HomeMy WebLinkAboutcc min 1984/05/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, May 8, 1984 7:00 p.m.
ROLL CALL
Councilmembers present: Councilmembers Scott, Malcolm, Moore,
McCandliss
Councilmembers absent: Mayor Cox
Staff present: City Manager Goss, City Attorney
Harron, Assistant City Manager Asmus
In the absence of Mayor Cox, Mayor pro Tempore Moore presided over the
meeting.
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The P1 edge of Allegiance to the Flag was led by Mayor Cox followed by a moment
of silent prayer.
1. APPROVAL OF MINUTES for the meeting of May 1, 1984.
Councilman Scott asked that the minutes on page 8, paragraph F be changed to
. h rather "the City was
state "the City did not plan anything in t at area" than
not going to plan anything in that area".
MSUC (Scott/Malcolm) to approve the minutes as amended.
2. SPECIAL ORDERS OF THE DAY
a. PROCLAMATION PROCLAIMING SATURDAY, MAY 12, 1984 AS "FIRE SERVICE
RECOGNITION DAY"
The Proclamation was presented to the Director of Public Safety.
b. PROCL~)IATION PROCLAIMING THE WEEK OF MAY 6 THROUGH MAY 12, 1984 AS
"SWEETWATER DISTRICT SCHOOL VOLUNTEER WEEK"
The Proclamation was presented to Ms. Rene DeBello, Community Resource
Specialist, Sweetwater Union High School District.
3. WRITTEN COMMUNICATIONS
a. CLAIM AGAINST THE CITY
James Morgan, 2820 Lange Street, San Diego, CA 92122
James Morgan filed a claim against the City in the amount of $1,520,000
alleging that orders of Chula Vista Police Officers resulted in damages to a
houseboat being built by James Morgan in the "J" Street Marina area and
City Council Meeting - 2 - May 8, 1984
interference with salvage work in connection with the houseboat. It is
recommended by Carl Warren and Company and the Risk Management staff that this
claim be rejected.
MSUC (Malcolm/Scott) to reject the claim.
4. ORAL COMMUNICATIONS (None)
CONSENT CALENDAR (Items 5-9)
MSUC (McCandliss/Malcolm) to approve the Consent Calendar.
5. RESOLUTION 11612 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1,
PART 2, LANDSCAPING AND LIGHTING ACT OF 1972, BEING
DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, FOR THE FURNISHING OF ELECTRICAL
ENGERY, REPLACEMENT AND MAINTENANCE OF STREET LIGHTS;
AND FOR THE FURNISHING OF LANDSCAPING MAINTENANCE IN
CHULA VISTA BAY BOULEVARD STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985, IN
THE CITY OF CHULA VISTA, CALIFORNIA, FOR THE FISCAL
YEAR COMMENCING JULY l, 1984 AND ENDING JUNE 30, 1985
(City Engineer)
Two years ago, the Redevelopmerit Agency completed the improvements on Bay
Boulevard including lighting and landscaping, between "E" and "F" Streets. An
assessment district was formed to pay for the electrical energy needed to
light the street and maintain the landscaping. This resolution, in accordance
with the Streets and Highways Code, begins the process for renewing this
district.
6. RESOLUTION 11613 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER l,
PART 2, LANDSCAPING AND LIGHTING ACT OF 1972, BEING
DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, FOR THE FURNISHING OF ELECTRICAL
ENERGY, REPLACEMENT AND FUkINTENANCE OF STREET LIGHTS;
AND FOR THE FURNISHING OF LANDSCAPING MAINTENANCE IN
CHULA VISTA TOWN CENTER NO. 1 STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985, IN
THE CITY OF CHULA VISTA, CALIFORNIA FOR THE FISCAL
YEAR COMMENCING JULY 1, 1984 AND ENDING JUNE 30, 1985
The maintenance district for the landscaping and lighting on Third Avenue
between "E" Street and "G" Streets has been in effect for four years. It is
now time to renew the assessment district for the next fiscal year. This
resolution in accordance with the Streets and Highways Code, begins the
process of renewal. After adoption of the resolutions a report will be
proposed for Council's consideration and approval and setting a date for a
public hearing.
