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HomeMy WebLinkAboutcc min 1983/05/24 STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNmeNT OF .MEETING CITY OF CHULA VISTA ) I, Patricia A. Guardac0sta,~being first duly sworn depose and say ~: Deputy a ~ That I am the duly chosen, qualified and c_ing/Clty Clerk of the City Council of the City of Chula Vista; That the regular meeting of the Council of the City of Chula Vista was held May 24, ]983 and said meeting was adjou. rned to the time and place specified in the order of adjournment ATTACHED HERETO: That on May 25, ]983 at the hour of 10:45 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 May 24, ]983 was held. Deputy City Clerk 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 ~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held May 24, ]983 The City Council met in the Council Chambers at the City Hall, 276 Fourth Avenue on the above date at 7:00 p.m. with the following: Councilmen present: Mayor Cox, Councilmen Scott, Malcolm, Moore, McCandliss Councilmen absent; , , , , , , ~f , , ADJOURNMENT The Mayor adjourned the meeting until May 28, 1983 at 4:00 p.m. in the ~+~+~+t~n+~B~+f+g+/Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, PAIRICIA GUARDACOSIA, DeputyCity 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 May 2~, ]98~ PATRICIA GUARDACOST~, Deputy City Clerk City of Chula Vista, California · "] T MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday May 24, 1983 Council Chamber 7:00 p.m. Public Service Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott, Moore, Malcolm Councilmembers absent: None Staff present: City Manager Goss, City Attorney Lindberg Assistant City Manager Asmus 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 FOR THE MEETING OF MAY 17, 1983 MSUC (Cox/Malcolm) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY (None) 3. WRITTEN COMMUNICATIONS LETTER URGING ADOPTION OF SIMILAR RESOLUTION REGARDING EFFORTS TO OBTAIN ALLOCATION OF LOW COST HYDROELECTRIC POWER FROM THE HOOVER DAM (City of Poway) MSUC(Scott/Malcolm) to send a letter to the City of Poway stating action has already been taken and enclosing the resolution. PUBLIC HEARING AND RELATED RESOLUTION 4. PUBLIC HEARING APPROVAL OF BLOCK GRANT APPLICATIONS AND STATEMENTS OF OBJECTIVES FOR BLOCK GRANT FUNDING (Director of Community Development) a. RESOLUTION 11240 APPROVING APPLICATIONS AND STATEMENTS OF OBJECTIVES FOR BLOCK GRANT FUNDS This being the time and place as advertised, Mayor Cox opened the public hearing. In a written report to Council, Director of Community Development Desrochers reported the City is entitled to $933,000 of Community Development Block Grant funds in FY 1983-84. An additional $358,000 in Block Grant funds is currently available to the City through the recently-enacted Emergency Jobs Bill. City Council Meeting - 2 - May 24, 1983 To receive funding under these federal appropriations, the City Council must approve Statements of Objectives describing in general terms the types of programs that the City intends to fund. Funds can be received from HUD thirty days after submittal of the Statements of Objectives and necessary application forms. Objectives of the program are: l) to provide benefit for low and moderate income individuals; 2) to prevent or eliminate slums and blight; 3) to deal with urgent community development needs. Housing Coordinator Gustafson noted that in the local budget process, the proposed programs will come back to Council for discussion, selection, and evaluation of the proposed projects. City Manager Goss stated the Operating Budget will be considered on Thursday, May 26| there are other items to be reviewed which will culminate June 21 in a formal public hearing including the Operating Budget, Capital Improvement Program and Revenue Sharing Program. Kathryn Lembo, 406 Third Avenue, Chula Vista, Executive Director of South Bay Community Services said she was in favor of the goals and objectives of the program. Councilman Malcolm questioned what portion of the funding was going to her agency and City Manager Goss answered Meals on Wheels and Our House. Miss Lembo also stated in response to Councilman Malcolm's query that 80% of their clients fell in the low-moderate income. Maggie Helton, 162 Mankato Street, Chula Vista, Commission on Aging member was concerned with submitting this application to HUD in a timely manner. She was reassured by Community Development Director Desrochers that the City has until June 1 to submit the application. Helen Stokes, 1543 Max Drive, Chula Vista representing Meals on Wheels, South Bay stated funding is urgently needed as they have increased from 88 to 91 people and many people need to be subsidized. Anne Fabrick, 501-2 