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HomeMy WebLinkAboutcc min 1979/01/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALIFORNIA Held Tuesday 7:00 p.m. January 16, 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, City Hall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, City En- gineer Lippitt, Director of Building and Housing Grady, Fire Chief Longerbone, City Librarian Simon 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 Cox, seconded by Coun- cilman Egdahl and unanimously carried that the minutes of the meeting of January 9, 1979 be ap- proved, copies having been sent to each Council- man. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE City Clerk Jennie Fulasz administered the Oath SAFETY COMMISSION of Office to Oscar J. Vogel who was recently ap- pointed to the Safety Commission. 3. ORAL COMMUNICATIONS (None) 4. WRITTEN COMMUNICATIONS a. REQUEST FOR RE- Mr. Thomas Money's current term of office on the APPOINTMENT TO Parking Place Commission expires on January 30, PARKING PLACE 1979. He requested reappointment to this Commis- COMMISSION sion for an additional four-year term. Thomas Money re- Mayor Hyde stated he has reappointed Thomas Money appointed to Parking to the Parking Place Commission and asked for Place Commission Council ratification. Motion to ratify It was moved by Councilman Scott, seconded by reappointment Councilman Cox and unanimously carried that the appointment be ratified. City Attorney Lindberg explained that in accordan with Ordinance 1440, the four-year term of this position on the Parking Place Commission expires January 30, 1983. b. CLAIMS AGAINST THE CITY LYNNE A. KIMBALL Lynne A. Kimball, 4812 Robert Frost Way, Sacramen presented a claim in the amount of $507,500 for t death of her husband while aboard PSA Flight 182 which crashed on September 25, 1978. Motion to reject It was moved by Mayor Hyde, seconded by Councilma claim and refer to Scott and unanimously carried that this claim be City Attorney for rejected and referred to the City Attorney for response reply. Held Tuesday - 2 - January 16, 1979 PUBLIC HEARING AND RELATED RESOLUTIONS AND ORDINANCES S. PUBLIC HEARING - This public hearing was continued from the meeting of CONSIDERATION OF TENTATIVE December 19, and referred back to staff to discuss alter- SUBDIVISION MAP FOR native plans for providing the required storage for the CHULA VISTA TRACT ?9-09 condominium conversion. The owner of the property has (Continued from 12/19/78 been out of the country until recently and has requested that the hearing he continued until February 6, 1979 to allow sufficient time to prepare drawings showing the new alternative area for storage. Motion to continue It was moved by Mayor Hyde, seconded by CounCilman Cox until February 6, 1979 and unanimously carried that this matter be continued to the meeting of February 6, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION NO. 9457 Construction of the Civic Center Renovation Project has EXTENDING UNTIL FEBRUARY been delayed due to inclement weather and the completion 15, 1979 THE CONTRACT date has been extended to February 2, 1979. It is neces- WITH ALFRED E. O'DAY sary to have the Project Representative oversee the build- AS PROJECT REPRESENTA- ing finishing and the proper functioning of all mechanical TIVE FOR THE CIVIC CENTER equipment; therefore, staff recommended that the contract RENOVATION PROJECT with Alfred E. O'Day be extended to February 15, 1979. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 7, RESOLUTION NO. 9458 Bids were received on January 8, 1979 for construction of ACCEPTING BIDS AND traffic signal improvements at Broadway/"L" Street. Staff AWARDING CONTRACT FOR recommended that the contract be awarded to Arrow Electric CONSTRUCTION OF TRAFFIC Company, low bidder, in the amount of $28,880. SIGNAL IMPROVEMENTS AT BROADWAY/"L" STREET In answer to a query from Councilman Egdahl, City Engineer Lippitt stated this signal is being modernized to replace old equipment and extend lights into the intersection to improve visibility. This is being done due to the high accident rate in this area last year. Mr. Lippitt also said there will be no left turn arrow and this signal is on the computer system. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 8. RESOLUTION N0. 