HomeMy WebLinkAboutcc min 1988/04/19AT 6:30 p.m., City Council met in Closed Session to Oiscuss
Sierra Club v. Coastal Commission, Sierra Club v. Marsh,
Personnel, Mullis v. Chula Vista, Potential Litigation, and
Property Acquisition (Hermosa & Orange Avenue TORIMARU, Muneo &
Mamie, 1427 Hermosa Avenue 92011)
MINUTES OF A COUNCIL MEETING
OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, April 19, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm,
Moore and McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Thomson, City
Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSC (McCandliss/Moore) to approve the Minutes for the Special
Joint City Council/Redevelopment Agency Meeting of April 4, the
Regular Meeting of April 12, and the Special Meeting of April 14,
1988. (Councilman Nader abstained on the Minutes of April 12
since he did not attend the complete meeting; and Councilman
Malcolm abstained on the Minutes of April 4 and April 14 because
he was absent.)
2. SPECIAL ORDERS OF THE DAY
Mayor Cox announced a request from the Buie Corporation to
continue item 4 for one week; and a request from the attorney
representing the applicants and from Investors Limited under item
17 to continue the item for one week.
In response to Councilwoman McCandliss' request, it was confirmed
that no one was present this evening to speak to item 4 or item 17.
MOTION
MSUC {Moore/Cox) to continue both items 4 and 27 to the meeting of
April 26.
MINUIbb - ~ - hpr~l I~, ,~oo
Mayor Cox announced that a postcard was from Paul Kincade, mailed
from Japan and received after the Agenda was completed, requesting
that he make a presentation at this meeting.
Paul Kincade, 715 Nolan Avenue, 92010, reported that he visited
with the Mayor and the Police Chief of Takaraguka and presented
gifts to them on behalf of the City of Chula Vista. The City of
Takaraguka reciprocated with gifts which Mayor Cox accepted on
behalf of the City of Chula Vista.
2a. PROCLAIMING THE WEEK OF APRIL 18-24, 1988 AS "FAIR HOUSING
WEEK" IN THE CITY OF CHULA VISTA AND RECOGNITION OF THE FOUR
WINNERS OF THE FAIR HOUSING POSTER CONTEST Mayor Cox
Mayor Cox read the Proclamation and Mayor pro tempore Malcolm
presented the Proclamation to Eric Moneypenny, Fair Housing
Officer for the City of Chula Vista. In recognition of Fair
Housing Week, the City conducted a Fair Housing Poster Contest at
John Montgomery, Halecrest and Castle Park Elementary Schools, the
purpose of which was to help children understand the concept and
promotion of fair housing. The winners of the City's Fair Housing
Poster Contest follows, each of whom received gifts for their
talent. Mr. Moneypenny will present other poster awards at the
schools.
First Place, Marcelle Romero, Halecrest Elementary
Second Place, Erica Grider, Halecrest Elementary
Third Place, Bianca Lizarraga, Montgomery Elementary
Honorable Mention, Debbie Perez, Montgomery Elementary
b. PROCLAIMING APRIL 25-29, 1988 AS "NATIONAL SECRETARIES' WEEK"
Mayor Cox read the Proclamation while it was presented to Lorraine
Kraker, Secretary to the City Attorney, who accepted this on
behalf of all the secretaries in the City of Chula Vista.
c. PRESENTATION OF HAZARDOUS WASTE MANAGEMENT PLAN - San Diego
County Representatives
City Manager Goss reported that the County Representatives have
requested this presentation be rescheduled for another meeting.
2d. PERSONNEL Councilman Malcolm
Councilman Malcolm presented his basic "philosophical" differences
with the City Attorney: (1) the point of closed session
discussions, whether or not to record those meetings and
eventually allow the public to review the tapes; (2) the City
Attorney's previous advice to not allow citizens to go through an
initiative process because he felt the issue was unconstitutional;
(3) a number of business decisions or lack of action by the City
Attorney with which the Councilman had concerns with, such as the
closure of Thad's Sex Studio; (4) the closure of Fifth Avenue and
the protection and clauses of which the developers are now taking
advantage; {5) the condominiums at the end of Orange Avenue; (6)
fees regarding Church functions.
MINUTES 3 - April 19, 19~8
Councilman Malcolm added that because the San Diego Union now
broke the story on the City Attorney's filing with the FFPC,
Councilman Malcolm opened up his files to the newspapers and gave
complete access to them, as well as the letter of opinion from the
State's Legal Counsel that Councilman Malcolm can vote on any
issue with no reason to abstain. The same opinion was received
from San Diego City Attorney John Witt and from a former Chairman
of the Fair Political Practices Commission (FPPC)..
Councilman Malcolm apologized to City Attorney Hatton for some of
his remarks in the newspapers and offered hope to be able to
continue on with City business, to do his job, that the City
Attorney is able to do his job and that the FPPC do their job in a
very quick manner.
