HomeMy WebLinkAboutcc min 1982/12/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, December 7, 1982 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmen present Mayor Cox, Councilpersons McCandliss, Scott
Malcolm, Moore
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg,
Assistant City Manager Asmus
P1 edge of allegiance to the Flag was led by Mayor Cox followed by a moment of
silent prayer.
1. APPROVAL OF THE MINUTES for the meeting of November 23, 1982.
Mayor Cox noted a correction on page 7 of the minutes of the meeting, the last
sentence. It should read: "There will be a second reading of the Ordinance in
two weeks at which time Mr. McMahon can meet with the City Attorney to present
his concerns".
MSUC {Cox/Moore) to approve the minutes as corrected.
2. SPECIAL ORDERS OF THE DAY
a. Oaths of Office to newly appointed International Friendship
Commissioners, Eric C. Money-Penny, Doris Cox
City Clerk Fulasz administered the Oath of Office.
b. Presentation of Life-Saving Medals & Commendations to Officers R. Coulson
and J. Zoll (Director of Public Safety)
The Mayor and Director of Public Safety presented the medals to the two
officers. Mayor Cox and the Council congratulated the officers on their
heroic deeds.
3. WRITTEN COMMUNICATIONS
.., a. Leave of absence request, Jose Viesca {International Friendship
Commission)
MSUC (Cox/Malcolm) to grant a leave of six-months absence to Mr, Viesca.
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City Council Minutes - 2 - December 7, 1982
b. Senior Housing, urging implementation of Senate Bills ll60 and 1534, Area
Agency on Aging
The Area Agency on Aging requested Council support of Senate Bills ll60 and
1134 "Senior Housing".
City Manager Col e noted that the Planning Department is studying the
conditions of these Bills as they apply to the City. A report will be given
to the Council in February 1983.
MSUC (Cox/Scott) to accept the recommendation of the City Manager to send an
appropriate letter to the Area Agency on Aging.
c. County of San Diego request for Council endorsement of legislative policy
on border crossing operation (Board of Supervisors Policy M-36) - David
C. Nielsen
The County of San Diego requested Council's approval of the legislative policy
M-36 for support of adequate staffing by the Federal Government by the
San Ysidro border crossing and a second border crossing on Otay Mesa.
MSUC (Scott/Malcolm) to accept the recommendation of the City Manager to
support Board Policy M-36 with the exception to delete the wording which
states that "staff levels be adequate to assure that persons waiting to cross
the border ordinarily have no more than ten minutes to wait."
d. Request for Letter opposing accelerated natural gas deregulation - San
Diego Gas & Electric Company
San Diego Gas and Electric requested Council support of their efforts to have
the Federal Government with deregulation of gas price schedules.
MSC (Malcolm/Moore) to accept the recommendation of the City Manager that an
appropriate letter be sent to state legislatures and appropriate members of
Congress supporting SDG&E's efforts. Councilman Scott voted "no".
PUBLIC HEARING
4. PUBLIC HEARING HEARING CONSIDERING ACQUISITION OF A DRAINAGE
EASEMENT THROUGH EMINENT DOMAIN (Otay Valley Road)
(City Engineer/City Attorney)
This item was continued from the meeting of November 16 to allow the developer
and the property owner time to consider alternatives to the proposed eminent
domain action. The City Engineer met with both parties on December 1 and it
is his opinion that the eminent domain action may still be needed. He is
requesting that the Council continue this item for one week so that
Engineering staff can prepare all the pertinent information and calculations
which will be included in the Council's packet prior to the Public Hearing.
City Council Minutes - 3 - December 7, 1982
Mayor Cox stated that there is a request from Michael Spata, attorney for
United Enterprises, to continue this item to Dec. 14.
MSUC (McCandliss/Scott) to continue the Public Hearing to the meeting of
December 14, 1982.
Councilman Moore asked that the City Manager include a statement in the
December 14 report whether or not the City has considered any other options
regarding this drainage easement.
5. OP~AL COMMUNICATIONS
None
RESOLUTIONS AND ORDINANCES, FIRST READINGS
6a. RESOLUTION 11096 AUTHORIZING DESTRUCTION OF ROUTINE POLICE RECORDINGS
OF TELEPHONE AND RADIO COMMUNICATIONS {Director of
Public Safety)
b. RESOLUTION 11097 AUTHORIZING DESTRUCTION OF SELECTED POLICE RECORDS
Certain police department records, minimally two years ol d, are no longer
necessary for public or private purposes and serve no valid purpose in the
prosecution of criminal matters and should be destroyed.
Routine radio and telephone recordings which are at least lO0 days old and
which are no longer necessary to police operations should be destroyed.
