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HomeMy WebLinkAboutcc min 1988/05/17 The City Council did not meet in Closed Session MINUTES OF A COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May 17, 1988 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor pro Tempore Malcolm, Councilmembers Nader and Moore MEMBERS ABSENT: Mayor Cox; 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 MOTION M'!T[FC"TMoore/Nader) to approve the Minutes for the Regular Meeting of May 3, 1988. 2. SPECIAL ORDERS OF THE DAY a. PROCLAIMING MAY AS OLDER AMERICANS' MONTH - Alex Pressutti, Chairman of the Commission on the Aging, introduced members of the Senior Commission on Aging, and the Proclamation was accepted by Katherine Hayes who was born in Rochesteq New York in 1891 and now a resident of Coilingwood Manor in the City of Chula Vista. CONSENT CALENDAR IItems 3a - 17) MOTION ~FS'[P~'~Malcolm/Moore) to approve items 3a through 17 on the Consent Calendar, the reading of the texts waived by unanimous consent, passed and approved unanimously. 3. WRITTEN COMMUNICATIONS a. CLAIMS AGAINST THE CITY - City of National City, c/o Roger G. Perkins, Esq., Hollywood & Neil, lOlO Second Avenue, Suite 1712, San Diego 92101 The claim was filed in connection with two previous claims filed against the City by Jeff Massi and John Knowles seeking $150,000 in damages allegedly resulting from a pursuit incident involving members of the Chula Vista and National City Police Departments. Council denied the claim. ~lINUTES 2 May 17, 1988 b. Joe Raso, c/o Gerald M. Dawson, 7851 Mission Center Court, Suite 103, San Diego 92108 By mutual agreement, the claim was continued to the meeting of June 7, 1988. 4. RESOLUTION 13562 APPROVING AN APPLICATION FOR SPECIAL ACCOUNT CAPITAL OUTLAY MONIES (SAFECO) FOR NORMAN PARK SENIOR CENTER RENOVATION (Director of Parks & Recreation) The State has a Special Account for Capital Outlay (SAFECO) which provides funds to the State and municipalities for acquiring land or developing facilities for public recreation and historical on January l, 1988 for the renovation of Norman Park Center. An official grant application must be submitted to the State so that the funds can be encumbered for the project. 5. RESOLUTION 13563 ESTABLISHING SPECIAL STOPS ON MARL AVENUE AT THE INTERSECTION WITH TALUS STREET (Director of Public Works) A Two-Way Stop Survey was conducted in which this intersection received a total of 20 points out of a possible 30 points. 6. RESOLUTION 13564 ESTABLISHING A SPECIAL STOP ON PASEO VERDE AT THE INTERSECTION WITH PASEO ENTRADA (Director of Public Works) Due to the design layout of the subdivision, installation of a stop sign at the southeast corner of Paseo Verde is appropriate. The stop sign would be for northbound vehicles on Paseo Verde. Fiscal impact will be $75. 7. RESOLUTION 13565 AFFIRMING THE TRIAL TRAFFIC REGULATION REDUCING THE SPEED LIMIT ON NIRVANA AVENUE BETWEEN OTAY VALLEY ROAD AND ENERGY WAY (Director of Public Works) Based on a Traffic and Engineering study, the speed limit was reduced to 25 mph which staff recommends be made permanent according to Section 10.12.030 of the Administrative Code. Fiscal impact will be $150. 8. RESOLUTION 13566 ACCEPTING EASEMENT FROM SAN DIEGO GAS & ELECTRIC FOR ROAD PURPOSES ALONG THE EAST SIDE OF FOURTH AVENUE NORTH OF MOSS STREET (Director of Public Works) San Diego Gas & Electric Company has donated an easement for public right-of-way free of charge to the City. Council directed the City Clerk to have it recorded at the County Recorder's office. MINUTES 3 - May 17, 1988 9a. RESOLUTION 13567 ACCEPTING DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET & HIGHWAY PURPOSES LOCATED ALONG THE NORTHWEST CORNER OF OTAY LAKES ROAD AND EAST H STREET FROM BONITA POINT PLAZA PARTNERSHIP (Director of Public Works) b. RESOLUTION 13568 ACCEPTING EASEMENT FROM BONITA POINT PLAZA FOR STREET TREE PURPOSES ALONG THE NORTHWEST CORNER OF EAST H STREET AND OTAY LAKES ROAD c. RESOLUTION 13569 ACCEPTING GRANTS OF EASEMENT FROM BON1TA POINT PLAZA PARTNERSHIP AND EL RANCHO DEL REY PARTNERSHIP FOR SEWER PURPOSES FOR BONITA POINT SHOPPING CENTER d. RESOLUTION 13570 ACCEPTING EASEMENT FROM BONITA POINT PLAZA PARTNERSHIP FOR BIKEWAY PURPOSES FOR BONITA POINT SHOPPING CENTER e. RESOLUTION 13571 ACCEPTING GRANTS OF EASEMENT FROM BONITA POINT