HomeMy WebLinkAboutcc min 1982/02/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday, February 16, 1982 - 7 P.M. Council Chamber, Public Services Building
ROLL CALL
Councilmen present: Mayor Cox, Councilmembers McCandliss, Scott, Gillow, Campbell
Councilmen absent: None
Staff present: Acting City Manager Asmus, City Attorney Lindberg,
Development Services Administrator Robens
The pledge of allegiance to the Flag was led by Mayor Cox, followed by a moment of silent
prayer.
1. APPROyAL OF MINUTES for the meetin~ of February 9, 1982.
Mayor Cox requested that page 9, item 19.f. of the February 9 minutes clarify that the
grand opening ceremonies of the South County Regional Center on March 4 are scheduled
at 11:30 a.m. with tours thereafter until 9:00 p.m.
Councilman Campbell noted an error in recordation of his vote on item 20.a. concerning
his appointment to the LAFCO Advisory Committee. He stated that ahe~in~te, s~s'~ould
reflect abstention~for the reasons givenTrather ~han a '!no"'vote;< ".
MSUC (McCandliss/Scott) to approve the minutes as amended.
2.SPECIAL ORDERS OF THE DAY - None
3.ORAL COMMUNICATIONS
a. Don Roberts of Senator S.I. Hayakawa's staff gave a report on legislative matters com-
ing through the Senator's office, and noted particular interest in passage of the
bills concerning English as the official language and the Guest Worker Program. He
stated that he would be making monthly legislative presentations (on the third Tuesday
of the month) to the Council; that the Senator is organizing a community seminar on
Immigration, Border Patrol and Customs; and that on behalf of the Senator he conducts
investigations of all constituent problems with particular emphasis on Immigration,
Social Security and Veterans.
b. Jon Miller, 46 Alvarado Place, admonished the Council for postponing action to request
investigation of the rate making procedures of SDG&E and the Public Utilities Commissi
n. In response to Mr. Miller's comments, Mayor Cox pointed out that Council's action
was to ask the PUC to conduct an audit as a first step to determine if there are
elements of mismanagement prior to,calling for a full scale investigation.
c. Bruce Freeman, representing the Chula Vista Elks Lodge, thanked Council for the
Proclamation declaring this week as Americanism Week, and presented Elks Club decals
for each Councilmember.
d. Noting the intent to speak of several individuals regarding the increase in space
rents at Brentwood Mobilehome Park, Mayor Cox called upon Housing Coordinator
Gustafson to report on the status of discussions with the park owner. Mr. Gustafson
outlined the City's participation on this issue beginning in January 1981 upon receipt
of a letter from George Hilger. Subsequently, meetings were held with the Golden
State Mobilehome Owners League and the Western MobilehomeAssociation and studies were
conducted which led to formation of the ad hoc Committee on Mobilehome Issues for the
purpose of facilitating additional development of mobilehome park spaces in the City.
In January 1982, another letter was received from Mr. Hilger specifically regarding
the mobilehome space rents at Brentwood, and as the result of Council direction, a
meeting was held with the ad hoc Committee on January 22. Based upon their recommend-
ation, members of the Committee representing Golden State met with the Dave Loretz,
owner of Brentwood,, to determine his intention with regard to a rent increase. Mr.
City Council Meeting -2- February 16, 1982
Gustafson then met with Mr. Loretz on February 2, and on February 9 a meeting took
place among members of the Golden State League, tenants of Brentwood and Mr. Loretz
and no agreement was reached.
Mayor Cox noted receipt of approximately 800 letters and a petition signed by 280
residents of Brentwood Mobilehome Park urging the Council to assist the park residents
in bringing the rents into line with comparable mobilehome space rents within the City
of Chula Vista .
The following residents of Brentwood spoke requesting Council's intervention and urged
adoption of an urgency ordinance declaring a moratorium on further rent increases:
Harold Duncan, George Hilger, Cliff Roland, and Fred Randall. In addition, Joe Stern,
6923 Amherst Street, San Diego, representing the Congress of Seniors/Coalition of
Elders (COSCOE), requested that the Council take steps to preserve the "dignity" of
elderly people living in mobilehome parks.
