HomeMy WebLinkAboutcc min 1983/10/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, October 18, 1983 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Scott,
Malcolm, Moore, McCandliss
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney
Harron, Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE, 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 September 14, 29 and October ll,
1983
The City Clerk requested the minutes of September 29, 1983 be pulled and
considered at next week's meeting.
MSUC (Cox/Malcolm) to approve the minutes of September 14 and October ll, 1983
2. SPECIAL ORDERS OF THE DAY
a. OATHS OF OFFICE TO NEWLY APPOINTED COMMISSIONERS
The City Clerk administered the Oath of Office to Bill H. Berry - Civil
Service Commission and Robert Dale Ohlau - Parking Place Commission
b. PROCLAMATION Proclaiming Wednesday, October 19, 1983 as "UNITED
NATIONS DAY" in the City of Chula Vista
The Proclamation was presented to Mrs. Kitty Raso, Chairman of the Chula Vista
United Nations Day Committee by Mayor pro Tempore Moore. Mrs. Raso invited
the Councilmembers to attend the UN Celebration on Wednesday, October 19, 1983.
3. WRITTEN COMMUNICATIONS
REQUEST THAT THE TWO-WAY STOP AT EAST OXFORD AND OLEANDER BE MADE INTO A
FOUR-WAY STOP - Randal D. Carter, 478 East Oxford Street, Chula Vista
MSUC (Malcolm/Moore) to refer this matter to the Safety Commission.
City Council Meeting - 2 - October 18, 1983
PUBLIC HEARINGS AND RELATED RESOLUTION AND ORDINANCE
4. PUBLIC HEARING CONSIDERATION OF VARIOUS AMENDMENTS TO THE MUNICIPAL
CODE RELATING TO AMUSEMENT FACILITIES AND GAMES
(Director of Planning)
a. ORDINANCE AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE
BY ADDING THERETO A NEW SECTION 19.04.013 AND
AMENDING SECTION 19.58.040, ALL RELATING TO AMUSEMENT
FACILITIES AND GAMES -FIRST READING
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Principal Planner Ken Lee noted the Council accepted a report earlier this
year prepared by the Planning Department concerning a requirement for
restrooms in conjunction with video game operations. Staff was directed to
prepare a code amendment which would define the number of coin operated games
which might be considered accessory to the primary business.
Mr. Lee explained the requirements of the Code which lists amusement parks and
centers as unclassified uses requiring a Conditional Use Permit; however,
there are no adopted standards governing the operation of such uses. In
addition, there is no definition for amusement games (e.g. video, pinball,
etc.) as accessory uses. The City has been allowing three games as an
accessory to the primary use of the property without requiring a conditional
use permit. The purpose of the proposed amendments is to establish operating
1
standards for amusement centers and to establish a c ear definition of
operating standards for amusement games as accessory uses.
The proposed amendments are summarized as follows:
Definitions - Defines amusement facilities, amusement parks, amusement centers
and accessory uses. A limitation of three machines is proposed for accessory
uses as well as a percentage of floor space which may be devoted to the
machines.
Uses - Establishes standards for amusement centers relating to setbacks, adult
supervision, bicycle racks, hours for school children during normal school
hours as well as between 10:00 p.m. and 6:00 a.m. prior to a school day and the
locational criteria. The standards proposed are essentially in keeping with
those established for recently approved game centers. Regulations are also
proposed for accessory uses relating to supervision, hours and location.
The Planning Commission recommended the enactment of an ordinance in
accordance with their Resolution PCA-82-2.
The recommendation of the Director of Planning is to adopt the Planning
Commission recommendation except for the operating standards for accessory
uses (three or fewer games).
City Council Meeting 3 October 18, 1983
The Ordinance further provides for the development standards for amusement
facilities. Mr. Lee discussed the requirements which included the prohibition
of game play by minors during school hours as well as between 10:00 p.m. and
6:00 a.m. prior to a school day.
He added that existing establishments with 4 or more games operating without a
CUP would have 120 days from the adoption of this code to apply through the
Zoning Administrator for a Conditional Use Permit. Zoning Administrator may
waive or modify regulations and violations could result in a revocation of
that zoning permit.
Council discussion ensued regarding: (1) grandfather clauses; (2) limitation
of three machines for the defined use (3) the percentage of floor space
allocated to the machines (4) what constitutes "normal" school hours.
Clint D. Sadler, 47 Palomar Drive, Chula Vista, representing Fun-4-All stated
he was against the original ordinance but with the modifications made he can
support this ordinance. He indicated it would be unfair to tell a child to
leave because he is not accompanied by an adult and then have him go and play
the machines at 7-11 store. He suggested all business owners have the same
rules.