PLAZA PARTNERSHIP AND EL RANCHO DEL REY PARTNERSHIP FOR ACCESS PURPOSES AT THE SOUTHWEST CORNER OF EAST H STREET AND OTAY LAKES ROAD FOR BONITA POINT SHOPPING CENTER f. RESOLUTION 13572 ACCEPTING GRANT DEEDS TO CERTAIN REAL PROPERTY FROM BONITA POINT PLAZA PARTNERSHIP AND EL RANCHO DEL REY PARTNERSHIP FOR TRAFFIC CONTROL EASEMENTS FOR BONITA POINT SHOPPING CENTER The street and street tree easements are normal requirements for Tentative Parcel Maps. The bikeway easement is to provide a separate path for bicycles traveling on East "H" Street along the subject property. A concrete meandering bike path will be provided along the project fronta9e. The easements described in Item "e" are to provide access for City forces to maintain the sewer pump station located just westerly of the property. The easements for traffic control are to allow for the installation of traffic signals on East "H" Street and Otay Lakes Road for ingress and egress to the shopping center. lO. RESOLUTION 13573 ACCEPTING BIDS AND AWARDING CONTRACT FOR INSTALLATION OF GUARDRAIL ALONG THE WEST SIDE OF BAY BOULEVARD NORTH AND SOUTH OF L STREET IN THE CITY OF CHULA VISTA (Director of Public Works) Council awarded the contract to low bidder, Atlas Fence Co., in the amount of $23,844.34 which includes installation of metal beam guard rail, removal and replacement of sidewalk and ot~er miscellaneous work required to install the improvements. MINUTES - 4 May 17, 1988 ll. RESOLUTION 13574 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH THE "LANDSCAPING AND LIGHTING ACT OF 1972" FOR THE BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR THE FISCAL YEAR COMMENCING JULY l, 1988 AND ENDING JUNE 30, 1989 (Director of Public Works) The Bay Boulevard Lighting and Landscape Maintenance District was formed in 1982 to pay the costs of the maintenance of landscaping and lighting along Bay Boulevard between "E" and "F" Streets. Renewal of the assessment district for the next fiscal year is required. The cost of re-spreading the assessments will De absorbed by the property owners in the assessment district. 12. RESOLUTION 13575 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH THE "LANDSCAPING AND LIGHTING ACT OF 1972" FOR THE EASTLAKE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR THE FISCAL YEAR COMMENCING JULY l, 1988 AND ENDING JUNE 30, 1989 (Director of Public Works) EastLake Maintenance District No. 1 was formed in 1986 to pay the costs of maintenance of landscaping and li9hting along certain streets in the EastLake area and renewal of the assessment district for Fiscal Year 1988-89 is required. The cost of re-spreading the assessments will be absorbed ~y the property owners in the assessment district. 13. RESOLUTION 13576 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH THE "LANDSCAPING AND LIGHTING ACT OF 1972" FOR THE CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR THE FISCAL YEAR COMMENCING JULY 1, 1988 AND ENDING JUNE 30, 1989 (Director of Public Works) Town Centre No. 1 Lighting and Landscape Maintenance District was formed to pay the costs of maintenance of landscaping and lighting along Third Avenue and renewal of the assessment district for Fiscal Year 1988-89 is required. The cost of re-spreading the assessments will be absorbed by the property owners in the assessment district. 14. RESOLUTION 13577 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY TRANSIT SERVICES, INC. FOR HANDYTRANS OPERATION FOR THE PERIOD JULY 1, 1988 THROUGH JUNE 30, 1991 (Director of Public Works) MINUTES 5 May 17, 1988 Community Transit Services, Inc. (CTS) has been the HandYtrans contract operator since the system started in 1979. TDA Article 4.5 and Proposition A funds will be sufficient to fund HandYtrans operation during FY 1988-89 for the contract cost of $234,342. Projected TDA and Proposition A funds for FY 1989-90 and FY 1990-91 should be sufficient for operation during those two years. 