HomeMy WebLinkAboutcc min 1982/09/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, September 7, 1982 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmen present: Mayor Cox, Councilmembers McCandliss, Scott,
Malcolm
Councilmen absent: Councilman Moore
Staff present: City Manager Cole, City Attorney Lindberg,
Development Services Administrator Robens
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 August 21, 8:00 a.m., August 24,
6:00 and 7:00 p.m. and August 26, 4:00 p.m.
MSUC (Cox/McCandliss) for approval with corrections for meeting minutes of
8/21/82. William Cannon and Thomas Shipe were present as noted in the meeting
minutes.
2. SPECIAL ORDERS OF THE DAY
City Clerk Fulasz administered the oath of office to the newly appointed
Planning Commissioners William Cannon and Thomas Shipe.
3. OP~AL COMMUNICATIONS
a. James Matherly, 401 Oaklawn Avenue, Chula Vista, Ca. 92010, spoke against
the Tijuana Trolley and referenced a letter he mailed to Roger Mudd.
b. Warren Nielson, 3855 Birch Street, San Diego, Ca. referenced last week's
article in the paper regarding Councilman Malcolm's comments about the
future proposed election concerning the SANDER Project. Mr. Nielson asked
that the Council reconsider its decision on the SANDER election. City
Attorney Lindberg asked the Council to refrain from making a decision on
this matter until they have reached some decisive point.
c. Cliff Roland, llO0 Industrial Boulevard, Chula Vista recalled the staff's
report regarding the student golf pass. He indicated that the
determination of the resolution on this particular item was not the fault
of the Golf Pro but was in fact the responsibility of the Parks and
Recreation Director.
City Council Meeting -2- September 7, 1982
d. Mr. James A. Berry, 885 Ash Avenue, Chula Vista, Ca. 92011 suggested that
the Council list items that are not to be discussed during Oral
Communications on the Weekly Agenda. He cited his desire to speak on the
SANDER Project but was confused because there has been no clarification on
the Agenda.
e. MS (Cox/McCandliss) to ask the staff to look into putting items on
the Agenda that the public cannot speak to.
Discussion of the motion involved the burden which this would put on the
staff; the time element involved in scheduling the public hearings, and that
this is an emotional item on which the Council may be "over-reacting".
Restatement of the Motion:
MS(Cox/McCandliss) to consider this situation and for staff to look at
suggestions that have been made. The motion failed by the following vote
to-wit:
AYES: Councilmembers Cox, McCandliss
Noes: Councilmen Scott, Malcolm
Absent: Councilman Moore
e. Joe Garcia, 484 Fifth Avenue, Chula Vista, Ca. 92011, expressed his views
on parliamentary procedure regarding speaking on the SANDER Project and
personal privilege. He was advised by the City Attorney that there is no
point of personal privilege in regard to a subject that is not on the
floor.
f. Koloakini Eckert, 657 Third Avenue, Chula Vista, Ca. g2011 referenced a
letter she previously submitted to the Councilmembers regarding a budget
estimate for a proposed City Anthem and eight other pieces of folk music.
Her budget called for 1/2 million dollars to accomplish her purpose.
4. WRITTEN COMMUNICATIONS (None)
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEARING CONSIDERING THE WIDENING AND REALIGNMENT OF
TELEGRAPH CANYON ROAD AND THE PUBLIC NECESSITY TO
ACQUIRE RIGHT-OF-WAY AND SLOPE RIGHTS TO ACCOMPLISH
THE ROAD IMPROVEMENTS {Continued from August 3,
1982 meeting) (City Engineer)
As a condition of approval for Chula Vista Tract 82-2, Telegraph Point,
Council required that a public hearing be conducted to consider the widening
of Telegraph Canyon Road between a point approximately 1,650 feet east of
Paseo Ladera and Rutgers Avenue and the necessity of acquiring right-of-way
and slope rights.
9/7/82
City Council Meeting -3- September 7, 1982
The public hearing was continued to September 7 to allow the developer to work
on an alternate design for Telegraph Canyon Road.
Mayor Cox noted the recommendation of the City Engineer that the public
hearing be closed and a new public hearing scheduled at such time as the
proponents have completed preparation of their new proposal, including
right-of-way maps.
MSUC (Cox/McCandliss) to table this item.
6. PUBLIC HEARING TO CONSIDER VACATING A PORTION OF INDUSTRIAL
BOULEVARD FROM "K" STREET TO 794 FEET SOUTH {City
Engineer)
RESOLUTION 10997 ORDERING VACATION OF SUBJECT PORTION OF INDUSTRIAL
BOULEVARD
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt referring to his staff report explained that in 1976 the
owner of the property west of Industrial Boulevard between "K" and "L" Streets
requested that all that portion of Industrial Boulevard adjacent to his
property be vacated. On March 4, 1980, Councilman Scott commented that
Caltrans may have an interest in using the street right-of-way for a Park &
Ride lot. On March 18, 1980, Manuel Demitri of Caltrans indicated that the
State would like to use the right-of-way for a Park & Ride lot.
Caltrans has determined it will ultimately use 450 lineal feet of Industrial
Boulevard reaching from "L" Street to the north to accommodate a total of 475
cars. Inasmuch as the balance of street right-of-way is not now deemed
necessary for street purposes, the City Engineer recommended that the Council
order the vacation of the subject portion of Industrial Boulevard.
Council discussion followed regarding ownership of the property, what the
property will be used for by the present owner; was the property deeded in fee
or deeded in easement?
Mr. Duhamel, 299 Glover Avenue, Chula Vista, Ca. 92011, expressed his concern
that the Council not approve the vacation until title of the property is
determined. Mayor Cox responded that the owner of the property is immaterial
because the question is whether the property is needed for public usage and,
once that is decided, the question of ownership will be determined by a court
of the law.
9/7/82
City Council Meeting -4- September 7, 1982
The City Attorney explained that there doesn't appear to be any future need
for the street. He believes all the elements regarding easements and
litigation have been resolved: no easements need to be retained for utilities;
the MTDB will acquire a portion of the street to the westerly area and the
property owner will acquire that portion of the street that is being vacated.
If the Council decides to vacate that portion of the street, that will be the
end of the litigation and there will be no further litigation on the part of
the property owner in terms of attempting to acquire, as a property right, the
underlying fee or the fee of the property that is now used for Park & Ride
purposes. The balance of that property may be in dispute and this will be
sorted out at a later time. If it results in a determination that the City,
in fact, owns the underlying fee to a portion of the property that is being
vacated, a proposal will then be made to the City Council for the purchase of
that property.
There being no further comments either for or against, the public hearing was
declared closed.
THE RESOLUTION WAS OFFERED BY MAYOR COX, reading of the text was waived by
unanimous consent, passed and approved unanimously.
7. PUBLIC HEARING CONSIDEP~ATION OF AMENDING MUNICIPAL CODE TO REQUIRE
MANDATORY REFUSE COLLECTION AND DISPOSAL FOR ALL
RESIDENTS OF THE CITY (City Manager)
ORDINANCE AMENDING SECTION 8.24.060 OF CHAPTER 8.24 OF THE
CHULA VISTA MUNICIPAL CODE TO REQUIRE MANDATORY
REFUSE COLLECTION AND DISPOSAL FOR ALL CITY
RESIDENTS - First Reading
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Manager Cole referred to his staff report regarding the mandatory trash
collection and his recommendation for approval. Councilwoman McCandliss
questioned the number of dwelling units listed in the report. Ed Clarey,
Chula Vista Sanitary Service explained how they came up with the figure for
the dwelling units and stated that they estimate approximately 2,000
non-subscribing residents currently choose to dispose of their refuse in some
other manner.
City Manager Cole commented that the City Council will be acting upon a
resolution setting for public hearing a request for a rate increase to be held
September 21, 1982. Under the new rate proposal now being studied by City
staff, the franchisee is requesting a rate of $5.94 per month for residential
properties for non-mandatory service, and $5.60 per month if mandatory service
is required. He recommended that mandatory collection be required in order to
alleviate some of the trash problems and, at the same time, reduce the monthly
rate to some degree levied against all users.
