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HomeMy WebLinkAboutcc min 1983/11/08STATE OF CALIFOP~IA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURN~.~NT OF .N~EETING 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 R[GULAR meeting of the Council of the City of Chula Vista was held NOVEMB[R 8, ]983 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, November 9, ]983 at ~he hour of 9:30 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~ting of November 8, ]983 was held. , ' ' ' ; le r Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held November 8, ]983 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: Moore, McCandliss, Scott, Malcolm Councilmen absent: Mayor Cox ADJOURNMENT pro Temp0re Moore The Mayor/adjourned the meeting at 8:05 p.m. until Thursday, November ]0, ]983 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 November 8, ]983 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday~ November 8, 1983 Council Chamber 7:00 p.m. Public Services. Building ROLL CALL Councilmembers present: Councilmembers Scott, Malcolm, Moore, McCandliss Councilmembers absent: Mayor Cox Staff present: City Manager Goss, City Attorney Harron In the absence of Mayor Cox, Vice Mayor Moore presided over the meeting. PLEDGE OF ALLEGIANCE, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor pro Tempore Moore followed by a moment of silent prayer. 1. APPROVAL OF THE MINUTES OF THE MEETINGS OF OCTOBER 27 AND NOVEMBER 1, 1983 MSUC (Malcolm/Scott) to approve the minutes. Councilwoman McCandliss abstained from voting on the minutes of October 27 since she was not present at that meeting. 2. SPECIAL ORDERS OF THE DAY RESOLUTION 11438 COMMENDING ROBERT BURKE FOR HIS EXCELLENT SERVICE ON THE BOARD OF APPEALS AND ADVISORS RESOLUTION 11439 COMMENDING AHMET KAYA FOR HIS EXCELLENT SERVICE ON THE BOARD OF APPEALS AND ADVISORS RESOLUTION 11440 COMMENDING EDWARD J. KOSTELNIK FOR HIS EXCELLENT SERVICE ON THE BOARD OF ETHICS RESOLUTION 11441 COMMENDING HERBERT L. LEMMONS FOR HIS EXCELLENT SERVICE ON THE CIVIL SERVICE COMMISSION RESOLUTION 11442 COMMENDING MARJORIE NEWCOMB FOR HER EXCELLENT SERVICE ON THE CIVIL SERVICE COMMISSION RESOLUTION 11443 COMMENDING DOROTHY DAVIES FOR HER EXCELLENT SERVICE ON THE INTERNATIONAL FRIENDSHIP COMMISSION RESOLUTION 11444 COMMENDING HARRY WOOLF FOR HIS EXCELLENT SERVICE ON THE INTERNATIONAL FRIENDSHIP COMMISSION City Council Meeting - 2 - November 8, 1983 RESOLUTION 11445 COMMENDING TOM MONEY FOR HIS EXCELLENT SERVICE ON THE PARKING PLACE COMMISSION RESOLUTION 11446 COMMENDING LINDA NAVARRO FOR HER EXCELLENT SERVICE ON THE PARKS AND RECREATION COMMISSION RESOLUTION 11447 COMMENDING GAYLE JOHNSON FOR HER EXCELLENT SERVICE ON THE PLANNING COMMISSION The resolutions will be presented by Mayor Cox at the City's 12th Annual Board/Commission/Committee Banquet to be held on Thursday, November 17, 1983 at Jimmy's on the Green, 4475 Bonita Road, Bonita. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR CONSIDERATION TO RENAMING BRANDYWINE AVENUE AT ITS INTERSECTION WITH TELEGRAPH CANYON ROAD AND DORA LANE TO MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT (Community Hospital of Chula Vista) On October 25, 1983 the Hospital Board of Directors requested the City Council give consideration to renaming Brandywine Avenue at its intersection with Telegraph Canyon Road and Dora Lane, to Medical Center Drive and Medical Center Court respectively. MSUC (McCandliss/Scott) to refer this item to staff. b. REQUEST FOR ALLEY IMPROVEMENT IN DOWNTOWN AREA AS HIGH PRIORITY DUE TO APPROACHING RAINY SEASON (Chula Vista Downtown Committee) A serious drainage deficiency exists in the alley on the east side of Third Avenue between Center and Madrona Streets. The Chula Vista Downtown Committee requested the 1911 Block Act proposal to improve the alleys be moved to a high priority so the subject alley could be completed prior to the upcoming rainy SeaSOn. MSUC (McCandliss/Malcolm) to refer this item to staff. 