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HomeMy WebLinkAboutcc min 1983/02/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday February 22, 1983 Council Chamber 7:00 p.m. Public Service Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Scott, Malcolm, Moore Councilmembers absent: Councilwoman McCandliss Staff present: City Manager Goss, City Attorney Lindberg, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE, SILENT PRAYER 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 February lO, and 15, 1983 MSUC(Scott/Moore) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY a. Presentation by Crafty Quilters of South Bay The "Crafty Quilters" have designed and stitched an original quilting square which they have named "Chula Vista Square". Mrs. Helen Stokes presented the Quilt Square to the Mayor and introduced the members of the "Crafty Quilters". 3. WRITTEN COMMUNICATIONS a. Request from the Bonita Optimist Club for consideration of small grader donation The Bonita Optimist Club requested donation of the surface grader so that they could use it for light grading projects including the jogging trail on property they lease from San Diego County just east of Rohr Park, City Manager Goss recommended that the decision on this be o~)layed until the Purchasing Department has advertised the grader for sale to determine its monetary value. MSUC (Moore/Malcolm) to accept the staff's recommendation. City Council Meeting - 2 - February 22, 1983 b. Request from the County of Mendocino asking the Council to join their Board of Supervisors in opposition to nuclear waste dumping off the California Coast In his written report to Council, City Manager Goss explained the request and added that the Council received an extensive report from the Oceanic Society outlining their arguments in support of the Board~s opposition to the Navy's action. Mr. Goss recommended that the Council not act on this request until they receive the information from the Navy's perspective. MSUC (Scott/Malcolm) to file this request and see if there is any additional information pertaining to it; if so, the staff is to bring this back to the Council. 4. ORAL COMMUNICATIONS Bess Pocklington, 656 Glover Place, Chula Vista, expressed her dismay of the Council renewing the contract of Nuffer-Smith for one more month at a cost of $1,700. She asked that the Council direct the City Manager to get someone on the staff trained to do this particular type of job. CONSENT CALENDAR (Items 5-8) MSC (Scott/Moore) to approve the Consent Calendar. Councilman Malcolm stated that he would be voting "no" on Item No. 5. 5. ORDINANCE 2023 AMENDING CHAPTER 8.34 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 8.34.040 RELATING TO THE TERMINATION OF REGULATIONS OF HAZARDOUS WASTE MATERIALS SECOND READING AND ADOPTION (City Attorney) On February 10, 1983, the City Council directed that the ordinance which has been adopted on second reading incorporating the County standards and regulations on hazardous waste materials be amended to include a sunset clause eighteen months after adoption. They have also asked that the resolution directed to the Board of Supervisors be revised to clearly express the desire to immediately provide some relief to the service station businesses subject to the regulations and to examine other small businesses which may be unduly burdened by the regulations, as well as to take the necessary steps to ensure a uniformity of the applications of the State law and County regulations throughout the County of San Diego. Councilman Malcolm voted "no". City Council Meeting - 3 - February 22, 1983 6. ORDINANCE 2024 AMENDING SECTIONS 10.52.090 AND 10.64.010 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS SECOND READING AND ADOPTION (City Attorney) This amendment increases the weight limitations on commercial vehicles parking in residential areas and traveling off of truck routes. The amendments bring the Municipal Code into conformity with state law. The ordinance was placed on first reading at the meeting of February 15, 1983. 7. REPORT CHULA VISTA ART GUILD REQUEST TO CONDUCT ART MARTS ON LIBRARY GROUNDS (Director of Parks and Recreation) The Art Guild has requested permission to conduct Art Marts on the Library grounds two days per month, April through November and for a waiver of the fees. The recommendation is that Council approve the request. Councilman Moore questioned having the art sales on one of the busiest corners in the City stating he was concerned with the safety factor. Director of Parks and Recreation Pfister explained that the Art Guild has been having this particular sale on this corner for the last few years and has encountered no problems. In answer to Councilman Malcolm's query, Mr. Pfister stated he was not sure of the fee amount. 8. THIS ITEM HAS BEEN DELETED End of Consent Calendar. RESOLUTIONS AND ORDINANCES 9. RESOLUTION 11175 APPROVING THE 1983 REVISION OF THE SUBDIVISION MANUAL OF THE CITY OF CHULA VISTA (City Engineer) On December 12, 1974, by Resolution 7559 Council approved use of the Subdivision Manual in the City of Chula Vista. This manual contains criteria and requirements for design and procedures relative to land development projects. It has been updated to reflect changes in the Subdivision Map Act and City requirements and to correct areas of weakness found in the original version. OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent. In answer to the Council's questions, City Engineer Lippitt explained that most of the changes that are now in the manual are those that have occurred over the last several years, since 1974. The only other key item in it is the private street standards which the Council had not considered. City Manager Goss added that it is a compilation update of current policies and based on the substantial changes of the State Subdivision Map Act. He added that if the Council so chooses this could be postponed so that more information could be given to the Council on the private street standards. City Council Meeting - 4 - February 22, 1983 The RESOLUTION as OFFERED BY COUNCILMAN SCOTT was passed and adopted unanimously. lO. RESOLUTION 11176 ESTABLISHING THE HOURLY RATE FOR OUTSIDE COUNSEL (City Attorney) The City Attorney's office maintains contact with Higgs, Fletcher & Mack regarding previous litigation matters and does some consultation work in regard to current litigation. The existing fee structure has been in effect for more than 10 years . The City Attorney requested that the hourly rates be increased to $75 per hour for attorneys, $50 per hour for law clerks and $40 per hour for paralegals. Councilman Moore requested a semi-annual or an annual report of the total fees paid to outside Counsel. 