9/7/82
City Council Meeting -5- September 7, 1982
Speaking in opposition were: Mr. Joe Garcia, 484 Fifth Avenue, Chula Vista,
Ca. 92011; Patricia R. Porter, 418 "I" Street, Chula Vista, Ca. 92011; Mr.
Duhamel, 229 Glover Avenue, Chula Vista, Ca. 92010; Mr. Howard Evans, 1431
Camellia Court, Chula Vista, Ca. 92011; Mr. A1 Campbell, Chula Vista, Ca.
92011 and Mr. Robert Ghiloni, 304 E. Oneida Street, Chula Vista, Ca. 92011 In
summarizing, their reasons cited were:
1) Senior citizens, the unemployed and the small business people will
suffer with this procedure. Many of these people now have their
friends and relatives picking up their trash for them. Small
business people who have their business garbage picked up also have
their residence garbage there.
2) There would be a significant rate increase. Also, the topics of
mandatory collection and rate increase should be on the same agenda.
3) There should be a specific definition of "garbage".
4) People should be able to make their own decisions on what should be
picked up by a sanitation company and what they want to recycle.
5} Sanitation service should not have been granted a 5-year contract
with a 5-year option without open bidding. People should not have to
pay for sanitation business "granted" by the City Council.
6) It is believed that visitors also contribute to the trash problem.
7) Concern was expressed as to the non-profit organizations that rely on
collecting recyclable articles for funds.
8) Uncontrollable situations arise, such as dogs going through the
trash.
Mr. Jim Banks, 75 Corte Maria, Chula Vista, Ca. 92011 was in favor of
mandatory sanitation service. However, he resents his neighbor, who is not
paying for trash service, putting his trash out with Mr. Bank's trash.
There being no further comments either for or against, the public hearing was
declared closed.
Councilwoman McCandliss asked what the other communities in the County are
doing about their trash. City Attorney Lindberg stated that 7 out of the 14
communities are requiring mandatory trash collection.
Council discussion followed regarding the treatment of senior citizens and how
they would get a reduction in rates. Mr. Clarey of the Chula Vista Sanitary
Service explained how the seniors could purchase the bags {a six-month supply)
and, when these were filled, they would come back and purchase more.
9/7/82
City Council Meeting -6- September 7, 1982
Councilman Malcolm questioned what will happen if the SANDER Project comes
into being. City Attorney Lindberg indicated that the Council should not be
talking about the SANDER Project at this time but just to consider the
question of mandatory trash service for everyone in the City.
MSUC (Cox/Scott) for a report back in two weeks on the staff's position on the
practicality of this particular ordinance and recommendations on the exemption
clause.
A recess was called at 9:00 p.m. and the meeting reconvened at g:13 p.m.
CONSENT CALENDAR
MSUC {McCandliss/Malcolm) to accept and adopt the Consent Calendar.
8. RESOLUTION 10998 ACCEPTING PUBLIC IMPROVEMENTS - BONITA CENTER EAST
SUBDIVISION (City Engineer)
This final inspection for the public improvements was held October 8, 1981 and
a letter of deficiencies prepared. The deficiencies outlined in the letter
have now been completed in accordance to plans and specifications and to the
satisfaction of the City Engineer. A maintenance bond in the amount of $4,560
has been filed with the City to guarantee the public improvements as to
workmanship and material for a period of one year after acceptance of the
improvements by the City Council.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading was waived by
unanimous consent, passed and adopted unanimously.
9. RESOLUTION 10999 ACCEPTING PUBLIC IMPROVEMENTS FOR CONCRETE LINED
CHANNEL BETWEEN THIRD AVENUE AND "G" STREET ICity
Engineer)
W. Nash dba Silver Strand Masonry and Cement Contractors has completed the
construction of the concrete lined channel between Third Avenue and "G"
Street. Final inspection was made on July 28, 1982. All work was found to be
constructed in accordance to contract specifications and to the satisfaction
of the City Engineer.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and adopted unanimously.
10. RESOLUTION llO00 SETTING PUBLIC HEARING FOR CONSIDERATION OF RATE
INCREASES FOR TRASH SERVICE, CHULA VISTA SANITARY
SERVICE, INC. (City Attorney)
The City Council last revised the rates for the Chula Vista Sanitary Service
on August 4, 1981. Since that time, there have been significant changes in
9/7/82
C~ty Council Meeting -7- September 7, 1982
cost to the company which they feel warrant an increase in their existing
rates. It is expected that the new rate schedule would be implemented on
October 1, 1982.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and adopted unanimously.
(END OF CONSENT CALENDAR)
RESOLUTIONS AND ORDINANCES, FIRST READINGS
ll. RESOLUTION llOO1 APPROVING DEFERP~L AND LIEN AGREEMENT FOR DEFERRAL
OF PUBLIC ALLEY IMPROVEMENTS ADJACENT TO 234 THIRD
AVENUE - Atlas Travel Service ICity Engineer)
Ms. Judy Cormely has leased the vacant portion of the Atlas Travel Service
building located at 234 Third Avenue. She plans to renovate the interior of
the building to accommodate a beauty salon. Due to the cost of the planned
improvements exceeding $10,000, Ms. Connely is required to improve that
portion of the alley west of Third Avenue and adjacent to 234 Third Avenue.
The property owner, Atlas Travel Service (a partnership), has requested that
these alley improvements be deferred and wishes to execute a lien agreement in
the amount of $2,300 to ensure that the public improvements will be installed
at a 1 ater date.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
12. RESOLUTION 11002 APPROVAL OF AN AGREEMENT WITH THE OTAY WATER
DISTRICT FOR CONSTRUCTION OF A WATERLINE IN THE
OTAY VALLEY ICity Engineer)
In order to assist the Hyspan Development, as well as other proposed
developments in the Otay Valley, the Council approved an appropriation of
Community Development Block Grant funds to construct a new waterline in
Brandywine Avenue and Otay Val 1 ey Road to increase water pressure to
acceptable level for fire protection. The City will bid and construct the
waterline which will be turned over to the Water District upon completion. An
a~reement 9overnin~ the conditions for construction and conveyance of the
waterline has been submitted by the Water District for execution by the City.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
9/7/82
City Council Meeting -8- September 7, 1982
13. RESOLUTION llO03 APPROVING AGREEMENT WITH LARWIN-SAN DIEGO, INC.
RELEASING LARWIN FROM THE FURTHER OBLIGATION TO
MAINTAIN A SEWAGE LIFT STATION IN UNIT 1 OF
EL RANCHO DEL REY (City Attorney)
In August of 1972, the City entered into a Subdivision Improvement Agreement
with E1 Rancho del Rey Corporation, which included a provision requiring
E1 Rancho del Rey to maintain a sewer lift station until such time as a
gravity sewer system was constructed. The City requires security for a
ten-year period and then relies on the agreement for any time beyond ten years
that a gravity sewer is not constructed.
Shortly thereafter, the City agreed to the assignment of this obligation to
Larwin-San Diego, Inc. Larwin took the position that the agreement was only
binding for the ten-year period when security was required. The City Attorney
contacted them and informed them that this was not the case and that they
would be obligated until a gravity sewer was in place. Larwin then submitted
a check as full accord and satisfaction of its obligation to the City and,
thereafter, ceased making payments and the City filed an action against them
in Small Claims Court.
It is the recommendation of the City Attorney that the Council approve the
release agreement and authorize the Mayor to sign it in return for the $10,000
payment and the $3,000 bond presently on deposit with the City.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unainimous consent, passed and approved unanimously.
14. RESOLUTION llO04 SETTING A PUBLIC HEARING FOR CONSIDERATION OF
REVISIONS TO THE MASTER FEE SCHEDULE FOR FEES
RELATED TO LAND DEVELOPMENT
At the budget review session held on July 17, 1982, Council directed staff to
revise City fees by applying a principle of full-cost recovery to those fees.
