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HomeMy WebLinkAboutcc min 1983/09/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, September 13, 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 AUGUST 18 AND SEPTEMBER 6, 1983 MSUC{Moore/Malcolm} to approve the minutes. 2. SPECIAL ORDERS OF THE DAY (None} 3. WRITTEN COMMUNICATIONS (None} PUBLIC HEARING AND RELATED RESOLUTION 4. PUBLIC HEARING ABATEMENT OF PUBLIC NUISANCE RE 1097 OLEANDER AVENUE a. RESOLUTION 11379 DIRECTING THE CITY ATTORNEY TO BRING AN ACTION TO ABATE A NUISANCE AT 1097 OLEANDER AVENUE {City Attorney/Director of Building and Housing) This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Building and Housing Grady explained the occupants at the resident at 1097 Oleander are constructing a second story in addition to remodeling the first story of a house located there. They have failed to obtain a building permit and their construction violates the Municipal Code. The occupant and owner were served with a Notice of Violation which informed them if they did not correct the condition, they would be subject to an abatement action. Inasmuch as they have not responded, the City Attorney is recommending action to abate this construction as a public nuisance. Mr. Ward Williams, Manzanita Street, Chula Vista, said he walks by this property four or five times a week and commends the owner for cleaning up the place. Mr. Williams stated the premises have been greatly improved by the owner. I 1 T City Council Meeting - 2 - September 13, 1983 Mr. Cecil Ritchie, 344 East Emerson Street, states he owns the property adjacent at 1091 Oleander Avenue. He is opposed to the construction of the garage in the front yard setback and the many cars that are parked around the property creating a nuisance and safety hazard. He disagreed with Mr. Williams that the place has been cleaned up stating it looks like a "bunch of junk" and this has been going on for one year. He asked that the Council enforce the regulations. Michael Wheeler, resident of the home agreed he is in violation of not obtaining City permits but now stands ready to conform to the requirements. Mr. Wheeler submitted pictures to the Council showing the addition during the different phases of construction. He said he would be willing to tear the garage down if that is what he has to do. Council discussion followed during which time they questioned Mr. Wheeler regarding his agreement to get the proper City permits and time element for compliance. Councilman Malcolm indicated he is willing to go along with a continuance of this matter to give Mr. Wheeler time to get the proper permits. Councilwoman McCandliss agreed; however, she stipulated there should be no special consideration given - Mr. Wheeler should comply with City standards. There being no further comments, either for or against, the hearing was declared closed. MS {Malcolm/McCandliss) to continue the matter for eight weeks. Councilman Scott suggested the resolution be passed and an abatement clause be put in giving the gentleman 180 days to conform to City requirements. At the end of that time, if he does not do so, the matter would not come back to Council as the City Attorney would proceed with the criminal action. SUBSTITUTE MOTION: MSUC {Malcolm/Scott) to amend the resolution putting in a six-month abatement clause. RESOLUTION OFFERED BY COUNCILMAN MALCOLM as amended. The reading of the text was waived by unanimous consent, passed and approved unanimously. 5. ORAL COMMUNICATIONS a. Esther Hyde, 1202 Neptune Street stated with the opening of schools, the hours for the City pools have been changed which now leaves no time for the general public to use the pools. Mrs. Hyde asked that immediate action be taken to rectify this because of the unusually hot weather. Director of Parks and Recreation Pflster noted the pool hours for the Fall schedule which is geared to the school schedules. Councilman Scott remarked this request has been discussed at previous years and questioned the demand by the general public for the use of the pool that would warrant hiring lifeguards to come on duty. City Council Meeting - 3 - September 13, 1983 MSUC (Cox/Scott) to ask staff for information regarding the usage of the pool, (the adult usage) and to look at whether there is a demonstrated need to open up the pools for public use more than used right now. This statement to be brought to the Council to be considered at the conclusion of the Joint Redevel opment Agency/P1 anning Commission meeting to be held tomorrow at 4:00 p.m. b. Bob Maxwell, 473 Berland Way, Chula Vista questioned why there was no Environmental Impact Report filed on the BKK Transfer Facility. Mayor Cox explained the facility received a Negative Declaration; therefore, no Environmental Impact Report was necessary. Mr. Maxwell remarked when the facility first came in, it was to be strictly a transfer facility. Now it has expanded and has become a treatment plant as well. He added when the BKK Plant at Covina had a hazardous spill, they