Mayor Cox responded that comments made by Councilman Malcolm in a
meeting held with him after last Tuesday's Council Meeting are
troubling to the Mayor and it is his desire to set the record
straight in this public forum. When people are elected to public
office, they are given a public trust; it is an honor to serve the
City of Chula Vista and he is assured his colleagues feel this
same pride in their respective roles.
The Mayor remarked that last week, Councilman Malcolm was quoted
that there were a lot of things "the public needs to know and
various names from Gus Zebo to what is going on with our City
Attorney". After those comments were made and after the meeting
was adjourned, Councilman Malcolm asked if he could talk to me
and, at that meeting, basically expressed accusations he decided
to not bring forward at the meeting.
The reference Malcolm made to "Gus Zebo" is an alias for Frank
Ferreira, an apartment owner and property owner in the City of
Chula Vista, who was introduced to the Mayor by Councilman Malcolm
in July 1982 as someone who would possibly be interested in
apartments the Mayor held in partnership in Texas which
experienced financial problems (the same apartments which were the
subject of last year's loan from Home Federal). The Mayor
explained his intent was to sell the apartments so they would no
longer be a concern of his and the parties of the joint venture.
Mr. Ferreira decided he was not interested but, eventually, a
partnership was formed that included Mr. Ferreira's wife (Judy)
but the Mayor has never been involved with the partnership, nor
has been the recipient of any loan from those people as alleged by
Councilman Malcolm last week.
Councilman Malcolm also made a statement raising concern of
appointing friends to Boards and Commissions referring to the
appointment of Pat Judd. Mr. Judd was appointed to the Town
Center Design Review Board in 1981 when Mayor Hyde was Mayor of
Chula Vista, after which the Board was consolidated with the
City's Design Review Board per staff recommendation. The concern
MINUTES ~ - Aprla i~, I~o~
regarding the Mayor's association with Mr. Creaser was also
questioned when, in 1981, Mr. Creaser offered his home as a fund
raiser for the mayoral campaign. Mr. Creaser purchased a ticket
to the dinner in his own home for $125, and from the Mayor's
records, no campaign contribution was received from Mr. Creaser
beyond $100.
The Mayor concluded commenting that, when you are in public office
there are always accusations made that you want to respond to but
don't and that it is easy to make accusations but they do not
serve any public service.
The Mayor contended that the most distressful statements made by
Councilman Malcolm was his statement that "if I'm going to go
down, then I will make sure other people will go down with me",
and that he had one other vote on the Council to discharge the
City Attorney (the veracity of which is doubtful) but it was
definite he was looking for a third vote to seek the discharge of
Mr. Harron, and if the Mayor did not want the information to come
out, he should be that third vote. Mayor Cox stated it should be
made perfectly clear that he will not be intimidated as he told
Councilman Malcolm last week that "his vote was not for sale last
week, is not for sale this week, and will not be for sale at any
time in the future."
Councilman Nader clarified his position by a statement that his
vote, if a motion had been made to fire the City Attorney, would
not have been affirmative.
CONSENT CALENDAR (Items 3a 16)
Items Pulled: 3a, 3b, 3f, 3g, 6, 12a and b, 13, 15a and b; item 4
was continued; items 9 and 16 were deleted.
Councilwoman McCandliss commented on 3d and urged the Safety
Commission to expeditiously make a recommendation.
BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY COUNCILMAN MALCOLM,
the reading of the texts waived by unanimous consent, passed and
approved unanimously.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO MODIFY ORDINANCE 2163 TO ADD RENT CONTROL AND
PENALTY MEASURE; CONCERN REGARDING PARK OWNERS ADDING FALSE
SERVICE CHARGES TO UTILITY BILLS H. Duncan, R. C. Flaugher,
Co-Chairmen, Mobilehome Owners Political Action Committee,
llO0 Industrial Blvd. Space I-, Chula Vista 92011
Pulled from the Consent Agenda.
b. CONCERNS ABOUT OTAY MESA TRANSPORTATION PHASING PLAN AND OTAY
MESA TASK FORCE Bill Robens, Frank Scott, CROSSROADS, 4 East
San Miguel Drive, Chula Vista 92010
Pulled from the Consent Agenda.
MINUTES 5 April i~, 1~5
c. CONCERN REGARDING COBBLESTONE CROSSWALKS IN CITY - J. R.
Cutler, 375 G Street, Apt. B, Chula Vista 92010
Council directed staff to advise Mr. Cutler that his concern will
be taken into consideration by staff in future projects.
d. RENEWED REQUEST FOR CROSSWALK AND 3-WAY STOP AT MELROSE AND E.