Senate Bill 1005, which became effective January l, 1982, amended the
Government Code Section 54992 by requiring that a public hearing be required
any time certain development related fees were either levied or increased.
The recommendation is to set this matter for a public hearing on September 28,
1982.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
15. RESOLUTION llO05 REQUESTING PERS TO EXTEND CITY'S FUNDING PERIOD
(City Manager)
On August 5, 1982, the Public Employees Retirement System {PERS) notified the
City that a reduced funding rate for retirement costs could be realized as a
result of a recent PERS action to revise the funding period. This option is
9/7/82
City Council Meeting -9- September 7, 1982
being offered as a result of governmental agencies (particularly the State)
looking for means to reduce operating expenditures. Through this revision,
the City's annual rates would be reduced from 16.652% to 14.816% for fire and
police, and from 10.867% to 9.842% for miscellaneous employees.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
16. RESOLUTION (THIS ITEM HAS BEEN DELETED)
17. ORDINANCE 2003 AMENDING MUNICIPAL CODE CHAPTERS 5.15, 5.54 AND
5.58 PERTAINING TO AUTOMOBILES FOR HIRE, TAXICABS
AND TOW TRUCKS, RESPECTIVELY First Reading
(City Manager/City Attorney)
On April 8, 1982, the Council requested staff to review the taxicab ordinance
procedures to determine the appropriateness of transferring responsibility for
taxicab processing coordination from the City Clerk to the City Manager with
the Police Department performing the application processing as well as
enforcement. In the course of examining this issue, staff also reviewed the
licensing procedures for the related commercial vehicles of "automobiles for
hire" and tow trucks used in police emergency situations.
It was moved by Councilman Scott that the ordinance be placed on first
reading, tile reading of the text was waived by unanimous consent, passed and
approved unanimously.
18 ORDINANCE AMENDING THE OPEN SPACE CHAPTER 17 OF THE MUNICIPAL
CODE - First Reading (Director of Parks &
Recreation)
At the August 17, 1982 meeting, Council directed staff to amend the Open Space
Chapter of the Municipal Code to authorize the establishment of a maximum
reserve of 50% of the previous year's operating budget.
Councilman Scott, referring to the ordinance stated that he felt that it would
be more advisable for the people in the area to select their own advisory
board rather than have the City Council do this.
MSUC (Scott/Malcolm) that the section regarding selection of members of the
Advisory Committee be rewritten by the City Attorney and brought back to the
City Council next week.
9/7/82
City Council Meeting -lO- September 7, 1982
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
19. ORDINANCE 2001 AMENDING SECTIONS OF THE MUNICIPAL CODE RELATING TO
PUBLIC POOL INSPECTIONS AND PERMITS AND PERMIT
APPLICATION FEES FOR WELLS Second Reading and
Adoption (City Attorney)
At the meeting of August 24, 1982, this ordinance was presented to the Council
as a Unanimous Consent Item. The ordinance establishes the requirements for
inspection of public pools and wells and sets the fees accordingly.
MSUC (Cox/McCandliss) the reading of the text was waived by unanimous consent,
passed and approved unanimously.
20. ORDINANCE 2002 ADOPTING PLANNED COMMUNITY ZONE FOR APPROXIMATELY
1,268 ACRES FOR EASTLAKE Second Reading and
Adoption (City Attorney)
The ordinances was placed on first reading at the meeting of 8/24/82 and is
now ready for second reading and adoption.
MSUC (Cox/Scott) the reading of the text was waived by unanimous consent,
passed and approved unanimously.
21. REPORT OF THE CITY MANAGER
a. City Manager Cole reported that the golf pro will be moved in to his new
facility this Friday; the vending machines should be operating by
Thursday, and the Half-Way house will be demolished tomorrow.
b. The Vista Square School PTA has requested permission to stage a 4th grade
bike-a-thon for Saturday, September ll, 1982, scheduled to go from their
school to Rohr Park.
