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HomeMy WebLinkAboutcc min 1985/04/02 Pg. 6 Missing MINUTES OF A SPECIAL DAYTIME MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, 4:00 p.m. April 2, 1985 ROLL CALL Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott, Moore Councilmember absent: Councilman Malcolm Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLJ~G, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of March 14 and March 19, 1985 Mr. Glen Casey, 302 Lemire Drive, Chula Vista representing St. John's Parish and Day School referred to Council's action at the last meeting (March 19) regarding the church's request for deferral of the block wall requirement. Mr. Casey said it was his understanding that conditions 4 and 5 were deleted. The draft resolution states: 4. "At the time of construction of Phase 2 of the Master Plan for St. John's Parish begins, that the requirement for the block wall be reexamined as a possible requirement in Phase 2 by the Director Of Planning". Mayor Cox explained it was his intent to withdraw Condition No. 5 which states" "pursuant to the request of the Planning Director, the Church may be required to prepare a noise study which considers the impact of the Church operation upon the adjoining properties - said noise study may be required at any time and shall be completed within 60 days after the Director's request. In the event such a noise study reveals an adverse environmental impact on the adjoining properties, the church shall be required to construct a 6' masonry wall along the westerly property line - said wall shall be reduced to 3-1/2 feet in height within the front setback along "K" and Kearney Streets~' This has been reflected in the minutes. City Council meeting 2 April 2, 1985 The balance of the motion was to accept the staff recommendation which included No. 4 Councilwoman McCandliss added that if any noise studies are needed, this will be taken into consideration in the Phase 2 construction. MSUC (McCandliss/Scott) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY (None) 3. WRITTEN COMMUNICIATIONS a. CLAIMS AGAINST THE CITY (1) Moira Jackson, 1127 Wisconsin Street, San Francisco, CA 94107 Moira Jackson filed a late claim against the City for personal injuries she incurred when she tripped and fell on an uneven sidewalk on February 2, 1984. Carl Warren and Company and the risk management staff recommended the City deny the application and let the court determine whether or not the delay was justified. (2) Marsha Ashworth, Guardian for James P. Warner, 667 "F" Street, Apt. D-2, Chula Vista, CA 92010 Marsha Ashworth filed a claim against the City on behalf of James P. Warner (her son and minor) for ~20,000 for medical expenses and personal injury suffered when he was struck by an automobile while walking in a crosswalk on "E" Street near Jefferson Avenue. It was recommended by Carl Warren and Company and the risk management staff the City deny this claim in order to commence the statute of limitations. MSUC (Moore/Scott) to deny claims 1 and 2. b. REQUEST FOR ADOPTION OF POLICY IN REGARD TO FIRMS DOING BUSINESS WITH THE CITY AND HIRING FORMER EMPLOYEES (J.R. Norman) Mr. Norman expressed concern regarding former employees or contract workers who are hired as consultants by firms doing business with Chula Vista. His recommendation was for a policy prohibiting this practice. MSUC (Moore/McCandliss) to refer to the City Manager for review. Councilwoman McCandliss requested an update of the City Manager's report to staff on conflict of interest. City Manager Goss responded it affects second jobs and involves the definition of wages and hours; therefore, it is necessary to meet and confer on this item. He added a draft policy has been completed. City Council meeting - 3 - April 2, 1985 c. REQUEST FOR CITY ACTION REGARDING FURNITURE REFINISHING HOME OCCUPATION PERMIT VIOLATIONS OF DAVID BERTRAND, 558 BERLAND WAY (Dr. and Mrs. T. Mautner) The request was for City action regarding the furniture refinishing, home occupation permit violations of Mr. David Bertrand of 558 Berland Way. MSUC (Moore/Cox) to refer this to the Zoning Enforcement Officer and the City Attorney's office for action. d. REQUEST TO HAVE SIGN POSTED AROUND MOBILEHOME PARKS/APARTMENT COMPLEXES/STREETS REQUIRING DOGS TO BE KEPT ON LEASHES AT ALL TIMES (James E. Armstrong) The request was for signs to be posted around mobilehome parks and apartment complexes requiring dogs to be kept on leashes at all times. MSUC (Scott/Cox) to file the letter and have staff look into the possibility of putting this into the next City newletter regarding the leash law. e. REQUEST TO REPLACE FENCE AT MAX FIELD (Chula Vista Pony League South) The request was for City's support to replace the fencing at Max Field. Thomas Martin, 205 Church Street, Chula Vista representing the South Bay Pony League informed Council of the dangerous situation at Max Field resulting from the need for a backstop and fence to protect the area adjacent to the restroom facility. MSUC (Scott/McCandliss) to pull this out from the Capital Improvement Program. Mayor Cox clarified the motion explaining this would allow staff to immediately advertise for a contract to put in the fencing that is missing along with the backstop. Staff will contact South Bay Pony League regarding the need for additional screening. 