PROSPECT - Diana Anderson, 1357 Melrose, Chula Vista ~2011
Council directed that Mrs. Anderson's letter be referred to staff
and the Safety Commission.
e. OPPOSITION TO RELOCATING SOCIAL SECURITY OFFICE IN DOWNTOWN
AREA - Jim Fergus, President, Downtown Committee, 233 Fourth
Avenue, Chula Vista 92010
Council directed staff to attempt to schedule a meeting with
Social Security officials and the Downtown Committee to alleviate
some of the fears and to notify the Committee of any similar
activities or facilities that intend to locate in the downtown
area.
f. REQUEST FOR INCREASED POLICE PATROL TO CURB ILLEGAL DRUG
PROBLEM - Antonio Castro, 158 Zenith Avenue, Chula Vista 92011
Pulled from the Consent Agenda.
g. CLAIM AGAINST THE CITY ALLEGING CITY RESPONSIBILITY FOR
PROPERTY DAMAGES INCURRED WHEN NATURAL DRAINAGE DITCH ADJACENT
TO THEIR PROPERTY OVERFLOWED.- Mr. & Mrs. Sanford Mullis, 66
Oxford Street, Chula Vista 92011.
Pulled from the Consent Agenda.
4. REPORT ON GENERAL PLAN POLICIES (Continued from
meeting of April 12, 1988) (Director of
Planning)
MOTION
MSUC (Moore/Cox) to continue one week to the Regular Meeting of
April 26.
5. RESOLUTION 13523 ACCEPTING BIDS & AWARDING CONTRACT FOR
WHEEL LOADER (Director of Finance)
The low bid of Scott Machinery and the second low bid by Case
Power and Equipment did not meet specifications on several
components of the unit. The Caterpillar 916 bid by Hawthorne
Equipment meets all specifications. Based on meeting the
specifications and maintenance history of all of the makes of
loaders, it is recommended that the bid be accepted from Hawthorne
for the Caterpillar 916. The total cost is $43,248.99 with
sufficient funds provided for in the budget.
MINUTES ~ Apr~ ~, ~
6. RESOLUTION APPROVING AN AGREEMENT WITH NORDQUIST &
ASSOCIATES FOR LANDSCAPE ARCHITECTURE
SERVICES FOR ROHR/SWEETWATER PARK
(Director of Parks & Recreation)
Pulled from the Consent Agenda.
7. RESOLUTION 13524 APPROVING AMENDMENT TO FY 1987-88 THROUGH
FY 1989-90 MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT WITH LOCAL 2180
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(Deputy City Manager)
The proposed Local Agency Formation Commission (LAFCO) terms and
conditions for the Bonita annexation would result in the
Bonita/Sunnyside Fire District staff being absorbed by the City on
the annexation's effective date. The proposed amendment to the
M.O.U. would only become effective if and when the Bonita
annexation became effective and the cost of implementation is
included in the City's proposed Bonita budget.
8a. RESOLUTION 13525 APPROVING AN AGREEMENT WITH THE COUNTY OF
SAN DIEGO TO AMEND AN AGREEMENT FOR
FUNDING AND IMPLEMENTATION OF PUBLIC
IMPROVEMENT PROJECTS IN MONTGOMERY
(Community Development Director)
b RESOLUTION 13526 APPROVING AN AGREEMENT WITH THE COUNTY OF
SAN DIEGO FOR THE FUNDING AND
IMPLEMENTATION OF THE PALM AVENUE DRAINAGE
IMPROVEMENTS PROJECT (Community
Development Director)
One of the capital projects funded by the County prior to the City
annexation of Montgomery was the installation of asphalt walkways
on Main Street from Albany Street to the Industrial Boulevard.
With the recent Council approval of the Proposition A priority
list of projects, permanent improvements are scheduled to be
installed on that stretch of Main Street within the next three
years.
9. DELETED FROM THE AGENDA.
10. RESOLUTION 13527 ACCEPTING PUBLIC IMPROVEMENTS
CONSTRUCTION OF SIDEWALK RAMPS, MISSING
SIDEWALK AND 1987-88 SIDEWALK
REHABILITATION PROGRAM AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA AND
APPROVING THE TRANSFER OF CDBG FUNDS
(Director of Public Works)
MINUTES 7 April 19, ~9~
Council by Resolution No. 13395 awarded a contract for the
construction of sidewalk ramps, missing sidewalk and sidewalk
rehabilitation (1987-88 program) to Roca Construction, Inc. The
work, which was CDBG-funded, is now completed. The work was done
for less than the contract amount. However, funds allocated for
staff costs have been exceeded by $2,102.96 to cover the actual
expenditure. Surplus CDBG funds are available for transfer to
this project to make up the shortfall.
ll. RESOLUTION 13528 ACCEPTING CONTRACT WORK, KITCHEN
IMPROVEMENTS INCLUDING INSTALLATION OF NEW
EQUIPMENT AT LAUDERBACH COMMUNITY CENTER,
333 OXFORD STREET, (Director of Public
Works)
Kuhler Corporation completed the improvements and installation of
new equipment which included new stainless steel countertops,
cabinets, commercial grade dishwasher, cooktop, oven, broiler and
a microwave oven. A final inspection was made on March 15, 1988,
and all work was completed in accordance with the contract
specifications and to the satisfaction of the Building Maintenance
Superintendent and the Director of Parks and Recreation.