sprayed the land with a liquid substance before moving any barrels which monitored the air for 24 hours. Mr. Maxwell questioned why this isn't done in Chula Vista. He referred to a recent report in Waste Management magazine whereby the owner of the BKK plant stated they will soon be handling PCB's from Arizona and New Mexico to be treated here. Mr. Maxwell declared the plant should not be here, it should not be near people, it should be "out in the desert some place or in the middle of the ocean on a barge". RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION 11380 POLICY FOR CITY DEFENSE OF CRIMINAL ACTIONS (City Attorney) The City Council requested staff to prepare a draft policy for its consideration dealing with the question of when the City should provide for criminal defense costs. The Attorney submitted the proposed policy which incorporates the mandatory provisions of State Law that the City may provide for these costs only after it has found that to do so would be in the best interests of the public, and the employee acted in good faith in the scope of his/her employment. Added to the State law is a requirement that the employee reimburse the City, if at the conclusion of the criminal proceeding, he/she is found to have acted in bad faith. Councilman Scott stated he is abstaining (from) voting on this matter due to a possible Conflict of Interest. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Council discussion followed regarding the various aspects of the policy. City Attorney Harron said he checked with every city in the County as well as the League of California Cities and the City Attorney of Berkeley before writing the policy. They all handle matters like this in an informal manner. Councilwoman McCandliss questioned the vague generalities of the phrases: the City Council Meeting - 4 - September 13, 1983 "interest of the public" and "acting in good faith". She suggested the policy be changed to state "the employee should come to the Council for consent prior to obtaining legal counsel". MSUC (McCandliss/Malcolm) to delete No. 3 in the Council policy which states: "If the action goes to trial and outside counsel has not been retained at this time, the employee must obtain the consent of the Council before obtaining outside counsel". Further, that No. 2 of the policy be reworded as follows: "The City Attorney shall represent the employee. If for any reason this is impractical, the employee shall obtain the consent of City Council before retaining outside counsel" The resolution as amended carried unanimously with Councilman Scott abstaining. 7. RESOLUTION 11381 AUTHORIZING THE EXPANSION OF THE SCOPE OF THE C.I.P. PROJECT FOR THE IMPROVEMENT OF ALLEN SCHOOL LANE BEll~EEN ALLEN SCHOOL ROAD AND SURREY DRIVE (City Engineer/Director of Public Works Operations) Included in the CIP program is a project to complete the missing inprovements on Allen School Lane between Allen School Road and Surrey Drive (south side only). Improvements include construction of street paving, curb and gutter, and sidewalk. A review of the project site showed that the northerly half of the street is deteriorating rapidly and is failing in many places. Rather than spend several thousands of dollars to improve the southerly half of Allen School Lane and place a thin overlay on the deteriorating northerly half, staff is recommending that a 12' wide portion of the northerly half of the street also be reconstructed at this time and a proper pavement section installed. The current amount budgeted for construction and engineering expenses is $15,900. It is anticipated that the proposed project will be approximately $26,000. Staff will request an additional appropriation of funds after receipt of bids at the time contract is awarded by Council. This project is funded with LTF and Gas Tax funds. Additional funds are available in the unappropriated Gas Tax funds. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 8. ORDINANCE 2048 AMENDING SECTION 2.66.270 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO PARK HOURS SECOND READING AND ADOPTION (Director of Parks and Recreation) At the meeting of September 6, 1983, the Council placed on first reading the ordinance which establishes City park hours as 6:00 a.m. to 10:30 p.m. This 0 section of the Code is amended to authorize opening Rohr Park at 7: O a.m. City Council Meeting - 5 - September 13, 1983 MSUC (Scott/Malcolm) to place the ordinance on second reading and adoptuon; the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. REPORT OF THE CITY MANAGER MSUC (McCandliss/Moore) for a Closed Session for litigation, personnel and negotiations (meet and confer). REPORTS OF CITY OFFICERS AND DEPARll4ENT HEADS 10. REPORT AMERICAN LEGION LEASE AGREEMENT (Director of Parks and Recreation) City Manager Goss referred to his report explaining that the American Legion Post 434 has a ten-year lease on a City-owned building expiring in 1985. A decision on whether or not to renew the lease is being considered now to provide the lessee