HomeMy WebLinkAboutcc min 1986/06/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, June 10, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT Mayor Cox; Councilmembers Malcolm, Moore,
Campbell
MEMBERS ABSENT: Councilwoman McCandliss
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES for the meeting of May 20, 1986.
MSUC (Moore/Campbell) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. PRESENTATION BY SUSAN FULLER, PRESIDENT, CHULA VISTA CHAMBER
OF COMMERCE - CHULA VISTA DAY AT THE PADRES
Susan Fuller invited the Mayor, City Council, and citizens of
Chula Vista to "chula Vista Night at the Padres" sponsored by
the Chamber of Commerce, San Diego Trust & Savings, and the
Star-News. One-thousand seats have been reserved for this
function on Wednesday, July 9, 1986, at 7 p.m.
ACKNOWLEDGEMENT OF ADULT SCHOOL CLASS
Mayor Cox welcomed Mrs. Fern Hare's Chula Vista Adult School U. S.
Government class.
b. PRESENTATION BY REPRESENTATIVES OF SAN DIEGO TAXPAYERS
ASSOCIATION AND SAN DIEGO COUNTY COUNCIL OF REAL ESTATE
BOARDS, INC.
Mark Nelson discussed the survey of the 16 cities' budgets for
FY1984-85, including: comparison of budgets in the County;
revenues, operating expenditures, capital and staffing
examined; $17 million in revenue, majority of which
represented by taxes; employees' salaries represented over
half of budget; Chula Vista expends 31.75% of funds for public
MINUTES 2 June 10, 1986
safety; average amount spent in cities is ~138 per capita for
capital improvements; total of all city employees in the
County is 10,000 (1 employee per 157 residents); Chula Vista
has an above average sales tax base; survey does not take into
account the two recently incorporated cities of Encinitas and
Solana Beach.
Mr. Bill Gildnet, President of the South Bay Cities Board of
Realtors, introduced individuals who assisted in preparing
this survey.
INFORMATION REGARDING PREVIOUS COUNCIL ACTION
Councilman Malcolm clarified Council's action taken yesterday
during budget session for an administrative aide for the Mayor
and Council was "preliminary'; this approval is subject to an
outline and job description before the position can be
approved; it should be understood the position is warranted
due to the Mayor's full-time duties and other high priority
projects.
REQUEST FOR CONTINUANCES
Mayor Cox noted Councilwoman McCandliss, due to her illness,
had requested Item 18, relating to the medical center sign
request, be continued for one week.
MSUC (Cox/Moore) continue this item (#18) for one week (June 17).
The Mayor stated he received a request for continuance from
Mr. Casey who represents property owners regarding reversion
of acreage of Villa San Miguel (Item 21).
MSUC (Cox/Malcolm) to continue this item for two weeks (June 24,
1986).
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY -
Edwin R. Link, c/o David C. Skyer, Esq., Nickoloff & Distel,
1750 Sixth Avenue, San Diego 92101
This lawsuit alleged improper police procedures in connection
with the investigation of a reported theft. Mr. Link filed
the theft report alleging his former tenants, the Ellinghaus',
took property from an apartment he owned.
Robert D. Deems, Attorney at Law, 1007 Fifth Avenue, Ste.
1024, San Diego 92101
MINUTES 3 - June 10, 1986
Attorney Robert D. Deems filed a claim with the City on April
30, 1986 in the amount of $50,000, alleging that a bus driver
interfered with his right to use a City bus. An investigation
revealed that he was temporarily denied access while a driver
confirmed with the dispatcher that Mr. Deem's doberman guide
dog was allowed on the bus.
MSUC (Campbell/Moore) that the two claims be denied.
b. REQUEST FOR REAPPOINTMENTS TO COMMISSION ON AGING - A1
Pressutti, Chairman, Commission on Aging
Discussion involved Council's responsibility to make these
appointments.
MSUC (Malcolm/Campbell) for reappointment of the two members.
MSUC (Moore/Malcolm) that the Commission on Aging ordinance be
returned and have the City Attorney put in similar language (for
appointment of the members) as with the rest of the Commissions
(Council appointments).
c. RESIGNATION FROM HUMAN RELATIONS COMMISSION - Thomas C. Stille
RESIGNATION FROM PARKS & RECREATION COMMISSION - Marion Stille
RESIGNATION FROM SAFETY COMMISSION Quentin C. Stokes
It was recommended these letters of resignation from Boards
and Commissions be accepted with regret and a letter of
appreciation be sent.
MSUC (Malcolm/Campbell) to approve staff's recommendation.
d. REQUEST FOR WAIVER OF BUSINESS LICENSE FEES FOR THE BONITAFEST
- Gail Huckell, Chairperson, Bonitafest 1986, Bonita Business
& Professional Association, P.O. Box 284, Bonita, CA 92002
The request was for Council to waive the business license fee
as this would deter participation by crafts and food
concession individuals.
