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HomeMy WebLinkAboutcc min 1979/06/05 MINUTES OF A REGULAR CITY COUNCIL ~ETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:O0pjm.I June 5, 1979 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Gillow (arrived late) Councilmen absent: Councilman Scott Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Deputy City Manager Robens, City Engineer Lippitt, Director of Finance Grant, Administrative Analyst Swartfager, Chief of Police Winters, Director of Planning Peterson, Personnel Director'Thorsen The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried by those present that the minutes of the meetings of May 17 and 22, 1979 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Recognition of Mayor Hyde presented a Certificate of Recognition to Susana foreign students Anguiano and Maria Puente from Irapuato, Mexico. b. Presentation of Mr. Scott Green, representative of the Comprehensive Planning Crime Statistics for Organization, presented slides showing the crime rate of San Diego Region Chula Vista compared to that of the San Diego Region for the years 1970 to 1978. Mr. Green elaborated on the types of crimes committed; law enforcement crime data and arrest dispositions. It was moved by Mayor Hyde, seconded by Councilman Egdahl and unanimously carried by those present that the City Manager be asked to advise the Council whether or not he feels it is appropriate to ask for a break-out of statistics that specifically relate to the City of Chula Vista from the information presented this evening. (Councilman Gillow arrived at this time - 7:32 p.m.) 3. ORAL COMMUNICATIONS James J. Boyd Mr. Boyd related how he was robbed and assaulted at his 1678 Pelican Point office on 786 Third Avenue last week and complained that Chula Vista, CA he received only one telephone call from a Chula Vista Police Sergeant. No further contact was made by the Police De- partment; therefore, he hired a private detective to investigate the incident. Motion for report It was moved by Councilman Cox, seconded by Councilman Egdahl and unanimously carried by those present that a report be brought back to Council from the City Manager and the Chief of Police indicating what occurred and also what steps are necessary in order to get this taken care of so there will not be a repeat of it. (If the incident was reported to the Police Department, the standard pro- cedure would be that there would be a report filed at a reasonable time thereafter). Held Tuesday - 7:00 p.m. - 2 - June 5, 1979 ORAL COMMUNICATIONS (Cont.) Mayor Hyde asked the City Manager to make sure Mr. Boyd or his representative is contacted by tomorrow to ascertain the facts of the case. Mrs, Thomas R. Meyers Mrs. Meyers read a letter written by Mr. Paul Whitten 1666 Dartmouth Street concerning the incident which occurred at Rohr Park on Chula Vista, CA Sunday, June 3, 1979. Mrs. Meyers described the injuries and assault on her children at the Park; the lack of newspaper coverage of the incident; and the lack of enforcement at the park. Mr. Thomas R. Meyers Mr. Meyers reiterated his wife's account of what happened to his children at the park; his concern over the lack of control; physical and property damage will reach up to $35,000 and this does not include loss of wages, etc.; questioned who will pay for this loss since it happened on City property. Motion for report It was moved by Councilman Cox, seconded by Councilman Gillow and unanimously carried by those present that the City Manager be directed to prepare a report on (1) what transpired (at least with regard to the Police ~eport), and (2) come forth with a program that would, hopefully, be implemented before next weekend that might alleviate some of the citizens' concerns in what could happen in the next couple of weeks. Councilman Cox said that he talked to the City Manager today and the Manager is planning to have more police surveillance in the park; however, he wants to know what the full program will be. This written report is to be given to the Council at the Joint COuncil/Redevelopment Agency meeting on Thursday, June 7, lg79. Penny Mitchell Ms. Mitchell said she is a part-time worker employed at 776 Melrose the Chula Vista Library. She questioned the rights of Chula Vista, CA the hourly workers stating that most are paid under the minimum wage; they are not considered to be employees of the City; they have no rights, such as grievance procedures, sick leave and retirement. Mayor Hyde asked Ms. Mitchell to give the City Clerk a copy of her report. Sally Hooper Mrs. Hooper said she has five children who play ball at 4037 Acacia Avenue the park but she will not allow them to go there again. Bonita, CA She added that "it was a miracle" that no deaths occurred during this riot on Sunday, (June 3). James Mathetty Mr. Mathetty read a statement he gave before Assemblyman 402 Oaklawn Avenue Lawrence Kapitoff's Blue Ribbon Panel on Regional Planning. Chula Vista, CA His statement took exception to the Issues