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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, ~