City Manager Goss requested staff's recommendation be modified
and waive the business license fees for this event.
MSUC (Malcolm/Campbell) to waive the fees and refer to staff for
logistical report.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING APPEAL OF CONDITIONS OF APPROVAL OF MAJOR
USE PERMIT PCC-86-24M, GRANTED BY THE
PLANNING COMMISSION; REQUEST TO CONTINUE
AUTOMOBILE DISMANTLING AND SCRAP
OPERATIONS AT 128 MACE STREET AND 140
CENTER STREET MARY REED (Continued from
June 3, 1986)(Director of Planning)
MINUTES 4 June 10, 1986
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Council continued this item from the meeting of May 20, 1986 to
June 3, 1986 so that the potential action of approval of the Major
Use Permit only until December 31, 1986, might receive additional
environmental assessment. The revised document has gone through a
required public review period ending June 8, 1986. Therefore, the
public hearing was continued another week to this date.
Director of Planning Krempl presented a transparency showing the
location and site plan of the area commenting that the City
Council took action to discontinue the Major Use Permit for this
area effective December 31, 1986; additional environmental review
is necessary in order to ascertain that a Negative Declaration was
significant; Negative Declaration has now been issued; single
Major Use Permit made for the three separate businesses;
identified the three businesses in the area (towing service, auto
dismantling, scrap yard); staff has verified that the towing yard
and storage is a permitted use, the application is legal and does
not require a Major Use Permit; questioned if City Council wishes
to continue action on other two businesses; recommendations of the
Montgomery Planning Committee and Planning Commission should be
referred to staff; scrap yard action can be taken separately with
the resolution brought back in two weeks in order to provide
environmental review.
In answer to Councilman Moore's question, Director Krempl
indicated the application filed with the Planning Department
listed "continuation of auto dismantling and scrap operations at
128 Mace Street and 140 Center Street."
Dick Reynolds, Phillips-Reynolds Engineering, 71 No. Fourth
Avenue, Chula Vista, representing the applicant, noted the site
plan which accompanied the application f,or the Major Use Permit
depicted three parcels and three proposed uses; an effort has been
made to clean up the scrap yard operation site; suggested Council
reconsider termination of the Major Use Permit; requested
modification to Major Use Permit application to include a tow
truck salvage and wrecking operation; noted the Montgomery
Planning Committee and Planning Commission's approval of this
application; uses should be allowed until the Specific Plan is
adopted.
Robert Kroeger, 4215 Helix del Sur, La Mesa, representing the Mace
Street operation, distributed photographs of the area; objected to
the scrap yard because the property is too small for this type of
business; recently noticed ten abandoned vehicles on Britton and
Mace Street; CVPD has cited inoperable vehicles but they have not
been towed away; debris dumped on the premises; requested
continuing other two operations for two years or 60 days after
Specific Plan is approved.
MINUTES 5 June 10, 1986
There being no further testimony either for or against, the public
hearing was closed.
Councilman Malcolm stated he is willing to go along with the
dismantling use, per the Planning Commission recommendation;
however, the scrap yard should be moved out; scrap yard owner
should also be required to install the fence and make other street
improvements; no need to take action on towing yard but since it
was one permit, that use should be separated.
In answer to Council's questions concerning Mr. Reynold's request
to modify his application, Director Krempl stated if there is any
auto wrecking or salvage operations, a conditional use permit
would have to be filed.
MSUC (Malcolm/Moore) to take out the auto dismantling operation
from the portion previously approved and require the scrap yard
(operation) to move out by December 31, 1986.
Discussion followed concerning posting the area with wNo Standing"
or "No Parking" signs and prevent dumping "hulks."
MS (Moore/Campbell) to post the area this week "No Parking."
Councilman Malcolm indicated he disliked prohibiting on-street
parking in an industrial area.
SUBSTITUTE MOTION
MS (Cox/Campbell) ask staff to come back with some recommendations
regarding whether this area should be posted "No Parking/No
Standing" and bring back in two weeks (June 24).
Ed Storm, 1481 Third Avenue, Chula Vista, Chairman of the
Montgomery Planning Committee, pointed out since these "hulks"
have no license plates, pink slips or any other identification,
they cannot be sold legally.
Mayor Cox indicated these concerns should be included in staff's
referral.
The motion to refer this to staff passed unanimously.
