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HomeMy WebLinkAboutcc min 1986/01/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, January 28, 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers McCandliss, Scott, Moore, Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLAG, 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 January 21, 1986. MSUC (McCandliss/Cox) to approve the minutes. SPECIAL ORDERS OF THE DAY - None. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR CITY'S ASSISTANCE AND PARTICIPATION IN 7TH ANNUAL "BUSINESS SALUTES CHULA VISTA FAIR" - Chula Vista Chamber of Commerce, 233 Fourth Avenue, Chula Vista 92010 Ms. Jeri Vanderpool, Chairman of this event, requested City crews be provided to paint the booth backboards used for exhibit displays and expand the electrical and public address system. City Manager Goss recommended the request for painting the backboards be referred to staff to determine the feasibility of including this work in the City crew's schedule, and the electrical/public address system expansion be referred to staff for a report to determine the extent of the expansion, its cost, and feasibility. MSUC (Scott/Malcolm) to approve the staff recommendations. Minutes - 2 ~ January 28, 1986 b. REQUEST FOR RESOLUTION RELATING TO LEGISLATION FOR MANDATORY SEAT BELTS FOR SCHOOL BUSES - Jan Hall, Councilwoman, District Three, City Of Long Beach, 333 West Ocean Blvd., Long Beach 90802 Councilwoman Hall requested Council's support urging the California Legislature to enact legislation requiring the installation and use of seat belts in school buses and buses hired to transport students. MSUC (McCandliss/Scott) to refer this to the Legislative Committee for a report. c. INVITATION TO ENTER A FLOAT IN THE CENTENNIAL PARADE FOR NATIONAL CITY - Edith Hughes, Chairman, Centennial Parade Committee, National City Chamber of Commerce, 711 "A" Avenue, National City 92050 In conjunction with their Centennial celebration in 1987, Mrs. Hughes invited the City of Chula Vista to enter a float in National City's parade on September 20, 1987. The City Manager recommended either this be referred to staff for a report regarding the type of participation that might be appropriate or the Council may wish to create a sub-committee to determine that level of participation. MSUC (Scott/McCandliss) to form a sub-committee to look into the level of participation the City may have composed of Councilmen Malcolm and Scott (and consider entering a float). d. REQUEST FOR WAIVER OF FEES AT LOMA VERDE RECREATION CENTER IN CONJUNCTION WITH 75TH DIAMOND ANNIVERSARY Linda T. Pitpit, President, South Bay Filipino American Community Association, Inc., P.O. Box 3313, Chula Vista 92011 This is a request to waive the rental and deposit fees for dances to be held at the Center on February 14 and Oct'ober 17, 1986. City Manager Goss noted the October 17 dance is in connection with the City's Diamond Anniversary. He recommended that rental fee for the October 17 dance only be waived, but the deposit fees for both dances not be waived. MSUC (Scott/Moore) to approve the staff recommendation. e. REQUEST FOR RECONSIDERATION OF A "MCDONALD'S" SIGN AT I-5 & "E" STREET - William L. Gardner II, Real Estate Representative, McDonald's Corporation, 8840 Complex Drive, Ste. 300, San Diego 92123 Minutes - 3 - January 28, 1986 In 1985, the McDonald's Corporation was denied a permit for a freeway sign by the City Council. Mr. Gardner requested the Council schedule further discussion on this issue due to Council's recent action on two existing signs for a restaurant and a motel near McDonald's proposed location. The City Manager recommended this letter be acknowledged and filed. Mayor Cox noted he had received a request from Mr. Gardner to continue this item since he would not be able to attend this evening's meeting. MS (Cox/McCandliss) to bring this item back in one week. The motion 'to bring back this item carried with Councilman Scott opposed. f. CLAIMS AGAINST THE CITY Luis Felipe Patino Yolanda & Robert Houston 4111 Calmoor Street 1609 E. 10th Street National City, CA 92050 National City, CA 92050 Claims have been filed concerning the following: ~15,000 for an automobile collision at the intersection of Sweetwater Road and Willow Avenue on August 20, 1985, and ~60,000 and ~30,000, respectively, for damages from an auto accident at East "H" Street and Paseo del Rey On August 19, 1985. City Manager Goss recommended these claims be rejected. MSUC (Moore/Scott) to reject the claims. 