HomeMy WebLinkAboutcc min 1983/05/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, May lO, 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 MEETINGS OF APRIL 28, MAY 2, AND MAY 3, 1983
MSUC (Scott/Malcolm) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. PROCLAMATION PROCLAIMING SATURDAY MAY 14, 1983 AS "BUSINESS SALUTE
TO CHULA VISTA DAY"
The proclamation was presented to John VanderLinde, Chairman of the 1983
Business Salute to Chula Vista Day Committee.
b. PROCLAMATION PROCLAIMING THE WEEK OF MAY 15-21, 1983 AS "PEACE
OFFICERS WEEK"
The proclamation was presented to Director of Public Safety Bill Winters.
c. PROCLAMATION PROCLAIMING THE WEEK OF MAY 9-15, 1983 AS "NATIONAL
SALVATION ARMY WEEK"
The proclamation was presented to Kenneth Scott on behalf of the Chula Vista
Salvation Army,
3, ORAL COMMUNICATIONS
a. Bess Pocklington, 656 Glover Place, Chula Vista, referred to a news
article regarding the possibility of locating the SANDER plant in the
South Bay area. Mrs. Pocklington Quoted excerpts from the Los An9eles
Times dealing with the dioxin and deadly gases which would emit from such
a trash-to-energy plant and urged the Council to attend the SANDER
meeting this Friday at 9:00 a.m. at the County Administration Building,
Room 303, to voice their opposition.
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City Council Meeting _ 2 May 10, 1983
b. Patty Head representing the Del Mar Fair invited the City Council to the
Fair on July 2 at which time the Fair will celebrate Chula Vista Day.
c. J. R. Norman, Chula Vista questioned the time change from 7:00 p.m. to
5:00 p.m. for the Planning Commission meeting of May 25 at which time
they will discuss the Granny Flats (Accessory Units). Mayor Cox
indicated that the Commission meeting was scheduled earlier because it
may be a workshop meeting.
d. Bob Maxwell, 473 Berland Way, Chula Vista, agreed with the statements
made by Mrs. Pocklington regarding the SANDER plant. He added Chula
Vista could become the Long Beach of San Diego. Mr. Maxwell quoted the
election results in the cities of Brisbane, Berkeley and Gardena which
defeated a trash-to-energy plant and urged the Council to defeat this
proposition.
CONSENT CALENDAR
4. RESOLUTION ENTERING INTO A LEASE AGREEMENT WITH AUGUSTE AND
VASCO ROGRIGUES (Community Development Director)
The request for approval of an Encroachment Permit (No. PEO15) to allow the
owners of the Munchher Kind'l Restaurant to utilize 550 square-feet of public
right-of-way located at the northeast corner of Third Avenue and Center Street
for a sidewalk cafe. A condition of the encroachment permit is that Mr. and
Mrs. Rodrigues enter into a lease agreement with the City of Chula Vista for
the use of the public land.
Community Development Desrochers stated that Mrs. Rodrigues has just handed
him a letter requesting that the rental for the sidewalk-cafe be reduced from
$2.00 to $1.50 per square-foot (annual) due to it being a new concept and she
would like time to see if it would go. In answer to Council's inquiry,
Mr. Desrochers said that he would agree to the reduction for the first year.
Councilman Scott objected from the "off-hip" type approach stating that the
matter should be continued for one week as it needs more discussion.
MSUC(Scott/Malcolm) to hold this over for one week - (Items 4 and 5).
Councilman Malcolm questioned the 1 million dollar liability insurance stating
this amount should be increased to 2-5 million due to current liabilities.
Councilman Scott said that he would include that in his motion.
In answer to Councilwoman McCandliss' inquiry, Mr. Desrochers stated that cost
per square-foot comes to approximately .17¢ per month the .50~ reduction
would amount to $75 per year. Mayor Cox noted the difference in the lease and
the A-113 regarding the payments: one states it will be quarterly payments and
the other states it will be monthly. He asked that this be clarified.
