HomeMy WebLinkAboutcc min 1982/12/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CNULA VISTA, CALIFORNIA
Tuesday - December 21, 1982 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers presents: Mayor Cox, Councilmembers McCandliss,
Scott,Malcolm, Moore
Councilmembers absent: None
Staff present: City Manager Cole, 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 MINtF~ES for the meetings of December 9, and December 14, 1982
MSUC (Scott/Moore) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
RESOLUTION llll8 COMMENDING LANE F. COLE, CITY MANAGER
Mr. Cole has worked for the City of Chula Vista since October 1961 as
Public Works Director and as City Manager.
By this resolution, the Mayor and City Council are commending Mr. Cole for
his services to the City.
Mayor Cox read the resolution commending City Manager Cole for his services to
the City and presented Mrs. Cole with a corsage. Mayor Cox remarked that a
banquet is scheduled on December 30 honoring Manager Cole at the Chula Vista
Country Club and that the public was welcome to attend.
3. WRITTEN COMMUNICATION
a. Request from Rev. H. Morgan Whittaker to amend Section 19,58.110 of the
City Code regarding church attendance parking on City streets.
Rev. Whittaker requested that the words "church" and "religious" be
deleted from the Code Section to avoid "any taint of unconstitutionality."
MSUC (Cox/Malcolm) referred to staff.
AGENDA - 2 - December 21, 1982
PUBLIC HEARINGS AND RELATED RESOLUTIONS
4. PUBLIC HEARING HEARING CONSIDERING ACQUISITION OF A DRAINAGE EASEMENT
THROUGH EMINENT DOMAIN (Continued from December 14)
(City Engineer)
a. RESOLUTION DECLARING THE NECESSITY OF AND AUTHORIZING CONDEMNATION
OF AN EASEMENT FOR DRAINAGE PURPOSES SOUTH OF OTAY
VALLEY ROAD (City Engineer)
As a condition of approval of Chula Vista Tract No. 81-6, Otay Industrial
Park, the developer was required to grant to the City an off-site drainage
easement.
The drainage easement was required to provide an improved outflow from the
subdivision to reach the river-bed rather than flowing freely across private
property. The drainage system will be carrying waters collected from public
streets which will be dedicated on the final map of Chula Vista Tract 81-6.
Since the drainage system will carry water from public streets, the City
Engineer stated that the proposed condemnation to acquire the drainage
easement is in order.
Mayor Cox noted a written communication from Mr. Cook, E.F. Cook & Associates,
requesting a continuance to January ll, 1983.
Mr. Spata, attorney for United Enterprises agreed to the continuance and asked
that the matter be resolved "one way or the other" at that meeting.
MSUC (Scott/Cox) to continue this Public Hearing to January ll, 1983.
5. ORAL COMMUNICATION
Niek Slijk representing the Chamber of Commerce expressed concern regarding
trucks over a certain weight using Third Avenue between "E" and "G" Streets
ruining the bulminite paving. He suggested the trucks be diverted to 4th
Avenue.
MSUC (Scott/McCandliss) to refer this matter to staff for report back.
Mr. Slijk requested a restriping of the crosswalk on Third Avenue between "E"
and Davidson Street.
MSUC (Scott/Malcolm) referred to staff and if they find a need for restriping
to go ahead with it.
AGENDA - 3 - December 21, 1982
RESOLUTIONS AND ORDINANCES - FIRST READING
6. RESOLUTION llll9 DESIGNATING ADMINISTRATIVE ENTITY MANDATED BY
A.B. 941 (Continued from December 14) IDirector of
Planning)
By January 1, 1983 the City is required by a new state law to establish a
single administrative entity to provide information on the status of all
permits for residential developments.
The Director of Planning reports that the City's Delivery of Technical
Services program IDOTS) created in 1976 meets the requirements of this new law
and, that it is a logical and cost efficient method for the implementation of
A.B. 941.
Currently Mr. Sid Morris, Principal Analyst will be the City's DOTS Program
Manager.
RESOLUTION OFFERED by Councilman Moore, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
7. RESOLUTION 11120 APPROPRIATING FUNDS FOR EXPENSES ASSOCIATED WITH
RECRUITMENT AND SELECTION OF CITY MANAGER {Acting
Director of Personnel )
When the budget for the Personnel Department for 1982-83 was prepared, it was
not anticipated that the City would be recruiting for a new City Manager;
consequently, no funds were al 1 ocated for expenses associated with this
recruitment.
The resolution appropriates the sum of $4,000 to cover expenses incurred in
the recruitment and selection of the City Manager.
