HomeMy WebLinkAboutcc min 1989/10/03 MINUTES OF A REGULAR MEETING OF
THE CITY COUNCIL OF CHULA VISTA
Tuesday, October 3, 1989 Council Chamber
4:00 p.m. Public Services Building
Regular Meeting
CALL TO ORDER
1. ROLL CALL: Councilmembers Malcolm X , McCandliss A , Moore X
Nader X , Mayor Cox"'){'
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: None.
4. SPECIAL ORDERS OF THE DAY: None,
CONSENT CALENDAR Pulled: 5b, lO
COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CALENDAR, the reading of
the text was waived, passed and approved 3-0-2-0 (Councilman Nader and
Councilwoman McCandliss out).
Councilman Nader arrived at 4:10 p.m.
5. WRITTEN COMMUNICATIONS
a. Resignations of Jason T. Cochran and Erik R. Soto from Youth Commission
Council accepted the resignations with regret and directed that a letter of
appreciation be sent.
b. Request to redress Ordinance 2267 and allow for more pets at 561 Del Mar
Avenue - Elizabeth Stevens, 561 Del Mar Avenue, Chula Vista
Pulled from Consent Calendar.
7. RESOLUTION 15324 ACCEPTING BIDS AND AWARDING CONTRACT FOR INSTALLATION
OF SIDEWALKS NEAR SCHOOLS IN THE CITY OF CHULA VISTA,
CALIFORNIA
Funds for this project were budgeted in Fiscal Year 1989-90. The work
includes the removal of some existing improvements, construction of sidewalks,
sidewalk ramps, driveways, and other miscellaneous work. Council awarded the
contract to Caves Construction (low bidder) in the amount of $17,333.
(Director of Public Works)
Minutes - 2 - October 3, 1989
8. ORDINANCE 2335 GRANTING TO EDCO DISPOSAL CORPORATION, ITS SUCCESSORS/~/7~
AND ASSIGNS, A FRANCHISE TO COLLECT AND DISPOSE OF
REFUSE AND TO USE THE PUBLIC STREETS AND PLACES WITHIN
THE CITY OF CHULA VISTA FOR SAID PURPOSES (second
reading and adoption)
The adoption of this ordinance is the final step in the resolution of a
dispute between EDCO and the City about the ability of the School District to
award a competitively bid contract for trash collection services and to not
use the services of the City's exclusive franchise operator. All parties have
agreed to the terms of the franchise. (City Attorney)
9. ORDINANCE 2334 AMENDING SECTIONS 2,52.040, 2.52.050 AND 2.52.060 AND
ADDING SECTIONS 2.52.105, AND 2.52.165 TO THE CHULA
VISTA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION
PROHIBITION, DISQUALIFICATION AND DISCLOSURE (second
reading and adoption)
The ordinance amends certain sections of the Municipal code relating to
campaign contribution disqualification and disclosure. (City Attorney)
10. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING A
NEW CHAPTER 8.36 RELATING TO THE REGULATION OF THE
STORAGE AND DISPOSAL OF MEDICAL WASTES (first reading)
Pulled from Consent Calendar.
ll. INTERIM
ORDINANCE 2336 EXTENDING AN INTERIM ORDINANCE ESTABLISHING A
DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC
FACILITIES WITHIN THE CITY OF CHULA VISTA
The regular ordinance will take effect 67 days after its first reading. State
law requires that the interim ordinance only be in effect for 30 days, and ma~v
be extended twice so that there is no gap between the interim ordinance and
the effect of the regular ordinance (adopted August 8, 1989). Since the
interim ordinance was extended once on September 5, 1989 and will expire on
October 5, 1989, it is necessary to extend the ordinance at this meeting
should Council wish the urgency ordinance to remain in effect, (Budget
Officer)
This item was trailed pending Councilman Nader's arrival since a 4/5th vote
was needed.
ORDINANCE OFFERED BY MAYOR COX, the reading of the text was waived, passed and
approved 4-0-1-0 (Councilwoman McCandliss absent).