4. ORAL COMMUNICATIONS None. CONSENT CALENDAR (5 - 17) (Items 8, 13, 14 and 17 pulled.) MSUC (Malcolm/McCandliss) to approve the Consent Calendar. 5. RESOLUTION 12345 APPROVING THE REVISED SAN DIEGO REGIONAL SOLID WASTE MANAGEMENT PLAN - 1982-2000 (Director of Public Works/City Engineer) Since the Council did not reserve a site for SANDER and has indicated they did not want a waste energy site within the city limits of Chula Vista, the new proposal is for the SANDER Project to be located at Miramar. This plan revision would incorporate that change. Minutes - 4 - January 28, 1986 6a. RESOLUTION 12346 APPROVING FINAL MAP FOR EASTLAKE 1, UNIT 3, CVT 84-9 (Director of Public Works/City Engineer) b. RESOLUTION 12347 APPROVING MAP OF CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 10, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS 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 SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The Final Maps for EastLake I, Units 3 and 10 have been reviewed by the Engineering Department and found to be in conformity with the Tentative Map approved by the City Council on February 19, 1985, by Resolution No. 11935. This map will enable the developer to obtain building permits. 7. RESOLUTION 12348 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF SWEETWATER ROAD/WILLOW STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works/City Engineer) The intersection of Sweetwater Road/Willow Street lies partly within the City and partly within the County. The intersection has been studied by both agencies and it has been determined that a traffic signal shall be installed. This agreement sets out the terms for design, construction, funding and maintenance of the traffic signal. The City's share of the project is estimated at ~23,000. Funds are available ($30,000) in the Capital Improvement Fund (Project, TS12). Annual energy and maintenance cost to the City is estimated at ~1,500 per year and would be included in the department's annual operating budget. 8. RESOLUTION APPROVING EXTENSION OF TIME, LAS FLORES DRIVE AND "D" STREET BETWEEN SECOND AVENUE AND MINOT AVENUE (Director of Public Works/City Engineer) Pulled from Consent Calendar. Minutes 5 - January 28, 1986 9. RESOLUTION 12349 APPROVING WETLANDS RESEARCH ASSOCIATES, INC. AS THE CONSULTANT TO PREPARE ENHANCEMENT PLANS AND AUTHORIZING THE CONTRACT (Community Development Director) On October 17, 1985, authorization was given by the City Council to solicit proposals from qualified consultants for Enhancement Plans for selected bayfront upland and wetlands sites. On January 7, 1986, the City Council directed the selection of Wetlands Research Associates, Inc. as the enhancement planning consultant. Funds are available in Account Numbers 990-9907-5516 and 995-9950-BF36 for the City's portion of funding the Enhancement Plan and Biological Study Design (~50,000). 10. RESOLUTION 12350 CERTIFYING EIR-85-1 AND ADOPTING NEGATIVE DECLARATION IS-86-13 AND MITIGATION MEASURES THEREIN FOR THE NATURE INTERPRETIVE CENTER (Community Development Director) On November 13, 1985, a mitigated Negative Declaration On the Chula Vista Interpretive Center project was circulated for public review. During the 30-day review period, two comment letters were received, one from the Coastal Conservancy and a second from the California Department of Fish and Game. On January 9, 1985, the Design Review Committee recommended that the City Council certify EIR-85-1 and adopt Negative Declaration IS-86-13 and mitigation measures therein. 