HomeMy WebLinkAboutcc min 1983/02/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, February l, 1983 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott,
Malcolm, Moore
Councilmembers absent: None
Staff present: City Manager Goss, Assistant City Manager
Asmus, 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 meeting of January 25, 1983
MSUC (McCandliss/Scott) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. Oath of Office - John J. Kincade, City's Safety Commission
City Clerk Fulasz administered the Oath of Office to John J. Kincade, newly
appointed to the Safety Commission.
3. WRITTEN COMMUNICATION (None)
PUBLIC HEARING
4. PUBLIC HEARING CONSIDERATION OF PROPOSED GENERAL PLAN AMENDMENT GPA
83-3 (Cappos) (Continued from 1/17/83) (Community
Development Director
This being the time and place as advertised, Mayor Cox reopened the public
hearing.
Director of Community Development Desrochers explained that the City Council,
on January ll, 1983, continued its consideration of the proposed Cappos
General Plan Amendment to this meeting and asked the applicant and the City
staff to prepare answers to certain questions, and to submit them to the
Council as supplemental technical input at the continued hearing.
Mr. Desrochers has submitted this report noting that the answers were to a
substantial extent, developed from information procured from a meeting held on
City Council Meeting - 2 - February l, 1983
January 24, 1983, with representatives of the Cappos Group, Rohr Industries,
Fluid Systems, Santa Fe Land, the Community Development, City Planning
Departments, and the City Administration. He stated stated that he met with
Mr. Cappos and they explored several alternate sites. In order to accommodate
UOP, Mr. Cappos has agreed to drill a temporary well on the "F" Street site
until the entire relocation matter can be resolved which should be within the
next two months.
Councilman Scott questioned the legality of drilling the temporary well. City
Attorney Lindberg responded that he was not aware of the temporary well and
this matter should be examined.
Director of Planning Gray stated that the Planning Commission recommended a
denial of the General Plan Amendment for the "J" Street site and requested
that the Council take this action.
Speaking against the proposal were Irene Maxwell. 473 Berland Way, and Bob
Pocklington, 656 Glover Place. They indicated it was not necessary for the
Rayne Water plant to be located on the bayfront; that the "J" Street Marina
Park should be preserved; requested that the Council follow the Planning
Commission's advice.
Mr. Jim Cappos, the applicant, requested a continuance of the public hearing
for two or three weeks rather than denying the General Plan Amendment for the
"J" Street site indicating that he did not want to close off that option.
There being no further comments either for or against the Mayor declared the
public hearing closed.
MSC (Moore/Scott) to deny the General Plan Amendment as it pertains to the
"J" Street Park. Councilman Malcolm abstained,t-/~t~,-~
In answer to Council's questions, Director of Planning Gray stated that the
temporary well will be governed by the County Health Department, that no
General Plan Amendment or discretion regarding the well have to be considered
by the City.
5. ORAL COMMUNICATION
Bob Maxwell, 473 Berland Way, Chula Vista, complained of what he called "the
engineering nightmare" at the off ramps and intersections of 1-805 and Bonita
Road and 1-805 and Telegraph Canyon Road exits. Mr. Maxwell stated that
during peak hours the traffic is such that there is bound to be a bad accident
someday with someone speeding down exiting the off-ramps. He asked that a
feasibility study be done especially for a peak hour such as 5:30 p.m.
Councilman Malcolm stated that he owns property in the 1-805/Bonita Road area
and has applied to the County for a rezoning. The County has directed him to
make a study of the traffic pattern in this area. He has hired an engineer to
do this study and as soon as it is completed he will make it available to the
City.
City Council Meeting - 3 - February t, 1983
Council discussion followed regarding the specific traffic tie-ups at Bonita
Road and Bonita Plaza Road. Councilman Scott declared that the Council
cautioned the City of National City some time ago about this possible hazard.
He felt that the problems are created by the cars entering and exiting Bonita
Plaza Road and that National City should assume some of this responsibility,
financially and otherwise.