There being no further comments either for or against, the public hearing was
declared closed.
MSUC (Malcolm/McCandliss) to refer this item back to staff to have them
prepare an ordinance with the the amendments as just discussed (legal age
limit, adults accompanying children and "school hours" definition).
5. PUBLIC HEARING TO CONSIDER REQUESTED RATE INCREASE IN SECONDARY
SERVICES FOR COX CABLE TELEVISION, SAN DIEGO
(Director of Finance)
a. RESOLUTION AMENDING RESOLUTION NO. 11220 AND APPROVING RATE
INCREASES IN SECONDARY SERVICES FOR COX CABLE
TELEVISION, SAN DIEGO
MSUC (McCandliss/Cox) this item be continued for two weeks to the meeting of
November 1, 1983.
6. ORAL COMMUNICATIONS
a. Bob Maxwell, 473 Berland Way, Chula Vista, spoke against the dumping of
toxic waste materials referring to an open letter to be sent to the San
Diego Union addressed to the Mayor and Councilmembers regarding some of
the problems involved. Mayor Cox stated a report is to come back to the
Council in November
b. Dave Foreman, 1653 Point Cabrillo Court, stated he would like to see BKK
dismantled and taken out of the area.
City Council Meeting - 4 - October 18, 1983
c. Bess Pocklington, 656 Glover Place, Chula Vista referred to the study Air
Pollution Control Board has scheduled regarding the inhalable
particulates from SDG&E. She called the Board and was informed they
could not start the study until after the rainy season.
MSUC (McCandliss/Cox) to send letters to the Air Pollution Control District
asking them to outline their methodology of study and their time schedule. A
copy of the letter to be sent to Supervisor Hamilton and the Chief
Administrative Officer.
Councilman Moore asked who the staff member was who should be contacted
regarding pollution coordination. City Manager Goss responded it was Doug
Reid, Environmental Review Coordinator and Bill Harshman, Senior Civil
Engineer.
In response to Councilman Malcolm's query regarding the BKK facility, City
Attorney Harron stated if a company operates within the guidelines of their
Conditional Use Permit they have a vested right to continue their operation.
d. Patricia Porter, 418 I Street, Chula Vista related an incident whereby
her daughter and a friend were approached and "touched" by a man in the
Kresge Store at the Chula Vista Shopping Mall. When they asked the store
manager to call the Police, he called the Security Guard. The Police
were eventually contacted after the man had fled. Mrs. Porter suggested
a school program to educate children along with the parents on what to do
in these situations.
Mayor Cox directed this item be placed on the agenda for the joint
Council/School Board meeting.
Councilman Malcolm suggested Mrs. Porter appear before the School Board and
inform them of this happening.
ITEM NO. 4
Planning Director Gray requested continuing Item No. 4 to a date certain so it
would not have to be re-advertised.
MSUC (Cox/Moore) to continue the public hearing to the meeting of November 15,
1983.
RESOLUTIONS AND ORDINANCES, FIRST READING
7. RESOLUTION 11407 ACCEPTING PETITION FOR CONSTRUCTION OF MISSING
SIDEWALK IN MILLAN COURT EAST OF FIRST AVENUE (City
Engineer)
The City Engineer received a petition from property owners in Millan Court
east of First Avenue requesting that 1911 Block Act proceedings be commenced
for construction of missing sidewalk in this block. The petition subsequently
was filed with the City Clerk on October 3, 1983.
City Council Meeting - 5 - October 18, 1983
In accordance with Chapter 27, the City may require the property owner at the
northeast corner of First and Millan to install the missing sidewalk.