11. RESOLUTION 11177 AMENDING THE SAN DIEGO COUNTY CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGE (Assistant City Manager) Councilman Scott left the Dias at this time and stated he was abstaining from the discussion due to a conflict of interest. On October 27, 1981, the City became a si9natory member of a County-wide Joint Powers Authority (JPA) for risk management and limited authority to jointly purchase excess liability coverage. Since that time, a limited number of North County cities moved together in late 1982 and hired a consultant who assisted the active members in a successful pool purchase of liability insurance coverage. The proposed amended JPA broadens the ability of the Authority and its participating members and provides wider latitude in all areas of risk management including the joint purchase of all types of insurance and to enga9e in other risk management functions normally found in other similar risk management authorities. City Manager Goss explained the Joint Powers Agreement stating that he is recommending approval and that in the future, staff will be coming back to the Council requesting to be a more active participant in this Authority. Councilman Moore voiced his concerns: (1) what is the potential greatest asset to the City; (2) what is the cost of having a Consultant manage the program; (3) the legal ramifications, how does is increase the work load of the City Attorney; (4) and the phrase "purchase of all types of insurance" what exactly does that cover. Assistant City Manager Asmus commented that the City will be incorporating some amount of money in the budget for this particular project; that the City cannot be an active participant unless and until such time as it appoints a representative which cannot be an elected official; at the present time the City is only sharing in the buying powers of the Joint Powers Agreement. City Council Meeting - 5 - February 22, 1983 RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed an approved with Councilman Scott abstaining. 12. CITY MANAGER'S REPORT City Manager Goss reported that if the City wishes to form its own San Diego Area in the Federal Job Training Partnership Act, it has until Friday to submit its application. He asked the Director of Management Services, Jim Thomson, to explain the Act to the Council. Mr. Thomson stated that it is a Federal Program that deals mainly with the Private Sector. The Job Training Act replaces the CETA program and it provides job training to the structurally unemployed. About twenty million dollars will be available to the San Diego region during the first year. Mr. Thomson explained the alternatives the Council has: (1) allowing RETC (Regional Emplo3nnent Training Consortium)to serve Chula Vista as part of the regional "service delivery area;"; (2) establishing its own service delivery area. Mr. Thomson recommended that the City not form its own service delivery area. He also suggested Council might want to consider rejoining the RETC Policy Board. MS (Cox/Scott) to direct staff to prepare a letter to the government Board of the service delivery area and suggest that when they are designating people for the private industry council, that they give some consideration to the geographical balance. Mr. Thomson remarked that the 21-m~mbers of the private industry council have been determined on both an organizational and geographical breakdown. Mayor Cox withdrew the motion and Councilman Scott withdrew the second. 13. REPORT CITY CONTRIBUTIONS OF INCIDENTAL EXPENSES TOWARDS BLOCK ACT PROGRAM (City Engineer) At the meeting of February 8, Council accepted the report of the City Engineer on the 1911 Block Act, Phase XVI but directed staff to first make contact with the affected parties in person to explain the program including their responsibilities and the benefits of the program to both the City and the properties. The report did not deal with whether the City would pay for the incidental expenses for the program. The recommendation is that the City absorb all direct incidental expenses incurred in the project. MSUC (Malcolm/Scott) to accept the staff recommendation. 14. MAYOR'S REPORT a. Mayor Cox explained Senate Bill 142 (Ellis) which extends the preemption to local governments on regulating on-premises advertising signs. The Bill preempts cities of controlling any types of signs on existing buildings. The Senate has scheduled a hearing on February 28. MSUC(Scott/Moore) to oppose SB 142 "with great vigor" and send a letter to Senator Ellis and all of the San Diego County Legislators. City Council Meeting - 5 - February 22, 1983 RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed an approved with Councilman Scott abstaining. 