Loading...
HomeMy WebLinkAboutcc min 1986/11/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Wednesday, November 12, 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers McCandliss, Moore MEMBERS ABSENT: Councilman Malcolm, Councilman Campbell STAFF PRESENT: City Manager Goss, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of October 30 and November 4, 1986. Councilwoman McCandliss referred to the minutes of October 30, page 3 referring to a "collusion of interest". She noted this must be a typographical error and asked that it be deleted. MSUC (Mccandliss/Cox) to approve the minutes as corrected. 2. SPECIAL ORDERS OF THE DAY a. Resolutions commending Commissioners on their respective boards or commissions will be presented during the 15th Annual Board/Commission/Committee Banquet on November 20, 1986. RESOLUTION 12809 COMMENDING QUENTIN STOKES FOR HIS SERVICE ON THE SAFETY COMMISSION RESOLUTION 12810 COMMENDING ROY WINCHELL FOR HIS SERVICE ON THE BOARD OF APPEALS RESOLUTION 12811 COMMENDING THOMAS STILLE FOR HIS SERVICE. ON THE HUMAN RELATIONS COMMISSION RESOLUTION 12812 COMMENDING JUNE BRINES FOR HER SERVICE ON THE INTERNATIONAL FRIENDSHIP COMMISSION RESOLUTION 12813 COMMENDING JULITA DAVID FOR HER SERVICE ON THE INTERNATIONAL FRI~]~SHIP COMMISSION Minutes - 2 - November 12, 1986 RESOLUTION 12814 COM~IENDING THOMAS PASQUA, JR., FOR HIS EXCELLENT SERVICE ON THE BOARD OF ETHICS RESOLUTION 12815 COMMENDING LOIS RICHARDS FOR HER EXCELLE~]T SERVICE ON THE BOARD OF ETHICS RESOLUTION 12816 COMMENDING CLIFFORD ROLAND FOR HIS EXCELLENT SERVICE ON THE BOARD OF ETHICS RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts was waived by unanimous consent, passed and approved unanimously. CONSENT CALENDAR (3a - 9) Items pulled: 3a, 3b, 3d, 3e, 9 ~4ayor Cox noted that items 5, 6a and 6b require 4/5th vote of the City Council, therefore; the items will have to be continued to the meeting of November 18, 1986. MSUC (Cox/McCandliss) to approve the ConsepaL '~a!endar. 3. WRITTEN COMMUNICATIONS a. CONCERNS REGARDING CURRENT PORNOGRAPHY LA~S REGARDING "F" STREET BOOK STORE - Dorothy DeGour, Chairperson, Social Concerns Committee, St. Mark's Lutheran Church, 580 ~illtop Drive, Chula Vista 29010 Pulled from Consent Calendar. b. REQUEST FOR LANDSCAPING ON THIRD AVENUE BETWEEN MOSS AND "L" STREETS - Jack Morgan, 1074 Karen Way, Chula Vista, 92011 Pulled from Consent Calendar c. REQUEST FOR ~IVER OF FEES - Sally E. Stork, Chairperson, Tiffany Elementary School PTA, 1691 Elmhurst Street, Chula Vista 92010 Since the Tiffany PTA is a non-profit organization and the proceeds from the crafts fair and other activities will be used for programs benefitting children, the City Manager recommended that the license fee be waived. MSUC (Cox/McCandliss) to waive the fees. d. REQUEST FOR FUNDS FOR SECOND ANNUAL ~U~H SAN DIEGO BAY CHRISTMAS PARADE OF LIGHTS - Sarah Atkinson, Vice President/Operations, Chula Vista Marina, 550 Tidelands Avenue, Chula Vista, CA 92010 Pulled from Consent Calendar. Minutes - 3 - November 12, 1986 e. REQUEST FOR SPEED CONTROL ON EAST "H" & AUBURN STREETS - L. H. Sanchez, 1639 East "H" Street, Chula Vista, CA 92010 and Judi Swift, 801 Auburn Avenue, Chula Vista, CA 92010 Pulled from Consent Calendar. 4. RESOLUTION 12817 AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS PURSUANT TO THE CALIFORNIA CAREER CRIMINAL APPREHENSION PROGRAM (C-CAP) (Director of Public Safety) In the management review of the Police Department, the PAPE Unit recommended the establishment of a Crime Analysis Unit. The City Manager's 1986-87 budget message indicated the staff would be seeking a Career Criminal Apprehension Program (CCAP) grant from the State Office of Criminal Justice. A typical first year grant could be approximately ~170,000 and would require City matching funds of 10% (~17,000) and this amount is in the 1986-87 Police Department Budget. The grant period is usually 36 to 42 months and is divided into three implementation time lines. Phase I involves a long range planning period of approximately six months. The Crime Analysis Unit is developed in Phase II over a 12 month period. Finally, in Phase III, Crime Analysis is integrated into both patrol and investigative operation over an 18 month period. 5. RESOLUTION APPROPRIATING FUNDS TO COMPENSATE SHORN/KIMINSKI ARCHITECTS FOR EXTRA SERVICES FOR THE CRIME/PHOTO LAB PROJECT (Director of Public S~ty) MSUC (Cox/McCandliss) to continue this item to the meeting of November 18, 1986. 