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HomeMy WebLinkAboutcc min 1982/06/22 MINUTES OF A REGULAR MEETING OF TIlE CITY COUIICIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, June 22, 1982 - 7:00 P.M. Council Chamber, Public Services Building ROLL CALL Councilmen present: ~iayor pro Tempore NcCandliss, Councilmen Malcolm, Fjoore Councilmen absent: Mayor Cox, Councilman Scott Staff present: Acting City l~anager Asmus, City Attorney Lindberg, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Life Scout Stefan Mayer, Troop 894, Hilltop Elementary PTA, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of June lO and 15 (6 & 7 PM), 1982 MSUC (Halcolm/Moore) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY -- None 3. ORAL COM~qUNICATIONS joseph Garcia, 484 Fifth Avenue, Chula Vista, commented on recent announcements by the Sweetwater Authority of plans to construct a new office building, and asked Council's intervention to have the Sweetwater Authority use the money instead to upgrade the water filtration system in order to improve the quality of water in Chula Vista. In discussion, Mr. Garcia was advised by Council to address his concern directly to the Sweetwater Authority board, rather than the Council .passing the information on "second hand." MS (McCandliss/Malcolm) that staff contact the Water Authority boare to find out if they do have plans to improve the filtration system in light of their construction on "N" Street and have that brought back to the Council. If there are no plans to improve filtration, then Nr. Garcia is instructed to contact the Water Authority board directly. Councilman Moore spoke against the motion, stating that Mr. Garcia should address the Sweetwater Authority board directly inasmuch as they are officials who are elected by the registered voters of the City, and they should receive the information first hand. The motion failed by the following vote: AYES: Mayor pro Tempore McCandliss, Councilman Malcolm NOES: Councilman Moore ABSENT: Mayor Cox, Councilman Scott City Council Agenda 2 June 22, ]982 Mr. Garcia was again advised to contact Mr. A1 Sorensen, Director of Operations of the Sweetwater Authority directly. Councilman Moore noted his intention to contact the Sweetwater Authority regarding improvement of the filtration, and ~tayor pro Tempore McCandliss requested that he provide Council with a report of his findings. 4. WRITTEN COI~MUNICATIONS Request for reappointment to Unified Port District - Phil Creaser Mayor pro Tempore McCandliss pulled this item from the ageode inasmuch as it was intended as information only. RESOLUTIONS AND ORDINANCES, FIRST READING 5. RESOLUTION NO. 10905 ESTABLISHING THE RATE FOR THE UTILITY USERS TAX BETWEEN JULY l, 1982 AND DECEMBER 3l, 1982 (DIRECTOR OF FINANCE) The City Council conducted a public hearing at the meeting of June 15, 1982 to consider the possible adjustment of the utility users' tax. After taking testimony, the Council determined to allow the tax to remain at its current 5% level and the resolution so establishes that rate for the period July 1 through December 31, 1982. RESOLUTION OFFERED BY COU~ICILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Attorney Lindberg noted for the record that without this action at six month intervals the tax rate on utilities would automatically go to the present maximum of 6% (effectively), and this is in effect a reduction in taxes which should be recognized as such. 6. RESOLUTION NO. 10906 APPROVING AGREEMENT WITH CITY OF NATIONAL CITY FOR ANIMAL SHELTER SERVICES (DIRECTOR OF PUBLIC SAFE TY ) Chula Vista has provided National City with animal shelter services since 1965. During FY 1981-82, the County of San Diego made offers to National City to provide shelter services which included rabies inoculations, a service not provided by Chula Vista and which National City felt would improve their collection ratio. In order to retain the contract, Chula Vista has made provisions for rabies inoculations and has reduced the Contract figure to match that of the County. The resolution approves time new agreen~nt which will provide a base revenue of $15,600 for the period July 1, 1982 through June 30, 1983. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Agenda 3 June 22, 1982 7. RESOLUTION NO. 10907 APPROVING COMPUTER FACILITIES MANAGEMENT CONTRACT WITH EDP MANAGEMENT, INC. (DIRECTOR OF MANAGEMEriT SERVICES) The City has contracted with EDP ~lanagement, Inc. since 1975 for the supervision and operation of the City's computer center. The current one-year contract expires june 30, and the resolution approves a new agreement to become effective July l, 1982. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION NO. 10908 EXTENDING CONTRACT FOR THE CITY'S A~NUAL REQUIREMENT OF LIBRARY BOOKS (CITY LIBRARIAN) Resolution No. 10522 adopted June 23, 1981, approved a cooperative bid with the City of San Diego for Chula Vista's requirement for library books. The contract was awarded to Baker & Taylor Company. The resolution extends the contract to cover the period July l, 1982 through June 30, 1983 at the same prices and conditions. RESOLUTIO~ OFFERED BY MAYOR PRO TEMPORE MC CANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. RESOLUTION NO. log09 ACCEPTING BIDS AND AWARDING CONTRACT FOR AGGREGATE BASE (DIRECTOR OF PUBLIC WORKS OPERATIONS AND PURCHASING AGENT) Bids were received on June 4, 1982 for furnishing aggregate base to the City for the period July l, 1982 though June 30, 1983. An estimated 4,000 tons will be picked up at the vendor's plant by City trucks. The resolution accepts the bids and awards the contract to Nelson & Sloan, Otay. Councilman Malcolm commented on the bidding requirements of the City Code and Charter which preclude the possibility of negotiating bids. He stated that be has problems with this and the other bid items on the agenda because of the potential to reduce prices by negotiating and the belief that certain vendors (particularly Nelson an~ Sloan) have increased their prices to the City. He noted that he personally called Nelson and Sloan and asked them for a price on the same material (Class 2 AG base) "used in Chula Vista", and was quoted a lower price than the biO price. In continued comment, he statee that this is a "perfect example" of raising the price because the firms are sure of getting the bid. MS (I~alcolm/McCandliss) to direct staff to renegotiate and that these bids be rejected. In discussion of the motion, Acting City Manager Asmus indicatee that higher bids could be received; Purchasing Agent Espinosa pointed out that this bid was based on a one-year commitment and represents only a 5~ to 10¢ increase from last year. I · I T City Council Agenda 4 June 22, 1982 The motion was withdrawn with consent of the second. RESOLUTIO~I OFFERED BY COUNCILMAN MALCOLIq, the readin9 of the text was waived by unanimous consent, passed and approved unanimously. Councilman Malcolm questioned consideration of the bidding process as part of the Charter Review conference, and in response City Attorney Lindberg stated that it would be appropriate and that the Public Works section of the Charter is being considered for revision strictly in remus of dollar amounts that establish the limits for bids. Attorney Lindberg added that he knew of no instance where a Charter city would embark upon a course of action calling for negotiation in lieu of bidding. lO. RESOLUTION NO. 10910 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC CONCRETE IDIRECTOR OF PUBLIC WORKS OPERATIONS AND PURCHASING AGENT) Bids were received on June 4, 1982 for furnishing aspbaltic concrete for the period July l, 1982 through December 31, 1982. An estimated 4,500 tons of material will be picked up at vendor's plant by City trucks. The resolution accepts the bids and awards the contract to the low bidder, Daley Corporation, San Diego. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. ll. RESOLUTION NO. 10911 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC EMULSIONS IDIRLCIOR OF PUBLIC WORKS OPERATIONS AND PURCHASING AGENT) Bids were received on June 4, 1982, for furnishing RS-2 aspbaltic emulsions with latex to he used for the City's street chip sealing program which will be completed by the end of September. The resolution accepts the bids and awards the contract to the low bidder, Sim J. Harris Co., San Diego. RESOLUTION OFFERED BY COUNCIU~N ~OORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION NO. 10912 ACCEPTING BIDS AND AWARDING CONTRACT FOR SCREENINGS (STONE CHIPS) (DIRECTOR OF PUBLIC WORKS OPERATIO~ AND PURCHASING AGENT) Bids were received on june ll, 1982, for furnishing screenings (stone chips) for the period July 1 through December 31, 1982. The resolution accepts bids and awards the contract to low bidder, Sim J. Harris Co., San Diego. RESOLUTION OFFERED BY MAYOR PRO TEMPORE MC CANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Agenda 5 june 22, ]982 13. RESOLUTION NO. lOgl3 ESTABLISHING PARKING RESTRICTIONS ON ROOSEVELT STREET BETWEEN THIRD AVENUE AND FOURTH AVENUE (CITY ENGINEER) On October 6, 1981, the City Council directed that parking restrictions be installed on Roosevelt Street between Third and Fourth Avenues for a trial period. The restrictions have been favorably received by Roosevelt Street residents and are functioning as planned. The resolution therefore establishes the parking restrictions on a permanent basis as recommended by