Jim Sterrit, attorney representing Mr. Loretz, responded to the Mayor's queries, stat-
ing that a productive meeting was held this morning with a representative of Brentwood
and that corrective steps were placed in motion to address the particular concerns of
the residents and that amendments would be made to the lease.
Nancy Rowe, 1023 Elder Road (Southbay Mobilehome Park) asked if the recent Supreme
Court decision concerning adults-only rental restrictions applied to mobile home
parks. City Attorney Lindberg responded that the decision would apply to any rental
operations.
Council comment and dicussion related to the legalities of rent control; whether a
moratorium issued on May 1 would prevent a rent inrease from taking effect on July 1;
whether there is a model ordinance; and what other cities in the County have done on
the issue of rent control. City Attorney commented on the ordinance adopted by City
of Carslbad which led to agreement between park owners and residents for voluntary
arbitration, but the city is not a party to that program. He further commented on the
cities within the State which have adopted ordinances relating to control of rents and
arbitration proceedings, noting that all are going through the judicial testing
process. However, the Carlsbad ordinance (recommended by Mr. Lindberg) was tested and
has been sustained in Court.
Further Council discussion favored a moratorium to provide time to gather and study
all of the facts and staff responded to Council questions related to a 90 day morator-
ium. Mr. Lindberg noted that the urgency ordinance as drafted would extend to May 11
in order to develop a regulation program and to provide time for newly-elected
Councilmembe~ to become familiar with it. He added that the period could be
extended, if necessary.
UNANIMOUS CONSENT ITEM
ORDINANCE NO. 1972 URGENCY ORDINANCE DECLARING A MORATORIUM ON RENTAL INCREASES
ON MOBILE HOME SPACES FOR A PERIOD FROM FEBRUARY 16, 1982 TO
MAY 11~ 1982 - FIRST READING AND ADOPTION (CITY ATTORNEY)
The ordinance establishes a moratorium period on rental increases from February 16
until May 11, 1982, or until the City Council establishes a program for adjustment
and/or regulation of rents.
MSUC (Gillox/Cox) to place the ordinance on first reading and adoption. The reading
of the text was waived by unanimous consent, passed and approved unanimously.
MSUC (Scott/Cox) to direct staff to make a study as suggested and report back to the
City Council in 90 days and that a progress report be made at the mid-way point.
Councilman Campbell requested that Mr. Sterrit carry back the "strong" message that
Council wishes to have as much input as possible from the owner.
City Council Meeting -3- February 16, 1982
Council recessed from 8:00 to 8:05 P.M.
4. WRITTEN COMMUNICATIONS
a. Request by Pacific Telephone for reclassification of its business license tax rate
Pacific Telephone has filed written objection to their property tax rate, claiming
that under the State Constitution they should be taxed at the lower tax rate applied
to manufacturing businesses pursuant to Resolution 10591 adopted by the City Council
on August 4, 1981. The City Attorney has recommended that although the City could
offer tax incentives to Pacific Telephone, there is no requirement to do so by virtue
of Resolution 10591.
Sue Swenson, Local Exchange Manager representing Pacific Telephone, asked that Councll
give the matter serious consideration before making their decision.
MSUC (Cox/Campbell) to accept the staff recommendation to not tax them at the lower
rate.
b. Request of San Diego Area Veteran's Employment Committee for approval of the granting
of preference points to veterans, ex-service personnel and surviving spouses
The San Diego Area Veteran's Employment Committee has requested that the City Council
approve granting of preference points as recommended by the Civil Service Commission
as a way to improve employment opportunities for veterans and ease their transition
into civilian life.
MSUC (Scott/Cox) to continue this item to the Council meeting of February 23 when a
report will be made by the Civil Service Commission.