11. RESOLUTION 12351 APPROVING TRANSFER OF FUNDS WITHIN THE CITY COUNCIL BUDGET FOR THE PURPOSE OF PURCHASING COMMEMORATIVE MEDALLIONS (Director of Management Services) At the City Council meeting on January 21, staff was directed to prepare a resolution providing funds for the purchase of 75th Anniversary commemorative medallions which will be used as official City gifts for various purposes. The medallions will cost ~7,125 of which ~6,260 is available in the Awards account (0105-5222) for this type of purchase. Adequate funds are available in the City Council's Travel, Conferences and Meetings account from which to transfer the additional ~865 needed in the Awards account. 12. Deleted from Agenda. Minutes - 6 - January 28, 1986 13. ORDINANCE ESTABLISHING THE POWER AND PROCEDURES WHEREBY REVENUE BONDS MAY BE DEFEASED AND THE CITY MAY LEASE OR SELL A HEALTH FACILITY - FIRST READING (Community Development Director) Pulled from Consent Calendar. 14. REPORT BY DELOITTE HASKINS & SELLS REGARDING INTERNAL ACCOUNTING CONTROLS OF THE CITY OF CHULA VISTA FOR THE YEAR ENDED JUNE 30, 1985 (Director of Finance) Pulled from Consent Calendar. 15. REPORT CITY OF CHULA VISTA AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 1985 AND AUDITORS' OPINION (Director of Finance) In accordance with generally accepted auditing standards, Deloitte Haskins & Sells has examined the combined financial statements of the City and submitted their report. 16. REPORT ON RELOCATION OF MONUMENT ON MEMORIAL WAY (Director of Building & Housing) On January 3, 1986, the Council expressed concern that the monument could be a pedestrian safety hazard and requested staff to provide a site plan detailing the exact area the monument could be relocated. It was recommended that Council approve the relocation of the Memorial monument (20 feet east of the plaza fountain, 14 feet west of the second and third balustrade). 17. REPORT ON REQUEST THAT CITY ABSORB ADDITIONAL COSTS IN GREG ROGERS HOUSE MOVE (Assistant City Manager) Pulled from Consent Calendar. END OF CONSENT CALENDAR 8. RESOLUTION 12352 APPROVING EXTENSION OF TIME, LAS FLORES DRIVE AND "Dw STREET BETWEEN SECOND AVENUE AND MINOT AVENUE (Director of Public Works/City Engineer) Hazard Construction Co. has requested an extension of time for the construction of Las Flores Drive and "D" Street. The Contract was awarded on July 16, 1985, Resolution No. 12102. The contract date is July 31, 1985. Minutes - 7 - January 28, 1986 Approval of this resolution will change the contract completion date to March 17, 1986. Councilman Scott, noting a conflict of interest, stated he has a client living in this area from whom who he has collected over ~250 worth of commissions and would abstain on this item. Councilman Scott left the dais at this time. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved with Councilman Scott abstaining. 13. ORDINANCE 2139 ESTABLISHING THE POWER AND PROCEDURES WHEREBY REVENUE BONDS MAY BE DEFEASED AND THE CITY MAY LEASE OR SELL A HEALTH FACILITY - FIRST READING (Community Development Director) Councilman Scott, noting he had a potential conflict of interest (his employer, Merrill-Lynch, is an advisor on this issue) left the dais. Councilman Malcolm also noted a conflict of interest (relatives associated with the hospital) and left the dais. City Manager Goss explained the background of this request summarizing that Section 2 of this ordinance declares it is necessary and a public purpose to provide assistance to Bay Hospital so as to avoid default on their outstanding debts. Section 3 provides for the City to borrow funds to defease the bonds and pay off the notes. The ordinance further allows the City to exercise its option to purchase and lease the hospital. Mr. Goss added that although this ordinance does not bind or commit the City and is not effective until 30 days after the second reading, its passage is a signal that the City will be involved. City Manager Goss discussed the seven (7) conditions of approval on this item. Regarding the condition on the Indigent Care Program, staff is pursuing this item in order to be assured this. would be provided to the community. Mr. Goss noted there were implications made regarding the hospital which were discussed with their legal counsel and disposed of. City Manager Goss recommended that the Council proceed with this ordinance since it leads to the next step. City Attorney Harron noted a correction on