RESOLUTION OFFERED by Mayor Cox, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
7. RESOLUTION 11098 ACCEPTING LOT # 7 OF THE TOWN CENTRE SUBDIVISION AND
AUTHORIZING STAFF TO RECORD DEED {Community
Development Director)
At the December 2nd Redevelopment Agency meeting, members authorized the
conveyance of Lot #7 of the Town Centre Focus Area to the City of Chula
Vista. This action was taken to enable the City, as owners of the property,
to sell Certificates of Participation and construct a parking structure on the
subject site.
In order to record the Deed of Conveyance, the City must accept the transfer
of property.
RESOLUTION OFFERED by Councilman Malcolm, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
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City Council Minutes - 4 - December 7, 1982
8. RESOLUTION 11099 ACCEPTING BIDS AND AWARDING CONTRACT FOR ROADWAY
LIGHTING LUMINAIRES AND SUPPLIES (City
Engineer/Purchasing Agent)
Bids were received on November 3, 1982 for roadway lighting luminaires, lamps
and photoelectric controls which will be used for the conversion from mercury
vapor to high-pressure sodium luminaires and stock replacement.
The resolution accepts the bids and awards the contract for the luminaires to
Dardanella Electric Corporation, for the photoelectric controls to General
Electric Supply Company, and the hi9h pressure sodium lamps to T F I
Electrical Supply.
RESOLUTION OFFERED by Councilman Moore, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
9. RESOLUTION 11100 AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
CALIFORNIA COASTAL COMMISSION FOR PLANNING GRANT
FUNDS (Community Development Director)
A 550,000 grant has been applied for although the maximum allowed has been
$30,000. The studies involved will cost approximately $150,000 the balance of
which will come from Redevelopmerit Agency funds and Santa Fe/Watt.
RESOLUTION OFFERED by Councilwoman McCandliss, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
lO. RESOLUTION lllO1 AUTHORIZING CHANGE ORDER, EXTRA WORK AND EXTENSION OF
TIME TO THE CONTRACT FOR LANDSCAPING, IRRIGATION AND
PARKING LOT IMPROVEMENTS, BAY FRONT PARK ICity
Engineer)
The contractor began construction of the median island on October 20, 1982.
On November 2, 1 982, the California Department of Transportation contacted the
City Engineering Department and voiced their concern over the construction of
the median island as creating a potential illusion of an eastbound left-turn
pocket. On November 9, the City presented to the contractor, McIntyre
Construction, Inc., a proposal for revision of the median island and received
a written proposal for the revision to the median island for a total cost of
$11,940.
The City Engineer is requesting that the City proceed with the revision to the
median island as extra work, the extra work to be performed in accordance with
Section 3.3 of the Standard Specifications for Public Works Construction.
Due to the delays in the work which are beyond the control of the contractor,
an extension of contract time in the amount of 20 working days is being
granted changing the contract completion date to February 4, 1983.
City Council Minutes - 5 - December 7, 1982
In answer to Councilman Malcolm's querry, City Manager and City Engineer
explained the negotiation process in receiving the bids stating that once the
project is accepted, he will provide the Council with the total cost.
RESOLUTION OFFERED by Councilman Scott, the readin9 of the text was waived by
unanimous consent.
11. RESOLUTION lll02 APPROVING LEASE AGREEMENT WITH KEN TAYLOR FOR THE
SALE OF CHRISTMAS TREES ON VACANT LOT ADJACENT TO
JIMMY'S ON THE GREEN RESTAURANT ICity Attorney)
At the Conference of December 2, 1982, the City Council agreed to the lease of
the vacant property which is a part of the Chula Vista Municipal Golf Course
adjacent to Jimmy's on the Green Restaurant to Mr. Ken Taylor for the month of
December for the sale of Christmas trees.
RESOLUTION OFFERED by Councilman Moore, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
12. ORDINANCE 2013 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING
6.28 ACRES AT EAST "j" STREET AND 1-805 FROM R-l, P-C
AND R-1-H TO R-1-H-P - SECOND READING AND ADOPTION
IDirector of Planning)
On November 9, 1982 Council directed that an ordinance be prepared to rezone
the 6.28 acres on the north side of East "J" Street to R-1-H-P.
The recommendation is that the Council introduce the ordinance with the
following development guidelines:
1. Any development shall be subject to Design Review Committee approval
to assure retention of the view shed.
2. All structures shall maintain a minimum 25-foot setback from East
"J" Street.
3. All dwelling units, regardless of type, shall be designed to meet
the State of California Administrative Code Title 25 noise
insulation standard for a maximum interior noise level of 45 dBA.