Anita Street, Chula Vista, Seniors representative, spoke for Del Rey High School and the nutrition project urging reinstitution of the Block Grant to carry on the Shared Housing program. Sheryl Foster of Halleluleh Corporation, La Mesa, a work training program for the disabled, stated the intent of their funding allocation was to provide needed jobs for jobless Americans. There being no further comments, either for or against, the public hearing was declared closed. Councilwoman McCandliss commented she agreed with all the Statements of Objectives and suggested the following addition to the Jobs Bill Block Grant I '1 ? City Council Meeting - 3 - May 24, 1983 Statements of Objectives: 3) to encourage participation of minority contractors and minority subcontractors; and 4) work to target or encourage the participation of quality contractors and subcontractors who have trouble competing with the larger companies. By the term "encourage", she remarked that there are different techniques which can be used such as making bids smaller, identifying trade groups to contract and larger solicitation to minority contractors and subcontractors. Community Development Director Desrochers declared HUD has specific rules regarding encouraging small contractors/minority contractors regarding Affirmative Action Equal Opportunity Programs. The City has adhered to those rules but has not made that one of its Statements of Objectives. There are different types of programs that could be brought before the Council waiving or bonding the contractors to allow small minority contractors to get a bid. MSUC (McCandliss/Scott) to add an amendment to the Statement of Objectives by adding 3) to encourage participation of minority contractors and minority subcontractors and 4) work to target or encourage participation of quality small contractors. 5. ORAL COMMUNICATION S a. Brenda Maldonado, 281 B Rancho Drive, Chula Vista expressed concern regarding SANDER trash-to-energy plant in the City. Problems the plant will provoke are:l) arguments brought to Council regarding J Street location are valid for any location in the City; 2) present technology has not been able to resolve problem of waste disposal without creating hazardous conditions for human health; 3) Chula Vista has to fight a poor image in this County which will not improve with SANDER; 4) most desirable industries will not be attracted to zones for waste. b. Bess Pocklington, 656 Glover Place, Chula Vista requested Council to take a position against the SANDER plan at Otay landfill; noting that the rendering plant, land fill, BKK treatment and transfer station,chemical company and hazardous waste dump of which parts are buried in drums and others are hauled in by tankers and dumped. A combination of all this mixture would prove to be a deadly toxin. This will be serviced by diesel trucks estimated at 630 round trips daily. Mrs. Pocklington also discussed the lung cancer caused by diesel fumes causing a major impact on citizens health. Councilwoman McCandliss questioned how much information or in-depth knowledge the City has on the hazardous waste site closed two years ago. City Engineer Lippitt responded the landfill site accepted hazardous waste a couple of years ago and a couple of ponds accepted waste which were not used for water - this was handled under State control in order to insure it was done properly. MSUC (McCandliss/Moore) 1) for staff to bring back a report on the current conditions of the Otay landfill as it relates to hazardous waste; 2)to include a letter from the Mayor to the County requesting a report on any hazardous material. I1 T City Council Meeting - 4 - May 24, 1983 c. Bob Maxwell, 473 Berland Way, Chula Vista expressed concern about SANDER; the danger to ground water; BKK coming in without an EIR (Environmental Impact Report); suggested a "wait and see" policy before the City permits any more plans in the area; he is willing to share a "60 minute" video tape on pollution. d. J. R. Norman, Mission Avenue, Chula Vista attended a meeting with Assemblyman Steve Peace recently in Nestor concerning the sewage problem in Tijuana and expressed concern of additional waste being deposited in Chula Vista. He feels citizens in Chula Vista were "short changed" in not being notified of a plant being located here. Mr. Lee explained the public hearing process conducted for the BKK site which went before the Planning Commission about a year ago adding that the Conditional Use Permits stop at Commission level. Councilman Malcolm personally toured the plant and studied the facility and found a lot of good features and suggested staff set up a meeting on a Saturday with BKK to tour the plant. MSUC(Malcolm/McCandliss) for meeting to be set up with BKK on a Saturday for staff to tour the plant. CONSENT CALENDAR (Items 6-13) MSUC (McCandliss/Malcolm) to approve the Consent Calendar. 