HomeMy WebLinkAboutcc min 1986/04/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, April 8, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor pro Tempore McCandliss; Councilmen
Moore, Councilman Scott
MEMBERS ABSENT: Mayor Cox, Councilman Malcolm
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Gill
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor pro Tempore
McCandliss followed by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meetings of March 27 and April 1,
1986.
MSUC (Scott/Moore) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
PROCLAIMING APRIL 6 12 AS "NATIONAL LIBRARY WEEK"
The Proclamation was presented to Doris Moore, Chairman of
the Library Board of Trustees.
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
Interinsurance Exchange of the Automobile Club of Southern
California, Ms. Cynthia Caperon, P.O. Box 25001, Santa Ana,
CA 92711
Donald S. Robbins, c/o Jerry Suppa, Attorney at Law, 3055
India Street, San Diego, CA 92103
Ceasar Zepeda, c/o Jerry Suppa, Attorney at Law, 3055 India
Street, San Diego, CA 92103
The three claims stemmed from an automobile accident which
occurred on December 15, 1985 at the intersection of "H"
Street and Second Avenue.
MSUC (Moore/Scott) to reject the claims.
Minutes ~ 2 - April 8, 1986
b. REQUEST TO HONOR BAY HOSPITAL MEDICAL CENTER (BHMC) LEASE
AGREEMENT PROPOSAL - Clinton D. Matthews, Chairman, Bay
Hospital Medical Center Board of Directors, P.O. Box 1537,
Chula Vista 92012-1537
Mr. Matthews requested the City Council take action regarding
defeasing the hospital bonds, leasing hospital facility to
Bay Hospital Medical Center (BHMC), and subleasing the
facility to National Medical Enterprises (NME).
c. REQUEST TO TABLE BAY HOSPITAL MEDICAL CENTER/NATIONAL MEDICAL
ENTERPRISES PROPOSAL REGARDING LEASE AGREEMENT - Clinton Do
Matthews, Chairman, Bay Hospital Medical Center Board of
Directors, P.O. Box 1537, Chula Vista 92012-1537
Mr. Matthews stated National Medical Enterprises (NME) has
notified Bay Hospital Medical Center (BHMC) that it is their
opinion the lease agreement between BHMC and NME is no longer
valid and binding upon the parties; however, BHMC believes
they have a binding lease agreement. They requested the
Council table the request for Council action until the BHMC
Board of Directors has had an opportunity to thoroughly
evaluate the issues associated with NME's letter.
The City Manager recommended this be done.
Councilman Scott stated he had a possible conflict of
interest on this issue as his employer, Merrill Lynch, has
been the consultant with Bay Hospital Medical Center.
Therefore, he abstained from this item and left the dais.
Assistant City Attorney Gill advised pursuant to Chula Vista
Municipal Code, Section 2.04.080, when a City Council
consists of less than a quorum, the remaining two members can
motion for a continuance of an item.
MSC (McCandliss/Moore) to continue these two items (3b and 3c) as
recommended by the City Manager. (Councilman Scott abstained.)
Councilman Scott returned to the dais at this time.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING PROPOSED CONDEMNATION OF CERTAIN PARCELS
OF LAND FOR RIGHT-OF-WAY AND EASEMENTS
FOR OTAY LAKES ROAD AND OTHER PURPOSES
(Director of Public Works/City Engineer)
Minutes - 3 - April 8, 1986
a. RESOLUTION DETERMINING AND DECLARING THE NECESSITY
OF ACQUIRING CERTAIN RIGHT-OF-WAY FOR
PUBLIC STREET, EASEMENTS FOR DRAINAGE,
SEWER AND SLOPES AND AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION PROCEEDINGS
TO ACQUIRE SAID RIGHT-OF-WAY AND EASEMENTS
b. RESOLUTION APPROVING AGREEMENT WITH EASTLAKE
DEVELOPMENT COMPANY TO COVER THE FULL
COSTS OF THE ACQUISITION OF RIGHT-OF-WAY
EASEMENTS ALONG OTAY LAKES ROAD AND
RANCHO JANAL ROAD AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
c. RESOLUTION DEPUTIZING THE FIRM OF LUCE, FORWARD,
HAMILTON AND SCRIPPS AS DEPUTY CITY
ATTORNEYS TO CONDUCT THE CONDEMNATION
PROCEEDINGS AND DIRECTING SAID FIRM TO
SEEK AN ORDER OF IMMEDIATE POSSESSION FOR
THE SUBJECT EASEMENTS AND RIGHTS-OF-WAY
Since this item requires a 4/5ths vote, it was recommended it be
continued to the meeting of April 15, 1986.
