HomeMy WebLinkAboutcc min 1987/10/01 MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
October l, 1987 Council Chamber
7:30 p.m. City Hall
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader,
McCandliss, Malcolm
MEMBERS ABSENT: Councilman Moore
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
CONSENT CALENDAR Items Pulled: 3, 4
1. RESOLUTION 13266 APPROVING MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY
OF CHULA VISTA AND THE CHULA VISTA
CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR
FISCAL YEAR 1987-88 (Assistant City
Manager)
The City's negotiating team has concluded a Memorandum of
Understanding (MOU) with the Western Council of Engineers (WCE)
which has been ratified by their membership.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
2. RESOLUTION 13267 AUTHORIZING EXECUTION AND APPROVING TERMS
AND CONDITIONS OF AGREEMENT WITH
CALIFORNIA STATE COASTAL CONSERVANCY FOR
ENVIRONMENTAL LICENSE PLATE GRANT
(Executive Director of Bayfront
Conservancy Trust)
This resolution provides for the execution of a $150,000
Environmental License Plate (ELP) grant with the California State
Coastal Conservancy.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
Minutes 2 October 1, 1987
3. REPORT WORKSHOP ON THE SOUTH BAY CULTURAL ARTS
CENTER AT EASTLAKE (Community Development
Director)
Pulled from Consent Calendar.
4. RESOLUTION APPROVING AGREEMENT WITH OSCAR DAVILLA FOR
PURCHASE OF EASEMENTS RELATED TO TELEGRAPH
CANYON CREEK FLOOD CONTROL PROJECT
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDZNANCES
5, PUBLIC HEARZNG TO DETERMINE NECESSITY TO ACQUIRE REAL
PROPERTY FOR THE CONSTRUCTION OF THE
TELEGRAPH CANYON CREEK FLOOD CONTROL
CHANNEL PROJECT (Director of Public
Works/City Engineer)
RESOLUTION DECLARING THE PUBLIC NECESSITY FOR THE
ACQUISITION OF REAL PROPERTY FOR THE
CONSTRUCTION OF TELEGRAPH CANYON CREEK
FLOOD CONTROL PROJECT AND AUTHORIZING THE
CITY ATTORNEY TO COMMENCE EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE REAL PROPERTIES OR
INTEREST TO THEREIN FOR SAID PROJECT
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
City Manager Goss stated that for various reasons staff's
recommendation was to continue thi~ item to October 13, 1987.
MSUC (Cox/McCandliss) to continue this public hearing to the
meeting of October 13, 1987.
6. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT NO. 28 FOR INTENSIFICATION OF
PERMITTED LAND USE AT 390 BAY BOULEVARD
(Community Development Director)
Community Development Director requested that this item be
withdrawn.
MSUC (Cox/McCandliss) to file this item.
7. ORAL COMMUNICATIONS None.
Minutes - 3 - October l, 1987
PULLED ITEMS
3. REPORT WORKSHOP ON THE SOUTH BAY CULTURAL ARTS
CENTER AT EASTLAKE (Community Development
Director)
City Manager Goss reported that Mr. James Cusack, currently with
the North Los Angeles High School for the Performing Arts, had
requested a Council workshop to discuss the participation of the
City of Chula Vista in the development of a South Bay Cultural
Arts Center at EastLake. A feasibility study for this facility
completed in December 1984, indicated that there was a need and
market for the proposed 850-seat theater in the South Bay.
Staff's recommendation was to conduct a workshop to assess the
feasibility and desirability of the theater proposals, and
continue to monitor the interest and support of the private sector
and the Sweetwater Union High School District.
Mr. James Cusack, 850 Tucson Court, San Dimas, CA 91773 spoke to
the Council noting that a feasibility study has been completed he
has talked to various people regarding deficit and operating costs
of this facility. He noted that the focus for culture in this
area is in San Diego; Chula Vista needs a place to call its own;
the City has dedicated land from Bob Santos in EastLake; there is
some discussion concerning plans the Sweetwater District has to go
for Redevelopment money and locate near the Chula Vista High
School area. What he is hoping to come out of this meeting is a
commitment from the City Council to the fact that we do need a
Cultural Arts Center in this area and that a study group be
developed in this area including members of the City Council; it
is difficult to approach funding agencies without a commitment
from the City.
