HomeMy WebLinkAboutcc min 1989/02/14The City Council and the Redevelopmerit Agency met jointly at 6:00
p.m. to discuss a Report from the City Council Legislative
Subcommittee Regarding Recommendations for a Legislative Lobbyist.
At 6:30 p.m., City Council met in Closed Session at 6:30 p.m. to
discuss Potential Litigation, Chula Vista v. Merziotis, and
Bayscene Mobilehome Park.
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, February 14, 1989 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox, Councilmembers McCandliss, Nader,
Malcolm and Moore
ABSENT: None
ALSO PRESENT: Assistant City Manager Asmus, Deputy City
~anager Morris, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MS (McCandliss/Moore) to approve the Minutes for the Regular
Meeting of February 7, 1989.
Councilman Malcolm, who was absent from the Meeting of February 7,
questioned item 13 regarding the Olympic Training Site.
Councilmembers explained a commitment was made to allow staff
extra time to expedite the project and, with the recognition of
the goals set down in the General Plan that would allow for
unusual design consideration, if something is presented for
eligibility, consideration would be given.
VOTE ON THE MOTION
Motion passed. (Mayor Cox and Councilman Malcolm both abstained
because of their absence from the Meeting.)
2. SPECIAL ORDERS OF THE DAY None.
MINUTES 2 - February 14, 1989
CONSENT CALENDAR (Items 3a 17)
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR ASSISTANCE AND INPUT REGARDING FEDERAL
LEGISLATION PROPOSED FOR THE FINANCIAL NEEDS OF CERTAIN
HOSPITALS IN SAN DIEGO COUNTY Congressman Jim Bates, 430
Davidson, Ste. A, Chula Vista 92010
Council directed staff to await specific legislation dealing with
the matter before any formal position of the City is taken.
b. REGARDING LYNNWOOD SOUTH MOBILE ESTATES PROPOSED
MODIFICATION TO AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 9.60.030 RELATING TO "EXEMPTION" SECTION OF
CHAPTER 9.60 RELATING TO SALE OF MOBILEHOME PARKS - Attorney
Thomas M. Gieser, Swanson & Dowdall, P.O. Box 15713, Santa
Ana, CA 92705-0713
Council directed the City Attorney to bring back to Council an
amendment to Chapter 9.60, Section 9.60.030 which would exempt
from the ordinance the type of "sale" or "change of ownership"
contemplated by Triple B Mobile Park Limited.
c. REQUEST TO OPPOSE STUDY TO PUT INTERNATIONAL AIRPORT AT CA~P
PENDLETON - Mayor Gloria McClellan, City of Vista, P.O. Box
1988, Vista 92083
Council directed staff to acknowledge the letter from Mayor
McClellan of Vista and to advise her that the City of Chula Vista
prefers to await further study before taking a position one way or
another on the Camp Pendleton proposed legislation.
d. REQUEST FOR SUPPORT OF AB 8 (MANDATORY MOTORCYCLE HELMET
BILL) Assemblyman Richard E. Floyd, P,O. Box 9428-49,
Sacramento 94249-0001
Council referred this letter to the Legislative Committee for
review and recommendation back to City Council.
e. RESIGNATION FROM COMMISSION ON AGING Gregory Hitchcock,
5203 Matisse, Bonita 92002
Council accepted Commission Hitchcock's resignation with regret;
the City Clerk was directed to notice the vacancy as required.
4. RESOLUTION 13960 PROVIDING FOR THE SPECIAL APPROPRIATION OF
FUNDS TO PAY THE BALANCE OF THE NOVEMBER
8, 1988 ELECTION COSTS (Continued from
meeting of February 7, 1989) (City Clerk)
MINUTES - 3 February 14, 1989
The final invoice for the Consolidated General Election has been
received from the Registrar of Voters. There is now an additional
charge of $5,337 to be paid. Council authorized appropriation of
$5,000 from the Unappropriated General Fund Reserve to Account
100-0710-5202 (Elections - Other Special Services).