the ordinance on page 3, sub-paragraph "E." The last word in this paragraph "repealed" should be changed to "sUperseded.w Minutes - 8 - January 28, 1986 In answer to Mayor Cox' question, City Attorney Harron noted the ordinance empowers the City Council to become involved in the issue but does not commit it to any actions of consequence. In answer to Councilwoman McCandliss's questions, City Attorney Harron stated after the 30-day ordinance period a resolution will be prepared that involves the agreement. (The lease with a sub-lease to NME and the agreement stipulating they would pay whatever monies are necessary to defease the hospital bonds, pay back taxes to the City, and other fees required.) Mr. James Mayfield, 524 Chantel Court, Chula Vista 92010, remarked that two other cities, Needles and Barstow, CA, got into the health care business. The Needles Hospital closed and Barstow has been advised to get out of the business. Mr. Mayfield also discussed: indigent health care, funding cutbacks in Medi-care, "deep pocket' anxiety concerning liability, lack of a majority vote by the City Council, and the proposed merger between Bay Hospital and Chula Vista Community Hospital which was turned down. Attorney Brett Tibbitts, representing Bay Hospital, suggested deleting the phrase "...and purchase the Hospital,..." on page 1, paragraph "E", second line. This implies a pre-existing commitment to purchase the hospital which is not in compliance with IRS regulations City Attorney Harron advised, for consistency, the word ~sale" (in third line, section 1, paragraph "E," page 1) should also be deleted. MSC (Cox/McCandliss) to amend the ordinance on paragraph "E," first page to delete "...and purchase the Hospital.." and also delete "...received from any lease, sale..." the word "sale." (Councilmen Scott and Malcolm abstained.) MSC (McCandliss/Moore) to place the ordinance on First Reading. Councilmen Malcolm and Scott abstained. Councilmen Malcolm and Scott returned to the dais. 14. REPORT BY DELOITTE HASKINS & SELLS REGARDING INTERNAL ACCOUNTING CONTROLS OF THE CITY OF CHULA VISTA FOR THE YEAR ENDED JUNE 30, 1985 (Director of Finance) In conjunction with the audit of the City's financial statements, Deloitte Haskins & Sells performed a limited evaluation of the City's accounting and data processing systems. Their study and evaluation disclosed no condition believed to be a material weakness. Minutes - 9 - January 28, 1986 Councilman Scott noted the recommendations of the auditor were extremely well done and staff should implement their suggestions. MSUC (Cox/Malcolm) to accept the report. 17. REPORT ON REQUEST THAT CITY ABSORB ADDITIONAL COSTS IN GREG ROGERS HOUSE MOVE (Assistant City Manager) The City Council referred a Written Communication from Lee and Sonnie Burch to staff for investigation. Specifically, the Surches are requesting the City pay $2,702.38 charged to them by SDG&E for overtime pay the utility company experienced while assisting in relocating the Greg Rogers House to Second Avenue. Hansen Moving Company also requested an additional $1,050 for overtime for the same purpose. Mr. Lee Burch, 614 Second Avenue, Chula Vista, explained the history of the Greg Rogers house move specifically as it relates to SDG&E and conversations with Mr. Harlan Wilson, Street Maintenance Superintendent, regarding tree trimming. Since the trees were not trimmed back far enough, he was informed (by Mr. Wilson) his (Burch's) crew would have to cut them back to move the house. Mr. Burch displayed photographs of the move depicting the time (11:18 a.m.) noting that SDG&E was not requested on the scene until noon but is still charging overtime for their services. He pointed out Pacific Bell, Cox Cable, and Hansen Moving Company either waived or reduced their fees after being told the house move was a preservation project. Councilman Malcolm stated he would have no problem discussing this issue with SDG&E if he had documentation as back-up. Mayor Cox noted this house was a good preservation project relocated to a good location. He suggested referring this request to staff to come back with a resolution appropriating funds requested and also