City Council Meeting - 3 - May lO, 1983
5. RESOLUTION APPROVING ENCROACHMENT PERMIT NO. PEO15 TO AUGUSTE AND
VASCO RODRIGUES (City Engineer)
Mr. and Mrs. Auguste Rodrigues, owners of the Munchher Kind'l Restaurant have
requested permission to encroach within the public right-of-way at the
northeast corner of Third Avenue and Center Street for the purpose of
establishing a sidewalk cafe adjacent to their existing restaurant. This
project is within the Town Centre Redevelopment area and has received land use
and site plan approval from the Town Centre Project Area Committee and
Redevelopment Agency.
(Action taken to hold this for one week).
Note: Items 4 and 5 considered at the end of the agenda.
6. RESOLUTION 11225 ACKNOWLEDGING IRREVOCABLE OFFER TO DEDICATE REAL
PROPERTY FROM RALPH H. AND MARCY A. KAPPNER AT 21 DEL
MAR AVENUE (City Engineer)
The owners of the property at 21 Del Mar Avenue recently applied for a
building permit to add two bedrooms and a bathroom to their existing single
family dwelling. The valuation of the work exceeds $10,000. According to the
Chula Vista Municipal Code, this constitutes the requirement to dedicate the
necessary street right-of-way to provide for public improvements.
Due to the nature of the existing conditions in this portion of Del Mar
Avenue, the owners were requested to provide the City with an irrevocable
offer to dedicate the required right-of-way. In this way, if the street is
improved in the future, the City may dedicate the property as public
right-of-way.
RESOLUTION OFFERED BY COUNCILMAN SCOTT the reading of the text was waived by
unanimous consent passed and approved unanimously.
RESOLUTIONS AND ORDINANCES, FIRST READING
7. RESOLUTION 11226 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE SENIOR
INFORMATION AND REFERRAL SERVICES TO THE SOUTH BAY
AREA DURING FISCAL YEAR 1982-83 (Director of Parks
and Recreation)
The City of Chula Vista has been operating the South Bay Senior Information
and Referral Center for the past five years. Partial funding for the Center
is provided by a grant from the County Area Agency on Aging (AAA). The AAA is
pleased with the services provided by the South Bay Center and has proposed
the agreement to operate the Center be extended for another year beginning
July 1, 1983.
Mayor Cox questioned funding this project out of the 1983-84 Block Grant funds
without the Council first conducting a public hearing on the matter and
authorizing allocation of those funds.
City Council Meeting -4 May 10, 1983
Director of Parks and Recreation Pfister stated this was the proposal of the
Community Development Department. Council discussion followed regarding
potential funding of this project; taking the money out of the General Fund;
Council sendin9 a letter to AAA; calling a special meeting of the Council to
authorize the funds.
MS (Scott/Moore) to trail this item until the end of the meeting and for staff
to come back and see whether or not the Council can take action on this item
tonight. Mr. Pfister stated that the money must be given to the AAA by this
Friday. Councilman Scott noted the resolution does not make any reference to
the source of the funds. He felt the resolution could be approved and staff
could come back with a report on the funding. Councilman Scott withdrew his
motion and Councilman Moore agreed to the second.
RESOLUTION OFFERED BY COUNCILMAN SCOTT the reading of the text was waived by
unanimous consent passed and approved unanimously.
Councilman Moore remarked that this item should have gone before the
Commission on Aging to get their recommendation as to whether or not it would
be important to do this for the citizens of Chula Vista and if it was a top
priority.
MSUC (Scott/McCandliss) for staff to bring back a report on how to fund this
project noting the funding as recommended in the All3 (staff report) has not
been approved. This report to be brought back at budget time.
8. RESOLUTION 11227 APPROVING THE HOUSING ASSISTANCE PLAN 1982 - 1985 AND
AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT THE
NECESSARY DOCUMENTS TO THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (Community Development
Director)
The City's annual entitlement to Community Development Block Grant funding is
dependent upon the existence of a Housing Assistance Plan approved by the U.S.