12a. ORDINANCE AMENDING SECTION 1.20.020 ADDING CHAPTER
9.11, AMENDING SECTIONS 9.12.010, 9.12.020
AND REPEALING SECTIONS 9.12.030 AND
9.12.040 RELATING TO GAMBLING AND
REGULATION OF OPERATION OF FRATERNAL
SOCIETY GAMEROOMS - FIRST READING
(Director of Public Safety)
b. RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO
INCLUDE A LICENSE FEE FOR FRATERNAL
BENEFIT SOCIETY GAMEROOMS
Pulled from the Consent Agenda.
13. REPORT PROPOSAL BY THE VISITOR DEVELOPMENT
COMMITTEE OF THE CHAMBER OF COMMERCE FOR
THE CITY TO PARTICIPATE IN THE SAN DIEGO
UNION'S PASSPORT ADVERTISING SUPPLEMENT
'('B'~puty City Manager)
Pulled from the Consent Agenda.
14. REPORT BONITA ROAD RUNNERS REQUEST TO CONDUCT A
IOK ROAD RACE (Director of Parks &
Recreation)
Council directed staff to approve the road race scheduled for Rohr
Park on Saturday, May 28, 1988, subject to (1) Provision of
evidence of general liability insurance in the amount of $1
million; (2) Execution of a hold harmless agreement; (3) Provision
of adequate traffic control; (4) Provision of adequate park ranger
supervision at the sponsor s expense; and ( ) Clean-up of any
litter created by the event.
MINUTES ~ Aprll mY, i~
15. REPORT ON HUMAN SERVICES TASK FORCE (Community
Development Director)
a. RESOLUTION APPOINTING TWELVE MEMBERS TO THE CHULA
VISTA HUMAN SERVICES TASK FORCE
b. RESOLUTION APPROVING AN AGREEMENT WITH TOM PACKARD,
D.S.W. FOR CONSULTING SERVICES TO ASSIST
THE CHULA VISTA HUMAN SERVICES TASK FORCE
Pulled from the Consent Agenda.
16. DELETED FROM THE AGENDA.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HEARING MAJOR USE PERMIT PCC-88-23M: APPEAL OF
DENIAL BY THE PLANNING COMMISSION OF A
REQUEST TO EXPAND A MINI-WAREHOUSE
FACILITY AT 350 NAPLES STREET - INVESTORS
LTD. (Continued from meeting of April 12,
1988) (Director of Planning)
RESOLUTION DENYING PCC-88-23M TO EXPAND A
MINI-WAREHOUSE FACILITY AT 350 NAPLES
STREET
MOTION
MSUC (Moore/Cox) to continue one week to the Regular Meeting of
April 26.
18. PUBLIC HEARING PCZ-88-K: CONSIDERATION TO PREZONE THE
PROPOSED BONITA/SUNNYSIDE ANNEXATION AREA
TO EXISTING COUNTY ZONING CITY INITIATED
(Director of Planning}
ORDINANCE 2264 PREZONING THE PROPOSED BONITA/SUNNYSIDE
ANNEXATION AREA TO EXISTING COUNTY ZONING
- FIRST READING
This being the time and place as advertised the public hearing was
declared open.
The proposed ordinance would prezone the lands constituent to the
proposed Bonita-Sunnyside Annexation to their existing zoning
classifications in the County. By operation of the proposed
ordinance, the lands so prezoned would retain their County zoning
upon annexation. The proposal is exempt from environmental review.
MINUTES 9 Aprll I~,
Stanley B. Waid, Bonita, 92002, reported his main concern is the
primary density bonus awarded to the previous owners of Bonita
Meadows; and that residents of Bonita Highlands do not support
that density for this area. Director of Planning Krempl clarified
that the applicant does have an approved tentative map from San
Diego County and is moving toward a final map. If recorded, prior
to the potential annexation, it gives him a right to proceed with
development.
There being no others to speak for or against this item, the
public hearing was closed.
Councilmembers discussed the prezoning as a required procedure per
LAFCO and that Council will have no further opportunity to act on
any matter to stop the annexation. Councilman Malcolm stated his
belief that the City of Chula Vista is not yet ready to take on
such a huge annexation and listed major capital improvements that
would be necessary to expand buildings and add parking structures
for additional employees.
Mayor Cox stated the reason this ordinance is before Council is
that those who live in the Bonita area secured enough signatures
to allow this to proceed as a consideration and it is appropriate
to allow them to vote on this.
ORDINANCE OFFERED BY MAYOR COX, the reading of the text was waived
by unanimous consent, passed and approved. (Councilmen Malcolm
and Councilwoman McCandliss voted no.)
19. ORAL COMMUNICATIONS
Sam Nullis, 66 Oxford Street, stated his disagreement with
Council's intent to discuss his claim against the City in closed
session. Mayor Cox explained that Council has not dealt with item
3g which had been pulled from the agenda. It is possible for
Council to either agree or disagree with the staff
recommendation.
PULLED ITEMS
3a. REQUEST TO MODIFY ORDINANCE 2163 TO ADD RENT CONTROL AND
PENALTY MEASURE; CONCERN REGARDING PARK OWNERS ADDING FALSE
SERVICE CHARGES TO UTILITY BILLS H. Duncan, R. C. Flaugher,
Co-Chairmen, Mobile Owners Political Action Committee, 1100
Industrial Blvd. Space I-, Chula Vista 92011
Staff recommended this communication be referred to staff and the
MobileHome Issues Committee for their consideration and response.