5. PUBLIC HEARING ZONING TEXT AMENDMENT PCA-86-9 REQUEST
TO AMEND CHAPTER 19.70 OF TITLE 19 OF THE
CHULA VISTA MUNICIPAL CODE TO INCLUDE
REGULATION OF SATELLITE DISHES WITHIN
MONTGOMERY (Director of Planning)
ORDINANCE 2153 AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING THERETO A NEW
SECTION 19.70.015 TO INCLUDE THE
REGULATION OF SATELLITE DISHES WITHIN
MONTGOMERY - FIRST READING
MINUTES - 6 - June 10, 1986
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director Krempl explained that on July 15, 1985, the City Council
adopted an ordinance regulating satellite antenna dishes within
Chula Vista. On January 7, 1986, Council amended the ordinance to
revise the abatement program outlined for nonconforming dishes
within the City and set the ordinance for First Reading.
The City Attorney has reviewed the ordinance with respect to an
FCC ruling preempting local zoning regulations restricting
satellite earth stations, and determined that the ordinance is
valid and enforceable, but does not apply to Montgomery. The
County zoning ordinance adopted by City Council to govern the
Montgomery annexation area has no specific regulations governing
placement of satellite dish antennas, other than to allow them as
an accessory structure.
The Environmental Review Coordinator has determined that the
proposed ordinance change is categorically exempt from
environmental review under Section 4.3 of the Environmental Review
Procedures of the City of Chula Vista.
The Montgomery Planning Committee, at its meeting of May 7, 1986,
voted to recommend approval of the proposed ordinance with one
revision to proposed Ordinance Section 19.70.020(B)11. The
revision changes the period of time that a nonconforming dish may
be removed before it is considered abandoned from 30 to 60 days.
Staff has incorporated this change into the proposed ordinance
language which was approved by the Planning Commission on May 14,
1986.
Director Krempl noted the primary difference between the proposed
ordinance for Montgomery and the ordinance governing the balance
of Chula Vista is in the regulations governing abatement of
nonconforming dishes. While nonconforming dishes are allowed to
continue in the Municipal Code for a period of three years from
the date the ordinance was enacted, the proposed ordinance for
Montgomery amortizes nonconforming dishes over a period of ten
years from the date of annexation.
Ed Storm, 1481 Third Avenue, Chula Vista, stated upon annexing to
the City of Chula Vista, the Montgomery residents were promised no
changes would be effected before January 1, 1986, and the
residents would have a ten-year grandfathered period to conform.
Fred Creveling, 555 Oxford Street, Chula Vista, discussed the
annexation policy statement that no changes be made and
recommended Council retain the ten-year amortization period.
There being no further testimony either for or against, the public
hearing was closed.
MINUTES 7 June 10, 1986
Councilman Malcolm expressed concern with the rule changes (one
for 30 days, and one for 60 days) which may cause undue stress on
staff, indicating the rules should be the same for the entire City.
MS (Malcolm/Campbell) to place the Ordinance on First Reading, the
reading of the text was waived by unanimous consent.
Director Krempl pointed out the ordinance contains a ten-year
amortization period.
Mayor Cox questioned which ordinance would affect satellite dishes
in former Montgomery area. In response, Director Krempl explained
satellite dishes in that area installed prior to and subsequent to
annexation, up to the effective date of this ordinance, would be
grandfathered in--if non-conforming or legal, if they meet
provisions in this ordinance.
MSC (Malcolm/Campbell) to amend the ordinance to read three
years. (Mayor Cox opposed.)
The motion placing the ordinance on first reading passed
unanimously.
6. PUBLIC HEARING PCS-86-5 - CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR THE COTTAGES AT
EASTLAKE SHORES, CVT 86-5 - LANE/KUHN
PACIFIC DEVELOPMENT COMPANY (Director of
Planning)
RESOLUTION 12510 APPROVING TENTATIVE SUBDIVISION' MAP FOR
THE COTTAGES AT EASTLAKE SHORES, CHULA
VISTA TRACT 86-5
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Councilman Malcolm declared a possible conflict of interest as he
is buying a home in this area for his mother-in-law, and left the
dais at this time.
The applicant has submitted a tentative subdivision map in order
to subdivide 12.7 acres into 100 single-family lots within the
EastLake Planned Community. The property is located southeasterly
of "H" Street and northerly of the lake and beach club. Project
access will be from Lakeshore Drive, the main loop road serving
the EastLake Shores area. Lower density single-family is proposed
for the area to west of the site, while higher density development
is proposed for the area to the east. The area to the south
across Lakeshore Drive is proposed for the same density of 10
dwelling units per acre, and open space and proposed Route 125 are
located to the north of the project site.
There being no further testimony either for or against, the public
hearing was closed.
MINUTES 8 June 10, 1986
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved (Councilman
Malcolm abstained).