MSUC (Scott/McCandliss) to continue the public hearing to April 15.
5. ORAL COMMUNICATIONS
a. Bettye Burnett, 629 Third Avenue, Chula Vista, representing
Century 21 Realtors, proposed a location at 395 "D" Street,
Chula Vista (church and school facilities), for the School of
Performing Arts which is under consideration by the City
Council. She noted the following concerning the site:
location superior to Vogue previously contemplated by
Council; 100 off-street parking spaces; seating capacity for
800; adjacent to residential area; main bus line at this
location; property is almost 2 acres; 24,000 square feet;
location can be used as a senior citizen apartment complex if
not chosen for the school site.
MSUC (McCandliss/Scott) that this location request be referred to
staff.
U.S. GRAND JURY INVESTIGATION
MSUC (McCandliss/Scott) that the Council recess to Closed Session
for potential litigation involving the U.S. Grand Jury
investigation (pertaining to the Endangered Species Act).
The meeting recessed at 7:11 p.m. and reconvened at 7:27 p.m.
Minutes - 4 - April 8, 1986
Mayor pro Tempore McCandliss announced that the "United States has
elected to proceed no further in its criminal investigation of
possible violations of the Endangered Species Act pertaining to
the building of fences in 1984 and 1985 by the City of Chula
Vista."
MSUC (Scott/Moore) to accept the agreement presented by the U.S.
Department of Justice.
CONSENT CALENDAR (6 16)
Items 13, 15 and 16 pulled.
MSUC (McCandliss/Scott) to approve the Consent Calendar.
6. RESOLUTION 12425 ACCEPTING BIDS AND AWARDING CONTRACT FOR
ONE STUMP CUTTER AND ONE BRUSH CHIPPER
(Director Of Finance/Director Of Public
Works/City Engineer)
Vermeer-California submitted the low bid on a Vermeer Model 1465
stump cutter and Vermeer Model 1600 brush chipper. The bid met
specifications and is acceptable to the Director of Public
Works/City Engineer.
The purchase price including sales tax and trade-in on the Stump
Cutter is ~23,701.78 and on the Brush Chipper ~11,437.07. The two
pieces of equipment are budgeted in the 1985/86 Equipment
Replacement Fund.
Funds are provided for in the following accounts:
COUNCIL APROVED
ITEM ACCOUNT NUMBER AMOUNT APPROPRIATION
2 705-7050-5565
7. RESOLUTION 12426 AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF CALIFORNIA TO
PURCHASE THIRTEEN SEDANS AND EIGHT
PICK-UP TRUCKS ON BEHALF OF THE CITY OF
CHULA VISTA (Director of Finance/Director
of Public Works/City Engineer)
The FY 1985-86 budget includes funding for the purchase of
thirteen compact sedans, one station wagon and eight compact
pick-up trucks. Council Resolution No. 6132 authorizes the City
to participate in a cooperative bid with the State of California
for the purchase of these vehicles. The State levies a charge of
1.2% of the total transaction (before taxes) for its services.
Minutes - 5 - April 8, 1986
Funds are available in the following accounts:
COUNCIL APPROVED
ACCOUNT NUMBER AMOUNT REQUIRED APPROPRIATION
100-1050-5565 ~ 32,695.84 $ 35,200.00
100-1320-5565 16,347.92 17,600.00
705-7050-5565 119,186.90 123,300.00
~168,230.66 ~176,100.00
8. RESOLUTION 12427 APPROVING AN EASEMENT ON LOT 7 OF THE
FOCUS AREA TO CENTRE CITY ASSOCIATES,
LTD., FOR PAVING AND LANDSCAPING PURPOSES
(Community Development Director)
In October of 1985, the Redevelopment Agency approved the design
for the proposed One Park Apartment project. The proposal
included an encroachment onto the City Parking Garage site (Lot 7)
with paving and landscaping. An 8 to 17 foot wide strip of land
along the west southwest property line of the City lot is involved
with the encroachment. The Agency approved this concept and the
project was conditioned to: 1) obtain an easement from the City,
(2) construct and maintain improvements to be installed on City
property and (3) repair affected City landscaping.