T I I
.... City Council Meeting - 3 - May 8, 1984
7. RESOLUTION 11614 AUTHORIZING ADJUSTMENT TO THE FY 1982-83
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5
CLAIM (City Engineer)
The County Auditor has directed the City of Chula Vista to return $6,060 to
the Local Transportation Fund (LTF). This adjustment to the FY 1982-83
Article 4.5 Claim will reconcile the estimates upon which the claim was based
with the actual revenue and expenditures determined by the FY 1982-83 fiscal
audit.
8. RESOLUTION 11615 AUTHORIZING PARTICIPATION IN PHASE II OF THE REGIONAL
INFORMATION AND REFERRAL SYSTEM OF SAN DIEGO COUNTY
(Director of Parks and Recreation)
The City of Chula Vista's Senior Service Center has been requested by United
Way of San Diego to participate in Phase II of the planning process to develop
a regional system for "Information and Referral Services" in the San Diego
area. Phase II requires a Statement of Intent and a non-binding commitment by
participating agencies to provide staff input in the development process for
this system.
MSUC (McCandliss/Scott) to refer this item to the Commission on Aging for a
review and comment.
9. ORDINANCE 2068 REPEALING CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO CONFLICT OF INTEREST AND GENERAL
GOVERNMENTAL CONFLICT OF INTERESTS ACT GUIDELINES
SECOND READING AND ADOPTION (City Attorney)
This ordinance repeals Chula Vista's local conflict of interest ordinance;
convict of interest wou1 d in the future be sol ely regulated by State 1 aw.
This item was placed on First Reading at the meeting of May l, 1984.
MSUC (Scott/Moore) for a report back from the appropriate staff member on what
is left in the conflict of interest ordinance and what should the function of
the Board of Ethics be what recommendation staff would make to the City
Council as far as its (Board of Ethics) retention.
End of Consent Calendar
RESOLUTIONS AND ORDINANCES, FIRST READING
lO. RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT
263 LANDIS AVENUE, APPROPRIATING ~105,600 FOR SAID
ACQUISITION AND APPROVING PURCHASE AGREEMENT, ESCROW
INSTRUCTIONS, AND A GRANT DEED FOR SAID PURCHASE
(Community Development Director)
On October 18, 1983, City Council authorized negotiation for the purchase of a
parcel of property located at 263 Landis Avenue. Negotiation with the owner
has been completed and a conditional escrow opened with Ticor Title Insurance
Company. The purchase of the subject property for use as a 17-space parking
City Council Meeting - 4 - May 8, 1984
lot is a Class (ll) exemption from environmental review. The recommendation
is that the City Council appropriate $105,600 from the Parking Meter Fund and
authorize the submittal of the Purchase Agreement/Escrow instructions and
Grant Deed into an escrow account for the purchase of the subject property.
Councilman Scott noted this item requires a 4/5°s vote of the Council. Since
he is against authorizing the purchase of this property he will be voting
against it and suggested a continuance for a full Council.
MSUC (Scott/Malcolm) to continue this item for one week.
Councilman Malcolm questioned the City Manager as to the status of the parking
study. City Manager Goss responded the study was to be made six months after
the opening of the parking structure.
