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HomeMy WebLinkAbout1991/06/18 Item 7 - Written Communications June 14, 1991 TO: FROM: The Honorable Mayor and City Council E. R. Asmus, Assistant City Manager ~ SUBJECT: City Council Meeting of June 18, 1991 This will transmit the agenda and related materials for the regular City Council meeting scheduled for Tuesday, June 18, 1991. Comments regarding Written Communications are as follows: 7a. This is a letter from Frank Tarantino, Chair of the Chula Vista 21 Committee, indicating that Lee Chapman had recently informed him that he is resigning from the Chula Vista 21 Committee. Since this is not an ongoing committee, there was some discussion among Committee members whether it would be appropriate not to replace Mr. Chapman on the Committee this far into the discussions. However, the Chula Vista 21 Committee voted at its June 6 meeting to recommend that the City Council appoint a replacement for Mr. Chapman.* They recommended that the City Council consider appointing Naomi Ross as the replacement member because they felt one of the subcommittees needs a person like Naomi Ross with a strong interest in environmental issues. The Committee understands it is solely the City Council that selects and appoints, but it is the Committee's recommendation that the Council give consideration to the appointment of Ms. Ross. IT IS STAFF'S RECOMMENDATION THAT THE CITY COUNCIL ACCEPT MR. CHAPMAN'S RESIGNATION, THAT A LETTER OF APPRECIATION BE SENT TO HIM, AND THAT THE COUNCIL GIVE CONSIDERATION TO MS. ROSS' APPOINTMENT AS MR. CHAPMAN'S REPLACEMENT. 7b. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY ERRECA'S INC. AND BIGGS ENGINEERING BE DENIED, AND THE APPLICATION TO FILE A LATE CLAIM BY BAYSCENE RESIDENT NEGOTIATORS BE DENIED. ERA:mabj *Attached is a list of ten (10) previous applicants who have not been appointed to Chula Vista 21. 1006 Pas eo Del Paso Chula Vista, CA 91910 June 11, 1991 The Honorable Mayor and City Council city of Chula vista 276 4th Avenue Chula Vista, CA 91910 Re: Appointment of Replacement Member to Chula vista 21 Committee Lee Chapman has recently informed me that he is resigning from the Chula vista 21 Committee, so I would suggest that the City Council accept his resignation and send him a letter thanking him for his participation. At our June 6, 1991 meeting, the Chula vista 21 Committee voted to recommend that the City Council appoint a replacement for Lee Chapman as a member of the Chula vista 21 Committee. The Committee also unanimously voted to recommend that the City Council appoint Naomi Ross as the replacement. Naomi Ross had previously applied for membership on the Chula vista 21 Committee, and her stated interest in environmental issues would help round out the overall membership on the Chula vista 21 Committee. ~[elY' /J .-/ z () . /CV\~ ~a Frank T~~tino Chair, Chula vista 21 Committee JT:hr C:\TARANTIN 7Q-l 6/13/91 Boards and Commissions Applicants Chula Vista 21 Cartagena, Noel Type: A Date of Appli: 09/29/90 Misc. Info.: Chula vista 21 Dennison, Mary K. Type: A Date of Appli: 01/10/91 Misc. Info.: Chula vista 21 Edson, - -. ~- Yes - Type: A Date of Appli: 10/15/90 Misc. Info.: Chula Vista 21 Fabriek, Anne ~~- - -. . .. . Type: A Date of Appli: 09/04/90 Misc. Info.: No Yes No No Yes No Yes Page 1 6/13/91 Boards and Commissions Applicants Chula vista 21 LaBore, Harry Yes 09/20/90 No Page 2 6/13/91 Boards and Commissions Applicants Chula vista 21 Thomas, Cassandra - Yes -. - --~- . - No - -. - Type: A Date of Appli: 09/28/90 Misc. Info. : Chula vista 21 Yes -~:= No Type: A Date of Appli: 09/21/90 Misc. Info. : Page 3 COUNCIL AGENDA STATEMENT Item Meeting Date 6/18/91 ITEM TITLE: Claims Against the City SUBMITTED BY: C'&- Director of Personnel (4/5ths Vote: Yes No~) Claimant No.1: ci ty Manager ~4tq Erreca's, Inc. c/o Shifflet, Walters, Kane & Konoske Attorneys at Law 1370 W. India San Diego, CA 92101 REVIEWED BY: Claimant No.2: Biggs Engineering Corporation c/o Law Offices of William I. Chopak 3111 Camino Del Rio North, suite 1100 San Diego, CA 92108 On April 12, 1990, Ms. Adeline Miller filed a Claim against the city for $10 million in connection with severe personal injuries she sus- tained when she was struck by a vehicle as she crossed the street near 30th Street and L in the City of Chula vista. The claim was denied by the City Council on June 12, 1990 and the City is currently involved in litigation concerning this incident. On May 2, 1991, a Claim for equitable indemnity, contribution and/or declaratory relief was filed against the City of Chula vista by Erreca's, Inc., and an Amended Claim was filed on May 20, 1991 in connection with the litigation brought by Ms. Miller. On June 11, 1991, Biggs Engineering Corporation filed a Claim for equitable indemnity, contribution and/or declaratory relief in connection with the same lawsuit. Due to questionable liability, it is the recommendation of the city's counsel, Daley & Heft, and Risk Management, that the Claims described above be denied. Claimant No.3: Bayscene Resident Negotiators Law Offices of Stanley F. Zubel 7290 Navajo Road, suite 203 San Diego, CA 92119 On May 15, 1991, an Application to File a Late Claim was filed against the city of Chula vista by Bayscene Resident Negotiators, in con- nection with expenses they allegedly incurred as a result of the City's rent control ordinance which was declared unconstitutional on January 14, 1991. Form A-113 (Rev. 11/79) 7h -) Item Meeting Date 6/18/91 Because the bulk of claimant's expenses were incurred more than one year prior to the filing of the late claim application, and none of the grounds for granting a late claim under Government Code Section 911.6 are present, it is the recommendation of our City Attorney's Office and Risk Management that the Application to File a Late Claim be denied. RECOMMENDATION: 1. Deny the Claim and Amended Claim of Erreca's Inc.; 2. Deny the Claim of Biggs Engineering Corporation; and 3. Deny the Application to File a Late Claim presented by Bayscene Resident Negotiators. J ?b-~