RESOLUTION OFFERED by Councilwoman McCandliss, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
8. RESOLUTION lll21 RECOGNIZING CITY EMPLOYEES SELECTED TO RECEIVE BONUS
INCENTIVE PROGRAM AWARDS FOR NOVEMBER 1982 {Acting
Director of Personnel )
The Bonus Incentive Program was implemented last year to recognize and reward
employees for exceptional performance to the City. The employee committee
charged with selecting "BIP" recipients recommended the following eight
employees to receive the award for the first half of 1982-83:
NAME DEPARTMENT NAME DEPARTMENT
Mary Ann Barbieri Administration Jim Pearl Management Services
Juan Castillo Public Works Nancy Ripley Management Services
Ruth Demarest Community Dev. Ben Strong Public Works
Penny Mitchell Library Angie Tsuneyoshi Library
AGENDA - 4 - December 21, 1982
Director of Personnel, Candy Holladay, presented the BIP checks to the
employees. In answer to Council's questions, Miss Holladay explained the
Committee structure, policy and criteria in selecting the award recipients.
Councilman Malcolm asked that in future award presentations, a copy of the
criteria selection be included in summarized form.
RESOLUTION OFFERED by Mayor Cox, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
9. RESOLUTION 11122 APPROVING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND
THE CITY OF CHULA VISTA FOR CHULA VISTA TO PROVIDE
AUTOMATED LIBRARY CIRCULATION SERVICES (Library Director)
On June 15, 1982 by Resolution 10902, Council approved the purchase of an
Eclipse S-140 central processin9 unit (CPU) to replace the present Nova unit
and supported the concept of a mutually beneficial agreement with neighboring
libraries whereby the City of Chula Vista would provide automated circulation
services to these libraries. Subsequently, a proposed agreement was fashioned
as a joint effort of the National City and Chula Vista Library staffs.
RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
lO. RESOLL~ION 11123 ACCEPTING BIDS AMD AWARDING CONTRACT FOR
CONSTRUCTION OF TOWNSITE PARKING STRUCTURE IN
THE CITY OF CHULA VISTA, CALIFORNIA ICity
Engineer)
On December 14, 1982, the City Engineer received the sealed bids for work
which includes the construction of a parking structure, earthwork, landscaping
and irri 9ation system, masonry work, and electrical work.
Acceptance of the resolution authorizes the trustee to expend the amount of
$2,680,000 from the proceeds of the Certificates of Participation as described
in the Trust Agreement between the City and First Interstate Bank of
California.
By this resolution, the Council accept the bids and awards the contract to
C.E. Wylie Construction Co., San Diego, in the amount of $2,468,000.
RESOLUTION OFFERED by Councilman Malcolm, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
11. RESOLUTION 11124 ESTABLISHING THE RATE FOR THE UTILITY USERS'
TAX BETWEEN 1/1/83 AND 6/30/83 ICity Attorney)
The City Council at the meeting of Tuesday, December 14, 1982 conducted a
public hearing as required by Section 3.44.150 of the Chula Vista Municipal
AGENDA ~ 5 - December 21, 1982
Code to consider the possible adjustment of the utility users' tax. After
taking testimony, the Council determined to allow the tax to remain at its
present level.
RESOLUTION OFFERED by Councilman Moore, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
UNANIMOUS CONSENT ITEM
llA. RESOLUTION 11125 ACCEPTING QUIT CLAIM DEED TRANSFERRING
INTEREST IN LOT #7 OF TOWN CENTRE FOCUS AREA
SUBDIVISION
Redevelopment Agency staff is finalizing the paperwork for the sale of
Certificates of Participation to finance the Town Centre Parking Structure.
With this method of financing the City must own the property (Lot 7) with a
clear title.
RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
12. RESOLUTION 11126 AWARDING CONTRACT FOR TELECOMMUNICATIONS
CONSULTANT SERVICES -Continued from 12/14/82 -
IAssistant City Manager)
On December 14, 1982, the City Council continued the resolution awarding a
contract for telecommunications consultant services and requested that john
Goss, the City's new Manager, be contacted for his input regarding the need to
employ a consultant to conduct this first phase study of the telephone
system.
Mr. Goss indicated his difficulty in responding to this matter without having
the advantage of the background information available to staff in arriving at
its recommendation,
The Assistant City Manager recommended that the Council award the contract to
Victory & Associates of Mill Valley, California.
RESOLUTION WAS OFFERED by Councilman Scott. The reading of the text was
waived by unanimous consent, passed and approved unanimously.
13. ORDINANCE 2015 AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE TO RESTRICT
INTERESTS OF CARDROOM LICENSEHOLDERS TO ONE CARDROOM ONLY
- SECOND READING (City Attorney)
In light of the dispute that arose as to the proper form of deposit for
investigative services of cardroom license applications, the City Council
directed that the cardroom license ordinance be amended to prohibit any
combination of interests among cardroom license owners.