MSUC (Cox/McCandliss) to ask the staff to get in touch with the staff in
National City to look into the problems as discussed this evening and to come
back to the City Council for the report for what type of remedial action could
be taken. Councilman Malcolm abstained from the voting.
CONSENT CALENDAR - Items 6-9.
MSUC (Scott/Moore) to approve and adopt the Consent Calendar.
6. RESOLUTION 11151 APPROVING MAP OF CHULA VISTA TRACT 79-17, KIMBALL
TERRACE TOWNHOMES, ACCEPTING ON BEHALF OF THE PUBLIC
THE PUBLIC STREET 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 OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME
(City Engineer)
The Final Map for Chula Vista Tract 79-17, Kimball Terrace Townhomes has been
checked by the Engineering Department and found to be in conformity with the
Tentative Map. The Tentative Map provides for one lot with five residential
units. The subdivider has signed the Subdivision Improvement Agreement and
posted the necessary surety. Approval of the Final Map includes acceptance of
an easement for the construction and maintenance of drainage facilities and
street tree easements along Third Avenue and Kimball Terrace as well as
dedication of the right-of-way for a portion of Third Avenue.
7. RESOLUTION 11152 GRANTING EXTENSION OF TIME FOR BAYFRONT PARK (RENAMED
TIDELANDS PARK) (City Engineer)
McIntyre Construction Company, Inc. was awarded the contract for construction
Of landscape, irrigation, and parking lot improvements for Bayfront Park on
Bay Boulevard between "E" Street and "F" Street, and the "E" Street median
island between Bay Boulevard and I-5 freeway. They have requested an
extension of time due to rain and inclement weather. The recommendation is
that City Council grant an extension of contract time of 11 working days
changing the contract completion date to February 21, 1983.
City Council Meeting - 4 - February l, 1983
8. RESOLUTION 11153 AUTHORIZING FUNDS TO ELEVATE ACACIA STREET BRIDGE
(Director of Parks and Recreation)
In response to a Council query, the Parks and Recreation Director submitted a
report on January 18, 1983, concerning the impeding of water flow by the
Acacia Street Bridge over the drainage ditch on the golf Course jogging and
equestrian trail. One alternative proposed was to extend the box culvert
wings to the existing location of the bridge and elevate the bridge two to
three feet to rest on the extension, and raise the jogging trail to the new
height. The cost to accomplish this was estimated at $1,500 to $1,700.
9. RESOLUTION 11154 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR
THE COST OF PLACING CHARTER AMENDMENTS ON THE
NOVEMBER 2, 1982 GENERAL ELECTION (City Clerk)
At the General Election held on November 2, 1982, the City placed seven (7)
Charter amendments on the ballot. The Registrar of Voters has just submitted
his invoice in the amount of $8,727.68. No money was budgeted for this
election; however, a balance of $1,270.33 remains in the Elections account.
The recommendation is to appropriate the sum of $7,460. for the cost of
placing the Charter amendments on the General Election held on November 2,
1982.
(End of Consent Calendar)
RESOLUTIONS AND ORDINANCES, FIRST READING
10. RESOLUTION 11155 ACCCEPTING BIDS AND AWARDING CONTRACT FOR
INSTALLATION OF WATER, SEWER AND STORM DRAIN
FACILITIES IN THE TOWN CENTRE FOCUS AREA IN THE CITY
OF CHULA VISTA, CALIFORNIA (City Engineer)
On January 25, 1983, bids were received for the work which includes
construction of water mains, sewer mains, storm drains, connections, valves,
manholes, modifying existing manholes, laterals, cleanouts, inlets and other
miscellaneous work shown on the plans. The recommendation is that Council
accept the bids and award the contract to Barron-Masanovich, a Joint Venture,
(low bidder) Arcadia, California, in the amount of $175,418.
Councilman Moore asked that, in future agenda statements, staff report whether
or not the contractor has bonded for the job.
RESOLUTION OFFERED BY COUNCILMAN MOORE the reading of the text was waived by
unanimous consent passed and approved unanimously.