The City Engineer requested authorization to contact the property owner of
missing sidewalk for voluntary installation of sidewalk. If the property
owner doesn't volunteer, staff would consider it as part of the 1984-85 Block
Act Program.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
8. RESOLUTION 11408 RESCINDING RESOLUTION NO. 11224 - ESTABLISHING JUST
COMPENSATION FOR THE ACQUISITION OF RIGHT OF WAY FOR
THE EAST NAPLES EXTENSION FOR CHULA VISTA WOODS
(City Attorney)
The developers for Chula Vista Woods Subdivision prepared an appraisal and
requested the City to approve the amount set in the appraisal for the
acquisition of East Naples Street in order to provide access for their
proposed subdivision. Due to environmental problems, it was impossible for
the subdivider to follow through with his proposal until a map is filed. For
that reason, the matter was tabled indefinitely. Michael Spata, the attorney
for United Enterprises, Inc., requested Council rescind the resolution since
it may cause problems for them in the future in that the information within
the appraisal may become stale and the appraisal itself defective.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
9. RESOLUTION 11409 APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE
POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1984
THROUGH 1986 (Assistant City Manager)
In summary, the three year agreement provides for an improved retirement
system, commonly known as "2% at 50" commencing October 1984. A 3% wage
increase has been granted PRA members for FY 1983-84, retroactive to the first
pay period in July 1983. Future PRA wage increases during years 2 and 3 are
tied to the negotiated settlements reached with the Chula Vista Employees
Association with a guarantee that wages paid during years 2 and 3 will equal
the average salaries of all municipal police departments in the County,
including the County Sheriff's Department. Other substantive provisions of
the agreement are changes in the educational incentive benefit program
including a flat rate, and a requirement for continuing education; elimination
of overtime pay for the first hour; elimination of one holiday; virtual
elimination of callback pay; a provision for a cap on the City's contribution
to PERS of 25.89%; elimination of City responsibility for long-term disability
insurance; a pledge by the membership to cooperate in a future public safety
officer program study, and continued cooperation for a reasonable period of
time after implementation of said program if it is determined that the program
is viable.
City Council Meeting - 6 - October 18, 1983
The first year additional annual net cost is approximately $50,000, or
1.58%;
Estimated cost for 1984-85 - $327,190;
Estimated cost for 1985-86 - $241,970.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consents passed and approved unanimously.
MSUC (Moore/Cox) to list this particular study on the City Council tickler.
10. RESOLUTION ll410 APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
E~LOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL
2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO FOR FISCAL YEARS 1984 THROUGH 1987
(Assistant City Manager)
The four year agreement provides for an improved retirement system commonly
known as "2% at 50", including the Widow and Survivor's benefit commencing
October 1984. A 3% wage increase has been granted to IAFF members for FY
1983-84, retroactive to the first pay period in July 1983. Future pay
increases during years 2, 3 and 4 of the agreement are tied to the negotiated
settlement reached with the Chula Vista Employees Association with year 2
reduced by 2% and years 3 and 4 equal to that ne9otiated by CVEA. The
agreement also provides that if the base wage of the fire fighter's
classification, under the formula outlined, should become greater than 5%
below the average of all municipal fire departments in the County, the City
and IAFF would reopen negotiations on the question of salary only. Other
provisions of the agreement include IAFF's p]edge to cooperate in a study and
possible implementation of a public safety officer program, provision for a
cap of 25.89% rate on the City's contribution to the retirement system,
station maintenance and repair to be performed by unit members, and a
voluntary program whereby unit members may perform non-traditional functions.
The agreement also rovides for a reduction in allowable minimum staffing
levels from 17 to l~, reduces annual vacation accrual rates, and virtually
eliminates callback bonuses.
The first year additional annual net cost is approximately $41,000 or
2.07%;
Estimated cost for 1984-85 - ~210,080;
Estimated cost for 1985-86 - $169,380;
Estimated cost for 1986-87 - $124,350.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consents passed and approved unanimously.
11. REPORT GOLF COURSE MAINTENANCE, PHILOSOPHY FOR GREENS FEE
ADJUSTMENT, AND CAPITAL IMPROVEMENT AND EQUIPMENT PLAN
(Director of Parks & Recreation) (Continued from the
meeting of 10-11-83)
City Council Meeting - 7 - October 18, 1983
a. RESOLUTION APPROVING A NEW GREENS FEE SCHEDULE
b. RESOLUTION AMENDING THE 1983-84 GOLF COURSE BUDGET TO PROVIDE FOR ONE
11411 FULL-TII~E EQUIVALENT MAINTENANCE PERSON AND APPROPRIATING
$15,000
c. RESOLUTION APPROVING IN PRINCIPLE A 7-YEAR CAPITAL AND EQUIPMENT PLAN
Director of Parks and Recreation Pfister stated at the September 27 meeting
the Council requested input from the Women's Golf Association prior to taking
final action on the proposed adjusted greens fees. He met with the Women's
Association and they expressed satisfaction with the report and requested only
two additions: (1) Any current card carrying Junior Golfer to be eligible for
special discount rates; (2) Dollar discount be continued for designated Ladies'
Days. These have been included in proposed greens fees for review.
Mr. Pfister made the following recommendations:
(1) Adopt Resolution "A" increasing monthly ticket fee, green fees and
implementation of special discount times as follows:
(1) Weekday 1-4 p.m.
(2) Weekend 2-4 p.m.
(3) Summer Twilight League
(4) Ladies' Day
(2) Adopt Resolution "B" amending the FY 1983-84 budget to include the
addition of one full-time equivalent maintenance person for the Chula
Vista Municipal Golf Course and appropriating $15,000 from the
unappropriated balance of the General Fund as a loan to the Golf Course
fund.
