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HomeMy WebLinkAboutcc min 1989/08/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 1~, 1989 Council Chamber 4:10 p.m. Public Services Building In the absence of Mayor Cox and Mayor Pro Tempore Nader, Councilwoman McCandliss chaired the meeting. ROLL CALL PRESENT: Councilmembers McCandliss, Malcolm, Moore ABSENT: Mayor Cox, Councilman Nader ALSO PRESENT: City Manager Goss, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES for the regular meeting of June 13, and the special meeting of July lO, 1989. MSC IMoore/McCandliss) to approve the minutes (Mayor Cox, Councilman Nader out). 2. SPECIAL ORDERS OF THE DAY a. PROCLAIMING TUESDAY, AUGUST 8, 1989 AS "NATIONAL NIGHT OUT" Acting Mayor McCandliss read a public service announcement encouraging residents of Chula Vista to support the National Night Out program. b. RESOLUTION 15211 ACKNOWLEDGING THE TIME AND EFFORT DEVOTED BY PRIVATE CITIZENS ON THE CHULA VISTA HERITAGE MURAL IN THE CHULA VISTA PUBLIC LIBRARY RESOLUTION, AS READ, OFFERED BY ACTING MAYOR MCCANDLISS, passed and approved with Mayor Cox and Councilman Nader out. Councilman Moore distributed certificates of appreciation. CONSENT CALENDAR (Items 3a - 14) Pulled: 3a, 7, 10 12. Items were trailed and taken out of order at this meeting to be addressed when Councilman Nader arrived. City Manager Goss recommended Item 10 be continued for one week because the notice sent to residents in the neighborhood was defective. He also noted Councilman Nader had sent a message to pull Item 12. On Items 13 and 14 IOtay Ranch Project) minor language changes were made. Councilman Malcolm noted that the City entered into an agreement that provides for a substantial reduction in the cost of health services provided to City employees. He questioned if the City was doing something with our insurance company to where it would come back in dollars and cents to the City of Chula Vista. Risk Manager Diane Levin responded that it had been taken into consideration. Minutes - z - ~u~u~ ,, .... COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CALENDAR with a note that Item 10 be continued one week and Item 12 be pulled at Councilman Nader's request. The reading of the texts was waived, passed and approved with Mayor Cox and Councilman Nader out. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR CITY ASSISTANCE IN HANGING/REMOVING BONITAFEST BANNERS - Carol Hammond, Bonitafest Committee Member Pulled from Consent Calendar. b. CONCERN REGARDING JONES INTERCABLE FRANCHISE Martin Altbaum, 253 Third Avenue, Chula Vista 92010 It was recommended that this letter be referred to the Public Works Department for further consideration in the ongoing discussions taking place. 4. RESOLUTION 15212 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PERSONAL ASSISTANCE SERVICES OF SAN DIEGO FOR THE EMPLOYEE ASSISTANCE PROGRAM (EAP) (Director of Personnel) On July 1, 1989, the City entered its tenth year of proving Employee Assistance Program (EAP) Services to employees and their families. The contract renews the EAP service period with Personal Assistance Services from July 1, 1989 to June 30, 1990. The annual cost for this new contract is $6,861 which represents a 5% increase over last year's cost. 5. RESOLUTION 15213 APPROVING A PREFERRED PROVIDER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY HOSPITAL OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Personnel) On April 25, 1989, the City Council entered into an Acquisition Agreement with Community Hospital which provides, among other things, a $1 million service agreement in which the Hospital will deliver employee health benefit and other medical services and debit a service account with the appropriate charge. The service agreement account balance is increased annually by the San Diego area CPI and runs for ten years. The Preferred Provider Agreement will allow the City to begin obtaining medical services from Community Hospital with the goal in mind of maximizin9 the use of the service agreement over the next ten years. 6. RESOLUTION 15214 ACCEPTING PETITION FOR THE CONSTRUCTION OF MISSING STREET IMPROVEMENTS ALONG EAST OXFORD STREET FROM HILLTOP DRIVE TO 51 EAST OXFORD STREET (Director of Public Works) The City Engineer has received a petition from property owners along East Oxford Street from Hilltop Drive to 51 East Oxford Street requesting that 1911 Block Act proceedings be commenced for construction of missing street bl k one improvements in this oc . All except property owner signed the petition that was filed with the City Clerk on June 14, 1988. Council accepted the petition and directed staff to include the subject properties in the current 1911 Block Act proceedings. Minutes 3 ~u~u~ a, i~v~ 7. RESOLUTION ESTABLISHING A NO STOPPING ZONE ALONG THE NORTH CURB OF MAIN STREET BETWEEN MAPLE DRIVE AND HILLTOP DRIVE AND MAKING IT UNLAWFUL FOR ANY VEHICLE TO STOP OR PARK WITHIN SAID AREA PURSUANT TO SECTIONS 10.52.070 AND 10.52.280 (Director of Public Works) Pulled from Consent Calendar. 