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HomeMy WebLinkAboutcc min 1981/07/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCI£ OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - July 14, 1981 Council Chambers~ Public Services Buildin~ ROLL CALL Councilmen present: Mayor Hyde; Councilmembers McCandliss, Gillow, Cox Councilmen absent: Councilman Scott Staff present: City Manager Cole, City Attorney Lindberg, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Hyde, followed by a moment of silent prayer. Council recessed at 7:03 p.m. to conduct a meeting of the Redevelopment Agency· The Agency meeting adjourned and Council reconvened at 7:15 p.m. 1. APPROVAL OF MINUTES of the meeting of July 7, 1981 MSUC (Cox/Gillow) to approve the minutes as mailed, noting that City Manager Cole was not present at that meeting, as noted. 2. SPECIAL ORDERS OF THE DAY (None) 3. ORAL COMMUNICATIONS a. Craig Beam, attorney representing Cadillac-Fairview, addressed Council concerning an'inquiry from Stanford Research Institute (SRI) to conduct a federally funded energy conservation study of the proposed EastLake development. Mr. Beam ex- plained that SRI requested a letter of interest from the Council indicating potential approval of the development and/or endorsement of the study in order to confirm sufficient interest in the subject matter to warrant application by SRI for the federal grant. In response to specific Council questioning, Mr. Beam stated that he is advised that SRI would most likely proceed with grant application without the requested statement and that his client has not given any indication or any assurance of Council approval or endorsement of the proposed development. The focus of the request is for a statement indicating that the City would be interested in the subject matter as it relates to the development. Respondin§ to Council query, Development Services Administrator Robens commented that Mr. Grady has had contact with Cadillac-Fairview, and supports the concept. Council discussed the importance of avoiding issuing statements which may imply tentative approval of the development. Mayor Hyde expressed his opposition noting that an endorsement could be misunder- stood as a tacit approval or acceptance of EastLake and that the objective of SRI would be better served by dealing with other projects that are closer to fruition. MS (Cox/Gillow) that staff prepare a letter that would indicate that the City or Planning Commission has not taken any action on the EastLake proposal, but ex- pressing interest in pursuing the research grant that SRI is proposing for East- Lake. The motion failed by the following vote: Ayes: Councilmen Cox, Gillow NOES: Mayor Hyde, Councilwoman McCandliss Absent: Councilman Scott b. Cliff Roland, 1100 Industrial Boulevard, requested that the Director of Parks and Recreation advise the source of his information regarding the 75 grandfathered tickets reported to be issued for monthly non-resi'dent golf tickets. Staff ad- vised that the Golf Pro provided the information. Mr. Roland declared that the number of tickets issued under the grandfather clause is actually 17. c. Niek Slijk, representing the Chula Vista Chamber of Commerce, distributed copies of the "Chula Vista lOth Annual Civic InformatiOn and Consumer's Guide" and gave recognition to the City's contribution of four pages related to crime prevention. City Council Meeting -2- July 14, 1981 4. WRITTEN COMMUNICATIONS a. Request for statement of support for civic auditorium - Sweetwater Union High School At the meeting of July 7, Council raised questions pertaining to the proposed civic auditorium and continued further consideration so that Mr. Cusack, Project Director, could be present to provide the requested information. Mr. Cusack, representing the School for the Creative and Performing Arts of the Sweetwater Union High School District, responded to Council's questions concerning documented need for a civic center; the types of groups that would be performing; the 800-seat capacity of the proposed center; various funding sources investigated; and indications of support for a civic auditorium received from several of the groups solicited. MSUC (Hyde/Gillow) to approve the request for a letter indicating the accord of the City of Chula Vista toward the objectives that are expressed in the hope that it will be possible to build a Civic Auditorium serving the needs of this area. b. Claim against the City ~ Agustin Jacinto~ 4094 Kimsue Way, San Diego The claim alleged, i false arrest by a Chula Vista Peace Officer on March 1, 1981, for public drunkenness. Staff recommended that the claim be denied due to the remote liability on the part of the City. MSUC (Cox/Gillow) to deny the claim, c. Letter of resignation - Lee Solomon (Safety Commission) Mr. Solomon has submitted his letter of resignation, effective immediately, since his new residence is not within the City limits. MSUC (Hyde/McCandliss) to accept the resignation with great regret and to direct staff to forward a letter of appreciation for his service on the Safety Commission. CONSENT CALENDAR MSUC (Cox/Hyde) to pull items 5 and 10 from the Consent Calendar. MSUC (McCandliss/Cox) to approve and adopt Items 6 through 9 of the Consent Calendar, as presented. 