7. ORAL COMMUNICATIONS
a. A1 Coupar, 782 Melrose Avenue, Chula Vista, representing the
Chula Vista Bobby Sox League, introduced members of his
softball team. He discussed the following relating to the
Rohr Park Master Plan: suggested Council consider the
addition of more City-operated, lighted softball fields; Chula
Vista softball league has won five national championships;
additional fields could be used to host district tournaments.
Mayor Cox noted the Rohr Park Master Plan is scheduled for
Council consideration next week and the Bobby Sox League's
concerns will be addressed at that time.
b. Paul Kincade, 715 Nolan Avenue, Chula Vista, remarked that the
situation on the American Legion building has not been
resolved since 1983; noted health and safety hazards (building
is not earthquake-safe); staff previously recommended the
building be razed; recently American Legion hired an engineer
to prepare plans for reconstruction to meet health and safety
standards; safety of the American Legion members and others
using the facility is jeopardized; suggested a month-to-month
lease until a solution is found.
Assistant City Manager Asmus stated the Council's last action
directed a commitment be made if the American Legion prepared
the following: (1) a design satisfactory to the Building &
Housing Department relative to meeting earthquake safety
standards; (2) financing plan on how this would be
accomplished; and (3) a landscaping plan. As a result it was
determined landscaping plans were not affordable by the
Legion. A report will be brought back in the next 30 days
offering possible alternatives Council may wish to entertain.
c. Fred Creveling, 555 Oxford Street, Chula Vista, commended City
staff, the Mayor, and City Council on their cooperative
efforts with the Montgomery Planning Committee.
d. Joe Raso, 165 Murray Street, Chula Vista, requested he be
allowed to provide a slide presentation this evening on his
residential construction at 165 Murray Street.
Director Krempl indicated reconsideration of Mr. Raso's
variance will be considered by the Planning Commission
tomorrow evening and will be brought back in a public hearing
to the city Council on June 17.
Under the advice of the City Attorney, Mayor Cox informed Mr.
Raso it would be more appropriate that his presentation be
made at that meeting.
MINUTES - 9 - June 10, 1986
CONSENT CALENDAR (8 - 21)
Items 8, 9a and b, 18, 19 and 21 pulled.
MSUC (Cox/Campbell) to approve the Consent Calendar.
8. RESOLUTION ESTABLISHING GREENS FEES AT CHULA VISTA
GOLF COURSE (Director of Parks &
Recreation)
Pulled from Consent Calendar.
9a. RESOLUTION APPROVING LEASE AGREEMENT WITH AMERICAN
GOLF CORPORATION FOR THE MAINTENANCE AND
OPERATION OF THE RESTAURANT AND BAR
PREMISES AT THE CHULA VISTA MUNICIPAL GOLF
COURSE AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Assistant City
Manager)
b. RESOLUTION APPROVING AMENDMENT #1 OF THE LEASE
BETWEEN THE CITY OF CHULA VISTA AND
AMERICAN GOLF CORPORATION FOR OPERATION OF
A PUBLIC GOLF COURSE AND DRIVING RANGE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT ON BEHALF OF THE CITY (Assistant
City Manager)
Pulled from Consent Calendar.
10. RESOLUTION 12511 ACCEPTING BIDS AND AWARDING CONTRACTS FOR
OPEN SPACE DISTRICT NOS. 1 THROUGH 11
(Director of Parks and Recreation)
During the September 6, 1983 meeting, Council approved
departmental recommendation that bidding of landscape maintenance
contracts for Open Space Districts be performed on an annual basis.
Bids to provide landscape maintenance services for the City Open
Space Districts were let out on April 17, 1986 and received on May
14, 1986.
CONTRACT COST SUMMARY
Recommended
Current 86-87 Contract Recommended
District Cost Cost Contractor
1 $ 7,800 $ 9,630 Aztec Landscape
2 1,493 3,960 Sensational
Creations
3 8,723 11,045 Aztec Landscape
4 19,920 20,700 Aztec Landscape
5 9,250 12,800 Aztec Landscape
MINUTES - 10 June 10, 1986
6 6,660 7,220 Aztec Landscape
7 1,235 2,800 Aztec Landscape
8 8,250 10,840 Aztec Landscape
9 13,310 13,800 Aztec Landscape
10 4,949 5,200 Aztec Landscape
11 24,800 26~000 Aztec Landscape
Total $106,391 $123,995
The recommendation was that Council accept bids and award
contracts to the following low bidders: Aztec Landscape Co. for
District Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11; Sensational
Creations Landscape Co. for District NO. 2
lla.RESOLUTION 12512 APPROVING THE REPORT OF THE CITY ENGINEER
OF SAID CITY MADE PURSUANT TO THE
REQUIREMENTS OF RESOLUTION NO. 12489 OF
SAID COUNCIL - CITY OF CHULA VISTA BAY
BOULEVARD STREET LIGHTING AND LANDSCAPING
MAINTENANCE DISTRICT NO. 1986-87 (Director
of Public Works/City Engineer)
b. RESOLUTION 12513 DECLARING ITS INTENTION TO ORDER CERTAIN
STREET LIGHTING FIXTURES AND APPURTENANCES
TO BE MAINTAINED AND ELECTRIC CURRENT TO
BE FURNISHED FOR LIGHTING SAID FIXTURES
AND TO ORDER CERTAIN LANDSCAPING TO BE
MAINTAINED AND REPLACED FOR THE FISCAL
YEAR BEGINNING JULY 1, 1986 AND APPOINTING
A TIME AND PLACE FOR HEARING PROTESTS IN
RELATION THERETO - CITY OF CHULA VISTA BAY
BOULEVARD STREET LIGHTING AND LANDSCAPING
MAINTENANCE DISTRICT NO. 1986-87
On May 20, 1986, City Council adopted Resolution No. 12489
ordering the City Engineer to prepare and file a report of
assessments for the street lighting and landscape maintenance
district for Bay Boulevard for fiscal year 1986-87. The net
assessment has increased by 7% over last year and the individual
assessments have been equally increased among the parcels.