City Council Meeting - 5 ~ February l, 1983
lla. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MR. CLAY GINGERICH TO BE THE CITY'S RESIDENT
INSPECTOR AND CLERK OF THE WORKS FOR THE TOWN CENTRE
PARKING STRUCTURE CONSTRUCTION PROJECT (Director of
Building and Housing/Community Development Director)
llb. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND TESTING ENGINEERS - SAN DIEGO FOR CHULA VISTA
TOWN CENTRE PARKING STRUCTURE
The Director of Building and Housing and the Community Development Director
held interviews for the position of Clerk of the Works/Resident Building
Inspector with eight firms in the San Diego area. Mr. Clay Gingerich is the
low bidder; however, his resume does not include testing laboratory services.
Testing Engineers have agreed to do this for the low bid amount of $1,925.
The recommendation is that the Council accept the services of Mr. Gingerich
for Resident Inspector/Clerk of the Works and Testing Engineers for the
testing laboratory.
RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the reading of the texts were waived
by unanimous consent, passed and approved unanimously.
Councilman Malcolm indicated that he had some concern with the bid process,
that there are "X" number of dollars per month in the contract, rather than a
bid amount for the entire job. He questioned what happens during periods of
rain when there is no work being done on the project. Director of Building
and Housing Grady stated, that although no construction work will be done, the
Clerk of the Works will still be working on the project monitoring what is
happening during the rainy spell. He added that the total cost in the
contract is based on a seven-month job; however, it was defined as monthly
payments in case the job is finished prior to the seven month contract date.
If it goes beyond seven months, the staff will renegotiate with the contractor
(Clerk of the Works).
MS (Malcolm/Cox) to amend the resolution to include the appropriate language
where the contract should not exceed the $20,300 total amount bid by Mr.
Gingerich.
SUBSTITUTE MOTION (Scott/Malcolm) to hold this over one week and have staff
look into the amount of these resolutions and bring them back at the next
meeting.
City Council Meetin9 - 6 - February 1, 1983
12. RESOLUTION 11156 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND PHILLIPS-REYNOLDS INC.,A PROFESSIONAL ENGINEERING
CORPOPJ~TION FOR FOR CERTAIN ENGINEERING CONSTRUCTION
SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT FOR AN AMOUNT NOT TO EXCEED $8,065 AND
WAIVING INFORMAL BID REQUIREMENTS (City Engineer)
As a normal City procedure, the City's Engineering Department staff performs
construction engineering services of contract administration, surveying,
construction staking, and inspection of all public works contracts whether or
not the plans were prepared by City staff. In order to ensure that the work
on the parking structure can be done in a timely manner, the City Engineer
recommended that the City use Phillips-Reynolds, Inc. to do the construction
staking because of their experience with the specific site and their
familiarity with the utility plans (they prepared them) and the fact that
following an informal bidding procedure would delay the parking structure
further, and the fact that the City Survey Party is not able to fit this
project into their work program within the time frame needed. His
recommendation was that Council waive the informal bidding provision of
Section 1009 of the City Charter and approve the contract with
Phillips-Reynolds, Inc. for construction staking for the utility relocation
project as well as the parking structure project.
In response to Council's question, City Manager Goss explained the (RFP)
Request for Proposals process involved.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM a reading of the text was waived by
unanimous consent, passed and approved unanmimously.
13a. RESOLUTION 11157 APPROVING MAP OF CHULA VISTA TRACT, PEPPERTREE
ESTATES, 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 OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION (City
Engineer)
13b. RESOLUTION 11158 APPROVING AGREEMENT RELATIVE TO TREE RELOCATION IN
CHULA VISTA TRACT 81-7, PEPPERTREE ESTATES (City
Engineer)
13c. RESOLUTION 11159 ACCEPTING A LETTER OF PERMISSION TO CONSTRUCT AND
~ MAINTAIN DRAINAGE FACILITIES WITHIN THE FLINT
PROPERTY AND DIRECTING THE CITY CLERK TO RECORD SAID
DOCUMENT (City Engineer)
13d. RESOLUTION 11160 APPROVING AGREEMENT BETWEEN THE CITY AND ADMA,INC.