Harold Duncan, Co-Chairman of MOPAC, 100 Industrial Boulevard,
Space 1-17, clarified the name of the Committee as "Mobile Owners
Political Action Committee" (MOPAC) representing those who live in
mobilehomes, motorhomes and trailers. Mr. Duncan requested that
Council direct staff and the Mobilehome Issues Committee be given
a time limit of two weeks to bring the report back to Council.
MINUTES - 10 April 19, lg~
R. C. Flaugher, Co-Chairman of MOPAC, disagreed with the staff
recommendation since the park owners are Mobilehome Issues
Committee members, and suggested that Eric Moneypenny, City
Housing Officer, and David Gustafson, Assistant Director of
Community Development, do the staff work since they can be
impartial. Mr. Flaugher further stated he believes there is a
need for enforcement and that the mediation process has failed.
A. Lee Ester, 2257 Front Street, 92101, Attorney for Palms Mobile
Estates, reported his experience with Ordinance 2163 in present
arbitration. The arbitrators arrived at a figure from the
calculations over the years to include a sizeable tax assessment
imposed by the County of San Diego. As an attorney, Mr. Ester
reported the only weak point is that the ordinance lacks "teeth",
but it is structured well and presents very good ideas. No
decision has been reached to date with the Palms Mobile Estates
but it is their intention to abide by the decision of tile
mediators. Speaking to this arbritration, Councilman Malcolm
confirmed that when a long term lease is entered into on property,
San Diego County can reassess the taxes as if there are new
owners. When that same property is being purchased without a
change in ownership that same property changing from long term
lease to ownership - the County reassesses again as "new
ownership. Mr. Estes confirmed he did not file an appeal on this
assessment and Councilman Malcolm expressed the need to confirm
this rationale, and would like staff to contact the County
Assessor and get facts and find out if this "disastrous situation"
can be solved.
Ann Storm, 1481 3rd Avenue, Palms Mobile Estates, spokesperson for
the mediation process and a member of the Mobilehome Issues
Committee, reported that there are five park owners and also five
mobilehome owners on the Committee. Mrs. Storm further reported
that the first mediation meeting was held on April 17 at which
they arrived at an impact.
Councilmembers discussed the process of arbitration, and Assistant
Director of Community Development Gustafson reported that the
mediators have not declared themselves at an impact to date and
the next meeting has been scheduled to continue to try to
establish accord between both sides.
Councilwoman McCandliss referred to previous referrals made to the
Mobilehome Issues Committee and encouraged either Mr. Flaugher or
Mr. Duncan to submit an application for membership.
MOTION
MSC ~McCandliss/Cox) to approve the staff recommendation on the
item and to bring back a report in one month. (Councilman Malcolm
out)
MINUTES 11 - April IV, ~
MOTION
MSC ]'~ader/Cox) would like a staff report within a couple of weeks
outlining what has happened in this particular mediation as of
that time and including amendments Council could adopt to the
ordinance to assure timely resolution in future mediations, and to
be put on the agenda for Council discussion and action.
(Councilmembers McCandliss and Malcolm out)
b. CONCERNS ABOUT OTAY MESA TRANSPORTATION PHASING PLAN AND OTAY
MESA TASK FORCE Bill Robens, Frank Scott, CROSSROADS, 4 East
San Miguel Drive, Chula Vista 92010
Staff recommended that this letter be referred to them for a more
complete informational report to Council outlining in some detail
at what point the Task Force is, what the City of San Diego is
doing, and what steps should be taken to assure that the City's
interests are being adequately protected.
Stanley B. Waid, Sweetwater Valley Civic Association, represented
George Kost of the Association and requested the Association be
included in consideration of any of this development. Mr. Waid
also presented the Association's request to include Alternate "D"
for Route 125 to get some of the traffic east, and establish the
beltway around San Diego to include Routes 67 and 52.
MOTION
MS ~x/Moore) to accept the staff recommendation.
City Manager Goss reported the status of a quarterly report on the
Otay Mesa Development, and Councilmembers discussed the
frustrations encountered with the City of San Diego members by
Councilmem Malcolm and Moore as members of the Policy Committee;
the Technical Committee on the other hand was reported to be doing
well.
City Manager Goss reported on the study and recommendations
accomplished through San Diego Association of Governments which
came out of that. To this point, the City of San Diego has been
acting responsibly following through with information from that
study. Their agreement with the Consultant now has to be studied
by staff and if there is evidence they are not following through,
the City should consider filing a law suit or bring the situation
to everyone's attention.
MOTION WITHDRAWN
Mayor Cox announced that, because of the path the discussion is
now following, and because of a potential conflict of interest by
his $2,000 investment in raw land in the Otay Mesa area that may
or not be impacted. he withdraws his motion and will abstain from
the discussion. IThe Chair was given to Mayor pro tempore Malcolm
and Mayor Cox left the dais.)
