HomeMy WebLinkAboutcc min 1983/11/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCZL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, November 1, 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
PLEDGE OF ALLEGIANCE, 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 OF THE MEETING OF OCTOBER 25, 1983
MSUC (Malcolm/Scott) to approve the minutes of October 25, 1983.
2. SPECIAL ORDERS OF THE DAY (None)
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY Sandra Thompson
755 First Avenue
Chula Vista, CA 92010
A claim was filed against the City in the amount of ~25,000 for alleged
assault and battery and negligent infliction of injury by Chula Vista police
officers. Due to the questionable liability to the City and in order to
commence the Statute of Limitations, Carl Warren and Company and the risk
management staff recommended Council reject this claim.
Jose Alvarez
832 Auburn
Bonita, CA
A claim was filed against the City in the amount of $15,000 for an alleged
false arrest, assault and battery by a Chula vista police officer. It was
recommended by Carl Warren and Company and the risk management staff that this
claim be rejected.
MSUC (Malcolm/Scott) to reject the claims.
City Council Meeting - 2 - November l, 1983
b. URGING SUPPORT OF OF RESOLUTION OF NATIONAL LEAGUE OF CITIES RELATIVE TO
FEDERAL CABLE LEGISLATION, LOCAL AUTHORITY AND CABLE SUBSCRIBER
PROTECTION (Mayor Zeltner, Lakewood)
The National League of Cities Transportation and Communications Steering
Committee unanimously passed a resolution calling for additional consumer
protections in the areas of rate regulation, the franchise renewal process,
and "grandfathering" of existing franchises. The National Association of
Telecommunications Officers and Advisors (NATOA) also unanimously approved a
resolution advising the NLC to oppose federal legislation that fails to
protect the interests of consumers and the rights and responsibilities of
local franchising authorities to serve those interests. Mayor Zeltner of
Lakewood authored a resolution on October 5 opposing the cable bill urging
support from the cities.
MSUC (Scott/McCandliss) to accept the recommendation of Lakewood and instruct
the Council's Delegate to vote in that regard - staff to prepare a resolution
to be brought back to the City Council.
c. REQUEST FOR INDUCEMENT RESOLUTION ON CANTERBURY COURT TAX EXEMPT
FINANCING ((Greenwich Development Co.)
Greenwich Development Company submitted a letter noting legislation
eliminating all tax-exempt mortgage revenue bond financing for both rental and
for-sale housing throughout the United States has been introduced to Congress
which could be detrimental to the recovery of affordable housing during the
ensuing years. They requested an inducement resolution from the City of Chula
Vista so that if the law is passed, their Canterbury Court project will be
exempted due to a "grandfather" clause.
MSUC (McCandliss/Scott) to refer this item to staff. (This item will be back
to the Council on November 15 along with the Planning Commission
recommendation).
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING AMENDMENT OF PRECISE PLAN GUIDELINES ESTABLISHED
WITH C-V-P ZONING 1-805 AND BONITA ROAD - BURGER
KING SIGN (Director of Planning)
The applicant submitted a letter requesting a continuance of the public
hearing to December 6, 1983 due to personal and business requirements,
creating scheduling conflicts.
MSUC (Scott/Malcolm) to continue this item to the meeting of December 6, 1983
as requested by the applicant.
· 1
City Council Meeting - 3 - November l, 1983
5. PUBLIC HEARING TO CONSIDER REQUESTED RATE INCREASE IN SECONDARY
SERVICES FOR COX CABLE TELEVISION SAN DIEGO
(Director of Finance)
The City Manager noted his previous request to continue the public hearing on
this item to this meeting. He stated, however, an additional two weeks is
needed.
MSUC (Moore/Scott) to continue this item to November 15, 1983 as requested by
the City Manager.
6. ORAL COMMUNICATIONS
a. Rik Espinosa, 8665 Gibbs Drive, Suite 201, San Diego, stated he is the
South Bay Bureau Chief of the new KOGO South Bay office. KOGO radio will
be broadcasting all news beginning November 14, 1983. Mr. Espinoza added
he is looking for an office in City Hall and offered his services to the
Council.