MSUC (Scott/Malcolm) to approve the request subject to any staff requirements.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
22. Report Dedicating Chula Vista Transit Center Improvements to the MTDB
l~'~l~'pment Services Administrator)
At its meeting on February 9, 1982 Council authorized the City Engineer to
grant an encroachment permit for portions of the Transit Center within the
public right-of-way. The Development Services Administration reports that two
main issues regarding this dedication procedure are maintenance and liability
and is recommending that Council: l) Recommend to SCOOT Board that the Board
deed all surface improvements at the Transit Center located on MTDB property
to the MTDB, with the exception of the traffic signal control device, which
shall remain the responsibility of the City; and, 2) Recommend to SCOOT Board
that Board approve a new agreement between SCOOT and MTDB "regarding use of
the Chula Vista "H" Street Transit Center".
MSUC {Scott/Cox) to accept the staff recommendations.
9/7/82
City Council Meeting -ll- September 7, 1982
23, Report on Cost Adjustment to FY81-82 Agreement Between SDTC and SCOOT for
Te)ephone In"f6~'matlon Serwce (Development Services Administrator)
The FY 1981-82 agreement between SDTC and SCOOT for regional telephone
information service was in the amount of $6,213. SDTC has informed the
Transit Coordinator that SCOOT's share of regional transit information calls
were underestimated, and SDTC is requesting an adjustment to the FY1981-82
agreement in the amount of $4,483. Since each participating transit system's
share of telephone system costs was estimated in the beginning of the fiscal
year, the agreement specifies that cost adjustments may be made based on
actual calls received at fiscal year end.
The recommendation is that Council recommend a cost adjustment to the FY
1981-82 SDTC Telephone Information Service Agreement in the amount of $4,483.
MSUC {Malcolm/Scott) to accept the report.
24. Report on Adjustment to FY81~82 Transportati on Development ACT (TDA)
Article 4.0 Claim and Return of 5200,818 to the Local Transportation Fund
(Development Services Administrator)
The Assistant Director of Finance has received a letter from the County of San
Diego Auditor requesting that SCOOT return $200,818 of its FY 1981-82 TDA
allocation to the Local Transportation Fund. This $200,818 and $72,427 in FY
1981-82 unpaid allocations will be deposited in a capital reserve account at
the County. These funds will be reserved for future SCOOT bus purchases.
MSUC (Scott/Malcolm) to accept the report.
25. Report on CVT and HandYtrans Operations for FYB1-82 Annual Report
(Development Services Administrator)
The report presents annual operating statistics and performance indicators for
CVT and HandYtrans for FY 1981-82.
Councilwoman McCandliss indicated it would be important that performance
indicators are highlighted so that it would not overly stress the
contributions of the Starlight Center Service. If that contract is ever taken
away, the City can continue the HandYtrans Service because of the 10% recovery
ratio that is needed.
MSUC (Scott/Cox) to accept the report.
26. Report: Grantee Performance Report (Community Development Director)
The report to HUD is required annually, and it details the City's use of
Conanunity Development Block Grant funds during FY 1981-82 and the benefits
received by the citizens.
MSUC (Malcolm/Cox) to accept the report.
9/7/82
City Council Meeting -12- September 7, 1982
27. Supplementary Report Regarding the Moving of the Orchard House Owned by
the Matteis Family (Director of Public Works Operations)
At its 8/24/82 meeting, the City Council requested staff to return with a
supplementary report regarding the moving of the orchard house owned by the
Matteis family, specifically noting the regular trimming schedule of the trees
on Second Avenue and the type of trimming that will be required of the pepper
trees on Second Avenue to move the house.
The recommendation is that the Matteis family pay the full recovery cost of
approximately $1,340.00 for the trimming of the trees along Second Avenue.
MSUC (Cox/Scott) to accept the report.