ll. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION
OF TOWN CENTRE PARKING STRUCTURE SIGNS IN THE CITY OF
CHULA VISTA {Director of Building and Housing)
THIS ITEM WAS DELETED
12a. RESOLUTION 11616 ADOPTING POLICIES FOR THE SELECTION OF TOW COMPANIES
FOR POLICE REQUESTED TOWING SERVICE (Director of
Public Safety)
b. RESOLUTION 11617 APPROVING RATE INCREASE FOR POLICE REQUESTED TOWING
c. ORDINANCE AMENDING SECTION 5.58.060 OF THE CHULA VISTA
MUNICIPAL CODE CLARIFYING THAT THE NOTICE REQUIREMENT
DOES NOT APPLY TO EMERGENCY TOWS - FIRST READING
City Manager Goss explained that at the Council meeting of September 13, 1983,
Bu~er's Bestway Towing Service requested their company be added to the Police
Emergency Towing List. Staff was directed to prepare a bid procedure or
Request for Proposals Procedure to process Butler's request as well as
requests from other companies who may want to participate in providing this
service.
Director of Public Safety Winters submitted the minimum qualifications and
procedures for the bidding process recommending the City enter into a two year
agreement with any tow company that meets minimum qualifications. At the end
of that period additional companies would be considered who meet the minimum
qualifications.
The current rate schedule for the towing services was adopted January 2,
1980. Staff recommends rate increases based on an analysis of those rates
that have been adopted in the last two years as well as the increases in
operational costs from 22% to 33%.
· -- City Council Meeting - 5 - May 8, 1984
In reviewing the current towing ordinance, Director Winters recommended
Section 5.58.060 be amended so police requests for emergency tow service would
be an exception to this requirement in that these incidents involve either an
accident, an arrest or a public danger and as such, a two hour notice is
inappropriate.
City Manager Goss discussed the three basic options:
(1} City sets the price and qualifications and companies bid a fee to
the City;
(2) City sets a maximum price and minimum qualifications with the lowest
bidder being awarded the contract;
(3) City sets qualifications and all companies that meet these
qualifications would be awarded the contract. This is the option
being recommended to Council.
As to the ordinance, Mr. Goss stated staff is recommending current 1 anguage be
deleted and the ordinance section (5.58.050) be referred to the City Attorney
to come back with revised language.
Mr. Duane Pudgil, 378 San Miguel Drive, Chula Vista, representing the four
towing companies explained the bidding process used by the City of San Diego;
the four contractors feel they are doing an adequate job in the City of Chula
Vista having 15 trucks available at all times; they are requesting a price
increase since the last one was granted in 1980. In answer to Councilwoman
McCandliss's question, Mr. Pudgil stated if more companies come in, the
service level would go down since the four companies now are on a lO-day
cycle. The days would automatically be cut down and the towing companies
would have to go into some other type of business to maintain their
operations. Mr. Anthony Charlton, Anthony's Touring Services, stated the City
of National City opened up their bidding and in so doing, lost a few of their
towing companies ending up with just two.
Mayor pro Tempore Moore questioned the City's litigation and liability
regarding the antitrust law in just limiting the bidding to these four
companies. City Attorney Harron explained he was comfortable with the
recommendation being made; because it excludes no one; however, at this time
he would recommend against any excl usivity. He explained there is a bill in
Washington now that would exempt cities from antitrust liabilities. If that
passes, cities can decide to do whatever they deem best without concern for
the antitrust consideration. Councilman Scott noted the resolution is for two
years and suggested a one year sunset clause be put in.
MSUC (Scott/Malcolm) to amend the resolution to state it would be for a period
of one year.
12a. RESOLUTION AS AMENDED OFFERED BY COUNCILMAN SCOTT, the reading of the
" text was waived by unanimous consent passed and approved unanimously.
A City Council Meeting - 6 - May 8, 1984
12b. RESOLUTION WAS OFFERED BY COUNCILMAN MALCOLM, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
12c. MSUC (Moore/McCandliss) to delete Section 5.58.050 and refer this back to
the City Attorney for the appropriate language.