RELATIVE TO CITY PARTICIPATION IN DRAINAGE FACILITIES
AND APPROPRIATING THE NECESSARY FUNDS (City Engineer)
City Council Meeting - 7 - February l, 1983
The Final Map for Chula Vista Tract 81-7, Peppertree Estates, has been checked
and found to be in conformance with the Tentative Map. The Final Map
represents approval of 14 single family lots. The owner has granted to the
City on the Final Map easements for sewer and drainage facilities; access,
utilities and street trees. The developer has also dedicated portions of
Pepper Tree Road. Approval of said map includes acceptance of the street
dedications and easements. On January 13, 1983, the developers, ADMA Inc.,
executed the subdivision improvement agrement. The developers have paid all
fees and submitted all required bonds and documents.
RESOLUTIONS OFFERED BY COUNCILMAN MOORE the reading of the text were waived by
unanimous consent, passed and approved unanimously.
14. RESOLUTION APPROVING COVENANTS, CONDITIONS AND RESTRICTIONS FOR
CASTLE PARK TOWNHOMES AND AUTHORIZING THE MAYOR TO
SIGN THE CONSENT FOR RECORDATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS (City Attorney)
In a written report to Council, City Attorney Lindberg explained that the City
of Chula Vista requires the subdivider of condominium subdivisions to name the
City as a party to the CC&R's and to authorize the City to enforce its terms
and conditions. This provision of the City Code is based upon the City's
concern that common areas be maintained and that antennas be restricted. The
Veteran's Administration opposes a provision in a CC&R which makes the City a
party to the entire agreement. The VA's Legal Counsel take the position that
this is too broad, vague and of questionable legality in some instances; for
example, where there are provisions that would impede the sale of property.
The VA has also requested that the City sign a "Consent for Recordation of
Declaration of Covenants, Conditions and Restrictions" for Castle Park
Townhomes. Attorney Lindberg addded that a party always has the right to
record an agreement, but the VA prefers to have all parties express their
consent to this recordation in writing, and he felt it would not be
detrimental to the City's interest to accede to this request.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
Councilman Malcolm questioned the regulation of disks and asked whether this
was a new subdivision or a conversion and its location.
SUBSTITUTE MOTION (Cox/Scott) to refer this back to staff and bring back
additional information, as requested by Council, in one week.
MSUC (Malcolm/Scott) to bring back the appropriate ordinance next week along
with the resolution.
City Council Meeting - 8 - February l, 1983
15. ORDINANCE 2021 AMENDING SECTIONS 9.13.180 THROUGH 9.13.250 OF
CHAPTER 9.13 OF THE MUNICIPAL CODE, ALL RELATING TO
THE REGULATION OF NONOBSCENE NUDE ENTERTAINMENT
FIRST READING (City Attorney)
The City of Chula Vista in 1978 adopted an ordinance prohibiting nonobscene
nude entertainment in "any establishment which serves food, beverages or food
and beverages including, but not limited to, alcoholic beverages for
consumption on the premises of said establishment". The Supreme Court has
held that such regulations may only apply to establishments where alcoholic
beverages are served for consumption. The recommendation is that the City's
ordinance be modified to avoid any unnecessary challenges thereto.
MSUC (Moore/Scott) to place the ordinance on first reading. The reading of
the text was waived by unanimous consent, passed and approved unanimously.
16. INTERIM 2022 AMENDING CHAPTER 19.60 OF THE CHULA VISTA MUNICIPAL
~CE CODE BY ADDING THERETO A NEW SECTION 19.16.185
RELATING TO THE PROHIBITION OF PRICE SIGNS ON FREEWAY
ORIENTED SIGNS IN "P" ZONES FOR A PERIOD OF 90 DAYS
COMMENCING FEBRUARY 1, 1983 FIRST READING AND
ADOPTION (City Attorney)
City Attorney Lindberg pointed out in respect to a particular signing
violation that no legislative or policy regulations exist regarding the use of
price signs on those signs subject to design review by the Zoning
Administrator and the Planning Commission nor for signs to be located in the
"P" modifying zone as approved by the City Council. The City Council has
indicated that as a guideline for the Zoning Administrator in those
circumstances where signs are not totally approved as a part of the "P" zone
approval, that they wish to prohibit price signs in the "P" zone for freeway
oriented signs. The ordinance is being submitted to Council as an interim
ordinance.