All exterior private open-space areas exposed to approximately 65
dBA level or higher shall be provided with a line-of-sight barrier
protection.
4. Any development pl an approval will require that an open space lot
with an access easement to the San Diego formation soils be provided
for qualified paleontologists to gain access and conduct necessary
excavations at some future date.
City Council Minutes - 6 - December 7, 1982
5. Access to "J" Street shall be designed to minimize traffic
conflicts.
Councilman Scott objected to the wording "view shed" in the guidelines stating
that a more descriptive term should be used.
MSUC (Scott/Moore) to delete the word "shed".
MSC (McCandliss/Scott) to place the ordinance on second reading and adoption.
The reading of the text was waived by unanimous consent passed and approved
with Councilman Malcolm voting "no".
13. ORDINANCE 2014 AMENDING CHAPTER 2.04 OF THE CHULA VISTA MUNICIPAL
CODE BY AMENDING SECTIONS 2.04.580 AND 2.04.590
RELATING TO COMPENSATION FOR MEMBERS OF THE CITY
COUNCIL AND THE MAYOR SECOND READING AND ADOPTION
(City Attorney)
The Chula Vista City Charter allows the City Council to provide an annual pay
increase for Councilmembers and the Mayor in an amount not to exceed five
percent (5%). The ordinance was placed on first reading at the meeting of
November 23, 1982.
Mayor Cox noted a letter from Cliff Roland objecting to an increase of 5% in
pay for the Mayor in view of the fact that the Mayor was just awarded an
increase in salary to $24,000 by the electorate in November.
MS (Malcolm/McCandliss) to file that section of the ordinance referring to the
Mayor's salary (Section 2.04.590).
Council discussion ensued regarding the time element in the Mayor receiving
the 5% salary increase; justification for the increase; the expense account
presently being received by the Mayor (~300 per month); a suggestion for a
management benefit package for the Mayor in lieu of the 5% increase in salary;
and a possible decrease in the expense account.
Councilman Malcolm stated he would withdraw his motion. Councilwoman
McCandliss stated she would not withdraw the second; therefore, the motion
stands.
SUBSTITUTE MOTION
MSUC (Scott/Malcolm) for two staff members of the City Council to get together
next week and come up with what they feel would be best (for the Mayor's
salary) that meets the majority of the commons that were stated at the Council
meeting and then bring it forth at the next meeting. The two members
appointed are Councilwoman McCandliss and Councilman Malcolm.
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City Council Minutes - 7 - December 7, 1982
14. REPORT ON NON-FEE ACTIVITIES IN THE PARKS AND RECREATION DEPARTMENT
(Continued from the meeting of November 23, 1982) (Director of Parks and
Recreation)
On November 23, 1982, the Director of Parks and Recreation presented the City
Council with a report on "non-fee" activities provided by the Park and
Recreation Department. The report was referred back for delineation of other
"non-fee" activities believed to more actually reflect such activities. A
more definitive and expanded list has been submitted.
Councilman Moore referred to the agenda background report stating that it
should be changed to state that it was not Councilman Moore who requested the
complete listing of all the free programs offered to the public - it was the
direction of the City Council.
MSUC (Moore/McCandliss) to accept the report.
15. REPORT OF THE CITY MANAGER
None
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
16. REPORT Maintenance of Passageway from Third Avenue to the Public
Parking Lot on Madrona Street (Community Development Director)
At the meeting of November 9, 1982, the City Council requested that staff
investigate the feasibility of incorporating the passageway from Third Avenue
to the parking lot on Madrona Street into the maintenance program established
by the City as part of the Town Centre Lighting and Maintenance District.
After discussion with the City Engineer and Landscape Architect, it has been
determined that the maintenance of this passageway would appropriately be
handled under the Assessment District.
The recommendation is that the Council authorize the incorporation of the
maintenance of the passageway from Third Avenue to the public parking lot on
Madrona Street into the Town Centre Lighting and Maintenance District.
MSUC (Moore/Scott) to accept the report.
17. REPORT City of Chula Vista Membership in WE TIP Program (Director of
Public Safety)
At the Council Meeting of October 5th, 1982, a request was received from the
City of San Marcos asking the City of Chula Vista to consider membership in
the WE TIP Program. The WE TIP Program was established ten years ago as a
crime prevention service to the citizens of California. The Police staff
reviewed the WE TIP Program several years ago and at that time declined
membership. Currently the only cities in San Diego County that have joined
City Council Minutes - 8 - December 7, 1982
the program are San Marcos and Vista. While the program appears to be
beneficial, the Director of Public Safety feels the question as to membership
"~ for Chula Vista should be considered during the 1983-84 budget deliberations.
