HomeMy WebLinkAboutcc min 1983/07/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, July 5, 1983 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott,
Moore, Malcolm
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney Harron
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 THE MINUTES FOR THE MEETING OF JUNE 16.1g~3.
2. SPECIAL ORDER OF THE DAY
C~uncilwoman McCandliss asked for the following correction to the minutes of
June 16. On page 3: on the Substitute Motion concerning grant monies for Boys
and Girls Club the motion should state that she abstained from voting and
Councilman Malcolm voted "aye". On page 4 of the minutes, Councilwoman
McCandliss stated the motion on the benefit package should state Moore and
Scott would meet to discuss it.
MSUC (Moore/Malcolm) to approve the minutes of June 16 as corrected.
a. APPOINTMENT OF MAYOR PRO TEMPORE
At the first meeting in July, the Council appoints a Mayor pro Tempore for the
coming fiscal year.
The Mayor pro Tempore sits next to the Mayor. Therefore, as soon as the
appointment is made, a two-minute recess will be called during which the
Councilmembers will change their seats (moving one seat to the left) and staff
will change the name plates and voting panel.
MSUC (Scott/McCandliss) to appoint Councilman Moore as Mayor pro Tempore.
Councilman Moore abstained from voting.
Mayor Cox presented Councilman Scott with a pen and expressed the appreciation
of the City Council for Councilman Scott's services as Mayor pro Tempore for
the past year.
A two minute recess was called at which time the names on the voting panel and
the dais were changed.
City Council Meeting - 2 - July 5, 1983
3. WRITTEN COMMUNICATION
a. DECLARATION OF VACANCIES AND REQUESTS FOR REAPPOINTMENTS ON BOARDS AND
COMMISSIONS
Expiration of terms on the various boards and commissions occur each year on
June 30. The following people requested reappointment:
Civil Service Herb Lemmons
Human Relations Tom Stille, Margaret Pietrzak
Library Board of Trustees Suzanne Miller
Parking Place Norma Kemery
Parks and Recreation John Harris
Planning Commission Mike Green
Resource Conservation Stephen Taylor, Rebecca Hernandez
Safety Commission Joy Sheresh
According to the Charter, Council interviews must be held for the Civil
Service, Library, Parks and Recreation and Planning Commission.
MSUC (McCandliss/Scott) to reappoint all the other commissioners who requested
reappointment and direct that interviews be scheduled as soon as possible for
the Charter commissions.
4. ORAL COMMUNICATIONS
a. Norma Kemery, past Chairman of the Downtown Association presented each of
the Councilmen with a "Downtown" tee-shirt and tote bag.
b. Mr. Q. Alacart, 27 Woodlawn Avenue, Chula Vista, complained of the
jamming up of the 911 emergency call unit during the recent earthquake in
South Bay. He stated people are calling the number for other purposes
than emergencies and asked that son~thing be done.
MSUC (Scott/Malcolm) to refer this matter to staff.
RESOLUTIONS AND ORDINANCES, FIRST READING
5. RESOLUTION 11304 APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND CONGRESSMAN DUNCAN HUNTER FOR THE LEASING
OF CERTAIN LEGISLATIVE OFFICE SPACE (City Manager)
An 18-month lease agreement between the City and Congressman Duncan Hunter has
been negotiated for the leasing of office space in the legislative office
building.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
City Council Meeting - 3 - July 5, 1983
6a. RESOLUTION 11305 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SOUTH BAY COMMUNITY SERVICES (OUR HOUSE,
INC~} Community Development Director
b. RESOLUTION 11306 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SOUTH BAY MEALS-ON-WHEELS
c. RESOLUTION 11307 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SWEETWATER UNION HIGH SCHOOL RESTAURANT TRAINING
PROGRAM
On June 21, lg83, the City Council approved the Community Development Block
Grant (CDBG) budget for Fiscal Year 1983-84. Included in that approved budget
were funds for the continued operation of South Bay Community Services
(formerly Our House, Inc.), Del Rey Nutrition, and Meals-on-Wheels.
RESOLUTIONS OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the texts were
waived by unanimous consent, passed and approved unanimously.
MSUC (Scott/Malcolm) for staff to notify the people receiving monies from the
Block Grant and various other sources of the Council policy (Sunset Clause}
for next year's appropriations.
7. RESOLUTION 11308 ADOPTING COUNCIL POLICY CONCERNING SEWER SERVICE TO
PROPERTY NOT WITHIN THE CITY BOUNDARY (City Engineer)
On May 3, 1983, Council considered a request to connect property in
unincorporated territory (128 North Second Avenue} to the City sewer system.