4. ORAL COMMUNICATIONS (None) CONSENT CALENDAR (5-11) MSUC (Cox/Scott) to approve the Consent Calendar with the exception of Item No. 10. Councilman Scott requested Item No- 10 be pulled. City Council meeting - 4 - April 2, 1985 5. RESOLUTION 11972 ACCEPTING PUBLIC IMPROVEMENTS SEWER FACILITIES TO SERVE RESTROOM AT ROHR PARK (Director of Public Works/City Engineer) M. Arrieta and Sons, Inc. has completed the construction of sewer facilities to serve the restroom in Rohr Park. On March 19, 1985, Council approved a change order to reduce the contract amount by ~3,292 for the substitution of seeding in lieu of placing sod in Provence Park and Rohr Park in the area disturbed through the construction of the sewer facility. Remaining in the contract was the resodding of the disturbed areas through the Golf Course. The completed work has been examined by the Department of Parks and Recreation and American Golf Association who are satisfied with the restoration. All work is now completed in accordance with the plans and specifications and to the satisfaction of the City Engineer. 6. RESOLUTION 11973 ACCEPTING PUBLIC IMPROVEMENTS - COLORADO AVENUE STORM DRAIN FROM OXFORD STREET TO MOSS STREET (Director of Public Works/City Engineer) KIP, Inc. completed the installation of storm drain facilities in Colorado Avenue between Oxford Street and Moss Street. All construction work was completed and a final inspection made on February 12, 1985. The construction work was found to be completed in accordance with approved plans and specifications and to the satisfaction of the City Engineer. The City's total construction cost for this project is ~230,259.65 which includes ~20,102.50 which is eligible for reimbursement by the State Department of Water Resources under the Telegraph Canyon Flood Control Project. In addition, the City's full cost recovery engineering cost is ~35,596.84. City's total project cost is therefore ~265,856.49. 7. RESOLUTION 11974 APPROPRIATING ~4,500 FROM THE CONTINGENCY RESERVE TO FUND PROMOTIONAL/CULTURAL PROGRAMS UNDER A CITY/COUNTY AGREEMENT(Assistant City Manager) An agreement between the City and the County of San Diego was approved by the City Council on November 20, 1984 and provided for the City to act as a contractor for the County in providing cultural/promotional programs on behalf of the County with funding provided out of County transient occupancy tax revenues. The contract does not provide for advance funding of the various programs authorized and therefore requires the City to front the cost and seek reimbursement at a later date. Since funds were not provided in the 1984-85 City budget for these expenditures, authorization to expend up to ~4,500 from the contingency reserve was requested. City Council meeting - 5 - April 2, 1985 8. ORDINANCE 2107 ADDING CHAPTER 13.14 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A SEWERAGE FACILITY PARTICIPATION FEE - SECOND READING AND ADOPTION (Director of Public Works/City Engineer) The system Of fees proposed is based on a charge of 5300 per equivalent dwelling unit (EDU). This ordinance was placed on first reading at the meeting of March 19, 1985. 9. REPORT PHASING OF FUTURE DRAINAGE PROJECTS (Director of Public Works/City Engineer) Staff has identified 46 projects needed throughout the City wi~h' the total cost to construct these projects estimated to be 59,062,000. The recommendation was that Council direct staff to prepare a 20-year drainage improvement program for submission in late 1985 and refer this report for review during the 1985-1986 CIP, as well as the 5-year CIP. 10. REPORT DELOITTE HASKINS & SELLS REGARDING INTERNAL ACCOUNTING CONTROLS OF THE CITY OF CHULA VISTA FOR THE YEAR ENDED JUNE 30, 1984 (Director of Finance) (Pulled from Consent Calendar) 11. REPORT CITY OF CHULA VISTA AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 1984 AND AUDITORS' OPINION (Director of Finance) In accordance with generally accepted auditing standards, Deloitte Haskins and Sells has examined the financial statements of the City of Chula Vista. In their opinion, the financial statements present fairly the financial position of the City of Chula Vista as of June 30, 1984. End of Consent Calendar 10. REPORT DELOITTE HASKINS & SELLS REGARDING INTERNAL ACCOUNTING CONTROLS OF THE CITY OF CHULA VISTA FOR THE YEAR ENDED JUNE 30, 1984 (Director of Finance) In conjunction with the audit of the City's financial statements, Deloitte Haskins ~ Sells performed a limited evaluation of the City's accounting and data processing systems. Their study and evaluation disclosed no condition believed to be of material weakness. City Council meeting - 7 - April 2, 1985 13. RESOLUTION 11975 APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE AGREEMENT, APPROVING A PRELIMINIARY OFFICIAL STATEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO (TELECOMMUNICATIONS SYSTEM) (Director of Finance) Councilman Scott stated since his employer in involved with this on the financial level, he will abstain from voting and left the dais at this time. Director of Finance Christopher explained that at its March 19, 1985 meeting, the City Council appropriated ,298,410 and awarded a contract to Telecom Plus of California for the purchase of a NEAX 2400 Telecommunications System. The Council also authorized staff to pursue financing for the Telecommunications System through the California Cities Financing Corporation. The term of the financing for Chula Vista is 5 years. The City will make semi-annual lease payments to the Trustee and it is estimated that the total net payments made by the City over the term of the financing will be *380,000. This results in a cost of financing and effective interest rate of 7.63% to the City of Chula Vista. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved by the following vote: AYES: Cox, McCandliss, Moore NOES: None ABSTAIN: Scott ABSENT: Malcolm Councilman Scott returned to the dais at this time. 14. RESOLUTION 11977 APPROVING COUNCIL POLICY REGULATING THE USE OF UTILITY FUNDS FOR UNDERGROUND CONVERSIONS OF PRIVATE SERVICE LATERALS (Director of Public Works/City Engineer) On January 5, 1982, the California Public Utilities Commission (CPUC) allowed local agencies the option to utilize part of their utility fund allocations for converting customers' services. ' City Council meeting - 8 - April 2, 1985 The CPUC decision applies to SDG&E and Pacific Bell. Cox Cable TV is not affected by the decision; however, they have agreed to participate by providing conduit and service wires (up to 100 feet in length) at no cost to the property owner. The proposed policy limits the reimbursement to only single family residential properties. The policy sets the maximum reimbursement to the cost for trenching and conduit installation for up to 100 feet of the private service lateral as specified by the CPUC decision. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimons consent, passed and approved unanimously. 15. RESOLUTION 11978 ACCEPTING BIDS AND AWARDING CONTRACT FOR PAVEMENT RECONSTRUCTION AND OVERLAY OF CITY PARKING LOTS NOS. 5 AND 6 AND APPROPRIATING FUNDS THEREFOR (Director of Public Works/City Engineer/Director of Finance) On February 27, 1985, sealed bids were received for placement of pavement overlay and pavement reconstruction on City parking lots numbers 5 and 6. The recommendation was to: (1) appropriate 532,200 from the unappropriated balance of parking meter funds; and (2) accept bids and award contract to Cocco Construction Company, San Diego in the amount of 527,982 (low bidder). Councilman Scott asked whether a City policy exists for checking the lots on an annual basis. Director of Finance Christopher explained a survey was made three months ago and it was found that two parking lots in the downtown area were in such poor condition that immediate action was warranted. The other parking lots will be scheduled over the next two years through the CIP program and all will be checked on an annual basis. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 16. RESOLUTION 11979 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE SENIOR INFORMATION AND REFERRAL SERVICES TO THE SOUTH RAY AREA DURING FISCAL YEAR 1985-86 (Acting Director of Parks and Recreation) ! ir City Council meeting - 9 - April 2, 1985 The City of Chula Vista has operated the South Bay Senior Information and Referral Center for the past seven years. Partial funding (527,937) for the Center is provided by a grant from the County Area Agency on Aging (AAA). The Triple "A" is pleased with the services provided by the Center and has proposed the Agreement to operate the Center be extended for another year beginning July 1, 1985. The estimated budget is 558,920. Revenue to support the program is proposed from the following sources: County Area Agency on Aging (AAA) 527,937 Cmty Development Block Grant (CDBG) 30,983 558,920 In answer to Councilman Moore's query, Human Services Coordinator Castro explained the guidelines mandated by the Older Americans Act stipulate age 60 and above as an eligibility guideline. The Center; however, turns no one away. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. REPORT OF THE CITY MANAGER a. City Manager Goss stated that on Thursday, April 4, at 4 p.m. the Council will tour the Gersten properties (El Rancho del Rey). The tour will last approximately one hour. The Council will tour the site via a 4-wheel drive vehicle with the option of a helicopter ride. b. City Manager Goss reported that a majority of the Councilmembers agreed on the date of Saturday, April 27, for the goals meeting. A facilitator will conduct the meeting. c. City Manager Goss answered the Municipal Pursuit question: "In 1984, which City in San Diego County had the highest crime rate per 1,000 population based on FBI indexes?" The answer was the City of Del Mar with 95.8% per 1,000. Others were: National City - No. 2 79.8% San Diego - No. 3 64.5% Chula Vista - 62% REPORTS OF DEPARTMENT HEADS 18. REPORT REVIEW OF PROPOSED CITY SEAL (Logo Subcommittee) -~ City Council meeting - 10 - April 2, 1985 With Council approval of the submitted rough design, the design consultant will prepare a final "camera-ready" rendering of the City seal. Once completed, the "camera-ready" rendering will be brought before the City Council for formal adoption as the new City Seal. The Logo Subcommittee has been continuing to work on alternatives for a new logo, and review of the alternatives will be scheduled for the next available Council Conference, Councilwoman McCandliss voiced her concern over the amount of "rays" to the sun. Councilman Scott explained how most of these lines were taken off the original seal. The final design will be presented to Council in the near future. MSUC (Cox/Moore) to accept the Logo Subcommittee's final recommendation for the City Seal. Councilman Scott reported the Logo Subcommittee will present suggestions at the next Council Conference. 