direct staff to contact SDG&E to obtain verification of expenses. MSUC (Cox/Moore) to bring back with a resolution appropriating funds to pay 50% of the total cost requested (~1,876) as set forth in the report. MS (Cox/Moore) to direct staff to prepare a letter under the Mayor's signature to SDG&E asking their cooperation in seeking adjustment of this particular bill. Councilman Scott spoke against the motion stating the City should not become a collection agency and this may be an abuse of power. Councilman Moore withdrew his second and the motion died for lack of second. Minutes - 10 January 28, 1986 OTHER RESOLUTIONS AND ORDINANCES 18. RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTER MEMORY AND DISK, AUTHORIZING THE NECESSARY TRANSFER AND REAPPROPRIATION OF FUNDS WITHIN THE MANAGEMENT SERVICES BUDGET AND WAIVING FURTHER BIDDING REQUIREMENTS (Director of Management Services/Director of Finance) During August 1984, the City purchased its current Burroughs B-2925 mainframe computer with the intent of being able to upgrade its capacity as the demands on it grew. As more automation is occurring within the City and its six outside users, the computer's capacity should be expanded by adding more memory and disk storage in order to meet the various users' needs and better take advantage of the computer's potential capability. The estimated total cost for the purchase, installation, and maintenance of the proposed computer memory and disk is $31,000. The FY 1985-86 Management Services budget includes ~40,000 in the Professional Services account for consultant assistance in developing a maintenance management system for Public Works. City Manager Goss stated more information is being obtained and recommended that a revised resolution be brought back next week. MSUC (Cox/Scott) to bring back a revised resolution next week. 19. RESOLUTION 12353 ACCEPTING BIDS AND AWARDING CONTRACT FOR wREPLACEMENT OF EXISTING CITY PARKS SECURITY LIGHTING IN THE CITY OF CHULA VISTA, CAw AND APPROPRIATING FUNDS THEREFOR (Director of Public Works/City Engineer) On January 15, 1986, sealed bids were received for replacemen~ of existing City park security lighting. The project, included in the 1985-86 budget, consists of the removal of existing poles and installation of new security lighting at nine parks located throughout the City. Funds are available from the following accounts for this project: A. Appropriation from the unappropriated balance of the General Fund ~16,944.03 B. Replacement of Park Security Lights Account 66,185.97 Total Funds Available $83,130.00 Minutes - 11 - January 28, 1986 Funds Required for Construction: A. Contract Amount $79,175.00 B. Contingencies (construction & inspection) 3,955.00 Total Funds for Construction of Project ~83,130.00 It was proposed that funds appropriated from the General Fund be reimbursed with monies from the Park Acquisition and Development Fund when they become available. It was recommended the Council award the contract to Aztec Electric, Spring Valley, in the amount of ~79,175.00. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 20. RESOLUTION 12354 ADOPTING A SMOKING POLICY FOR EMPLOYEE AREAS OF CITY BUILDING AND APPROPRIATING FUNDS THEREFOR (Principal Management A~sistant) Chapter 8.22 of the Municipal Code (adopted in October 1984) requires that employers develop a policy concerning smoking by employees in the workplace. The City Manager appointed a committee of employees to develop a draft policy by work site and then designated a management negotiation team to meet and confer with the various employee associations concerning that policy. The policy is the result of those meet and confer sessions. The recommendation was that the Council appropriate funds to purchase air cleaning devices as stipulated in the policy. An amount of $3,820 is required for the air cleaners with an additional ~300 for appropriate signage, for a total of ~4,120. Funds will be appropriated from the unappropriated balance of the General Fund to Account 0730 (Non-Departmental)-0730-5568. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consentt passed and approved unanimously. REPORT OF CITY BOARDS AND COMMISSIONS 21. REPORT VEHICLES SPEEDING WITHIN THE CITY OF CHULA VISTA - Robert Torbett, Chairman, Safety Commission On August 13, 1985, the City Council requested staff work with the Safety Commission in developing recommended avenues the City could pursue in notifying Chula Vista citizens of the increased rate of speed of motorists. It was Council's intent that possibly the Safety Commission would consider such items as a mail-out to churches, clubs, etc., which would ask individuals to take additional precautions and drive more slowly. Minutes - 12 - January 28, 1986 MSUC (Scott/McCandliss) to accept the report with the notations made by the City Manager. 22. REPORT OF THE CITY MANAGER a. MSUC (Cox/Malcolm) for a Closed Session (at the end of the business meeting) for personnel (meet and confer), Section 404 Permit discussions, and lawsuit regarding Sierra Club vs. Coastal Commission. b. City Manager Goss noted the Mayor's State of the City address was broadcast on Cox Cable on Monday, January 27 and will be shown again on Thursday, January 30 at 7:35 p.m. 23. MAYOR'S REPORT - None. 24. COUNCIL COMMENTS a. Councilman Malcolm noted in light of the space shuttle tragedy this morning the flag should be flown at half-mast and referred to Council policy of ~968 regarding this. MSUC (Cox/Malcolm) to refer the 1968 policy to staff with the normal national criteria for half-masting of flags. b. Councilman Malcolm, referring to the Council's tour of the City on Saturday (January 25), discussed the re-evalution of zonings (R-3) in the older sections of the City. He noted the current workload in the Planning Department and questioned when such a study could be done. MSUC (Malcolm/McCandliss) for the City Manager to bring back a report on some type of timeframe (for teevaluation of zonings) either as a verbal or Council Information item. Councilwoman McCandliss discussed the formation of a policy statement which would allow the Design Review Committee greater discretion for review Of high-density projects. MSUC (McCandliss/Scott) that a policy be returned to the Council that would somehow allow the Design Review Committee discretion in' the density bounds. c. Councilman Scott noted the recent tour on January 25 demonstrated the need for Council to view developments within the City. He expressed his pleasure with Council's action in approving a quarterly schedule of these tours. d. Councilman Scott referred to Council's action approving the purchase of two new buses indicating these were a function of growth as a result of EastLake. He asked if the equipment (not operation) could be charged to the EastLake fees. Minutes 13 - January 28, 1986 e. Discussion followed regarding the joint City Council/School Board meeting held on Monday. Specifically, discussion included: implementation of AB201 for collection of developer fees, inequities among cities involved in collecting the fees, noted mobilehome park developments would be affected by increased fees (monthly rent could increase by $100 per month), and that stronger action may be needed by Council to assure the collection of fees equally by all cities. MS (Scott/Malcolm) to place this item on the agenda next week. Councilman Moore remarked that effective communication is the best way to handle a situation like this. Councilman Scott withdrew his motion and the second agreed. MSUC (Moore/McCandliss) a letter be sent to the Sweetwater Union High School District Superintendent with copies to the Board members noting Council's interpretation of communication that there are inequities in a number of cities involved in the fee structure. f. Councilman Malcolm asked for a list of fees charged to a home owner (such as residential construction tax, plan check, water, park, and traffic signals). MSUC (Scott/Malcolm) for that report to be presented at budget time. The Council recessed at 8:45 p.m. to the Redevelopment Agency meeting. The Council meeting reconvened at 8:46 p.m. and recessed to Closed Session. ADJOURNMENT AT 9:25 p.m. to the meeting of Thursday, January 30, 1986, at 4 p.m. and to Tuesday, February 4, 1986 at 4:00 p.m. l~lerku asz, Adele A. Sarmiento Deputy City Clerk 0729C/ak