6. RESOLUTION NO~ 10544 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONSOLIDATE THE MAYOR'S ELECTION WITH THE CONSOLIDATED GENEP, AL ELECTION TO BE HELD ON NOVEMBER 3, 1981 AND RUNOFF ELECTION IF NEEDED (CITY CLERK) The resolution approves formal request to the County Board of Supervisors to con- solidate the Mayor's election with the Consolidated General Election on November 3, 1981. 7. RESOLUTION NO. 10545 APPOINTING THE REGISTRAR OF VOTERS OF SAN DIEGO COUNTY DEPUTY CITY CLERK OF THE CITY OF CHULA VISTA TO FACILITATE THE EXECUTION OF DOCUMENTS PERTAINING TO THE MAYORAL ELECTION ON NOVEMBER 3~ 1981 (CITY CLERK) The resolution facilitates and expedites the process of printing and distribution of the election data. 8. RESOLUTION NO. 10546 ADOPTING REGULATIONS FOR CANDIDATES FOR THE MAYOR'S OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND COSTS THEREOF FOR THE NOVEMBER 3~ 1981 CONSOLIDATED GENERAL ELECTION (CITY CLERK) In accordance with the Federal Voting Rights Act of 1965 (amended 1975), the City Clerk is charged with providing a Spanish translation of the Candidate's Statement to those candidates who wish to have one; this charge is borne by the City and not by the candidate. The resolution further defines the cost of the Candidates' State- ments and does not permit candidates the option of sending out campaign materials with the sample ballots. City Council Meeting -3- July 14, 1981 CONSENT CALENDAR -- continued 9. RESOLUTION NO. 10547 SETTING PUBLIC HEARING FOR CONSIDERATION OF RATE INCREASES FOR TRASH SERVICEs CHULA VISTA SANITARY SERVICE, INC. (DIRECTOR OF FINANCE) On June 17, 1981, Chula Vista Sanitary Service, Inc., filed with the City Manager a letter of request to increase certain service rates. The date of July 28, 1981 is set for the public hearing. RESOLUTIONS OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the texts was waived by unanimous consent, passed and approved unanimously. 5. RESOLUTION NO. CALLING AND GIVING NOTICE OF A MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3~ 1981 IN CONJUNCTION WITH THE CONSOLIDATED GENERAL ELECTION FOR THE PURPOSE OF ELECTING A MAYOR AND SUBMITTAL OF ONE MEASURE (CITY CLERK) The resolution is required pursuant to Sections 22830 and 22831 of the State Elections Code, giving notice of an election not earlier than the 89th nor later than the 68th day before the election. On the advice of the City Attorney, it was recommended that Council give special attention to the language in the ballot in the event Council wished to restrict discretionary use of an all-mail election only for ballot measures and not in any case for election of a candidate for office. MSUC (Cox/Gillow) to refer this item back to staff for amendment of the ballot language to specifically preclude any mail-ballot operation when candidates are listed on the ballot and to return the Proposition for Council action next week. 10. RESOLUTION NO. 10548 AMENDING RESOLUTION NO. 10456 ESTABLISHING GREENS FEES FOR THE CHULA VISTA MUNICIPAL GOLF COURSE (DIRECTOR OF PARKS AND RECREATION) At the July 7, 1981 meeting, Council approved certain changes to golf course greens fees established by Resolution No. 10456. The amended resolution reflects those changes° Councilman Cox raised a question, concerning an individual who lives outside of the City limits, but who inadvertently received a resident monthly ticket on the basis of having a Chula Vista mailing address. When the new rate increase went into effect in June, he was permitted to purchase a non-resident monthly ticket and was subsequently advised that when that ticket expired, he would no longer be permitted to buy a non-resident monthly ticket. Discussion followed concerning interpretation of the resident versus non-resident classifications and the fact that the individual should be permitted] to purchase a non-resident ticket until there has been a documented lapse of use which would operate to rescind the privilege° MSUC (Gillow/Cox) to amend page 2 of the resolution to reflect the following language in the paragraph entitled "Non-Resident Holding a Current Monthly Ticket": "Any non-resident holding a current monthly resident or non-resident ticket during the period of April 3 .... " RESOLUTION, AS AMENDED, OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. RESOLUTIONS AND ORDINANCES, FIRST READING 11. RESOLUTION NO. 10549 GRANTING COUNTY OF SAN DIEGO AN ENTRY PERMIT TO THE MUNICIPAL GOLF COURSE (DIRECTOR OF PARKS & RECREATION The County Director of Public Works has requested a temporary entry permit to allow County work forces to enter the Municipal Golf Course for the purpose of making improvements to Central Avenue which will also be beneficial to the golf course