It was recommended Council set July 8, 1986, for the public
hearing.
12a.RESOLUTION 12514 APPROVING THE REPORT OF THE CITY ENGINEER
OF SAID CITY MADE PURSUANT TO THE
REQUIREMENTS OF RESOLUTION NO. 12490 OF
SAID COUNCIL - CITY OF CHULA VISTA TOWN
CENTRE NO. 1 STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO.
1986-87 (Director of Public Works/City
Engineer)
MINUTES - 11 - June 10, 1986
b. RESOLUTION 12515 DECLARING ITS INTENTION TO ORDER CERTAIN
STREET LIGHTING FIXTURES AND APPURTENANCES
TO BE MAINTAINED AND ELECTRIC CURRENT TO
BE FURNISHED FOR LIGHTING SAID FIXTURES
AND TO ORDER CERTAIN LANDSCAPING TO BE
MAINTAINED AND REPLACED FOR THE FISCAL
YEAR BEGINNING JULY 1, 1986, AND
APPOINTING A TIME AND PLACE FOR HEARING
PROTESTS IN RELATION THERETO CITY OF
CHULA VISTA TOWN CENTRE NO. 1 STREET
LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT 1986-87
On May 21, 1985, City Council adopted Resolution No. 12490
ordering the City Engineer to prepare and file a report of
assessments for the street lighting and landscape maintenance
district for Town Centre No. 1 for fiscal year 1986-87. The net
assessment has increased by 6% over last year. Individual
assessments have been similarly modified.
It was recommended Council. set July 8, 1986, for the public
hearing.
13. RESOLUTION 12516 APPROVING THE NEGOTIATED PROPERTY TAX
EXCHANGE AND OTHER AGREEMENTS RELATING TO
THE OTAY VALLEY/PALM AVENUE REORGANIZATION
(Director of Planning)
On November 5, 1985, the City Council initiated the reorganization
of 566 acres of land currently located within the City of San
Diego. The property was located east of 1-805 and south of the
Otay River. Subsequently, on March 18, 1986, the Council amended
its previous application to only include two separate parcels
totaling 242 acres. The revision was due to property owner
opposition. A property tax exchange is now required before LAFCO
can act on the reorganization.
14. RESOLUTION 12517 APPROVING THE NEGOTIATED PROPERTY TAX
EXCHANGE RELATING TO THE PALOMAR/BAY
BOULEVARD REORGANIZATION (Director of
Planning)
On November 5, 1985, the City Council initiated the reorganization
of 63.1 acres of uninhabited land currently located within the
jurisdictional boundaries of the City of San Diego. The property
is situated on the west side of Bay Boulevard and immediately
north of Palomar Street extended. A property tax exchange is
required before LAFCO can act on the reorganization.
MINUTES - 12 - June 10, 1986
15a.RESOLUTION 12518 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF FOURTH
AVENUE SOUTH OF PALOMAR STREET (Director
of Public Works/City Engineer)
b. RESOLUTION 12519 ACCEPTING GRANT OF EASEMENT FROM MIGUEL B.
AND LUCIA R. CUBILLAS FOR STREET TREE
PURPOSES ALONG FOURTH AVENUE SOUTH OF
PALOMAR STREET
On December 20, 1985, Tentative Parcel Map No. 18561 was
conditionally approved by the Director of Planning and Land Use of
the County of San Diego. This lot is in the Montgomery Annexation
area. Among the conditions of approval was the requirement that
the owner offer an easement for street purposes along Fourth
Avenue. The City normally requires the owner of the subject
property grant an easement for street tree purposes before the
final parcel map is approved. These grants of easements are now
before the City Council for approval.