6a. RESOLUTION APPROVING A CONTRACT WITH ENGINEERING SCIENCE, INC., FOR PUBLIC FACILITIES STUDIES IN CONJUNCTION WITH THE CHULA VISTA GENERAL PLAN AMENDMENT (Director of Public Works/City Engineer) b. RESOLUTION APPROVING A CONTRACT WITH JHK & ASSOCIATES FOR DEVELOPMENT OF THE CIRCULATION ELEMENT FOR THE CHULA VISTA GENZRAL PLAN AMENDMENT (Director of Public Works/City Engineer) MSUC (Cox/McCandliss) to continue this item to the meeting of November 18, 1986. Minutes - 4 - November 12, 1986 7. REPORT ON REQUIRED AMENDMENT TO THE CITY'S PERS CONTRACT TO PROVIDE FOR THE MERGER OF THE MONTGOMERY FIRE PROTECTION DISTRICT'S RETIREMENT CONTRACT WI~H THAT OF THE CITY (Assistant City Manager) a. RESOLUTION 12818 OF INTENTION TO ADOPT ORDINANCE AMENDING THE CITY'S CONTRACT WITH PERS b. ORDINANCE 2174 AUTHORIZING AMENDMENT TO CITY'S CONTRACT WITH PERS - FIRST READING On January 1, 1986, the employees of the ~4ontgomery Fire Protection DistriCt became employees of the City of Chula Vista. It was the intent of the City and the Board of Directors of the Montgomery Fire Protection District, upon annexation, to provide for a merger of the contract between the Montgomery Fire Protection District and the Public Employees REtirement System with the City's contract. In order to accomplish the merger, certain steps must be taken by the City. The first step in that procedure is to adopt a resolution of intent giving notice of the proposed amendment and a summary of the changes that are to occur. The first 12 months savings in retirement costs for the City will be approximately $52,580 as a result of the merger amendment. 8. ORDINANCE 2173 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $300 MILLION CITY OF CHULA VISTA, CALIFORNIA, PUBLIC SAFETY COMMUNICATION CENTER PROGRAM FUNDING BONDS, AUTHORIZING THE SALE OF NOT TO EX~ED TWELVE SERIES OF BONDS, APPROVING FORM OF INDENTURE AND SERIES SUPPLEMENT, APPROVING FORM OF OFFICIAL STATEMENT RELATING TO SERIES OF BONDS, AND AUTHORIZING OFFICIAL ACTION SECOND READING & ADOPTION (Director of Finance) At its meeting of November 4, 1986, the City Council approved the concept of doing a taxable bond issue and placed the Ordinance on First Reading with amendments. The Ordinance authorizes the City to proceed with the issuance of taxable revenue bonds based on the following conditions: 1. That issue size be a minimum Of $50 million; 2. That the City realize a minimize net revenue amount of 0.5% on the bond issue ($250,000 on a $50 million issue); and 3. Acceptable to both the Director of Finance and the City Manager. Minutes - 5 - November 12, 1986 9. ORDINANCZ AMENDING CHAPTER 9.12 OF THE CHULA VISTA MUNICIPAL CODE REGULATING BINGO OPERATIONS WITHIN THE CITY OF CHULA VISTA FIRST READING (Director of Public Safety) Pulled from Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING CONSIDERATION OF A ZONING STUDY OF A 37-ACRE AREA SURROUNDING MINOT AVENUE AND LAS FLORES DRIVE AND RECOMMENDATIONS FOR REZONING ALL OR PORTIONS OF THE AREA FROM R-2 TO R-1 (Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. Mayor Cox noted there are. only three Councilmembers present this evening. Councilman Campbell is out with recent surgery and Councilman Malcolm is attending a California Coastal Commission meeting. If one of the Councilmembers decides against the proposed rezoning on the public hearing, it will not pass since a quorum is needed for approval. He suggested the public hearing be continued to the meeting of December 9 at 7 p.m. Miss Phyllis Norris showed a barrier which she said was on loan from the manufacturer and is approved by CalTrans. She asked Council to consider the installation of this barrier at the continued public hearing. MSUC (Cox/McCandliss) to continue the public hearing to December 2 and set it for a time certain at 5:30 p.m. SUBSTITUTE MOTION MSUC (McCandliss/Cox) to reconsider the prior action. NEW MOTION MSUC (McCandliss/Moore) to continue the public hearing to December 2 at 6:30 p.m. The Council considered comments from residents in the audience indicating the difficulties they would have in attending a meeting prior to 7 p.m. Minutes - 6 - November 12, 1986 SUBSTITUTE MOTION MSUC (Cox/McCandliss) to continue the public hearing to the next meeting, November 18 at 7 p.m. and to place it as the first public hearing item on the agenda. 