The City Engineer's report recommended preparation of a Council policy
regarding such sewer connections. A policy permitting extension of sewer
service to properties beyond the City limit must of necessity include
limitations, else the City would lose one of its primary incentives for
annexation. The proposed policy incorporates a maximum allowable length of
sewer main extension of 200 feet. The right to connect to City sewer (upon
payment of appropriate fees} is a benefit enjoyed by City residents. The
proposed policy sets forth a fee for that privilege in the amount which the
applicant would have paid to the appropriate County Sanitation District in the
form of a capacity charge if service had been provided by the district.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved accordingly.
8. RESOLUTION 11309 AMENDING RESOLUTION NO. 10614 REGARDING THE RULES AND
REGULATIONS GOVERNING THE USE OF RECREATIONAL
FACILITIES AND APPROVING NEW POLICIES AND FEE
SCHEDULE {Director of Parks and Recreation}
On September l, 1981, Council approved Resolution No. 10614 which amended the
policy governing the use of recreational facilities and approved a fee
schedule for said facilities. The new proposed policy will enact the
following major changes: {1} simplify present fee schedule; {2} increase fee
for cleaning or damage deposit; (3) permit the use of alcoholic beverages in
designated facilities.
· 1 T
City Council Meeting - 4 - July 5, 1983
Council discussion followed regarding the authority of the Director of Parks
and Recreation to permit the consumption of alcoholic beverages at Rohr
Manor. Parks and Recreation Director Pfister explained his criteria for
permittin9 this use noting that alcoholic beverages are allowed in the park
area. Councilman Scott felt there should be a breakdown of the type of
organizations permitted this use in the Manor.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
9. RESOLUTION ll310 APPROVING SIXTH AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT
DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE
AT THE "j" STREET MARINA IN SAN DIEGO UNIFIED PORT
DISTRICT PROPERTY
By Resolution No. 10977, Council approved the Fifth Amendment to an Agreement
with the San Diego Unified Port District whereby the City provided maintenance
services at the "j" Street Marina during fiscal year 1982-83.
A provision in the basic agreement allows an agreement extension upon mutual
consent of both parties. A proposed extension of fiscal year 1983-84 has been
prepared by the Port District and City staffs for ratification by the Port
Commission and the City Council. The agreement contains the same elements as
prior years' agreements with the Port District and covers all costs associated
with maintenance of the "J" Street Marina.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Councilman Scott requested the staff to look at the median island on "J"
Street (west of I-5) which is covered with weeds and looks as though it has
been some time since the street sweeper has been there.
lO. RESOLUTION ll311 APPROVING THE HAZARDOUS WASTE ELEMENT OF THE REVISED
SAN DIEGO SOLID WASTE MANAGEMENT PLAN (1982-2000)
(City Engineer)
In recent months, the County adopted the Revised Regional Solid Waste
Management Plan, 1982-2000. The plan incorporated a Hazardous Waste Element
which was acknowledged to be only stop gap in nature. At the same time, the
Board of Supervisors established the Hazardous Waste Management Project
because of the Board's concerns re9ardin9 proper handlin9 and disposal of
hazardous waste in the San Diego region. The project team was directed to
prepare a comprehensive hazardous waste management element for the revised
plan.
The new element is now essentially complete and is designed to totally replace
Chapter VIII of the Revised Plan.
City Council Meeting - 5 - July 5, 1983
Sharon Reid and Clarence Kaufman, 5555 Overland Street, San Diego, County
Public Works Departnmnt, answered Council's questions pertaining to various
aspects of the Management Plan. Mrs. Reid noted that the Council approved the
--~ plan one year ago and in that action affirmed its support of the County
serving as the Regional Solid Waste Management Agency. Mrs. Reid noted the
mandate of the State law which requires 50% of the cities with 50% of the
population to endorse the plan; however, the County policy is to go to all of
the cities for endorsement.
In answer to Councilman Malcolm's question, Mr. Kaufman explained there are a
few businesses throughout the County - Rohr is not one of them - which have
treatments within their own plants. However, the only offsite (those
facilities that accept waste from other generators) is the BKK Transfer and
Treatment facility in Otay - there are no others at the present time. Mr.
Kaufman added the County cannot grant a permit for the operation in Chula
Vista without first approval by this Council.