Department of Housing and Community Development (HUD). Additionally, the
receipt of the recently approved Jobs Bill funding for Community Development
Block Grant Activities is dependent upon the approval of the Housing
Assistance Plan. The Plan is a statement which identifies the lower income
housing needs of Chula Vista and sets three-year goals for the City action
addressing those needs.
Approval of this Housing Assistance Plan will entitle the City to $933,000 of
Community Block Grant funding for Fiscal Year 1983-84 and $359,000 of
additional Block Grant funding under the provisions of the Jobs Bill.
RESOLUTION OFFERED BY COUNCILMAN SCOTT the reading of the text was waived by
unanimous consent passed and approved unanimously.
City Council Meeting _ 5 _ May lO, 1983
9. RESOLUTION 11228 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION
OF RESTROOM FACILITIES AT REINSTRA SPORTS COMPLEX AND
MENZEL FIELD IN THE CITY OF CHULA VISTA (City
Engineer/Director of Parks and Recreation)
On April 6, 1983, the City Engineer received sealed bids for the contract
which consists of removal and disposal of the existing restroom and slab at
Reinstra Sports Complex and construction of two new restrooms, one at Reinstra
Sports Complex and the other an Menzel Field.
The recommendation is that Council:
(1). Authorize the transfer of $12,488 from Account #614-6140-PR09
Relamp General Roca Ballfield to Account #600-6000-PDlO - Restroom
Construction/Menzel Field
(2). Authorize the expenditure of $76,600 from the following accounts:
a. Account No. 613-6130-PR01 - Reinstra Sports Complex $39,752
b. Account No. 600-6000-PDlO - Restroom Construction/ $36,848
Menzel Field
(3) Accept bids and award contract to Walt Clyne Construction - San
Diego, in the amount of $60,546.
Director of Parks and Recreation Pfister explained the construction of the
rest rooms which was built to be vandal-proof.
Mr. Bruce Horsh, Sea Pacific Corporation, 1392 "F" Street, San Diego, claimed
the low bid of Walt Clyne be disqualified because it did not contain the
addendum as did the other bids.
City Engineer Lippitt explained the bidding process, and listed the four items
in the addendum which was mailed out to the bidders. All the bidders
responded except the low bidder; when the bids were opened the low-bidder then
signed and submitted the addendum.
Councilman Malcolm expressed his concern regarding the integrity of the
bidding process; the foreclosure on the bid bonds; the possibility of entering
into negotiations with the low-bidder; and the legality of allowing the
low-bidder to submit his addendum after the bids were open. Council
discussion involved: the review of the bid process; the time element involved
in the bidding process - if a bidder is one minute late, his bid would be
rejected; and the possibility of holding over for one week; the $1,000
difference in the two lowest bids; having strict rules and procedures for the
bid process; weakness in the system in not knowing whether the addendums were
received; sending addendums by registered mail.
City Council Meeting - 6 - May lO, 1983
City Attorney Lindberg stated that acceptance of the low-bidder in this
particular case was legal it was not a significant variation in the bid
process; however, should the Council decide not to go that route they would be
within their legal rights in doing so because it was not a responsive bid.
Mr. Lindberg added that the bidding process should be consistently rigid. The
requirements should be reviewed in an attempt to eliminate these problems.
