment Agency Meeting
February 17 f0]]0wing / at 4 p.m. in the Council Conference
Room, City Hall, 276 Fourth Avenue, Chula Vista, California.
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO
HEREBY CERTIFY that this is a full, true and correct copy of an order
by the City Council at the meeting of February ]5, ]983
STATE OF CALIFOP~NIA AFFIDAVIT OF POSTING ORDER
COUNTY OF S~ DIEGO ss OF ADJOUP~N~.~ENT OF MEETF~G
CITY OF CHULA VISTA
I, Jennie M. Fulasz, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the re9u]ar meeting of the Cottncil of the City of
Chula Vista was hel. d Tuesday, February 15, ]983
and said meeting was adjou. rned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on Wednesday, February 16, 1983 at the hour of ]] :]5 am
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 February ]5, ]983
was held.
S~tbscribed and sworn to before me this
,
day of
19
Notary PtLblic in and for said County
and State of California
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday February 15, 1983 Council Chamber
7:00 p.m. Public Service Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers McCandliss,
Scott, Malcolm, Moore
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney
Lindberg
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 January 27, and February 8, 1983
MSUC (Cox/Moore) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY (None)
3. WRITTEN COMMUNICATIONS
a. Request from Elder Dale Kome, Pastor Chula Vista Reorganized Church of
Jesus Christ of Latter Day Saints urging Council's support of responsible
reduction and eventual elimination of nuclear armaments
Councilwoman McCandliss motioned for a resolution expressing support of
international nuclear disarmament. The motion died for lack of a second.
MSC(Malcolm/Scott) to file the request. Councilwoman McCandliss voted "no".
PUBLIC HEARING AND RELATED RESOLUTIONS
4. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 115 ON "L" STREEET FROM COLORADO AVENUE
TO BROADWAY (City Engineer)
This being the time and place as advertised Mayor Cox opened the public
hearing.
The Underground Utility Advisory Committee at its meeting on January 5, 1983,
discussed the possibility of forming an underground utility district along "L"
City Council Meeting - 2 - February 15, 1983
Street from Colorado Avenue to Broadway. The reason for the district is to
coordinate the undergrounding of utilities required from a developer in the
area as part of building permit approval. The Developer, Dan Building
Company, is proposing to construct two office buildings at 670-680 "L" Street
and was required by City Council to underground utilities along the properties
with "L" Street frontage.
Director of Engineering John Lippitt stated the district was conceived as a
solution to a underground deferral request from Dan Building Company on "L"
Street easterly of Industrial Boulevard. As a solution to that deferral which
was not granted, a reduced amount was allowed to be contributed by Dan
Building Company as part of an overall undergrounding district. Mr. Lippitt
showed a plat of the district area noting that two poles on the north side of
the street will not be included in the district and will not be visually
impacted by the overall district. All property owners on the north end of the
district would be required to convert their facilities to receive underground
service at their own expense. This district will have no further expenses,
residential or commercial except for Dan Building Company inasmuch as the
commercial is already undergrounded and the residential will still be served
by overhead facilities.
There being no comments, either for or against, the hearing was declared
closed.
MSUC(Scott/Malcolm) to direct staff to bring back a resolution forming the
district.
5. ORAL COMMUNICATIONS (None)
CONSENT CALENDAR
MSUC (Cox/Scott) to approve the Consent Calendar (Items 6-10).
6 a. RESOLUTION 11166 APPROVING MAP OF CHULA VISTA TRACT 80-20 UNIT 3,
CHARTER POINT, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING AGREEMENT FOR THE COMPLETION
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND
AUTHORIZING THE MAYOR TO EXECUTE SAME (City Engineer)
b. RESOLUTION 11167 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND TREETOPS UNLIMITED, A JOINT VENTURE COMPOSED OF
PACIFIC SCENE, INC. AND FINANCIAL SCENE, INC.,
WAIVING RIGHT TO PROTEST THE FORMATION OF A
REIMBURSEMENT DISTRICT FOR TELEGRAPH CANYON ROAD AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (City
Engineer)
City Council Meeting - 3 - February 15, 1983
On September 30, 1980 Council approved the Tentative Map for Chula Vista Tract
80-20, Charter Point Subdivision. The Final Map has been checked and found to
be in conformance with the Tentative Map. On January 21, 1983 the developers
executed the Subdivision Improvement Agreement. Appropriate surety has been
posted for all public improvements. The developers also executed an agreement
not to protest the formation of a reimbursement district as required by the
conditions of approval of the Tentative Map. The developers have paid all
fees, executed the required documents and complied with all conditions of
approval applicable to Unit 3.