drainage system. Staff commented that the construction requires limited access to a portion of the golf course property and disruption to golfers will be minimal since a pathway will be provided. RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -4- July 14, 1981 RESOLUTIONS AND ORDINANCES, FIRST READING -- continued 12. RESOLUTION NO. 10550 APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MONTGOMERY FIRE DISTRICT FOR FIRE DISPATCHING SERVICES MODIFYING RESOLUTION NO. 10354 (DIRECTOR OF PUBLIC SAFETY) At the meeting of December 16, 1980, Council passed Resolution No. 10354 amending the original dispatching agreement with the Montgomery Fire District by establish- ing a new annual charge, with the provision that this payment would be reviewed at the end of the 1980/81 fiscal year. Director of Public Safety Winters recommended that the Montgomery fees be increased by 10% for the 1981/82 fiscal year based upon the salary and benefit increase received by the Communications Operators. This in- crease would raise the annual fee from $12~500 to $13,750. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. RESOLUTION NO. 10551 APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES (DIRECTOR OF PUBLIC SAFETY) The provisions of Resolution No. 10229 required National City to pay the City of Chula Vista $1,641.00 per month for the provision of fire dispatching service. Director of Public Safety Winters recommended that the National City Fire dis- patching fees be increased by 10% for the 1981/82 fiscal year based on the salary and fringe benefit increase received by the Communications Operators which would increase the monthly fee to $1,805.00. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. 14. RESOLUTION NO. 10552 ACCEPTING PUBLIC IMPROVEMENTS, APPROVING EXTENSION OF TIME AND AUTHORIZING SPECIAL PAYMENT~ VISTA SQUARE PARK (CITY ENGINEER) City Engineer Lippitt summarized his staff report explaining that Hacienda Land- scape Company has essentially completed the improvements in Vista Square Park. The contract, dated January 21, 1981, expired on June 5. Due to conflicting wording in the contract documents in relation to "end of improvement contract" and "end of maintenance period", the City Engineer requested that Council adopt the resolution accepting the public improvements, and authorizing full payment for the work performed to date with the retention of $10,280 for lawn maintenance and extending the contract time to September 28, 1981 with no penalty to the contractor. RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by unaimous consent, passed and approved unanimously. 15. RESOLUTION NO. 10553 ADOPTING BONUS INCENTIVE PROGRAM (BIP) AND APPROPRIATING FUNDS THEREFOR (DIRECTOR OF PERSONNEL) In the MOU between the City and the Chula Vista Employees Association for 1980/81, it was agreed that an attempt would be made to develop and implement a Bonus Incentive Plan (BIP) to recognize employees offering exceptional service to the City. The Committee completed their recommendations on a BIP discussed during meet-and-confer sessions for 1981/82. Director of Personnel Thorsen noted that funding necessary to present the maximum number of awards (15) during the year to individuals who have been selected will be $3,750. A maximum of eight awards will be presented on May 31, 1982, and seven will be presented on November 30, 1982. The program will be evaluated to determine if its goals are being met and if the program should be continued in fiscal year 1982/83. RESOLUTION OFFERED BY MAYOR HY~E; the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -5- July 14, 1981 CONTINUED'MATTERS AND SECOND READINGOF ORDINANCES 16. RESOLUTION NO. 10554 AUTHORIZING RETROACTIVE PAYMENT FOR PEACE OFFICERS REPRESENTED BY THE POLICE OFFICERS ASSOCIATION (ASSISTANT CITY MANAGER) The Police Officers Association and the City have not come to an agreement on a 1981/82 contract. Constitutional prohibitions require that before public employees may receive increased compensation or benefits retroactively, the legislative body must declare that intent, The resolution provides that if the City Council takes unilateral action at some point to grant salary and benefit increases, those increases may be made retroactive to the first pay period of July (7/10/81). The resolution further provides that in the event an agreement can be reached with the Association on or before July 31, 1981, those agreed upon increases would also be effective the first pay period in July. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unaimous consent, passed and approved unanimously. 