Councilwoman McCandliss indicated that this was "a fine line" in the bidding
process and felt that it was not relevant to the issue on hand. Mayor Cox
agreed adding that the addendum items as listed by the City Engineer were not
really that significant.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS the reading of the text was
waived by unanimous consent, passed and approved by the following vote to wit:
YES: McCandliss, Cox, Moore
Noes: Scott, Malcolm
Absent: None
10. REPORT JIMMY'S ON THE GREEN (Assistant City Manager)
a. RESOLUTION APPROPRIATING $41,436.34; GRANTING 44 DAY EXTENSION
APPROVING CHANGE ORDER NO. 4 TOTALLING $24,842.08;
WITHHOLDING $1,798.74 FOR ENGINEERING, INSPECTION AND
OVERHEAD AND RELEASING ALL OTHER REMAINING
CONSTRUCTION FUNDS (Assistant City Manager/Director
of Building and Housing)
Jimmy's Restaurants, Inc. submitted a proposal intended to resolve several
issues that have prevented final City action in accepting the work within the
terms of the contract let on December 15, 1981 for the remodeling and
enlargement of Jimmy's on the Green. The account established for this
project, which included funds not only for the renovation of the restaurant
building but also for the construction of the new Pro Shop, has a current
balance of $14,948.78. This sum, under normal circimstances, has been due and
payable to the Contractor, Jimmy's Restaurants, Inc., but has been held by the
City pending resolution of a number of issues.
The recommendation is that Council:
(1) Adopt resolution appropriating additional funds.
(2) Grant a 44 working day extension of the construction contract to
November 5, 1982.
(3) Approve additional work items totalling $24,842.08;
(4) Withhold $1,798.74 for engineering, inspection time and overhead
attributable to the extensions granted on the construction project.
City Council Meeting 7_ May 10, 1983
(5) Release all remaining funds from the project account.
(6) Direct preparation of an amendment to lease agreement providing for
Lessee's responsibility for landscape maintenance.
Councilman Malcolm stated he is abstaining from discussion and vote on this
matter due to a possible conflict of interest.
MSUC(Cox/Scott) for a Closed Session on this item due to potential
litigation. The Closed Session to be held at the end of the business
meeting.
CONTINUED MATTERS
ll. RESOLUTION APPROVING ENCROACHMENT PERMI] NO. PEO06 AT 315 SURREY
DRIVE (Continued from the meeting of May 3, 1983) (City
Engineer)
Mayor Cox stated this item was deleted from the agenda.
UNANIMOUS CONSENT ITEM
ll A. RESOLUTION 11229 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS IN
THE AMOUNT OF $46,000 FOR THE FULL SETTLEMENT AND
RELEASE OF CLAIMS BY SIGNS AND PINNICK FOR THE
GRADING AND DRAINAGE IMPROVEMENTS ON EAST "H" STREET
IN THE CITY OF CHULA VISTA
RESOLUTION OFFERED BY COUNCILMAN MALCOLM the reading of the text was waived
by unanimous consent, passed and approved unanimously.
12. REPORT OF THE CITY MANAGER (None)
a. RESOLUTION 11230 AUTHORIZING INITIATION OF A COMMUNITY APPEARANCE
POLICY PROGRAM (City Manager)
At previous meetings, the City Council directed staff to investigate the City
of Montebello's Community Appearance Program and to report on a similar
program for Chula Vista. In a detailed report, Principal Administrative
Analyst Leuck discussed the Montebello program and recommended initiation of
the program for Chula Vista. She outlined the various concepts of the
program, employee participation, enforcement procedures, and general
operational features.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Councilman Scott commended Councilman Moore for his efforts in getting this
project started.
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City Council Meeting - S - May lO, 1983
13. MAYOR'S REPORT (None)
14. COUNCIL COMMENTS
a. Councilman Moore questioned the staff report due on the mandatory trash
service - whether is was to be given to Council in 6 or 12 months. City
Manager Goss said the staff was working on this report which will include
the number of people who are not paying their bills. Assistant City
Manager Asmus indicated the report was to be due in 12 months but he
would check this.
b. MSUC (Moore/Cox) for the Disaster Preparedness team to be brought forth
in the next 30-45 days. The question of the major item of communications
to be addressed.
c. Councilman Moore indicated there were a number of social and service
organizations willing to help the City in some of its needs in volunteer
services.
MSUC (Moore/Scott) for the City Manager to make up a list of services of areas
that need extra clean-up or policing on a one-time basis or routine basis for
volunteers of social service organizations.
d. Councilman Moore discussed the pros and cons of painted sidewalks versus
walk/no-walk lights. It was his understanding that the City is beginning
to phase out the painted cross walks where they are not on a four-walk
section.
