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HomeMy WebLinkAboutcc min 1982/02/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, February 23, 1982 Council Chamber, Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmembers Scott, Gillow, Campbell Councilmen absent: Councilwoman McCandliss Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens Mayor Cox announced that a new procedure would begin with tonight's meeting wherein the Pledge of Allegiance and silent prayer would be led by represent- atives of community Scouting groups. He then introduced Mr. Bud Gtvins, District Commissioner for Boy Scouts of America for the Chula Vista area (El Camino District), and Eagle Scout Kendall Dollard. The Pledge of Allegiance was led by Kendall Dollard, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of February 16, 1982 MSUC (Campbell/Gillow) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY -- None 3. ORAL COMMUNICATIONS -- None 4. WRITTEN COMMUNICATIONS a. Request from Chula Vista Art Guild for use of City property at corner of Fourth Avenue and "F" Street for purpose of holdirkg Art Mart and waiver of fees The Chula Vista Art Guild has requested permission to hold art sales on various dates in March, April, May, July, September, October and November 1982, from 9 a.m. to 5 p.m., and also that permit fees be waived. MSUC (Cox/Gillow) to approve subject to staff conditions. b. Request from San Diego Clean Air Coalition to endorse Vento-Lewis Clean Air Resolution The San Diego Clean Air Coalition has requested endorsement of House Resolution 252 entitled the Vento-Lewis Clean Air Resolution to help focus attention on the need for positive action to achieve a healthy environment. MSUC (Campbell/Cox) to refer to staff. RESOLUTIONS AND ORDINANCES, FIRST READING 5. RESOLUTION NO. 10779 APPROVING AN AGREEMENT WITH THE SAN DIEGO & ARIZONA EASTERN COMPANY FOR CONSTRUCTION OF AN INTERCONNECT CONDUIT UNDER THE RAILROAD TRACKS ON "E" STREET AT THE I-5 FREEWAY (CITY ENGINEER) City Engineer Lippitt's written report explained that the design of the traffic signal at "E" Street/Woodlawn Avenue includes an interconnect City Council Meeting -2- February 23, 1982 with the traffic signals at "E" Street and the I-5 Freeway and will require the installation of a 1-1/2 inch conduit under the railroad "trolley tracks" at "E" Street. Accordingly, the resolution approves an agreement with the San Diego & Arizona Eastern to allow constuction of the conduit under the tracks at "E" Street and through their right-of-way. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. RESOLUTION NO. 10780 IN SUPPORT OF PETITION FROM LOS ANGELES COUNTY SHERIFF TO THE FEDERAL COMMUNICATIONS COMMISSION (DIRECTOR OF PUBLIC SAFETY) The resolution supports a petition submitted by the Los Angeles County Sheriff to the Federal Communications Commission requesting that additional radio frequencies be assigned to public safety agencies on a nationwide basis. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. RESOLUTION NO. 10781 AMENDING CIVIL SERVICE RULE 1.04 I - VETERANS' PREFERENCE POINTS (DIRECTOR OF PERSONNEL) The resolution amends Civil Service Rule 1.04.I consistent with the unanimous recommendation of the Civil Service Commission to limit the awarding of preference points to a time period five years following discharge regardless of whether service was performed during wartime; to recognize spouses of deceased and disabled veterans, provided they remain unmarried; and to award life-time points to an individual dis- abled during military service on the basis of the percentage of disability. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION NO. 10782 SUPPORTING A CLAIM OF THE CITY OF ANAHEIM FOR STATE MANDATED COSTS ASSOCIATED WITH COST OF LIVING INCREASES FOR RETIREES' UNDER THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (CITY M~AGER) The written report of the City Manager concerned a test SB 90 claim of the City of Anaheim to the State Board of Control for reimbursement of costs resulting from the passage of AB 2674. This bill provided for a quarterly 10% cost of living increase for PERS retirees over a two-year period. Funds for the cost of living increases were taken from PERS contingency reserves without authorization by local contracting agencies. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8A. RESOLUTION NO. 10783 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, CITY OF NATIONAL CITY AND THE LOWER SWEETWATER FIRE PROTECTION DISTRICT (CITY MANAGER) The resolution approves an agreement to provide fire protection and emergency medical service to the Lower Sweetwater Fire Protection District area pending final resolution of the dissolution question and possible annexation of that area to Chula Vista and National City. Council comment and discussion concerned steps to be taken to resolve problems with retirement and other benefits for the three affected City Council Meeting -3- February 23, 1982 employees of the District and what the City's position would be on another agreement in 1984. RESOLUTION OFFERED BY COUNCILMAN CAMPBELL, the reading of the text was waived by unanimous consent, passed and approved unanimously 9. ORDINANCE NO. 1974 ESTABLISHING SPEED LIMITS ON BONITA ROAD BETWEEN ALLEN SCHOOL ROAD AND 900 FEET EAST OF OTAY LAKES ROAD (CITY ENGINEER) The ordinance permanently establishes a 35 mph speed limit on Bonita Road between Allen School Road and 900 feet east of Otay Lakes Road in order to provide a uniform speed limit along the entire section of Bonita Road within the City of Chula Vista. MSUC (Gillow/Cox) to place the ordinance on first reading; the reading of the text was waived by unanimous consent, passed and aproved unanimously. 9A. ORDINANCE NO. 1975 AMENDING ORDINANCE 1972 DECLARING A MORATORIUM ON RENTAL INCREASES ON MOBILE HOME SPACES WITHIN THE CITY OF CHULA VISTA FROM FEBRUARY 16, 1982 TO AND UNTIL MAY 11, 1982 - FIRST READING AND ADOPTION (CITY ATTORNEY) The measure amends urgency Ordinance No. 1972 adopted at the meeting of February 16 declaring a temporary moratorium on mobile home space rent until May 11, 1982. The amendments provide exceptions in cases where a majority of renters approves a proposed increase; where notice of a proposed increase has been issued prior to the effective date of February 16; and respectively substitutes "mobile home owners" and "mobile home space" in place of "tenant" and "rental unit". The following individuals addressed Council for the reasons stated: Cliff Roland, 1100 Industrial Boulevard, commented on the exception in Section 3a which would permit rental increases when a space is vacated; Betty Beck, representing Cabrillo Mobile Lodge at 731 "G" Street, questioned whether notice of an annual rent increase which was forward- ed on February 2 to their billing service to be mailed with tenants' March 1st billing would be valid under the effective dates of the moratorium; Roy Muroaka, 1478 First Avenue, Chula Vista, owner and manager of Palace Garden Mobile Home Park, objected to late receipt of the notice and asked that future notices be sent to all parks located in outlying areas (i.e. Castle Park); George Hilger, 1100 Industrial Boulevard, objected to the exception granted in Section 3a of the amending ordinance and requested that a definite, weekly schedule of meetings be arranged with the ad hoc committee on mobile home issues. City Attorney Lindberg specifically explained that the exception in Section 3a of the amendment to Ordinance 1972 relates to the situation where space is voluntarily vacated and the mobile home is literally removed from the space, and not where there is a transfer of ownership of the unit. Regarding the validity of the March 1 rent increase at Cabrillo Mobile Park, he noted that the February 2 notice predates the effective period of the moratorium and would be a legal increase. Responding to Mayor Cox's query, Housing Coordinator Gustafson stated that he has not scheduled any meetings with the ad hoc committee; he intends to pursue Council direction to conduct a study and make an interim report to the Council at the 45 day period; and will schedule a meeting with the ad hoc committee prior to coming back with the interim report. City Council Meeting -4- February 23, 1982 MSUC (Cox/Campbell) to place the ordinance on first reading and adept- ion; the reading of the text was waived by unanimous consent, passed and aproved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 10. RESOLUTION NO. 10784 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 80-29, VISTA KNOLLS CONDOMINIUMS WITH AMENDMENT TO CONDITION 4 OF RESOLUTION 10337 AND APPROVING DECLARATION OF RESTRICTIONS (CITY ENGINEER) The resolution approves the Final Map for Vista Knolls Condominiums (CVT 80-29) and amends Condition 4 of Resolution No. 10337 to require recordation of a Declaration of Restrictions to ensure completion of certain improvements required by the Design Review Committee prior to sale of any units. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 11. ORDINANCE NO. 1973 ADDING A NEW TITLE 20 TO THE CHULA VISTA MUNICIPAL CODE ENTITLED "ENERGY CONSERVATION REGULATIONS~ - SECOND READING AND ADOPTION (DIRECTOR OF BUILDING AND HOUSING) The ordinance specifically requires that all new residential units built within the City of Chula Vista be designed to allow the future installation of a solar system as the primary means of heating domestic potable water. Tom Davis, 1657 Gotham Street, opposed the ordinance stating that installation of the piping would prevent future innovations from being implemented. City Manager Cole noted that the ordinance reflects the state of the art and would be revised to adapt to changes in technology. MSUC (Gillow/Cox) to place the ordinance on second reading and adoption; the reading of the text was waived by unanimous consent, passed and aproved unanimously. 12. REPORT OF THE CITY MANAGER MSUC (Cox/Scott) for a Closed Session for negotiations and possible litigation. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 13. Report on proposed revisions to Chapter 9.12 of the Municipal Code - Re~ulations Governing Bingo Games (Director of Public Safety) Director Winters, in his report to Council, noted the increase in the number of non-profit organizations conducting Bingo games in the City and the growth in annual gross income from $51,153 in 1977 to over $1~5 million last year. Accordingly, recognizing that potential problems could result from the increased activity, he recommended that Chapter 9.12 ~f ~he Code be amended to fac%litate better review and control of Bingo operations and to provide more specific standards to involved organizations. The following individuals addressed Council concerning the proposed amendments to the ordinance: Bruce Hill, 557 Rivera Street, Chairman of St. Rose of Lima Bingo; Ginger Heinz, 675 Guava, representing Girls/Boys Club of Chula Vista; Donald First, 646 Mariposa Circle, on behalf of Temple Beth Sholom Bingo; and Don Ramos, 688 Roosevelt Street, who suggested that Council set up a gaming commission. Those City Council Meeting -5- February 23, 1982 individuals represesenting organizations specifically questioned whether alternates would be allowed under Section 9.12.150, new sub- section D; how much the fee would be for each change in chairperson under Section 9.12.160, new subsection C; how long must records be retained under Section 9.12.190, new subsection P; how subsection M would be enforced to require patrons winning $100 in a single game to submit their legal names to the volunteers; and questioned the legal status of "pull tabs". MSUC (Cox/Scott) to direct the City Attorney to prepare necessary amendments to Chapter 9.12 of the Municipal Code as set forth in Exhibit 1 to enable better review, control and enforcement relative to the operation of Bingo games within the City and to provide more specific guidance to affected organizations. 14. Report on Local Option Gas Tax Provisions of Senate Bill 215 (City Engineer) Summarizing his written report, City Engineer Lippitt noted the effect of the passage of Senate Bill 215 raising certain motor vehicle owner fees and increasing the gasoline tax by 2 cents beginning in 1983. The bill also authorizes any county to impose a local option fuel tax upon approval of the County Board of Supervisors and specified City Councils and a public vote on a local option fuel tax proposition. In addition, recognizing that there would be a greater need for gas tax revenue than 2 cents initially provided for in SB215, the legislature permitted the counties to increase their tax in one cent increments contingent upon: (1) approval by the Board of Supervisors and the City Councils of both 50% of the cities and 50% of the total population of the cities; (2) an agreement between the cities and the county on the method of distrib- ution of funds; and (3) a successful ballot issue granting the author- ity to the Board of Supervisors and stating the maximum amount of the tax and length of time. Council questioned the intent of the staff recommendation concerning election dates; City Engineer Lippitt clarified that the recommendation was for a ballot proposition either in the November 1982 or June 1983 election, whichever comes sooner. MSUC (Scott/Gillow) to accept the report. 