(3) Adopt Resolution "C" approving in principal the 7-year Capital
Improvement and Equipment Plan.
(4) Direct continued staff effort in coordination with Sweetwater Authority
and the City and County of San Diego to eliminate drainage barriers
existing west of the Willow Street bridge.
Vera E. Klinovsky, 4 Broadway, Space 1, Sam Zail, 1691-F Melrose, and Cliff
Roland, llO0 Industrial Boulevard, Chula Vista expressed their opposition to
the increased rates for senior golfers and complained about the condition and
maintenance of the golf course.
Council discussion followed regarding: (1) continuing this item until after
the results of Requests For Proposals; (2) by deferring channel improvements
to next year, if heavy rains occur, there could be increased damage with lost
play on the course and costs will be much higher; (3) course is being
maintained and sufficient revenue to meet expenses of maintenance is available
in the budget;(4) feasibility of hiring additional personnel at this time; (5)
need for the two mowers.
City Council Meeting - 8 - October 18, 1983
RESOLUTION "B" OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Director of Parks and Recreation Pfister pointed out that even though a
deadline has been set for Request For Proposals the City must allow at least
120 days to have a committee look at the Request For Proposals and decide
which one would be finally interviewed. The tentative date to bring back a
proposal to the Council is on March l, 1984.
Director of Parks and Recreation Pfister explained the course has been
infected with fungus for three months and is in the process of being brought
back to condition; gopher problems are being resolved by trapping; there is an
immediate need for purchasing the equipment; process takes a long time (two to
three months are required to go through the bidding process); additional
employees would be helpful.
MSUC (Cox/Malcolm) to defer the balance of this report until staff gets a
report back on the golf course maintenance contract (or RFP's are back for
consideration).
MS (Moore/Scott) items that were budgeted for FY 1983-84 be pursued as
approved in the budget session and procured expeditiously.
AMENDED MOTION
MSC (Cox/Moore) Seven gang fairway mower and tee and apron mower be put out to
bid and all information be gathered up to the point of actually ordering;to be
brought back to the Council prior to ordering. Councilman Scott opposed.
UNANIMOUS CONSENT ITEM
lOA. RESOLUTION 11412 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND NUBIAN CORPORATION, dba MARINA MOTEL, FOR A
THREE-MONTH LEASE FOR A PORTION OF TIDELANDS AVENUE
(City Attorney)
The agreement between the City of Chula Vista and Nubian Corporation is for a
three-month lease for a portion of Tidelands Avenue commencing on October 19,
1983 and terminating on January 18, 1984.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
CONTINUED MATTERS
12. REPORT PURCHASE OF LAND FOR PUBLIC PARKING IN THE DOWNTOWN
PARKING DISTRICT (Community Development Director/Director
of Finance) (Continued from the meeting of 10-11-83)
The Redevelopment Agency authorized the appraisal of a parcel of land located
on the east side of Landis near Davidson. The land is presently occupied by a
single family dwelling on a 6,250 square foot parcel. The appraiser, Hillard,
Lipman and Associates, values the land and building at $100,000. The Parking
City Council Meeting - 9 - October 18, 1983
Place Commission recommends the purchase and the Town Centre Project Area
Committee is of the opinion that the acquisition of the parcel by the City
and/or the Redevelopment Agency is appropriate for parking or other uses. The
reason for the recommendation to purchase the site is based on (1) it would
remove an existing blight to the area; (2) provide additional parking which
should stimulate redevelopment in the immediate area, particularly on the west
side of Landis; (3) is available for sale to the City exclusively at this
time.
Niek Slijk, 233 Fourth Avenue, Chula Vista representing the Downtown Committee
Chamber of Commerce thanked the Council for their enthusiastic involvement in
the Fiesta de la Luna Parade on Saturday, October 15, 1983. Also, the Chamber
members are in favor of the proposed purchase of the lot on Landis Street for
a parking lot.
The following discussion ensued: (1) the policy of in-lieu fees based on the
construction within the Redevelopment District; whether the parking lot is
needed; new additions being subject to a parking fee; whether policy should be
modified.
MSC (McCandliss/Cox) to accept the report and recommendations. Councilman
Scott opposed.
MSUC (Scott/Cox) for staff to look to policy regarding in-lieu fees in Sub
Area I or the Downtown Parking District.
13. REPORT OF THE CITY MANAGER
a. City Manager Goss requested a Closed Session for personnel and litigation
at the close of the meeting.