Report on Governmental Structure (May 1979); the MTDB; government spending; problems concerning illegal aliens. (Gentleman - no name) A young man who refused to give his name for fear of physical retribution gave the following solutions to some of the prohlems at Rohr Park: (1) install a fence around the baseball field; (2) have a telephone installed so that m immediate call for help can be made; (3) make the west entrance a two-way street instead of one-way. FIeld Tuesday - 7:00 p.m. - 3 - June 5, 1979 4. WRITTEN COMMUNICATIONS a. Claim against the City - Mr. Candy filed claims for $415~000 alleging that improper Austin Candy, 491Quinc~ maintenance of trees at the intersection of Quail CoUrt Street, Chula Vista and Oleander resulted in an accident causing injury to his daughter. The City's insurance adjuster, R. L. Kautz, recommended denial of the claim. Motion to deny It was moved by Mayor Hyde, seconded by Councilman Gillo~ and unanimously carried by those present that the claim be denied. RESOLUTIONS AND ORDINANCES, FIRST READING 5. RESOLUTION NO. 9615 On April 24, 1979, the Coumcil approved staff's recommendati APPROVING SERVICE AGREEMENT to terminate the contract with R. L. Kautz and Company as BETWEEN THE CITY OF CHULA the City's administrator of its self-insured liability VISTA AND CARL WARREN AND insurance account. The firm of Carl Warren and Company has COMPANY now been ~ecommended for employment beginning July 1, 1979. The contract covers the charges and services by this company Number of claims processed Councilman Egdahl asked for the number of claims filed in 1979/80 (to date) for Kautz toprocess. Assistant City Manager Asmus noted that this contract is strictly on a time-basis and the staff cannot assure the Council that there will be any savings of money; however, it is hoped that the City will receive better service. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Cox, Egdahl Noes: None Absent: Councilman Scott 6. RESOLUTION NO. 9616 Director of Finance Grant submitted the proposal listing AWARDING PUBLIC LIABILITY three options for Council consideration. His recommendation INSUP~CE COVERAGE TO was that the City retain its present self-insured retention ADMIRAL INSURANCE COMPANY of $500,000 which still provides a budget savings of $12,636 over that estimated in the preliminary budget. Resolution offered Offered by Councilman Egdaht, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Cox Noes: None Absent: Councilman Scott 7. RESOLUTION NO. 9617 In the past, extensions had been granted when the appointing APPROVING AMENDMENT TO CIVIL authority was unable to make an informed decision on.awardin SERVICE RULE V, SECTION 7 permanent status. The new procedure will allow the present RELATING TO THE EXTENSION practice to continue in an orderly way arid sets perimeters OF PROBATIONARY PERIOD which define the conditions under which an extension maybe granted. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen GiltoW, Cox, Egdahl Noes: None Absent: Councilman Scott Held Tuesday - 7:00 p.m. - 4 - June S, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cent.) 8. RESOLUTION NO. 9618 Bids were received on May 10, 1979 for this project. Three ACCEPTING BIDS AND AWARDING separate alternatives were bid - each having a different CONTRACT FOR THE CON- scope of work and different levels of protection against STRUCTION OF A STORM DRAIN flooding. The staff recommended the Council award the SYSTEM FROM ALVARADO PLACE contract to Mike Masanovich Construction Company for TO AND BEYOND "H" STREET Alternate 2 in the Amount of $84,408.00, and authorize the expenditure of $92,848 from Project RS04, Account #600-6000-RS04. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Cox Noes: None Absent: Councilman Scott 9. ORDINANCE NO. 1870 The California Code of Civil Procedure (1094.6) permits ADDING A NEW SECTION, the City to adopt a ninety-day statute of limitations on 1.04.060 TO THE CHULA judicial review of administrative decisions. VISTA MUNICIPAL CODE, RELATING TO THE TIME FOR SEEKING REVIEW OF ADMINIS- TRATIVE DECISIONS - FIRST READING Ordinance placed on It was moved by Mayor Hyde that this ordinance be placed first reading on first reading and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Cox, Egdahl Noes: None Absent: Councilman Scott 10. ORDINANCE NO. 1871 Section 36516.5 of the Government Code authorizes a 5% AMENDING SECTION 2.04.S80 Councilmanic increase after one or more of the Council- OF THE CHULA VISTA MUNICIPAL members have been elected. The Attorney General has now CODE RELATING TO COMPEN- provided an opinion stating that Charter cities are not SATION FOR COUNCILMEN - bound by that provision and that salary adjustments can be FIRST READING AND ADOPTION made by ordinance. The City Attorney has recommended that a 5% salary increase be provided effective July 1, 1979 and that the Council, at the end of each calendar year, provide for an increase not to exceed 5%. Ordinance placed on first It was moved by Councilman Egdahl that this ordinance be reading and adoption placed on first reading and adoption. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Cox Noes: None Absent: Councilman Scott CONTINUED MATTERS AND SECOND READING 0F ORDINANCES 11. ORDINANCE 1868 The proposed amendments allow for the processing of the A~NDING CHAPTERS 19.22, occasional request for development of a lot which lacks 19.24 and 19.26 OF THE CITY frontage on a public street but which has access from an CODE RELATING TO PANHANDLE easement, without the need to apply for a variance. The LOTS, FLAG LOTS AND LOTS ordinance was placed on first reading at the meeting of SERVED BY AN EASEMENT - May 22, ]979. SECOND READING AND ADOPTION Held Tuesday - 7:00 p.m. - S - June S, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) Ordinance placed on second It was moved by Councilman Gillo~ that this=ordinance he reading and adopted placed on a second reading and adopted, and that the reading of the text be waived by unanimous consent ofthose present. The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Cox, Egdahl, Hyde Noes: None Absent: Councilman Scott 12. REPORT OF THE CITY MANAGER a. Schedule for leasing City Manager Cole submitted the schedule which begins in City-owned property on June and July 1979 with a survey of the property and Bonita Road adjacent to preparation of a preliminary environmental impact report golf course and ends in March 1980 when it is estimated that the Request for Proposals will be mailed to interested developers. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried by those present that the report of the City Manager be accepted and staff be directed to proceed "with all deliberate speed." b. Tour of Lather's City Manager Cole noted that this item is scheduled for the development meeting of June 12 and that staff feels it is appropriate for the Council to tour the area prior to that meeting. Director of Planning Peterson indicated that the Council should go into the back yard of at least two of the homes that have complained of the obstruction to their views. Motion for staff to contact. It was moved by Mayor Hyde, seconded by CoUncilman Cox and property owners unanimously carried by those present that the staff be a~ked to contact the h6meowners concerned and indicate that they could expect a visit from members of the City Council at some time between now and next Tuesda~v and ask that they accommodate the (Council's)~Wish to see the areas. (The Counc to be given the names and phone numbersof these residents, if possible.) Council Conference Schedule City Manager Cole submitted a revised schedule of Council Conferences for the months of June and July. Mayor Hyde questioned why no department head presentations were scheduled and urged the City Manager to continue with this practice. Executive Session It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried by those present that an ExecutiVe SesSio be called at the close of the meeting for reasons of personne negotiations. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 13. Report on request to City Engineer Lippitt presented a written report noting the re-install painted cross- background of this crosswalk which was first installed in walk on "F" Street at September 1977. After the adoption of the policy for Garrett Avenue marked crosswalks in January 1978, it was found that this location did not meet the criteria. An evaluation made in January 1979 established the fact that the crosswalk did not meet the adopted criteria. The staff, therefore, recommended that no action be taken at this time but that the installation be reconsidered as Town Centre No. 1 develop Held Tuesday - 7:00 p.m. - 6 - June S, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Gont.) a. Safety Commission On May 9, 1979, th~ Safety Co~anlssLon reconlmended the recommendation installation of this crosswalk as a specific exception to the City's Crosswalk Warrant Policy. Oscar J. Vogel Mr. Vogel, member of the Safety Commission',recommended the 42 Millan Court installation of this crosswalk as a specific exception to Chula Vista, CA the City's Crosswalk Warrant Policy. Council discussion Discussion ensued regarding the safety factor of having a crosswalk; the false sense of securityit give~ to pedestrians; the warrant and criteria of the crosswalk policy; and the continued monitoring of this need. Motion to accept It was moved by COuncilman Egdahl and seconded by Mayor staff report Hyde that the staff recommendation be accepted (no crosswalk) Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow Noes: Councilman Cox Absent: Councilman Scott REPORTS, REQUESTS AND RECO~ENDATIONS OF CITY BOARDS AND COMMISSIONS: 14. Request for Council The International Friendship Commission presented a letter direction - International from the Mayor of General Roca, Argentina, requesting Friendship Commission technical assistance in 'the areas of transportation, environment, channels and drainage ways and uncontrollable developments. The Mayor also asked for a gift from