11. ORAL COMMUNICATIONS a. Mr. Bob Flaugher, 1100 Industrial Blvd., Chula Vista, questioned the Mayor as to whether or not, to the best of his knowledge, any mobilehome parks in the City will be forced to close due to the rent control measure. Mayor Cox answered that he doesn't kaow o~ any at this time; he has not met personally with any o~ the park owners to find out what they will or will not do if the initiative passes. b. Bess Pocklington, 656 Glover Avenue, Chula Vista, referred to newspaper articles regarding moving traffic from Lindberg Field to Brown Air Field. She asked that the Council take a strong position on this. Mayor Cox explained the concerns of the Council and the letters which were written to the City of San Diego regarding the development on Otay Mesa: 3,600 acres of industrial land; the International Speedway; the prison, county jail and Airspace America which would conflict with the operation of Brown Field. Mrs. Pocklington then stated that during the last election, she walked many precincts. In walking the areas on the west side of Chula Vista, she noted the vast amount of slum and unsanitary conditions in those areas. She suggested the City hire a health officer to monitor these conditions. Mayor Cox stated that the City will be going on a tour on December 6 and the western area will be scheduled for that tour. Councilwoman McCandliss noted several agencies which Mrs. Pocklington could call to report these co~ditions. PULLED ITEMS 3. ~eITTEN COMMUNICATIONS a. CONCERNS REGARDING CURRENT PORNOGRAPHY LAWS REGARDING "Fw STREET BOOK STORE - Dorothy DeGour, Chairperson, Social Concerns Committee, St. Mark's Lutheran Church, 580 Hilltop Drive, Chula Vista 29010 · 1 T Minutes 7 November 12, 1986 The City Manager recommended that this letter regarding the "F" Street Book Store be referred to the City Attorney for response. In answer to Councilwoman McCandliss query, City Attorney Harron stated that the City initiated the procedure for the abatement of the "F" Street Book Store. However, 2 weeks ago, they were informed that the owner has changed his inventory so that it does not constitute an adult use. The new Assistant City Attorney will be checking on this to see whether or not it is in compliance with the City Code. MSUC (McCandliss/Cox) to approve staff recommendation. b. REQUEST FOR LANDSCAPING ON THIRD AVENUE BETWEEN MOSS AND "L" STREETS Jack Morgan, 1074 Karen Way, Chula Vista, 92011 The City Manager recommended that this communication be acknowledged and referred to the San Diego Country Club. Councilman Moore remarked that over 5 years ago, the Council was successful in getting the County to put in sidewalks; however, the banks were not contained causing somewhat of a liability. Councilman Moore commented on the bamboo growing on both the north and south side of "L" Street (along the basin) suggesting it would be better for staff to remove this particular shrubbery. City Manager Goss stated staff is checking on this and he will report back to Council. MSUC (Moore/McCandliss) to approve staff recommendation. d. REQUEST FOR FUNDS FOR SECOND ANNUAL SOUTH SAN DIEGO BAY CHRISTMAS PARADE OF LIGHTS Sarah Atkinson, Vice President/Operations, Chula Vista Marina, 550 Tidelands Avenue, Chula Vista, CA 92010 Regarding additional marketing support for the Second Annual Parade of Lights, the City Manager recommended the City Council commit to paying for half of this marketing effort, to a maximum of $4,000. Sara Atkinson, 405 Glenmont Drive, San Diego, representing the Chula Vista Marina, answered Council's questions and stated there will be no entry fee; showed the new logo of which patches will be made and given to each of the boat owners in the parade. Minutes - 8 - November 12, 1986 Mr. Bruce Gordon, also representing the Chula Vista Marina, said funds have been provided by the Shelter Island Association and Harbor Island Association for the City of San Diego Christmas Parade of Lights, plus matching funds from the Unified Port District. Councilwoman McCandliss suggested that since the Unified Port District supports this type Of activity in that area perhaps it would be appropriate to invite them to match this City's funds. Mrs. Atkinson felt it would be premature to ask the Port District to sponsor the parade this year but they would plan to do so next year. MSUC (Moore/McCandliss) to approve staff recommendation, but that the dollars go to "hard costs" such as printing and advertising. Included in the motion is to take the money out of the City Council Contingency Fund. e. REQUEST FOR SPEED CONTROL ON EAST "H" & AUBURN STREETS - L. Sanchez, 1639 East "H" Street, Chula Vista, CA 92010 and Judi Swift, 801 Auburn Avenue, Chula Vista, CA 92010 The City Manager recommended that this request for stop signs or other speed control devices be referred to staff for evaluation and report. Councilwoman McCandliss noted that this has been brought to the Council at least 2 or 3 times and the residents are quite concerned with it. She felt the City needs to take a short and long-term solution to the problem and suggested perhaps a crossing guard would be appropriate at this intersection. MSUC (McCandliss/Cox) to accept staff's recommendation but to include a referral report to come back to the Council in 2 weeks with an analysis of whether a crossing guard would be effective at that intersection. 