5. RESOLUTION 13961 ADOPTING THE EASTLAKE MAINTENANCE DISTRICT
NO. 1 BUDGET FOR THE REMAINDER OF FY
1988-89 (Continued from meeting of
February 7, 1989) (Director of Public
Works/Director of Parks & Recreation)
On July 26, 1988, Council conducted a public hearing to consider
the assessments for EastLake Maintenance District 1. Staff was
directed to bring back a resolution adopting a maintenance budget
for FY 88-89 that would coincide with the turnover of this area by
the developer in January 1989. There is no impact on the City's
funds, as district assessments cover all administrative and
maintenance cost.
6a. RESOLUTION 13962 APPROVING A FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND GEORGE T. SIMPSON FOR PROJECT
MANAGEMENT SERVICES FOR THE PREPARATION OF
THE EAST CHULA VISTA DEVELOPMENT IMPACT
FEE FINANCING PLAN AND APPROPRIATING FUNDS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Continued from meeting of
February 7, 1989) (Director of Public
Works)
b. RESOLUTION 13963 APPROVING A FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND WILLDAN ASSOCIATES FOR PROJECT
MANAGEMENT SERVICES FOR THE PREPARATION OF
THE EAST CHULA VISTA DEVELOPMENT IMPACT
FEE FINANCING PLAN AND APPROPRIATING FUNDS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On January 13, 1987, Council approved agreements with George T.
Simpson and Willdan Associates providing for the preparation of
the East Chula Vista Development Impact Fee Financing Plan. The
amended agreements adjust and finalize the Financing Plan
according to the proposed changes as described in Scope of
Services, Section 1 of both agreements. The consultant contracts
provide for a total payment of $20,000. Funds are available from
the Development Impact Fees. The final Development Impact Fees
will be adjusted to include all consultant time.
MINUTES 4 February 14, 1989
7a. RESOLUTION 13964 APPROVING THE FINAL MAP OF CHULA VISTA
TRACT 87-11, HIDDEN MEADOWS, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREET
DEDICATED ON SAID MAP, AND ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT {Director of Public
Works)
b. RESOLUTION 13965 ACCEPTING AN IRREVOCABLE OFFER TO DEDICATE
REAL PROPERTY FOR STREET PURPOSES ALONG
THE NORTHERLY LINE OF TRANQUILO LANE AND
DEDICATING SAID PROPERTY TO PUBLIC USE AS
A PART OF HILLTOP DRIVE AND TRANQUILO LANE
c. RESOLUTION 13966 ACCEPTING GRANTS OF EASEMENTS FROM
DEMETRIO U. GUARIN AND EILEEN PED V.
GUARIN AND TABERNACLE OF CHULA VISTA FOR
DRAINAGE PURPOSES
d. RESOLUTION 13967 ORDERING THE SUM~ARY VACATION OF A PORTION
OF CERTAIN DRAINAGE EASEMENTS WITHIN THE
BOUNDARIES OF CHULA VISTA TRACT 87~11,
HIDDEN MEADOWS
On September 15, 1987, Council approved the Tentative Subdivision
Map for CVT 87-11, Hidden Meadows Subdivision. Council approved
the Final Map and associated items.
8. RESOLUTION 13968 ACCEPTING SANDAG SERIES 7 REGIONAL GROWTH
FORECASTS (Director of Planning)
In July 1988, the SANDAG Board of Directors approved and voted to
distribute the Final Series 7 regional Growth Forecasts to the
various jurisdictions of the County of San Diego. The Board had
also requested that the governing body of each jurisdiction review
the report and determine that it would be an aid in local planning
as well as report such finding back to SANDAG. Council stated the
Series 7 forecasts are compatible with the City's recent growth
and development forecasts and will be useful as an aid to local
planning.
9. RESOLUTION APPROVING A QUITCLAIM DEED AND CONVEYING
SEVENTY-FIVE SQUARE FEET OF NO. 7 OF TOWN
CENTRE TOWNSITE TRACT NO. 2 TO CENTRE CITY
ASSOCIATES, LIMITED--COMMERICAL (Community
Development Director)
Pulled from the Consent Agenda.