9459 In August 1978 the Council established July 1, 1979 as REVISING DATE FOR the date for poles, overhead wires, and associated over- REMOVAL OF POLES AND head structures to be removed within the Third Avenue OVERHEAD FACILITIES Undergrounding District 108 from uG" to "H" Street and WITHIN THE THIRD from "I" to "K" Street. Pacific Telephone Company is AVENUE UNDERGROUND performing work above and beyond that normally required UTILITIES DISTRICT and has requested that the poles-out date be extended to NO. 108 October 15, 1979. Staff reviewed the request and recom- mended approval. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None Held Tuesday - 3 - Januaryl6; 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Continued) 9..RESOLUTION NO. 9460 In~iuded aS ~art .of this project are the street improvements "'ACCEPTING BIDS AND on the east side of Hilltop Drive adjacent to the County- AWARDING CONTRACT FOR owned lot at the northeast comer of Hilltop Drive and "H" CONSTRUCTION~OF CURBS, Street. The County has deposited funds with the City for GUTTERS, SIDEWALKS, this construction. CROSS-GUTTERS, AND WHEELCHAIR RAMPS - Bids were received on December 21, 1978 and the low bid TOWN CENTRE AREA submitted by L. R. Hubbard, Jr. is $2,931.28 below the En- gineer's estimate. Staff recommended approval and the Federal Department of Housing and Urban Development ap- proved the low bidder's eligibility to participate in a Block Grant Project. In answer to a query from Councilman Cox, City Engineer Lippltt said the City, in cooperation with the County, could use the 1911 Act for street improvements in the area of Hilltop and "~' Street to E1 Rancho Vista. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous.consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott Noes: None Absent: None 10. RESOLUTION NO. 9461 At the January 9, 1979 meefing the Council directed that a PROVIDING FOR SPECIAL resolution be brought back appropriating the necessary funds APPROPRIATION OF FUNDS for the increase of $350 in membership fees and for the FOR ADDITIONAL B~BER- special assessment o{ $3,672, for a total of $4,022 to be SHIP FEE AND BUILDING remitted to the National League of Cities. ASSESSmeNT FOR THE NATIONAL LEAGUE OF CITIES Resolution offered Offered by Councilman Egdahl, the reading ofthe text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 11. RESOLUTION NO. 9462 The Council recently approved the final map for the con- ELEASING LIEN ON version of condominiums known as La Bonita. In processing PROPERTY EAST OF 4215 . the final escrow arrangements, the title company noted BONITA ROAD - RICHARD that a lien agreement.executed on June 24, 1969 for the W. AND MARIAN B. WILSON installation of certain public improvements has not been AND GORDON AND ELSA released, although the improvements were completed and M. PETTIT accepted in 1970. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 12. ORDINANCE NO. 1851 - On January 9, 1979 the Council placed this ordinance on A~NDING THE MUNICIPAL first reading. It requires the upgrading of all buildings CODE TO PROVIDE FOR prior to moving them in the City. MOVING OF BUILDINGS IN THE CITY - SECOND READING fiND ADOPTION Held Tuesday - 4 - January 16, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Continued) Ordinance placed on It was moved by Councilman Gillow that this ordinance be second reading and placed on its second reading and adopted and that the adopted reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Scott, Cox, Egdahl, Hyde Noes: None Absent: None 13. ORDINANCE NO. 1852 - On January 9, 1979 the Council placed this ordinance on AMENDING SECTIONS OF first reading amending the City Code to include an ad- THE MUNICIPAL CODE RE- ditional definition for "hazardous wastes"; increasing LATING TO GARBAGE AND the capacity of receptacles wlth mixed content to 40 gal- LITTER - SECOND READING lons; and establishing the weight of empty receptacles at AND ADOPTION a maximum of fifteen pounds, with a fully loaded container maximum of sixty pounds. Ordinance placed on It was moved by Councilman Gillow that this ordinance be second reading and placed on its second reading and adopted and that the adopted reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: CoLmcilmen Gillow, Scott, Cox, Egdahl, Hyde Noes: None Absent: None 14. CONSIDERATION OF REQUEST On January 9, 1979 the Council requested that the Chamber FROM CHAMBER OF COMMERCE of Commerce Visitor and Convention Industry Report, par- TO SELL MUNICIPAL GOLF ticularly as it applied to the recommended ~ale of the COURSE (Continued from Municipal Golf Course, he placed on this agenda for re- the meeting of 1/9/79) consideration. Sale of Municipal Golf Mayor Hyde stated that at the meeting