7. RESOLUTION 11168 APPROVING THE CLAIM FOR 2% NONMOTORIZED
TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR
1983-84 (City Engineer)
During FY 1983-84, approximately $600,000 will be available through
Transportation Development Act 2% monies for the construction of nonmotorized
facilities in the San Diego Region. The allocation of these funds is
processed by the Bicycle Facilities Committee operating under SANDAG
predetermined criteria. Prior to submission of Chula Vista's project
applications, a City Council resolution approving the claim is required. The
deadline for applications to SANDAG is March 1, 1983.
8. REPORT BAY GENERAL COMMUNITY HOSPITAL REQUEST TO CONDUCT A IO-K
RACE AND TWO-MILE FUN RUN (Director of Parks and
Recreation)
Bay General Community Hospital has requested approval to conduct a
lO-Kilometer Race and a 2-Mile Fun Run on Saturday, May 21, 1983. This will
be the third annual Bay General Hospital's event to raise funds for the
Cardiac Rehabilitation Program and increase public awareness of the importance
of good health. In conjunction with the runs, hospital personnel will conduct
a health screening service in Memorial Park Bowl area. For safety reasons,
the Police Department and Traffic Engineer did not concur in the route
requested for the 2-mile event and, through contact with the sponsor, arrived
at an acceptable alternative.
9. REPORT AMERICAN CANCER SOCIETY REQUEST TO CONDUCT A BIKE-A-THON
(Director of Parks and Recreation)
The American Cancer Society of San Diego County has requested approval to
conduct its Seventh Annual Bike-a-Thon within the City between 8:30 a.m. and
4:00 p.m. Sunday, March 20, 1983.
lO. REPORT AMERICAN YOUTH HOSTELS' REQUEST TO STAGE GRAND BICYCLE
TOUR OF FIVE CITIES THROUGH CHULA VISTA (Director of Parks
and Recreation)
The American Youth Hostels is conducting its Fourth Annual Grand Bicycle Tour
of Five Cities on Sunday, February 27, 1983. The bicycle tour, with an
expected participation of 6,000 bicyclists, will follow a route skirting the
busy portions of the City approved by Traffic Engineer and Police Department.
City Council Meeting - 4 - February 15, 1983
(End of Consent Calendar)
RESOLUTIONS AND ORDINANCES, FIRST READING
ll. RESOLUTION 11169 ACCEPTING THE WORK ON THE REMODELED COUNTY COURT
BUILDING AND APPROPRIATING $628 TO PROVIDE ADDITIONAL
FUNDS TO PAY THE BONUS EARNED BY THE CONTRACTOR
(Director of Building and Housing)
On September 16, 1982, the City Council awarded a contract to Sea Pacific
Corporation, San Diego in the amount of $65,830 for remodeling of the old
County Courthouse for legislative offices. The contract specified that work
be completed in 35 working days from October 20, 1982 with a specific bonus of
$150 per day for each day work was completed prior to November 30, 1982
thereby earning a bonus of ll days for a total bonus of $1,650. The
contin9ency fund will cover $1,022 of the bonus leaving $628 to be
appropriated from the unappropriated balance of the General Fund.
In answer to Councilwoman McCandliss' query Director of Building and Housin9
Grady said this was the second time we have put in a bonus clause in a
contract and stated it was an incentive to getting the job done faster.
Councilwoman McCandliss stated she felt this was a good process if it brings
things in under a time period but because of the amount of money per day we
would have to be very careful on correctly estimating how much time we
estimate it would take to do a job. City Mana9er Goss indicated this is a
process that should be used selectively when there is a project which has a
particular time frame and can be very effective.
RESOLUTION OFFERED by COUNCILI~AN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
Mayor Cox remarked that the contractor did a timely job which was
aesthetically pleasing and performed above and beyond the letter of the
contract.