MINUTES 5 February 14, 1989
lO. ORDINANCE 2292 REPEALING EXISTING SECTIONS 15.24.010
THROUGH 15.24.090 AND ADOPTING NEW
SECTIONS 15.24.010 THROUGH 15.24.100 OF
CHAPTER 15.24 OF THE MUNICIPAL CODE OF THE
CITY OF CHULA VISTA RELATING TO THE
ADOPTION OF THE NATIONAL ELECTRICAL CODE,
1987 EDITION SECOND READING & ADOPTION
(Director of Building & Housing)
The adoption of the National Electrical Code is in conformance
with City Council Policy 500-04 which endorses the establishment
of Uniform Building Regulations in the jurisdiction in San Diego
County. The ordinance was placed on first reading at the meeting
of February 7, 1989.
11. ORDINANCE 2293 ADDING CHAPTER 1.34 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO CLAIMS
REQUIREMENT AND PROCEDURES - SECOND
READING & ADOPTION (Assistant City
Attorney/Director of Personnel)
The ordinance was placed on first reading at the meeting of
February 7, 1989.
12. ORDINANCE 2294 REPEALING SECTIONS 9.20.020 THROUGH
9.20.260 OF CHAPTER 9 OF THE CHULA VISTA
MUNICIPAL CODE AND ADOPTING A NEW SECTION
9.20.030 RELATING TO THE LICENSING OF
SOLICITORS SECOND READING & ADOPTION
(Deputy City Attorney)
The ordinance was placed on first reading at the meeting of
February 7, 1989.
13. ORDINANCE 2295 AMENDING SECTION 19.36.030 AND ADDING
SECTION 19.58.205 TO THE CHULA VISTA
MUNICIPAL CODE TO ALLOW FOR MIXED-USE
PROJECTS IN THE C-C ZONE SECOND READING
& ADOPTION (Director of Planning)
Pulled from the Consent Agenda.
14. ORDINANCE AMENDING CHAPTER 2.28 OF THE CHULA VISTA
MUNICIPAL CODE TO ADD A CODE OF ETHICS
FIRST READING (City Attorney)
Pulled from the Consent Agenda.
15. ORDINANCE ADDING CHAPTER 2.52 TO THE CHULA VISTA
MUNICIPAL CODE REGULATING CAMPAIGN
CONTRIBUTIONS FIRST READING (City
Attorney)
Pulled from the Consent Agenda.
MINUTES - 6 - February 14, 1989
16. REPORT ON ABATEMENT OF NON-CONFORMING SATELLITE
DISHES (Director of Planning)
Pulled from the Consent Agenda.
17. REPORT REQUEST TO CONDUCT A BICYCLE TOUR BY
AMERICAN YOUTH HOSTELS (Director of Parks
& Recreation)
Council approved the request of The American youth Hostels, San
Diego Council, to conduct their Grand Bicycle Tour of Five Cities
subSect to staff conditions.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18. PUBLIC HEARING PCA-3: CONSIDERATION OF AMENDMENTS TO
TITLES 17 & 19 OF THE MUNICIPAL CODE
RE, LATING TO OFF-SITE ADVERTISING SIGNS
(Continued from meeting of February
7, 1989) (Director of Planning)
ORDINANCE 2296 AMENDING TITLES 17 & 19 OF THE MUNICIPAL
CODE RELATING TO OFF-SITE ADVERTISING
SIGNS - FIRST READING
This being the time and place as advertised, the public hearing
was declared open.
Director of Planning Krempl reported staff has prepared various
· ' ' off-site
revisions to the of th Code relatin~,hetoCode into
b ~
compliance with State and Federal laws. It is recommended
clarifying language be inserted as to the definitions of on-site
and off-site advertising signs, a provision for non-commercial
messages wherever commercial messages are allowed to protect first
amendment rights, and a provision to allow for the amortization of
non-conforming signs in the residential or agricultural zones only
in conformance with the Business and Professional Code Section
54.12.
Councilman Malcolm questioned the possibility of a request to
trade 3 or 4 signs for one large sign and the flexibil.ity that
should be allowed in the Code. City Attorney reported this has
been done in other cities; Councilman Malcolm requested this
option not be foreclosed. Mayor Cox reported his agreement and
City Attorney reported the proposed language submitted by the
billboard industry would accomplish the flexibility desired;
Director Krempl reported that time would be requested to
restructure the appropriate code references. Director of Krempl
reported the estimate of 32 billboards City-wide; a further
breakdown is not available; the process for amortization requires
a specific notice following adoption of the ordinance.