4. ORAL COMMUNICATIONS a. Bob Norman, 908 Mission Avenue, Chula Vista, complained of the actions of the Planning Commission during the public hearing held recently on the Granny Flats stating they totally disregarded public input. Mayor pro Tempore Moore reminded Mr. Norman the Council has scheduled a public hearing on this item; his testimony should be given at that time. Mr. Norman stated the legal fees for Councilman Scott should be paid by the City and then the City Attorney should be directed to go after the person who made the accusation and collect this money. Mayor pro Tempore Moore noted this item will be on the Council Conference meeting of Thursday, November lO, 1983. City Council Meeting - 3 - November 8, 1983 CONSENT CALENDAR (Items 5-8) MSUC (Malcolm/McCandliss) to approve and adopt the Consent Calendar. 5. RESOLUTION 11448 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ANTHONY CIOTTI FOR SERVICES RELATIVE TO THE CITY'S COMMUNITY HOUSING IMPROVEMENT PROGRAM (CHIP) (Community Development Director) The City has contracted with Mr. Ciotti since February of 1977 for services in connection with the Housing Rehabilitation Programs. The current agreement with Anthony Ciotti for services in connection with the City Community Housing Improvement Program (CHIP) expired August 31, 1983. The increase would amount to an $189 per month addition or $1,766 per month. 6. RESOLUTION 11449 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GARRY WILLIAMS FOR PROFESSIONAL SERVICES FOR FY 1983-84 WHICH REFLECTS A 12% COST OF LIVING ADJUSTMENT (Director of Parks and Recreation) On July 20, 1982, Council approved an agreement between Garry Willjams and the City for an Open Space Coordinator to oversee the ten open space districts during FY 1982-83. On March 15, 1983, Council authorized an increase of the Coordinator's working hours from half-time (1/2) to three-quarter (3/4) time. Mr. Williams' contract for professional services as Open Space Coordinator was extended by Council action until October 31, 1983, pending completion of meet and confer negotiations. The Director of Parks and Recreation recommended a f 1 increase FY 1983-84 retroactive to July 1, 1983. 12% cost-o - iving for Councilman Scott objected to the language "12% cost of living increase" indicating this was a raise in salary and the phrase "cost of living" is not appropriate. 7. RESOLUTION 11450 ACCEPTING BIDS AND AWARDING CONTRACT FOR REROOFING OF CITY HALL AND FIRE STATION NO. 1 IN THE CITY OF CHULA VISTA (City Engineer/Director of Building and Housing) On October 26, 1983 the City Engineer received the sealed bids and recommended Council (1) authorize the expenditure of $76,700 from the following accounts: a) Account No. 600-6000-RS37 Reroofing Fire Station No. 1 $20,600, b) Account No. 600-6000~RS35 - Reroofing City Hall - $56,100; (2) accept bids and award contract to E. A. Brown Roofing Co., San Diego, low bidder in the amount of $69,696. 8. RESOLUTION 11451 ACCEPTING BIDS AND AWARDING CONTRACT FOR INSTALLATION OF STREET LIGHTS ON "L" STREET FROM BROADWAY TO INDUSTRIAL BOULEVARD (City Engineer) The installation of street lights on "L" Street from Broadway to Industrial Boulevard, in conjunction with overhead utility undergrounding was approved in City Council Meeting 4 November 8, 1983 the FY 83-84 Capital Improvement Program as project GT-156. Bids were received by the City Engineer on November l, 1983 and he recommended Council accept the bids, award this contract to Lekaunas Electric, Inc., the low .-.. bidder, and authorize the expenditure of $20,500 from Account 250-2501-GT156. End of Consent Calendar RESOLUTIONS AND ORDINANCES, FIRST READING 9. RESOLUTION 11452 ~CCi{&'FI;tG ~I9S AND AWARDING CONTRACT FOR RENOVATION OF THE LOMA VERDE RECREATION CENTER IN THE CITY OF CHULA VISTA AND APPROPRIATItG i-'LIN~}S THEREFOR (City Engineer/Director of Parks and Recreation) The City Council on September 17, 1981 passed Resolution No. 10629 which directed the City Manager to make application for $81,000 from funds made available through the California Parkland Act of 1980. Those funds were to be used for renovation of Loma Verde Recreation Center. The City's grant application was approved on July 23, 1982. Upon approval of the grant application, departmental