Further discussion involved the sphere of responsibility and authority; the
"overlapping" areas of jurisdiction and the responsibilities of the County's
Public Works and Health Departments.
In answer to Council's query, City Engineer Lippitt stated he would be back
soon with a report to the Council on the Otay landfill.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
ll. RESOLUTION 11312 APPROVING SERVICE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND CARL WARREN AND COMPANY (Director of
Personnel)
Fiscal year 1983-1984 will be the fifth year of the agreement with Carl Warren
and Company for administration of the City's public liability claims.
Administration services include investigation of disputed claims over $500
(undisputed property damage claims under $500 are handled by staff), claims
adjusting, settlement offers, releases, subrogation, and general claims
management.
Carl Warren & Company has requested a rate increase for 1983-84. The amount
for 1983-1984 is the amount that will be charged to all Joint Powers Authority
(JPA) menbers.
In answer to Council's questions, Director of Personnel Thorsen explained Carl
Warren and Company will be doing the Joint Powers Claims Administration.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
.... r · 1 T
City Council Meeting - 6 - July 5, 1983
12. ORDINANCE 2040 AUTHORIZING THE FINANCING OF RESIDENTIAL RENTAL
PROPERTIES THROUGH THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT BONDS - FIRST READING (City Attorney}
The existing ordinance of the City of Chula Vista establishing an Industrial
reven.e bonds for the financing of i.dustrial
o e the interest of public health, safety and
welfare limits the scope of such projects to industrial or commercial
structures. The ordinance expands the definition of "project" in said
ordinance so it would also include residential real property for family units
for rental purposes.
Council discussion followed with Housing Coordinator Gustafson answering
questions pertaining to the rationale for allowing the units to remain as
rental units for ten years; hiring a Trustee to monitor this aspect; the bond
issues involved; reason why the industrial development bonds are now financing
residential units; and the lack of negative aspects involved; no liability for
the City if the City sponsors the bonds; with this type of subsidy, the City
can entice developers to construct apartments in areas which may not be
economically feasible; concern with Council setting tighter or more standards
which may cause the project to fail and the waste of the money expended for
the feasibility study; the suggestion that the developers pay for the study
with the City hiring the consultant.
MSUC(Malcolm/Cox) to place the ordinance on first reading, The reading of the
text was waived by unanimous consent, passed and approved unanimously.
~ONTINUED MATTERS AND SECOND READING OF ORDINANCES
13. ORDINANCE 2038 AMENDING SECTION 8.34.020 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE REGULATION OF
HAZARDOUS MATERIALS - SECOND READING AND ADOPTION
(City Attorney)
The new ordinance incorporates the County ordinance as well as amendments to
the disclosure ordinance of the County establishing certain exemptions of
materials as directed by the Board of Supervisors. The ordinance was placed
on first reading at the meeting of 6/21/83.
MSUC(Scott/Malcolm) to place the ordinance on second reading and adoption.
The reading of the text was waived by unanimous consent, passed and approved
unanimously.
Miss Debbie Luevanos, County Health Department, stated there were no changes
to fees since the adoption of the ordinance last fall. In answer to
Councilman Moore's question, she explained the first year fee is $175 and $66
for subsequent years. This is for the disclosure program only. The
surveillance fee is based on the number of employees.
MSUC (Scott/Malcolm) to place the ordinance on second reading and adoption,
the reading of the text was waived by unanimous consent, passed and approved
unanimously.
City Council Meeting - 7 - July 5, 1983
14. ORDINANCE 2039 AMENDING SECTIONS 18.54.020, 18,54.030, 18.54.050,
18.54.060, AND 18.54.070 OF CHAPTER 18.54 OF THE
CHULA VISTA MUNICIPAL CODE ENTITLED FLOOD PLAIN
REGULATIONS RELATING TO REQUIREMENTS CONTROLLING
DEVELOPMENT OF PROPERTY WITHIN IDENTIFIED FLOOD
PLAINS IN ACCORDANCE WITH FEDERAL RULES AND
REGULATIONS - SECOND READING AND ADOPTION (City
Engineer)
When Chula Vista adopted its Flood Plain Ordinance in 1978, the Administrator
had provided the City with the Flood Hazard Base Map which defined the
lO0~year flood areas but did not designate base flood elevations, flood hazard
factors nor floodway boundaries. The Administrator has now provided this
information making it possible to bring the City's Flood Plain Ordinance and
Regulations into the final stage of compliance with the Federal Regulations.