MINUTES 7 February 14, 1989
Sylvia Cegelis, 2727 Camino del Rio South, 92108, representing the
Patrick Media Group stated agreement with the staff proposal;
reported signs in residential or agricultural zones were usually
in appropriate zones when placed there; and read from the State
Business and Professions Code Sec. 54,12.1 and .2 empowers the
entering into a relocation agreement without the expenditure of
public funds. Ms. Cegelis reported she is authorized to speak for
the Outdoor Advertising Task Force (Martin Outdoor, Gannett
Outdoor and the Patrick Media Group).
There being no others to speak either for or against this item,
the public hearing was closed.
Councilman Moore reported his displeasure with the industry for
the past few years; City Attorney reported, in answer to
Councilman Nader's question, concerns could be addressed by the
Conditional Use Permit; Mayor Cox confirmed that, with approval of
this ordinance, condemnation of billboards could be effective.
MOTION
MSC (Malcolm/Nader) to amend the ordinance with the approval of
the City Attorney in accordance with the wording proposed in the
February 10, 1989 letter from the San Diego Outdoor Advertising
Task Force. (Councilman Moore voted no.)
MAYOR COX OFFERED THE AMENDED ORDINANCE which was read by title,
the reading of the text waived by unanimous consent and approved.
(Councilman Moore did not vote.)
MOTION
MSUC (Cox/McCandliss) to direct staff when the ordinance becomes
effective in thirty days to amortize those billboards in the
residential and agricultural zones of Chula Vista.
MOTION
MSUC (Cox/Moore) to direct staff to prepare a complete listing of
the billboards, whether they are one or two-sided, the ownership
and the site location of each.
19. ORAL COMMUNICATIONS
a. James Lovett, Bayscene Mobilehome Park, asked whether the new
owner of the Park has sent in the binding arbitration fee;
Acting Director of Community Development Gustafson reported
he had not as of this date. Mr. Lovett also reported the
residents of the park have not been contacted by the new
owner, he is still waiting for a copy of the City Attorney's
report, and requested a modification of 9.6.020 relative to
the mobilehome owners right to purchase. Mr. Lovett stated
his belief that the owner should be required to notify the
residents when a park is to be sold.
MINUTES - 8 - February 14, 1989
MOTION
MSUC (Cox/Nader) to refer this request to staff.
Councilman Malcolm suggested the Community Development Department,
when contacting the residents of mobilehome parks, to also send
information to them relative to Orange Tree Mobilehome Park for
their information.
b. Paul L. Greene, Sr., 141 Lotus Drive, restated his concerns
about an alleged slanderous statement by a Councilmember, the
use of C-C versus R-C zones when referring to residential
commercial zones and his suit pending in the courts.
PULLED ITEMS
9. RESOLUTION APPROVING A QUITCLAIM DEED AND CONVEYING
SEVENTY-FIVE SQUARE FEET OF NO. 7 OF TOWN
CENTRE TOWNSITE TRACT NO. 2 TO CENTRE CITY
ASSOCIATES, LIMITED--COMMERICAL (Community
Development Director)
Centre City Associates, Limited--Commercial (CCAL-C), developer of
most of the Town Centre Focus Area, has begun grading and
foundation work on Lot 1 at the southwest corner of F Street and
Garrett Avenue for development of an approved commercial
building. Before construction can continue, however, the property
owner needs to adjust the east and west property lines due to a
surveying error in locating the former Seafood Broiler Restaurant
(Lot 2) six inches onto Lot No. 1. CCAL-C has agreed to pay the
City $25.00 per square foot for the property, which is over market
value for the area. The total revenue to the City from the sale
will be $1,875, based on $25.00 x 75 square feet.
The recommendation is that Council determine that due to special
circumstances it is in the best interest of the City to sell the
property and waive the bidding procedure for sale of real estate;
and approve a Quitclaim deed conveying the property to Centre City
Associates, Limited--Commercial.