MSUC (Cox/Malcolm) for staff to prepare a letter of appreciation to the
contractor.
12. RESOLUTION 11170 APPROVING EXTENSION OF TIME, WALNUT AVENUE SEWER
SLIPLINING, "G" STREET TO "J" STREET (City Engineer)
Pacific Engineers was awarded the contract for the Construction of Walnut
Avenue Sewer Sliplining. Award was made on October 5, 1982, by Resolution
No. 11029. The contract is dated November 3, 1982. A 20 working day
extension of time is requested which will change the completion date of the
contract from February 8, 1983 to March 10, 1983.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
I'1 T
City Council Meeting - 5 - February 15, 1983
13. RESOLUTION 11171 APPROPRIATING COMMUNITY BLOCK GRANT FUNDS FOR THE
OTAY VALLEY ROAD REDEVELOPMENT STUDY (Director of
Community Development)
On January 13, the Redevelopment Agency designated the Otay Valley Road area
as a Redevelopment Survey Area. At that time, it was indicated that the
Council would be approached with a recommendation regarding funding for costs
of formulating a redevelopment plan for the Otay Valley Road area. The
resolution transfers $35,600 from Block Grant funds for the Otay Valley
Redevelopment Study costs.
Councilwoman McCandliss questioned the expenditure of this amount of money for
the study. Director of Community Development Desrochers explained that it
was necessary to do the detail work that must be accomplished before the City
can certify to the letter of the State law that it does indeed qualify as a
Redevelopment Area. There is also the need to show how the City is going to
get that money and what type of potential development there is that will repay
the redevelopment expenses.
Councilman Moore indicated that if this did not come to pass, whatever study
that would be made would it be beneficial if the road were to be widened or
useful in a different entity. If someone was going to construct south of Otay
Valley Road, the study would assist in working with flood plains, etc.
Councilman Scott stated that staff would be looking at this not only for
redevelopmerit but information that would be of a lasting nature. Director of
Community Development Desrochers stated that 75-80% of information would be of
that nature.
RESOLUTION OFFERED BY COUNCILStAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
14. RESOLUTION 11172 APPROVING LEASE AGREEMENT BETWEEN CITY OF CHULA VISTA
AND CONGRESSMAN JAMES BATES FOR LEASING CERTAIN
LEGISLATIVE OFFICE SPACE {Assistant City Manager)
A two-year lease agreement between the City and Congressman Jim Bates has been
negotiated for the leasing of office space. The lease agreement has been
executed by Congressman Bates and is ready for City Council approval.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
15a. ORDINANCE 2023 AMENDING CHAPTER 8.34 OF THE CHULA VISTA MUNICIPAL
CODE BY ADDING THERETO A NEW SECTION 8.34.040
RELATING TO THE TERMINATION OF REGULATIONS OF
HAZARDOUS WASTE MATERIALS FIRST READING (City
Attorney)
City Attorney Lindberg stated that this ordinance does not change in any way
the previous ordinance but places a sunset clause on the existing ordinance.
City Council Meeting - 6 - February 15, 1983
Mr. E. L. Porter, 418 "I" Street, Chula Vista, representing garage owners,
read from a list of questions: feels County is using small businesses to pay
for their setting up their newest department; Section 25351 explains that
State has funds to be used for clean-up of hazardous waste in case of spill or
catastrophic event as set forth in Section ll4C of the Federal Act 42 of US
Code 9412C; why is the County trying to stick the cities for the bill or is
this a scare tactic for cities to pay for these massive cleanups; why are
requested permit fees the exact same fees listed for a waste facility; County
has already informed the repair garages that they are not a facility but a
waste generator; how can County charge for a permit when State will give one
free; according to County Hazardous Waste Plan, the County is supposed to
conduct on-site inspection of the generators to determine degree of potential
hazard represented by these firms; how many and at what locations did the
County make these on-site inspections before implementing their fee structure;
County Hazardous Waste Management was to form a subcommittee of Health
Services Advisory Committee to address issues concerning the hazardous waste
program; was the subcommittee formed, if so, was the small garage repair
industry represented. According to the County Survey, this industry was
responsible for 37% of hazardous waste producers; if so, it would seem logical
that 37% of this industry be represented on this subcommittee.