9a. RESOLUTION 12428 PASSING ON AN AMENDED "REPORT" OF THE
ENGINEER, GIVING PRELIMINARY APPROVAL,
AND SETTING A TIME AND PLACE FOR PUBLIC
HEARING (Director of Public Works/City
Engineer)
b. RESOLUTION 12429 REFERENCING PREVAILING WAGE SCALE AND
DIRECTING CALL FOR CONSTRUCTION BIDS
(Director Of Public Works/City Engineer)
This is a continuation of the proceedings for Assessment District
85-2 which is providing a part of the water, sewer, and street
improvements in the EastLake development. Previous actions by the
Council have authorized construction of the reservoir and pump
station. The plans and specifications for the remainder of the
work are now completed and ready for bidding.
The balance of the work consists of the water transmission line
from the reservoir, the on-site water and sewer lines in the
EastLake Unit 1, and the construction of a portion of Otay Lakes
Road. The Engineers Report has been amended to include these
facilities with updated cost estimates, assessment roll and
assessment diagram.
Minutes 6 April 8, 1986
10. RESOLUTION 12430 ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE EAST "H" STREET AND HIDDEN VISTA
DRIVE TRAFFIC SIGNAL IN THE CITY OF CHULA
VISTA (Director of Public Works/City
Engineer)
This project involves installing a six-phase traffic signal at
East "H" Street and Hidden Vista to allow traffic easier and safer
access to East "H" Street from the major subdivision to the north
and the new Terra Nova Plaza shopping center to the south. The
low bid for $55,000 was received from McCain Construction Company.
Funds are available from the following account:
Traffic Signal Installation - East "H" Street and
Hidden Vista Dr. Account (Traffic Signal Fund) $75,387
Less Equipment already ordered by City of C.V. 15~000
Total Available ~60,387
Funds required for construction:
A. Contract Amount ~39,706
B. Contingencies (approx. 10%) 5,000
C. Engineering (by contract) 4,000
Total Funds for Construction of Project ~48,706
Routine City maintenance and energy costs of approximately ~4,000
per year.
11. RESOLUTION 12431 APPROVING TIME EXTENSION-RECONSTRUCTION
OF SWIMMING POOL DECK, LOMA VERDE PARK
(Director Of Public Works/City Engineer)
Fritz Nachant, Inc. was awarded the contract for reconstruction of
the swimming pool deck, Loma Verde Park, by Resolution No. 12308
on December 17, 1985. The contract is dated January 10, 1986.
They have requested an additional nine working days to complete
the work, due to rain delays and delays in delivery of material.
12. RESOLUTION 12432 APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND GILLESPIE DE LORENZO,
ASLA AND ASSOCIATES TO PROVIDE LANDSCAPE
ARCHITECTURAL SERVICES FOR THE REDESIGN
OF THE PLAYGROUND AND PARK AT HARBORSIDE
ELEMENTARY SCHOOL AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (Director
of Parks & Recreation)
Minutes 7 April 8, 1986
Funds for the design and construction of improvements to the
playground and park at Harborside Elementary School were
appropriated from the FY 1981-82 Community Development Block Grant
(CDBG) budget. Construction bids based on an initial design were
rejected by the City Council at its November 12, 1985, meeting
because the bid amount exceeded the available budgeted funds.
Council directed staff to reevaluate the scope of the project and
develop a revised design.
Sufficient funds are available in CDBG Account No. 630-6300-BGl10
to cover the design cost.
13. RESOLUTION REQUESTING FY 1986-87 SAN DIEGO URBAN COUNTY
BLOCK GRANT PROJECTS FOR MONTGOMERY COMMUNITY
(Community Development Director)
Pulled from Consent Calendar.
14. ORDINANCE 2143 AMENDING CHAPTER 10.56 OF THE CHULA VISTA
MUNICIPAL CODE INCREASING METER RATES -
FIRST READING (Deputy City Attorney)
RESOLUTION 12433 APPROVING THE INCREASE IN DURATION OF
PARKING METERS LOCATED IN THE TOWN CENTRE
I REDEVELOPMENT PROJECT AREA
At its February 18, 1986 meeting, the City Council accepted the
recommendations of the Town Centre Project Area Committee (PAC) to
increase the rate of meter fees, and at its March 18, 1986
meeting, the City Council approved recommendations to increase
meter fees for ten hour and four hour meters and changes in the
duration of meters in several locations.