CONSENT CALENDAR (Items 7-12)
MSUC (Scott/Malcolm) to approve and adopt the Consent Calendar
7. RESOLUTION 11429 ACCEPTING GRANT OF EASEMENT FROM CENTRE CITY
ASSOCIATES, LIMITED COMMERCIAL, A PARTNERSHIP
FOR TOWN CENTRE CLOCK AND CARILLON (Community
Development Director)
At the last Redevelopment Agency meeting, Members requested the staff look
into the possibility of the Town Center Focus Area clock being installed in
the Town Centre Village and functional by the end of November in time for the
. Yuletide Parade. Staff reports the clock will be installed some time during
early to mid November if no unforeseen schedule delays are experienced.
8. RESOLUTION 11430 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND MR. AND MRS. JAMES N. MARSHALL TO
PROVIDE A. MOBILE HOME SPACE IN GREG ROGERS PARK
IN EXCHANGE FOR CERTAIN CARETAKER SERVICES
(Director of Parks and Recreation)
Mr. and Mrs. James Marshall were selected by a committee comprised of the
Parks Superintendent, the Park Ranger, and a representative from the Police
Department, the Parks and Recreation Commission and the Chula Vista Boys and
~-~ Girls Clubs as the new Security residents.
The MarshalIs are purchasing a 12' x 54' Fleetwood mobile home owned by the
incumbent Security Residents and will move in around November 5, 1983. There
will be a continuity of Security Resident presence and the Park Ranger will
maintain a close liaison with the MarshalIs during the early months of their
residency.
City Council Meeting - 4 - November l, 1983
9. RESOLUTION 11431 APPROVING THE CLAIM OF ~13,000 FROM THE
FY 1983-84 2% NON-MOTORIZED TRANSPORTATION
DEVELOPMENT ACT FUNDS (Bike Lane Reserve
Account)(City Engineer)
On June 24, 1983, the SANDAG Board of Directors approved Resolution No. 83-123
allocating $646,900 in Transportation Development Act funds (TDA) for the
planning and construction of bicycle and pedestrian facilities for FY 1984.
$12,500 of this total was allocated to the City of Chula Vista for the
construction of sidewalk improvements along Allen School Lane west of Surrey
Drive (flO,O00) and for a crosswalk pedestrian safety evaluation study
($2,500). The remaining funds were allocated to other member agencies or were
placed in the bike lane reserve account. Monies in this account (~60,000) are
used to fund mid-year projects or to supplement funding of projects already
approved and requiring additional financing for their construction.
Engineering requested authorization to apply for funds ($13,000) to install
the missing pedestrian safety improvements (curb, gutter, and sidewalk) on the
north side of East "J" Street east of Dennis Avenue. Prior to submission of
an official application; however, a City Council resolution approving the
claim is required.
10 a. RESOLUTION 11432 APPROVING THE BOUNDARY ADJUSTMENT BETWEEN OPEN
SPACE LOTS "Q" AND "H" OF MAP lO051 AND
AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE
CITY OF CHULA VISTA (City Engineer)
b. RESOLUTION 11433 ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY
FROM FINANCIAL SCENE FOR A PORTION OF LOT "Q" MAP
10051
c. RESOLUTION 11434 GRANTING AND ACCEPTING TO CERTAIN REAL PROPERTY
AND AUTHORIZING THE MAYOR TO SIGN THE GRANT DEED
COMBINING LOT "H" AND A PORTION OF LOT "Q", MAP
lO051 ON BEHALF OF THE CITY OF CHULA VISTA
Financial Scene, developer of Hidden Vista Village, owns open space Lot "Q" of
Map 10051 and the City owns open space Lot "H". A boundary adjustment has
been processed by Financial Scene so that all of the highly visible slope from
Ridgeback Road could be included in the open space district.
ll. ORDINANCE 2051 ADDING A NEW CHAPTER 9.15 ENTITLED "POSSESSION OF
INTOXICANTS IN PARKING LOTS" TO TITLE 9 OF THE
MUNICIPAL CODE SECOND READING AND ADOPTION
(City Attorney)
This ordinance would prohibit the possession of open alcoholic containers in
posted parking lots adjacent to businesses which sell alcoholic beverages. At
the Council meeting of October 25, 1983, the ordinance was placed on first
reading.