16. RESOLUTION 12520 AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES TO PURCHASE 7 POLICE PURSUIT
SEDANS (Director of Public Works/City
Engineer)
The current budget provides for the purchase of seven police
pursuit sedans. Council Resolution No. 6132 authorizes the City
to participate in a cooperative bid with the State of California
for the purchase. The procedure requires the adoption of a
resolution designating the State as the City's agent in making the
purchase. A service charge of 1.2% of the total before taxes is
required for each transaction.
The total cost for purchasing these seven police pursuit sedans
and transporting them to Chula Vista is ~79,665. Funds are
available in the FY 1985-86 budget in the Equipment Replacement
Fund (705-7050-5565).
17. RESOLUTION 12521 AUTHORIZING THE PURCHASE OF A HYDRAULIC
EXCAVATOR (Director Of Public Works/City
Engineer)
The current budget provides for the replacement of the City's
hydraulic excavator. Council Resolution No. 6132 authorizes the
City to participate in a cooperative bid with municipal agencies
within the State of California.
A total of $210,000 was authorized in FY 1985-86 within the Sewer
Service Fund for replacement of the City's 1972 hydraulic
excavator. The replacement was funded by the Sewer Service Fund
as the hydraulic excavator is used exclusively for the maintenance
and repair of storm drain and sanitary sewers.
MINUTES - 13 - June 10, 1986
The total cost for purchasing the hydraulic excavator is
$120,568. Funds are available in the FY 1985-86 budget in the
Sewer Service Fund (220-2200-5565).
18. REPORT CONSIDERATION OF PROPOSAL TO ADD TWO 9 SQ.
FT. SIGN PANELS TO THE EXISTING "MEDICAL
CENTER" OFF-SITE DIRECTIONAL SIGN LOCATED
AT THE SOUTHWEST CORNER OF TELEGRAPH
CANYON ROAD AND MEDICAL CENTER DRIVE
(Continued from June 3, 1986)(Director of
Planning)
Pulled from Consent Calendar.
19. REPORT SUMMER CHILDREN'S NUTRITION PROGRAM
(Director of Parks & Recreation)
Pulled from Consent Calendar.
20. REPORT ON APPLICATION FOR CALIFORNIA LIBRARY
SERVICE ACT GRANT FUNDS FOR LITERARY
SERVICE IN CHULA VISTA (Library Director)
In order to meet time deadlines, the Chula Vista Public Library
has filed an application for grant funds in the amount of ~110,
500 to provide financial assistance in establishing adult literacy
services in Chula Vista.
The specially earmarked funds, if granted, would be used to
develop literacy awareness and maintain an office in Chula Vista
which will recruit and train volunteer tutors to reduce the number
of illiterate adults in Chula Vista. The program will provide
English language literacy services to adults who ordinarily speak
English in daily life. It is the Library's intent to contract for
a Chula Vista based adult literacy program with Project
READ-National City Public Library.
It was recommended Council accept grant funds if awarded.
21. REPORT RESCINDING CITY COUNCIL'S MOTION TO
CONDUCT A HEARING ON THE REVERSION TO
ACREAGE OF VILLA SAN MIGUEL (City Attorney)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
8. RESOLUTION 12522 ESTABLISHING GREENS FEES AT CHULA VISTA
GOLF COURSE (Director of Parks &
Recreation)
MINUTES - 14 June 10, 1986
American Golf Corporation requested a greens fees adjustment for
the Chula Vista Golf Course as provided in the lease agreement
with the City of Chula Vista. The Lease Agreement requires the
Lessee to notify the City in writing of its desire to change fees
not less than sixty (60) days prior to the date that the new fees
are to go into effect. The lease agreement states "City shall
have the right to approve the green fees charged by lessee. It is
the City's intention that such green fees may be comparable to
those charged by other comparable public golf courses in San Diego
County for similar services." In addition, greens fees may not be
adjusted more than once every lease year. The effective date of
the increase would be July 1, 1986.
The lease agreement with American Golf Corporation requires them
to pay the City a minimum annual guarantee or a percentage of the
annual gross receipts derived from the operation of the golf
course and driving range during the term, whichever amount is
greater. Therefore, the increase in green fees will generate
approximately $11,600 additional revenue for the City.
The Parks and Recreation Commission reviewed the requested rate
adjustment on May 22, 1986, and voted 4-0 to not consider a greens
fees increase at this time but would re-examine a new proposal
containing a resident fee discount in six months.
Director of Parks & Recreation Mollinedo stated the resolution
should be corrected to reflect $8 for adult greens fees use
(Monday-Friday) instead of ~7. In addition, he referred to a memo
dated June 10, 1986, from the Assistant City Manager with
corrections regarding senior pass usage.