MSUC(Scott/Malcolm) to place the ordinance on second reading. The reading of
the text was waived by unanimous consent, passed and approved unanimously.
15. REPORT OF THE CITY MANAGER
a. CITIZ~'~OM~N~S' REGARDING ZONING VIOLATION AT 1217 NAPA AVENUE
At the meeting on June 28, 1983, several residents of Napa Avenue
complained of a continuing problem with their neighbor operating an auto
repair shop at his residence. This complaint has been the subject of
official City attention and action during the past several months.
City Manager Goss stated staff will continue to pursue appropriate
remedies in order to abate the illegal activities of 1217 Napa Avenue.
Acting City Attorney Harron explained the process of prosecuting the
charges against the residents of this address. City Manager Goss stated
he would send these people the Council report.
MSUC (Scott/Moore) to accept the staff report.
b. City Manager Goss stated in connection to the work on Third Avenue, the
south bound lane will be closed beginning july ll between Park Way and
"F" Street. Traffic will be rerouted.
c. City Manager Goss announced Public Information Coordinator Cox has just ·
received national acclaim for achievement from the Association for
Education and Journalism and Mass Communication for a research paper he
prepared on Media Relations and Contents of Business News. He is
scheduled to receive this presentation at Oregon State University on
August 7, 1983.
City Council Meeting - 8 - July 5, 1983
REPORT OF CITY OFFICERS AND DEPARTMENT HEADS
16. ~EPORT CONCERNING POLICE INVESTIGATION OF ALLEGED CRIMINAL
ACTIVITY BY STARLIGHT CENTER PARTICIPANT (Director of
Public Safety)
The Police Department was directed to provide the Council with a report
concerni n9 the child molestation incident which occurred adjacent to Starlight
Center. This report included an analysis of the level of supervision at the
Center as it applies to these types of incidents. The matter was continued
from the meeting of 6/28/83 to allow Mr. Ghiloni, the complainant a chance to
review the report.
MSUC (Malcolm/Moore) to accept the report.
Herbert Hillson, 537 Hilltop Drive, Chula Vista, stated he is on the Board of
Directors at Starlight but was speakin9 as a concerned parent since he and has
a retarded son in this program. He related how the Center was first started
many years ago and until now the students have never been involved in drugs,
arson or any other criminal activity. This incident of molestation was the
first he has ever heard of. Mr. Hillson noted the concerns of Mr. Ghiloni and
his recent complaints during Starlight's construction period which delayed
construction for six months, at a cost of thousands of dollars. He "prayed"
that Mr. Ghiloni would look more favorably on retarded people addin9 that the
Council, in the future, should make Mr. Ghiloni prove every char9e made
against Starli9ht Center.
17 REPORT PERFORMANCE OF THE FY 1982-83 SHARED HOUSING PROGRAM
(Community Development Director)
a. RESOLUTION 11313 APPROVING AN AGREEMENT WITH SOUTH COUNTY COUNCIL ON
AGING FOR SHARED HOUSING PROGRAM FOR FY 1983-84
On July 27, 1982, the Council approved an agreement with East County Council
on A9ing (ECCOA) to fund a 12-month Shared Housing Program with Community
Development Block Grant funds not to exceed $20,000. That agreement expired
on June 30, 1983.
The Council appropriated $20,000 of Community Development Block Grant funds
for a Shared Housin9 Program for FY 1983-84 in the Community Promotions
budget. An a9reement for that program has been negotiated with South County
Council on Aging (SCCOA), the actual service provider under the FY 1982-83
agreement with ECCOA.
MSUC (Moore/Scott) to accept the report.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
City Council Meeting - 9 - July 5, 1983
18. REPORT CRIME WATCH COMMITTEE (Director of Public Safety)
In September 1982, the Council formed the Crime Watch Committee as a follow-up
to the Crime Prevention Committee and directed staff to return in six to nine
months with a progress report. The report from the Director of Public Safety
delineates the operation and guidelines of the Committee with a recommendation
that it be continued.
MSUC(Moore/Scott) to accept the report.
lg. REPOR_ _ T CUB SCOUT REQUEST TO CONDUCT CUBMOBILE RACES (Director of
Parks and Recreation)
Mr. Dale Laird, Cub Master of Pack 194, requested authorization for Pack 194
to stage Cubmobile Races on the east end of "I" Street between 9:00 a.m. and
noon on Saturday, July 16, 1983.
MSUC(Scott/Malcolm) to approve the request subject to staff conditions.