The amendment to the ordinance would allow the City Council to
increase the current meter fees and would make all meters 10~ per
hour. The resolution would change the duration of meters in
several locations in the Town Centre I-Redevelopment Project area.
The cost to convert the meters currently in service is estimated
to be $3,000. If the proposed changes in meter fees (including
those made at the PAC'S March 6 meeting) are approved by the City
Council, it is projected that meter revenues in 1986-87 will
increase by approximately 60 percent.
1984-85 1986-87
Revenue Projected
On-Street Meters $60,221 ~ 76,765
Off-Street Meters 22F608 55,888
~82,829 $132,653
Minutes - 8 - April 8, 1986
15. REPORT ON PETITION FROM RESIDENTS OF OLEANDER AVENUE
REGARDING TRAFFIC CONTROLS ON THAT STREET
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
16. REPORT ON THE STATUS OF THE VILLA SAN MIGUEL
SUBDIVISION (Director of Public Works/City
Engineer)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
13. RESOLUTION 12434 REQUESTING FY 1986-87 SAN DIEGO URBAN
COUNTY BLOCK GRANT PROJECTS FOR
MONTGOMERY COMMUNITY (Community
Development Director)
Community Development Director Desrochers reported the FY 1986-87
Community Development Block Grant (CDBG) funding for the
Montgomery area is to be received and administered by the County
of San Diego. Although the Montgomery area was recently annexed
to the City, the Federal government has not had adequate time to
reprocess the FY 1986-87 CDBG allocation for Montgomery. An
agreement has been reached between the County and the City whereby
the City will decide the projects which will receive Block Grant
funding and will manage the implementation of those projects.
Board of Supervisors Resolution #R085-7 of November 19, 1985,
states that the County agrees to the reasonable transfer to the
City of revenues received by the County on behalf of the
Montgomery area which included CDBG funding.
The Montgomery Community Planning Committee (MCPC) voted on April
2, 1986 to recommend that County FY 86-87 Block Grant funds be
used for projects 1, 2 and 3 listed in the staff recommendation.
It was recommended the Council request that the County of San
Diego utilize their FY 1986-87 Urban County Block Grant funds to
fund the following projects in the Montgomery Community:
1. Street improvements on 5th Avenue, Palomar Street to Orange
Avenue.
2. Street improvements on 5th Avenue, Oxford Street to Palomar
Street.
3. Street improvements on Williams Avenue, Palomar Street to
Orange Avenue.
4. Eligible project to be determined at a later time.
Minutes - 9 - April 8, 1986
Administrative Analyst LoBue, in response to Councilman Moore's
question, stated a public hearing was held by the County in
November at which time members of the public were invited to
attend. Montgomery residents made proposals for Block Grant
funding at that time, which were passed along to the Montgomery
Planning Committee.
Lynn Pankhurst, 171 Palomar, #106, Chula Vista, appeared before
the Council and discussed the following: recommended the "safety"
lighting that currently exists at Second Avenue and Palomar be
deleted and be replaced with a "traffic" light; funding for
Woodlawn Community Park be made; recommended paving for the 100
feet between Fourth and Fifth Avenue on Emerson; upgrade kitchen
facilities at the Lauderbach Community Center; supported the City
Manager's recommendation for sidewalk construction at William
Avenue between Palomar and Orange.
City Manager Goss remarked instead of identifying #4 ( street
improvements on Fifth Avenue, Oxford Street to Palomar Street) as
a specific project, staff determined it as an item to be funded at
a later date.
In answer to Mrs. Pankhurst's concern regarding Second Avenue and
Palomar traffic lighting, Traffic Engineer Glass stated that the
term "safety lighting" is the same as "traffic lighting" and that
luminaires will be placed at four corners at this location.
Mr. Phillip Scheuer, 1319 Costa Avenue, Chula Vista, 92011,
suppprted Block Grant funding for the Woodlawn Park Community
Center. He suggested this request be turned over to. staff for
immediate financial solution as the center cannot continue to
operate without some form of financial relief.