8. RESOLUTION 15215 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JESSE AND CAROL A. GONZALEZ TO ALLOW PROPERTY AT 4449 VISTA CORONADO TO BE CONNECTED TO CITY SEWER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) By letter dated March 19, 1989, the owners of the property at 4449 Vista Coronado Drive requested permission to connect to the City sewer system. The property is in the unincorporated area of the County adjacent to Hidden Vista Village subdivision. The property may be connected upon execution of an r agreement with the City and the owner. It is recommended that Council app ove the agreement. Council man Malcolm asked that this item be reconsidered. MSC (Malcolm/Moore) to reconsider item 8 (Mayor Cox, Councilman Nader out). Councilman Malcolm questioned staff as to the assessment of fees on Item 8 and asked staff to hold off on the assessment of fees until the new schedule comes back to Council from the budget referral. Mr. Lippitt stated the City will place a condition on the Gonzalez' that they will pay the new fees which will be proposed at a later date. The Gonzalez' will still be paying the County fee, which is higher that the City's. Councilman noted that they should be paying the new fees since they are not Chula Vista residents and are annexing. As long as the new fees will be held up he will go along with the resolution MSC (Malcolm/Moore) to amend the resolution to have the property owner pay whatever the new fee is going to be and provide adequate security per staff's discretion (Mayor Cox, Councilman Nader out). COUNCILMAN MALCOLM OFFERED THE RESOLUTION, AS AMENDED, the reading of the text was waived, passed and approved with Mayor Cox and Councilman Nader out. 9. RESOLUTION 15216 ACCEPTING PUBLIC IMPROVEMENTS FOR CONSTRUCTION OF PARK SITE IMPROVEMENTS AT CONNOLEY, HALECREST AND PALOMAR PARKS IN THE CITY OF CHULA VISTA (Director of Public Works) On April 18, 1989, Council awarded a contract in the amount of $47,332 (including contingencies) to Edwards Construction Company. The contract was for construction of park site improvements at Connoley, Halecrest and Palomar Parks. Council accepted the work. lO. RESOLUTION APPROVING THE TEMPORARY CLOSURE OF RUTGERS AVENUE BETWEEN GOTHAM STREET AND EAST "H" STREET (Director of Public Works) Staff received a letter dated July 20, 1989, from Ham Brothers Construction requesting the temporary closure of Rutgers Avenue between Gotham Street and East H Street for a 14 working day period to facilitate the construction of sewer, water and storm drain facilities in conjunction with the Canyon View Homes development. MSC (Malcolm/McCandliss) to continue this item to the meeting of August 8, 1989. ll. ORDINANCE 2318 ADDING CHAPTER 9.05 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE RECOVERY OF EMERGENCY RESPONSE COSTS FROM PERSONS UNDER THE INFLUENCE, OR RESPONSIBLE FOR INTENTIONALLY WRONGFUL CONDUCT - SECOND READING & ADOPTION (Director of Public Safety) The State Legislature has enacted Government Code Sections 53150-53158 which authorizes municipalities to recover expenses incurred in an emergency response to an incident caused by a negligent person who operates a motor vehicle who is under the influence of an alcoholic beverage and/or drug. The law allows a maximum recoverable amount of $1,000 per incident. The ordinance was placed of first reading at the meeting of July 25, 1989. 12. REPORT REGARDING ACTIONS NORMALLY TAKEN BY STAFF ON TYPICAL SUBDIVISION PROJECTS DURING THE PERIOD BETWEEN TENTATIVE AND FINAL MAP APPROVAL (Director of Public Works) Council requested that staff provide certain information regarding staff actions that normally occur between the time of Tentative Map approval and Final Map approval. Particular interest was e~ressed in rocesses relating to open space districts and City policy regarding revegeta~ion of open space slopes. This item was trailed pending Councilman Nader's arrival. MSC (McCandliss/Moore) to continue to the meeting of August 8, 1989. 13. RESOLUTION 15217 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT BEIN, WILLIAM FROST AND ASSOCIATES (RBF) AND THE BALDWIN COMPANY FOR PROFESSIONAL PLANNING SERVICES FOR THE OTAY RANCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Planning) This is an agreement for Professional Planning Services with the firm of Robert Bein, William Frost, and Associates (RBF) and the Baldwin Company. This is a firm of 300 employees with a 60-member planning division. It is one of the largest in Southern California. They have complete staff resources and all of the necessary technical equipment. The cost of $362,100 will be paid by the Baldwin Company. 