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HomeMy WebLinkAboutcc min 1982/10/05STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF S~q DIEGO ) ss OF ADJOU~N~INT OF ~IETII]G CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say: That I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the regular meeting of the Council of the City of Chula Vista was held Octcber 5, 1982 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, October 6, 1982 at the hour of 9:20 am I posted a copy of said order at a conspicuous place on or near the door o~ the place at which said me~ting of October 5~ 1982 was held. ~~~ ~lerk Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, October 5, 1982 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following Councilmen present: Cox, McCandliss, Scott, Malcolm, Moore Councilmen absent: None ADJOURNMENT The Mayor adjourned ~he meeting at 9:20 p.m. until Wednesday, October 6, 1982 at 4 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista~ DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of October 5, 1982 -~ M. FULASZ , CM K 'City of Chula Vista, California MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, October 5, 1982 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmembers McCandli ss, Moore, Malcolm, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus 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 September 16, 4:00 p.m., September 21, 7:00 pm, September 25, B:O0 a.m. and September 28, 6:00 p.m. and 7:00 p.m. Councilman Moore stated he is abstaining from voting on the minutes of September 16 since he was not present at that meeting. Mayor Cox asked that the minutes of the meeting of September 23 under the "Mayor's Report" be clarified to state that the Income Property Group (IPG) received a commitment from the Bank of America for financing the "J" Street Marina Park, and not Councilman Malcolm as stated in the minutes. MSUC (Cox/Moore) to approve the minutes as amended. 2. SPECIAL ORDERS OF THE DAY a. Proclamation - Proclaiming the Month of October 1982 as "UNITED WAY AWARENESS MONTH" Mayor Cox presented the proclamation to Mr. Larry Benthien, South County Chairman of the United Way Campaign. b. Oath of Office to Newly-Appointed Commissioners: Beverly Strahl and Frank Tarantino City Clerk Fulasz administered the Oath of Office to Beverly Strahl and Frank Tarantino, newly appointed to the Human Relations Commission. 3. ORAL COMMUNICATIONS a. Mrs. Marshall Skinner, 341 Date Avenue, Chula Vista presented pictures to the Council showing the blowout from the stacks of the San Diego Gas and Electric plant in Chula Vista. Mrs. Skinner commented on the respiratory problems being experienced by her neighbor, Mrs. Johnson and family. City Council Meeting - 2 - October 5, 1982 b. Beth Pocklington, 656 Glover Place, Chula Vista complained about the San Diego Gas and Electric pollution stating that the same conditions -- exist after October 1 at which time this plant was supposed to be burning natural gas. MSUC {Scott/McCandliss) for a staff report on the SDG&E franchise - what actions start the process of renegotiations for the franchise? c. Pat Potter, 418 "I" Street, Chula Vista con~nented on the San Diego Gas and Electric pollution and how it is affecting the health of her family. d. James Berry, 885 Ash Street, Chula Vista stated that he had lab tests done on the acid fall-out from the smoke stacks of SDG&E. He has reported this to the Air Pollution Control District and has filed a Nuisance Action against SDG&E. 4. WRITTEN COMMUNICATIONS a. Request for the City of Chula Vista to consider membership i n the "WE TIP" program - City of San Marcos MSUC (Scott/Moore) to refer this to staff. b. Request for City Council endorsement of the "Can and Bottle Recycling Bill" ~ Mary Jessop, Chairman, "YES ON ll" MS (Moore/Malcolm) to file this request. Council discussion followed: Councilman Moore stated that he does not feel government should become involved in this particular kind of request it is costly and that cost will only come back to the consumer. Mayor Cox said he was voting against the motion to file this because he feel s it should be referred to the Chamber of Commerce for input. The motion failed by the following vote to wit: AYES: Malcolm, Moore NOES: McCandliss, Scott, Cox ABSENT: None MSUC (Cox/Moore) to refer this matter to the Chamber of Commerce and to the Resource Environmental Commission for a report back. MSUC (Moore/Malcolm) that in the future any items being referred to the City Council that affect the busi hess community that staff send those items to the Chamber of Commerce for their input and also to any committee or commission concerned. City Council Meeting - 3 - October 5, 1982 c. Claims against the City l) Clarence and Carolyn Epperson, 65 East Mankato Street, Chula Vista, Ca. 92010 The claim was filed in the amount of $5,500 for an alleged illegal impoundmerit of their vehicle by the Police Department. MSUC (McCandliss/Malcolm) to deny the claim. 2) Donald Mitchell, 1168 Union Street, #201, San Diego, Ca. 92101 The claim was filed in the amount of $25,000 for an alleged "unreasonable force" by a Police Officer in arresting the claimant. MSUC (Moore/Cox) to deny the claim. 