15. RESOLUTION 13578 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 86-6, JASMINE PLACE (Director of Public Works) The project consists of one residential lot on 0.844 acres of land with a total of 24 condominium units. The developer has paid all fees and complied with all the conditions of approval of the Tentative Map. 16. RESOLUTION 13579 APPROVING SETTLEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, ROBERT AND SUSAN HYATT AND BONITA LONG CANYON PARTNERSHIP RE HYATT V. McMILLIN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (City Attorney) On November 24, 1987, the Hyatts filed a complaint against the City of Chula Vista and Bonita Long Canyon Properties claiming inverse condemnation of their property. McMillin and the Hyatts have now reached agreement on compensation which will result in the dismissal of the inverse condemnation lawsuit against the City. 17. ORDINANCE 2269 AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE PERTAINING TO LARGE FAMILY DAYCARE PERMITS SECOND READING & ADOPTION The ordinance was placed on first reading at the meeting of May 10, 1988. Section 1597.46 of the California Health and Safety Code, local jurisdictions are given limited discretion when considering such permits, and are required to grant those permits if they comply with reasonable standards or requirements concerning spacing and concentration, traffic control, parking and noise control. The local ordinance currently in effect for the City omits traffic control issues in meeting the conditions of approval for obtaining a permit. END OF CONSENT CALENDAR 18. ORAL COMMUNICATIONS Pearl Prine, 575 Otay Lakes Road, addressed Council as representative of the Bonita Terrace Condominiums, and read her letter regarding a proposed change in the roadbed of Otay Lakes Road. Specific questions were directed to Council relative to the alignment of Otay Lakes Road, adoption by the City of the circulation element, notification and dates for hearings, the purpose for moving the roadbed, and whether the City has done testing for noise levels along the roadway. MINUTES 6 May 17, 1988 MOTION MSUC (Malcolm/Moore) to refer the questions to staff for a report back to Council. Mayor pro Tempore Malcolm informed Mrs. Prine that she would be mailed a copy of the report by staff when they advise her of the date this will be brought back to Council. PULLED ITEMS 19. REPORT OF THE CITY MANAGER a. Scheduling Council meetings none b. Introduction of the Chief Building and Housing Inspector Don Cunningham, an employee of the City for ten years who was promoted to the position following open competition examination. c. Harold Rosenberg has been appointed to the position of Traffic Engineer effective June l, 1988. 20. MAYOR'S REPORT None. 21. COUNCIL COMMENTS COUNCILMAN MALCOLM: a. SB 2092 (Torres) Worker's Compensation: Peace Officers (Oppose) AB 869 (Bates) - Employee Drug Testing (Oppose) AB 2959 (Bader) - Development Projects: Building Permit (Oppose) ACA 3328 (Hannigan) Redevelopmen% (Oppose) MOTION MSUC (Malcolm/Nader) to approve staff recommendation for the four legislative items. b. Pastor Schock telephoned relative to his attempt for a permit to use a home for church use in %he R-3 zone. City Manager Goss confirmed the Pastor's right to file the application and that staff's concerns centered on standards rather than the zoning. Councilman Nader questioned a previous referral to staff for appropriate locations for church-related activities, which report (as stated by Director of Planning Krempl) will return to Council in two to three weeks. MINUTES 7 May 17, 1988 COUNCILMAN NADER: b. The Rodent Survey results received indicate there is a substantial rodent population in the City of Chula Vista and an eradication program was recommended. It was requested that staff report back to Council in two weeks; City Mana9er Goss reported that this request is possible in two to three weeks. c. Mello-Roos Assessment District - At a recent grand openin9 the disclosure documents were examined and it was suggested that staff look at the possibility of an ordinance to spell out a specific cover sheet for the disclosure forms to state, for example, "This is what you can expect to pay each year for the following number of years." MOTION MSUC (Nader/Malcolm) to refer to the City Attorney the possibility of a City Assessment/Mello-Roos Disclosure Form, and to report back to Council with an appropriate ordinance for consideration by Council, the School Districts, the developers and others as appropriate. ADJOURNMENT AT 7:30 p.m. to a Joint Meeting of Council with the Charter Review Committee on May 19, at 7:00 p.m. and to the Regular Meeting of May 24, 1988 at 7:00 p.m. Jennie Fulasz, CMC CITY CLERK ~e~'~'~ortune, CMC DEPUTY CITY CLERK 1233C