6. RESOLUTION 11241 ACCEPTING PUBLIC IMPROVEMENTS "E" STREET/WOODLAWN AVENUE TRAFFIC SIGNAL (City Engineer) On July 20, 1982, the City Council awarded a contract for installation of a traffic signal at "E" Street/Woodlawn Avenue (Resolution No. 10949). The contractor, Steiny and Company Inc., completed the traffic signal to the satisfaction of the City Engineer on March ll, 1983. 7. RESOLUTION 11242 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NEIL W. AND BETTY C. BONNER REGARDING SEWER SERVICE AND ANNEXATION RELATIVE TO 128 NORTH SECOND AVENUE (City Engineer) City Engineer Lippitt reported on Council's action of May 3, 1983, authorizing connection of 128 North Second Avenue to the City sewer system was based upon a series of conditions. Physical connection of the property will not be undertaken until all of those conditions have been met. The conditions deal primarily with the payment of various fees, authorizations from other agencies, and the owner's formal agreement that he will not oppose annexation of the property to the City of Chula Vista. The latter requires preparation and execution of a formal agreement between the property owner and the City. Such agreement has been prepared and executed by the owners, Neil W. and Betty C. Bonner, and is now submitted for Council consideration. I '1 T City Council Meeting - 5 - May 24, 1983 8a. RESOLUTION 11243 APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 11207 CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1983-84 (City Engineer) b. RESOLUTION 11244 DECLARING ITS INTENTION TO ORDER STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER LANDSCAPING TO BE MAINTAINED AND REPLACED FOR THE FISCAL YEAR BEGINNING JULY 1, 1983, AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO - CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING AND MAINTENANCE DISTRICT NO. 1983-84 (City Engineer) Council established the first maintenance district for the Town Centre Project in fiscal year 1979-80. The purpose of that maintenance district was to maintain the improvements on Third Avenue between "E" Street and "F" Street. It is now time to establish the assessments for the fourth year of the District. The City Engineer recommended that Council approve the resolutions accepting his report and setting June 7, 1983, as the time for the public hearing on the Town Centre No. 1 Street Lighting and Landscaping Maintenance District. 9a. RESOLUTION 11245 APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 11206 - CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1983-84 (City Engineer) 9b. RESOLUTION 11246 DECLARING ITS INTENTION TO ORDER STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER LANDSCAPING TO BE MAINTAINED AND REPLACED FOR THE FISCAL YEAR BEGINNING JULY 1, 1983, AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING AND MAINTENANCE DISTRICT NO. 1983-84 (City Engineer) On April 19, 1983 City Council adopted a resolution ordering the City Engineer to prepare and file a report for street lighting and landscape maintenance district on Bay Boulevard for the fiscal year 1983-84. The City Engineer recommended Council approve the resolutions accepting his report for spread of assessments and setting the date for the public hearing on June 7, 1983. City Council Meeting - 6 - May 24, 1983 lO. RESOLUTION 11247 TRANSFERRING $8,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE MOBILEHOME REHABILITATION PROGRAM (Community Development Director) The mobilehome component of the Community Housing Improvement Program (CHIP) has exhausted its funds for this fiscal year. Additional applications for assistance are pending. A transfer of funds from the regular CHIP account to the Mobilehome account would allow the completion of applications for this fiscal year. Funding for next fiscal year will be proposed during the budget process. ll. ORDINANCE 2034 AMENDING CHULA VISTA MUNICIPAL CODE SECTION 19.04.032, ESTABLISHING THE NUMBER OF ROOMS FOR A BOARDING HOUSE, SECTION 19.04.092, RELATING TO THE DEFINITION OF FAMILY, SECTION 19.04.112, ESTABLISHING THE NUMBER OF ROOMS FOR A HOTEL, AND SECTION 19.28.040, ADDING BOARDING OR LODGING HOUSE TO THE CONDITIONAL USES FOR THE R-3 ZONE SECOND READING AND ADOPTION (Director of Planning) On April 27, 1983, the Planning Commission by a vote of 4 to 2 recommended that the City Council delete the definition of "family" from the Municipal Code because the definition used by the Court is neither definitive nor clear. The staff concurs with the recommendation of the Planning Commission except that instead of deleting the definition of a "family", recommends that Section 19.04.092 be amended. The ordinance was placed on first reading at the meeting of May 17, 1983. 