RESOLUTIONS AND ORDINANCES, FIRST READING
5. RESOLUTION NO. 10775 APPROVING TRANSFER AND EXPENDITURE OF FUNDS FOR PURCHASE OF
DIESEL FUEL PUMP (DIRECTOR OF PUBLIC WORKS OPERATIONS)
The resolution authorizes the transfer and expenditure of funds for purchase of a
diesel pump to replace the existing pump at the Public Works Yard which is no longer
economically feasible to repair.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
6. RESOLUTION NO. 10776 ESTABLISHING A TWO-WAY STOP AT THE INTERSECTION OF "G"
STREET/WOODLAWN AVENUE (CITY ENGINEER)
The resolution establishes a permanent two-way stop at the intersection of Woodlawn
Avenue and "G" Street as a result of a recent traffic count reflecting a 50% increase
in traffic since the opening of the "H" Street Trolley Station.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
7. RESOLUTION NO. 10777 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF
SIDEWALK, RAMP AND CURE IMPROVEMENTS 1985-82 PROGRAM, IN THE
MUELLER AND VISTA SQUARE AREAS OF THE CITY OF CHULA VISTA
(CITY ENGINEER)
On January 27, 1982, the City Engineer received sealed bids for construction of
sidewalk, ramp and curb improvements in the Mueller and Vista Square areas of the City
as previously approved in the 1981-82 program. In addition on September 22, 1981,
Council authorized staff to expand the scope of the 1981-82 program to include ramps
City Council Meeting -4- February 16, 1982
on "F" Street to serve the residents of the Collingwood Convalescent Home. The
resolution accepts the low bid of 313,844 submitted by G. Spikes Masonry and Cement
for the Mueller/Vista Square improvements, and also authorizes transfer of Block Grant
(local option) funds for the additional "F" Street improvements.
RESOLUTION OFFERED BY COUNCILMAN GILLOW, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
8. RESOLUTION NO. APPROVING FINAL MAP FOR CHULA VISTA TRACT 80-29, VISTA
KNOLLS CONDOMINIUMS WITH AMENDMENT OF CONDITION 4 OF
RESOLUTION 10337 AND APPROVING DECLARATION OF RESTRICTIONS
(CITY ENGINEER)
The resolution approves the Final Map for Vista Knolls Condominiums (CVT 80-29) and
amends condition 4 of the resolution of approval (R-10337) adding a condition requir-
ing that a Declaration of Restriction be recorded concurrent with recordation of the
Final Map which will ensure completion of improvements required by the Design Review
Committee before any units are sold.
MSUC (Cox/Scott) to continue this item for one week.
9. ORDINANCE NO. 1973 ADDING A NE~ TITLE 20 TO THE CHULA VISTA MUNICIPAL CODE
ENTITLED "ENERGY CONSERVATION REGULATIONS" - FIRST READING
(DIRECTOR OF BUILDING AND HOUSING)
The ordinance requires that all new residential units constructed in the City of Chula
Vista be designed to allow future installation of a solar water heating system. Mayor
Cox noted receipt of letters of support from Dick Brown, on behalf of the Gersten
Company, and from Safeway Plumbing.
MSUC (Scott/Cox) to place the ordinance on first reading; the reading of the text was
waived by unanimous consent, passed and aDp~oved unanimously.
UNANIMOUS CONSENT ITEM
9a. RESOLUTION NO. 10778 DESIGNATING THE DIRECTOR OF BUILDING AND HOUSING AS ITS DULY
AUTHORIZED OFFICER WHO MAY CONSENT TO THE SUBSTITUTION ~
ANOTHER PERSON AS SUBCONTRACTOR ON PUBLIC WORKS PROJECTS
(CITY. ATTORNEY)
The resolution designates the Director of Building and Housing as the City's duly
authorized officer to consent to the substitution of another subcontractor on all
public works projects.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous
consent, passed and approved unanimously.
MSUC (Cox/Scott) to reconsider the previous action.
Mr. Goloni, Oneida Street, Chula Vista, requested clarification of the intent of the
resolution.