MS (Scott/McCandliss) to place the ordinance on first reading and adoption,
the reading of the text was waived by unanimous consent, passed and approved
unanimously.
Councilman Malcolm questioned why this was presented to the Council as an
emergency ordinance. City Attorney Lineberg explained the procedures for
interim ordinances effective for a 90-day period of time, after which a public
hearing can be held to consider making the provision a permanent one.
Mr. Don' O'Neill, representing Ramada Inn on "E" Street/I-805, asked if he
could give the Council background information as to the justification of their
sign on the freeway with prices on it. He stated that he was just notified at
3:30 p.m. today of the Council's consideration of this interim ordinance,
adding that he is the only person affected by this ordinance and was concerned
that he was not notified.
City Council Meeting - 9 - February l, 1983
Council discussion followed regarding the fact that the sign was put up
without a permit; it could be ordered to be taken down immediately; they would
concur that his sign could stay up for the 90-day period without any
restriction; that a public hearing would be called at the end of the 90-day
period to consider this sign and any other sign that was illegal in the City.
Mr. O'Neill indicated that he would suffer financial damage if he was not
allowed to put on some type of "numbers" on his sign.
The motion to place the interim ordinance on first reading and adoption
carried with Councilman Malcolm voting "no".
MSUC (Scott/Moore) that no abatement be taken against the illegal sign on
1-805 and "E" Street as discussed until after the public hearing, if then.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
17a. ORDINANCE 2020 AMENDING CHAPTER 8.34 OF THE CITY CODE RELATING TO
REGULATION OF HAZARDOUS MATERIALS - SECOND READING
AND ADOPTION (City Engineer)
17b. RESOLUTION REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS
TO RECONSIDER THAT PORTION OF THE HAZARDOUS WASTE
ORDINANCE REGULATIONS RELATING TO SERVICE STATIONS
AND OTHER GAS AND OIL ORIENTED BUSINESSES AND TO HOLD
IMPLEMENTATION THEREOF IN ABEYANCE (City Attorney)
City Attorney Lindberg reported that in July of 1982, the original ordinances
of the County of San Diego relating to surveillance and disclosure of
hazardous waste materials were adopted by reference by the City Council. At
this time the Council is considering the adoption of the amendments to the
ordinance, which are intended to make the control of hazardous materials more
effective, yet more practical from an administrative viewpoint. A protest was
received from representatives of the service station operators in the City of
Chula Vista regarding the necessity of adherence to the surveillance ordinance
because of the storage of used oil and the necessity therefore of maintaining
complex records and paying a $75 permit fee. The City Council requested that
a resolution be prepared (Item B) requesting that the Board of Supervisors
reconsider the application of the surveillance ordinance to such businesses.
Attorney Lindberg added that the City Council may also consider adopting the
following amendment in the event that the County chooses to take no action.
Section 8.34.025 Exemption of Used Oil Storage and Disposal from
Provisions of San Diego County Hazardous Materials
Surveillance Program
The recommendation of the Attorney was that the ordinance be adopted on second
reading with the deletion of the incorporation by reference of any future
ammendments and a specific reference to the amendments which are being
considered this evening.
City Council Meeting - 10 - February l, 1983
Mr. Gary Stephany representing the County Department of Health Services,
stated that he concurs with the adoption of Ordinance 2020; however, they do
have a problem with the resolution before the Council this evening since it
refers to related gas and oil industries which could "exempt the whole ball of
wax." They feel that they may be able to work with these groups of businesses
to possibly reduce the fees, or not have any fees at all. Primarily, this
would be only those service stations that deal in waste oil; however, if they
have some related business along with that dealing with toxic chemicals, they
would not be exempt.
