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, ~
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