the City's Safety Commission on Nay 13, 1982. RESOLUTION OFFERED BY ~YOR PRO TEMPORE NC CANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 14a. RESOLUTION NO. 10914 APPROVING THE REPORT OF THE CITY ENGINEER FOR SPREAD OF ASSESSMENTS CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT (CITY ENGINEER) b. RESOLUTION NO. 10915 INTEHTION TO CONTINUE THE STREET LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT IN THE TOWN CENTRE FOR FY I~Z-~J AND SEllING DAI~ FOR A PUBLIC HEARING (CITY ENGINEER) The Council established the first maintenance district for the Town Centre Project in FY 1979-80. It is now time to establish the assessments for the third year of the District which will include a portion of the maintenance period for the project now under construction between "F" and "G" Streets. The resolutions accept the engineer's report and set a time and place for the public bearing on july 20, 1982. RESOLUTIONS OFFERED BY ~YOR PRO TEMPORE MC CANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION NO. 10916 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT FOR STREET LIGHTING AND LANDSCAPING MAIN1LNANCL DISIRICF ON BAY BOULEVARD FOR FY 1982-83 (CITY ENGINEER) Last year the Redevelopmerit Agency improved Bay Boulevard between "F" and "E" Streets. Plans are about to be advertised for the landscaping and further improvement of the parkway area on the west side of Bay Boulevard between "E" and "F" Streets and also the parking area and landscaping in the parkette area near "F" Street. Upon completion of the landscaping, the maintenance of that area is proposed to be financed with an assessment district to be paid for by the property owners along Bay Boulevard. The resolution orders the preparation and filing of the report for the assessment district. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Agenda 6 June 22, 1982 16. RESOLUTION NO. 10917 APPROVING AMENDMENT TO AGREEMENTS FOR COORDINATED TRANSPORTATION SERVICES (DEVELOPMENT SERVICES ADMINISTRATOR) The coordinated transportation service involving HandYtrans, Starlight Center, and Regional Center started on March 22, 1982 and terminates on June 30, 1982. Regional Center has applied to the State for a revised reimbursement rate to the City for this service; however, State approval of the new rate is not expected until August 1982. To ensure service continuity, it is necessary to extend the current agreements to August 31, 1982. RESOLUTION OFFERED BY MAYOR PRO TEMPORE MC CANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17a. RESOLUTION NO. 10918 APPROVING ANENDNENT TO AGREEMENT WITH CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES (CITY ATTORNEY AND DIRECTOR OF PUBLIC SAFETY) b. RESOLUTION NO. 10919 APPROVING AI.:ENDMENT TO AGREEMENT WITH MONTGOMERY FIRE PROTECTION DISTRICT FOR FIRE DISPATCHING SERVICES The City of Chula Vista's agreements for fire dispatching services for the Montgomery Fire Protection District and National City expire on June 30, 1962. The resolutions approve continued service for fiscal year 1982-83 with a provision for an increase in rates if Chula Vista Communication Operators receive an increase in pay. RESOLUTIONS OFFERED BY COUNCILI~N MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 18. RESOLUTION NO. 10920 APPROVING FIFTH ANENDMENT TO AGREEMENT WITH SAN DIEGO UNIFIED PORT DISTRICT FOR MAINTENANCE OF "j" STREET r~RINA (DIRECTOR OF PARKS At~ RECREATION) By Resolution No. 10828 Council approved the Fourth Amendment to an Agreement with the San Diego Unified Port District for maintenance of the "J" Street Marine during FY 1981-82, which provides for extension upon mutual consent. Director of Parks and Recreation Pfister advised Council of an addition to the resolution as recommended by the City's Risk Manager relating to reimbursement by the Port District for any costs resulting from injuries paid for from the City's Workers Compensation Program. NSUC (McCandliss/Nalcolm) to amend the resolution to include the language: "The Port District agrees to cover the worker under the Workers' Compensation policy or to reimburse the City of Chula Vista for any costs incurred by the City as a result of injuries suffered by the worker and paid for under the City Workers' Compensation program." City Council Agenda 7 June 22, 1982 RESOLUTION AS ANENDED OFFERED BY COUNCILMAN hOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. RESOLUTION NO. 10921 ACCEPTING BIDS AND AWARDING CONTRACTS, SETTING ASSESSMENTS AND ADJUSTING BUDGET FOR OPEN SPACE DISTRICTS, NUMBERS 1 THROUGH 1U (DIRECTOR OF PARKS AND RECREATION) On June 23, 1981, Council awarded contracts to C.A. Redden for nmintenance of Open Space Districts Nos. l, 2, 3, 5, 6, 7 and 9, and to Environmental