Councilman Malcolm disagreed with staff's recommendation of $25
per square foot; the property owner created the problem and should
pay market value for the land. Councilmembers discussed their
mixed feelings stating the length of time this construction will
take and the value of getting more money for the City, the
probability that this proposed building may preclude the placement
of parking for a proposed grocery story.
MOTION
MS (Malcolm/Nader) to change the price for the property to $50.00
per square foot.
Redevelopment Coordinator Kassman reported recent purchase prices
paid by the City in comparison, Councilmembers discussed
concessions made in the past and the obligation to seek the
maximum amount for the taxpayers.
MINUTES - 9 - February 14, 1989
VOTE ON THE MOTION
Motion passed unanimously.
13. ORDINANCE 2295 AMENDING SECTION 19.36.030 AND ADDING
SECTION 19.58.205 TO THE CHULA VISTA
MUNICIPAL CODE TO ALLOW FOR MIXED-USE
PROJECTS IN THE C-C ZONE SECOND READING
& ADOPTION (Director of Planning)
The ordinance, amending the Code to allow for mixed-use projects
in the C-C zone was placed on first reading at the meeting of
February 7, 1989.
Councilman Malcolm stated his concern indicating the application
of Appel will bring another application for more apartments and
recommended, if and when the Conditional Use Permit is requested,
the Conditional Use Permit be appealed to the City Council to a
date when he is present. Director of Planning Krempl reported the
applicant has filed for a Conditional Use Permit for C-C Zoning;
it has been heard by the Planning Commission and will soon be
coming to Council.
14. ORDINANCE 2297 AMENDING CHAPTER 2.28 OF THE CHULA VISTA
MUNICIPAL CODE TO ADD A CODE OF ETHICS
FIRST READING (City Attorney)
At its Joint Meeting with the Board of Ethics on December 8, 1988,
the City Council adopted "in concept" a proposed Code of Ethics
and made a number of referrals back to the Board of Ethics. The
proposed ordinance includes those matters previously approved in
concept and the Board of Ethics' recommendations with regard to
the referred matters. The recommendation is that Council not
adopt the ordinance and refer to the Civil Service Commission the
question of whether the Civil Service Rules need be amended to
prohibit special treatment or favor of individuals by City
employees.
Chairman Swanson, Board of Ethics, reported the Board believes the
Code of Ethics should have a higher value than a violation of the
law and, as such, is now an acceptable Code.
COUNCILWOMAN McCANDLISS PLACED THE ORDINANCE ON FIRST READING
which was read by title, the reading of the text waived
unanimously.
Mayor Cox referred to page 6, Sec. 2.28.110 1., Organization, and
the action of Council to seek the recommendation of the Presiding
Judge for appointments which statement is absent from the Code;
City Attorney Harron reported this is intentional since the Judge
cannot be bound to cooperate as in the past. Councilman Nader
suggested putting the requirement on Council.
MINUTES - lO February 14, 1989
MOTION
MSUC (Nader/Cox) to direct the City Attorney to amend the
Ordinance to reflect that Council is required to submit the names
of applicants for the Board of Ethics to the Presiding Judge to
seek his/her input prior to making the appointments.
Mayor Cox's question under item 4 under CODE OF ETHICS was
explained by Chairman Swanson as the use of one's position to
benefit another, Councilman Nader suggested use of specific
language to state one should not use a position to obtain special
favors for self, family or friends.
Councilmembers discussed several instances as well as the meaning
of "suspected corruption" and Councilman Malcolm disagreed with
accepting a "trip" or "meal" as unethical stating such a "gift"
must be disclosed to Fair Political Practices Commission.
MOTION
MSUC IMoore/Malcolm) to amend the proposed ordinance to delete the
word, "all" on page 3, Sec. 2.28.025, 6th line, where it refers
to "...for ill government .... "
MOTION
MSUC (Nader/Moore) to amend the proposed ordinance to delete the
first sentence of Sec. 2.28.030, Loyalty, on page 2.
MOTION
MSC (Moore/Malcolm) to amend the proposed ordinance to delete the
word, "equally" on page 3, a., eighth line. (Councilman Nader
voted no)
MOTION
MSC (Moore/Malcolm) to amend the proposed ordinance to delete the
first sentence under 2., Specific Prohibitions on page 3.