3) Guillermo Amaya, 897 Woodlawn, #8, Chula Vista, Ca. 92010 The claim was filed in the amount of $5,000,000 for an arrest that allegedly caused assault, false imprisonment, emotional distress and invasion of privacy. MSUC (Cox/Malcolm) to reject the claim. d. Request for $150 towards preservation of photographs and artifacts Chula Vista Historical Society MSUC (Scott/McCandliss) to bring back a resolution appropriating the sum of $150. RESOLUTIONS AND ORDINANCES, FIRST READINGS 5. Resolution 11025 Amending Development Plan for Rice Canyon Sectional Planning Area of E1 Rancho Del Rey Specific Plan (Director of Planning) This item was continued from the City Council meeting of August 20, 1982 in order that the agreement between the developer and the City regarding the financial arrangements could be finalized. The recommendation is to approve the amendment in accordance with Planning Commission Resolution PCM-80-13A. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 4 - October 5, 1982 6. Resolution 11026 Approving Agreement with Watt Industries for the Relocation of a Proposed Fire Station Site and the --, Construction of Two Homes on Lot 319 (City Attorney) Watt Industries has requested that the City approve a revision of its Sectional Planning Area Plan in order to move the proposed fire station site from Lot 319 of the Hidden Vista Village Subdividion to Open Space Lot "F". Watt has offered to construct two single family homes on Lot 319 and to give the profits from the sale of these homes to the City as consideration for the City s approval of the requested revision. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. Resolution ll 027 Granting Easement to Sweetwater Authority for its Tank Drain in Bonita Ridge Estates Open Space (City Engineer) The Sweetwater Authority has requested authority to relocate its tank drain to tie into an existing concrete down drain within the City's Open Space Lot ll6 in Bonita Ridge Estates. The physical details of this relocation have been reviewed and approved by the Engineering Department. The Sweetwater Authority has now submitted a request for a 20-foot wide easement within which its facilities will be located. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. Resolution 11028 Approvi ng Amended Lien Agreement for Construction of Storm Drain (City Engineer) In March, the developers of the property where the Price Bazaar will be located entered into an agreement providing for a lien on their property of $30,000 to cover the cost of a retention facility. In the event that the retention basin had not been constructed by October 15, 1982, the City was given the option of installing the basin itself and recovering the cost of that work from the developers. The Council has now budgeted $150,000 toward the cost of the storm drain. The proposed agreement provides for a lien against the developer's property in the amount of ~lO0,O00 to guarantee its participation in the cost of the storm drain. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. '~ 9. Resolution 11029 Accepting Bids and Awarding Contract for Sliplining of Wal nut Avenue Sanitary Sewer Between "G" Street and "J" Street (City Engineer) On September 15, 1982, the City Engineer received the sealed bids. The work includes cleaning and inspection of existing substandard 18" and 21" concrete pipe sanitary sewers and for the insertion of high density polyethylene pipe City Council Meeting - 5 - October 5, 1982 liner into the existing sanitary sewer lines and a reconnection of specified service lines. Approximately 3,917 lineal feet of sliplining is to be installed. The resolution l) authorizes the expenditure of $200,639.30; and 2) accepts bids and award contract to Pacific Engineers and Contractors, Inc., San Diego, in the amount of $192,613.90. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Malcolm indicated that he would like to see a workshop scheduled whereby someone can inform the Council as to when negotiations can be held with the lowest bidder. MSUC (Malcolm/Scott) for staff to set a date for a Council conference to discuss laws regarding bids received by the City. lO. Resolution ll030 Authorizing Donation of Surplus Vehicles to American Red Cross (City Manager) The San Di ego County Chapter of the American Red Cross, more particularly the South Bay Service Center located in Chula Vista, has requested the City to consider donating a vehicle that is no longer needed by the City. A 1966 3/4-ton Ford pickup recently surveyed by the Parks and Recrecation Department will be sold at auction in the near future. The vehicle does run but needs extensive body and mechanical work. The American Red Cross have mechanics and feel that they can repair the vehicle and put it into good use. The Purchasing Agent estimates the vehicle would bring about $350 at auction. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Scott questioned the legality of donating surplus equipment. City Attorney Li ndberg explained that this i s covered in the Purchasing Code. MSUC (Scott/Moore) to set up a criteria for donation of surplus property. ll. Resolution ll031 Establishing the Dates of October ll Through October 29, 1982 as an Open Period for the Issuance of a Cardroom License At the meeting of September 28, 1982, the City Council offered two amendments to the existing cardroom license ordinance: l) raising the monthly fee to $60 per table; and 2) requiring identification badges be worn by all employees at all times when they are present in a cardroom, even i f not on duty. In addition, the Council directed that the staff proceed with the conduct of a drawing for the one available cardroom license. A resolution has been prepared establishing the date of November l, 1982 for such a drawing. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 6 - October 5, 1982 Mr. Lee Varon, 318 "G" Street, Chula Vista stated he is representing three (3) cardrooms and requested postponement of the issuance of cardroom licenses until they can present documentation to the City Council proving that the cardrooms are not making money in the City. 12. Ordinance Amending Section 18.12.140 of the Municipal Code Relating to the Time of Expiration of Tentative Maps and the Extension of Tentative Maps - First Reading and adoption (City Attorney) On June ll, 1982, the Governor signed an emergency bill amending the State Subdivision Map Act Section 66452.6 which established a new timeframe for the life of an approved or conditionally approved tentative map, as well as a new timeframe for the extension thereof as established by ordinance of local communities. Tentative maps will now run for 36 months with the possibility of an extension for an additional 36 months. City Attorney Lindberg requested a continuance of one week on this item. MSUC (Scott/Moore) to continue the ordinance for one week. 13. Ordinance 2007 Amending Chapter 5.37 and Adding a New Chapter 9.17 to the Municipal Code, all Relating to the Regulation and Prohibition of the Distribution of Drug Paraphernalia in the City of Chula Vista (City Attorney) At the Council meeting of September 28, 1982, Mayor Cox recommended, and the City Council acted, to bring back an ordinance constituting a total ban on the display or distribution of drug paraphernalia in the City of Chula Vista. MSUC (Moore/Scott) to place the ordinance on first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 14a. Resolution Approving an Agreement Between City of Chula Vista and Watt Industries for Payment of Assessment Engineering Services (Summit Point Assessment Di strict) b. Resolution Approving an Agreement Between the City of Chula Vista and Willdan & Associates to Provide Assessment Engineering Services for Summit Point Assessment District No. 83-1 (City Engineer) At the Conference on September 26, 1982, Council directed staff to begin the proceedi rigs for the assessment district. The first item to be accomplished will be to hire the assessment engineer, Will dan & Associates. Total fee for this service is $20,000. I IT City Council Meeting - 7 - October 5, 1982 City Manager Cole asked that the two resolutions be deleted from the Agenda. Staff will bring this back at a future time when the agreements have been -- signed. MSUC (Scott/Malcolm) to delete these items. 15. Ordinance 2005 Amending Chapter 5.20 of the Chula Vista Municipal Code Rel ati ng to Cardrooms Second Reading and Adoption (Director of Public Safety) At the meeting of September 28, 1982, the City Council modified the existing cardroom ordinance to require identification badges to be worn at all times by the employees when present in a cardroom, even if not on duty and to raise the fees per table from $30 per month to $60 per month. The ordinance is now ready for second reading and adoption. Councilwoman McCandliss questioned raising the fees from $30 to $60. She expressed her desire for a staff report on the fee structure for cardrooms: how many times have the fees been raised in the past several years, and is the increase as recommended justified? MSC (Scott/McCandliss) to delete Section 5.20.050 from Ordinance No. 2005 as proposed. (Increase in cardroom license fees) Council discussion followed during which Director of Public Safety Winters discussed the proposed fee increase. Councilman Malcolm stated he was voting against the motion for the deletion because he does not feel that cardrooms promote the health or benefit to the City of Chula Vista. Mrs. Orbia Sallis, 1074 Oaklawn Avenue, Chula Vista stated that she feels the cardroom Xanadu is being discriminated against by the Council. She said she is speaking for 25-30 women who play cards there and they would like to have the Council allow playing on Sunday and the game of "pan" reinstated. MSUC (Scott/McCandliss) to place the ordinance on second reading and adoption (as amended). Mayor Cox stated that the three (3) cardrooms now operating in the City of Chula Vista are doing a good job and policing is not a problem. He added that at the 1 ast meeting a Mr. Terry C1 opper made some derogatory remark s concerning the Di rector of Public Safety. Mayor Cox stated that these comments were unjustified and unsubstantiated, that Mr. Winters is an outstanding individual and he (Mayor) has total confidence in the job Mr. Winters is doing for the City. 16. Ordinance 2006 Amending the Open Space Chapter 17 of the Municipal Code - Second Reading and Adoption (Director of Parks and Recreation) At the September 28, 1982 Council Meeting, Council approved the amendments to the Open Space Chapter of the Municipal Code in accordance with City Council Meeting - 8 - October 5, 1982 recommendations submitted by staff. The ordinance will now be placed on second reading and adoption. MSUC (McCandliss/Scott) to place the ordinance on second reading and adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. REPORT OF THE CITY MANAGER a. Report on Restoration of County Health and Old Court House Property (Assistant City Manager) The Assistant City Manager submitted a report to the Council on past actions of the City Council in authorizing the temporary location of mobile home coaches on formerly County owned property utilized for Court facilities from 1975 until 1982. MSUC (Malcolm/Scott) to accept the report. b. City Manager Cole submitted a schedule of the Council conferences and a tour through the month of November noting that the Council tour is scheduled for Saturday, November 6. c. City Manager Col e noted the number of pending items for Council conferences stating that there will not be a scheduled conference in November because of the Thanksgiving holiday. He asked if the Council would like to meet on the second Thursday instead. MSUC (McCandliss/Moore) not to hold a Council conference in the month of November. d. City Manager Cole reported that the Board of Supervisors will be considering Supervisor Hedgecock's recommendation on October 12 to charge a fee for keeping people i n the County Jail that are not automatically charged with crimes. City Manager Cole stated that the staff has recommended opposition to this recommendation. MSUC {Scott/McCandliss) to strongly oppose this reconmnendation and to have someone from staff attend that meeting and relate the Council's opinion on it. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 18. Report of Status of Investigation into Sewage Odors in the Vicinity of Bay Boulevard and "j" Street {City Engineer) The Engineering staff investigated the source of objectionable odors in the vicinity of the Bay Boulevard and "J" Street intersection and has identified the primary source of odors in the area as the sewage metering station at the northwest corner of the subject intersection. They have submitted some corrective actions to prevent the emission of future unpleasant odors. MSUC {Moore/Malcolm) to accept the report. City Council Meeting - 9 - October 5, 1982 19. Report: Parking Fees at Rohr Park (Director of Parks and Recreation) -~ At the September 21, 1982 meeting, Council considered a recommendation to i, install parking meters at Rohr Park. Staff has submitted a detailed analysis of the fee structure and mai ntai ns that the only parking fee that would be in consonance with the full cost recovery program presently under study is twenty-five cents per hour. Any other fee will cost the City approximately $9,002 to $12,512 annually after the first year, at the minimum, to provide the services of an additional Park Warden. Director of Parks and Recreation Pfister referred to his written report explaining the formula for the recommendation of twenty-five cents an hour parking fee. Councilman Moore commented that he is looking at having a Park Warden only on weekends and holidays. Councilman Scott added that it should also include summer and weekends at the parks. MSC (Moore/Malcolm) to accept the report (installing parking meters charging twenty-five cents per hour for parking). Council discussion followed. Councilwoman McCandliss indicated there were two issues: l) the parking problem along Sweetwater Road, and 2) the need to have a Park Warden in the park area and charging the patrons for this service. Further discussion involved the installation of the parking meters as being premature; not coming up to any solution to the parking problem; having the County give the triangular piece of property on the corner of Central and Sweetwater Road to the City and have this used as a park and ride area to the park. MSUC {Scott/Moore) for the staff to come back with a report in 180 days (on how the parking meters are functioning). MS (CoxMoore) to ask staff to look into the current parking that is now available in Rohr Park and to come back with a recommendation for possible expansion of the parking facilities as deemed necessary. City Manager Cole explained that the Council already directed staff to look into this parking problem at Rohr Park and also that of the Regional Park. Mayor Cox withdrew his motion, Councilman Moore withdrew his second. 