15. Report on new Golf Course Greens Fees (Director of Parks and Recreation) The report of the Director of Parks and Recreation noted that Council established new greens fees for the Municipal Golf Course on May 18, 1981 by Resolution No. 10548 and directed staff to make a mid-year report on the results of the new fees. Director Pfister commented that the new fee schedule was set in order to produce sufficient revenue to fund operating and bond payment expenses and to maintain a competitive fee structure with other County courses. Based upon the initial esti- mate of 80,000 rounds played per year (1981/82), the report noted a preliminary assessment for FY 1982/83 that operating and bond payment expenses will meet revenue during that period; current golf activity indicates that the goal of 80,000 players should be reached; and that the greens fees appear to be meeting the objectives for which they were established. Mayor Cox noted his concern that since the increase in greens fee members of the high school golf teams must pay $25 per student per month for the three month high school golf season, and asked if the high school district has been contacted. Director Pfister responded that he has been in contact with a Dr. Lopez who expressed concern in relation to use of the joint City-School facilities; with respect to the fees, their concern was not over the amount of the fee, but whether the School District should pay rather than the students. City Council Meeting -6- February 23, 1982 MSUC (Cox/Scott) to accept the report. MSUC (Cox/Scott) to ask staff to come back to the Council with a revision to the golf course greens fee schedule which would allow up to ten members of the high school golf team to utilize the facilities of the golf course for a monthly pass rate of $15 per month per student during the team season. MSUC (Scott/Cox) that an informal study be made at budget time of what other golf courses are doing concerning school teams and to see if $15 is too low. 16. MAYOR'S REPORT a. Mayor Cox requested ratification of the appointment of Russel Lobel to the Board of Ethics. MSUC (Cox/Scott) to ratify the appointment. b. Mayor Cox reported that the SANDER Board of Directors has adopted a resolution to set up a tour of the UOP facility in Chicago, and another site under construction in I~m~ for three members of the Council on May 13, 14 and .15. The proposed itinerary would be San Diego - Chicago on May 13; Chicago ~a~ on May 14; ' ~ . all ~.~ - San Diego on May 15. c. Mayor Cox reported that the annual SANDAG forum has been scheduled for Friday, March 19. 17. COUNCIL COMMENTS Councilman Scott discussed the letter received from the Chula Vista School Ditrict regarding $54,000 value of the right-of-way through their "H" Street site. CLOSED DOOR SESSION Council adjourned to Closed Session at 8:20 P.M. The City Clerk was excused and the Deputy City Manager reported that the session ended at 9:30 P.M. ADJOURNMENT at 9:30 P.M. to the Joint Meeting with the School Districts Wednesday, February 24 at 4 P.M. at Southwestern College; to the Council Conference on Thursday, February 25 at 4 P.M.; and to the regular scheduled meeting of March 9, 1982 at 7 P.M. STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF S~ DIEGO ) ss OF ADJOURN~.~NT OF ~ETI~G CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and. say : That I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the re9u]ar meeting of the Council of the City of Chula Vista was held February 23, ]982 and said meeting was adjourned to the time and place specified in _~_ the order of adjournment ATTACHED HERETO: That on February 24, 1982 at the hour of 9:20 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said me'ting of February 23, ]982 was held. Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held February 23, 1982 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00p.m. with the following Councilmen present: Mayor Cox, Councilmen Scott, Gillow, Campbell, McCand]iss Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at 9:30 p.m. until February 25, ]982 at 4:00 .p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of February 23, ]982