The following individuals opposed the fee increase: Bob Strahl,
1428 Ridgeback Road, Chula Vista, representing the Chula Vista
Parks & Recreation Commission; Fred Ferguson, 214 Camino Elevado,
Bonita 92002, representing the Board of Directors of the Chula
Vista Golf Club; Clay Gingerich, 768 Riverlawn Avenue, Chula
Vista; Cliff Roland, 1100 Industrial Boulevard, Chula Vista.
Their concerns involved: the Parks & Recreation Commission's
action regarding this item, noting American submitted two fees
increase requests which were rejected twice by the Commission;
American Golf provides no other "breaks" to residents, except for
seniors; Commission thought there would be only increase in a
given lease year; Commission probably would not have supported the
original greens fee increase if it was known another increase
would be sought so soon; the fees had not been sought originally
because of the condition of the course; increase should be
effective beginning November 1, 1986; suggested adhering to the
agreement for one fee increase per year; American Golf has a
vendetta against seniors; imprudent for City Council to consider a
fee increase this soon; commended American Golf for improvements
to the course; not opposed to justified increases; suggested
retaining non-resident fee; senior golfers have no status and are
placed on a standby system for using greens; suggested
non-resident fees be raised $2.
MINUTES - 15 June 10, 1986
In answer to Councilman Malcolm's question, Sandy Burns,
representing American Golf, explained senior citizens would be
placed on the same reservations system as other golfers and still
retain the reduced fees. However, the non-resident fees are being
discontinued as they tend to have a negative impression and is
hard to administer.
Council discussion followed regarding the golf course bonds are
being paid off by the golfers; requested commitment from American
Golf for a one-year fee increase; American Golf agreed to the
increase if present request is granted; suggested the effective
date for a fee increase be November 1, 1986.
In response to the latter concern, Mr. Burns offered a compromise
that the existing ~35 per month greens fee be reduced to $30 per
month and have the seniors pay an additional ~1 for each play, or
pay ~4 in order to have the same services as other players.
American Golf would also agree to make rate increase effective
August 1, 1986, instead of July 1, 1986.
MSUC (Malcolm/Campbell) to amend the resolution making the
effective date August 1, 1986 (for fees increase), and include the
compromise recommended by American Golf as an option (regarding
senior rates).
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, as amended, the reading
of the text was waived by unanimous consent, passed and approved
unanimously.
It was recommended American Golf also provide the City with an
annual report on its operations.
9a. RESOLUTION APPROVING LEASE AGREEMENT WITH AMERICAN
GOLF CORPORATION FOR THE MAINTENANCE AND
OPERATION OF THE RESTAURANT AND BAR
PREMISES AT THE CHULA VISTA MUNICIPAL GOLF
COURSE AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Assistant City
Manager)
b. RESOLUTION APPROVING AMENDMENT #1 OF THE LEASE
BETWEEN THE CITY OF CHULA VISTA AND
AMERICAN GOLF CORPORATION FOR OPERATION OF
A PUBLIC GOLF COURSE AND DRIVING RANGE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT ON BEHALF OF THE CITY (Assistant
City Manager)
In his written report to Council, Assistant City Manager Asmus
explained on October 15, 1984, the City Council approved a
multi-year lease agreement between the City and American Golf
Corporation for the operation of the Chula Vista Municipal Golf
Course. The initial term of that agreement was for three years
with an option to extend for one additional two-year period, and
three five-year periods -- a total of twenty (20) years.
MINUTES - 16 - June 10, 1986
On April 27, 1985, the City Council entered into an interim lease
agreement, also with American Golf Corporation, for the operation
of the City-owned restaurant facility until such time as a
permanent lessee could be chosen through appropriate bid
procedures. Following a lengthy process of soliciting proposals,
American Golf Corporation was selected as the preferred operator
of ~he restaurant facility. Subsequently, the process of
developing a permanent long-term lease agreement was undertaken.
During negotiations, certain amendments to the October 1984 golf
course lease were proposed by American Golf as trade-offs for
their commitment to participate in substantial modifications to
the golf course parking lot and more favorable rent structure from
the City's perspective. As a result, the amended golf course
lease and the new multi-year restaurant lease should be considered
together because, if for any reason, both leases are not approved,
neither should be a'cted upon at this time.
In response to Councilman Malcolm's comment, Assistant City
Manager Asmus stated a number of changes were proposed to the
lease by outside counsel; however, those pertaining to restaurant
improvements and insurance coverage definition were the only two
highlighted in staff's report.
Discussion followed concerning the 40-year lease; not happy with
leasing income on the restaurant; suggested during three-year
lease, lease not be altered again; consider something between
three and five years from this year before another extension for
either operation is considered; as part of modification to lease,
American Golf should include a commitment to provide major
modifications to the parking area; American Golf should spell out
in the agreement its intention for restaurant improvements;
40-year lease is too long.