staff retained Mr. David Grant, a Chula Vista architectural designer, to prepare actual plans and specifications necessary to issue bid specifications for the renovation. On September 13, 1983 the City Engineer received the sealed bids. Total funds allocated by the State Department of Parks and Recreation for this project was $81,000. $10,830.65 has already been encumbered for architectural service and City engineering and inspection costs. Additional funds from the unappropriated reserves of District 6 and 16 of the Parks Acquisition and Development Fund are available to complete this project. The City Engineer recommended Council authorize the: (1) appropriation of $23,343.65 from the unappropriated balance in Park Acquisition and Development funds, to Account No. 614-6140-PRlO-Renovation of Loma Verde Recreation Center; (2) expenditure of $93,513 for actual services for renovation work at the Loma Verde Recreation Center; and (3) acceptance of all bids and award contract to low bidder Pharaoh Construction, La Mesa. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS lO. REPORT CITY CODE REQUIREMENTS FOR A FOUR-FIFTH'S VOTE TO OVERRIDE PLANNING COMMISSION ACTIONS (City Attorney/Director of Planning) The City Attorney reports that City Code requires a four-fifth's vote on the part of Council to overrule a Planning Commission action with regard to two actions: {1) conditional use permits {Section 19.14.130); and (2) variances {Section 19.14.250). This requirement is only found in the City Code and there is no similar prohibition in the Charter. Therefore, the City Council has the prerogative of amending this ordinance at any time to remove the four-fifth's requirement by reducing it to a majority. City Council Meeting - 5 - November 8, 1983 The City Attorney recommended direction be given to prepare an amendment to the City Code to remove the present requirement for an extraordinary vote of the City Council to override an action of the Planning Commission for conditional use permits and variances and to direct the Planning Commission to review the proposed amendment prior to City Council consideration. This item was continued pending a full Council. MSUC (Scott/Malcolm) to continue this item to the meeting of November 15, 1983 (for a full Council). ll. REPORT COMPOSITION OF AN AD-HOC COMMITTEE ON HAZARDOUS AND TOXIC SUBSTANCES (Mayor Cox) At the meeting of October ll, 1983, the City Council asked for a report on the composition of an ad-hoc committee that will be formed to study, monitor and investigate the treatment, storage and handling of hazardous and toxic waste in the Chula Vista area which could potentially impact the Chula Vista environment. The Mayor proposed the ad-hoc committee be composed of the following representatives: 2 City residents/homeowners, 2 County officials, 2 industry representatives, 1 general business representative, 1 representative from Otay Municipal Water District, and 1 representative from the Sweetwater Authority. In addition to these individuals, the City Manager would be an ex-officio member together with a representative from the City and County of San Diego also as ex-officio members. This item was continued pending a full Council. MSUC (Scott/Malcolm) to continue this item to November 15, 1983 - a full Council to be present. 12. REPORT OF THE CITY MANAGER a. City Manager Goss requested a Closed Session at the end of the meeting for matters pertaining to pending litigation. Councilman Scott requested that personnel matters also be discussed. MSUC (McCandliss/Malcolm) for a Closed Session for matters of personnel and litigation. b. City Manager Goss stated he will be attending a joint meeting of the State Assembly and Senate Local Government Committee on Thursday at the County Administration Building beginning at 10 a.m. with Councilman Moore, members of the Chamber of Commerce and staff will also attend. The subject is the State Legislators' proposal for long-term financing for the cities. Mr. Goss stated they will be referring to the Council's resolution of support sent to the League of California Cities Conference in San