Councilmembers continued the discussion with Director of Planning
Krempl providing information regarding trip generation versus the
size of the parcel.
MINUTES
MOTION
MSC (Moore/Malcolm) to accept the staff report and to direct staff
to add one other item to contact the staff liaison for the
Policy Committee to inquire when the Committee will meet. (Mayor
Cox abstained because of a possible conflict of interest.)
At 9:05 p.m., Mayor pro Tempore Malcolm announced a recess, and
Council reconvened at 9:15 p.m.
3f. REQUEST FOR INCREASED POLICE PATROL TO CURB ILLEGAL DRUG
PROBLEM - Antonio Castro, 158 Zenith Avenue, Chula Vista 92011
On April 9 at l:O0 a.m., the Castro family was the victim of a
knife wielding, violent and drug-induced young male who forcefully
entered the home, assaulted the family and destroyed property.
Staff recommended that Mr. and Mrs. Castro's letter be
acknowledged and that they be informed by the Public Safety
Director of those steps that the City has taken in the past to
help mitigate the type of problem that Mr. and Mrs. Castro
experienced.
Councilman Nader stated he agrees with the staff recommendation
but also feels this calls for a response that is much stronger and
comprehensive, and discussed the usefulness to schedule a Council
Conference to get a handle on the present scope of the problem and
where the City is focusing its efforts.
MOTION
MSUC ~Nader/Malcolm) to approve the staff recommendation and to
direct staff to schedule at a convenient time a Council Conference
on the efforts to combat the drug problem in Chula Vista, and to
include the Police Department and as many involved community
groups as possible for the purpose of giving Council a
comprehensive overview of anti-drug efforts in the community and
the discussion of possible further programs to be undertaken by
Council.
39. CLAIM AGAINST THE CITY ALLEGING CITY RESPONSIBILITY FOR
PROPERTY DAMAGES INCURRED WHEN NATURAL DRAINAGE DITCH ADJACENT
TO THEIR PROPERTY OVERFLOWED.- Mr. & Mrs. Sanford Mullis, 66
Oxford Street, Chula Vista 92011.
Councilman Malcolm pulled this item to ask Mr. Mullis if he would
accept, rather than the staff recommendation, a settlement in the
amount of $1200.
Mr. Mullis answered "no" and addressed his claim being discussed
in closed session to which he objected, adding he is not receiving
"fair and impartial treatment" as promised by Council previously.
MINUTES - 13 April l~, i~
Mayor Cox explained the procedure of processing claims against the
City and, in particular, Mr. Mullis' claim in the amount of
$5,196.97. (At this point, Mr. Mullis left the Council Chamber;
the Mayor continued for the record.) Staff recommended that the
claim of Mr. and Mrs. Mullis be denied as recommended by the
City's Claims Adjustors. Council now has the opportunity to do
one of three things to deny, which would afford Mr. Mullis the
opportunity to file legal action against the City; to accept a
lower adjusted claims amount, and something agreeable to both Mr.
Mullis and the City of Chula Vista; or to accept the claim as
presented by Mr. Mullis. The action of Council to accept the
staff recommendation will allow the Statute of Limitations to
initiate for 6 months, in which time Mr. Mullis can proceed with
legal action against the City.
MOTION
~Candliss/Nader) that the item be continued for one week and
that Council be provided with an itemized list for the claim
amount.
SUBSTITUTE MOTION
MS (Moore/Malcolm) to approve that staff members and the property
owners and one member of Council meet to mediate this claim.
ADDITION TO THE SUBSTITUTE MOTION
MS (Malcolm/Moore) to include that Councilwoman McCandliss be
included in the mediation process.
Councilmembers discussed the intent of the motion that the
mediators are authorized to handle the negotiation of claims,
clarified by City Attorney Harron that City policy states that
staff is authorized to handle any amount under $5,000.00.
VOTE ON THE SUBSTITUTE MOTION AND ADDITION TO THE SUBSTITUTE MOTION
Motion carried. All voting aye.
Councilman Nader discussed the injuries to third parties in the
drainage ditch and Mr. Mullis' questions as to potential liability
on his part.
MOTION
MSUC (Nader/Cox) to approve that staff prepare a brief letter
explaining the contours of the law of comparative negligence in
layman's terms to be directed to Mr. Mullis.