17. ORDINANCE NO. AMENDING SECTION 5.20.110 OF THE MUNICIPAL CODE REGULATING GAMES PERMITTED IN CARD ROOMS (CITY ATTORNEY) FIRST READING The Municipal Court has recommended that the City Code clarify the definitions of the games which will be allowed in card rooms so that there is no confusion on the part of card room operators who may be charged with violations of the City Code. The City Attorney has drafted the ordinance adopting the definitions used by Hoyle, which is a standard for all card games. In addition, the amendment states that no variations are allowed from the gamas as defined by Hoyle. Harriet Meyers, 312 Broadway, opposed the use of Hoyle definitions pointing out the discrepancies between Hoyle's treatment of aces and low-ball poker and local card room rules. She requested that the ordinance be continued for a sixty-day period. Responding to Council query, City Attorney Lindberg expressed his concern in using Hoyle as the standard and advised that a one week continuance would be sufficient time to redraft the ordinance. MSUC (Hyde/Gillow) to continue the ordinance for one week for an opportunity for Mrs. Meyers to meet with the City Attorney, if necessary. 18. REPORT OF THE CITY MANAGER a. City Manager Cole reported positive experience with the Work-Fare program comment- ing that employees from the program have been assigned to Building and Housing, Personnel, Animal Shelter and Custodial. b. Mr. Cole advised that as a result of an informal relationship between the City's Computer Center and Intercontinental Computer Corporation (ICC), a request has been made for use of the City's computer during down-time in order for ICC to meet its peak demand for quarterly financial statements. Director of PAP6 Thomson provided additional information in support of ICC's need for additional computer time, commenting that permission to use the computer would represent a departure from the Council's policy of providing back-up to only public or quasi-public agencies; however, the benefits to the City would include increased revenue Of $1,500.to~$10,000 annually depending on the type of work, if the relationship were formalized on an ongoing basis and would include assurance of back-up support by ICC, if the City's computer was out of service. MSUC (Hyde/McCandliss) to approve on a one-time basis the request for use of the City's computer center by Intercontinental Computer Corporation beginning this evening for the next two to three days; to direct staff to bring the topic back to the full Council for consideration on a policy basis; and to authorize staff to negotiate a tentative agreement on the assumption that in no way would Council prejudge that. City Council Meeting -6- July 14, 1981 18. REPORT OF THE CITY MANAGER -- continued c. Responding to Mayor Hyde, Mr. Cole advised Council of the status of the Librarian position. He commented that a decision would be made as soon as possible upon Mr. Asmus' return from vacation. Mayor Hyde expressed hope that the decision would move along at best deliberate speed. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 19. Report on Third Avenue Street Tree replacement program (Director of Planning) The City Council, on May 12, 1981, expressed concern over the replacement of the Pittosporum undulatum (Victorian Box) trees within the planters on Third Avenue by the Agonis flexuosa (Australian Willow or Peppermint) trees, and expressed the view that such replacement could substantively change the landscape character of the Town Centre Project Area. Landscape Architect Sennett commented that the Peppermint Trees were selected to rectify the situation of dead and dying trees as ecohomically as possible with a species whose growth and other performance characteristics would be consonant with the landscape goals and guidelines of the Town Centre Design Manual which calls for balanced use of deciduous and evergreen trees. Mayor Hyde expressed his displeasure with use of the Peppermint trees and in the procedures and criteria used in selecting the trees. MS (Hyde/Gillow) to not approve the planting scheme that has been initiated to replace the pittosporum undulatum and direct staff to continue their efforts to find a more suitable tree for the Third Avenue, "E" to "F" planting program. Mr. Sennett advised that because of the soil conditions, a willow-type tree (e.g. Peppermint) would be easier to maintain to the scale and confines of the area. After further comment, the motion was amended with the consent of the second to include consideration of the Peppermint tree in a fair analysis with other opportunities that may be available. The motion was carried unanimously. By general consent, Council directed staff to come back with a report within thirty dayso 20. Report - Analysis of San Diego Police Vehicular Accident Study (Director of Public Safety~ Director of Public Safety Winters summarized his report, indicating that at the April 12, 1981 meeting, Council directed staff to obtain and analyze a copy of the San Diego Police Department report entitled "Police Equipment Accidents" in order to discover any information that would as~i§t Chula Vista in decreasing police vehicle accidents. Director of Public Safety Winters noted the relevant statistics, commenting that 60% of a total of 319 San Diego accidents were deemed preventable while 50% of ~to~al~of 20 acc~de~s¥in~h~a~V~ai~ere~ ~o~der~pre~en~},e~.