To charge a permit fee which the consumer will eventually have to pay on
certain byproducts of industry that appear on the hazardous waste because they
are an irritant or flammable seems grossly unfair. The best approach would be
to rescind the ordinance and send a resolution to County of San Diego
requesting they meet with State Hazardous Waste Management Council to discuss
their plan to implement a workable Hazardous Waste Program that meets the
California State Code.
Mr. Akers responded to all the questions posed by Mr. Porter and the Council
summarizing: waste oil is considered a hazardous waste on the specifics list;
money State has for clean-up will only cover the first five of 50 clean-up
sites that appear on the list - - none are in San Diego; the fee structure
for facilities being called waste producers was an oversight on the part of
the County; auto industry was not represented on the Committee; San Diego
Chamber of Commerce was asked to send them a variety of representative types -
they submitted six different industry types to serve on the committee; most
were safety engineers who were interested in health issues relating to waste
policy rather than specific policy that deals with implementation of the
program.
Section 510 of Health and Recovery authorizes the Health Authority to charge
cost recovery fees in relation to any program; people with highest degree of
training are involved, six of the eight people have Master's Degrees with a
minor in chemistry and some with experience in industrial processes.
State Manifest System is designed so transporters of hazardous waste must
account for waste that they pick up. A workshop for transporters is intended
City Council Meeting - 7 - February 15, 1983
to include state people and explain the program to them. The Fire Department
is acutely interested in these activities and they will be sharin9 a great
-'~ deal of information with fire departments; all violations of everyone under
permit will be submitted to the Fire Department.
Paul Gibson, 1259 Calle Candelero, Chula Vista, President of Southern
California Service Station Association, and owner of Union 76 service station
on Bonita Road shared a letter from the California Waste Management Board from
Guenther W. Moskat, Manager of Used Oil Recyclin9 Program for the assistance
of the service stations to provide a place for the public to brin9 in its used
oil. The Association is not pleased to be assessed with a fee or fine when
they are proposing to do a service for the community and the State.
Mr. Akers stated he met with State Waste Management Conference in Santa
Barbara and the policy in dealing with waste oil was a concern. They agree
there is a need to recycle waste oil and concur with service stations to serve
the public in accepting waste oil. Waste oil is the only hazardous waste that
is exempted from manifesting and only in the situation where it is collected
from the public by service stations that belong to this sort of pro9ram.
Councilman Malcolm stated he could not support the original ordinance and
several issues need to be looked into: concern with bureaucracy and other
small businesses bein9 charged; problem isn't acute in San Diego that we
should be required to enact an ordinance to put additional bureaucratic
structure in San Diego and tax the people for it; he would vote for the
ordinance as amended and sunset clauses but is adamantly opposed to the
present ordinance.
MSUC (McCandliss/Moore) to place the ordinance on first reading, the reading
of the text was waived by unanimous consent, passed and approved unanimously.
Mayor Cox stated that the ordinance contains a sunset clause on the fee
schedule for July 1, 1984. It will no longer have any force and effect after
that time unless Council shows a desire to enact a new ordinance.
b. RESOLUTION 11173 REQUESTING SAN DIEGO COUNTY BOARD OF SUPERVISORS TO
RECONSIDER PORTIONS OF THE HAZARDOUS WASTE ORDINANCE
(City Attorney)
On February 10, 1983, the City Council directed that a resolution be directed
to the Board of Supervisors to clearly express the desire to immediately
provide some relief to the service station businesses subject to the
regulations and to examine other small businesses which may be unduly burdened
by the regulations, as well as to take the necessary steps to ensure a
uniformity of the application of the State law and County regulations
throughout the County of San Diego.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
City Council Meeting - 8 - February 15, 1983
Mayor Cox stated the resolution is an acknowledgement by the City Council that
the $75 inspection fee is too high and makes specific reference to a suggested
level of a $20 fee or even lower for inspection purposes.
MSUC (McCandliSs/Cox) to send letter to Board of Supervisors expressing
Council's concerns.
MS (Malcolm/Moore) that the City Attorney bring back an appropriate resolution
and ordinance removing the City from the hazardous waste program.
The motion failed by the following vote:
Ayes: Malcolm and Moore
NOES: McCandliss, Scott, Cox
Absent: None
MSUC {Moore/Malcolm) to send a letter to the County Board of Supervisors over
the Mayor's signature showing Council's concern in this particular area in
voicing a minority vote - the letter to be sent with the resolution.
16. ORDINANCE 2024 AMENDING SECTIONS 10.52.090 AND 10.64.010 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO PARKING OF
COMMERCIAL VEHICLES IN RESIDENTIAL AREAS - FIRST
READING {City Attorney)
This amendment would increase the weight limitations on commercial vehicles
parking in residential areas and traveling off truck routes. The amendments
would bring the Municipal Code into conformity with State laws.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
17. REPORT OF THE CITY MANAGER (None)
18. MAYOR'S REPORT
a. California Coastal Commission scheduled a public hearing on February 24
at 9:00 a.m. at Shelter Island Inn to consider the I-5 widening; Route 54
construction and Sweetwater Flood Control Project.
b. Mayor Cox requested Council to authorize trip to Sacramento on Wednesday,
February 16 to meet with California Director of Fish and Game regarding
soliciting their cooperation concerning the Coastal Commission public
hearing on February 24.
MSUC(Malcolm/McCandliss) to authorize Mayor Cox's trip to Sacramento.
City Council Meeting - 9 - February 15, 1983
c. Assembly Bill 498 has been recently introduced to the State Legislature
with regard to implementing provisions for the Local Agency Formation
Commission (LAFCO) decision rendered by the State Supreme Court last week
and Mayor Cox asked that this item be referred to our Legislative
Committee with a request they come back with a report on Thursday,
February 17, 1983.
MSUC (Cox/Moore) to refer to the Legislative Committee.
d. MSUC (Cox/Moore) to continue this meeting to Thursday, February 17,
following the Redevelopmerit Agency meeting.
e. MSUC (Cox/Moore) to write a letter to the Chairman of the Unified Port
District to put back into their Master Plan the "second arm" (J Street to
north of "F" Street)
f. MSUC (Cox/Malcolm) to authorize the Council's delegate to support
Sandag's policy changes (change meeting dates due to availability of
Board Members)
g. Mayor Cox announced that the City Council has selected the seven people
to serve on the Commission on Aging: Mary DiRienzo; Don LeCompte;
Margaret Helton; Harold Johnson; Helen Stokes; Dorothea Grindle and Tom
Emmons~ Mayor Cox will send out a notification and Council ratified the
appointments.
MSUC (Cox/McCandliss) to appoint these individuals to serve on the Commission
on Aging.
19.COUNCIL COMMENTS
a. Councilman Malcolm discussed the "Granny Flats" legislation which has a
deadline of July l, 1983 for adoption by the cities.
MSUC (Malcolm/Moore) on "Granny Flats" legislation - staff to present packet
(information) to Board of Realtors and Chamber of Commerce.
b. MSUC (Malcolm/Cox) for the Mayor to send a letter of support to the
legislators supporting AB 14 annexation of adjacent territories that
might not have been approved by LAFCO which are already developed or in
the developed area, and receiving City benefits.
c. Councilman Malcolm expressed his concern regarding the City Clerk~s memo
on "abstaining" votes being recorded as "yes" votes if no reason is
given. Councilman Malcolm declared he has a "possible conflict of
interest" (General Plan Amendment on "J" Street).
~ity Council Meeting - lO - February 15, 1983
MSUC (Scott/McCandliss) that Councilman Malcolm's vote be recorded as an
abstention.
d. MSUC(Malcolm/Moore) for a Closed Session for litigation purposes.
e. Councilman Moore will provide Council with County's "E" Street Trolley
Station schedule.
ADJOURNMENT AT 9:15 p.m. to the meetings scheduled for Thursday, February 17
at 4:00 p.m. and Tuesday, February 22 at 7:00 p.m.
Council recessed to Closed Session at 8:30 p.m. The City Clerk was excused
and the Mayor announced that the meeting adjourned at 9:15 p.m.
WPC/0261C
PAG