6. RESOLUTION 13529 APPROVING AN AGREEMENT WITH NORDQUIST &
ASSOCIATES FOR LANDSCAPE ARCHITECTURE
SERVICES FOR ROHR/SWEETWATER PARK
(Director of Parks & Recreation)
MINUTES - 14 Apr~ |~, 19~
Requests for Proposals to provide Consultants Services for the
Preparation of Construction Documents for Phase I, II and III were
advertised and a total of twelve (12) firms submitted proposals
for consideration. The fee proposal of 5221,900 submitted by the
number one firm, Wimmer Yamada & Associates, was considerably
higher than the other two firms. A negotiation meeting was held
to determine if they could refine their fee proposal. After
reevaluating their fees, the Department was notified by Mr. Joseph
Yamada that their fee could not be reduced. Subsequently, fee
negotiations were undertaken with Nordquist and Associates. The
final negotiated fee of $143,250 is competitive and represents
approximately 7.6% of the estimated construction cost of Phase I,
II and III.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
12a. ORDINANCE 2265 AMENDING SECTION 1.20.020 ADDING CHAPTER
9.11, AMENDING SECTIONS 9.12.010, 9.12.020
AND REPEALING SECTIONS 9.12.030 AND
9.12.040 RELATING TO GAMBLING AND
REGULATION OF OPERATION OF FRATERNAL
SOCIETY GAMEROOMS FIRST READING
(Director of Public Safety)
b. RESOLUTION 13530 AMENDING THE MASTER FEE SCHEDULE TO
INCLUDE A LICENSE FEE FOR FRATERNAL
BENEFIT SOCIETY GAMEROOMS
Mayor Cox abstained from this item because of his membership in
the Elks Lodge which may constitute a conflict of interest.
This new ordinance will allow Fraternal Benefit Societies, as
defined by the Revenue and Taxation Code, to obtain a license to
play some card games in their facility, under very specific
guidelines. The Police Department has reviewed this request, met
with the representatives of the Elks, and then developed an
alternative which will satisfy the Elks request and the concerns
of the Police Department.
Councilwoman McCandliss questioned the operating rules and it was
confirmed by Director of Public Safety Winters that the standards
for serving liquor are identical to those imposed on other
cardrooms.
ORDINANCE OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the
text was waived by unanimous consent, passed and approved. (Mayor
Cox abstained because he is a member of the Elks Club.)
RESOLUTION OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of
the text was waived by unanimous consent, passed and approved.
(Mayor Cox abstained because he is a member of the Elks Club.)
MINUTES - 15 April 19, ]98B
MOTION
MSC (McCandliss/Malcolm) that Council be notified of each permit
issued under this Ordinance until further notice. (Mayor Cox
abstained because he is a member of the Elks Club.)
13. REPORT PROPOSAL BY THE VISITOR DEVELOPMENT
COMMITTEE OF THE CHAMBER OF COHMERCE FOR
THE CITY TO PARTICIPATE IN THE SAN DIEGO
UNION'S PASSPORT ADVERTISING SUPPLEMENT
~puty City Manager)
The Chamber of Commerce' Visitor Development Committee has
recommended that the City (1) purchase at least one full page ad
for 53,797.30 and (2) provide editorial copy and photography for
the space accompanying the advertisements that will be generated
in Chula Vista. Staff recommends no expenditure of funds since
other projects are already budgeted to assist the visitor
development effort and also have reservations about the cost
effectiveness of the proposed advertisement. Staff would intend,
however, to provide limited assistance to the Chamber for the
request in (2) above.
Frank M. Roseman, 66 Monebello Street, Chula Vista and a member of
the Visitor Development Committee, disagreed with staff
recommendation and cited the proposed publication as advantageous
to the visitor and the City with a six month shelf life. Rather
than to adopt the staff recommendation, Mr. Roseman urged Council
to take some type of advertisement.
Councilman Malcolm stressed the transient occupancy tax imposed on
visitors at 8%, and the portion of this money that is reinvested
into the community to generate more income. Councilman Malcolm
agreed with Mr. Roseman that Council should take an advertisement
and to track the investment somehow to see if it really works.
MOTION
MS ~lcolm/Nader) provided the City comes up with some type of
"tracking" to see if Council would want to do it again next year,
that the request be approved.
Councilwoman McCandliss questioned the "tracking" done previously
with the post card campaign, to which Public Information
Coordinator Cox responded the result being "fairly satisfied"
without a benchmark, adding it is difficult to track an
advertisement when there is no product to sell.
VOTE ON THE MOTION
Motion failed: (Ayes: Councilmembers Malcolm and Nader; Noes:
Mayor Cox, Councilmembers Moore and McCandliss)
MOTION
MSUC (Cox/Moore) to refer this item to staff to evaluate whether
or not to include in the work program and budget items for next
year.
MINUTES ,u - April 19, 19~8
15. REPORT ON HUMAN SERVICES TASK FORCE {Community
Development Director)
a. RESOLUTION APPOINTING TWELVE MEMBERS TO THE CHULA
VISTA HUMAN SERVICES TASK FORCE
b. RESOLUTION APPROVING AN AGREEMENT WITH TOM PACKARD,
D.S.W. FOR CONSULTING SERVICES TO ASSIST
THE CHULA VISTA HUMAN SERVICES TASK FORCE
The City issued a Request for Proposals to ten potential
consultants and received two proposals. The committee interviewed
the candidates and has selected Tom Packard, D.S.W as the
recommended consultant candidate. A contract with Dr. Packard has
been prepared and the twelve organizations recommended to be
represented on the Task Force are the following:
1 California Employment Development Department
2. Chula Vista City Council {ex officio)
3 Chula Vista Elementary School District
4. Chula Vista Welfare Council
5 San Diego County Department of Health Services
6. San Diego County Department of Social Services
7 Senior citizen advocate
8. Social Security Administration
9 South Bay Directors' Council
lO. South Bay Ecumenical Council
ll Sweetwater Union High School District
12. United Way of San Diego County
It is expected that the Task Force will solicit the participation
and support of many other human service agencies serving Chula
Vista. The Task Force is to be an independent body that has no
formal advisory capacity to the City or any other organizations.