12. REPORT INTERNATIONAL JOINT VENTURE WITH THE PEOPLE'S REPUBLIC OF
CHINA
This is in response to a letter from Mr. David Knight, Chairman of the
Sweetwater Union High School District's Joint Venture Steering Committee,
concerning possible City involvement on the Committee with the Peoples
Republic of China. Since the initial letter, the Committee has been disbanded
and the school district's relationship with the Chinese city has been reduced
to letter writing between teachers. Mr. Knight sees no role for the City at
this point. (Director of Parks & R~creation)
Minutes - 3 - October 3, 1989
13. REPORT REGARDING REQUEST BY HOME DEPOT, INC. FOR ASSIGNMENT OF
54,400,000 IN ORIGINAL PRINCIPAL AMOUNT OF CHULA VISTA
VARIABLE RATE DEMAND CHARTER CITY REVENUE BONDS, SERIES 1985
The City Council considered a request by Home Depot to approve the transfer
and assignment of the Chula Vista Variable Rate Demand Bonds that were issued
in 1985 on behalf of Home Depot. The Council voted to approve the proposed
assignment with the stipulation that Home Depot pay an assignment fee of
$22,000 (1/2 of 1%). Home Depot has indicated that they have decided to
proceed with their nationwide corporate reorganization and other assignments
without the partici ation of the City because of the fee being charged.
(Director of Finance~
Director of Finance Christoper noted that Home Depot, in further communication
with the City, was agreeable to paying an assignment fee of $5,500 to be paid
to the City. Council agreed with staff's recommendation that this was a
reasonable compromise.
14. REPORT REQUEST TO CONDUCT BIKE RIDE
The Bayfront Conservancy Trust and the Chula Vista Nature Interpretive Center
are requesting permission to conduct a bike ride, "Wheel the Wetlands" through
the City on Sunday, October 22, 1989. Council approved the request subject
to certain conditions. (Executive Director, Bayfront Conservancy Trust)
15. REPORT ON AN INCREASE IN THE SEWERAGE FACILITY PARTICIPATION FEE
AND SETTING A PUBLIC HEARING
At the budget meeting of June 7, 1989, Council expressed concern over the fact
that Chula Vista's Sewerage Participation Fee was significantly lower than
other area agencies sewer connection fees and directed staff to review the
charge and return with a recommendation on whether the fee should be increased
in order to begin accumulating funds to finance the conversion of the existing
sewage treatment plant from advance primary to secondary. It is recommended
that Council set October 17, 1989, as the date for a public hearing on
establishing an interim Sewerage Facility Participation Fee of $2,000 per
equivalent dwelling unit of flow. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
(No items submitted)
OTHER BUSINESS
16. ORAL COMMUNICATIONS - None.
Minutes - 4 - October 3, 1989
17. ITEMS PULLED FROM THE CONSENT CALENDAR
5b. Request to redress Ordinance 2267 and allow for more pets at 561 Del Mar
Avenue - Elizabeth Stevens, 561 Del Mar Avenue, Chula Vista
This is a petition filed by residents living on Del Mar Avenue seeking an
exception to the animal control ordinance which limits the number of pets a
household may maintain on their property. Mrs. Elizabeth Stevens, living at
561 Del mar Avenue, has admitted to animal control personnel of having at
least ten cats at her address, while other individuals living in the area
indicate that, at times, she has had as many as 20 cats. Animal Control has
received various complaints, and Mrs. Stevens has committed to conform to
ordinance requirements. To date, those commitments have no been met. It was
recommended that no consideration be given to allowing an exception to the
ordinance and that whatever action was required to correct the situation be
directed by Council.
Mr. Bill Scarborough, 566 Del Mar, Chula Vista asked Council to reconsider
staff recommendation. He noted that Mrs. Stevens was quite elderly and
removing her animals could prove to be emotionally unhealthy for her. Mr.
Scarborough also noted that she only had eight cats and they did not bother
any of the neighbors.
Councilman Malcolm noted that this problem cannot be selectively enforced in
Chula Vista. There have been complaints made against Mrs. Stevens and Council
should accept staff's recommendation.
MOTION
(Malcolm/Cox) to accept the staff recommendation.
Councilman Moore requested to include in Councilman Malcolm's motion that a
City employee (that was not connected to Animal Control) work with Mr.
Scarborough and the neighbors on this issue. Councilman Malcolm agreed to the
inclusion.
VOTE ON MOTION
The motion carried 4-0-1-0 (Councilwoman McCandliss absent).
lO. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING A
NEW CHAPTER 8.36 RELATING TO THE REGULATION OF THE
STORAGE AND DISPOSAL OF MEDICAL WASTES (first reading)
This ordinance will regulate small generators of hazardous waste (those
producing 220 pounds or less of such waste per month). Generators would
include veterinarians, dentists and physicians. Large generators are
presently regulated by Title 22, California Code of Regulations. (Director
of Public Safety)
Vernon A. Fry, 345 F Street, Dentist, addressed Council as to his concerns
that the wording of the ordinance was unclear. In regards to the definition
of biohazardous and medical solid waste interpretation in the ordinance; this
is left up to the regulators (County) who can, at any time base the new
ordinance on any approach they wish to take.