9. ORDINANCE 2175 AMENDING CHAPTER 9.12 OF THE CHULA VISTA MUNICIPAL CODE REGULATING BINGO OPERATIONS WITHIN THE CITY OF CHULA VISTA - FIRST READING (Director of Public Safety) Director of Public Safety Winters reported that the Police Department, with the cooperation of the bingo organizations within the City, formed a Bingo Committee consisting of a representative from the Police Department (Agent Art Gawf) and a designated bingo chairpersoi] from each of the 21 bingo organizations within the City. Minutes - 9 - November 12, 1986 The Committee was formed to organize and coordinate the existing reporting and accounting practices of each bingo organization, to cooperate in an evaluation of the existing Bingo Ordinance and to bring the City Ordinance into conformation with the State law. As proposed, the additions and changes in the Bingo Ordinance will establish actual game operation rules, such as: - No charging admission fee - No reserved seating - Building occupancy capacity - No alcohol on premises - Credit prohibited - Posting of rules and prizes - License Posing - Number calling requirement - ~inner recognition requirements - Accounting and financial reporting requirements - Fund limitations and disbursements - Maintaining a chairperson of record - 30 day and yearly financial re~ort requirements - Charitable contribution requirements Speaking in opposition was Donald Finney, 1260 Lauriston Drive, San Diego, representing the Chula Vista Moose Lodge #1927, stating they have a policy to reserve seating (3 tables) for non-smokers and for handicapped people. City Attorney Harron stated that this particular condition could be spelled out more definitively in the ordinance. Also speaking against was Doris Daniel, 403 Second Avenue, Chula Vista, representing the American Legion Bingo, stating that if the organization gave 10% of its gross profits to charitable organizations as required, they could not run their business. Director of Public Safety Winters explained that this condition was only in compliance with the Revenue and Taxation Code. Mr. Robert Sherwood, representing the Chula Vista Elks Lodge #2011, expressed his concern regarding the seating reservations. also, stating he gets to the Lodge about 1 p.m. to set up for the game which starts at 4 p.m. He reserves a seat for his wife and workers and questioned whether he could continue to do so. He stated there is no alcohol served on Sundays at the Lodge. Mr. Sherwood also asked how the Elks could obtain a bingo license similar to that of the Sunnyside School. Mayor Cox suggested he get together with the Director of Public Safety and go over the conditions of the Bingo laws. Minutes - 10 - November 12, 1986 MSUC (McCandliss/Moore) that Section B be amended to state that there shall not be any reserved seating but exclude smoking and non-smoking sections and sections designated for handicapped. MSUC (Cox/McCandliss) to place the ordinance on First Reading as amended. 12. REPORT OF THE CITY MANAGER a. City Manager Goss reported that the next Council tour of the City will take place on Saturday, December 6. b. Director Of Public Works/City Engineer Lippitt reported on the grant received from the State last year for a computerized method of more efficient timing cycles. He noted the problems which have arisen concerning the implementation of the study. Councilman Moore commented on the works of this particular consultant, noting unless there is major change, the system borders on "pathetic." He has personally "tested" this project he drives and monitors the signalizations every day and has become quite frustrated with the entire program. 