AGENDA - 6 - December 21, 1982
The ordinance was placed on first reading at the meeting of
December 14, 1982.
MSUC/Scott/Moore) to place the ordinance on second reading and adoption. The
reading of the text was waived by unanimous consent, passed and approved
unanimously.
14. ORDINANCE 2016 ESTABLISHING A COMMISSION ON AGING SECOND READING
(Assistant City Manager}
On September 21, 1982, the City Council accepted a report from the Mayor's
Ad Hoc Committee on Senior Affairs recommending that a Commission on Aging be
established. The City Council directed that an appropriate ordinance be
drafted creating such a commission. The ordinance was prepared by the City
Attorney's Office and placed on first reading at the meeting of
December 14, 1982.
MSUC (McCandliss/Malcolm) to place the ordinance on second reading and
adoption. The reading of the text was waived by unanimous consent, passed
and approved unanimously.
15. REPORT TO THE CITY MANAGER
a. REPORT COSTS INCURRED BY THE CITY IN CONNECTION WITH THE PORT
DISTRICT PROPERTY (City Manager)
In a written report to Council, City Manager Cole explained that at its
conference on 10/28/82, the Council directed staff to investigate and report
back on the costs incurred by the City in connection with Port District
property. In addition, Council requested staff to contact the cities of San
Diego and National City and other local agencies with common boundaries to the
Port District to ascertain what actions they were taking in relation to cost
reimbursement.
The staff reported that the Port District has common boundaries with five
cities including Chula Vista, San Diego, Coronado, National City, and
Imperial Beach. Of these cities, the Port District currently has
reimbursement contracts with the City of Chula Vista and the City of San
Diego.
As evidenced by its existing contracts with the cities of San Diego and
Chula Vista partial and full cost reimbursement contracts is not a new
phenomenon to the Port District. Essentially the Port District is purchasing
a direct service and provides either full or partial reimbursement via a
contract for service.
The Port Director stated that his staff was open minded to reimbursement and
would approach it from a logical format dealing with what is fair and
appropriate for reimbursement to the various agencies throughout the County.
AGENDA - 7 - December 21, 1982
If the City pursues a reimbursement contract with the Port District for police
services, the City could receive an increase in revenues in the amount of
approximately $83,123 per year, under its adopted full cost recovery formula.
MSUC (Cox/Scott) to accept the report.
15b. City Manager Cole recommended that Mr. Gene Asmus be appointed as Acting
City Manager until the new City Manager comes on board on January
1983.
MSUC (Cox/Malcolm) to appoint Mr. Asmus as Acting City Manager during the
interim period.
15c. Mr. Cole stated this was his last City Council meeting. He thanked the
Council and staff for all the support and cooperation he has received
throughout his tenure as City Manager.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
16. REPORT REVISION OF CHULA VISTA DESIGN STANDARD DRAWINGS l, 2 and
3, TYPICAL STREET SECTIONS (City Engineer)
Chula Vista Street Standards presently call for 8 feet of right-of-way to be
located outside the curb lines on both sides of all street sections except for
hillside streets and prime arterials. The County of San Diego and all other
cities in the area provide ten feet of right-of-way outside the curb lines in
most cases. San Diego Gas and Electric and other utilities have requested
modification to the Chula Vista Street Standards to similarly provide
ten feet.
The City Engineer recommended that Council set January 18, 1983 as the date to
conduct a public hearing relative to this revision. Councilman Malcolm asked
that the staff report include (1) the extensions for the final maps - it would
be appropriate to have the developers grant the extra two feet before the
final map is approved and (2) that developers are willing to dedicate the
extra two feet on those current tentative maps if staff would contact them -
it could save SDG&E several thousands of dollars in the future.
Councilman Scott indicated that this should be discussed at the public
hearing.
MSUC (Scott/McCandliss) to accept the staff's recommendations and set the
hearing for January 18, 1983.
17. REPORT DONATION OF LIVING CHRISTMAS TREES TO CITY IDirector of
Planning)
Because of the immediate potential for obtaining living Christmas trees from
individual s following the holiday season, the Council felt it would be
advantageous for the City to establish an interim program this year to be
followed by a more complete program prior to the 1983 Christmas season.
AGENDA - 8 - December 21, 1982
The Director of Planning reported that the designated official to handle tree
donations will be John Crouse, Director of Public Works Operations. The
address of the Public Works office is 707 "F" Street and the phone number to
call is 691-5027.