Mr. Jim Clark, owner of a garage at 600 A Broadway, stated he has been in that
business for 22 years, he has two 25-gallon barrels that they empty the waste
oil into. This is picked up by a firm and recycled. Mr. Clark complained of
the potential $275 a year fee. Mr. Stephany stated that Mr. Clark's fee would
"probably be $75". The larger fees are for those businesses that handle a
substantial amount of hazardous waste on a monthly basis. Mr. Stephany added
that this is a State law which the County is enforcing and the survey that
they conducted in this area they found that about 50% of the service stations
and garages are not handling hazardous materials as covered by the ordinance.
They will be evaluating the fee schedule after a one-year period of time and
may probably reduce the fee.
Diane Takvorian, 1545 32nd Street, San Diego stated that she is Chairman of
the County Environmental Health Coalition. She applauded the Council for
their action in approving the ordinance, stating that the intent of the
ordinace was not to overregulate but to encourage recycling. In answer to
Council's questions, Miss Takvorian explained the difference between a fire
inspection and a health inspection; the concern of what is being put into the
tanks; what the inspections would cover such as leaking tanks; the solvents
being put into them; the storage of other hazardous materials on their
premises; and battery recycling.
Councilwoman McCandliss questioned the redundance of having fire and health
inspections. Assistant City Manager Asmus explained that the City fire
inspectors try to go out to each business at least once a year. They are not
looking for the type of materials that the health inspectors would be looking
for; however, if they do find substances such as leaky tanks or oily rags
etc., on the premises - anything that can be construed as a fire hazard, -
they would cite the owner.
Lois Stocker, Stocker Foreign Cars, 720 Broadway, Chula Vista, stated that
auto repair businesses are one of the cleanest businesses in town their
prime concern is to clean up the environment. She added that the City should
be going after the non-licensed ones, that the licensed businesses are taxed
so much that they are "all just hanging on by our fingernails."
Council discussion ensued regarding the fact that this is a State law; that
only two cities in the County: Del Mar and Chula Vista, have adopted the
ordinance as of this date; that the pragmatic approach would be to do away
with the ordinance presently on the books and wait until Sacramento and the
Board
City Council Meeting - 11 - February 1, 1983
of Supervisors have resolved all the issues; that to rescind the ordinance
would also be eliminating those that do deal with hazardous waste materials
and should be regulated; the County's control of the fees and the City's right
to appeal any fee decision the County makes; the need for a Council Conference
to discuss this entire issue.
Dave Wyman, 3995 Bonita Road, Bonita, stated that he has been meeting with the
County Board of Health and what he got out of the meeting was that they need
the fees in order to cover the cost of inspections in order to catch the
"waste-all collectors that are running around without licenses".
MS (Cox/Malcolm) to continue this matter to a Council Conference (March 24) to
allow staff to get a copy of the State ordinance and other pertinent
information. Mr. Stephany stated that the ordinance is already being enforced
in Chula Vista. Some of the industries such as Rohr, have already paid.
Mayor Cox withdrew his motion, Councilman Malcolm agreed to the second.
MSUC (MCCandliss/Malcolm) to place the ordinance on second reading and
adoption. The reading of the text was waived by unanimous consent passed and
approved unanimously.
Mr. Tom Fuson, 333 F Street, Chula Vista stated he owns Fuson's Garage, has
paid the $75 fee; however, they have received no guidelines as to what they
are supposed to have. To date, no literature has been given to them and no
program set up to inspect their premises.
Councilman Malcolm commented that no further testimony should be taken this
evening, the Council is in accord that the $75 fee would be looked into and
that they did just approve the ordinance. It was moved by Councilman Malcolm
that no further testimony be allowed. The motion died for lack of a second.
E. L. Porter, 632 Broadway, Chula Vista, stated that many of the people
testifying this evening are individual garage repair owners and not service
station operators and asked for an explanation of the distinction between the
two. Mr. Stephany explained that if either one of them have an approved
holding tank and deal only in waste oil, they would be exempted.
Councilman Moore commented that one of the most economical ways to solve this
would be through communications and this can be done through inspections. He
challenged anyone that deals with this type of material to review what they
are doing and "put their own house in order".
MSUC (Malcolm/McCandliss) for staff to be directed to bring back a report when
the County adopts its hazardous waste ordinance and at that time, determine
whether to set the matter for a Council Conference. Mr. Stephany suggested
passing the resolution and submitting it to the Board of Supervisors which
would generate the concerns of the Supervisors. He added that the wording
should possibly be changed to state that it should refer to "service stations
and/or repair shops that have approved oil storage tanks".
City Council Meeting - 12 - February l, 1983
SUBSTITUTE MOTION. MSC (McCandliss/Moore) Resolution 17b be continued to a
Council Conference one week from Thursday (February 10). The motion carried
with Councilmen Scott and Malcolm voting "no".
18. REPORT OF THE CITY MANAGER
City Manager Goss reported that the application the City made for a grant from
the Coastal Commission for a bayfront study was approved. The City will
receive a $28,000 grant.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
19. REPORT CHULA VISTA TRANSIT AND HANDYTRANS OPERATION FOR THE
SECOND QUARTER FISCAL YEAR 82-83 (City Engineer)
The City Engineer reported that the total ridership on CVT increased 4.2% from
the previous quarter, but only 0.6% compared with the second quarter of
FY 1981-82. Farebox revenue increased 11.6% compared w~th the second quarter
last year, and operating cost per revenue mile increased about 5% relative to
the same period. The recovery ratio for this period was 23.5%. On
HandYtrans, the entire system, including the Starlight Center service, carried
10,014 passengers this quarter an increase of 27% over last year's second
quarter, and 4.6% above first quarter this year. System recovery ratio was
24.6%.
MSUC (McCandliss/Scott) to accept the report.
Traffic Coordinator Gustafson explained the funding processes and the
operations of HandYtrans.
20. MAYOR'S REPORT
a. MSUC (Cox/Malcolm) for a Closed Session for Personnel and Litigation
purposes.
b. Mayor Cox reported that any person in Chula Vista objecting to having
Channel 22 on their TV selector boxes can have them removed by calling
Cox Cable. This will be done free of charge.
C. Mayor Cox noted the action taken by the La Mesa City Council regarding
compiling a list of projects in case the Federal government approves some
kind of Public Works bill. The Mayor asked that the City staff do the
same noting that the last time this was done, the project had to be in
within 90-days after approval. C~ty Manager Goss stated that he has
already issued that directive to staff.
City Council Meeting - 13 - February l, 1983
21. COUNCIL COMMENTS
a. In answer to Councilwoman McCanaliss's query, City Attorney Lindberg
stated that the Appellate Court held that LAFCO was mandated to adopt a
sphere of influence study for every County agency. He will be talking to
LAFCO and will be submitting a report to Council.
b. Councilwoman McCandliss mentioned the difficulties incurred by Council in
trying to define and solve the problems of the hazardous waste matter on
this Agenda (Item No. 17).
c. MSUC (Malcolm/Moore) for staff to write a letter under the Mayor's
signature to the San Diego Home and Garden magazine thanking them for
their interest in Chula Vista.
d. Councilman Malcolm questioned the regulation by Cox Cable TV on dish
antennae. In attending meetings of the League of California Cities, they
discovered problems with entrepreneurs of condominium projects or large
subdivisions setting up their own dish antennaes. He felt this was a
matter that should be discussed informally at a Council Conference.
MSUC (Malcolm/Cox) to have a report and to schedule this for a Council
Conference at the earliest date for a discussion on dish antennaes in order to
update the Council.
The Council recessed to Closed Session at 10:15 p.m., the City Clerk was
excused and the Mayor reported the Session adjourned at 11:15 p.m.
Adjournment at ll:15 p.m. to the meeting scheduled on Tuesday, February 8,
1983 at 7:00 p.m.
IE M. FULA CM~
City Clerk
WPC/0246C
PAG