(Councilwoman McCandliss voted no.)
MOTION
MS (Moore/Malcolm) to amend the CODE OF ETHICS, No. 5, to read, "I
will report suspected corruption wherever discovered."
Councilman Malcolm seconded the motion because of his belief that
to report "suspected corruption" is part of his job, and that
"waste and inefficiency" is normal for government but, since the
Code is a set of "ideals" he does not believe it should be
tampered with.
VOTE 01~ THE MOTION
Motion passed. (Councilwoman McCandliss and Councilman Nader
voted no.)
MOTION
M (Nader) to amend the CODE OF ETHICS, No. 5, to remove the word,
"suspected." (Motion died for lack of a second.)
MINUTES ll February 14, 1989
MOTION
MSUC (Nader/Moore) to amend the CODE OF ETHICS, to restate No. 4,
"I will not use my City position to seek or receive special favors
for myself, my family or my friends."
~IOTION
M (Nader) to amend Sec. 2.28.050 on page 3, to include an
exemption for payments or in kind services or contributions, in
addition to the meals exemption, the langua9e for which to be
inserted by the City Attorney.
Councilman Malcolm stated his concerns citing past instances and
questioned whether concerns would be addressed by abstaining on a
vote for a project. Councilman Nader suggested a City business
relationship exception to the gift limitation be inserted in the
Code.
SUBSTITUTE MOTION
MSUC (Malcolm/Cox) to amend Sec. 2.28.050, paragraph c. on page 3,
to delete paragraph c. and to direct the Board of Ethics and the
City Attorney to come back with a recommendation for an amendment,
either through abstentions or different wording.
VOTE ON THE ORDINANCE
Amended Ordinance approved uanimously.
At 9:16 p.m., Council recessed and reconvened at 9:27 p.m.
15. ORDINANCE 2298 ADDING CHAPTER 2.52 TO THE CHULA VISTA
MUNICIPAL CODE REGULATING CAMPAIGN
CONTRIBUTIONS - FIRST READING (City
Attorney)
R. C. Campbell, 838 Coreander Court, Chula Vista, Chairman of the
Charter Review Committee, discussed the work accomplished by the
Committee and his availability to answer questions.
Councilmembers discussed and posed questions about the
contribution limit and how it would affect their participation in
a vote. City Attorney Harron reported that a contribution above
$250 from a single contributor is not allowed; the contribution
does not regulate your right to vote. If, however, a
Councilmember sits on a third agency, SANDAG, LAFCO, etc., that
member may have to abstain based on State law.
MOTION
MS {Malcolm/Nader) to change the ordinance' campaign limitation
from $250 to $50.
ADDITION TO THE MOTION
(Nader/Malcolm) tO direct the Charter Review Committee to explore
the question of an exceptance if a candidate wanted to spend his
own money, to a review how this is working in other cities and to
report back with a recommendation.
MINUTES 12 - February 14, 1989
Councilwoman McCandliss reported the absence of limitation
presently and the absence of large contributors, and questioned
the effort of setting an amount that is practical and reasonable
to address some control. Councilman Malcolm cautioned there
should be a way to prohibit those who would contribute to the
maximum. Mr. Campbell reported on the rising cost of elections
and the unanimous opinion of the Committee that the $250 maximum
contribution would be a reasonable figure.
VOTE ON THE MOTION
Motion failed. (Mayor Cox; Councilmembers McCandliss and Moore
voted no.)
MOTION
ItS (Malcolm/Nader) if an officeholder receives more than $250 from
any one group or company, that the officeholder not participate in
any vote which affects the contributor during the campaign period
to make sure it applies through the election cycle.
Councilman Malcolm reported his motion, which could state "the
election cycle or two years," is an attempt to get away from
people heavily putting influence on Council by votes; and further
cautioned that limits put on another also takes away that person's
right but is done because of the "public good" derived.
AMENDMENT TO THE MOTION
MS (Nader/Malcolm) that the contributions to be accumulated to
determine disqualification to vote are those that come from
officers, directors, partners or agents of a business entity.
CLARIFIED MOTION ON THE FLOOR
Councilman Nader reported if the contributions from agents,
officers, directors or partners accumulate to more than $250, the
office holder is prohibited from voting on matters in which that
entity has a financial interest pending before the Council.