the City in celebration of General Roca's "First Centennial". The International Friendship Commission submitted information for filing applications for f~mds from Washington, D. C. for this Technical Assistance Program. Council discussion Mayor Hyde commented on the lack of contact with General Roeo as compared with Irapuato, and that it is not a "meaningful" Sister City relationship. Councilman Gillow noted the "crunch" of Proposition 13 and felt it would not be appropriate to send a gift to General Roca, as requested. Motion for letter It was moved by Mayor Hyde, seconded by Councilman Egdahl and unanimously'c~rried by those present that the Mayor, in conjunction with the City Manager,be directed to work out a tactful reply (to General Roca):which!~would, in effect, back off on this item. : Letter to International Mayor Hyde said he will forward a copy of th~s letter to Friendship Commission the InternationalFriendship Commission and ask them to reconsider thiSCity's relationship with General Roca. MAYOR®S REPORT Parking at Public In response to the Mayor's query, City Manager Cole stated Services Building that all the assigned parking spaces on the west side of the Public Services Building have been removed. Move of Personnel Office Mayor Hyde noted that the Personnel Office has moved to their temporary quarters at the Public Works Center ( "P" and Woodlawn). Held Tuesday -. 7:00-p.m. - 7 - June 5, 1979 MAYOR'S REPORT (Cont.) Police Car Report City Manager reported that Castle-PIFmouth have promised delivery of the 14 police cars, as ordered. Meeting with California Mayor Hyde reported on the meeting held today. The repre- Fish and Game Officials sentative of the RegiOnal Office headquartered in LongBeaCh and the local representative met with Mr. DesrocherS, Mr. Boyd and the Mayor to discuss the deadlock between the City and the Fish and Game Department regarding development of the Barfront. Mayor Hyde felt that the City made some favorable impressions upon the Regional representative, and that he promised he would contact the City by ~onday as to the position of the Fish and Game Department on Chula Vista' plan when it goes before the State Coastal Commission for review. COUNCIL CONB~ENTS Sweetwater Flood Control It was moved by Councilman Egdahl, seconded by Councilman Channel Cox and unanimously carried by those present that this item be scheduled for the June 19, 1979 meeting. Resignation of Councilman Egdahl submitted his resignation effective July Councilman Egdahl 15, 1979 stating he has accepted a position at Lafayette, California. Councilman Egdahl noted his regret in leaving the Council and praised the intellect of the Councilmen and the dedication and commitment of the staff. Montgomery Annexation Mayor Hyde reported that LAFCO will be considering this annexation on July 2, 1979 and noted the past actions of the Council on this stand - "passive and hands off." Motion to continue stand It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried by those present that the Council continue with this stand. Volunteer program Mayor Hyde complimented Len ~oore and Personnel Director Signe Thorsen on the progress to date of the volunteer program. iS. Discussion of pending This item was continued from the meeting of May 22, 1979. items City Manager Cole submitted a revised copy of the pending items noting those that have been resolved. Motion to accept It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried by those present that the listbe accepted. EXECUTIVE SESSION The Council recessed to Executive Session at 9:15 p.m. Cit~ Manager Cole was appointed Deputy City Clerk and he reporte~ that the meeting reconvened at 10:40 p.m. Motion to reschedule It was moved by Mayor Hyde, seconded by Councilman Gillow meeting and unanimously carried by those.present that a meeting be called for Thursday, June 7, 1979 at 4:00 p.m. to continue the Executive Session on personnel negotiations. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:40 p.m. to the meeti scheduled for Thursday, June 7, 1979 at 4:00 p.m. and to th joint City Council/Redevelopment Agency meeting at 7:00 p.m on June 7, 1979. CITY CLERK MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, June 5, 1979 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Mayor F~yde, Co~ncilmen Cox, Egdahl, Gi]low Councilmen absent: Councilman Scott ADJOURNMENT The Mayor adjourned the meeting at 10:40 p.m. until Thursday, June 7, 1979 at 4:00 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 June 5, 1979 EN City of Chula Vista, Calif~RK STATE OF CALIFOP~NIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF S~2q DIEGO ) ss OF ADJOUP~N~IENT OF MEETL'IG 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 Tuesday, June 5, 1979 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, June 6, 1979 at the hour of 10:30 a.m. I posted a copy of said order at a conspicuous place on or near the doo~r of the place at which said me~ting of June 5, 1979 was heldo Subscribed and sworn to before me this day of