Francisco in October. City Council Meeting - 6 - November 8, 1983 REPORTS OF OFFICERS AND DEPARTMENT HEADS 13. REPORT TO CONDUCT ANNUAL STARLIGHT YULE PARADE (Director of -,~ Parks and Recreation) The Chamber of Commerce and the Sweetwater Union High School District requested the City jointly sponsor the Annual Yule Parade scheduled for 7 p.m., Monday, November 28, 1983. The Parks and Recreation Director recommends Council approve the request, subject to staff conditions. As a co-sponsor of the parade, the City will absorb the cost of $150 to supply the street sweeper and operator. Volunteer reserve police officers will be assigned to crowd traffic control at no cost to the City. MSUC (Scott/Malcolm) to accept the staff recommendation. 14. REPORT FEASIBILITY OF IMPLEMENTING 1911 BLOCK ACT PROCEEDINGS ON MANKATO STREET BETWEEN FOURTH AVENUE AND GLOVER AVENUE (SOUTH SIDE ONLY) (City Engineer) A few months ago, Council directed staff to investigate the condition of the roadway on Mankato Street near the County court facility and to make a recommendation regarding the possibility of implementing the 1911 Block Act proceedings to upgrade this area. The City Engineer reported that to complete the missing improvements requires the construction of about 270 linear feet of curb and gutter; 1,100 square feet of sidewalk; two driveways; two wheelchair ramps; reconstruction of half the travelway (pavement) at a cost about $19,370 6 52 ' ' (~1 , 0 construction cost and $2,850 in engineering, inspection and administrative expense). The missing improvements are considered to be on the side-street frontage for both parcels, and the City would be responsible to contribute about $9,470 toward installation of the missing improvements. Engineering staff contacted both property owners and discussed the 1911 Block Act District procedures to install their missing public improvements. Both property owners decided not to voluntarily join the City in this effort to improve the area. Engineering staff, therefore, suggests that 1911 Block Act procedures not be used for these properties and recommended no action be undertaken at this time to install the improvements. Staff anticipates that in the future the properties will be under different ownership and/or may be redeveloped. In such event, staff will contact the new owners or require the improvement construction as a condition of building permit approval. MSUC (Scott/Malcolm) to accept the staff recommendation. City Council Meeting - 7 - November 8, 1983 15. MAYOR'S REPORT a. Mayor pro Tempore Moore commented the Council agreed to invite members of businesses or managers of stores to City banquets. The next banquet will be November 17, (Boards and Commissions) and Mayor pro Tempore Moore urged Councilmembers to contact the secretary and inform her of the people they wish to invite. b. Mayor pro Tempore Moore referred to the letter received from the Sweetwater Valley Civic Association in which they requested a moratorium on development on Bonita Road until an overall traffic study has been completed. MS (Moore/Scott) to place this request on the next Council Agenda under Written Communications. SUBSTITUTE MOTION MS (McCandliss/Malcolm) to refer this request to staff and they investigate it and bring back a report looking at the scope of the project; how long it might take; and the advisability of ordering a moratorium. Discussion of the motion involved the legal aspects in which the City Attorney stated there would be no problem in referring this matter to staff; however, when the subject of the moratorium is before the Council, measures will have to be taken to break the impasse which may be caused by the conflicts of interest. Mayor pro Tempore Moore indicated a time limit should be put on this study. He stated the signalizations at Bonita Glen and Flower Street will be a matter of great confusion unless they are set so there will be a steady and easy flow of traffic. The substitute motion for the staff study carried unanimously. 