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HomeMy WebLinkAboutcc min 1986/07/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, July 8, 1986 Council Chamber 7:10 p.m. (Regular Business Meeting) Public Services Building Closed Session (for matters of "Meet & Confer") (6:30-7:10 p.m.) ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Moore, Campbell, McCandliss MEMBERS ABSENT: Councilman Malcolm 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 meetings of June 17 (7:00 p.m.), 19, 24, and 26, 1986 Councilwoman McCandliss referred to page. 4 of the minutes of the June 26 Joint City Council/Redevelopment Agency meeting. The last paragraph should be revised to read: " She recounted rhetoric of the preceding few days and then recounted events after the first of the year " Mayor Cox questioned page 3 of the June 17 Council minutes regarding comments on the Bonita/Sunnyside Fire Protection District agreement. The reference that this agreement included former Montgomery residents should be deleted. MSUC (Campbell/Moore) to approve the minutes as corrected. 2. SPECIAL ORDERS OF THE DAY None. 3. WRITTEN COMMUNICATIONS a. CLAIMS AGAINST THE CITY Claimant No. 1 & 2: Nelson & Sloan P & S Conspiracy c/o Bacalski & Lincoln c/o Russell B. Wagner 225 Broadway, Suite 1150 1010 2nd Ave., Ste. 2400 San Diego, CA 92101 San Diego, CA 92101 MINUTES - 2 - JUly 8, 1986 Nelson & Sloan and P & S Conspiracy, through their attorneys, filed claims for indemnity and contribution against the City in connection with the lawsuit alleging the condition of the roadway caused a two vehicle collision on March 8, 1983 in the 3600 block of Main Street which resulted in severe injuries to the driver and passenger and the death of a child. Claimant No. 3 & 4: Antonio Gomez, Luis Ferreras c/o Richard N. Appleton, Esq. 1110 Bank of California Plaza 110 West A Street San Diego, CA 92101-3780 Amended Claims were received on behalf of Antonio Gomez in the amount of $3,250,000 and Luis Ferreras in the amount of $21,400 for alleged loss or destruction of evidence by the Police Department uncovered during the discovery phase of the lawsuit filed by claimants against Chula Vista. The original claims resulted from a traffic accident on November 25, 1984 wherein the City was named for alleged failure to control, maintain and design the subject section of Otay Lakes Road, creating a dangerous condition. Claimant No. 5: Richard Tudor Roberts, III& Joyce Concepcion Roberts c/o Robert D. Deems 1007 Fifth Avenue, Suite 1024 San Diego, CA 920101 An Amended Claim was filed claiming damages of $5,000 in connection with an accident sustained by claimants' minor child, specifying the location where the child allegedly fell into an opening in the public sidewalk due to a missing "manhole cover." MSUC (McCandliss/Campbell) reject the claims. b. REQUEST FOR SUPPORT OF AB 3286 - Thomas J. McMurray, Jr. Councilman Fifth Ward, Chairman, Humboldt Bay Wastewater Authority, 531 "K" Street, Eureka, CA 95501-1165 This bill requires the State of California to forgive the balance of a loan granted to the Humboldt Bay Wastewater Authority City of Eureka for construction of a regional wastewater treatment facility, which was never built. MSUC (Moore/McCandliss) that this letter be received and filed. MINUTES - 3 - July 8, 1986 c. REQUEST FOR ACCIDENT/INJURY REPORTS AT HILLTOP DRIVE AND REINSTRA AVENUE - V. L. Pendergraft, One Kingswood Drive, Chula Vista 92011 Mr. Pendergraft requested stop signs northbound and southbound at crosswalks on Hilltop at Rienstra for the safety of school children. City Manager Goss recommended this request be referred to staff and the Safety Commission inasmuch as a recommendation will be forthcoming to the City Council this month regarding a proposal to install left-turn pockets at this intersection. MS (Moore/Campbell) refer to staff and the Safety Commission. V. L. Pendergraft, One Kingswood Drive, Chula Vista 92011, noted staff's recommendation on this item is the same as last year's; some motorists travel 60 mph in this area; many traffic accidents; location of schools to this area; no crosswalks between Quintard and Orange. Mr. Pendergraft was informed the City has approved a signalized intersection at Hilltop and Quintard this fiscal year. Director of Public Works/City Engineer Lippitt stated in addition to the requested accident reports for this area, staff's report to Council will include the Safety Commission's input. The motion to refer to staff passed unanimously. d. REQUEST FOR REDUCTION OF DEVELOPERS' FEES - Don Lindberg, Attorney at Law, 4201 Bonita Road #245, Bonita, CA 92002 The City Council last considered this issue on May 6, 1986, when Mr. Lindberg urged the City Council to revert to the SB201 program unless other cities collect fees equal to or more than Chula Vista's. As indicated in Mr. Lindberg's letter, National City and San Diego have instituted developer fees (Imperial Beach has not) but not at Chula Vista rates. City Manager Goss recommended this letter be referred and considered at the 7/9/86 Joint City/School Districts meeting. Mr. Lindberg discussed his client's (developer) experience in paying the school fees in another city. The homeowners experienced a "windfall" but the developer suffered a marketing lOSS when the fees were raised. He requested Council consider this and other variables when they meet with the school boards tomorrow. MSUC (McCandliss/Campbell) accept staff recommendation and refer this to the Joint City/School Boards meeting(July 9 at 4 p.m.). MINUTES - 4 - July 8, 1986 e. CONCERN REGARDING BOWLING ALLEY SITE NEXT TO CHULA VISTA MUNICIPAL GOLF COURSE - Frank Scott, Chairman, Crossroads, 803 Vista Way, Chula Vista 92010 Crossroads opposes the location of the bowling alley next to the golf course on Bonita Road indicating that the current parking study should be completed and a more appropriate use be made of this property. MSUC (McCandliss/Moore) that this letter be noted and filed. f. REQUEST FOR REIMBURSEMENT FOR SEWER HOOK-UP FEES - Mr. & Mrs. Peter Stuart, 215 Chula Vista Street, Chula Vista 92010 Mr. and Mrs. Stuart request reimbursement for sewer hook-up fees they have been charged for the last six years. (They have received a reimbursement check for 90 days back payment.) The City Manager recommended this letter be acknowledged and the request be denied based on Ordinance 1774 adopted in 1977 which prohibits refunds for periods in excess of 90 days. MSUC (Moore/Cox) acknowledge and deny per Ordinance 1774. g. REQUEST TO SUPPORT PROPOSED COMPROMISED BUENA VISTA CONNECTOR - Warren A. Nielsen, 3885 Birch Street, #2, San Diego, CA 92113 Mr. Nielsen proposed a compromise connector design which would: squeeze the connector down from six lanes to only 4 lanes~ push it over to the side of the corridor; and, elevate it as a bridge connector across the gap between R-805 and I-5/I-15. The City Manager recommended this request be acknowledged and filed. MSUC (Moore/McCandliss) forward this item to City of National City, Supervisor Bilbray, and CalTrans (regional and state offices). PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING BAY BOULEVARD STREET LIGHTING & LANDSCAPING MAINTENANCE DISTRICT 1986-87 (Director of Public Works/City Engineer) RESOLUTION 12561 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED JUNE 5, 1986 PREPARED PURSUANT TO RESOLUTION NO. 19489 APPROVED PURSUANT TO RESOLUTION NO. 12512 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT: ORDERING CERTAIN STREET LIGHTING MINUTES - 5 - July 8, 1986 FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1986; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1986 THROUGH JUNE 30 , 1987 - CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1986-87 This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Public Works/City Engineer Lippitt reported the Bay Boulevard Street Llghting and Landscape Maintenance District was formed in 1982 after street lighting and landscaping improvements were made along Bay Boulevard between "E" and "F" Streets. Since that time, the Bayfront Park has been completed and the maintenance costs are included in the proposed assessments. No written protests have been received as of this date. There are four properties within this district. Three are developed (Anthony's, Days Inn, and E1 Torito). The assessments for FY 86-87 are proposed to increase about 7% on all four properties. There being no public testimony either for or against, the public hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 5. PUBLIC HEARING TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT 1986-87 (Director of Public Works/City Engineer) RESOLUTION 12562 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED JUNE 5, 1986 PREPARED PURSUANT TO RESOLUTION NO. 12490 APPROVED PURSUANT TO RESOLUTION NO. 12513 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT: ORDERING 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 FOR THE FISCAL YEAR BEGINNING JULY 1, 1986; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1 , 1986 THROUGH JUNE 30, 1987 - CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1986-87 MINUTES 6 - July 8, 1986 This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Public Works/City Engineer Lippitt reported the Town Centre No. 1 Street Lighting and Landscape Maintenance District was formed in 1980 after improvements were made along Third Avenue between "E" and "F" Streets. Since then the improvements have been extended south of "G" Street and westerly from Third Avenue on the south side of "F" Street. The district boundary was adjusted to include three properties on the south side of "F" Street between Third Avenue and Garrett Avenue last year. Several properties on the south side of "F" Street, west of Third Avenue were included within this district beginning in FY 1984-85. Similar improvements to those on Third Avenue were installed on the south side of "F" Street between Third Avenue and Garrett Avenue as those properties developed. Copies of the breakdown of proposed assessments in the area representing a 2% increase were distributed It was moved by Councilman Campbell to defer this item for one week pending additional information. The motion died for lack of a second. Discussion ensued regarding justification for the 18% increase in contractual services; calculation of annual assessments; increase based on activity in downtown area and Zogob development; suggestion to continue item for two weeks. RESOLUTION OFFERED BY COUNCILMAN CAMPBELL, the reading of the text was waived by unanimous consent. In response to Councilwoman McCandliss' question, Director Lippitt explained property owners are notified of annual assessments but the breakdown of these assessments are provided upon request only. Councilman Moore proposed these property owners should be notified in the same manner as those in open space districts. The resolution passed with Councilman Moore opposed. MSUC (Moore/McCandliss) prior to being on the budget, the total cost of the maintenance district showing the difference (past, present and future) for three years, be mailed to the property owners and the cost be absorbed by the maintenance district. 6. PUBLIC HEARING TO CONSIDER VACATING A PORTION OF THE PUBLIC ALLEY NORTH OF PALOMAR STREET BETWEEN TRENTON AVENUE AND INDUSTRIAL BOULEVARD (Director of Public Works/City Engineer) MINUTES - 7 - July 8, 1986 RESOLUTION 12563 ORDERING THE VACATION OF A PORTION OF PUBLIC ALLEY NORTH OF PALOMAR STREET ~'~ BETWEEN TRENTON AVENUE AND INDUSTRIAL BOULEVARD This being the time and place as advertised, Mayor Cox declared the public hearing open. The lessees of the San Diego Gas and Electric Co. (SDG&E) property between Industrial Blvd. and I-5 freeway north of Palomar Street have made application to the City for vacation of that portion of a public alley lying within the property. They propose to expand their R.V. storage facility now operating on the westerly portion of the property. The 20-foot wide public alley was dedicated on the subdivision map of Harborside Unit No. 1 (Map No. 2119, recorded in 1928). Director of Public Works/City Engineer Lippitt remarked all other utility companies have been contacted and they have responded with no objections with the exception of the Sweetwater Authority. It maintains a water main traversing the property and crossing the north end of the subject portion of the alley. An easement for those facilities is being reserved from the vacation; therefore, the resolution should be modified to reflect this. There being no public testimony either for or against, the public hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, as amended, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. PUBLIC HEARING REQUEST FOR WAIVER OF UNDERGROUNDING EXISTING OVERHEAD TRANSMISSION LINES THROUGH THE PROPERTY AT 612 PASEO DEL REY (Continued from' meeting of June 24, 1986) (Director of Public Works/City Engineer) This being the time and place as advertised, Mayor Cox declared the public hearing open. In his written report, Director of Public Works/City Engineer Lippitt stated the owner at 612 Paseo del Rey has applied for a building permit for a Day Care Center. The City Code requires that all structures and buildings being constructed within the exterior boundary lines of such property, shall have all electrical, distribution service wires and/or cables placed underground. The owner has requested a waiver of the undergrounding requirements. MINUTES - 8 - July 8, 1986 The recommendation was: · 1. A deferral rather than a waiver be approved. 2. The applicant shall enter into an agreement with the City, wherein he agrees to waive the right to protest the formation of any future undergrounding district and to participate in the district in the event such formation occurs. Director Lippitt reported cost information is necessary to determine sharing the cost; mechanism should be devised for future costs to the Church; SDG&E can provide a firm cost estimate by July 22 (approximate cost is $44,000); need to obtain easement from the Church; noted further delays would affect escrow closing date; recommended public hearing be continued two weeks to obtain cost information. William Sharp, 7636 Miramar Road, representing Douglas Barnhart, Inc./Children's World, stated Utility Specialists, Inc. has estimated costs for this project; requested Council take action on this project tonight; $11,000 from Children's World still stands. Robert Edmonds, Page Tucker & Brocks, 450 "B" Street, Ste. 1280, San Diego 92101, representing Children's World, Inc., confirmed the maximum $11,000 commitment for the project. There being no further testimony either for or against, the public hearing was closed. MS (McCandliss/Cox) bring back a resolution requiring the applicant to provide $11,000 or 25% for undergrounding, whichever is less, and have that come back rather than at this time calling for a deferral or waiver of the undergrounding requirements. Discussion followed regarding obtaining costs from SDG&E; resolution should provide assurance to church of their obligations towards the project; agreement has been approved by Council; not in Children's World ability to waive the contingencies regarding undergrounding; suggestion that City Attorney be directed to amend the agreement. The motion to adopt the resolution passed unanimously. 