13. MAYOR'S REPORT a. Mayor Cox noted there will be a Redevelopment Agency meeting immediately following this Council meeting and there is a need for a Closed Session. MSUC (Cox/McCandliss) to recess to Closed Session after the Redevelopment Agency meeting for purposes of Sierra Club vs. the Marsh - pending litigation. b. Mayor Cox asked the City Clerk to notify newly elected Councilman Nader and Councilman Campbell of the City tour on December 6. c. Mayor Cox reported that Chula Vista played the City of Imperial Beach last Sunday for the softball championship. Imperial Beach won by one run: 14 to 13. d. Mayor Cox commended Councilwoman McCandliss and Councilman Malcolm along with staff for the activities at Memorial Bowl on Veteran's Day including the War Memorial plaque. e. Mayor Cox noted that the Nature Interpretive Center is moving right ahead and is about 70% finished. It will be completed the latter part of January 1987 and plans are to open up on Memorial Day, 1987. Since this will be Chula Vista's first tourist attraction, he suggested CalTrans be contacted to put up signs along the freeway similar to those of Sea World, the San Diego Zoo and Southwestern College. Minutes - 11 - November 12, 1986 MSUC (Cox/Moore) to direct staff to contact CalTrans to see ~hat will be needed to secure that type of signage for the Nature Interpretive Center. 14. COUNCIL COMMENTS a. Councilwoman McCandliss stated that now that the election is over with, she wants to bring up the problem of the large, oversized campaign signs which were erected throughout the City. The code allows a 5 day abatement period before the signs are to come down. She asked if it was legally possible not to have a 5 day abatement period but to notify the candidate to take the signs down the next day. MSUC (McCandliss/Moore) for the sign ordinance to come back to the City Council for review of that particular section (political signs) to be evaluated. City Attorney Harron explained that there have been cases before the State courts whereby cities cannot just go out and take the signs. The candidates must be given an opportunity for a hearing in compliance with the First Amendment rights. b. Councilman Moore asked the City Manager whether or not steps are being taken to correct the house numbering system in the newly annexed Montgomery area. He noticed some areas that have even house numbers on both sides of the street. Director of Public Works/City Engineer Lippitt stated staff has not taken any steps in this direction and it is a low priority item. There are several east and west streets which have this problem since developments on these streets have occurred both in the City and in the County. It would be quite a major undertaking to correct the numbering system. c. Councilman Moore referred to the recent Council action concerning junk vehicles that are being left on the streets and towing companies have to pick them up and dismantle them. Director of Public Safety Winters stated he has received a tickler regarding the problems referred to by Arnold's Garage. He will be reporting on that particular problem and give the Council some options. d. Councilman Moore stated he received a request to have a third Christmas tree in the City - this one at the Chula Vista Marina. The City already has one at the Chula Vista Golf Course and another one at Memorial Park. Minutes 12 - November 12, 1986 Mr. Bruce Gordon, representing the Chula Vista Marina, said the suggestion came about because the Tall Ship Californian now has Chula Vista as its home port. They would like to focus attention to the waterfront and feel the City should go through the expense of planting a living tree in the area. He compared this to the historical tree lit up every Christmas at Balboa Park. Councilman Moore commented that to plant a living tree was the first step but there is also the cost of maintaining the tree and the cost of the decorations and lights to consider. Hr. Gordon volunteered to do more research on this and will report back to Council as to whether or not he can get funding from other sources. Mayor Cox indicated he would contact the Unified Port District regarding whether some of their landscaping funds could be used in this effort. e. Mayor Cox noted that the State legislators will be meeting in session in Sacramento in January. He asked staff to recommend any issues the City may want the legislators (Senator Deddeh and Assemblyman Peace) to bring up at the next session. City Manager Goss stated he has already distributed a memo to the department heads regarding this. ADJOURNMENT AT 8:32 p.m. to the meeting of Tuesday, November 18 at 7 p.m. , ~"' ' ' · ~ Jennie M. Fulasz, CMC City Clerk 0911C · I T