19. MAYOR'S REPORT a. MSUC (Cox/MeCandliss) for Closed Session for purposes of m. litigation dealing with Hudson vs. Chula Vista; Sierra Club vs. Coastal Commission; Citizens Action Network vs. City of Chula Vista and other items of potential litigation. b. Mayor Cox reported on his recent trip to Washington and meetings held with representatives of the various Departments of the Navy and Corps of Engineers dealing with the proposed second harbor entrance. c. Mayor Cox commented he met with the Assistant Director of the Federal Highway Administration to talk about the City's concerns regarding entry signs. He suggested staff put together all information including the renderings and size of the entry signs the City is proposing on I-5 and 1-805 and schedule a meeting with Bill Dotson, District Director in San Diego about the program on advertising freeway signing that would have identifying logos of various companies/businesses adjacent to the freeways. Staff could brief the District Director and then schedule appointments with the Director of Caltrans in Sacramento along with District Director for the !_ Federal Highway Administration. The Administration in Washington recommended the City file an application with Caltrans with a follow-up meeting with the Federal Highway Administration. City Council meeting 11 - April 2, 1985 20. COUNCIL COMMENTS a. Councilwoman McCandliss reported on her meetings with Congressional members in Washington regarding Revenue Sharing. The cities are all fighting for continuation of the program; however, she opined there would be a two-year phase down. A program, based on population or project need, is being looked at to continue urban aid rather than an outright grant for Revenue Sharing. b. Councilman Scott agreed with Councilwoman McCandliss on Revenue Sharing commenting on the possibility of the phase-out. c. Councilman Scott complimented Mayor Cox on his lobbying efforts on behalf of the City while in Washington. The Mayor's manner is one of great professionalism and is doing a tremendous job. d. Councilman Scott declared the library bathrooms are in poor condition and would like something done about this "in an expeditious manner". e. Councilman Scott noted the Library is asking for more staff due to increased circulation. This is due to the schools cutting back on their library facilities. There will be more wear and tear on the library building from this increased usage and ultimately may result in more employees (in the Library). The schools are saving money; however, the Chula Vista taxpayers will be paying the costs. f. Councilman Scott commented on the minutes of the International Friendship Committee meeting referring to the discussion on brochures. The minutes attributed a comment by the City Clerk that the Mayor would transfer money to pay for the brochures. City Clerk Fulasz said her statement to the Commissioners was that the Mayor Cox asked her to get an estimate of the cost and submit this to Council for either a transfer of funds or an appropriation. Councilman Scott asked to see a copy of the changed minutes. g. Councilman Scott referred to the request of various Commissions to have business cards. He stated this has been considered by the Council on previous occasions and not approved. MSUC (Scott/Moore) this item be brought up to the Council at the next meeting - whether or not Commissioners should be allowed to have their own business cards - pros and cons on this. ! I 'r City Council meeting 12 - April 2, 1985 h. Councilman Moore discussed joint and several liability legislation - "deep pocket". .He serves on a special committee (formed of the League of Cities) to come forth with some strong efforts to the City's legislators, the business community and service clubs, to educate them on the results of the effect of this bill. MSUC (Moore/Scott) have Council approve the efforts by this subcommittee and this representative to offset the finance cost of joint several liability to California cities. City Manager Goss noted the joint power authorities have been notified of the change in rates. The City is exploring the possibilities of other cities banding together to get insured and increased bargaining power. Councilman Scott remarked he would like to get the packet which the California League of Cities has put together on their legislative effort in Sacramento and more information from Councilman Moore's Committee prior to taking action. The Council recessed to Closed Session at 5:10 p.m. The City Clerk was excused and the City Manager reported the meeting ended at 6:34 p.m. ADJOURNMENT AT 6:34 p.m. to the Council Tour scheduled for 4 p.m. on April 4, 1985 and to the meeting of April 9, 1985 at 7 p.m. City Clerk WPG: 0564C PAG