The City will assist the organization by providing a consultant
for up to six months with the group expected to become
self-sufficient following that period.
Councilman Moore questioned the "independence" of this Task Force
and Assistant Director of Community Director Gustafson described
their role to serve the residents of Chula Vista.
MOTION
MSUC (Moore/Cox) to continue this item for one week and for staff
to come back with various options on the wording of the purpose
for this particular Task Force.
20. REPORT OF THE CITY MANAGER
a. Scheduling Council meetings - Senior Management Assistant
Woods prepared an outline with various potential dates.
MSUC (Moore/Nader) to adopt Alternate A with the modification
that on Thursday, June 9, the time should start at 5 p.m.
MINUTES - 17 April i~, ~u~
City Manager Goss corrected the meeting date for the SANDAG
Regional Growth Management from May 5 to May 12 with the General
Plan Update; and the McMillin/Otay Lakes Road Project will be
presented at a future workshop.
21. MAYOR'S REPORT
a. Designation of Chairperson Charter Review Committee
MOTION
MSUC (Cox/McCandliss) to designate Bob Campbell to serve as
Chairman of the Charter Review Committee.
22. COUNCIL COMMENTS
COUNCILWOMAN McCANDLISS:
a. Renaming of Apache Drive in Navy Housing project off Telegraph
Canyon Road Telephone call was received too late to get on the
Agenda relative to the subject. A street in Charter Point is
called Apache Drive and it is confusing; to have that name
continued to another subdivision. It is timely to request the
renaming of the street before any residents are in the area.
MOTION
PFS'OlF'TMcCandliss/Moore) to place this item on the Agenda.
MOTION
)~FS1]'C'[McCandliss/Cox) that this this item be referred to staff to
begin negotiations with the Navy to change the name of the street
(Apache Drive) entering the Navy Housing project.
COUNCILMAN MOORE:
b. Committee Minutes are submitted to the Clerk for submission to
Council within ten working days and this should be requested from
the Mobilehome Issues Committee. He suggested staff make contact
with the Committee to see if they would be acceptable to this.
COUNCILMAN MALCOLM:
c. AB 4499 be docketed for action (to oppose) on the Agenda for
the meeting of April 26.
d. Zoning Enforcement Officer should check the area across the
street from the Brentwood Mobilehome Park where large trucks are
being parked. If legal or illegal, action is needed to clean up
the area.
e. People from EastLake will be coming to Council next week to
request Council's support of a recommendation to the School Board
for an option to buy out of the Mello-Roos.
MINUTES - 18 April i~, I~
Mayor Cox stated his preference for the City to have a policy
statement for people who reside within Mello-Roos districts to
be given the opportunity to pay those fees off at the time the
district is created at the time they purchase their home, per
the law.
MOTION
MSU"~'O'C'~Cox/Moore) to refer this item to staff to prepare a policy
statement for Council's consideration next week on the consent
calendar.
f. Emergency ordinance binding arbitration for mobilehome parks
Councilman Malcolm referred to the earlier discussion on this
agenda and his perception that the process was unorganized. He
stated it is apparent the mediation might not work in this
instance and work on a binding arbitration should start now.
MOTION
MSU'~Malcolm/ to refer this particular item to the Mobilehome
Issues Committee, to staff, to the Commission on Aging, and any
other appropriation commission to come back within two weeks with
a recommendation on binding arbitration for mobilehome parks.
Councilman Nader stated his understanding of the motion to
state that Council is requiring a draft urgency arbitration
ordinance, that it be available and ready to go within a two
week maximum period, but allowing four weeks for committee
input if Council does not adopt the emergency ordinance.
Mary Frances Click, llO0 Industrial Boulevard, reminded Council of
direction given to staff to come back on May 3 with information.
The Mobilehome Issues Committee will not meet until May 19 because
park owners and residents will be at a convention. Mrs. Click
further stated her personal opinion that there needs to be one
professional arbitrator for mediation process.
VOTE ON THE MOTION
Motion carried; all voting aye.
MOTION
MSUC (Cox/Moore) to recess at 10:37 p.m., to meet in closed
session to continue the discussion of property acquisition
(Hermosa & Orange Avenue Muneo and Mamie Torimaru, 1427 Hermosa
Avenue 92011). (Councilman Malcolm out)
ADJOURNMENT AT 10:52 p.m. to the regular meeting of April 26, 1988
at 7 p.m. in the Council Chamber.
Jennie M. Fulasz, CMC
CITY CLERK
Jean Fortune, CMC
DEPUTY CITY CLERK
1211C