12. CITY MANAGER'S REPORT City Manager Goss reported that if the City wishes to form its own San Diego Area in the Federal Job Training Partnership Act, it has until Friday to submit its application. He asked the Director of Management Services, Jim Thomson, to explain the Act to the Council. Mr. Thomson stated that it is a Federal Program that deals mainly with the Private Sector. The job Training Act replaces the CETA program and it provides job training to the structurally unemployed. About twenty million dollars will be available to the San Diego region during the first year. Mr. Thomson explained the alternatives the Council has: (1) allowing RETC (Regional Employment Training Consortium)to serve Chula Vista as part of the regional "service delivery area;"; (2) establishing its own service delivery area. Mr. Thomson recommended that the City not form its own service delivery area. He also suggested Council might want to consider rejoining the RETC Policy Board. MS (Cox/Scott) to direct staff to prepare a letter to the government Board of the service delivery area and suggest that when they are designating people for the private industry council, that they give some consideration to the geographical balance. Mr. Thomson remarked that the 21-members of the private industry council have been determined on both an organizational and geographical breakdown. Mayor Cox withdrew the motion and Councilman Scott withdrew the second. 13. REPORT CITY CONTRIBUTIONS OF INCIDENTAL EXPENSES TOWARDS BLOCK ACT PROGRAM (City Engineer) At the meeting of February 8, Council accepted the report of the City Engineer on the 1911 Block Act, Phase XVI but directed staff to first make contact with the affected parties in person to explain the program including their responsibilities and the benefits of the program to both the City and the properties. The report did not deal with whether the City would pay for the incidental expenses for the program. The recommendation is that the City absorb all direct incidental expenses incurred in the project. MSUC (Malcolm/Scott) to accept the staff recommendation. 14. MAYOR'S REPORT a. Mayor Cox explained Senate Bill 142 (Ellis) which extends the preemption to local governments on regulating on-premises advertising signs. The Bill preempts cities of controlling any types of signs on existing buildings. The Senate has scheduled a hearing on February 28. MSUC(Scott/Moore) to oppose SB 142 "with great vigor" and send a letter to Senator Ellis and all of the San Diego County Legislators. City Council Meeting - 6 - February 22, 1983 b. Mayor Cox stated he received a letter from Robert Hanson, the Executive Director of the Community Hospital of Chula Vista stating the intention of South Bay Community Convalescent Hospital, Inc., to develop a 98-bed hospital on the grounds of Community Hospital of Chula Vista. Mr. Hanson said that this project is endorsed by the Board of Directors of both the Community Hospital of Chula Vista and General Hospital. They are asking for a letter of endorsement from the Council for inclusion with the Certificate of Need application. MS (Cox/Moore) to direct staff to prepare a letter of Council support of this effort. Councilman Scott said he would like to have more information on this rather than just a "cursory" look. SUBSTITUTE MOTION. MSUC (Cox/Scott) to refer this matter to staff and report back with a recommendation at the Council Conference (February 24). c. Mayor Cox noted that a majority of the Councilmembers will be attending the National League of Cities Conference in Washington on March 8. MSUC (Cox/Scott) to cancel the Council meeting of March 8, 1983. d. Mayor Cox acknowledged and welcomed Councilmen Camacho and Van Deventer from the City of National City. e. Mayor Cox referred to the resolution received last week from National City regulating the Playboy Channel. MSUC (Scott/Malcolm) for a resolution to be brought back which parallels the language of the National City resolution (as it pertains to regulating materials on Channel 22). 15. COUNCIL COMMENTS a. Councilman Scott stated that Cox Cable TV will be coming to the Council in the next few weeks asking for an increase in their rates based on inflation. Councilman Scott stated he would like the following information from them: (1) figures for Chula Vista only; (2) that in review of the figures staff take into the account not only the basic TV service, but the other money-making programs such as Channel 22, and Home Box Office. b. Councilman Malcolm annonunced that he will not be in attendance at the Council Conference of February 24 or the Council meeting of March l, 1983. c. Councilman Moore indicated his past concerns with the operation of the Chula Vista Municipal Golf Course. City Council Meeting - 7 - February 22, 1983 MSUC (Moore/Malcolm) that the City Manager review the potential of leasing the City Golf Course and provide the appropriate data during the due course of the budget deliberations for Council's review and decision. d. Councilman Moore submitted a draft of a promotion coalition letter which will go out to a number of businesses in order to boost the promotion of Chula Vista in coordinating community activities. The first meeting of the Coalition is to be held on March 24, 1983 at 7:00 p.m. Councilman Moore stated that he would take the initiative to begin the first meeting and be responsible for the lead on this. MSUC (Scott/Moore) to go ahead with the start of this program. e. Councilman Moore referred to Item No. 7 in which the exact amount of the fee to be waived was not known. He asked that at future meetings, the Council be made aware of the exact amount of the waivers. f. Councilman Scott indicated that the Council should decide what to do with the vacant piece of property just west of the golf course. MSUC (Scott/Moore) to direct the staff within the next six-months to come back with alternatives for that piece of property and a general plan something that would be compatible with the present usage and environmentally sound. Assistant City Manager Asmus remarked that the staff may be back to the Council before the six-month period since the Golf Course is now having a parking problem. ADJOURNMENT AT 8:05 p.m. to the meeting scheduled for Thursday, February 24, at 4:00 p.m. and Tuesday March 1, 1983 at 7:00 p.m. N!rE Me~kFUL~SZ, CMC ~ WPC/0264C -~ PAG