CONTINUED MATTERS
! 13. RESOLUTION PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR
THE CHAMBER OF COMMERCE'S VISITOR DEVELOPMENT
BROCHURE (Director of Management Services/Community
Development Director (Continued from the meeting of
May l, 1984)
At the May 1 Council meeting, the City Council deferred consideration of this
resolution until the May 8 meeting and directed staff to provide a report
addressing questions raised by Councilmembers at the May 1 meeting. In the
interim, the Chamber of Commerce sent a letter requesting the City Council
defer until the regular budget review process any further consideration of
providing funding for a visitor-oriented brochure. The Director of Management
Services recommended deferral of consideration of appropriating funds for the
visitor development brochure until the regular budget reveiw process.
MSUC (Moore/Scott) to approve the staff recommendation.
14. REPORT OF THE CITY MANAGER
a. City Manager Goss stated he will ask for a Closed Session for purposes of
litigation after the Redevelopmerit Agency meeting.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
15. REPORT HANDYTRANS SURVEY (City Engineer)
A survey was conducted in March 1984 of Handytrans riders and eligible seniors
and handicapped persons who do not ride HandYtrans. The primary purpose of
the survey was to determine to what extent the existing "curb-to-curb"
services provided by HandYtrans, as compared with a "door-to-door" service,
meets the transportation needs of the community. The report discusses the
survey results, the issue of "curb-to-curb" and "door-to-door" service, the
degree of driver assistance associated with each service level and proposes a
· policy to clarify the degree of driver assistance to HandYtrans passengers.
The City Engineer recommends HandYtrans remain a "curb-to-curb" service; the
degree of driver assistance to passengers be clarified by a more specific
policy and those few passengers who have been provided, and have come to
depend upon driver assistance that is beyond the limits of "curb-to-curb"
service continue to receive this assistance.
Councilwoman McCandliss commented the person who proposed this survey has not
- had time to review it and has asked for a continuance.
MSUC (McCandliss/Scott) to continue this item for two weeks.
City Council Meeting - 7 - May 8, 1984
16. REPORT NATIONAL MULTIPLE SCLEROSIS SOCIETY REQUEST TO CONDUCT AN
"INTERNATIONAL SALSA FESTIVAL" (Director of Parks and
Recreation)
The San Diego Chapter of the National Multiple Sclerosis Society requested
permission to conduct the first annual "International Salsa Festival" from
10 a.m. to lO p.m., Saturday, August 25, 1984. The Parks and Recreation
Director recommended Council approve the event, including use of Memorial
Bowl, subject to staff conditions.
Councilman Malcolm questioned the percentage of dollars that go into the
charity rather than administrative fees. He suggested in the future, staff
note this in their reports to the Council.
MSUC (McCandliss/Scott) to approve the request which includes the Memorial
Bowl subject to any staff conditions.
MSUC (Malcolm/Scott) on waiver of fees for non-profit organizations, staff to
report on the percentage of dollars that go directly into the individual
programs.
17. REPORT ON PROPOSED AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER
19.14, 19.54 and 19.58 RELATING TO CARNIVALS (City
Attorney/Director of Planning)
The proposed draft ordinance establishes a procedure whereby the Zoning
Administrator is authorized to process applications for conditional use
permits for carnivals and circuses with an appeal right to Council. This
ordinance will allow for the expedited handling of permit applications.
Typically, these applications come in a short time prior to the requested
dates and the requirement for a conditional use permit through the Planning
Commission would in effect prohibit them.
MSUC (Malcolm/Scott) to refer this matter to the Planning Commission for
additional review, analysis and recommendation.
18. REPORT SOUTH BAY YMCA REQUEST TO CONDUCT A 5K FUN RUN (Director of
Parks and Recreation)
The South Bay YMCA requested permission to conduct a 5K Fun Run on Saturday,
July 14, 1984, at 7:30 p.m. The Director of Parks and Recreation recommended
Council approve the request, subject to staff conditions.
MSUC (Malcolm/Moore) to approve the request.