SUBSTITUTE MOTION
MSUC (Cox/Moore) to refer the motion as amended to the Charter
Review Committee and the City Attorney for review and to bring
back to Council at a subsequent date.
Councilwoman McCandliss emphasized that husbands and wives, when
contributing to whomever they wish, should be considered
separately.
MOTION
MSUC (Nader/McCandliss) to direct that language be brought back at
the Second Reading to state on page 3, Section 2.52.050, A., "to
the extent Federal law requires, a candidate be allowed to make
unlimited contributions to his or her own campaign and that this
ordinance does not interfere."
MOTION
~SUC (Nader/McCandliss) on page 9, H., the language be amended to
state that "wilful acceptance of cumulative illegal contributions
of $2500 or more within one election cycle ..... "
MINUTES - 13 February 14, 1989
Councilman Nader further questioned a personal loan by a candidate
from a commercial bank and the personal liability of the
candidate, which questioned was answered on page 5 B. at the top
of the page and the City Attorney's confirmation that any loan
contributed to a candidate is is a contribution and, as such,
cannot be more than $250.00.
VOTE ON THE ORDINANCE
Ordinance as amended was placed on First Readin9 unanimously.
Councilman Malcolm referred to a circumstance when two candidates
put in thousands of their own money in a Mayor's race, while
another allegedly took large amounts from another individual. He
would like to see a regulation that, when candidates give large
amounts of money to their campaign to "buy an election," the
limitations should be changed for the other candidates; San Diego
County now has this ordinance on their books.
MOTION
MSUC (Malcolm/Nader) to refer this subject to the Charter Review
Committee to review and to bring back a recommendation,
16. REPORT ON ABATEMENT OF NON-CONFORMING SATELLITE
DISHES (Director of Planning)
In 1985-86, the Council passed amendments to the Municipal Code
regulating satellite dish antennae. One of the provisions was a
three-year amortization of all non-conforming dishes. The three
year period is up as of February 14; staff deemed it appropriate
to alert Council before pursuing enforcement. The cost of removal
or relocation by property owners is unknown and will vary from
site to site. The cost of processing a variance for satellite
dishes varies from $25 without a public hearing to $50 with a
public hearing.
The recommendation is that Council direct staff to bring forward
an ordinance amendment which would extend the amortization period
to 1991 with notification to each owner by the end of this year.
MOTION
MS (McCandliss/Cox) to approve the staff recommendation with a
requirement that staff return in six months with a specific
statement regarding the intention to provide a one-year advance
notice as well as the criteria staff will be using to evaluate the
satellite dishes' acceptability by not being obtrusive.
Mayor Cox requested staff to identify the location of the many
"dishes" throughout the City, to prepare and bring to Council a
sample letter encouraging compliance by the registered owners or
to proceed through the variance proceedings.
VOTE ON THE MOTION
Motion passed. ICouncilman Malcolm out)
MINUTES - 14 February 14, 1989
20. CITY MANAGER'S REPORT
a. Scheduling of Council meetings - Council Workshop will not be
held on February 23. Mayor Cox questioned the fact that many
items have been on the list to be addressed; that Council
Referrals and Pending List include ten or twelve items not
reflected on the Workshop List; the City Clerk be directed to
prepare a ballot for Council to review so that Council can
determine what should be scheduled or eliminated.
b. Report of vandalism of vehicles and the proposal to
temporarily block the westerly entrance to the employee
parking lot to prevent unauthorized vehicles from accessing
the lot. Staff will be seeking Council approval for a
permanent fencing arrangement for Fire Station 1 and Fire
Station 5.
c. Members of the Council were requested to inspect the test
repairs on Hilltop sidewalk curbs (which item will be on the
next agenda for approval).
21. MAYOR'S REPORT
a. Memorial Park improvements - Mayor Cox stated he would like
to be assured the park improvements to the Memorial Bowl
portion are accomplished timely.