12. REPORT POSSIBLE ADDITIONAL AMENDMENTS TO DOWNTOWN IMPROVEMENT DISTRICT FEES (Director of Finance) At their March 22, 1983 meeting the City Council referred to staff a request to make a final review of any additional potential amendments to the Downtown Improvement District Fees. In addition to staff review, it was requested the Downtown Committee also evaluate the possibility of any additional need for further changes. The staff recommends that Ordinance 1964 as amended is adequate and no further modifications are necessary. 13. REPORT "ADOPT-A-TREE" REQUEST BY EXALTED RULER DUANE M. HUGHES, ELKS LODGE NO. 2011 (Director of Planning) The City Landscape Architect recently received a request from Elks Lodge #2011, Chula Vista, to accept their second donation of ~150 to "Adopt a Tree" in the City Hall complex; the donation to be in memory of their 25 Brother Members who died since last Memorial Day. The staff recommends that Council accept the $150 donation and designate a representative to attend the dedication ceremony on "Memorial Day", Monday, May 30, 1983. End of Consent Calendar. City Council Meeting - 7 - May 24, 1983 RESOLUTIONS AND ORDINANCES, FIRST READING 14a. RESOLUTION 11248 APPROVING MAP OF CHULA VISTA TRACT 80-5 UNIT B ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS, PARKSITE AND OPEN SPACE LOT, DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME (City Engineer/Director of Planning) b. RESOLUTION 11249 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EL RANCHO DEL REY CORPORATION WAIVING THE RIGHT TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE IMPROVEMENTS OF TELEGRAPH CANYON ROAD c. RESOLUTION 11250 ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM EL RANCHO DEL REY CORPORATION FOR ONE FOOT CONTROL LOTS A AND B d. RESOLUTION 11251 NAMING AND DEDICATING ONE FOOT CONTROL LOT I OF MAP 8723 AS EAST "j" STREET FOR PUBLIC USE e. RESOLUTION 11252 ACCEPTING GRANT OF EASEMENT FROM EL RANCHO DEL REY CORPORATION FOR STREET PURPOSES FOR PASEO DEL REY FROM EAST "J" STREET TO EAST "H" STREET f. RESOLUTION 11253 APPROVING A PROGRAM OF PARK DEDICATION AND PAYMENT OF FEES FOR CHULA VISTA TRACT 80-5, EL RANCHO DEL REY 6 On May 27, 1980 Council approved the Tentative Map for Chula Vista Tract 80-5, E1 Rancho Del Rey 6. The Final Map for Unit B is now before Council for approval. The Final Map for Chula Vista Tract 80-5 Unit B has been checked and found to be in conformance with the Tentative Map. Unit B consists of 76 residential lots, one church site (Lot 109), one commercial lot (Lot llO), one open space lot (Lot D) and one parksite lot (Lot C). The owners have executed a grant of easement for street purposes for Paseo Del Rey from East "J" Street to East "H" Street. Acceptance of the street easement will provide the City the opportunity to require the construction of that segment of road at such time as the roadway is needed. The street is not being named and dedicated for public use at this time. When improvements for this segment of Paseo Del Rey are ready for acceptance, a resolution naming and dedicating the roadway will be included with acceptance of public improvements. Acceptance of one foot control Lots A and B are needed to control access to East "J" Street and Beechglen Drive. The naming and dedication of one foot control Lot I of Map 8723 will provide the access needed for the subdivision. City Council Meeting - 8 - May 24, 1983 The owners have paid all fees and submitted all required documents and bonds. All conditions of approval applicable to Unit B have been met. RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION 11254 AUTHORIZING SCOOT SUBMISSION OF AMENDED FY 1982-83 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM (City Engineer) In November 1981, the "Five Year Plan Update" for SCOOT and HandYtrans was presented to Council at a Council Conference. One recommendation in the Plan was that SCOOT should consider buying buses for Chula Vista Transit (CVT) during the next 3 to 5 years. Council concurred with this recommendation and directed the Transit Coordinator to develop an acquisition plan for buses. This acquisition plan was presented to Council at its meeting on April 12, 1983, and will be considered by Council during the FY 1983-84 Transit Division budget review. In order to finance a bus procurement should Council and SCOOT Board decide to buy buses, Council and SCOOT submitted an amended TDA claim in FY 1981-82 reserving $273,245 for future bus purchase. The Transit Coordinator estimates that there will be a minimum balance of $181,251 in the Chula Vista TDA account at the end of this fiscal year. This amendment to the FY 1982-83 TDA 4.0 claim will reserve this unallocated apportionment ($181,251) for the future purpose of buying buses. RESOLUTION OFFERED BY COUNCILMAN MOORE the reading of the text was waived by unanimous consent, passed and approved unanimously. 