8. ORAL COMMUNICATIONS a. W. Scott Frazeur, 444 Anita Street, Sp. 19, Chula Vista 92011, expressed his concerns with the existing Rent Mediation Ordinance, indicating the formation of a Mobilehome Owners Project Area Committee) is being proposed. MINUTES 9 July 8, 1986 b. Warren Nielsen, 2108 Harrison Avenue, San Diego, (in reference to Item 3g), presented a proposed compromise utilizing double-development of Route 252. He requested Council's support in passing this information along to Supervisor Bilbray before the property is sold to the City of San Diego. Councilman Moore explained Council's action earlier this evening to forward Mr. Nielsen's correspondence to the appropriate entities involved in this project. He suggested since CalTrans is scheduled to take action on this subject next week, a letter from the City should be expedited. CONSENT CALENDAR (9 - 45) items 9, 10, 11, 12, 13, 15, 21, 22, 23, 25, 29, 31, 32, 33 and 45 were pulled. MSUC (Cox/McCandliss) continue items 31, 32 and 33, pertaining to potential Charter changes, to Thursday, July 10, following the Redevelopment Agency meeting at 4 p.m. MSUC (Cox/McCandliss) to approve the Consent Calendar. 9. RESOLUTION PULLED FROM AGENDA 10. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SUMMER FOOD LUNCH PROGRAM (SFLP), AND APPROVING AGREEMENT THEREFOR (Director of Parks & Recreation) Pulled from Consent Calendar. 11. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCGEE MAINTENANCE FOR SERVICE AT LAUDERBACH COMMUNITY CENTER ON A MONTH-TO-MONTH BASIS (Director of Parks & Recreation) Pulled from Consent Calendar. 12. RESOLUTION ENACTING POLICY CLARIFYING THE AUTHORITY OF THE DESIGN REVIEW COMMITTEE AS IT PERTAINS TO RESIDENTIAL DENSITY Director of Planning) Pulled from Consent Calendar. MINUTES - 10 July 8, 1986 13. RESOLUTION APPROVING TENTH .AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE "J" STREET MARINA, BAYSIDE PARK AND ADJACENT MEDIANS IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY (Director of Parks & Recreation) Pulled from Consent Calendar. 14. RESOLUTION 12564 EXTENDING CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE YOUTH COUNSELING SERVICES AND AMENDING THE EXISTING AGREEMENT (Director of Public Safety) On June 11, 1986, the Council passed Resolution No. 12047 entering into a contractual agreement with South Bay Community Services (SBCS) to provide juvenile counseling services for 1985-86. This was a one-year agreement with an option to renew for another year. The agreement calls for quarterly evaluation reports. In fiscal year 1986-87, South Bay Community Services is agreeing to provide these services for 924,970 (budgeted in Account 1050-5200 for FY 1986-87). 15. RESOLUTION APPROVING THE THIRD AMENDED UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT (Director of Public Safety) Pulled from Consent Calendar. 16. RESOLUTION 12565 APPROVING COOPERATIVE BID FOR CITY'S REQUIREMENTS FOR LIBRARY BOOKS (Director of Finance/Library Director) Council Resolution NO. 6132 authorizes the City to participate in cooperative bids with other public agencies in the State of California. Bids for the City's FY 1986-87 library book purchases were advertised via a cooperative purchasing arrangement with the City of San Diego on their Bid No. 7267. It was recommended Council award the contract to Baker & Taylor for the period July 1, 1986 through June 30, 1987. The contract provides an optional revenue clause for an additional one-year period through June 30, 1991. It is estimated $117,000 will be expended in FY 1986-87. Funds have been budgeted in the Library Department. MINUTES - 11 - JUly 8, 1986 17. RESOLUTION 12566 ACCEPTING BIDS AND AWARDING CONTRACT FOR AGGREGATE BASE (Director of Public Works/City Engineer) Bids were received on June 6, 1986, for furnishing aggregate base to the City for use during the period July 1, 1986 through June 30, 1987. The recommendation was that Council accept the bids and award the contract to Nelson & Sloan in the amount of $23,200. The FY 1985-86 price per ton was ~5.80, FY 1984-85 was $5.70, and FY 1983-84 was $5.70. Funds are provided for in the Gas Tax Fund. 18. RESOLUTION 12567 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC EMULSIONS (Director of Finance/Director of Public Works/City Engineer) Bids were received on June 6, 1986, for furnishing RS-2 asphaltic emulsions with latex to the City for .the period July 1, 1986 through September 30, 1986. The bid of Western Emulsions meets specifications and it is the recommendation of the Director of Public Works/City Engineer that the contract be awarded to this company in the amount of $48,300. Funds are provided for in the Gas Tax Fund. 19. RESOLUTION 12568 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC CONCRETE (Director of Finance/Director of Public Works/City Engineer) Bids were received on June 6, 1986, for furnishing asphaltic concrete to the City for use during the period July 1, 1986 through December 31, 1986. Bids were requested for a six-month period due to fluctuating material costs. The bid of Industrial Asphalt meets specifications and is acceptable to the Director of Public Works/City Engineer in the amount of $175,150 (low bidder) and these funds are provided for in the Gas Tax fund. 20. RESOLUTION 12569 ACCEPTING BIDS AND AWARDING CONTRACT FOR SCREENING (STONE CHIPS) (Director of Finance/Director of Public Works/City Engineer) Bids were received on June 6, 1986, for furnishing screenings (stone chips) to the City for the period July 1 through December 1, 1986. MINUTES 12 - July 8, 1986 The bid of Asphalt Inc. meets specifications and it was recommended by the Director of Public Works/City Engineer that the contract be awarded to this company in the amount of $39,750 (low bidder). The material will be used for the street chip sealing program. The estimated usage is 3,000 tons and will be delivered to the City Yard. Funds are provided for in the Gas Tax Fund. 21a.RESOLUTION ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT - NO. 85-1 (LAS FLORES DRIVE)(Director of Public Works/City Engineer) b. RESOLUTION MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT - NO. 85-1 (LAS FLORES DRIVE) c. RESOLUTION REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS - ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) Pulled from Consent Calendar. 22. RESOLUTION REJECTING BIDS FOR "J" STREET MEDIAN RECONSTRUCTION BETWEEN BROADWAY AND I-5 FREEWAY IN THE CITY OF CHULA VISTA (Director of Public Works/City Engineer) Pulled from Consent Calendar. 23. RESOLUTION REJECTING BID FOR "CONSTRUCTION OF LIBRARY WATER FEATURE IN THE CITY OF CHULA VISTA, CALIFORNIA" (Director of Public Works/City Engineer) Pulled from Consent Calendar. 24. RESOLUTION 12570 ACCEPTING BIDS AND AWARDING CONTRACT FOR SEWER LATERAL REROUTING IN THE COUNTRY CLUB AREA IN THE CITY OF CHULA VISTA, CALIFORNIA (Director of Public Works/City Engineer) On June 11, 1986, the Director of Public Works/City Engineer received sealed bids for the project which includes work consisting in general of rerouting of existing house drain lines MINUTES - 13 - July 8, 1986 and construction of new sewer laterals to front property line for 76 homes in the Country Club area of the City of Chula Vista. The rerouted sewers are to meet the newly constructed property line laterals at the street. The work also includes complete restoration of private lot, i.e., lawns, groundcovers, slabs, walls. Funds available from the following account: a. Account 600-6000-SSF02 Sewer Lateral ~270,000.00 construction/Country Club area Funds required for construction: a. Contract amount $212,167.75 b. Contingencies (approx. 10%) 21,232.25 Total funds for construction of project ~233,400.00 The recommendation was that Council accept bids and award contract to Fuller's Plumbing Service, Chula Vista, in the amount of $212,167.75 (low bidder). 25. RESOLUTION APPROVING JOINT USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS & ELECTRIC COMPANY IN CONJUNCTION WITH CHULA VISTA TRACT 84-9, EASTLAKE I, UNIT 1, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works/City Engineer) Pulled from Consent Calendar. 26. RESOLUTION 12571 ACCEPTING PUBLIC IMPROVEMENTS BONITA ROAD/"E" STREET TRAFFIC SIGNAL AND STREET IMPROVEMENTS (Director of Public Works/City Engineer) Select Electric completed the construction of traffic signals and street improvements for Bonita Road and "E" Street on June 10, 1986. A final inspection was made on June 13, 1986, and all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. The final construction cost is ~111,443.42 27. RESOLUTION 12572 CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ALONG FOURTH AVENUE (HERMOSA AVENUE) FROM ORANGE AVENUE TO MAIN STREET (Director of Public Works/City Engineer) MINUTES - 14 July 8, 1986 On June 11, 1986, an Underground Utility Advisory Committee (UUAC) meeting was held in Conference Room 3 to adopt the proposed boundaries of an underground district for converting existing overhead utilities along Fourth Avenue (Hermosa Avenue) from Orange Avenue to Main Street. This district covers a portion of Fourth Avenue which was within the Montgomery Area and under County jurisdiction prior to the annexation. The County of San Diego planned to establish this district this year. Due to the annexation, however, they agreed to transfer their allocation funds ($600,000) to Chula Vista, if the City agreed to establish the district. It was recommended Council set a public hearing to be held at 7:00 p.m. in the Council Chambers on August 12, 1986. 28. RESOLUTION 12573 ACCEPTING BIDS AND AWARDING CONTRACT FOR TREE TRIMMING SERVICE FOR FY 1986 PHASE IN THE CITY OF CHULA VISTA, CALIFORNIA (Director Of Public Works/City Engineer) On June 25, 1986, the Director of Public Works/City Engineer received sealed bids for the work to be done which consists of trimming broadleaf trees located on various streets in the City of Chula Vista. The recommendation was that the Council accept bids and award contract to Western Tree Service, Chula Vista, California in the amount of $22,374.00 (low bidder). 29. RESOLUTION ACCEPTING CONTRACT WORK, RECONSTRUCTION OF SWIMMING POOL DECK, LOMA VERDE PARK (Director of Public Works/City Engineer) Pulled from Consent Calendar. 30a.RESOLUTION 12574 APPROVING FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY TRANSIT SERVICES, INC. (CTS) FOR HANDYTRANS OPERATION 1983-85 (Director of Public Works/City Engineer) b. RESOLUTION 12575 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE ASSOCIATION FOR RETARDED CITIZENS OF SAN DIEGO (ARC) FOR TRANSPORTATION SERVICES On January 14, 1986, Council accepted a report with a staff recommendation to extend the agreement with CTS to operate HandYtrans for FY 1986-87 and FY 1987-88 (July 1, 1986 through June 30, 1988). This Fifth Amendment to the agreement between the MINUTES - 15 - July 8, 1986 City and CTS for HandYtrans operation extends the original agreement through FY 1987-88. In addition, the agreement between the City and the ARC's Starlight Center continues the coordinated service to Regional Center clients attending Starlight Center and authorizes CTS to use one Starlight Center vehicle for this service. The Fifth Amendment to the agreement between the City and CTS contains a contract cost for 1986-87 of $215,317.18 based on an hourly rate of $32.54 and 6,617 vehicle service hours; and a cost of ~228,286.50 for 1987-88 based upon an hourly rate of $34.50 and 6,617 vehicle service hours. 31. RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER CERTAIN SPECIFIED SERVICES TO THE CITY OF CHULA VISTA IN CONNECTION WITH THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 1986 TO BE HELD IN THE CITY OF CHULA VISTA (City Clerk) Pulled from Consent Calendar. 32. REPORT RECOMMENDATIONS OF CHARTER REVIEW COMMITTEE WITH REGARD TO AMENDMENTS TO THE CHARTER TO BE PLACED ON THE BALLOT AT THE NOVEMBER 4, 1986 ELECTION (City Attorney) Pulled from Consent Calendar. 33. RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1986 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF CHULA VISTA A VOTE ON THE OFFICE OF MAYOR AND THE OFFICE OF THE CITY COUNCIL, SEAT NO. 3, A NUMBER OF PROPOSITIONS AMENDING THE CHARTER OF THE CITY OF CHULA VISTA AND CONSOLIDATING SAID ELECTION WITH THE GENERAL ELECTION TO BE HELD ON THE SAME DATE (City Clerk) Pulled from Consent Calendar. 34. RESOLUTION 12576 APPOINTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN DIEGO DEPUTY CITY CLERK OF THE CITY OF CHULA VISTA TO FACILITATE THE EXECUTION OF DOCUMENTS PERTAINING TO THE CONSOLIDATED MUNICIPAL AND GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 1986 (City Clerk) MINUTES - 16 - July 8, 1986 This routine resolution permits the expeditious handling of the numerous documents which must be printed and mailed to all registered voters 35. RESOLUTION 12577 ADOPTING REGULATIONS FOR CANDIDATES FOR THE CONSOLIDATED MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 1986 PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE (City Clerk) The City Clerk will bill the candidates for their Candidates' Statements when she receives the invoice from the Registrar of Voters. Because of the length of the ballot and the number of cities consolidating with this General Election, the Registrar of Voters has asked that all Candidates' Statements be limited to 200 words. The Registrar's office no longer publishes Spanish language sample ballots. They do publish a Countywide pamphlet of all propositions and any paid candidates' statements. Any candidate who wishes to have a statement included .in this pamphlet must pay a translation fee of $75 in addition to the regular cost for English. This pamphlet will be available at the office of the City Clerk and at all polling places and sent to any voter upon request. 36. RESOLUTION 12578 AUTHORIZING THE CITY ATTORNEY TO FILE A WRITTEN ARGUMENT REGARDING THE CITY PROPOSITIONS (City Clerk) The City Council has directed that certain propositions amending the City Charter be placed on the November 4, 1986 election. Arguments in favor of the propositions along with the City Attorney's analysis will be printed in the sample ballot brochures. The notice will be published on Thursday, August 7, 1986 with a notice of the deadline for submission of arguments to be August 25, 1986. Following this deadline, the City Clerk must make available for a 10-day period all measures, analyses and arguments for public examination. 37. RESOLUTION 12579 ORDERING THE CANVASS OF THE CONSOLIDATED MUNICIPAL AND GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986 TO BE MADE BY THE CITY CLERK (City Clerk) Section 17088 of the Elections Code states that the City Clerk shall prepare a certified statement of the results of the election and submit it to the governing body within 28 days of the election. MINUTES 17 - July 8, 1986 If there is no question as to the winner of the election--either for the office of Mayor or City Council Seat No. 3--(and with the concurrence of the City Attorney), the candidates can be sworn into office the Tuesday following the election based on the semi-official results. 38. ORDINANCE 2154 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE PREZONING APPROXIMATELY 45.75 ACRES AS "F-l" (FLOODWAY ZONE) AND "A-8" AGRICULTURAL ZONE) - SECOND READING AND ADOPTION (Director of Planning) The ordinance was placed on first reading at the meeting of June 24, 1986. 39. ORDINANCE 2155 AMENDING SECTIONS 15.08.010 THROUGH 15.08.180 OF CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM BUILDING CODE, 1985 EDITION, AND ADDING SECTION 15.08.200 - SECOND READING AND ADOPTION (Director of Building & Housing) The ordinance was placed on first reading at the meeting of June 24, 1986. 40. ORDINANCE 2156 AMENDING SECTION 15.28.010 OF CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE ADOPTION OF THE UNIFORM PLUMBING CODE, 1985 EDITION - SECOND READING AND ADOPTION (Director of Building & Housing. The ordinance was placed on first reading at the meeting of June 24, 1986. 41. ORDINANCE 2157 AMENDING SECTIONS 15.16.010, 15.16.020, 15.16.030 OF CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO THE ADOPTION OF THE UNIFORM MECHANICAL CODE, 1985 EDITION AND APPENDIX A, CHAPTER 22 OF APPENDIX B AND APPENDIX C - SECOND READING & ADOPTION (Director of Building & Housing) The ordinance was placed on first reading at the meeting of June 24, 1986. MINUTES - 18 - July 8, 1986 42. ORDINANCE 2158 REPEALING EXISTING SECTIONS 15.24.010 THROUGH 15.24.330 AND ADOPTING NEW SECTIONS 15.24.010 THROUGH 15.24.090 OF CHAPTER 15.24 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1984 EDITION - SECOND READING AND ADOPTION (Director of Building & Housing) The ordinance was placed on first reading at the meeting of June 24, 1986. 43. ORDINANCE 2159 AMENDING SECTION 15.20.010 OF CHAPTER 15.20 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO THE ADOPTION OF THE UNIFORM HOUSING CODE, 1985 EDITION SECOND READING AND ADOPTION (Director of Building & Housing) The ordinance was placed on first reading at the meeting of June 24, 1986. 44. ORDINANCE 2160 AMENDING SEVERAL SECTIONS OF THE ZONING ORDINANCE REGULATING SATELLITE DISH ANTENNAS - SECOND READING AND ADOPTION (Director of Planning) This ordinance clarifies the non-conforming status of dishes by stating that replacement of one dish with another means the new dish falls under the present zoning provisions. Second, if for any reason a dish has to be removed from a roof for, say, repair of the dish or the roof, an individual has 60 days to re-erect the dish to retain the non-conforming status associated therewith. The ordinance was placed on first reading at the meeting of June 24, 1986. 45. REPORT REQUEST BY CHULA VISTA POP WARNER TO CONDUCT A FUND RAISER AT LAUDERBACH COMMUNITY CENTER (Director of Parks & Recreation) Pulled from Consent Calendar. END OF CONSENT CALENDAR 10. RESOLUTION 12580 ACCEPTING BIDS AND AWARDING CONTRACT FOR SUMMER FOOD LUNCH PROGRAM (SFLP), AND APPROVING AGREEMENT THEREFOR (Director of Parks & Recreation) MINUTES - 19 July 8, 1986 On June 23, 1986, the Recreation Superintendent received sealed bids for the "Summer Food Lunch Program" for playground recreation program at eligible sites. The agreement requires the contractor to provide lunches daily (Monday through Friday) at eligible after-school recreation playground sites. The recommendation was that Council accept bids and award contract to Girls Club of San Diego, Inc. in the amount of ~10,672 (low bidder) in order to provide approximately 5,280 meals. In response to Councilwoman McCandliss' question, Director of Parks & Recreation Mollinedo stated the USDA has highly recommended this program; ll-day elementary school food menu will be provided; meals will be served in a designated area with no food to be consumed off the premises; uneaten food will be stored in a separate bin and destroyed. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 11. RESOLUTION 12581 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCGEE MAINTENANCE FOR SERVICE AT LAUDERBACH COMMUNITY CENTER ON A MONTH-TO-MONTH BASIS (Director of Parks & Recreation) The existing custodial maintenance contract at Lauderbach Community Center with McGee Maintenance expired on June 30, 1986. A new agreement with McGee Maintenance was negotiated 'and will cost $675 a month. It was recommended Council approve a month-to-month agreement with McGee Maintenance until the Parks & Recreation Department solicits Request for Proposal from other custodial service companies. In response to Councilman Campbell's concerns, Director Mollinedo explained the proposal is to continue the existing contract with Mr. McGee and at the same time go out to bid to determine the market on these services. The contractor feels the 34% increase in the contract price is justified since he does not receive as many nightly contracting service requests from large reservation groups. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved (Councilman Campbell opposed). 12. RESOLUTION 12582 ENACTING POLICY CLARIFYING THE AUTHORITY OF THE DESIGN REVIEW COMMITTEE AS IT PERTAINS TO RESIDENTIAL DENSITY (Director of Planning) MINUTES 20 - July 8, 1986 The City Council suggested that the Design Review Committee should not feel pressured to approve designs, particularly for high density projects, that do not fit with the project site and the environs. The proposed policy is intended to give the committee flexibility in that regard. Projects would still fit within the density ranges specified on the Chula Vista General Plan; however, in some cases they would be at less than the maximum authorized by the zoning classifications. In response to Councilman Campbell's question, Planning Director Krempl noted the Design Review Committee is an advisory body to the City Council. Appeals from this Committee are made to the Planning Commission and then to the City Council. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. RESOLUTION 12583 APPROVING TENTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE "J" STREET MARINA, BAYSIDE PARK AND ADJACENT MEDIANS IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY (Director of Parks & Recreation) The budget estimated for the maintenance of Bayside Park, landscaped medians, and "J" Street Marina for FY 1986-87 is $125,123. The agreement will cover a 12-month period, July 1, 1986 through June 30, 1987, and will be amended for salary adjustments when an MOU is agreed upon by the City and Chula Vista Employees Association. The Agreement provides for payment by the San Diego Unified Port District for all City maintenance expenses in the amount of $31,280.75 for each quarter of FY 1986-87. Mayor Cox asked if staff contemplates further amendments to the agreement for the Bayside Park extension and the sand beach. In response Director Mollinedo remarked the Port District will prepare an agreement for maintenance of the property until it is ready to be turned over to the City in the next fiscal year. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION 12584 APPROVING THE THIRD AMENDED UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT (Director of Public Safety) MINUTES - 21 - July 8, 1986 The Unified Disaster Council provides coordinated planning and programs for the preservation and safety of life and property, makes provisions for the execution of plans and programs in the event of an emergency/disaster and provides for mutual assistance in the event of such emergencies or disasters. The Unified Disaster Council operates under the auspices of a Joint Powers Agreement which is now requesting an amendment to include the Hazardous Materials Emergency Response Program. On April 25, 1986, the Unified Disaster Council approved this third amended agreement. The Hazardous Materials Emergency Response Program will commence shortly after July 1, 1986. Funds are budgeted in the Police Department to fund this program. In response to Councilwoman McCandliss' concern, Director of Public Safety Winters explained the changes to this agreement are basically to establish operational and funding requirements for this program. Councilwoman McCandliss also questioned the appeal process of the Unified Disaster Council pointing out that the City should maintain some kind of control. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 21a.RESOLUTION 12585 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE)(Director of Public Works/City Engineer) b. RESOLUTION 12586 MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT - NO. 85-1 (LAS FLORES DRIVE) c. RESOLUTION 12587 REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) Over the past several years, staff has been working with the property owners north of "D" Street between Second Avenue and Minot Avenue for the formation of an assessment district to construct Las Flores Drive and related street improvements (i.e., storm drain, curb, gutter, sidewalk, utilities, etc.). In answer to councilwoman McCandliss' question, Director Lippitt explained before staff can proceed with advertising the bids for construction of Las Flores Drive between Second Avenue and Minot Avenue north of "D" Street, several procedural matters need to be accomplished for the formation of the assessment district as noted in the three resolutions. MINUTES - 22 July 8, 1986 RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts was waived by unanimous consent, passed and approved unanimously. 22. RESOLUTION 12588 REJECTING BIDS FOR "J" STREET MEDIAN RECONSTRUCTION BETWEEN BROADWAY AND I-5 FREEWAY IN THE CITY OF CHULA VISTA (Director of Public Works/City Engineer) On June 11, 1986 sealed bids were received for the project which was included in the 1983-84 and the 1984-85 budgets. The work includes demolition, salvage, irrigation and planting, and concrete flatwork in the existing median island between Broadway and i-5 Freeway. The low bid by Silver Strand Masonry and Cement Contractors was below the Engineer's estimate of $74,500 by $12,064.30 or 16.2%; however, Silver Strand Masonry and Cement Contractors have reviewed their bid and are asking that their bid be withdrawn due to an error in the bid price. It is their contention that the price for PCC pavement should have been $39,550.40 instead of the bid price of ~16,311. Staff believes Silver Strand Masonry and Cement Contractors did in fact make an error in preparing their bid and recommended all bids be rejected because the second low bid far exceeds staff's estimate for performing the work. The rejection of all bids would release Silver Strand Masonry and Cement Contractors of their bid bond. Staff proposed to immediately rebid the project again. Mayor Cox asked if the City could renegotiate with the low bidder rather than going through the bid process one more time. In response, City Attorney Harron noted the City is allowed to waive minor errors in the bid process, but a $23,000 error would be difficult to justify. MS (Campbell/Cox) accept staff's recommendation and reject all bids--go out to bid again. Mayor Cox suggested staff prepare prototypes for redesign of median islands throughout the City in order to provide continuity. The motion to accept staff's recommendation passed unanimously. 23. RESOLUTION 12589 REJECTING BID FOR "CONSTRUCTION OF LIBRARY WATER FEATURE IN THE CITY OF CHULA VISTA, CALIFORNIA" (Director Of Public Works/City Engineer) On June 25, 1986, the City Engineer received the sealed bids for the work which includes excavation and grading, construction of equipment vault, water feature, concrete paving, plumbing, electrical work, planting shrub areas, resodding of lawn areas and installation of irrigation system. MINUTES 23 - July 8, 1986 Engineer's estimate of $75,000 by or 98%. Staff has reviewed the bid and believes the contractor's price for this project far exceeds what should be expected for the scope of work outlined on the plans. Therefore, it was recommended that the City immediately rebid the project and receive bids on July 30. Discussion ensued regarding lack of bids received for this project; Live Water Systems, Inc., was the original low bid but was unaware the project was out for re-bid; low bid exceeded Engineer's estimate by 98%; Live Water Systems is still interested in bidding on the projectd. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 25. RESOLUTION 12590 APPROVING JOINT USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS & ELECTRIC COMPANY IN CONJUNCTION WITH CHULA VISTA TRACT 84-9, EASTLAKE I, UNIT 1, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works/City Engineer) On January 17, 1985, by Resolution 12302, the City Council approved the Final Map for Chula Vista Tract 84-9, EastLake I Unit 1. A grant of easement for drainage purposes on both sides of EastLake Drive within a 120-foot wide San Diego Gas and Electric easement was accepted by the City Council in connection with said Final Map. San Diego Gas and Electric Company has requested that the City enter into a joint use agreement to clearly establish the responsibilities of both parties regarding maintenance of facilities within the SDG&E easement. Director Lippitt pointed out the agreement provides for the construction, operation, and maintenance of the drainage facilities across and adjacent to EastLake Drive within the SDG&E easement. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 29. RESOLUTION 12591 ACCEPTING CONTRACT WORK, RECONSTRUCTION OF SWIMMING POOL DECK, LOMA VERDE PARK (Director of Public Works/City Engineer) Fritz A. Nachant, Inc. completed the placing of the new concrete deck and appurtenances on April 14, 1986. A final inspection was made on April 16, 1986, and a list of discrepancies was prepared consisting of general site and pool cleaning. Fritz A. Nachant, Inc. completed the additional items and the work has been completed in accordance with the plans and specifications and to the satisfaction of the City Engineer. MINUTES - 24 - July 8, 1986 The total cost of the project was $76,268.69 Councilwoman McCandliss expressed concern that the City lost revenue due to delays caused by the contractor. In response, Director Lippitt stated the original scope of work was completed in the allotted time, but upon final inspection it was determined additional items needed attention. MSUC (McCandliss/Moore) (modify the resolution to) assess and recover $289 in lost revenue from the contractor. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, as amended, the reading of the text was waived by unanimous consent, passed and approved unanimously. 31o RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER CERTAIN SPECIFIED SERVICES TO THE CITY OF CHULA VISTA IN CONNECTION WITH THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 1986 TO BE HELD IN THE CITY OF CHULA VISTA (City Clerk) MSUC (Cox/McCandliss) continue this item to Thursday, July 10 following the Redevelopment Agency meeting at 4 p.m. 32. REPORT RECOMMENDATIONS OF CHARTER REVIEW COMMITTEE WITH REGARD TO AMENDMENTS TO THE CHARTER TO BE PLACED ON THE BALLOT AT THE NOVEMBER 4, 1986 ELECTION (City Attorney) MSUC (Cox/McCandliss) continue this item to Thursday, July 10 following the Redevelopment Agency meeting at 4 p.m. 33. RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1986 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF CHULA VISTA A VOTE ON THE OFFICE OF MAYOR AND THE OFFICE OF THE CITY COUNCIL, SEAT NO. 3, A NUMBER OF PROPOSITIONS AMENDING THE CHARTER OF THE CITY OF CHULA VISTA AND CONSOLIDATING SAID ELECTION WITH THE GENERAL ELECTION TO BE HELD ON THE SAME DATE (City Clerk) MSUC (Cox/McCandliss) continue this item to Thursday, July 10 following the Redevelopment Agency meeting at 4 p.m. MINUTES 25 - July 8, 1986 45. REPORT REQUEST BY CHULA VISTA POP WARNER TO CONDUCT A FUND RAISER AT LAUDERBACH COMMUNITY CENTER (Director of Parks & Recreation) The Chula Vista Pop Warner's Association requested waiver of fees, permission to sell alcoholic beverages, and advance ticket sales for a fund-raising adult dance on October 31 and November 22. Staff recommended Council not waive the fees. In response to Councilman Campbell's concern, Director of Parks & Recreation Mollinedo explained in accordance with the City's ordinance, alcoholic beverages can be served at a public establishment but they cannot be sold. Guillermo Durazo, 841 Fairway Court, Chula Vista 92011, representing Chula Vista Pop Warner Football League, discussed the Pop Warner program offered to youngsters; sale of alcoholic beverages will generate revenue for the League; League was allowed to sell alcoholic beverages. at a fundraiser in Imperial Beach; requested Council waive this requirement since the League is a non-profit organization. MSUC (Cox/McCandliss) accept the report and not waive the fees for this usage, including prohibition of alcohol sales. OTHER RESOLUTIONS AND RELATED REPORTS & ORDINANCES 46. RESOLUTION APPROPRIATING THE BONDS PROCEEDS FROM ASSESSMENT DISTRICT NO. 85-2 AND THE CASH CONTRIBUTION FROM THE EASTLAKE DEVELOPMENT PROJECT TO FINANCE IMPROVEMENTS IN THE EASTLAKE DISTRICT (Director of Public Works/City Engineer/Director of Finance) Mayor Cox announced he may have a potential conflict of interest regarding this item. And, due to Councilman Malcolm's absence and potential conflict of interest, he recommended this item be continued and at that time participation by he or Councilman Malcolm would be determined by a "flip of the coin." MSUC (Cox/McCandliss) continue this item to Thursday, July 10 following the Redevelopment Agency meeting at 4 p.m. 47a.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) MINUTES - 26 - July 8, 1986 b. RESOLUTION APPROVING AMENDMENT NUMBER 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) Mayor Cox suggested this item be continued to a meeting when a full Council is present. MSUC (Cox/McCandliss) continue this item to Thursday, July 10 following the Redevelopment Agency meeting at 4 p.m. 48. REPORT AUTHORIZING PLANNING DIRECTOR TO SELECT ARCHITECT TO PREPARE ALTERNATIVE DESIGNS FOR 165 MURRAY STREET (Director of Planning) The City Council recently directed the Planning Department to contact several architects to obtain bids for design services in conjunction with alternative design solutions involving the completion of a house at 165 Murray Street. Director of Planning Krempl reported three local San Diego architects have expressed a willingness to provide alternative design solutions to be completed approximately one month from the date of the contract agreed upon between the City and the architect chosen. The bids range from $2,500 to $3,000 with the scope of work to include as-built plans as well as alternative design studies. Director Krempl recommended Council authorize selection of an architect for this purpose and that the City Attorney be authorized to prepare a contract to be entered into with Mr. Raso. Councilwoman McCandliss expressed concern with Mr. Raso's latest correspondence in which he states he would not participate in redesign of his residence. The following individuals spoke in opposition to this item: Lois Myers, 162 Halsey; Helen Wadsworth, 175 Murray Street; Bess Pocklington, 656 Glover Place; Marilyn Truesdale, 158 Murray Street; Mrs. Bouvier, 154 Murray Street; Irene Foschow, 171 Halsey Street; Michael Burgess, 166 Halsey Street; Dan Wall, 156 Halsey Street; Louis Bouvier, 154 Murray Street. MINUTES - 27 - July 8, 1986 Their concerns included: objection to use of taxpayers' funds to assist Mr. Raso in redesigning structure; building does not meet any City Codes and standards; there will be no privacy for surrounding homeowners; accused City Council of favoritism if funds are approved; requested outside investigation of the Planning Department's actions; height of house; limitation should be made on amount of funds expended on house; Raso ignored "stop work order" placed on structure. Mayor Cox reiterated Council's previous action on this item, noting Council has two courses of action to pursue: (1) City involvement will be limited to coming with a design acceptable to Mr. Raso, his neighbors, and the City, or (2) require Mr. Raso to conform to Codes. Discussion followed concerning previous Council action limiting roof height not to exceed 30'; existing height is illegal; lot coverage exceeds City's maximum requirement; questioned which ordinance pertaining to height limitation applicant should abide by; applicant submitted 5 or 6 sets of plans which were not approved; to be aesthetically acceptable to neighbors, design should be prepared by a professional architect; support $3,000 expenditure for redesign on condition applicant commits to that redesign. MS (McCandliss/Campbell) accept report with the requirement that the City Attorney prepare agreement to be entered into with Mr. Raso--basically the staff recommendation. In answer to Mayor Cox's question, City Attorney Harron stated if an applicant pulls a building permit under false pretenses the applicant would not have a vested right in that permit. Joseph Raso, 165 Murray Street, Chula Vista, reiterated background of this issue; the building inspector viewed the accessory building on the premises; he could not afford the modifications required for his house but would cooperate with the City in their efforts for such a redesign. Further discussion involved the need for an architect to review interior of building in order to provide input for exterior modifications; City's responsibility to the general public and not the applicant; agreement between City and Raso should not include parameters for architect; if applicant does not sign agreement prepared by the City Attorney, issue will return to the Council. Mayor Cox requested the following be included in the motion: get assurances from Mr. Raso that he is agreeable to the contract; have City Council review this contract before it is sent out, and at the same time have a staff report indicating in the event Council does not pursue the variance process as previously approved, what would have to be done in order to make the house legal under City Codes that were in effect when the permit was issued. MINUTES 28 - JUly 8, 1986 Councilwoman McCandliss stated she would include this in her motion; Councilman Campbell agreed to the second and the motion passed unanimously. 49. REPORTS OF BOARDS AND COMMISSIONS a. IRAPUATO, MEXICO "SHORT TERM" SISTER CITY STUDENT EXCHANGE PROGRAM Three Odawara, Japan students have expressed an interest in this exchange program with Chula Vista students. The Japanese students would like to visit August 11 through 29. Three local students will travel to Odawara, Japan on July 26 and will be hosted by Japanese families. These students will return with the three Odawara students on August 11 to Chula Vista. The Odawara students will be staying with Chula Vista host families for 19 days. June Brines, 385 Palomar Drive, Chula Vista 92011, Chairman of the International Friendship Commission, discussed the Sister City Exchange Program noting the excellent qualifications of students representing Chula Vista. MSUC (Cox/McCandliss) to accept the report. 50. REPORT OF THE CITY MANAGER a. City Manager Goss requested that when a full Committee is present, particularly Councilman Malcolm, SB2169 (Roberti--Crime of Prostitution) be discussed. MSUC (Cox/McCandliss) continue this item until Thursday, July 10 (Joint City Council/Redevelopment Agency meeting). b. The Professional Golfer's Association has ranked the Chula Vista Municipal Golf Course #5 in the County. 51. MAYOR'S REPORT a. The County Tax Assessor's Office reports the City of Chula Vista led all other cities in the County last year in assessed valuations (30% increase). b. Commented on an article regarding Chula Vista which appeared in the San Diegan magazine. c. Announced the next General Membership meeting of the League of california Cities will be held on July 17 with B. T. Collins former aide to Governor Jerry Brown as the guest speaker. · I T MINUTES - 29 July 8, 1986 d. The Board of Directors of Bay Hospital Medical Center ~ supported the City Council's request for a Grand Jury and District Attorney investigation of the hospital. e. Wednesday, July 10, at 7 p.m. is "Chula Vista Night at the Padres." f. Commended staff on 4th of July fireworks activities at the "J" Street Marina. g. MSUC (Cox/McCandliss) send letter to the Board of Supervisors and Chula Vista Marina operators expressing City's appreciation for financial support of homeporting the Tall Ship Californian in Chula Vista. h. City of National City will fund $20,000 as their share of the traffic signal at 1-805 and Bonita Road. i. City of National City will provide $15,000 towards the Second Harbor Entrance study. j. LAFCO approved Palomar and Otay Valley/Palm reorganizations. k. San Diego will consider reorganizations of Mid-Otay Valley and Fenton Lakes property on August 11. 1. MSUC ( Cox/McCandliss ) have staff prepare a letter to Tom Larwin, MTDB General Manager, requesting that the "E" Street crossing, if possible, be put in prior to opening of the trolley station m. MSUC (Cox/Moore) ask staff to look at the possibilities of bringing in some type of distinctive bus for the "Downtowner" and as well as developing a Bayfront transit loop that could be evaluated by staff and come back with recommendations to Council. n. Reminded Council of Joint City/School Boards meeting on Wednesday, July 9, 1986, at 4 p.m. o. MSUC (Cox/Moore) schedule Boards/Commissions interviews (Parks & Recreation Commission and Planning Commission) on Tuesday, July 29, at 5:30 p.m. p. MSUC (Cox/Moore) send night letter encouraging the Governor to sign AB1012 (provide funding to resolve sewer problem in Tijuana River Valley). q. MSUC (Cox/Moore) for a Closed Session (at the end of the business meeting) for matters of personnel, Section 404 permit, and potential litigation. MINUTES - 30 - July 8, 1986 52. COUNCIL COMMENTS a. Councilman Moore requested an update on a request to replace the wire fence and continue the solid fence (put in by the City) at the Dunes Apartments. City Manager Goss stated one of the issues in resolving this situation was who would pay for the wall. However, this item could become a Capital Improvements Project. b. Councilman Moore discussed the "Adopt-An-Animal" program and asked if staff has considered eliminating the fee incurred prior to the adoption. In response, Director of Public Safety Winters stated owners incur cost for adopting, however, if dogs are not claimed, City incurs costs for their disposal in addition to fees imposed by the State; approximately 30 dogs are adopted monthly; 25,000-30,000 dogs put to sleep each year; State has increased adoption fees. MSUC (Cox/Moore) ask staff to evaluate the policy and come back in 60 days with a report on whether there has been a decrease in adoptions as a result of fees mandated by the State, and whether the City should continue to accept fees that are "prior to the fact." c. Councilman Moore suggested if funds are available, landscaping should be provided for the "E" Street trolley station entrance. d. Councilman Moore noted a major business has indicated a willingness to contribute to renovation of the downtown parking structure. He suggested staff solicit additional interest in this type of endeavor. e. Diamond Anniversary Committee is working on designing a City flag. f. Councilman Moore suggested a City-sponsored float be entered in the Fiesta de la Luna Parade. g. The 75th Diamond Anniversary picnic is scheduled for August 10 which will honor the "old-timers." h. The Kidney Foundation is sponsoring a horse show at Blackman Farms in Bonita August 19 & 20 (in conjunction with the 75th Diamond Anniversary). i. Councilwoman McCandliss requested ground rules to expedite the Raso item next time it is docketed on the Council agenda. MINUTES - 31 July 8, 1986 j. Miller & Schroeder is expected to provide information concerning the Bay Hospital Medical Center bond issue and requested staff clarification in the next two weeks. k. Councilwoman McCandliss clarified a motion made during June 24 meeting pertaining to Kids Unlimited item--they can choose any reliable title company, including Title Insurance. The Council recessed at 10:50 p.m. to Closed Session. The City Clerk was excused and the City Manager reported Closed Session ended at 11:20 p.m. ADJOURNMENT AT 11:20 p.m. to the joint meeting with the school districts on July 9, 1986 at 4:00 p.m. (Sweetwater Union High School Administration Building), the Joint Meeting of the City Council/Redevelopment Agency on July 10 at 4 p.m., and to the regular meeting of July 15, 1986 at 7:00 p.m. ./ / City Clerk Deputy City Clerk ., 0830C/as STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING CITY OF CHULA VISTA ) I, Adele A. Sarmiento, being first duly sworn depose and say: That I am the duly chosen, qualified and acting Deputy City Clerk of the City Council of the City of Chula Vista. That the regular meeting of the City Council of the City of Chula Vista was held Tuesday, July 8, 1986, and said meeting was adjourned to the time and place specified in the Order of Adjournment ATTACHED HERETO: That on Wednesday, July 9, 1986, at the hour of 10 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of July 9, 1986, was held. A e e A. Sar~i nto DepUty City Clerk Subscribed and sworn to be~re me this day of~.~ 19~. m 1 T MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, July 8, 1986 The City Council met in the Council Chamber of the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following: Councilmen Present: Campbell, McCandliss, Cox, Moore Councilmen Absent: Malcolm ADJOURNMENT The Mayor adjourned the meeting until Wednesday, July 9, 1986~3oint City/School and Thursday,~July 10, 1986 (Joint City Council/Redevelopment Agency meeting) Boards~ at 4 p.m. in the~Council ~m~Conference Room, City Hall/ ~k~lx~x~x~M~x~x~i~ 276 Fourth Avenue, Chula Vista, California. I, Adele A. Sarmiento, Deputy City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of July 9, 1986 City of Chula Vista, California