Assistant City Manager Asmus explained that on any contract awarded by the Council on
public works projects the successful bidder (prime contractor) may wish to substitute
a subcontractor and the authority for that substitution may be delegated by the City
Council to an officer of the City.
Mr. Goloni spoke in opposition to the resolution stating that Council should retain
authority since the contractor would have no way of knowing the reputation of the
substituted subcontractor.
In further discussion, City Attorney Lindberg pointed out that the qualifications of
any contractor are subject to the regulation process of the State in the licensing
process, and that staff does generally pass judgment upon contractors in their staff
recommendations to Council because of their experience in this area. In addition, the
City Council Meeting -5- February 16, 1982
law was changed in 1976 to specifically authorize the awarding authority (in this case
the City Council) to designate a duly authorized officer of the City. Mr. Lindberg
also noted that the subcontractor would have recourse to the prime contractor (not the
City Council). Noting language in the resolution referring to "all public works
projects", comment related to the fact that the Director of Building and Housing is
not the official for blanket authorization on substitution of subcontractors for
street projects. Acting City Manager Asmus requested an opportunity to amend the
resolution with respect to Director Grady's area of expertise.
MSUC (Cox/Gillow) to trail this item for an opportunity for the City Attorney and
staff to get together to determine the appropriate course of action.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
10. ORDINANCE NO. 1971 DECLARING THAT THERE IS A NEED FOR AN INDUSTRIAL DEVELOPMENT
AUTHORITY AND THAT SUCH AUTHORITY SHALL FUNCTION IN THE CITY
OF CHULA VISTA - SECOND READING AND ADOPTION (CITY ATTORNEY)
The ordinance was placed on first reading on February 9 and establishes the City
Council as the Industrial Development Authority for the City of Chula Vista.
MSUC (Scott/Cox) to place the ordinance on second reading and adoption. The reading
of the text was waived by unanimous consent, passed and approved unanimously.
11. REPORT OF THE CITY MANAGER -- None
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
12. Report on Sweetwater Park Ballfields (Director of Parks and Recreation)
Director of Parks and Recreation Pfister's written report concerned negotiations
between the City and the County Parks and Recreation staff on a Joint Powers Agreement
to construct ballfield facilities in Sweetwater Regional Park which were terminated in
the Fall of 1980 because agreement could not be reached on maintenance costs. Sub-
sequently, the County engaged in negotiations with a private concern which have since
been terminated. Since then, the City of Chula Vista has renewed discussion and the
County is agreeable to a proposal to resolve the issue of maintenance costs whereby
the City would charge users an assessment to pay for the ongoing maintenance and in
addition the County would increase their construction contribution from $100,000 to
$150,000.
MSUC (McCandliss/Scott) to accept the report.
13. Report on request for left turn signal at Fourth Avenue and "E" Street (City Engineer)
City Engineer Lippitt reported on the investigation of a traffic hazard at Fourth
Avenue and "E" Street which was referred to staff and the Safety Commission. He noted
that evaluations of the intersection taken in 1981 reflect that the._~t falls sign~-
can~tlyl short of the criteria for installation of left turn phasing. Accordingly, it
is the recommendation of staff and the Safety Commission that no changes be made at
this time. Mr. Lippitt reported that a copy of the staff report was forwarded to Ms.
Severiske on February 11.
MSUC (Cox/Campbell) to accept the report and staff recommendation.
14. Report on graffiti control (Director of Public Works Operations)
Director of Public Works Operations Crouse reported on methods of controlling and
repairing graffiti on public property in response to Council's request of November 24,
City Council Meeting -6- February 16, 1982
1981. Mr. Crouse commented that the Parks and Recreation Department will be pur-
chasing graffiti control products for use in Memorial Park which have been used
successfully in the City of La Mesa; will evaluate their performance and report back
to CounCil by July 1, 1982.
MSUC (Scott/Gillow) to accept the report.