City Council Meeting - 8 - May 8, 1984
19. MAYOR'S REPORT
a. Mayor Pro tempore Moore discussed the problem with illegal aliens coming
into Chula Vista. He indicated surprise there has been n6 joint efforts
of the cities in the County to try to solve this problem. Council
discussion ensued regarding the bill pending in Congress; the image of
Chula Vista; League cooperation and support of the bill; question as to
what exactly the City could do to alleviate the problem; it is not a
State problem, it is a Federal problem; a person from the immigration
service will be speaking Monday, May 14, at the Mayor's breakfast and the
question could be raised at that time; a presentation should be made to
the Council.
b. In response to Mayor pro Tempore Moore's question, Conmnunity Development
Director Desrochers stated SANDAG is now completing its report on Senior
Housing. This will be coming to the Council very shortly along with
staff's report on the number of senior housing units in the City.
20. COUNCIL COMMENTS
a. Councilwoman McCandliss said she and the Mayor met with representatives
from Citizen's Action Network (CAN) and discussed the potential closure
of the West Covina site.
MSUC (McCandliss/Moore) for two letters to be written: one letter to the
County of San Diego to find out what the impact of the closure of the West
Covina site will have on the County's needs for another C1 ass I facility. The
second letter to BKK to see what they anticipate would be the impact of the
closure of the West Covina facility and what impact it might have on their
plant down here. The motion carried with Councilman Scott abstaining.
Councilman Malcolm remarked he checked into this and found out that only a
portion of the West Covina site will be closed. BKK will continue to dispose
of the same amount of gallons as previously allowed. The only change would be
who would be responsible for the dumping and clean up; who would pay for it
and how many companies will be bankrupt because of the cleaning up of the West
Covina area.
b. Councilman Malcolm submitted the Legislative report. He discussed
Senator Strom Thurmond's antitrust bill which would limit the liability
of the City and allow it to give an exclusive franchise. This bill is
Senate Bill 1578 and the Legislative Committee recommends support.
MSUC (Malcolm/Moore) to support SB 1578.
c. Councilman Malcolm explained Senate Bill 2769 concerns a vehicle license
fee allocation to cities and counties based on population provided by the
last census. If the City wishes to increase the fee, it would have to
spend at least $80,000 to have another census. Because of this huge
expense, the bill states that the cities can add on to the 1980 census.
City Council Meeting - 9 - May 8, 1984
MSUC (Scott/Moore) to support SB 2769.
d. Councilman Scott questioned when the report on the utilization of the
tiles on the senior housing center on "F" Street would be coming the
Council. Community Development Director Desrochers stated staff has
looked into both synthetic and lightweight concrete tile. The report
from the architect isn't back yet but staff is supporting the lightweight
concrete tile.
e. In response to Councilman Scott's question, Director of Parks and
Recreation Pfister explained staff is working in conjunction with the
Planning Department to develop a policy for landscaping median islands.
He will report back to the Council and recommend some type of strip
landscaping on the asphalt area on Telegraph Canyon Road which would be
in conjunction with this policy.
f. Councilman Malcolm questioned whether the Senior Citizen Housing complex
on F Street (across from City Hall) went through Design Review
Committee. Director of Planning Krempl stated it did go to the Committee
and was reviewed by them.
g. Councilman Malcolm discussed SB 1440 which puts unfair labor practices
under the State Employment Relations Board. It has cleared the committee
and League is requesting opposition.
MSUC (Malcolm/Scott) to oppose SB 1440 and for letters to go to the local
Committee and local Senator.
h. Councilman Scott questioned the schedule of the budget sessions. City
Manager Goss said an overview session will be scheduled the last week of
May; however, he did not have any particulars as to the exact budget
session. Councilman Scott noted he will be on vacation for one week
beginning June 1.
The Council recessed to the Redevelopment Agency meeting and reconvened at
8:50 p.m.
ADJOURI~ENT AT 8:50 p.m. to the meeting scheduled for Thursday, May lO at 7:00
p.m. at the Valle Lindo School and to the regular meeting of May 15, 1984 at
7:00 p.m.
EN Z, CMC
*" City Clerk
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