Discussion ensued regarding the size of the theatre, design of the
facility, proposed sites and use as multi-purpose facility.
MSUC (Malcolm/McCandliss) to approve in concept and lend support
and encouragement from the City in helping raise the money
necessary funds.
MS (Cox/McCandliss) to appoint Councilman Nader on the Council
sub-committee on Cultural Arts (Councilman Nader abstained).
4. RESOLUTION APPROVING AGREEMENT WITH OSCAR DAVILLA FOR
PURCHASE OF EASEMENTS RELATED TO TELEGRAPH
CANYON CREEK FLOOD CONTROL PROJECT
(Director of Public Works/City Engineer)
The U.S. Corps of Engineers opened bids for construction of the
Telegraph Canyon Creek Flood Control Channel project on September
30, 1987. Before the contract can be awarded, the City must
certify that it has obtained all rights of way needed to construct
the project.
Minutes 4 - October l, 1987
Mr. Davila, through his attorney, and City staff have been
negotiating for weeks to acquire the necessary easements over the
Davila property without the necessity to proceed with condemnation
action. An agreement has been negotiated and key provisions of
the agreement are: (1) purchase price, (2)purchase and sale
condition precedent and; (3) liquidated damages.
Councilman Nader expressed his concerns regarding the liquidated
damages clause noting that this binds the City to a certain amount
of liquidated damages that cannot be contested; if there is a
delay on the contractor's part could we then sue him for the full
amount of our loss; is there a "time is of the essence" clause.
He also mentioned there are a number of points the City has no
control over. He is very unhappy with the agreement because it
puts the City at risk.
City Manager Goss assured the Council that he would be following
through trying to make the necessary changes to implement the
City's safety.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
REPORT OF THE CITY MANAGER
a. City Manager Goss noted the two informational items handed out
to the City Council this evening: the status of the Raso home
and a request to conduct a Columbus Day Parade at Montgomery
Elementary School. Due to the lateness of this request the
school has been given permission to conduct the parade by the
Director of Parks & Recreation.
b. Bids on the Telegraph Canyon Flood Control Channel have been
opened. Low bid came out at $7,381,000.
c. The City Manager reported that the Governor has signed the
State budget and the $200,000 request for the renovation of
the Norman Park Center was included. A report on this will
follow within the next 4 to 8 weeks.
MAYOR'S REPORT
a. Mayor Cox noted the number of letters he has been receiving
from mobilehome park residents regarding space rent
increases. He asked the City Attorney to draft a letter to
mobilehome park owners explaining ordinance 2227 and enclose a
copy of the ordinance.
Minutes 5 October l, 1987
COUNCIL COMMENTS
a. Councilman Nader asked the status of the Disaster Preparedness
report. City Manager responded that he has met with Director
of Public Safety Winters and a course of action for u dating
the operating part of the plan was discussed. There will be a
report coming soon.
b. Councilwoman McCandliss asked for a status report on the
analysis for the Terra Nova School purchase and the church in
Bonita.
City Manager Goss responded that there was an analysis done by
and engineering firm and a report should be ready by Monday of
next week. He would like to meet with the committee
(Councilwoman McCandliss and Councilman Malcolm) sometime next
week.
c. Councilman Malcolm noted that we're on top of the "smell
problem" at the Marina.
Mayor Cox added that the responsible agencies are working with
the RV Park and Marina operators to identify the source and
clean it up.
The Council recessed to Closed Session at 8:30 to discuss Sierra
v. Coastal Commission, Kane v. Chula Vista and items of potential
litigation. The Recording Secretary was excused and the City
Manager reported that the closed Session ended at 9:00 p.m.
ADJOURNMENT AT 9:00 p.m. to the regular meeting of October 13,
1987 at 7 p.m.
Alice Kemp,
Recording Secretary
1091C