16. RESOLUTION 11255 ACCEPTING PETITIONS FOR STREET IMPROVEMENTS ON THE NORTH SIDE OF OTAY VALLEY ROAD BETWEEN OLEANDER AVENUE AND NIRVANA AVENUE AND DIRECTING THE CITY ENGINEER TO PROCEED WITH THE FORMATION OF AN IMPROVEMENT ACT ASSESSMENT DISTRICT AND PREPARE THE NECESSARY PLANS AND COST ESTIMATES (City Engineer) In December 1982, the City staff met with several of the property owners who own property adjacent to Otay Valley Road between Oleander Avenue and Nirvana Avenue. As a result of that meeting, Engineering staff prepared a petition for the formation of an improvement district along the north side of Otay Valley Road between Oleander Avenue and Nirvana Avenue. Copies of the petition were sent to the various property owners. The City received a very positive response from the property owners in the area for formation of an assessment district to improve Otay Valley Road. The staff recommends that Council accept the petitions and authorize the City Engineer to proceed with formation of an improvement district and to prepare the necessary plans, specifications and cost estimates. RESOULUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 9 - May 24, 1983 17. RESOLUTION 11256 APPROVING AN AGREEMENT WITH THE ASSOCIATION FOR RETARDED CITIZENS, SAN DIEGO COUNTY, FOR THE EXPANSION OF THE STARLIGHT CENTER (Community Development Director) On November 3, 1981, the City Council approved an amendment to the 1981-82 Block Grant Program which included the amount of $72,000 to build an expansion to the Starlight Center in Chula Vista. This contract will implement that project by providing for payments to various contractors to finish the building. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 18. RESOLUTION 11257 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SCOOT FOR TRANSIT SERVICE FOR FY 1983-84 (City Engineer) SCOOT was established in August 1979 as a joint powers agency between the City of Chula Vista and the County of San Diego. SCOOT provides transit service to both members and makes Transportation Development Act (TDA) claims against each member's apportionment based on transit service provided. RESOLUTION OFFERED BY COUNCILMAN SCOTT the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. RESOLUTION 11258 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY TRANSIT SERVICES, INC. TO OPERATE HANDYTRANS FOR FY 1983-85 (JULY 1, 1983 TO JUNE 30, 1985) (City Engineer) The current agreement with Community Transit Services, Inc. (CTS) to operate HandYtrans terminates on June 30, 1983. The Transit Coordinator solicited proposals from qualified firms through the competitive bid process to operate HandYtrans for FY 1983-84 and FY 1984-85. An evaluation committee reviewed the two proposals received and selected CTS as the firm better qualified to provide the specialized transportation services specified in the Request for Proposal (RFP). RESOLUTION OFFERED BY COUNCILMAN MOORE the reading of the text was waived by unanimous consent, passed and approved unanimously. 19A RESOLUTION 11259 ACCEPTING AN ASSIGNMENT OF AN AGREEMENT WITH SEDWAY/COOKE FROM THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (Community Development Director) At a previous meeting the Redevelopment Agency entered into an agreement with the planning firm of Sedway/Cooke to provide professional services in assisting its efforts to develop a Local Coastal Plan. City Council Meeting - lO - May 24, 1983 The Redevelopment Agency also authorized staff to make application for a planning grant from the Coastal Commission to assist its payment for professional planning services. The grant was made to the City in the amount of 528,800 for planning for implementation measures only. As part of the grant process, the Redevelopment Agency was required to assign the agreement with Sedway/Cooke to the City. This was done at the May 19th Agency meeting. The Council is requested to continue the process by accepting the assignment of the agreement from the Agency to the City. RESOLUTION OFFERED BY COUNCILMAN SCOTT the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS 20. RESOLUTION 11260 RESCINDING RESOLUTIONS NOS. 11042 AND 11055; PROVIDING FOR A SPECIAL APPROPRIATION OF FUNDS IN THE AMOUNT OF $37,478.08; APPROVING CHANGE ORDER NO. 4 IN THE AMOUNT OF $43,235.08 FOR JIMMY'S ON THE GREEN RESTAURANT; WITHHOLDING $4,400.00 AS LIQUIDATED DAMAGES; WITHHOLDING $1,357.00 FOR ENGINEERING, INSPECTION AND OVERHEAD COSTS; AND APPROVING RELEASE OF ALL