last week, the Coun- Course not feasible cil determined this was not feasible and suggested that it be deleted from the study which was referred to the Mayor's Economic Advisory Committee and staff for review and eval- uation. Vince Davies, President Mr. Davies said that the intent of the Chamber was that a Chula Vista Chamber of motel and convention center be established at the inter- Commerce section of 1-805 and East "H" Street, with a golf course as part of the complex. The Chamber suggested that the Municipal Golf Course be sold to the County as one means of raising funds. They did not intend that the Golf Course be disposed of or that it cease being used as a golf course. Chamber has no ob- In r~sponse to a query from Mayor Hyde, Mr. Davies said jections to deleting the Chamber would have no objections if reference to the their recommendation sale of the Golf Course was deleted from their total to sell the Golf Course proposal. Letter opposing sale Mayor Hyde noted that a letter had been received from the of Golf Course Bonita Business & Professional Association outlining their objections to the proposal to sell the Municipal Golf Course. Motion not to consider It was moved by ~]ayor Hyde, seconded by Councilman Gillow sale of Golf Course and unanimously carried to indicate to both staff and the Mayor's E conom~c Advisory Committee that the City Council does not wish to have them pursue further the idea of the City disposing of the Chula Vista Municipal Golf Course. 15. REPORT(S) OF THE CITY (None) MANAGER Held Tuesday - 5 - January 16, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT ON PROPOSED On December 6, 1978, after reviewing and evaluating ELECTRONIC LIBRARY FOR Mr. Sid Cornell's suggestion for an "electronics library," THE CHULA VISTA LIBRARY the Library Board of Trustees concurred that the proposal is not feasible at this time due to fiscal constraints imposed on the City and lack of staff for such a project. The staff concurred with the Board's recommendation. Motion to accept Library It was moved by Mayor Hyde and seconded be Councilman Cox Board's and staff's that the Council accept the recommendations of the City recommendations Librarian and the Library Board which indicate they do not concur with the recommendation of Mr. Cornell with regard to an "electronic library" for the Chula Vista Library. Councilman Gillow commented that the decision made to pur- chase DataPhase equipment is a step in the direction of having an electronic library. Motion carried The motion to accept Library Board and staff recommendations carried unanimously. (Electronics library not feasible at this time.) Motion for letter to It was moved by Mayor Hyde, seconded by Councilman Cox Mr. Cornell and unanimously carried that the staff prepare a letter to Blr. Cornell, advising him of the Library Board and Council action in this regard, and thanking him for his thoughtfulness in making the suggestion and indicating the Council's appreciation. MAYOR'S REPORT Problem relating to Mayor Hyde referred to a problem regarding the City's noise "noise" ordinance ordinance as it relates to "guard dogs" where a citation was issued to a business concern for barking dogs, and on removal of the dogs, the property was vandalized. He asked if the staff had a recommendation on this matter. Report not completed City Manager Cole said the problem has been discussed, and although the report is not completed it appears that having guard dogs in a residential area is inappropriate. Staff not prepared City Attorney Lindberg concurred adding that although staff to recommend modifica- recognizes the problem, they are not prepared to recommend tion to ordinance any modification of the ordinance in the hope that a better solution can be found. He indicated that as the result of court cases pending, a solution may be forthcoming. COUNCIL COMMENTS Report on proposed Councilman Gillow reported on the proposed management management seminar seminar, noting that the dates on March 31 and April 28, 1979 have been reserved. He said he contacted Dr. Harris, who will be available on April 28. Dr. Harris also in- dicated he could make cassettes on negotiations and em- ployee relations available to the Council before the seminar Peter Gregg's Councilman Gillow stated Peter Gregg's representative will representative to be contacting him in a couple of days to advise when Mr. contact Councilman Gregg will be available to conduct a seminar. He also Gillow said Mr. Gregg agreed to meet with him and other