14. RESOLUTION 15220 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO ESTABLISHING A JOINT PLANNING PROJECT APPROACH AND (Director Minutes - 5 - August l, 1989 On April 25, 1989, the City entered into a Statement of Intentions with the Baldwin Company for the processing of plans for the Otay Ranch Project. Subsequently, the Baldwin Company entered into a similar agreement with the County of San Diego. Upon further review of these two actions, it became apparent there were serious concerns with this dual approach. After many meetings to refine the basic concepts, a Memorandum of Understanding (MOU) was developed which is now recommended to Council and the San Diego County Board of Supervisors for adoption. This MOU calls for a strong commitment to resolving any disagreements and to develop a single plan. Each jurisdiction retains its prerogative to depart from the MOU and to conduct it own independent review. The cost of this program will be funded by the Baldwin Development Company. Councilman Malcolm noted that he doesn't think this is a good position when the County can pull out of this agreement if they don't like the City's direction. He would like to have seen more guidelines set down. RESOLUTION OFFERED BY COUNCILMAN MALCOLM Acting Mayor McCandliss stated that the agreement should be seen as the first step to setting down a cooperative framework to work with the County. We are in a better position, having been given lead agency status and more control for Chula Vista. It should not be considered by anyone to be the end of the process. Councilman Moore asked staff if they had any objections to the amendments the County had proposed to the MOU. Director of Planning Krempl noted staff was in agreement. VOTE ON MOTION The motion carried by the following vote: AYES: McCandliss, Moore, Malcolm NOES: None ABSENT: Cox, Nader END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE ESTABLISHING A DEVELOPMENT IMPACT FEE FOR THE IMPROVEMENT AND CONSTRUCTION OF VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (Budget Officer) (Continued from meeting of July 25, ]989) INTERIM ORDINANCE ESTABLISHING AN INTERIM DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA - FIRST READING Minutes - 6 - August l, 1989 ORDINANCE ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA - FIRST READING In January 1988, Council first adopted an interim urgency ordinance establishing Development Impact Fees (DIF) for transportation facilities in the eastern part of the City. As indicated, those fees are for transportation facilities only and do not cover costs of public facilities related to current and future growth such as the remodeling and expansion of the Civic Center, the remodeling of the Police facility to develop more usable space, moving and construction of the Corporation Yard, branch libraries, etc. Staff recognizes that the cost and population projects presented in the report are not firm and may change in the coming years. However, it is important that this su lemental DIF be established as quickly as possible and the monies co~Vected so that the wi 1 be able to build the facilities when they are City 1 needed. This item, which needed a 4/5th vote, was trailed pending Councilman Nader's arrival. Councilman Malcolm, noting that Councilman Nader had not yet arrived suggested authorizing the City Manager to not issue building permits for one week. MSC (McCandliss/Malcolm) to continue Item 14 to August 8, 1989 (Mayor Cox and Councilman Nader out). MOTION (Malcolm) to discuss the issue of giving the City Manager authority to stop issuance of building permits. There was no second to the motion. City Attorney Harron noted that a 4/5ths vote of Council was needed to take any action tonight on halting the issuance of building permits; that is, all four men~Ders are needed to vote affirmati ve. MOTION i~FSC"ll~cCandliss/Moore) that Council recess to Closed Session to discuss Myers v. City of Chula Vista and reconvene at 5:30 to reconsider Item 15. Council reconvened at 5:30. MSC (Malcolm/Moore) to continue this item to next week. 16. PUBLIC HEARING TO CONSIDER THE CONFIRMATION OF THE SPREAD OF ASSESSMENTS, EASTLAKE MAINTENANCE DISTRICT NO. 1 (Director of Public Works) RESOLUTION LEVYING THE ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO. 1 Acting Mayor McCandliss opened the Public Hearing. On July 11, 1988, Council accepted the Engineer's report and adopted a resolution of intention to levy assessments in the EastLake area for landscape maintenance of street medians in EastLake for Fiscal Year 1989-90. A second resolution set the related public hearing. It is recon~nended that Council h hold the public hearing and adopt t e resolution. Staff noted there was nothing further to add to this report. Minutes - 7 - August l, 1989 Councilman Moore asked if this assessment district was for the existing homeowners or new homeowners. Director of Public Works Lippitt responded that this is an annual assessment for the existing homeowners; the amount in the notice stated this would not exceed $25 per year. Acting Mayor McCandliss questioned the procedure used in notifying homeowners in the area and asked if anyone appeared at the Parks & Recreation Assessment meeting, or if anyone was specifically notified of the meeting today. Director of Parks & Recreation Mollinedo responded that no one showed up at the assessment meeting although notices were sent out; they ~ere all apprised of the amount of money they would be assessed. No one in the EastLake area was specifically notified of today's meeting. The only notification that Parks & Recreation has been sending out is th~ notification of the Assessment meeting. There being no public testimony, Acting Mayor McCandliss closed the public hearing. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived, passed and approved with Mayor Cox and Councilman Nader out. 17. ORAL COMMUNICATIONS - None. PULLED ITEMS a. REQUEST FOR CITY ASSISTANCE IN HANGING/REMOVING BONITAFEST BANNERS - Carol Hammond, Bonitafest Committee Member It was recommended that Council authorize the use of City equipment and manpower in hanging and removing Bonitafest banners along Bonita Road. Cheryl McElvy, 417 Camino Elivado, Bonita asked Council if an addition could be made to their request. They requested that Council allow the Committee to hang one to three banners that are larger than the banners that will be hung along Bonita Road. She also requested help from the City's forces to hang the Banner along the Golf Course and, if there are any fees, to waive the fees. Assistant City Manager Asmus responded that there was no problem with the request, the City Manager's office had assumed the large banners were also requested in the original letter. MSC (Malcolm/McCandliss) accept staff's recommendation. 7. RESOLUTION 15219 ESTABLISHING A NO STOPPING ZONE ALONG THE NORTH CURB OF MAIN STREET BETWEEN MAPLE DRIVE AND HILLTOP DRIVE AND MAKING IT UNLAWFUL FOR ANY VEHICLE TO STOP OR PARK WITHIN SAID AREA PURSUANT TO SECTIONS 10.52.070 AND 10.52.280 (Director of Public Works) The Traffic Engineering/Traffic Division and Police Department have reviewed the traffic safety matter on Main Street near the intersection of Maple Drive and Main Street. It was determined that a two-way left turn lane in this area would enhance safety by providing a buffer area for motorists turning left onto Main Street and those motorists turning left from Main Street into driveways and intersections in the section of Main Street between Maple Drive and Hilltop Drive. Minutes ~ 8 - August l, 1989 George Roberts, t640 Maple Drive, #73, Chula Vista, representing Autumn Hills Condos, noted that he was not speaking against the no parkin~ area; this is a M small problem. His concern was with the new complex built 3ust west of aple Drive. The Drainage from Woodland Village goes out on Main Street, east to Maple Drive then north on Maple to the intersection of Spruce and Maple. The intersection is under water almost daily. At the intersection there is a light pole that projects out about six feet which leaves the area dangerous. Henry Solway, 1640 Maple Drive, #15, Chula Vista, representing Autumn Hill s Condos, stated the two-way left-turn will help a little bit but a long term solution, as stated in staff's report, will be addressed when property on the north side is developed. When this occurs, as a condition of development, staff will recommend that Maple Drive be moved to the west to align with Otay Valley Road to create a standard four-legged intersection. Traffic Engineer Hal Rosenberg stated staff's agreement with Mr. Solway in that when the development occurs the road can be re~aligned. The interim improvement will at least provide a refuge area for travelers turning. As to the water situation, it will be reviewed further. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived, passed and approved with Mayor Cox and Councilman Malcolm out. 18. CITY MANAGER'S REPORT None. 19. MAYOR'S REPORT a. Ratification of appointment of Debra Maurice to the Mobilehome Relocation Task Force MSC (McCandliss/Moore) to approve the ratification (Mayor Cox and Councilman Nader out). 20. COUNCIL CO~ENTS COUNCILMAN MALCOLM: a. Councilman Malcolm questioned who will be paying for the street paving at Bonita Road and E Street. Director of Public Works Lippitt responded that Shell Oil Company has been billed for the work. b. Councilman Malcolm noted his concerns with the sensationalism in news broadcasting as shown recently on ABC television. Minutes - 9 - August l, 1989 COUNCILMAN MOORE: c. Councilman Moore encouraged the public to go visit our new Branch Libraries at Woodlawn Park and Castle Park. Councilman Moore stated that two candidates were not available for the Task Force and recommended Alex Presutti or Gall Johnson to replace John O'Neill. They are ex-Planning Commissioners and well versed in land usage. MSC (McCandliss/Moore) to appoint Gall Johnson and designate a slot for the Chamber of Commerce to appoint a Chula Vista resident and business owner (Mayor Cox, Councilman Nader out). ADJOURNMENT AT 5:31 p.m. to the regular meeting of August 8, 1989 at 7:00 p.m. Respectfully submitted, BEVERLY AUTHELET, CITY CLERK By: ~/-~.~ ~ Alicia Kemp, puty