FUNDS DUE (Continued from meeting of 5/17/83) (Assistant City Manager) Councilman Malcolm stated he is abstaining from discussion and voting on this matter due to a possible conflict of interest. On May 10, 1983, the City Council considered a proposal and a report relating to several issues that have prevented final City action in accepting work within the terms of the contract let on December 15, 1981 for the remodeling and enlargement of Jimmy's on the Green. After consideration of the report, the City Council directed that a revised resolution be prepared reflecting modifications to the original recommendations submitted for further consideration by the City Council. The recommendation of the Assistant City Manager is that the City Council: 1) adopt the resolution rescinding Resolutions Nos. 11042 and 11055; 2) appropriate additional funds in the amount of $37,478.08; 3) approve Change Order No. 4 in the amount of $43,235.08; 4) withhold $4,400 as liquidated damages; 5) withhold $1,357 for engineering, inspection and overhead costs and 6) approve release of all funds due. This item was held over from the week of May 17, 1983. Mr. J. R. Norman, 908 Mission Avenue, Chula Vista observed the contract was assigned for Jimmys on the Green and felt that was wrong. Mayor Cox explained the bidding process noting that Mr. Martin was the lowest bidder. Later by Council action, Mr. Martin's rights to Jimmy's Family of Fine Restaurants were assigned and Mr. Martin continued as the RME on the project. City Council Meeting - ll May 24, 1983 RESOLUTION OFFERED BY COUNCIL~N SCOTT the reading of the text was waived by unanimous consent passed and approved by the following vote: AYES: Cox, McCandliss, Scott, Moore Noes: None Absent: None Abstain: Malcolm 21. RESOLUTION 11261 APPROVING AMENDMENT BETWEEN THE CITY OF CHULA VISTA AND JIMMY'S FAMILY OF FINE RESTAURANTS, INC. TO LEASE AGREEMENT FOR THE MAINTENANCE, OPERATION AND IMPROVEMENT OF THE RESTAURANT AND BAR PREMISES AT THE CHULA VISTA MUNICIPAL GOLF COURSE KNOWN AS JIMMY'S ON THE GREEN (Continued from meeting of 5/17/83) (Assistant City Manager) Councilman Malcolm abstained due to possible conflict of interest. On May 10, 1983, the City Council considered a report on the Jimmy's on the Green remodeling project and among other things, considered Change Order No. 4 allowing extra work items and additional funds re(~uired to meet the financial obligations of the City in completing this project. The previous agenda item, implements the general intent of the City Council's action taken on May 10, 1983. In considering the overall report, the City Council directed that as a part of the settlement of the various issues involved, an amendment to the lease agreement between the City and the Lessee be prepared which would provide for the transfer of landscaping maintenance reponsibilities from the City to Lessee. The proposed resolution in response to that direction has been executed by the Lessee. The recommendation of the Assistant City Manager is to adopt the resolution approving the amendment transferring the landscape maintenance reponsibilities from the City to Lessee and changing the due date for rent pa3n~ents from 10 days after the end of the preceding month to the fifteenth day following the end of the preceding month. This item was continued from the meeting of May 17, 1983. RESOLUTION OFFERED BY MAYOR COX the reading of the text was waived by unanimous consent, passed and approved by the following vote: AYES: Cox, McCandliss, Moore, Scott Noes: None Absent: None Abstain: Malcolm City Council Meeting - 12 - May 24, 1983 22. RESOLUTION 11262 APPROVING AND GRANTING EASEMENT TO DR. WALTER SHAW FOR PRIVATE WATER SERVICE THROUGH CITY OPEN SPACE - (Continued from meeting of 4/5/83) (City Engineer) At its meeting of April 5, 1983, Council considered the granting of an easement for a private water service across a portion of Open Space District No. 4. As part of the discussion, Council members Questioned whether the COSt of processing the easement should be charged to the applicant and whether his property should be annexed into Open Space District No. 4. The recommendation of the City Engineer is that Council: 1) adopt a resolution granting an easement for a private water line to the applicant and authorize the Mayor to sign the document on behalf of the City and require Dr. Shaw to pay staff costs; 2) direct staff to return with a policy requiring the payment by benefiting parties of all City costs associated with processing grants of easements or other rights for private parties or developers. RESOLUTION OFFERED BY COUNCILMAN MALCOLM the reading of the text was waived by unanimous consent, passed and approved unanimously. 