members of the Council prior to the seminar to discuss topics to be covered. Held Tuesday - 6 - January 16, 1979 Environmental impact - Councilman Gillow referred to a recent Council discussion drive-in restaurants concerning the environmental impact of drive-in restaurants and stated he feels this warrants further study. Motion for study by It was moved by Councilman Gillow, seconded by Councilman Environmental Control Scott and unanimously carried that the Environmental Con- Commission trol Commission be asked to look into this and perhaps invite some speakers on this subject and report back to the Council. Senate Bill 114 - Councilman Cox reported that the Legislative Committee has Limitation on Contractual reviewed Senate Bill 114 (Beverly) relating to limitation Indemnification on contractual indemnification. This bill would limit the manner in which a city may indemnify itself against liability arising out of acts of contractors and would shift the full costs of those risks to the public taxpayer. He said the Legislative Committee recommends that the local legislators be contacted and let them know the Council opposes this bill. Motion to contact It was moved by Councilman Soctt, seconded by Mayor Hyde legislators and unanimously carried that local legislators be contacted as recommended. Formula for transit Mayor Hyde said he overlooked reporting that the Comprehen- systems set at 80% sive Planning Organization on Monday approved the financing passengers/20% miles formula for the transit systems in the County - on the basis of 80% of funds based on passengers served and 20% based on miles. He said it appears this will be the last year this formula will be used and a different formula will be devised next year more in tune with the needs and con- ditio~s of the transportation districts. National League of Mayor Hyde referred to the National League of Cities con- Cities conference ference in Washington, D.C. March 4 through 6, 1979. He March 4 - 6, 1979 said it has been suggested that the Redevelopment Agency meeting of March 1st be changed to March 8th as Council members attending would like to leave early for the con- ference. Motion to reschedule It was moved by Mayor Hyde, seconded by Councilman Cox and Redevelopment Agency unanimously carried that the Redevelopment Agency be di- meeting rected to reschedule their meeting of March 1 to March 8, 1979. UNANIMOUS CONSENT ITEM RESOLUTION - Mayor Hyde announced that the City Attorney had presented APPROVING LEASE OF a unanimous consent item - a resolution approving the AUTOMOBILE TO CITY lease of automobile and payment of insurance coverage for ATTORNEY AND AUTHORIZING the City Attorney. THE PAYMENT OF LIABILITY INSURANCE THEREFOR City Attorney Lindberg said it has been called to his attention that this would be in the best interest of the City, to protect the overall City coverage, which presently includes his automobile used for both business and personal use. This resolution would provide special insurance for this vehicle. Council discussion Council discussion ensued concerning including other ve- hicles assigned to City personnel, the need to study the ramifications, concern regarding the item being considered under "unanimous consent" and the suggestion that the prob- 1 em should be looked at as a whole and alternatives con- sidered. City Attorney Lindberg explained that he would feel more comfortable in not exposing the City's liability policy in his situation, since the Council has authorized his personal use of the vehicle. Held Tuesday - 7 - January 16, 1979 Motion for report It was moved by Councilman Scott and seconded by Mayor Hyde at next meeting that the staff be directed to look into the problem brought up by Mr. Lindberg and give the Council a report on a solu- tion and alternatives at the next meeting. Councilman Gillow questioned if there is anything different that can be presented next week than what was presented tonight. Motion carried The motion for report carried by the following vote, to-wit AYES: Councilmen Scott, Hyde, Cox, Egdahl Noes: Councilman Gillow Absent: None Reminder of League of Mayor Hyde called attention to the California League of Cities dinner on Cities dinner being hosted hy Chula Vista on Thursday night January 18, 1979 in the new Public Services/Council Chambers building, start ing at 6:30 p.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 7:S3 p.m. to the regula: meeting of January 23, 1979 in the Council Chambers, City Hall at 7:00 p.m. Deputy City Clerk