MSUC (Scott/Moore) to accept the report.
18. REPORT Use of the Lien Agreement as a Security Device for the Deferral
of Public Improvements (City Attorney)
At the City Council meeting of November 23, 1982, Councilman Malcolm
questioned the efficacy of the lien agreement proposed for the deferral of
public improvements on the Hyspan property. Specifically, he stated that he
did not believe that the lien agreement, which was clearly subordinate to any
prior trustees, mortgages, hypothecations and other encumbrances, would
provide adequate security to the City for such future demand for the
installation of improvements. Council directed that the City Attorney prepare
a "learned dissertation" on the subject of lien improvements. The City
Attorney has prepared this report.
MSUC (Scott/Malcolm) to accept the report.
19. MAYOR'S REPORT
a. Application for Appointment to Design Review Board/Committee MSUC
(Scott/Malcolm) to ratify the appointment of Alfredo Araiza to the Design
Review Board and Committee (replacing Marc Tarasuck).
b. In answer to the Mayor's question, City Manager Cole reported that the
last severe rainstorm did not do any extensive damage in the City outside
of a few trees and limbs being blown down. Mayor Cox noted the
eucalyptus tree in Friendship Park is in need of some support and asked
that the staff look into this.
c. Mayor Cox reported that there was a mass signing of legal documents this
morning at ll:O0 a.m. of all parties concerned regarding financing of the
"J" Street marina and RV park.
d. Mayor Cox announced and invited the public and Council to the Christmas
tree lighting ceremony which will take place Wednesday evening at 7:00
p.m. at which time there will be snow in the Civic Center Plaza.
e. Mayor Cox commented on the two streets in Chula Vista that have been
publicized as Candy Cane Lane (Guava Avenue) and Christmas Tree Circle
_.. (Mankato/Whitney) adding that buses of people are coming as far away as
Fresno every year to see these lighted streets.
MSUC (Cox/Scott) for staff to prepare a resolution which would be mailed out
to all the people in these two streets commending them for their dedication in
upholding the Christmas spirit.
City Council Minutes - 9 - December 7, 1982
COUNCIL COMMENTS
f. Mayor Cox referred to a petition received by the City Council by City
employees regarding a no smoking policy in the public services building.
MS (Cox/McCandliss) to refer this petition to the City Manager for a
recommendation back to the City Council.
Councilman Scott questioned the proper procedure of receiving this petition.
City Manager Cole stated that there is a grievance procedure which the
employees should have followed. City Attorney Lindberg affirmed that the
grievance procedure is established; however, there is no prohibition against
submitting the petition to the City Council which is automatically
referred to the City Manager.
Mayor Cox withdrew his motion and Councilwoman McCandliss withdrew her
second. Councilman Moore noted that the petition is being referred to the
City Manager without a motion.
g. Mayor Cox remarked that there was a recent dedication of the Port
District's Bayside Park on the Bay and questioned having a name for the
triangular-shaped parcel which is now being referred to as "Bayfront
Park".
MSUC (Cox/Malcolm) to direct the staff to consider a more suitable name for
that triangular-shaped parcel and come back to the City Council with their
recommendation.
20. COUNCIL COMMENTS
a. MSUC (Malcolm/Moore) for a Closed Session for personnel matters at the
close of the meeting. City Attorney Lindberg was invited to attend.
b. Councilman Malcolm said he has been receiving calls from residents along
the intersection of Hillltop and Quintard Avenue. There have been some bad
accidents there and no cross walk for the students to get to Castle Park High
School. City Enginner Lippitt stated that his staff is now in the process
Of looking at all the intersections of the City and this intersection will be
studied.
MSUC (Scott/Malcolm) to refer this intersection to staff for study.
c. Councilman Scott remarked that former Mayor Will Hyde had requested
that a study be done of the zoning along Broadway. Councilman Scott
questioned the status of that study.
MSUC IScott/Moore) to have an interim report to the City Council at the next
meeting - this can be an oral report.
City Council Minutes - lO - December 7, 1982
d. Councilwoman McCandliss stated that she participated in an experiment
last Saturday on driving under the influence of intoxicating beverages. The
test brought to light the fact that people should not drive at all while under
this influence. Councilwoman McCandliss wanted to remind everyone, especially
now during the holiday season, to be fully aware of the consequences.
The Council recessed to Closed Session at 8:03 p.m. The City Clerk was
excused. The Mayor reported that the Closed Session adjourned at 9:00 p.m.
ADJOURNMENT at 9:00 p.m. to the meetings scheduled for Thursday, December 9 at
4:00 p.m. and Tuesday, December 14, 1982 at 7:00 p.m.
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