20. MAYOR'S
a. MSUC(Cox/Moore) for a Closed Session at the end of the meeting for
personnel reasons.
b. Mayor Cox discussed the Convention Center being proposed for location on
Unified Port District land and the Port District's accumulation of
reserve monies. Mayor Cox noted Chula Vista's desires to improve the
bayfront properties. He noted, in the past, a second military-type
entrance to the harbor has been discussed but never brought to fruition.
Mayor Cox remarked if this was a recreational type of channel, it would
enhance not only Chula Vista but also Coronado, Imperial Beach and
National City and could have a potential for being very active and vital
for these areas and use for boating activities in and outside the bay.
MS (Cox/Moore) to communicate with the Unified Port District Council's desire
for them to consider the development of a second entrance into San Diego
Harbor area and the South Bay area - somewhere along the Strand. Further, to
request them to do a feasibility study. Councilman Moore suggested wording be
put in as "recreational channel" rather than "military channel". Mayor Cox
included this in the motion.
Councilwoman McCandliss declared she did not have enough information at this
time to vote on the matter. She suggested the item be carried over to the
Redevelopment Agency meeting scheduled for Thursday, July 7, 1983.
Council discussion followed regarding the volumes of material Unified Port
District has on the second crossing. Further discussion involved the timing
element with Mayor Cox noting the "strong pitch" made by the City of San Diego
to have the Unified Port District use its funds for the Convention Center. He
added it was important for Chula Vista to relay its desires for this second
entrance noting the benefits to all of South Bay cities. Councilman Moore
suggested asking the Unified Port District for an update on the cost involved
in constructing the channel.
City Council Meeting - lO - July 5, 1983
C~q~.E__~I{D: MSUC{Cox/Moore) to ask the Unified Port District to provide
U'ia Vista and other member cities of the Port District with background
information that has been put together previously on the second entrance to
San Diego Bay and any feasibility studies or other pertinent information that
has been amassed previously so the Council can evaluate it and consider a
future recommendation.
a. Councilman Scott discussed the removal, three years ago, of the large
pepper trees in front of the library on "F" Street and the planting of
small pepper trees immediately adjacent to it stating the Council was
told these small tree plants would grow rather quickly. He remarked the
small trees are still tied to their stakes and wondered what has gone
wrong with the planting.
MSUC {Scott/Malcolm) for a report on the pepper trees.
b. Councilman Scott questioned the status of getting the ambulance company
stationed in the Bonita Sunnyside Fire Station. He said the agreement
expired as of June 30 and wondered what the staff's plans were. City
Manager Goss stated the agreement was for a five year period of time for
which the Council budgeted $35,000. Director of Public Safety Winters
reported as of last Friday, the ambulance company is now stationed at
that Fire Station.
c. Councilman Malcolm remarked he was extremely disappointed to see the only
useful part of the Bay for boating activities in South Bay was now being
turned over for the lease tern habitat. He felt the need to go ahead
with the "G" Street beach for the citizens of Chula Vista and asked what
happened to the plan. Councilman Scott recalled the plan was sent to the
Unified Port District to consider that site for a beach adding there are
two sites available for a beach: one is the rip-rap and one is "G" Street
which is now being scheduled for a shipyard.
d. Councilman Malcolm said he received several complaints of trucks using
"J" Street rather than designated truck routes throughout the City.
MS {Malcolm/Cox) for staff to bring back a report on how to curb truckers from
using streets that are not designated for truck routes.
Acting City Attorney Harron explained the legality of the truckers using
routes that are not designated as such noting that the City does prosecute the
violators. Sergeant Kelso from the Police Department has been watching "J"
Street and other areas of the City where these complaints have been received.
Councilman Malcolm withdrew his motion. Mayor Cox withdrew the
second.
City Council Meeting - ll - July 5, 1983
e. Councilman Moore stated the bus stop across the street from Del Rey High
School on Fifth Avenue is not painted red and the cars are continually
parked there. He asked for staff check this out even though it is not
within the City boundary. Councilman Scott asked staff to also check the
area at Melrose and Hilltop.
f. Councilman Moore questioned the City Manager as to when the Disaster
Control Committee is scheduled to meet. Mr. Goss said he will find out
and report back to Council.
The Council recessed to Closed Session at 8:45 p.m. The City Clerk was
excused and the Mayor reported the meeting adjourned at 9:27 p.m.
ADJOURNMENT AT 9:27 p.m. to the meeting scheduled for July 12, 1983 at 7:00
p.m.
WPG:0316C
PAG