City Council Meeting - 5 - November l, 1983
12. ORDINANCE 2052 AMENDING SECTION 6.02.010 OF THE MUNICIPAL CODE
RELATING TO SPECIAL PERMITS FOR THE KEEPING OF
CERTAIN ANIMALS SECOND READING AND ADOPTION
(City Attorney)
This amendment would provide for a special permit to allow people to keep
animals which are otherwise prohibited by the Municipal Code. At the Council
meeting of October 25, 1983 the ordinance was placed on first reading.
(End of Consent Calendar)
MSUC (Moore/McCandliss) to consider Item 20 at this time.
REPORT FROM BOARDS AND COMMISSIONS
20, REPORT PROPOSED 1984 ODAWARA, JAPAN VISITATION
(International Friendship Commission)
At its meeting of 8/23/83, Councilwoman McCandliss reported receiving a message
from the Mayor of Odawara, Japan (Chula Vista's Sister City) inviting
Councilmembers to visit that city. Councilwoman McCandliss encouraged Council
to visit the City of Odawara; however, no city funds would go for travel
expenses. The Odawara Sister City Committee was asked to convene and discuss
the possibility of a delegation going to Odawara with the subcommittee to
report back to Council on the appropriate way to proceed. The International
Friendship Commission reports it would like to sponsor such a trip for the
official City delegation in April of 1984 in conjunction with the Lions Club
sponsored exchange students. The proposed itinerary with an approximate
individual cost being ~1,700 per person was submitted to Council.
MSUC (McCandliss/Scott) to accept the recommendation of the Commission.
Councilman Scott noted there are heavy rains in Japan during the month of
April. Mrs. June Brines, representing the International Friendship Commission
explained April was chosen so they can bring along the Foreign Exchange
Students at the same time.
MSUC (Moore/Malcolm) for a firm commitment to be made early in the planning
period and prior to communication with the Sister City and so notify the
International Friendship Commission,
Mayor pro Tempore Moore indicated he wished to avoid any false hopes to anyone
planning to take this trip.
RESOLUTIONS AND ORDINANCES, FIRST READING
13a. RESOLUTION 11435 AMENDING AGREEMENT BETWEEN THE CITY OF CNULA
VISTA AND THE RESIDENT INSPECTOR DATED FEBRUARY
8, 1983 FOR SERVICES RELATED TO THE CONSTRUCTION
OF THE TOWN CENTRE PARKING STRUCTURE (Director of
Building and Housing)
City Council Meeting - 6 - November l, 1983
b. RESOLUTION 11436 GRANTING AN EXTENSION TO THE GENERAL CONTRACTOR,
C.E. WYLIE CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF THE TOWN CENTRE PARKING STRUCTURE
FROM NOVEMBER 30, 1983 TO DECEMBER 19, 1983
(Director of Building and Housing)
On February 8, the Council approved an agreement between Mr. Gingerich and the
City for his services as Resident Inspector and Clerk of the Works. An
extension of time from seven months to ten months is being requested or to the
date of turnover to the City of the completed parking structure.
An extension of contract time to December 19, 1983 is being requested for the
contractor since construction of the Town Centre Parking Structure did not
begin until April 27. Bad weather and work on the site by the sewer, water,
and storm drain contractor served to delay the move-in from the planned date
of March 16. With the notice to proceed issued on April 27, there was a
150-day period for construction to proceed. The end date for construction
will be November 30.
Councilman Malcolm referred to the time this item was brought to Council
(February 1983). The Council was informed of the exact amount of time needed
for the Resident Inspector. Because of the rains, staff kept the Inspector on
salary for an additional six weeks so he could become familiar with the
construction plans. City Manager Goss stated he was disturbed about this fact
also, but added the task was a very complex one. After determining all the
facts, he now feels the additional time was necessary. The question was
whether or not the City was getting value for the additional time spent. Mr.
Goss declared he now feels this is a supportable fact.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the texts were waived
by unanimous consent, passed and approved unaninimously.
14. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT, AND APPROVING
CHANGE ORDER #1 FOR ASPHALT CONCRETE PAVEMENT OVERLAY
OF "C" STREET FROM FOURTH AVENUE TO BROADWAY AND
BROADWAY FROM "E" STREET TO "C" STREET IN THE CITY OF
CHULA VISTA (City Engineer)
MSUC (Moore/McCandliss) for this item to be trailed after Item No. 16.