adequate time to seek other quarters in the event renewal is not to be approved. Because of the age and unsafe condition of the building, the Director of Parks and Recreation believes the lease should not be renewed and the building demolished when vacated. The building was inspected by the Building and Housing Department on June 7, 1983 and Director of Building and Housing Grady reported nineteen separate items needing repair or constituting violations of the Building, Plumbing, Mechanical and E1 ectrical Codes. Mr. Grady believes the bull ding can be brought up to health, plumbing, mechanical and electrical codes but can only be rehabilitated to meet earthquake standards by addition of steel reinforcement, covered with three inches of gunite concrete, and increasing the foundation. This would cost a minimum of $104,000. If the building is demolished, the area can be used to provide increased parking, which is needed due to the growth in use of the facilities at Eucalyptus Park. A study can be conducted to determine the justification for a community center at that 1 ocation, and if deemed necessary, B1 ock Grant funds can be sought to finance the project. Mr. Goss said his recommendation is the lease not be extended beyond 1985 and to notify the American Legion to correct the unsafe conditions within a reasonable time. Council discussion followed regarding: (1) the American Legion's notification of the need for all these repairs in 1974 and no follow-up done on it; (2) regardless of whether or not the lease is extended, the repairs to the facility should be done immediately; (3) the building being brought up to earthquake standards and the construction needed to meet those standards; (4) the letters and notifications that were sent to the American Legion regarding the Council's consideration of the renewal of their lease. Councilman Scott recalled that in 1974, there were recommendations made by staff to terminate the lease. The American Legion asked for an extension of time in order to locate another site in the City. The Council granted the extension at that time; however, they made it quite clear it would be the final extension. City Council Meeting - 6 - September 13, 1983 Mr. Robert McCauley, 1987 Bucknell Court, Chula Vista, representing the American Legion Post 434 stated they are a Civic organization; they have given at least $5,000 per year to charitable organizations in the City for the last ten years; suggestion that the building be designated as a historical site since it has survived since 1945; request for a structural engineer to look at the building and determine whether or not it is earthquake proof; 4.175 acres was owned by the American Legion and they gave that land to the City; the American Legion request to extend the lease for another lO years. The Council questioned who owns the land. Mr. McCauley stated he can pursue this matter and get the answer. MSUC {Malcolm/Cox} to continue this matter for two weeks and get a report back on the ownership of the property. Councilman Moore requested the American Legion to list the amount of contributions they made to charity for the past five years (or in any one given year). Councilman Malcolm stated he is not happy with the staff's recommendation which states either the American Legion stays there or finds another place - he feels there should be some "happy medium". The Council concurred the City Manager should proceed with having the existing violations corrected. ll. REPORT AUTHORIZING THE ISSUANCE OF REQUEST FOR PROPOSALS TO LEASE THE CHULA VISTA MUNICIPAL GOLF COURSE (Director of Parks and Recreation) In his written report to Council, Director of Parks and Recreation Pfister noted that during the work session for the FY 1983-84 budget, Council authorized a Request for Proposal be developed to receive inquiries for the possible lease of the Chul a Vista Municipal Golf Course. He submitted the RFP stating i t is not a final contract. From this information, a 1 ease contract will be negotiated which will go into substantially more detail than the RFP to ensure that the City's interests are properly protected. The City's minimal annual payment is expected to be $68,400 ($53,000 bond and $15,400 General Fund repayment}. MS {Scott/Moore) to accept the staff recommendation "to approve the request for proposals and authorize the advertising for Request for Proposals to lease the Municipal Golf Course" Council discussion followed regarding the various aspects of the RFP: (1) the renovation of the irrigation systems and the construction of the channel to provide a CFS capacity of 2,000 cubic-feet per second; {2) for the owner to purchase at fai r-market value for cash all Golf Course personal property and equipment; {3) the timing for the RFP's indicating the report should be given to Council prior to the time a lease agreement is received; (4) the makeup of the Review Board; (5} concern with the greens' fees. City Council Meeting - 7 - September 13, 1983 Mr, Pfister stated he met with the Board of Directors of