~He~¢ommented that new Chula Vista Peace Officers are required to attend a 3-day defensive driving school, which coupled with objective analysis of each accident causation and fair and progressive discipline, results in a very low accident frequency, as reflected. MSUC (McCandliss/Gillow) to accept the report. REPORTS, REQUESTS OF BOARDS AND COMMISSIONS 21. Requests for reappointment to various Boards and Commissions: Mayor Hyde submitted for reappointment the following Commissioners: NAME COMMISSION/BOARD Joseph Odenthal Civil Service Commission Rudy Ledesma Civil Service Commission Joseph Dordahl Board of Ethics Dan Brennan Human Relations Commission Caroline McVey Library Board of Trustees Raymond Yoder Parking Place Commission City Council Meeting -7- July 14, 1981 REPORTS~ REQUESTS OF BOARDS AND COMMISSIONS -- continued 21. NAME BOARD/COMMISSION Roy Johnson Planning Commission John O'Neill Planning Commission Sherman Goodrich Resource Conservation Commission Oscar Vogel Safety Commission MSUC (Hyde/Cox) to ratify reappointment of those members, as requested. Mayor Hyde noted that John Macevicz and Stephen Morrison submitted letters of resignation from the Resource Conservation Commission and Safety Commission, respectively. MSUC (Hyde/Cox) to accept the resignations with regret and to forward letters of appreciation for their volunteer service to the City. 22. MAYOR'S REPORT a. Mayor Hyde reported that he will be meeting July 31st at 7:30 a.m. with John Schmidt, President of Santa Fe Industries, and Larry Sena, President of Atchison, Topeka and Santa Fe Railroad to discuss matters of common interest with regard to the Bayfront. b. Mayor Hyde reported that three applicants are to be interviewed for a vacancy on the Parks and Recreation Commission, MSUC (Cox/Hyde) to conduct interviews of the three candidates on July 23, 1981, commencing at 5:15 p.m., following the Redevelopment Agency meeting. MSUC (Hyde/Gillow) to delay the regular Council Conference scheduled for July 23 to July 30, 1981 and schedule the Growth Management Report at that time. c. Mayor Hyde reported on demolition of older buildings on Third Avenue, including dismantling of the old Peters Nursery. d. MSUC (Hyde/Cox) to docket consideration of the unnamed road east of Vista Drive for the next regular Council meeting. 23. COUNCIL COMMENTS a. Councilwoman McCandliss commented on AB952 (Deddeh) regarding environmental quality and the impact of the bill on the City. MSUC (McCandliss/Gillow) to refer AB952 (Deddeh) to the Legislative Committee for comment. b. Councilwoman McCandliss requested reconsideration of the letter requested by Mr. Beam (see Item 3a) for Stanford Research Institute study of EastLake, commenting that the research findings would be of benefit to the City. MSUC (McCandliss/Cox) to reconsider Item 3a. Following discussion, Council commented that SRI may not realize how insecure EastLake proposal is and that a letter could be drafted in such a way to make that point clear. MSUC (McCandliss/Cox) to rescind previous action in order to consider another action. MSC (Cox/Gillow) to direct staff to prepare a letter to indicate that while the City Council and the Planning Commission have not fully considered the Cadillac-Fairview EastLake plan, that the City is interested in the research proposal that SRI is considering dealing with the subject of energy conserva- tion. Mayor Hyde voted "no"~ City Council Meeting -8- July 14, 1981 23. COUNCIL COMMENTS -- continued c. Councilman Gillow reported on a recent discussion with the Director of Personnel on the concept of "quality circles" which is being introduced in the United States wherein employees as a group have a voice in lower levels of management. MSUC (Gillow/Hyde) to ask staff to make a recommendation on whether or not a detailed study on the "quality circles concept" should be initiated. d. Councilman Cox commented on the recommendations made for shrubbing the walking- jogging-equestrian trail around the 16th, 17th and 18th holes of the golf course, and advised that Bob Thompson, President of the Chula Vista Men's Golf Association, indicated willingness of the Association to provide money or shrubs to begin the shrubbing. MSUC (Cox/Hyde) to direct staff to give an oral report on the status of the recommendations that the JEG Committee came up with specifically with regard to the shrubbery screening along the 16th, 17th and 18th holes of the §91f course. Mayor Hyde referred to previous Council action directing staff to comment on the advisability of conducting a Broadway redevelopment study, but neglected to give a date for action. MSUC (Hyde/Gillow) to direct staff to bring that report back to Council on or about September 15. Council a~'ourned at 9:10 p.m. in order to reconvene the Redevelopment Agency. Council adjourned at 9:12 p.m. to the regular meeting scheduled for Tuesday, July 21, 1981 at 7:00 p.m. and to the adjourned regular meeting scheduled for Thursday, July 23, 1981 at 5:15 p.m.