CONTINUED MATTERS AND SECOND READINGS OF ORDINANCES
15. REPORT CITY CODE REQUIREMENTS FOR A FOUR-FIFTH'S VOTE TO
OVERRIDE PLANNING COMMISSION ACTIONS (City
Attorney/Director of Planning)
MSUC (Scott/Moore) to trail this item until the end of the meeting.
City Council Meeting - 7 - November l, 1983
16. REPORT STATUS AND DISPOSITION OF COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FUNDS AND TREATMENT OF SOCIAL
SERVICE FUNDING REQUESTS (Community Development
Director)
During the Block Grant budget process for FY 1983-84, the Council requested
several procedural changes regarding consideration of social service grant
requests and for treating surplus Block Grant funds during the fiscal year. A
summary of the new procedures and the current status of Block Grant funds from
all program years has been submitted by the Community Development Director for
Council's consideration.
He reported there is $35,579.64 in surplus funds available from previous
funding years, including this year's local option and $29,600 in excess
Emergency Jobs Bill funds under CDBG.
Community Development Director Desrochers recommended staff be directed to
utilize Block Grant Program procedures presented in his report, hold a public
hearing for the disposition of available funds, and utilize Emergency Jobs
Bill funds surpluses for the continuance of the street overlay program.
MSUC (Scott/Moore) to accept the staff's recommendation.
Director of Community Development Desrochers, in response to Councilwoman
McCandliss' question, stated the criteria was meant to be attached to the
Council's report and he will submit this to them.
14. RESOLUTION 11437 ACCEPTING BIDS AND AWARDING CONTRACT, AND APPROVING
CHANGE ORDER #1 FOR ASPHALT CONCRETE PAVEMENT OVERLAY
OF "C" STREET FROM FOURTH AVENUE TO BROADWAY AND
BROADWAY FROM "E" STREET TO "C" STREET IN THE CITY OF
CHULA VISTA (City Engineer)
On September 14, 1983, the City Engineer received sealed bids for the work to
be done which consists of providing l-l/2 inch thick asphalt concrete
overlay. The City Engineer recommends Council: (1) authorize the extenditure
of $98,000 from Account 641-6410-EJBO2-Pavement Overlay; (2) accept bids and
award contract to Sim J. Harris Company - San Diego, in the amount of
$65,602.80; (3) approve Change Order #1 with Sim J. Harris Company for
expansion of the project to include the overlay of Broadway from "E" Street to
"D" Street and authorize the City Engineer to execute the Change Order. The
cost of this Change Order is $25,383.60
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
Senior Civil Engineer Goldkamp explained the determination of e~igibility by
HUD in approving a successful bidder's application.
City Council Meeting - 8 - November l, 1983
17. REPORT REQUEST BY CHULA VISTA LIVE STEAMERS FOR CITY
--. ASSISTANCE IN OBTAINING A BUILDING AT ROHR PARK
(Continued from the meeting of 10-11-83)
(Director of Parks and Recreation)
At the August 16 meeting, Council received written communication from the
Chula Vista Live Steamers requesting the City's assistance in providing a
building that would function as a storate facility for equipment and clubhouse
h
for members. In addition, the C ula Vista Live Steamers requested permission
to utilize the maintenance area for parking of transporters. The Director of
Parks and Recreation recommends Council: (a) Deny the Live Steamers request
for: (1) financial assistance for construction of storage and meeting
facility; (2) usage of existing City buildings; (b) reevaluate any future Live
Steamers' request for storage facilities that include funding and construction
plans; (c) grant permission to utilize the maintenance area for parking of
transporters during weekend operations.
Councilman Scott noted that on the tour last Saturday the Council was informed
several meetings with this group was being scheduled and other options would
be considered.
MSUC (Scott/Moore) to hold this item over until the first meeting in December
(December 6, 1983)
18. REPORT OF THE CITY MANAGER (None)
REPORTS OF OFFICERS AND DEPARTMENT HEADS
19. REPORT BONITA OPTIMIST CLUB REQUEST TO SPONSOR A
CARNIVAL (Director of Parks and Recreation)
The Bonita Optimist Club requested permission to sponsor a carnival November
3-6 and lO-13, 1983 on the Price Bazaar property at Naples and Broadway.