the Men's Association at the Golf Course. They have a copy of the lease and the Parks and Recreation Commission unanimously endorsed the concept of issuing RFP's to manage the Course. Councilman Malcolm stated he is concerned the greens could be ruined because of the flow of water due to heavy rains. He recommended a drainage channel be built which would take care of the highest water flow. Councilman Moore asked the City Manager to list the items in the order of priority. The motion to accept the recommendation carried unanimously. Mr. Cliff Roland, llO0 Industrial Boulevard said it wouldn't do any good to build a new drainage channel unless the debris along the channel from Willow Street to the shopping center was cleaned. Mayor Cox said he met with Mr. Roland two weeks ago and discussed this item. The Mayor requested the staff to provide the following information to the Council: (1) since the last rate increase in 1981 how many golfers are playing the Course as opposed to those prior to the rate increase; (2) how much more revenue is the City getting since the last rate increase; (3) compared to other cities in the County is Chula Vista weak in its Junior Golf Program and what is the City doing for the Junior Golf program; {4) is there any promotion actually being done for the operation of the Golf Course; (5) in the August 1983 Public Management magazine, there is a PGA free service to do a procedure for improving the operation of a golf course along with a rating service and information for junior golf programs. MSUC (Cox/Scott) to refer these items to staff for a report back. 12. REPORT SHELL OIL PROPERTY WITHIN THE BONITA GLEN SPECIFIC PLAN (Director of Planning) On March 22, 1983, the City Council denied an amendment to the Bonita Glen Specific Plan to allow a gas station and car wash at Bonita Road and Bonita Glen Drive. The amendment has been requested by Shell Oil Company. The City Council then requested staff to evaluate and determine the various alternatives avail able for the development of the Shell Oil Company property. The Director of Planning submitted three (3) alternatives: (A) deleting the Shell property from the Bonita Glen Specific Plan, in which case the site would be zoned C-C-P and would be developed in accordance with the C-C-P regulations; (B) the subject property could be deleted from the Specific Plan and rezoned to some other commercial cl assi fication such as C-O (Commercial-Office) or C-N {Commercial-Neighborhood) with or without the "P" Precise Plan modifying district attached; (C) no amendment to the Bonita G1 en Specific Plan would allow the site to develop under the provisions of the Specific Plan. Staff is recommending no change to the adopted Bonita Glen Specific Plan; if a change is desired by Council to all ow Shell Oil to develop their property with a service station, staff submits the most practical method would be Alternative "A". City Council Meeting - 8 - September 13, 1983 MS (Cox/Moore) to continue this item for four weeks. Mayor Cox explained he wants to take a look at the facility and talk to the people involved in the project prior to any action being taken by the Council. Councilman Scott commented there is a public hearing to be scheduled on the vacation of this property and both the report and the public hearing should be considered at the same time. Mr. Frank Ferriera, 270 Bonita Glen Drive explained the hold-up now is due to the new appraiser asking for an extension of ten days. In answer to Council's query, Mr. Ferriera said he was not informed there was to be a fee involved for the vacation of the road. It is his understanding there should be a fee requirement for street vacation if there was no remuneration for the City. If City is proposing to sell the property, no fee should be required. City Attorney Harron stated even though a vacation of the property is being offered by the City, the City would still own a fee interest in the property. It would just not be a street use. The fee involved covers the cost of staff doing the paperwork. The motion to continue this item for four weeks carried unanimously. MSUC (Scott/Moore) for staff to report back on the fee requirement as soon as possible. A copy of this report to be sent to Mr. Ferriera as well as the other parties involved. 