16. COUNCIL COMMENTS a. Councilman Malcolm referred to a report recently advertised on KSDO radio regarding a survey of hospital costs. It revealed 97% of hospital patients were overbilled. Councilman Malcolm referred to the recent actions of the Council in issuing signs for hospitals, changing the names of streets and issuing financial bonds. In response, the two hospitals in this City should give the Council some background information to assure them the people in this area are not being overbilled. MS (Malcolm/Moore) to direct a letter over the Mayor's signature to the two hospitals in the City asking them to inform the Council as to their auditing procedures in order to check any overbilling. City Council Meeting - 8 - November 8, 1983 Councilman Moore indicated the hospitals should be asked to advise the Council on what their billings are and how they affect the citizens of this community. Councilman Scott commented he is appalled there is a 97% overbilling; however, he is not sure this is a valid assumption. The Council should be very sure of all the facts; for instance, the survey - what type of hospitals were surveyed, what type of groups, type of care, etc. Councilman Malcolm withdrew his motion, Mayor pro Tempore Moore withdrew the second. Councilman Malcolm stated he will contact the radio station and get this report and submit it to the Council after which time it can be an agenda item. b. Councilman Malcolm stated he toured the Point Robinhood Subdivision with the President of the Homeowner's Association. 60% of the area is in open space. This project was designed before Proposition 13 when water was inexpensive and large open spaces were desirable. Now the residents cannot afford the open space maintenance. They are paying $500 a year plus maintenance of the roads. They own an excess piece of land that houses the RV Park in their area and wish to sell this parcel of land moving the RV Park to another location. They will use the money to repair the streets in the area. MS (Malcolm/Scott) to direct staff to: (1) bring back a report regarding other planned residential developments in the City and what would happen if the City takes over maintenance of these roads would it open up doors to several other projects; (2) to report a recommendation on the relocation of the RV Park and whether or not the Council can change an open space area and allow it to be sold. Councilman Scott indicated the motion was too specific and should be more general in nature such as whether or not the City should take over private roads and a second motion regarding the RV Park. In answer to Councilwoman McCandliss' query, City Manager Goss stated this matter has already been submitted to staff and they are investigating it. He would add the study for the RV Park. Mayor pro Tempore Moore stated he will split the motion for the vote. FIRST MOTION Staff report on other planned residential developments and City taking over maintenance of the roads carried unanimously. SECOND MOTION Staff to report on the relocation of the RV Park (the pros and cons) carried unanimously. City Council Meeting - 9 - November 8, 1983 c. Councilman Malcolm commented on the left-turn signal light at the intersection of Third Avenue and "F" Street going west noting there is a very limited time in order to make this left-turn signal. City Engineer Lippitt explained the signals are on a fixed time and are weighed according to the traffic. He will take another look at this and report to the Council. d. Councilwoman McCandliss referred to the mailgram received from the City of Lakewood concerning the pro City amendments to HR 103 (Cable TV). MSUC (McCandliss/Scott) for the City Manager to send a telegram of support to Congressman Bates and tell him the Council is looking to him for his support of this resolution which will be discussed at the National League of Cities Conference in New Orleans at the end of this month. Council recessed to Closed Session at 7:35 p.m. The City Clerk was excused and the City Manager reported the session ended at 8:05 p.m. ADJOURNMENT at 8:05 p.m. to the Council Conference of November lO, 1983 at 4 p.m. and to the meeting scheduled for Tuesday, November 15, 1983 at 7 p.m. NIE M. FULASZ, ~ : 1 erk WPG: 0361C PAG