MAYOR'S REPORT
a. The Unified Port District had a meeting this afternoon at which they took
action on the request of the Income Property Group {IPG) to modify their
lease to provide for severence of the tying together of the lease on the
RV Park in the Marina and also to move back the completion date for the RV
Park from November of this year to February 1983. They also want to do
away with the requirement for lO0 boat slips by November of this year and
enforce the balance of the lease which requires 200 boat slips as of
November 1983. The four members unanimously supported the request of IPG
and the support of the position that the Council took on that item on the
18th of August.
b. Target Stores, a subsidiary of Dayton-Hudson, have announced that they
will be reopening the FedMart located at 4th Ave. & "C" Street sometime in
the Spring of 1983. The operation will be similar to FedMart, minus
grocery items.
c. Mayor Cox discussed the landscaping at the "j" Street Marina.
MSUC (Cox/Scott) for quarterly reports on the maintenance contract on the
landscaping for the "J" Street Marina.
COUNCIL COMMENTS
a. Councilman Malcolm questioned when the resolution would be brought to the
Council regarding the appropriation of funds for the Open Space
Districts. City Attorney Lindberg stated it would be on September 28 when
a full Council was present because this resolution needs a 4/5ths vote.
b. Councilman Malcolm questioned when the staff would report to the Council
regarding the pending item for charging parking at Rohr Park. Director of
Parks and Recreation Pfister stated that this report will go to the Parks
and Recreation Commission this Thursday after which time it will come to
the Council. Councilman Malcolm expressed his concern of the staff's
delay on this item.
9/7/82
City Council Meeting -13- September 7, 1982
c. Legislative Report: Councilman Malcolm discussed SB999 which legalizes
fireworks and AB3011 relating to the Firefighter's Cancer Bill.
MSUC (Malcolm/Scott) to send a mailgram to the Governor tomorrow asking him to
veto these bills.
d. Councilman Scott discussed the SANDER Project and the vote that was taken
by the Council sometime ago (to go to an election if the joint powers,
City and County of San Diego and SANDER pay for it). Councilman Scott
moved the City send a letter to the proper authorities asking for a
definite method of payment for a special election and also a time certain,
no later than February. Mayor Cox asked Councilman Scott if he would agree
to split the motion. It was agreed, the motion would be split.
MSUC (Scott/McCandliss) to send a letter to the appropriate authorities asking
for a definite method of payment for this special election.
MSC(Scott/McCandliss) to send a letter to the proper authorities asking for a
time certain for the election, no later than February 1983. The motion carried
by the following vote:
AYES: Councilmembers Scott, Malcolm, McCandliss
Noes: Mayor Cox
Absent: Councilman Moore
e. Councilman Scott moved that the Council not go through the regular public
hearing process for the SANDER Project (Seconded by McCandliss).
Councilman Malcolm felt it would be more appropriate that this matter go
before the Redevelopment Agency.
Council discussion pursued regarding prel imi nary requirements of the
California Environmental Act.
MSUC (Cox/Malcolm) to continue SANDER discussion on public hearing until the
return of Councilman Moore. This item will be considered at the meeting of
September 28, 1982.
f. Councilwoman McCandliss commented on Open Space Districts. She noted the
previous problems with Homeowners Associations and questioned who would
appoint the committee within the District. City Attorney Lindberg stated
he would make this stipulation in the ordinance.
g. Councilwoman McCandliss remarked that on November 17, 1981, a motion was
made and unanimously carried to refer back to the Planning Commission for
consideration on zoning on the parcel at "J" Street where condominiums
were proposed with a recommendation to fezone it to R-1-H. Nothing has
been done on the rezoning up to this time.
9/7/82
City Council Meeting -14- September 7, 1982
MS (McCandliss/Scott) that this item be placed on the Planning Commission
agenda at the first possible date for reconsideration of the zoning. Mayor
Cox noted that it is already scheduled for the Planning Commission meeting of
October 13, 1982. Councilwoman McCandliss withdrew her motion. Councilman
Scott withdrew his second.
h. Councilman Malcolm apologized to the Council because two of the Council
Members were not informed as to his decision to change his stance on the
SANDER Project. Apologies were directed to Councilwoman McCandliss and
Councilman Scott for not discussing with them, prior to his decision, a
very major issue of the City of Chula Vista.
ADJOURNMENT AT 10:20 p.m. to the meeting scheduled for September 14, 1982 at
7:00 p.m.
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9/7/82