MOTION
MSUC (Cox/Nader) to direct staff to report on the quickest
time frame to accomplish completion of the Memorial Bowl
portion of the improvements by the 50th Anniversary
Dedication of Memorial Park in October 1989.
b. Council input on March 4 Council tour - Input should be given
to staff for inclusion on the tour.
c. Disabled access to Chula Vista City facilities such as
community centers and Civic Center - Council has taken action
to put in retractable doors at several locations.
MOTION
MSUC (Cox/Nader) to direct staff to take a look at facilities in
the City which are open to the public for recreational facilities
and to examine if handicapped access exists.
d. Announcement that Councilwoman McCandliss was reappointed for
a four-year term as an Alternate to the Local Agency
Formation Commission.
e. City of Chula Vista was designated Tree City USA for the
ninth year in a row.
f. Sheridan Hegland, Member of the Library Board of Trustees,
passed away on Monday; services will be held on Saturday,
February 18, 1989 at Frederika Manor at 1:30 p.m.
MINUTES 15 - February 14, 1989
g. MOTION
MSUC (Cox/Nader) to accept the judgement on the City of Chula
Vista vs. Merziotis case.
h. Letter from Hugh Christiansen with his recommendation to
restripe to allow additional parking spaces on the west side
of Third Avenue south of "F" Street is an excellent example
of looking at things creatively for a good solution, which
amounts to an approximate $120,000 contribution to the City.
MOTION
MSUC (Cox/Moore) to direct staff to write Hugh Christiensen to
thank him for his input and recommendations and that he will be
advised of the results of this suggestion.
22. COUNCIL COMMENTS
COUNCILWOMAN McCANDLISS:
a. During the last few years, a number of park plans have had
need for development and will have in the future; a potential
problem is developing with only one landscape architect in
the City.
MOTION
MSUC (McCandliss/ Nader) to direct staff to bring to budget for
1989-90 an addition to the Parks and Recreation Department of a
Landscape Architect specifically responsible for reviewing the
work of consultants and for reviewing master plans and park
development throughout the City.
COUNCILMAN Nader:
b. RESOLUTION 13970 COMMENDING PROJECT CONCERN FOR THEIR
HUMANITARIANISM AND SPONSORSHIP OF MARCH
4, 1989 WALK FOR MANKIND DAY IN CHULA
VISTA
This is an annual event held in several city in the County
each year; it will be held in the South Bay this year after a
ten year absence. Greg Serementis will be available to
accept the Resolution at the Council Meeting of February 21,
1989.
COUNCILMAN NADER OFFERED THE RESOLUTION which was read by title,
the reading of the text waived by unanimous consent and approved
unanimously.
COUNCILI~AN MALCOLM:
c. Request by the City of San Diego to the California Coastal
Commission for an extension related to the removal of sludge
beds off Fiesta Island - No report
d. SDG&E merger and City of Chula Vista becoming involved in all
P.U.C. hearings regarding SDG&E merger -
MINUTES 16 - February 14, 1989
MOTION
MSUC (Malcolm/Cox) to direct a member of staff to attend the PUC
Regulatory Hearings relative to the SDG&E/SCE merger.
Mayor Cox reported the only cities that are listed as
"intervenors" are the City of San Diego and the City of Chula
Vista, and a suggestion was made by the San Diego County
Division of the League that all cities file as intervenors so
they may have the standing to raise any question they
choose.
e. Discussion regarding current legislation and possible City
ordinance regarding use of semi-automatic weapons. The
Attorney General has requested Council support bills that
will remove these attack weapons from the availability of the
public to buy. Chula Vista Chief of Police, the Sheriffs of
the State, California Peace Officers all support the
prohibition of the sale of the weapons.
MOTION
MSUC IMalcolm/Nader) to amend the City's Legislative Program to
allow the inclusion of letters to be sent in support of any bills
that would remove these attack weapons.
COUNCILMAN MOORE:
f. Question to staff relative the selection of the site for the
Fire Station at EastLake - Deputy City Manager Thompson
reported that staff is presently in the analysis of program
evaluation and computer simulation of response times, the
report of which will be brought to Council in March; a draft
report will be sent to the Fire Fighters and the Planning
Commission. Recommendations will also be made relative to
phasing.
ADJOURNMENT AT 10:48 p.m. to the Regular Meeting of February
ie M. Fulasz, CMC'
CITY CLERK