20. Report on Status of Sweetwater Ball fields (Director of Parks and Recreation} For several years negotiations have been ongoing with the County Board of Supervisors in order to obtain joint powers agreement to provide additional public ballfiel ds. Agreement to jointly develop a parcel of County property behind the Brookside Winery on Bonita Road failed to occur because of County's reluctance to share continuing maintenance costs. As an alternative, the City was offered Fee Title to County-owned Provence Park, a 22 acre fully developed park adjacent to Rohr Park, but no accompanying funds to assist i n the continued maintenance. City Council Meeting - lO - October 5, 1982 The recommendation is that Council direct staff to advise County that the City does not desire to accept Fee Title to Provence Park unless County agrees to share maintenance costs on an equitable basis until such time as the surrounding area becomes part of the City through annexation. MSUC (Malcolm/McCandliss) to accept the report. 21. Report of Overwatering at "J" Street Marine (Director of Parks and Recreation) In response to a citizen complaint, staff determined that two areas appear to be overly saturated (both still under Port District control) and are being landscaped with trees and grass stolons. This newly planted material requires a continuously wet condition until growth in ensured. The method of irrigation leaves water "sitting on top", giving the appearance of overwatering. In addition, Port District Landscape Supervisors state they have just recently corrected a severe overwatering problem that was attributable to improper irrigation system design and an improperly set water pressure regulator. The Port District has given assurance that a more concerted effort will be made to improve their landscape contractor's responses to system mal functions and to monitor water application more closely. MSUC (Malcolm/Scott) to accept the report. 22. Report Concerning Alternatives to Locking up the Restrooms in Memorial Park (Director of Public Safety) At the City Council meeting of September 21, 1982, staff was directed to close the restrooms at the east end of Memorial Park. Additionally, Council directed staff to study alternatives to the action taken. The Director of Public Safety submitted the report asking authorization to reopen the restrooms in Memorial Park. MSUC (Moore/Malcolm) to table this item until the next Council Conference. Mayor Cox noted the request from the Downtown Association asking that the restrooms be open for their celebration event on October 16. MSUC (Cox/Moore) to open up the restrooms for this particular weekend. Council discussion followed regarding the recommendation of the Director of Public Safety and receiving specific requests for opening of the restrooms for different events. MSC (Moore/Scott) to remove the motion from the table. (Councilman Malcolm voted no.) City Council Meeting - ll - October 5, 1982 Discussion followed at which Councilman Scott felt that the entire matter should be discussed prior to October 16 so that the Council could discuss what they will do in the long run on opening up the restrooms. MSUC (McCandliss/Malcolm) to continue this item until October 14 at 4:00 p.m. MAYOR'S REPORT 23a. MSUC (Cox/Scott) for a Closed Door Session at the end of the meeting for personnel matters. b. To schedule a Council meeting to follow the Redevelopment Agency meeting on Thursday, October 7 to discuss the Telegraph Canyon Road extension; setting the matter for a public hearing for acquisition of a right-of-way and authorizing a preliminary Letter of Appraisal and Order of Immediate Possession for that property. c. MSUC (Scott/McCandliss) ratification of the appointment of Rudolf H. Hradecky to the Safety Commission. COUNCIL COMMENTS 24a. Councilman Moore discussed the letters being sent to the Editor of the Star News concerning the accidents on Telegraph Canyon Road. It was noted by the City Engineer that the improvements along this roadway will be completed within the next two years, that staff will be going out to bid within the next 4-6 weeks. b. Councilwoman McCandliss discussed the rezoning on "J" Street. She stated she brought this up about three weeks ago noting that last November the Council directed that the Planning Commission consider an R-1H zoning on that "j" Street property. She has now been informed that notices have gone out for the October 13th Planning Commission meeting for this rezoning along with a simultaneous rezoning by a developer who has a project for this property and is requesting R-1P zoning. Director of Planning Gray explained that the application for the R-1P zoning was filed on September 16 and that the City is legally bound to take that application and to set it for a public hearing. It was his recommendation that since the Planning Commission will be considering the R-1H zoning on October 13 that this R-1P zoning be considered simultaneously. Mayor Cox reminded the Council of the interviews scheduled for tomorrow, October 6 beginning at 4:00 p.m. The Council will be interviewing applicants for the Library and Parks and Recreation Commission. The Council recessed to Closed Door Session at 8:50 p.m. The City Clerk was excused and the City Manager reported that the meeting ended at 9:20 p.m. ADJOURNMENT AT 9:20 p.m. to the meeting scheduled for 4:00 p.m. on October 6; to the meeting scheduled on October 7 immediately following the Redevelopment Agency meeting; and to the regular meeting scheduled for 7:00 p.m. on October 12, 1982. '! ') T