Special police officers will be provided by the Police Department for which
carnival management has agreed to pay $6.06 per hour per officer. Business
license fees are ~250 per day; a total of $2,000 for the eight days. Staff
recommended approval.
MSUC (McCandliss/Moore) to accept the report and recommendation.
REPORT FROM BOARDS AND COMMISSIONS
20. REPORT PROPOSED 1984 ODAWARA JAPAN VISITATION (International
~ Friendship Commission)
See page No. 5.
City Council Meeting - 9 - November l, 1983
21. MAYOR'S REPORT
a. HAZARDOUS WASTE COMMITTEE COMPOSITION
At the City Council 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. It is proposed the ad-hoc committee be composed of the
following representatives: two (2) City residents/homeowners, two (2) County
officials, two (2) industry representatives, one (1) general business
representative, one (1) representative from Otay Municipal Water District, and
one (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.
MS (Scott/Malcolm) to accept the report and approve the general charge of the
Committee.
Councilwoman McCandliss expressed her concerns over the composition of the
Committee noting there will be two representatives from the County plus one
ex-officio member of the County. She remarked there were three (3) County
departments critical to this activity: Air Pollution Control, Solid Waste
Management and the Health Department which should be represented on the
Committee.
SUBSTITUTE MOTION
MS (McCandliss/Scott) to continue this item until the meeting scheduled for
Thursday, November 3, following the Redevelopment Agency meeting.
Councilman Moore suggested amending the main motion to solicit additional
members from the County but not more than two (2) County members would be
voting members - the rest would be ex-officio members. Councilman Scott
suggested continuation of this item to the next meeting. Councilwoman
McCandliss withdrew her substitute motion, Councilman Scott agreed to withdraw
the second.
NEW SUBSTITUTE MOTION
MSC (McCandliss/Scott) to continue this item to the meeting of November 8,
1983. The motion carried with Councilman Malcolm voting "no".
b. Mayor pro Tempore Moore presented the Council with tee-shirts sent by the
City Council of National City in reco9nition of Chula Vista bein9 the
"runners-up" in the baseball game held a couple of months ago.
Councilman Moore said he presented the "trophy" to National City today as
the winners of the baseball game. He also read a resolution from
Assemblyman Peace in which he asked a grant deed be honored due to the
commitment made by Mayor Cox that Chula Vista would exchange the bayfront
area if they lost the game and National City would give Chula Vista the
Bonita Plaza Shopping Center.
City Council Meeting - lO - November l, 1983
22. COUNCIL COMMENTS
a. 15. REPORT CITY CODE REQUIREMENTS FOR A FOUR-FIFTHS VOTE TO
OVERRIDE PLANNING COMMISSION ACTIONS (City
Attorney/Director of Planning)
MSUC (Scott/Malcolm) to hold this item for a full Council - November 8, 1983.
b. Councilman Malcolm discussed the Senior Housing Item considered by the
Council last week in which they required a modification to the ordinance
conditioning the construction on the installation of grab-bars.
Councilman Malcolm felt the staff should list these requirements so the
developers would know firsthand what is being required.
MSUC (Malcolm/Scott) to bring back a revised ordinance and direct staff to
prepare guidelines to conform to the City Council's direction on the condition
of requiring grab-bars and/or other specific hardware in the Senior Citizens'
Housing bathrooms.
c. Councilman Malcolm presented the Legislative Committee's report stating
they considered HR 4710 which is the Industrial Development Bond usage.
Councilman Malcolm noted the prohibition of various developments which
would be contained in the bill such as certain apartment and condominium
constructions, senior housing, water reclamation plants, etc. The
Legislative Committee recommended an urgent message be sent to the
representatives (such as a telegram) opposing this particular bill and
also to include the members of the House Ways and Means Committee.
MSUC (Malcolm/Scott) to direct the City Manager to send the telegrams opposing
HR 4710.
ADJOURNMENT at 7:45 p.m. to the meeting scheduled for Tuesday, November 8,
1983 at 7 p.m.
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