MSUC (Moore/Malcolm) to request the Safety Commission to readdress this area
of concern once again with new observation in areas where churches,
organizations or shoppers cross the street and see if they still think the
same way.
Councilman Malcolm requested that that same directive include whether one line
or two should be painted and the cost-savings to the City.
e. MSUC (Moore/Malcolm) for staff to review the media camera footage of the
Sweetwater Flood Control Channel and CalTrans to see if there is some
section that could be blown up which the City could retain for its
Bayfront development project. City Manager Goss said he is trying to
obtain copies of all videotapes that have been done on Chula Vista.
f. Councilman Moore remarked that some time ago, consideration was given to
City identification signs along 1-805 and I-5. He felt this should be
reconsidered at this time.
MSUC(Moore/Malcolm) for staff to review and come up with a revised potential
for the signage that identifies Chula Vista as one approaches it from north
and south. This is to be brought back at budget time.
City Council Meeting - 9 May 10, 1983
g. Councilman Malcolm referred to the letter in the Council information
section in the packet regarding non-smokers' rights commenting it should
be in conformance with the smoking ordinance of the County of San Diego.
MS(Malcolm/McCandliss) for staff to bring back an ordinance making it conform
to that of San Diego or to inform the Council why it is not so.
Councilman Scott voiced his objections to the motion indicating the City's
ordinance is adequate and staff should not be spending a great deal of time to
make the ordinance conforming to that of the County of San Diego.
The motion carried with Councilman Scott voting "no".
h. Councilman Scott said he was down at the Bayfront area yesterday and
noted the landscaping was the best he has seen it - there was even a
yacht in the harbor.
i. Councilwoman McCandliss asked when the report on the traffic on 1-805 and
Bonita Road would be coming back to Council. City Engineer Lippitt said
CalTrans is reviewing it, and it should be ready within a month. He will
make a report to the Council next week as to the exact date.
j. Councilman Malcolm requested the City Attorney submit a letter to the
Council on any agenda item that needs legal interpretation rather than
the staff attempting to do this in their report (A 113).
4. RESOLUTION 11231 ENTERING INTO A LEASE AGREEMENT WITH AUGUSTE AND
VASCO RODRIGUES (Community Development Director)
5. RESOLUTION 11232 APPROVING ENCROACHMENT PERMIT NO. PE 015 TO AUGUSTE
AND VASCO RODRIGUES (City Engineer)
Assistant City Manager Asmus announced that Mrs. Rodrigues has agreed to pay
the $2 per square-foot lease agreement for the sidewalk-cafe along with the
added liability insurance.
RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the reading of the texts were waived,
by unanimous consent, passed and approved unanimously.
The Council recessed to the Redevelopment Agency meeting at 8:30 p.m. and
reconvened at the Council meeting at 8:34 p.m.
At 8:34 p.m. the Council recessed to Closed Session. The meeting reconvened
at 9:07 p.m.
Councilman Malcolm was not present at the dais as he abstained from the
discussion of this matter.
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City Council Meeting _ 10 May lO, 1983
10. REPORT JIMMY'S ON THE GREEN (Assistant City Manager)
MSUC (Cox/Scott) staff: (1) to bring back a resolution which would provide
for liquidated damage charges of $100 per day for the failure to complete the
construction on September 1, 1982 for Jimmy's Restaurant; (2) approve
additional work items totalling $37,478.08 for additional work items on
Jimmy's contract; (3) withhold $1,357 for engineering, inspection time and
overhead expenses which are attributable to the extensions; (4) direct staff
to require Jimmy's to take care of all the exterior landscaping around the
immediate restaurant and landscaping in the parking area.
ADJOURNMENT AT 9:08 p.m. to the meeting scheduled for Tuesday, May 17, at 7:00
p.m.
WPG:0293C
PAG
NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL