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HomeMy WebLinkAboutcc min 1996/03/26MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 26, 1996 6:07 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy , Moot, Padilia, Rindone, and Mayor Horton (arrived at 6:09 p.m.) John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: March 19, 1996 (City Council Meeting) and March 19, 1996 (Joint Meeting of the City Council/Redevelopment Agency) MSC (Rindone/Aievy) to approve the minutes of March 19, 1996 (City Council Meeting) and March 19, 1996 (Joint Meeting of the City Council/Redevelopment Agency), approved 4-0-1 with Horton absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Christina Orozco - Mobilehome Rent Review Commission; and John Stokes - Design Review Committee. The Oath of Office was administered by City Clerk Authelet to Christina Orozco and John Stokes. CONSENT CALENDAR (Items pulled: 6 and 12) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. LetWx from the City Attorney stating that there were no reportable actions taken in Closed Session on 3/19/96. It is recommended that the letter be received and filed. 6. ORDINANCE 2667 AMENDING SCHEDULE IX, SECTION 10.48.030 OF THE MUNICIPAL CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS FROM 30 M.P.H. AND ESTABLISHING A SPEED LIMIT OF 35 M.P.H. ON HILLTOP DRIVE FROM EAST RIENSTRA STREET TO ORANGE AVENUE (second reading and adoption) - Based on provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Municipal Code Section 10.48.030, staff has determined that based on a traffic and engineering study, the speed limit on Hilltop Drive between East Rienstra Street and Orange Avenue be increased from 30 m.p.h. to 35 m.p.h. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Pulled from the Consent Calendar. Councilmember Alevy stated he had been informed that the City of El Cajon and the City of Santee had emergency legislation which allowed them to enforce radar on streets where the speed limit was set by the city's design. Therefore, he did not feel the City had done everything that could be done to maintain local control of the speeds. It was wrong to have to raise the speed limit on a residential street in order to enforce the speeds with radar. He requested that the item be continued until Council knew what all the options were including possible legislation and work being done by the California League of Cities. Minutes March 26, 1996 Page 2 Councilmember Rindone stated he supported a continuance. Each Councilmember shared the concerns expressed by Councilmember Alevy. Previous action was taken only after assurance from staff that when there was a legal remedy it would be returned to Council for further action. MS (Rindone/Padilla) to continue the item for three weeks. Councilmember Alevy stated he felt staff should contact the California League of Cities and legislators. The City needed to fmd out any possible recourse. The City should have local control of the speed limits. Councilmember Rindone questioned if a three week continuance would be adequate. Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that staff was trying to obtain the information from the League at the present time. If that information was received soon, three weeks would be sufficient. Staff was familiar with the legislation passed for the other cities and it was special legislation that called out specific streets. The City would have to get every street spelled out and the legislative process was a very long. During that time there would be no enforcement because the speed study indicated the higher speed. Councilmember Rindone stated if there was a problem with the three week continuance staff could bring forward a report at that time indicating what information they had received and a proposed time line. Councilmember Padilia stated he wanted to see the specific legislation referred to by Councilmember Alevy as he felt there was something involved that the City may not be aware of. He would support the continuance. Councilmember Moot stated on the street where the speed limit had already been changed, several residents had commented to him that they had not seen radar enforcement. He felt if Council was asked to make those changes and the justification was that the City would be enforcing that speed with radar, the neighborhood should see immediate action in the area. VOTE ON MOTION: approved unanimously. 7. ORDINANCE 2668 AMENDING CHAPTER 10.80 OF THE MUNICIPAL CODE RELATING TO ABANDONED VEHICLES (first reading} - Chapter 10.80 of the Municipal Code establishes specific requirements and procedural steps for the abatement and removal of wrecked, inoperable, or abandoned vehicles from any private or public property, not including highways. In order to improve the City's cede enforcement capabilities, staff is recommending minor changes to Chapter 10.80 to streamline the process and to ensure compatibility with the 1995 California Vehicle Code. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing) 8. RESOLUTION 18236 APPROVING A CHANGE ORDER TO THE CONTRACT WITH THE R.B. CLARK GROUP TO CONSTRUCT PHASE II OF THE CLAPPER RAIL EXHIBIT AT THE CHULA VISTA NATURE CENTER AND APPROPRIATING $55,000 TO ACCOUNT NUMBER 415-4150-533 - On 9/19/95, Council approved a contract with the R.B. Clark Group to construct the Clapper Rail Exhibit, Phase I. A major gift has been received for the Clapper Rail Exhibit. The contractor for Phase I, which is now complete, is still on site and has submitted a good bid. Phase II consists of the avian husbandry building. Staff recommends approval of the resolution. (Executive Director, Bayfront Conservancy Trust) 4/5th's vote required. 9. RESOLUTION 18237 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF INTERMEDIATE AND FULL-SIZE PICK-UP AND UTILITY TRUCKS -The fiscal year 1995/96 equipment replacement budget provides for the purchase of replacement intermediate and full-size pick-up trucks and utility vehicles. On 2/26/96, bids were accepted for the purchase of the vehicles. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 18238 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "BONITA ROAD BICYCLE LANE WEST OF INTERSTATE 805 IN THE CITY (STM-311)" PROJECT - On 3/6/96, bids were received. The work consists of providing an additional bike lane for east bound bicyclists on the south side of Minutes March 26, 1996 Page 3 Bonita Road including the construction of curb, gutters, sidewalks, driveways, storm drainage, asphalt pavement, traffic control, and other miscellaneous work as shown on the plans. Staff recommends approval of the resolution awarding the contract to Basile Construction, Inc. in the amount of $89,699.33. (DirecWr of Public Works) 11. RESOLUTION 18239 ACCEPTING BIDS AND AWARDING CONTRACT FOR "TREE REMOVAL AND SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS (FISCAL YEAR 1995/96 PROGRAM) IN THE CITY" AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT - On 3/13/96, bids were received. The work consists of removal and replacement of curbs, gutters, sidewalks, and driveways which have been displaced by tree roots on various streets within the City. The work also includes removal of the trees and roots causing the displacements. Staff recommends approval of the resolution awarding the contract to Star Paving, Inc. in the amount of $41,825. (Director of Public Works) 12. RESOLUTION 18240 APPROVING AN AGREEMENT WITH THE UNITED STATE OLYMPIC COMMITTEE TO PROVIDE FOR THE MAINTENANCE AND OPERATION OF THREE SEWER PUMP STATIONS SERVING THE OLYMPIC TRAINING CENTER - The Olympic Training Center (OTC) requires the services of three sewer pump stations to pump sewage to the City maintained sewer system. The OTC staff does not have the equipment or expertise to maintain the sewer pump stations. OTC has requested that the City maintain the pump stations and be reimbursed the associated costs by OTC. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. RESOLUTION 18240 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. 13. RESOLUTION 18241 APPROVING CHANGE ORDER NUMBER 4 FOR THE MEMORIAL PARK GYMNASIUM - PLUNGE - PARKWAY COMPLEX BUILDING RENOVATION IMPROVEMENTS, PHASE I PROJECT (PR-162) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ON BEHALF OF THE CITY - On 9/19/95, Council awarded a contract to Woodburn Construction Company for the renovation improvements. The work includes remodeling of the gymnasium restrooms and dressing rooms, renovation of pool lobby, restrooms, and dressing rooms, including heating and ventilation and compliance with all new ADA and UBC requirements. Change Order Number 4 incorporates revisions to the plumbing system, as well as the structural steel for the heating and ventilation system. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) Councilmember Rindone questioned if staff anticipated any other change orders for the present FY year, and if so, if they would exceed the $12,000 left in the contingency fund. Dick Thompson, Building Projects Supervisor, responded that staff felt there would be other change orders, but that it would not exceed the $12,000. 14. RESOLUTION 18242 APPROPRIATING $875 IN INTEREST FUNDS AND ESTABLISHING A BUDGET FOR THE ADMINISTRATION OF THE ANNUAL GAYLE MCCANDLISS ART AWARDS - In January of 1993, Council approved guidelines for the Gayle McCandliss Memorial Fund. Staffs recommendations are based on guidelines and directions of the Cultural Arts Commission. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/Sth's vote required. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING PCM-94-04; CONSIDERATION OF A STREET NAME CHANGE FOR THE SEGMENT OF EAST ORANGE AVENUE BETWEEN HUNTE PARKWAY AND WUESTE ROAD - The proposal consists of changing the street name to "Olympic Parkway." This is the first phase of an overall program to rename East Orange Avenue from Interstate 805 to Wueste Road. Future street name change phases will occur Minutes March 26, 1996 Page 4 as the area along East Orange Avenue is developed. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18243 APPROVING A STREET NAME CHANGE FOR THE SEGMENT OF EAST ORANGE AVENUE BETWEEN HUNTE PARKWAY AND WUESTE ROAD TO OLYMPIC PARKWAY Mr. Boogaard informed Council that a letter had been received from EastLake representing that they believed that it would not be treated as a quid pro quo under the City's first concession granting agreement authorized by Council. As a result, staff recommended that it be continued until staff could work with EastLake to find out what their intentions were under the agreement. This being the time and place as advertised, the public hearing was declared open. · Kristen McDade, 650 Columbia Street #40, San Diego, CA, representing United States Olympic Committee, stated neither a representative of the US Olympic Committee, nor their consultant, could be at the meeting and requested a continuance of the item so they could be in attendance when the item was heard. MSUC (Horton/Alevy) to continue the item for three weeks. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. RESOLUTION 18244 APPROVING AN AGREEMENT WITH EASTLAKE DEVELOPMENT COMPANY FOR FINANCING, DESIGN AND CONSTRUCTION OF A COMMUNITY CENTER - On 12/12/95, Council considered the Sectional Planning Amendment (SPA) and Public Facilities Financing Plan (PFFP) for EastLake Greens. Although Council approved the SPA and PFFP, they deferred a final decision on the PFFP language dealing with the community center until a resolution could be reached on the financing and construction of the facility. Staff recommends approval of the resolution. (Director of Parks and Recreation) Mr. Boogaard stated at the time EastLake signed the agreement they felt they could get the required bond to secure the repayment of money. While they could get the bend it was more expensive than anticipated by both parties. With a slight modification of the agreement, that would not sacrifice the City's right to repayment, staff felt the price could be lowered to EastLake. He recommended that Council approve the resolution with the understanding that the City Attorney and City Manager were authorized to make those modifications. He recommended that the resolution be amended .... approve the agreement ..., add "with such modifications as the City Manager and City Attorney deem appropriate". RESOLUTION 18244, AS AMENDED, OFFERED BY MAYOR HORTON, reading of the text was waived. Councilmember Moot questioned the alternative that was contemplated by staff. Mr. Boogaard responded that if the language was changed from a loan agreement, where EastLake was obligated to repay a loan to fund an escrow of which the City would be the escrow holder with right of termination and seizure of funds, it would be bondable versus a simple loan agreement that was not bondable. VOTE ON RESOLUTION 18244: approved unanimously. Minutes March 26, 1996 Page 5 17. RESOLUTION 18234 ACCEPTING BID AND AWARDING CONTRACT FOR "PLACEMENT OF ASPHALT RUBBER HOT MIX OVERLAY FOR FISCAL YEAR 1995/96 OVERLAY PROGRAM ON VARIOUS STREETS IN THE CITY (STL-224)" AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT - On 2/28/96, bids were received. The work consists of providing asphalt rubber hot mix 1 t,~ - thick overlay on various streets. The work includes the removal of alligator pavement areas and replacement with asphalt concrete pavement, the cold milling of street pavement in certain areas, AC leveling courses, signal loops, traffic control, adjustment of sewer manholes, adjustment of survey well monuments, french drain system, and other miscellaneous work. Staff recommends approval of the resolution awarding the contract to SRM Contracting and Paving in the amount of $517,322.20. (Director of Public Works) Continued from the meeting of 3/19/96. Mr. Boogaard informed Council that the item was the subject matter of a listed Closed Session item under anticipated litigation. Staff would be recommending going forward with the project, but the Council may wish to consider the legal aspects of the claim made by the AGC. Mayor Horton stated the item would be trailed until after Closed Session. Council reconvened at 8:12 p.m. with Councilmember Padilla absent. Mr. Boogaard stated that staff recommended approval of the resolution authorizing the project. RESOLUTION 18234 OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived. Mayor Horton stated she would abstain from voting on the item. VOTE ON RESOLUTION 18234: approved 3-0-1-1 with Padilia absent and Horton abstaining. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 6 and 12. The minutes will reflect the published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. No report given. b. Mr. Goss introduced his wife, Karen Goss, and his daughter Lucia Moore Goss. c. Mr. Goss stated the City presently had a contractor in the field lining the City sewer conduit and reconstructing sewer covers. Since that time, sewer crews discovered three additional sewer lines that required lining and six additional sewer covers that needed to be replaced. The concern was that the contract would be completed and the cost to bring the contractor back to do the work would be higher. Therefore, staff recommended a change order to have the contractor do the work which would be funded from sewer funds. The work would cost approximately $74,373. Last weekend there was a blockage at E Street and Los Flores at which time the crew discovered that a portion of the pipe was collapsed and the 8" main was 22' below the ground which was beyond the range of City equipment. Staff felt it serious enough to bring the item forward for Council action. MSUC 0lorton/Alevy) to declare that the item arose after the posting of the ngenda and add it to the agenda as an urgency item. John Lippitt, Director of Public Works, stated staff had received a proposal of $22,300 from the contractor. Staff requested the authority to award the change order. Mr. Goss stated staff recommended that Council authorize a change order to Insituform Southwest, the current contractor, to repair three additional sewer lines that required lining and six sewer covers that needed Minutes March 26, 1996 Page 6 to be replaced at a cost of $74,373. The second recommendation was to authorize $22,300 to repair the 8" main that had collapsed at E Street and Los Flores. Councilmember Moot questioned if the source of funds would be the CIP or operating budget. Mr. Lippitt responded that it would be from the CIP which had ample funds for the work. MSUC Otorton/Alevy) to approve the staff recommendation. d. Mr. Goss stated that there was a concern over the timing of the processing the City's annexation proposal through LAFCO. He requested that the item be added to the agenda as an urgency item. MSC (Horton/A!evy) to add the Otay Ranch annexation to the agenda as an urgency item, approved 4-0-1 with Padilia absent. Mr. Goss stated Council had authorized staff to file an annexation application for the whole western parcel of the Otay Ranch. At the present time the sphere of influence adopted by LAFCO excluded the panhandle. One of the problems with LAFCO was that if the panhandle was filed they would stated that clearly it was not within the City's sphere. In order to begin the process for the annexation so that it would reach LAFCO in a timely fashion, he recommended that Council authorize staff to submit three alternative annexation proposals: I) the entire western parcel; 2) the area that would conform to the sphere of influence as it presently stood; and 3) an in between position, the same as #2 with Village 3 and Banning Area 18B included and exclude the River Valley, Nelson Sloan Rock Quarry, and the South/West corner. MSC (Alevy/Rindone) to approve the staff recommendation, approved 4-0-1 with Padilia absent. 19. MAYOR'S REPORT(S) - None 20. COUNCIL COMMENTS - None ADJOURNMENT AT 8:15 P.M. to the Regular City Council Meeting on April 9, 1996 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Re. development Agency convened at 6:35 p.m. and adjourned at 7:10 p.m. CLOSED SESSION Council recessed at 6:35 p.m., met in Closed Session at 7:10 p.m. and reconvened at 8:12 p.m. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: Existing litigation pursuant to Government Code Section 54956.9 · Christopher vs. the City of Chula Vista. · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · SNMB, L.P. vs. the City of Chula Vista. Anticipated litigation pursuant to Government Code Section 54956.9 · Associated General Contractors of San Diego vs. the City of Chula Vista. · EastLake Park issues. Minutes March 26, 1996 Page 7 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Govermnent Code Section 54956.8 · Property: Negotiating parties: Under negotiation: Approximately 72.5 acres of property located at the southwest quadrant of Otay Valley Road and Otay Rio Road, Chula Vista. City of Chula Vista, Los Alisos Company, and MCA Concerts, Inc. Extension of escrow for Ground Lease, Tri-Party Agreement and Sublease Agreements for the above-described property proposed for development into a 20,000 seat amphitheater. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unfepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 22. REPORT OF ACTIONS TAKEN lN CLOSED SESSION - No reportable actions were taken in Closed Session. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, CMC, ~ City Clerk