Care for maintenance of District No. lO. The resolution (1) extends the contract with C.A. Redden for Districts Nos. l, 2, 3, 5, 6, 7, and 9; extends the contract for maintenance of District No. lO to Environmental Care; accepts bids and awards contracts to Calscape for District No.4, and Acacia Landscape for District No. 8; directs the City Engineer to spreao the required assessments; and adjusts the respective Open Space Maintenance budgets accordingly. Councilman Moore asked if this resolution included the contract employee hired to oversee the open space districts. Acting City Manager Asmus responded that this item prepares to levy the appropriate assessments to cover the cost which includes the individual's COSTS. Councilman Moore questioned whether the Homeowners Associations had been extended an opportunity to review and give input on these contracts as directed by Council a couple of years ago prior to finalizing the contract. Acting City Manager Asmus notea that they had not been specifically involved, but that the active associations have been involved on a continuing basis. After further discussion, Councilman Moore stated his desire to see continued liaison with the affected homeowners associations as set forth by Council in previous years and recommended that staff continue to adhere to Council directions unless changed by subsequent Council action. RESOLUTION OFFERED BY COUNCILMAN NOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS ~ID SECOND READING OF ORDIHANCES 20. ORDINANCE NO. 1988 AMENDING CHAPTER 8.24 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE COLLECTION AND DISPOSAL OF GARBAGE AND LIIIER IN THE CITY - SECOND READING AND ADOPTION (CITY ATTORNEY) The ordinance relates to the collection and disposal of garbage and litter in the City and was placed on first reading at the Council n~eting of June 15, 1982. T .... m 1T City Council Agenda 8 June 22, 1982 * NSUC (McCandliss/Moore) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. 21. ORDINANCE NO. 1989 AMENDING SECTION 2.09.010 OF THE MUNICIPAL CODE RELATING TO THE DIRECTOR OF PUBLIC SAFELY - SECOND READING AND ADOPTION (CITY MANAGER) The ordinance was placed on first reading on June 15, 1982, and creates the position of Director of Public Safety without a termination date. MSUC (McCandltss/Moore) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. 22. REPORT OF THE CITY ~NAGER a. Report on Bonita-Sunnyside Fire Protection District Contract Acting City Manager Asmus commented on negotiations with the Fire Protection District and referred to a letter received from the District rejecting in part the City's counteroffer dated June 17, 1982. As of July l, 1982, the Bonita-Sunnyside alternate would terminate the automatic response provisions of the exi sting agreement; limit the first-in response by the Fire District to three of the four areas (Palm Avenue, Fallbrook and the Bonita Verde subdivision). The District proposes to do that in exchange for continued joint dispatch on the part of the City. They further indicated that this would be a sixty day period, with the intention of continuing negotiations. Mr. Asmus stated that there is no practical way to terminate the contract completely (because of the dispatch service), and recommended support of their proposal for the sixty day period. Additional comment related to run-times from Stations 1 and 4 to the Bonita area. F~SUC (McCandliss/Moore) to approve the proposal of the Bonita-Sunnyside Fire Protection District dated June 22, 1982, and ask staff to bring back a resolution to that effect. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 23. Report on Federal Enterprise Zones (Director of Co~miunity Development) At the April 4th Council meeting a status report concerning Federal Enterprise Zone legislation was presented and Council requested that staff contact the City of San Diego regarding expansion of any proposed San Diego Enterprise Zone to include areas within Chula Vista. Staff has contacted Economic Development p)anners for San Diego and discussed possible participation should an Enterprise Zone be considered; however, no plans are underway at this time to identify potential Enterprise Zones. I,!SUC {Noore/NcCandliss) to accept the report. *"As per minutes of 2-17-83, Councilman Scott's vote should have been an absention." City Council Agenda 9 June 22, 1982 24. Report on relocation assistance and redevelopment in mobilehome parks (Community Developnlent Director) At the City Council meeting of May ll, Council directed staff to investigate the subject of redevelopment of mobilehome parks in light of the ordinance providing for relocation assistance to displaced mobilehome park residents. The report concerns the affect of the ordinance on the process ane potential for the redevelopmerit of mobilehome parks under various circumstances. Councilmembers commented that the report focuses on relocation assistance and redevelopment, and not redevelopment and upgrading of mobilehome parks. Community Development Director Desrochers responded to Council questions and discussed the "loophole" that if a park owner were to rehabilitate a park, some persons could be displaced without being eligible for assistance. Responding to Mayor pro Tempore McCandliss, regarding a definition for redevelopment, Director Desrochers stated that it would have to established by ordinance as specifically required by State law. ~ISUC (NcCandliss/Malcolm) to accept the report. 25. Re oft on potential problems with cars entering and exiting driveways on "H~ Street west of Broadway (City Engineer) At the meeting of April 17, Council directed staff to look into the problem brought to Council's attention that cars entering and exiting driveways at the west end of "H" Street "bottom out." Staff made a survey of those driveways and deten~ined that the extent of the problem warrants that a project be consi~ereo by the CIP Committee for the 1983-84 Capital Improvement Program. Mayor pro Tempore McCandliss stated that individuals have expressed interest in monitoring this project and asked at what time it woulO be appropriate for them to contact the Engineering Department to observe progress on this project. Development Services Administrator Robens responded that they could be contacted by staff when the item comes up for review next year. Acting City Manager Asmus noted that he did not think public participation in the staff process would be appropriate; Mr. Robens commented that his intention would be to inform the individuals that the CIP Committee is considering the request and indicate to them when the public hearing would be scheduled, keeping them informed of progress, but not "involved." MSUC (Malcolm/McCandliss) to accept the report and staff recommendation. 26. Report on regional transit issues (Development Services Administrator) The Transit Operators Genera) Managers' Group and the San Diego Area Transit Advisory Task Force have been meeting for the past several months City Council Agenda 10 June 22, 1982 to discuss regional transit issues related primarily to transit organization and financing of transit services. Development Services Administrator noted that this report would update Council on the status of the issues and that staff would come back to the council after the San Diego Transit Area Task Force Committee meets again several months from now to work on this problem. MSUC IMcCandliss/Malcolm) to accept the report. ~YOR'S REPORT a. City Attorney Lindberg recommended that Council authorize the City to act as "amicus" in the case of Gonzales versus City of San Diego (drowning in the rip tide in the Blacks Beach area). He stated that Courts have now held that a rip tide is a condition leading to liability, and that as a bayfront community, Chula Vista would be affected by the overall problems of similar public liability. MSUC (McCandliss/Malcolm) that the City join the City of San Diego as amicus in the case of Gonzales versus City of San Diego. COUNCIL COMMENTS a. Councilman Malcolm commented on the recent decision of the Redevelopment Agency regarding the SANDER project and the representation(s) by SANDER that proximity to water would be a high priority. He noted that a report in September 1981 listed water as one of the criteria for site selection, and he stated that he voted on the project on the basis that water would be used for cooling rather than air. The second problem concerns the tipping fee. He noted that the tipping fees would approximately triple, and in light of the potential that the City would go to mandatory trash collection, noted his concern with the effect on the individual rate payer in the City of Chula Vista. In discussion it was pointed out that the action of the Redevelopment Agency was to reserve the site for six months, and that no decision would be made by the Council or Agency until the EIR is evaluated and public opinion is taken. Councilman Malcolm reiterated his concerns, indicated that he felt Council was misled, and requested staff input particularly concerning the water criteria. Further conm~ent pertained to the intent of the Agency's motion in reserving the site to enable the Agency/Council to impartially review the EIR. MSUC (Kialcolm/McCandliss) to refer the question (regarding water) to staff and have a report back at their earliest convenience. ADJOURN~ENT at 8:32 PM to the regular scheduled meeting Tuesday, July 6, 1982 at 7:00 P.M.