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HomeMy WebLinkAboutcc min 1983/01/25 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, January 25, 1983 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Mayor Cox, C0'unci]membe~s M~Candliss, Scott, Moore, Ma]c0]m Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at 9:28 p.m. until Thursday, f0]]0wing Redeve]0pment Agency meeting at 4:00 p.m. January 27. 1983 __~ ~x 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 January 25, 1983 y o u a lsta, Ca 1 ornla AFF~DA~rIT OF POSTING ORDER STATE OF CALIFORNIA ) OF ADJ(]U}~NT OF ~ETiNG COUNTY OF S~/g DIEGO ) CITY OF C"HUIA VISTA ) I, jennie M. Fulasz, being duly sworn deposes and says-~ That I am the duly chosen, qualified and acting Cit3, Clerk of the Council of the City of Chula Vista; That the Regular .... meeting of the Council of the City of Chula Vista was held _ luesd_ay, January 25, 1983 ~d said meeting was adjourned to the time and place as :~pecified in the order of adjourndent ~,~ACHED HERETO: That on Wednesday, Janua~y_2~_..k98~_ at the hour ocf 10:05 a.m. I ~sted a copy of said order at a conspicuous plac,~ o~.~ ,)r near ~e door of ~e place at wl-~ich ~.~aid meeting ~3f January 25, 1983 wa~ held. Subscribed and sworn to before me this aa.y of 19 Notary Publi~'~.n and for s~Id County and Sta~e MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, January 25, 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, 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 18, 1983 Councilwoman McCandliss requested that her comments made after the Mayor's State of the City Message be inserted in the minutes. Her comments were that "as (the Council) moves forward on the economic development of the City that it is important to keep in mind that the Council's primary role is to maintain City services and the enhancement of the quality of life for its citizens". MSUC (Cox/McCandliss) to approve the minutes with the insert requested by Councilwoman McCandliss. 2. SPECIAL ORDERS OF THE DAY RESOLUTION NO. lll41 COMMENDING REUBEN HAAS ON THE OCCASION OF HIS RETIREMENT AFTER 38 YEARS OF DEDICATED SERVICE IN THE POSTAL SERVICE OF THE UNITED STATES Mayor Cox stated that the Resolution will be presented to Mr. Haas at ceremonies commemorating his retirement service on Friday, January 28. RESOLUTION OFFERED BY MAYOR COX the reading of the text was waived by unanimous consent passed and approved unanimously. 3. WRITTEN COMMUNICATIONS Request of the City of San Marcos for support of legislation requiring election of members to the California Public Utilities Commission MSUC (Moore/Scott) to receive the request and file. I'1 T City Council Meeting - 2 - January 25, 1983 Councilwoman McCandliss questioned whether other alternatives were explored. City Manager Goss responded that the City and County of San Francisco have its own rate department and that there are other cities who have joined together in their efforts similar to that of San Francisco. Redwood City has joined with other cities in presentin9 rates to the (California Public Utilities Commission) CPUC on street lighting. Council discussion followed regarding the complexity of the issue; that there may not be notable changes with elected vs. appointed members; the problem lies in the utility rates in general; that it is a frustrating issue; Sandag should perhaps be given this challenge; a suggestion that the Mayor's League Committee look into this matter. Mayor Cox commented that he is on the Emergency Finance Committee established by Sandag. They are just now looking into the rate setting process and he will bring this up at their next meeting. City Manager Goss clarified that it was just not the City and County of San Francisco but also cities like Redwood which are heading up a movement within the umbrella of the League of California Cities. They got several cities together to discuss the CPUC regulations as they pertain to street lights. Because of this movement, Mr, Goss felt that the League will become much more involved with these issues in the future. MSUC (McCandliss/Moore) for the Mayor to take to the Executive Committee of the League of California Cities a statement of this City's interest in evaluating what the cities of Northern California have done in regulating their rate structures with the CPUC and further (to explore) any possible implications that might be given to the San Diego League Committee. 4. ORAL COMMUNICATIONS a. Robert Maxwell, 473 Berland Way, Chula Vista, quoted from an environmental magazine from December 1982 concerning acid rain/acid fog. He noted that the Air Pollution Control Board under the direction of Mr. Sommerville conducted studies of the air quality in the County. Del Mar was checked on January 8 and Chula Vista was checked on January 9 for acid fog/acid rain; however, no reports were made on the findings in Chula Vista. Mr. Maxwell asked that the Council request these findin9s. MS (Scott/McCandliss) (for staff) to make a contact and find out what the report was in Chula Vista. Councilman Moore remarked that if the Council is going to obtain ~nformation from the Air Pollution Control Board for the evaluation of the statistics for Chula Vista, the Council should be given the entire report and not just one specific instance. Councilman Scott stated that he would include this in his motion. Councilwoman McCandliss agreed to the second andt~t~ carr3'~'~ unanimously, b. Bess Pocklington, 656 Glover Place, Chula Vista, said she endorsed Mr. Maxwell's statements because the acid rain/acid fog has become a serious health problem. She encouraged legislation to elect members to the CPUC indicating that they would be more responsive to the public. City Council Meeting - 3 - January 25, 1983 CONSENT CALENDAR MSUC (Scott/Moore) to approve and adopt the Consent Calendar. 5a. RESOLUTION 11142 APPROVING MAP OF CHULA VISTA TRACT 80-20 CHARTER POINT UNIT 2~ 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) 5b. RESOLUTION 11143 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC. WAIVING RIGHT TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT FOR TELEGRAPH CANYON ROAD IMPROVEMENTS (City Engineer) The Final Map for Chula Vista Tract 80-20, Charter Point Unit 2 has been checked and found to be in conformance with the Tentative Map. Unit 2 consists of 86 condominium units on four common lots. Approval of the Final Map includes the acceptance of a street tree maintenance easement along Apache Drive; sewer, drainage and access easements within the common lots; the granting of Apache Drive for street purposes; easements for pedestrian access, alley aprons and sidewalk ramps. The Final Map also includes an irrevocable offer of dedication of fee interest in Lot B for open space which is being rejected. The irrevocable offer, even though rejected, remains open and subject to future acceptance by the City. The developers have paid all fees, executed the required documents and complied with all conditions of approval applicable to Unit 2. 6. RESOLUTION 11144 ACCEPTING PUBLIC IMPROVEMENTS - PALOMAR STREET SOUTH SIDE FROM FRONTAGE ROAD TO INDUSTRIAL BOULEVARD (City Engineer) R.E.Hazard Contracting Company has completed the construction of public improvements on Palomar Street, south side between Frontage Road and Industrial Boulevard. A final inspection was made on January 5, 1983. All work has been completed in accordance with the plans and specifications and to the satisfaction of the City Engineer. 7. RESOLUTION 11145 ESTABLISHING PARKING RESTRICTIONS ON PORTIONS OF GARRETT AVENUE AND OTAY LAKES ROAD (City Engineer) As a result of a review of street characteristics, the following trial traffic regulations were established: Schedule III- Parking Prohibited at all times on certain streets NAME OF STREET BEGINNING AT ENDING AT SIDE Garrett Avenue "H" Street Mankato Street East Otay Lakes Road Southernmost 250 feet north West driveway to Bonita Vista Junior High City Council Meeting - 4 - January 25, 1983 These traffic regulations have been in effect and functioning as intended for eight months. The approval of the resolution makes them permanent. 8. RESOLUTION 11146 APPROVING CHANGE ORDER NO. 3 FOR APPROVAL OF CREDIT TO THE CITY IN THE AMOUNT OF $4,000 FOR PARKING LOT PATCHING AND RESURFACING ACCOMPLISHED BY CITY FORCES (Director of Building and Housing) As authorized by the City Council, the landscaping of Jimmy's on the Green Restaurant was accomplished by City forces. To install landscape irrigation piping, it was necessary for City forces to cut trenches through the parking lot to supply irrigation lines to planter areas throughout the parking lot. With City forces doing the total landscape project and having to dig trenches across various parking lots and roadways, it was felt that with personnel and paving equipment on the job it would be advantageous for City forces to do all the repair and resurfacing. The contractor agreed with this and received approval from his paving contractor who in turn cancelled his subcontract in the amount of $4,000 for the repair of parking lot, access roads and resurfacing of the areas noted on the plans. (End of Consent Calendar). RESOLUTIONS AND ORDINANCES, FIRST READING 9. RESOLUTION 11147 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) AND THE COUNTY OF SAN DIEGO FOR DEVELOPMENT OF CHULA VISTA "E" STREET TROLLEY STATION (City Engineer) In October 1982 the City of Chula Vista requested the County of San Diego's assistance in developing a new trolley station at "E" Street. This assistance would include all necessary activities required to develop the station, including planning, funding, construction, and coordination with affected parties. The County agreed to undertake this project in November 1982. Since MTDB's concurrence is necessary on all phases of this project, both County and City staff believed that MTDB should be included in a tri-party agreement. Mayor Cox announced that MTDB approved the agreement yesterday which will go to the Board of Supervisors on February 1. Councilman Moore questioned the selection of a Committee member under paragraph 1 in the agreement. MSUC (Cox/McCandliss) to designate Councilman Moore to serve on the tri-party panel as the representative of the City of Chula Vista. Mayor Cox noted that the Chamber of Commerce has also set up a Committee on this particular development and asked that Councilman Moore serve on this Committee also. Councilman Moore noted that he would be an ex-officio member of the Chamber's Committee and not a voting member. RESOLUTION OFFERED BY COUNCILMAN SCOTT the reading of the text was waived by unanimous consent passed and approved unanimously. City Council Meetin9 - 5- January 25, 1983 lOa. RESOLUTION 11148 APPROVING LEASE AGREEMENT BETWEEN CITY OF CHULA VISTA AND SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR THE LEASING OF CERTAIN LEGISLATIVE OFFICE SPACE -~ TO SENATOR WADIE DEDDEH (Assistant City Manager) lob. RESOLUTION 11149 APPROVING LEASE AGREEMENT BETWEEN CITY OF CHULA VISTA AND ASSEMBLY RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR THE LEASING OF CERTAIN LEGISLATIVE OFFICE SPACE TO ASSEMBLYMAN STEVE PEACE (Assistant City Manager) The four-year lease agreement for Senator Deddeh runs from December 6, 1982 through December 5, 1986 and provides approximately 1,458 square feet of office space in the new legislative office building. Monthly rent including utilities, maintenance and janitorial service for the space is $1,458 per month for the first 12 months with a maximum 8% annual adjustment based on the San Diego Metropolitan Consumer Price Index. The two-year lease agreement for Assembl3nnan Peace runs from December 6, 1982 through November 30, 1984 and consists of approximately 1,450 square feet at a monthly rental of $860 per month including utilities, maintenance and janitorial service. The lease also provides for a maximum 8% increase in the second year's rent based on the San Diego Metropolitan Area Consumer Index. A tentative agreement has been reached with Congressman Bates for the space now occupied and is currently being processed by him through offices in Washington, D. C. RESOLUTIONS OFFERED BY COUNCILMAN SCOTT the reading of the texts were waived by unanimous consent passed and approved unanimously. Councilman Scott commended the Mayor on the tremendous job he did with the Chamber of Commerce in coordinating the Legslative Offices and the "E" Street Trolley Station, stating "it was a job well done". ll. ORDINANCE 2020 AMENDING SECTIONS 8.34.010 AND 8.34.020 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO THE REGULATION OF HAZARDOUS MATERIALS (City Engineer) FIRST READING On July 20, 1982 the City Council, by reference, adopted the County's Hazardous Materials Disclosure Ordinance (No. 6293) and Hazardous Waste Surveillance Ordinance (No. 6376) so as to effectuate an effective body of Hazardous materials regulations. The County has subsequently modified its ordinances and requested that Chula Vista adopt the amended ordinances so as to provide continuity and enforceability to the program. Project Manager of County Health Services Mr. Larry Aker, stated that the Health Department is looking at the waste disposal problems and have determined that the State law is not being carried out in San Diego County. City Council Meeting - 6 - January 25, 1983 He explained that the ordinance provides a surveillance program in three phases: 1) inspections, (private industry assessments) a look at waste disposals 2) response and 3) incident response. Mr. Aker explained the various aspects in the hazardous materials Code answering the Council's questions on the various kinds of waste (hazardous and manifestible). As to the waste oil replacements specifically as it relates to service stations, Mr. Aker explained that there is an annual inspection fee of $75-$175 per service station; that trained firefighters could possibly do this job; that they will be hiring nine inspectors at the onset of the program with four later on in the year. David Wyman, Service Station Owner at 3995 Bonita Road and also a Trustee for the Southern California Service Station Association presented statistics to the Council on the disposal of drain oil in service stations stating that each service station has a holding tank of 500-550 gallons which is picked up once a month. Mr. Wyman objected to the $75 annual fee stating this is not a problem with the service stations and quoted a letter from the Union Oil Company informing all their service station owners to allow people to dispose of their waste oil into service stations waste tanks. This would be a customer service as well as a health and safety feature. Mr. Wyman requested that service stations be exempt from the provisions of this ordinance. Council discussion followed regarding the possibility of Chula Vista being on a disclosure program instead of the surveillance program; the determination on how the fee schedule was determined; any changes in the ordinance would have to go back to the Board of Supervisors; service stations are contributing financially to the program and do not have enough input into it; method of collecting fees until this issue is resolved. City Attorney Lindberg stated that if the Council wishes to hold implementation of the earlier ordinance in abayence a resolution can be forwarded to the County Board of Supervisors making this specific request (in regard to the service stations). Councilwoman McCandliss said she would agree to exempt the implementaton for service stations since they are unique until something is worked out but would not want to see the Council not implement the entire ordinance. She added that there are a number of"'l'arge waste producing businesses that have paid these fees and are recognized as hazardous waste producers and are involved in the program. MS (Scott/Malcolm) to refer this back to the County (Board of Supervisors) and ask if they feel, in the light of subsequent information, whether or not service station's fees are equitable and appropriate. Further, to ask the County to reconsider this portion of the ordinance and not collect these fees until the service station issue is resolved. MOTION RESTATED. MSUC (Scott/Malcolm) to forward to the County (Board of Supervisors) (the action of) the Council (that it) does not want that part of the ordinance that refers to service stations to be implemented in regard to the fee structure. Further, the Council requests that the County reconsider that part of the ordinance to see whether or not it is fair, and for staff to notify those people that obviously have a concern. City Council Meeting - 7 - January 25, 1983 Councilman Moore remarked that collecting fees from service stations affects the overall program; nevertheless, the Council has to think of the good that will come out of this program. There is a lot of pollution other than the service stations. Just to collect fees to make sure the program works and increasing the number of government employees is not the concern. MSUC (McCandliss/Scott) to place the ordinance on its first reading. The reading of the text was waived by unanimous consent passed and approved unanimously. In response to Council's Questions, City Attorney Lindberg stated that he will have a resolution back to the Council for consideration next week which will deal with the exclusion of the service stations. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 12. ORDINANCE 2019 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 12.30, SECTIONS 12.30.010 THROUGH 12.30.060, ALL RELATING TO THE REGULATION OF NEWS RACKS SECOND READING AND ADOPTION (City Attorney) The ordinance regulating news racks placed on sidewalk areas in the City of Chula Vista was placed on first reading at the meeting of January 18, 1983. MSUC (Scott/Moore) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent passed and approved unanimously. 13. REPORT STATUS OF AGREEMENT BETWEEN SCOOT AND AZTEC BUS LINES (Continued from meeting of January 18, 1983) (City Engineer) At its meeting of November 16, 1982 Council raised questions concerning the current agreement between SCOOT and Aztec Bus Lines for operating Chula Vista Transit (CVT). These questions related primarily to the term of the existing agreement, and the interest expressed by San Diego Transit (SDT) in submitting a bid to operate CVT for next fiscal year, FY 1983-84. The report from the Transit Coordinator addresses Council's questions, and discusses some uncertainties and potential problems in contracting with SDT for FY 1983-84. City Engineer Lippitt noted that this matter was continued from the last meeting due to the absence of Councilman Malcolm. Mr. Lippitt reported that two years ago, the City contracted with Aztec bus lines for the transit service - this was to be a three year program. He feels the City is getting good service and recommends a continuance for this contract for the additional one-year. In answer to Councilman Scott~s question, Transit Coordinator Gustafson explained paragraph 3E under the UMTA Act. City Council Meeting - 8 - January 25, 1983 Councilman Malcolm remarked that he contacted San Diego Transit and asked for a representative to be at the meeting this evening. He Questioned why the staff did not send them a report and arrange for a presentation this evening. Mr. Gustafson answered that he talked to Mr. Snoble, the General Manager of San Diego Transit last November and resolved some of the issues. Mr. Roger Snoble, General Manager of San Diego Transit explained that his firm will provide high quality service at a reduced cost and would like the opportunity to bid on the City~s service. They now have a separate component to their program (other than their Regional Program) called Community Based Driver Program. In answer to Councilman's questions, Mr. Snoble assured the Council that if they do get the bid, they will not come back with an exhorbitant rate later on, that they would be ready to give the Council a five-year fixed rate contract. City Manager Goss expressed his concern regarding the time element involved in going to bid now. Councilman Scott felt the Council should live up to their present agreement with Aztec that will go through 1984 and then go out to bid next year. MSC (Scott/Moore) to continue the agreement with Aztec through 1984 and to give Aztec notice the following year that the City Council will be going out to RFP's for transit service for the City. Councilman Malcolm voted "No" MSUC (Moore/Malcolm) that during the initial budget process staff present a report on the capital equipment: the pros and cons for obtaining the equipment for the transit system - the requirements (and costs) for capital equipment and anticipated future needs. 14. REPORT OF THE CITY MANAGER City Manager Goss stated that he has been on the job now for seven days. He has 1) reviewed the training program that will be presented to the employees in coordination with Southwestern College and 2) that SDG&E will be transporting their transformer (450,000 pounds) this evening through the City of Chula Vista. The route for the transformer will be from Palomar to Broadway, north to "E" Street to Bonita Road to San Miguel Road and then to the SDG&E Station. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. REPORT SALE OF EXCESS CAPACITY RIGHTS FROM MONTGOMERY SANITATION DISTRICT (City Engineer) The City has received notice from the City of San Diego that Montgomery Sanitation District is proposing to transfer 1,000,000 gallons of their capacity rights in the Metro Sewer System to the Winter Garden Sanitation District. As provided in the agreement between the participating agencies in the Metro System, all existing members have a right to respond. The recommendation is that the City Engineer notify the City of San Diego that the City Council has no objection to the transfer of capacity rights. MSUC (Malcolm/Scott) to accept the staff's recommendation. · "T T City Council Meeting - 9 - January 25, 1983 16. REPORT RED CURBS FROM I-5 TO BROADWAY ON "E" STREET AND "H" STREET (City Engineer) Mayor Cox stated that there is a correction in the Agenda Statement. The Safety Commission continued this item until their next meeting and there is a request that Council's action be continued also. MSUC (Scott/Malcolm) to continue this item to the meeting of February 22. 17. REPORT REGARDING POLITICAL SIGNS AS REGULATED BY THE MUNICIPAL CODE (Director of Building and Housing) The regulation of the placement and removal of political campaign signs in Chula Vista, as well as all cities, creates difficult enforcement problems. In an attempt to make regulations more effective, cities continually modify their regulations only to find the legality of those regulations being challenged in the Courts. Due to two such pending cases involving the cities of Vista and San Diego, the City Attorney believes this City's current regulations should remain in place until those cases have been decided. MSUC (Scott/Malcolm) to accept the recommendation. 18. MAYOR'S REPORT Mayor Cox reported that at the Sandag meeting last week, there was a recommendation on the ARJIS system by Chuck Ellis, Project Manager. The Mayor requested the Council hear this presentation also. MSUC (Scott/McCandliss) for the City Manager to schedule a Council Conference for this presentation. 19. COUNCIL COMMENTS Councilman Scott declared that he would like to have a reconsideration of the motion made last week on the waiving of underground requirement for Toys "R" Us. Council discussion followed whereby a suggestion was made that a letter be drafted to Toys "R" Us stating that the Council will be reconsidering its decision. MSUC (Scott/McCandliss) that a letter be drafted to Toys "R" Us indicating that the waiver that was granted to them (January 18, 1983) may be reconsidered when a new resolution is brought before the City Council. Councilman Malcolm stated that he listened to the tape of last week's meeting and is prepared to vote on this matter. One of the concerns of the citizens is the Council's waivering on businesses. Councilman Malcolm said he was not sure whether or not the decision made by the Council last week was a correct City Council Meeting - lO - January 25, 1983 one; however, he stands ready to live with it. Councilman Scott explained his reasoning for reconsideration stating that the Council was dealing with the tenant and not the property owner, and that Council could have put a lien on the property until such time as other developments in the area take place. Mayor Cox stated he is voting against the motion. He visited the site and cannot see how the City can pursue an underground utility district in that particular area at this time or even within the next lO years, since the trolley lines are clearly visable and does not add to the aesthetic view of the property in question. Motion to draft a letter to Toys "R" Us failed by the following vote: Ayes: Scott, McCandliss Noes: Malcolm, Moore, Cox Absent: None Further Council discussion involved the various aspects of waiving the underground utilities for Toys "R" Us; the tenant vs. the landlord issue; Toys "R" Us getting a 25-year lease on the property which is longer than some people own property; tenants vs. landlord issue can be taken up at a future Council Conference. Councilman Moore indicated that the City Manager can schedule this for a Council Conference if he feels the necessity for one. MSUC (McCandliss/Scott) for a Closed Session for purposes of litigation and personnel matters. The Council recessed to Closed Session at 9:00 p.m., the City Clerk was excused and the Mayor reported that the session adjourned at 9:28 p.m. ADJOURNMENT at 9:28 p.m. to the meeting scheduled for the Council Conference following the Redevelopment Agency meeting on Thursday, January 27, 1983 and to the regular meeting scheduled for Tuesday, February 1, 1983 at 7:00 p.m. WPC:0244C PG