Mayor Cox asked the City Clerk to contact the newspapers with this information
so that individuals, wishing to do so can donate their living trees to be
planted in the City parks.
MSUC (Cox/Scott) to accept the report.
18. REPORT VIDEOCASSETTE MATERIAL IN THE LIBRARY (Library Director)
At the November 9, 1982 Council meeting, concerns were expressed regarding the
library's video cassette program and a report and recommendations were
requested regarding the thrust of that program. Those concerns, along with
the findings and recommendations of the Library Board of Trustees were
submitted to the Council. Library Director Lane submitted a written report
discussing the changing role of the Library in today's society and the current
interests in video cassettes. She concluded that public libraries have been
handicapped until recently in building their video cassette collections
because a large part of the video cassette production has been in the
entertainment classification. However, this situation is changing so that
more educational and informational cassettes are now becoming available.
Miss Lane added that the Library collection appears to be well balanced at
this time in light of the availability and demand for library material and
every effort will be made in the future to maintain a proper balance.
Councilman Malcolm expressed his concern regarding the type of videocassettes
being purchased and the amount of money budgeted for this department. He
suggested a more appropriate use of the money would be to provide better
patron services, purchase more reading material and/or educational
videocassettes. Councilman Malcolm noted that the letter from the Library
Board of Trustees states there is no regulation prohibiting the use of VCR
material; anyone can challenge the use of the materials; 23.6% of the
videocassettes purchased last year were entertainment cassettes; inventory
might enrich the people. Councilman Malcolm felt the report was not adequate
and did not elaborate as to why this particular type of videocassettes were
being purchased.
In answer to Council's query, Senior Librarian McMartin stated that the 16 mm
department has been in existence for over lO years and the videocassettes for
over two years.
Council discussion followed regarding the budgeting of this library material;
the type of videocassettes which could be termed "frivilous"; the question of
being a member of the Serra system; the purpose of the library which is to
provide public service; Chula Vista has the finest library in San Diego County
· "'1
AGENDA - 9 - December 21, 1982
and shouldn't be competing with private enterprise. He stated first run
movies should be rented from private stores and educational VCR's that are
classical will not be found in privately-operated stores.
Councilwoman McCandliss commented on her concerns in building up the VCR
Library stating it is too specialized and too specific. She suggested a
continuance of this matter until budget time.
MSC (Scott/Cox) to 1 ook at this again at budget time.
Councilman Moore suggested direction (or advice) be given to the City Manager,
Staff and the Library Board to have the City Manager directed to justify the
videocassette and film program given the present level, the potential growth,
the in-depth backup information and future costs. Councilman Scott included
this in his motion; Mayor Cox agreed to the second and the motion carried
unanimously.
19. MAYOR'S REPORT
a. Mayor Cox reported that Councilman Malcolm has been appointed to the
League Administrative Policy Committee and suggested his transportation
expenses be paid to attend the meetings.
MSUC (Cox/McCandliss) to pay transportation expenses for Councilman Malcolm to
the League Administrative Policy meetings.
b. Mayor Cox and the Council commended City Manager Cole on his services to
the City.
c. Mayor Cox and the Council extended Holiday Greetings to all the citizens
of Chula Vista.
20. COUNCIL COMMENTS
a. Councilman Moore reported on the Pacific Waste Energy Site Selection
Committee which hasn't met yet formally. Three members are to work with
SANDAG but are now working individually. Four sites in the South Bay
have been looked at as far as size and location and these will be
reviewed by the individual members.
b. Councilman Malcolm reported that the Legislative Committee approved to
bring before the Council two Bills: one now before the Senate (9X) and
one before the Assembly (18X) regarding reverse bail-out which will take
away all DMV tax, cigarette tax, etc.
MSUC {Malcolm/Moore) to instruct the Mayor to write a letter expressing the
Council's concerns to State Senator Deddeh and Assemblyman Peace.
AGENDA - lO - December 21, 1982
c. Councilman Malcolm said he visited the golf course and talked to golfers
and the Pro regarding the 9opher problem.
MS IMalcolm/Moore) to direct City Manager to bring back report to hire a firm
or do whatever is necessary and bring back a report on being able to curb the
gopher problem at the Chula Vista golf course.
Councilman Scott stated that the Council should direct the City Mana9er to
immediately solve this problem.
SUBSTITUTE MOTION
MSUC (Malcolm/Scott) to direct the City Manager to immediately solve, in
whatever way he feels is appropriate, the gopher problem at the Chula Vista
golf course.
ADJOURNMENT AT 8:10 p.m. to the meeting scheduled for Tuesday, January 4, 1983
at 7:00 p.m.
WPC/PAG 0229C Jennie M. Fulasz, CMC, ~