23. REPORT OF THE CITY MANAGER a. Redevelopment Agency was to establish a Public Information Program and recommendation was to be reached by June 1. There are several options available regarding a full-time vs. a part-time staff person; a contract employee vs. a consultant. Staff has been working very strenuously on this process and a report and recommendation will be made for Agency's consideration on Thursday at the end of budget consideration in order to meet the June 1 deadline. b. Staff is going through a process of soliciting requests for proposals for a possible public relations firm to supplement that activity. In connection with the review, Mr. Goss requested a member of the City Council to participate with him and a member of the Business and Industry Development Committee to review those proposals. MSUC (Cox/Scott) to schedule the Public Information Specialist item for the Thursday, May 26 meeting at the end of the budget session. MSC (Malcolm/McCandliss)to appoint Councilman Moore to be on the Committee to screen proposals from public relations consultant firms. Councilman Scott was not present at the dais during this vote. REPORT OF CITY OFFICERS AND DEPARTMENT HEADS 24. REPORT TRAFFIC INVESTIGATION OF THE PARKING SITUATION ON EAST "H" STREET (City Engineer) At the Council meeting of March 1, 1983, the City Council referred citizen complaints of the traffic hazard caused by parking on East "H" Street near Hilltop High School to Traffic Engineering and Safety Commission for study. City Council Meeting - 13 - May 24, 1983 The Traffic Engineering review of accident records, street markings, and area parking demand show that: 1) there is no significant accident problem associated with cars parking on the south side of "H" Street, and 2) the traffic conditions on this segment are expected to change significantly when East "H" Street is opened to the east sometime this summer. The recommendation is that the City Council take no action at this time and the situation be reviewed six months after East "H" Street is opened to the east. MSUC (Moore/McCandliss) to accept the report. 25. REPORT ADVERTISING LEASE AGREEEMENT BETWEEN SCOOT AND TDI/WINSTON NETWORK, INC. FOR 1983-86 (City Engineer) SCOOT entered into the current advertising lease agreement with TDI/Winston Network, Inc. on July 1, 1981. The current agreement expires on June 30, 1983. The Transit Coordinator solicited proposals from qualified firms to place exterior and interior advertisements on Chula Vista Transit (CVT) buses. TDI/Winston Network, Inc. was the only firm that responded to the Request for Proposal (RFP). The recommendation is that Council recommend to SCOOT Board that the Board approve an advertising lease agreement with TDI/Winston Network, Inc. for a three year term (July 1, 1983, to June 30, 1986). MSUC (Cox/Moore) to accept the report. Mr. Warren Morris, Marketing" Manager of TDI/Winston Network, San Diego, answered questions pertaining to the inside space available for public use to advertise public events. The agreement provides that the City can use this interior space for public ads at no charge, If the City decided to switch over to Regional Transit, it will still have the option for inside advertising. Transit Coordinator Gustafson stated this would still hold as the agreement is between Scoot and TDI and even if the City changed contracts the agreement would still hold. 26. REPORT PROPOSAL TO OBTAIN VEHICLES FOR HANDYTRANS OPERATION UNDER THE URBAN MASS TRANSPORTATION ADMINISTRATON (UMTA) 16(b) (2) PROGRAM (City Engineer) The report from the Transit Coordinator discusses a proposal to obtain five vehicles for HandYtrans operation under the UMTA 16(b)(2) program instead of leasing vehicles from the contractor operator. Obtaining these vehicles would result in cost savings both to HandYtrans operation and to the San Diego region. The recommendation is that Council: 1) accept this report; 2) direct the Transit Coordinator to begin procedures necessary to obtain five 16(b)(2) vehicles for HandYtrans operation including requesting the Association of City Council Meeting - 14 - May 24, 1983 Retarded Citizens (ARC) of San Diego to submit a 16(b)(2) application on behalf of the City of Chula Vista; and 3) commit the required 20 percent local share to obtain these vehicles, estimated at $42,370, from the City Transit Service Fund. MSUC (Scott/Cox) to accept the report. 