Minutes - 5 - October 3, 1989
Councilman Malcolm stated that the problem was not enforcement, but the
latitude of the ordinance. He noted he had met with County representatives on
this issue. The fees are unfair ($109 regardless of the size of the office)
and there needs to be some sort of an equitable plan brought forward at a
later date. The most important part of the ordinance is that the disposal of
wastes such as sharps be disposed of properly. He noted that the City needs
to assure our businessmen that the fees will be equitable and the County will
not be able to change their definitions without coming back to Council.
Mr. Dan Avera, Chief Environmental Health Services, and John Misleh, County
Representative responded that they have agreed to look at the fee structure
and will be collecting data to adjust the fees accordingly. Any changes in
definitions in the ordinance would have to go back to Council. They noted the
exhibit handed out by Dr. Frye was part of the County ordinance.
City Attorney Harron suggested incorporating the exhibit as part of the City's
ordinance.
MOTION
ll~'~F/Cox) directed staff to amend the ordinance to include Exhibit "A" by
way of puidelines for interpretation. The motion passed 4-0-1-0 (Councilwoman
McCandllss absent}.
ORDINANCE, AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was
waived, passed and approved 4-0-1-0 (Councilwoman McCandliss absent).
18. CITY MANAGER'S REPORT(S)
City Manager Goss noted the following:
a. Introduced Melody Kessler, the new Assistant Personnel Director.
b. There will be a Redevelopment Agency meeting Thursday, October 5, at
7:00; the meeting for October 24 has been cancelled due to the League of
California Cities meeting.
c. He had just returned from the International City Management Conference
in Des Moines and shared with a growth management panel what Chula Vista
was doing as ~Ar as growth management. He received many requests for
information to learn more about growth management in Chula Vista.
He also noted that he met an attorney in Des Moines who is also
president of the U.S. Olympic Committee. Mr. Goss had an opportunity to
discuss with him the efforts being made to secure the Olympic Training
Center here in Chula Vista.
d. Regarding a complaint that was raised at the meeting with the school
district last night, staff will be pursuing this further to resolve the
issue. He noted there is a water blaster available in the City to
remove graffiti from masonry walls.
Minutes - 7 - October 3, 1989
Councilman Malcolm:
a. Rent reduction possibilities in mobilehome parks
Councilman Malcolm noted that there is rent reduction possible for mobilehome
parks in that property owners and senior citizens who have problems in making
their tax payments can defer their taxes until after they die. The Assessor
then takes the taxes that are due and payable; receiving payment from the
heirs. He thought it was a good concept to check into this type of program in
areas here.
MSC (Malcolm/Nader) referred to the Commission on Aging and Mobilehome Issue
Committee for study and feasibility to see if there should be a recommendation
to state legislators to sponsor a bill that would allow park owners and
tenants to put off those increases to a later date. The motion passed 4-0-1-0
(Councilwoman McCandliss absent).
b. Councilman Malcolm noted his disappointment with the members of Council
who did not show up for the meeting yesterday but had insisted that the
meeting be moved from 4:00 to 5:30 p.m. Councilman Nader apologized
for showing up late and noted he had a conflict on that day; two
meetings had been scheduled at the same time by mistake.
The City Council adjourned to Closed Session at 4:50 p.m. to discuss
acquisition of the following properties: East H Street - Paseo Del Rey and
Tierra Del Rey; Health Center , 263 Fig Avenue (City of Chula Vista, owner,
County of San Diego, Lessee); potential litigation; pending litigation:
County of San Diego v. Rabin; instructions to negotiators in connection with
executive and middle management compensation pursuant to government Code
Section 64956.6
ADJOURNMENT AT 5:38 to the special meeting (Closed Session) on October 5, 1989
after the Redevelopment Agency meeting at 7:00 p.m. and to the regular meeting
of October lO, 1989 at 6:00 p.m. in the Council Chamber.
Respectful ly submitted
~ BEVERLY A A EL , CMC, CITY CLERK
by:
Alicia Kemp, Acting Deputy
1655C