13. REPORT REQUEST FROM BUTLER'S BESTWAY TOWING {Director of Public Safety) At the August 2, 1983 Council meeting, a letter was received from Butler's Bestway Towing in which they requested placement on the City's Emergency Towing List. Council directed staff to prepare a response to this request and to include information on how the emergency towing system operates. The Director of Public Safety submitted a report explaining that currently, four tow companies are utilized to provide for police emergency towing requirements since May of 1973. The curent four companies feel they are providing a satisfactory service to the City and a fifth company will not improve the service. Conversely, a fifth company will decrease the money earned by nighttime and weekend operators. This could result in the loss of these experienced operators which would diminish the caliber of the tow service. Based on this premise, it is his recommendation this request be denied. The City Manager recommended the Council give serious interest of a fifth tow company and direct staff to prepare bids, or at 1 east Requests for Proposal s, for companies interested in participating in the City's emergency tow services. Staff would prepare the specifications and return with them in three months, since to do a proper job in developing such specifications should require adequate time for study and analysis to ensure that the service received by Chula Vista citizens is maintained at its current high level. City Council Meeting 9 September 13, 1983 Mr. Charles Butler, owner of Butler's Bestway Towing stated he had no comments to make at this time since he did not know whether the Council would go along with the City Manager's recommendations. Mr. Duane Pudgil, 619 "K" Street owner of South Bay Towing, and a member of the State Towing Association, stated if the City goes out for competitive bidding, the rates would be automatically higher. He asked Council to strike from the bidding specifications any monetary mention. Mr. Pudgil recommended a waiting period of one year to see whether or not the City's ambulance and trash service must go to bid. If the court rules for this, then the towing service would have to go out to bid because they provide a service to the community also. Mr. Bo Lemler, 3487 Main Street, Chula Vista said he owns Abre Towing. They tow impounds only. Mr. Lemler commented he can be considered the sixth company to get into the City's tow service. Because of his low overhead, he can underbid any of the towing services in the City. Mr. Lemler urged the Council not to put the service out to bids since it is getting great service now from the four towing services currently in the City. The motion to accept the recommendation of staff which is for staff to prepare the bids or the Requests for Proposals for the city's emergency towing services c~rried una~!-??~!~~. 14. MAYOR'S REPORT a. APPOINTMENTS TO BOARDS AND COMMISSIONS MSUC {Moore/McCandliss) to ratify the following appointments. Board of Appeals - Richard Reynolds and Richard Welsh. Board of Ethics - Rodolfo David and Kathleen McNamara. Safety Commission - Eugene Militscher and Ernest Arnold. International Friendship Commission Mary Brining, David Ferguson and Tim Nader. b. Mayor Cox announced the National League of Cities would be meeting in New Orleans on November 26-30, 1983. Councilmembers Malcolm, Scott and McCandliss will be attending the Conference. The Council should appoint a voting delegate and an alternate. MSUC {Scott/Moore) for Councilman Malcolm to be appointed as the voting delegate and Councilwoman McCandliss to be the voting alternate. c. Mayor Cox remarked that MTDB will be holding a meeting on September 1983 regarding fare structures for the trolley. They have issued a report on this. Mayor Cox felt it would be important to have a member of the Council present at that meeting. Councilwoman McCandliss indicated she would attend. City Council Meeting lO - September 13 , 1983 MSUC (Scott/Moore) to ask staff to prepare an analysis of the MTDB report and a position statement for the Council to consider at next week's meeting to be forwarded to the MTDB on the 26th (of September). d. Mayor Cox noted a Council Conference is being held on September 29 regarding Hazardous Waste; however, there are no items scheduled for the regular Council Conference scheduled for September 22. MSUC (Cox/McCandliss) to cancel the Council Conference scheduled for September 22. Councilman Scott commented he would rather see one important item placed on the meeting of the 22nd or any scheduled meeting rather than have several items bunched together at one Council Conference. 15. COUNCIL COMMENTS a. Councilman Scott discussed the safety condition when driving north along 1-805 and getting off on East "H" Street off-ramp. As it turns left, (directly across the way), it appears the driver can continue on; however, there is a drop there of four or five feet. MSUC (Scott/Moore) to refer this item to the Safety Commission to be looked at. b. Councilwoman McCandliss commented with the opening of the Six Space Theatre and Marie Calender's Restaurant, some consideration should be given to having the stores along Third Avenue open later in the evening. MSUC (McCandliss/Malcol m) to encourage the Town Centre Committee to encourage the businesses to stay open later in the evening and whatever means might be necessary to do that. Council recessed to Closed Session at 9:30 p.m. The City Clerk was excused and the Mayor reported the meeting adjourned at 10:20 p.m. ADJOURNMENT AT 10:20 p.m. to the Council/Redevelopment Agency/Planning Commission meeting scheduled for Wednesday, September 14, 1983 at 4:00 p.m. and to the Council meeting scheduled for September 20, 1983 at 7:00 p.m. WPG:0343C PAG