City Manager Goss clarified that a request for funding for this
center was submitted to the City for funding in future fiscal
years. He suggested perhaps staff could fund this request by
using excess monies from this year's social service programs fund.
MSUC (Scott/McCandliss) direct staff to look into the problem at
the Woodlawn Community Center.
In response to Mayor pro Tempore McCandliss' question, City
Manager Goss stated the CIP Tour is scheduled for June 7 at 9:00
a.m.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
Minutes 10 - April 8, 1986
15. REPORT ON PETITION FROM RESIDENTS OF OLEANDER AVENUE
REGARDING TRAFFIC CONTROLS ON THAT STREET
(Director of Public Works/City Engineer)
At the December 10, 1985 meeting, Council referred a petition from
Mr. Tom Turner and other residents on Oleander Avenue to staff and
the 'Safety Commission for report and recommendation. The petition
cites excessive speeds, high accident frequency, and excessive
through traffic volumes as major problems on Oleander Avenue south
of Telegraph Canyon Road. The residents requested at least two
traffic signals and/or three-way stop installations on Oleander
between Telegraph Canyon Road and Naples Avenue. The matter was
considered by the Safety Commission at their regular meeting of
February 13, 1986.
Mayor pro Tempore' McCandliss proposed that this item be continued
until a full Council is available.
Mr. Tom Turner, 1042 Oleander Avenue, Chula Vista 92011,
concurred with the Council stating that more review of the staff
report is warranted.
MSUC (McCandliss/Moore) to continue this item for 2 weeks.
Discussion followed regarding agenda items dockected for April 22
(three public hearings). Mr. Turner noted that he would not be
available to attend the Council meeting on that date either.
MSUC (McCandliss/Moore) to reconsider item #15.
MSUC (McCandliss/Scott) to continue this item to the first meeting
in May (May 6).
16. REPORT ON THE STATUS OF THE VILLA SAN MIGUEL
SUBDIVISION (Director Of Public Works/City
Engineer)
Councilman Scott noted he had a possible conflict of interest as
he has a client who has property in the area; therefore, he would
abstain.
MSUC (McCandliss/Moore) to continue this item for 2 weeks.
(Councilman Scott abstained.)
17. REPORT OF THE CITY MANAGER
a. City Manager Goss introduced the new Risk Manager, Diane
Levin.
Minutes - 11 April 8, 1986
18. MAYOR'S REPORT
a. Mayor pro Tempore McCandliss commented on the Bay Hospital
Medical Center issue. Assistant City Attorney Gill ruled
that no comments or discussion could be made at this time as
there are only two members voting and one is abstaining (due
to a potential conflict of interest).
19. COUNCIL COMMENTS
a. Councilman Scott noted graffiti on the embankment of the
Trolley line near the turnoff on 1-54.
MSUC (Scott/Moore) the City contact CalTrans, or whoever is the
appropriate body, to see if this can be taken care of right away.
b. Councilman Scott asked for a status report on the
beautification of the Trolley line.
MSUC (Scott/McCandliss) to report back next week (on the
beautification of the Trolley line).
c. Councilman Scott requested a status report on the illegal
placement of asphalt on "J" Street adjacent to the Hilltop
Elementary School.
Director Of Public Works/City Engineer Lippitt responded he
has contacted the elementary school but has received no
commitment as to what action they will take.
d. Councilman Scott noted the City's lack of control over
conditional use permits for school districts noting the
carnival recently held on school grounds which was placed as
close as possible to the residential areas.
MS (Scott/McCandliss) to send a letter to the high school district
stating in the future, to notify the City Council, as a courtesy
(regarding CUP's).
Assistant City Attorney Gill stated the Government Code
provides exemption for school districts in providing review,
of these types of activities by the City Council.
The motion to contact the high school district passed unanimously.
e. Councilman Moore noted the Diamond Anniversary Committee
would like to acknowledge Public Schools Week.
MSUC (Moore/Scott) that the City prepare a proclamation for each
school district proclaiming Public Schools Week.
Minutes - 12 - April 8, 1986
f. Councilman Moore displayed revised samples of the medallion
set in lucite.
ADJOURNMENT AT 8:11 p.m. to the Council Tour (Grossmont Shopping
Center) on Thursday, April 10 at 4 p.m. and the meeting of
Tuesday, April 15, 1986 at 7 p.m.
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~ 1 Deputy City Clerk
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