Mike Hobbs, representing American Golf, 641 No. Sepulveda Avenue,
Los Angeles, stated part of the initial negotiations for the golf
course was to include the restaurant; however, American Golf has
lost over $200,000 since taking over management of the restaurant.
Council discussion followed concerning the need for a workshop
session to provide guidelines relative to issues discussed tonight.
MSUC (Cox/Moore) to form a Council subcommittee of Councilmen
Malcolm and Campbell to work with American Golf and come back with
some recommendations in two weeks.
18. REPORT CONSIDERATION OF PROPOSAL TO ADD TWO 9 SQ.
FT. SIGN PANELS TO THE EXISTING wMEDICAL
CENTER" OFF-SITE DIRECTIONAL SIGN LOCATED
AT THE SOUTHWEST CORNER OF TELEGRAPH
CANYON ROAD AND MEDICAL CENTER DRIVE
(Continued from June 3, 1986)(Director of
Planning)
MINUTES - 17 - June 10, 1986
Separate requests have been received to authorize two additional
sign panels on the existing Medical Center off-site directional
sign located within the public right-of-way at the southwest
corner of Telegraph Canyon Road and Medical Center Drive. The
panels would each be 9 square feet and identify the "Birch-Patrick
Convalescent Center" and "Scripps Clinic." The total sign area
would increase from 148.5 square feet to 166.5 square feet.
It was recommended Council deny the requests.
(This item was continued to June 17, 1986.)
19. REPORT SUMMER CHILDREN'S NUTRITION PROGRAM
(Director of Parks & Recreation)
The Parks and Recreation Department has been in contact with the
U.S. Department of Agriculture to provide a Summer Children's
Nutrition Program at five (5) eligible sites during the summer
playground program. The Summer Nutrition Program provides meals
to economically deprived children in the community during the
summer when the regular school programs are not in operation.
It was recommended Council approve the 1986 Summer Children's
Nutrition Program, and authorize Department of Agriculture to
conduct the bid process for the preparation of the meals.
Councilman Malcolm expressed concern with giving away food without
proof of need.
Penny Allen, representing the Chula Vista City Schools Board of
Education, stated applications are completed indicating income but
are not verified.
MSC (Cox/Campbell) to accept the report (Councilman Malcolm
opposed).
21. REPORT RESCINDING CITY COUNCIL'S MOTION TO
CONDUCT A HEARING ON THE REVERSION TO
ACREAGE OF VILLA SAN MIGUEL (City Attorney)
At its April 22, 1986 meeting, Council directed staff to research
the question of reversion to acreage and to set a public hearing
on this matter with regard to the Villa San Miguel Subdivision.
There is currently litigation between two neighboring property
owners, Mr. Ferreira and the Percova Company. Mr. Ferreira has
filed a claim against the City related to this matter which is a
necessary condition precedent to filing a lawsuit. Pursuant to
the discussion of this matter in closed session, the City Attorney
recommended the matter be tabled until pending litigation is
resolved.
(This item was continued to June 24, 1986.)
MINUTES - 18 - June 10, 1986
22. REPORT OF THE CITY MANAGER - None.
23. MAYOR'S REPORT
a. Mayor Cox requested in order to allow the Mobilehome Issues
Committee more time to consider the ordinance pertaining to
mobilehome parks rent mediation, the June 17 public hearing on
this subject be continued.
MSUC (Cox/Campbell) to continue this item to the first meeting in
July (July 8 at 7 p.m.).
b. The Mayor commended the Parks & Recreation staff for their
summer program schedule brochure but suggested City-sponsored
functions also be listed (i.e., summer Pops concert, fireworks
display, salsa festival).
24. COUNCIL COMMENTS
a. MSUC (Moore/Malcolm) to Oppose AB 2752 (Bronzan)(group health
insurance plans).
b. Councilman Moore noted heavy trucks are still using Corte
Maria. Councilman Campbell added he could not find any
breakage in that area by heavy trucks as reported last week.
c. MSC (Cox/Moore) at the conclusion of the Redevelopment Agency
meeting (following this meeting), hold a brief Closed Session
for purposes of personnel and discussions on the Section 404
permit (Councilman Malcolm opposed).
The City Council meeting recessed at 10:05 p.m. to the
Redevelopment Agency meeting and reconvened at 10:35 p.m. to
Closed Session.
ADJOURNMENT AT 10:38 p.m. to the meeting of Tuesday, June 17,
1986, at 6 p.m.
~ M. Fdlasz, CM~ ~ Adele A. m
,City Clerk Deputy City Clerk
0811C/as