27. REPORT IMPROVEMENT OF THE THIRD AVENUE CENTRAL BUSINESS DISTRICT ALLEYS (City Engineer/Community Development Director) On February 8, 1977, Council accepted a report on "Improvement and Maintenance of City Alleys" prepared by the Engineering Department. This report discussed the surface type and condition of all alleys within the City and the extent and effectiveness of the City's alley maintenance practices. The City Engineer's recommendation is that City Council consider in the 1983-84 CIP submittals during budget session: 1) $31,000 for the overlay of six of the ten unimproved alleys located within the study area and 2) $194,000 for the reconstruction of the other four alleys. Mayor Cox questioned the process of improving the alleys in the central business district. Staff recommendation is to consider in conjunction with our CIP the expenditure of $194,000 to improve four alleys and to spend another ~31,000 to overlay six other alleys which would be an interim type of effort. For the same dollar amount, Block Grant funds could be utilized in a separate account and staff could make contact with various business people on Third Avenue and see if an Assessment District could be developed where all ten alleys could be improved. The City would pay for the full cost of designing, engineering and spread of assessments and the actual cost of improvements would be split 50/50. Mayor Cox added that the alleys are an important part of the commercial district but at the same time they do provide secondary access. City Council over the past several years has been very generous and helpful in working with the business districts. A lot of City money has been spent in improving the downtown area and this would be more of a good faith effort on the part of the City working hand in hand with the people on Third Avenue, as opposed to the proposal staff has where the City would basically step in and do the renovation repair and reconstruction of alleys. Mr. Slijk mentioned this at the Downtown Business Meeting this morning and indicated it was generally well received as a reasonable and fair approach to a problem that exists in the alleys. MS(Scott/Moore) for staff to come back with this recommendation in a resolution form. Community Development Director Desrochers remarked other monies would have to be used other than Block Grant monies as Block Grants cannot be used in an Assessment District. The proposal would have to be Redevelopmerit monies and discussed at a Redevelopment meeting. City Council Meeting - 15 - May 24, 1983 City Engineer Lippitt showed slides of the alleys which needed reconstruction on Garrett Street between "E" and "F" Streets; that of F and Center Street between Third Avenue and east and west of Third Avenue between Center Street and Madrona Avenue. SUBSTITUTE MOTION: MSUC (Scott/Cox) for staff to brin9 back a report on recommendations of what area should be an Assessment District and what should not be and prepare a resolution that would fit that report. 28. MAYOR~S REPORT a. City Attorney Lindberg stated that he had been contacted by Outdoor Advertising and they would like to schedule a meeting at the earliest convenience to discuss the problem of location for programming for development of the City's ordinance regarding MTDB. b. MSUC (Cox/Moore) request for a Closed Session for personnel matters at the end of the Council Agenda. 29. COUNCIL COMMENTS a. Councilwoman McCandliss questioned City membership in the Economic Development Corporation and was reassured by Community Development Director Desrochers that the City has been a member since last August. b. Councilman Malcolm gave a Legislative report stating he received a mailgram requesting Council take immediate action on items that have been previously acted upon. It was suggested that letters be written to State Senators, Assemblyman or U.S. Senators on: l) SB66 Goldwater (Cable Industry) 2) SB142 Ellis (Control of Signs; 3) SB 778 Dills (Mandatory Arbitration) up for reconsideration. 4) SB 575 Joint and Several Liability. Councilman Malcolm suggested the Mayor send appropriate letters stating Council has already taken action. Councilman Malcolm discussed AB1597 (Costa) which unilaterally allows the State to decide housing needs and housing elements. He and the Legislative Committee felt the Council should be able to make those judgments better than the State and asked to oppose AB 1597. MSUC (Malcolm/Cox) to send appropriate letters to members of the Assembly opposing AB 1597. The Council recessed at 9:10 p.m. to Closed Session for personnel and litigation. The Deputy City Clerk was excused and the Mayor reported the session ended at 9:30 p.m. City Council Meetin9 - 16 - May 24, 1983 ADJOURNMENT AT 9:30 p.m. to the Council meeting scheduled for Thursday, May 26, 1983 at 4 p.m. to deal with the budget and Saturday, May 29 Council will meet with Congressman Jim Bates at Jimmy's Restaurant at 12 p.m. for general items of discussion and to the budget meetin9 of May 31, 1983 at 5 p.m. JENNIE M. FULASZ, CMC City Clerk PATRICIA A. GUARDACOSTA Deputy City Clerk WPG:0299C PAG