MSUC (Scott/Moore) for a Closed Session at the close of the meeting for
personnel and litigation.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
14. REPORT EVALUATION OF THE INTERSECTION AT ORANGE AVENUE/MAX AVENUE
FOR INSTALLATION OF A TRAFFIC SIGNAL (City Engineer)
At the meeting of June 21, 1983, the City Council received a petition
requesting installation of a traffic signal at the intersection of Orange
Avenue/Max Avenue. The Council directed the request to the City Traffic
Engineer and the Safety Commission for study and recommendation. The City's
Traffic Engineering Division has evaluated the traffic conditions including
vehicular and pedestrian volumes, accidents, and any unusual conditions at
this intersection. The intersection fell significantly short of meeting
nationally accepted criteria for installation of a traffic signal. Also, it
ranked below 12 other unsignalized intersections in the 1983 traffic signal
priority list. The City Engineer recommended Council deny the request for
City Council Meeting - lO - October 18, 1983
installation of a traffic signal at this time and have staff review the
intersection with other unsignalized intersections in the 1984 Traffic Signal
Priority List. The Safety Commission recommended denial of the request; to
have the school signs and markings updated; and to restudy the intersection in
six months.
MS (Scott/Moore) to approve the staff report.
Barbara Ostberg, 1582 Marl Avenue, Chula Vista referred to the petition which
she circulated containing over 700 signatures declaring the need for the
traffic signal at this intersection. Mrs. Ostberg said she was disappointed
in the staff's report since they did not take in the entire area - Melrose to
Hilltop which would increase the accident number as listed in the report. She
remarked there is an added hazardous condition in the area with the water main
broken which is creating an erosion of the roadway (from Max to Loma Lane).
Mayor Cox noted the traffic signal review will be done in April or May 1984.
Councilman Moore stated he compared this intersection with the other main
streets ("E", "H", "L") and is satisfied it has the best median island in the
City. At this time, he could not vote for the traffic signal.
SUBSTITUTE MOTION
MSUC (McCandliss/Cox) to continue this item for one week in order to identify
the problem and have an appropriate referral to staff.
15. MAYOR'S COMMENTS
a. MSUC (Cox/Moore) for staff to prepare a letter commending the Jaycees and
Chamber of Commerce for their efforts of the Fiesta de la Luna/Founder's
Day Parade and expressing the appreciation of the Council.
b. The League of Califonia Cities has eight different committees. This year
they are attempting to have a chief member as well as an alternate on
each of the committees. Mayor Cox asked the Councilmembers to let him
know on which committee they may wish to serve.
c. Mayor Cox noted the League of California Cities Dinner meeting is to be
held on Thursday October 27, 1983. He asked the Councilmembers to make
their reservations with the City Clerk.
16. COUNCIL COMMENTS
a. In response to Councilwoman McCandliss' query, Traffic Engineer Chuck
Glass stated he would check with Caltrans on what is happening at the
off-ramp at I-5 south and "E" Street.
b. Councilman Moore suggested placing Orange Avenue/Max Avenue item on the
agenda of the Joint Council/School Boards meeting.
City Council Meeting - ll - October 18, 1983
c. City Attorney Harron stated he will report next week on Council's 4/5's
vote to override Planning Commission decisions.
d. Councilman Malcolm said he received several complaints about students
loitering at East "J" Street shopping area (next to Hilltop Jr. High
School). He suggested staff contact the tenants and find out what is
going on and report on how to resolve the problem.
MSUC (Malcolm/Moore) to refer this matter to staff.
Councilman Moore suggested this also be an item for discussion at the joint
Council/Schools meeting.
e. Councilman Scott commented on when the library was built in 1976, there
were plans to have a fountain on the southwest corner of the library. He
would like to see this pursued.
MSUC (Scott/Cox) for staff to look again at installing a small fountain on
southwest corner of Library (rose garden)
f. Mayor Cox felt a letter of appreciation should be sent to the contractor
who constructed fountain in the redevelopment area (3rd and F Street) -
for his "expedious" manner.
Councilman Scott suggested the letter be delayed until after the contractor
has fixed the leak in the fountain.
MSUC (Cox/Scott) staff to prepare a letter of appreciation to the contractor
for the expedious manner the fountain was completed. {The letter to be sent
after the fountain is repaired).
The Council recessed to Closed Session at 9:45 p.m. The City Clerk was
excused and the City Manager reported the meeting adjourned at ll:lO p.m.
ADJOURNMENT at ll:lO p.m. to the meetings scheduled for October 25, 1983 at
7:00 p.m., Thursday, October 27 at 4:00 p.m. and to the Council Tour Saturday,
October 29 at 8:00 a.m.
WPC:0356C
PAG