15. Report on American Cancer Society's Request to stage a Bike-a-thon (Director of Parks
and Recreation)
Director Pfister reported that the American Cancer Society has requested authorization
to conduct a Bike-a-thon on Saturday, March 27, 1982.
MSUC (Scott/Cox) to approve the request subject to staff conditions.
16. MAYOR'S REPORT
a. Mayor Cox received a request from the League of California Cities requesting Council
action commending Assemblyman Deddeh for his support of matters of particular interest
to the League.
MSUC (Cox/Campbell) to direct staff to prepare a letter for the Mayor's signature
expressing appreciation for Asseemblyman Deddeh's support this past legislative year.
b. Mayor Cox referred to Councilman Campbell's request for a Council Conference to review
processing of subdivision maps and requested that the Booz-Allen Hamilton report be
brought back for a review of the recommendations that were implemented and those that
were not, and to see how the report relates to the processing time in the City.
MSUC (Cox/Campbell) to include the report.
17. COUNCIL COMMENTS
a. Councilwoman McCandliss asked that the tour of unique developments in the County
listed under Pending Items be scheduled.
MSUC (Scott/Cox) to schedule the tour.
b. Councilman Scott requested a Closed Session to discuss negotiations.
MSUC (Seott/McCandliss) for a Closed Session.
c. Councilman Gillow gave a legislative report on Senate Constitutional Amendment 7 rec-
ommending, that Council support the legislation which requires California Courts to
conform with decisions of the U.S. Supreme Court when deciding issues involving the
exclusion of evidence in criminal cases.
MSUC (Gillow/Cox) to support SCA 7.
ACTION ON ITEM 9a
City Attorney recommended amending the resolution to designate the Director of Build-
ing and Housing as the duly authorized officer of the City to authorize substitution
of subcontractors for public works projects that he administers, and to further
require that the authorization terminate three months from adoption.
City Council Meeting -7- February 16, 1982
MSUC (Cox/Gillow) to amend the resolution as per the recommendation of the City
Attorney.
RESOLUTION, AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
CLOSED SESSION
Council adjourned to Closed Session at 8:35 p.m. The Deputy City Clerk was excused and the
Acting City Manager reported that the Closed Session ended at 9:25 p.m.
ADJOURNMENT at 9:25 p.m. to the meetings scheduled for Wednesday, February 17, 1982 at 4:30
p.m. (SANDER presentation) and Tuesday, February 23, 1982 at 7 p.m.
JENNIE M. FULASZ, CMC, CITY CLERK
E~iza~th W. Conti, Deputy City Clerk
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) ss ' OF ADJOURNMENT OF ME~_.~G~T'
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 ReKular meeting of the Council of the City of
Chula Vista was held Tuesday, February 16, 1982
and said meeting was adjou, rned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on February 17th at the hour of 9 AM
I posted a copy of said order at a conspicuous place on or near
the door of the place at which said me~ting of February 16
was held.
~~ity Clerk
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 TIlE
CITY OF CHULA VISTA, CALIFORNIA
Held Fabrumry 16. 1972 at 7:00 p.m. February 16, 1982
Date
The City Council met in the Council Chambers/Q~gj~;X~kXl~X~Kffy~Q~X%~[X~Di~J~,
276 Fourth Avenue on the above date at 7:00 p.m. with the
following:
Councilmen present: M~y~ ~mv~ ~m,,m~]m~m~mre M~CmmH]~. ~COtt;
Gillow, Campbell
Councilmen absent: ~
ADJOURNMi':{T
The Mayor adjourned the meeting at 9:25 p.m. until February 17~ 1982
...... ~B~onference, Boo~2
at 4:30 p.m. in the mxaxxxxmxxxmmm~xmx~q~m~xPomo~, 276 Fourth
Avenue, Chula Vista, California.
I, JENNIE M. FULASZ, City Cl~rk of the City 'of Chula Vista, DO HEREBY
CERTIFY that this is a full, true and correct copy of an order adopted
by the City Council at the meeting of February 16, 1982
City of Chula Vista, California