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HomeMy WebLinkAbout1991/04/23 Agenda "I df.'l"'!~r"" .~~~ -'I' k " , ~1.,;\.J \; UH'_~Cr re!l:), Y Of re!"."E'V t;"J3~ l !',m ert::'!O\'8'~~ by ti',u 0+ C'~:J::; \;"i3"'2 ;!l '~:':a Tuesday, April 23, 1991 6:00 PM G:;'i"~G .,:.,-i ';:hD ei',-,- r'~,.-,: :-:1.! n..;,o ~ :';;~:: ,':: j t:~i::: i-:-:: ,~',-i ,:00 ;';;:'- 1 L:" ; .~\ [~~ ;J;~i~:j';4-;~I-\~~"~:_:~,;:L:::.~~L~i2'~:~:_" Council Chambers Public Services Building Regular MeetinS( of the City of Chula Vista City Council CALLED TO ORDER 1. CAll. THE ROll: Councilmembers Malcolm _, Nader -' Rindone _ and Mayor Pro Tempore Moore _' 2. PLEDGE OF AlLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: March 21, April 9, and April 16, 1991 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the month of April 1991 as "Miniature Rose Month", The proclamation will be presenred to Ms. Susan O'Brien, Co-Owner of the Tiny Petals Nursery. b. Proclaiming the week of May 5-11, 1991 as "Youth Week". The proclamation will be presented to Richard Cannon, Exalted Ruler of Elks Lodge #2011. c. Proclaiming the week of April 22-26, 1991 as "National Secretaries Week" CONSENT CALENDAR (Items 5 through 18) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Counci/member, a member of the public or City stoff requests that the i1em be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Public Hearings and Oral Communications. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNlCATIONS: a. Claims Against the City: Claimant No.1: L. R. Hubbard, c/o Denis Long, Esq., Attorney at Law, 550 West "C" Street, Suite 900, San Diego, CA 92101. Due to remote liability on the part of the City, the City Attorney, Daley & Heft, City claims administrators, Carl Warren & Company, and Risk Management recommend the claims filed by L. R. Hubbard Construction Company be denied. b. Letter requesting Public Hearing on the matter of ordinance number 10.80.010 requiring removal of family vehicles from vacant lot - Raul Valdivia, 157 Carner Street, Chula Vista, CA. AGENDA 2 April 23, 1991 6. ORDINANCE 2452A AMENDING CHAPTERS 19.04 AND 19.48 OF TIiE MUNICIPAL CODE RELATING TO TIiE PROVISION OF COMMUNI1Y PURPOSE FACIUTIES [second readmit and adoption). Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 7. ORDINANCE 2453 AMENDING SECTIONS 2.28.020, 2.28.040, AND 2.28.050 OF CHAPTER 2.28 RELATING TO TIiE BOARD OF ETHICS [second readmit and adoption) - At the April 4, 1991 Board of Ethics meeting, the Board voted unanimously to make changes to various sections of Chapter 2.28 relating to the application of the Ethics Code, unfair and equal treatment section and specific prohibitions contained in the Unethical Conduct section. Board recommends that Council place ordinance on second reading and adoption. 8. ORDINANCE 2454 AMENDING CHAPTER 9.20 TO PRlMARILY TO PRECLUDE SALE OR POSSESSION OF FELT TIP MARKERS BY MINORS, AND TO CHANGE TIiE DESIGNATION OF GRAFFITI-TYPE CRIMES FROM INFRACTIONS TO EITHER INFRACTIONS OR MISDEMEANORS [first readinst) Staff recommends Council place ordinance on first reading. (City Attorney) 9. RESOLUTION 16136 ACCEPTING SERVICE AGREEMENT WITH COUNIY OF SAN DIEGO FOR GRANT FUNDS TO ESTABUSH A MODEL OFFiCE RECYCUNG PROGRAM AND APPROPRIATING FUNDS THEREFOR - In the Fall, City was notified of a $15,000 grant award. However, due to County delays no TAP grant service agreements were delivered until the end of March. Staff has reviewed the service agreement and filed it with the County in order to begin the process for receipt of monies for program start up. Staff recommends approval of the resolution. (City Manager) 4/5's vote required. 10. RESOLUTION 16137 AMENDING FY 1990/91 BUDGET TO UPGRADE (1) SECRETARY POSmON TO ADMINISTRATIVE SECRETARY IN TIiE CI1Y CLERK'S OFFiCE - The 91/92 Budget proposed by the City Clerk requested an upgrade of the Secretary position to Administrative Secretary. While that reclassification was being considered, the incumbent resigned effective April 11, 1991. This situation left the City Clerk with two alternatives: (I) leave the position vacant until the effective date of the reclassification, July 1, 1991; or (2) request an upgrade and revision of the budget so that this position may be filled at the Administrative Secretary level immediately. Staff recommends approval of the resolution to fill vacancy with an Administrative Secretary. (Director of Personnel and City Clerk) 11. RESOLUTION 16138 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF ASPHALT PAVER AND TRAILER - Bids were received and opened for the purchase of one asphalt paver and trailer approved in the FY 90-91 Equipment Replacement Budget. Four bids were received. The paver will be used in Public Works operations. Staff recommends approval of the resolution. (Director of Finance) AGENDA 3 April 23, 1991 12. RESOLUTION 16139 ACCEPTING BIDS AND AWARDING CONTRACf FOR PURCHASE OF CAB AND CHASSIS TRUCK AND STEP/VAN TRUCK - Bids were received and opened for the purchase of two trucks approved in the FY 90-91 Equipment Replacement Budget. Five bids were received. The truck will be used in Public Works operations. Staff recommends approval of the resolution. (Director of Finance) 13. RESOLUTION 16140 ACCEPTING BIDS AND AWARDING CONTRACf FOR PURCHASE OF FRom-END LOADER - Bids were received and opened for the purchase of one front-end loader approved in the FY 90-91 Equipment Replacement Budget. Two bids were received. The equipment will be used by Public Works. Staff recommends approval of the resolution. (Director of Finance) 14. RESOLUTION 16141 APPROVING ADDITIONAL RESIDENfIAL CONSTRUCTION TAX (RCT) CREDITS FOR DISCOVERY PARK IMPROVEMENTS - Rancho del Rey Partnership has submitted a request for $552,124.21 in the RCT credit for the construction of Discovery Park. Staff recommends that Council approve the resolution for an additional $114,124.21 in RCT credit for expenditures eligible for credit. (Director of Parks & Recreation) 15. RESOLUTION 16142 APPROVING AGREEMENT Willi mE COUNTY OF SAN DIEGO - Agreement between Chula Vista and San Diego County relative to the provision of Emergency Medical Technician-Paramedic and Emergency Medical T echnicianlPublic Safety-Defibrillation Services. Staff recommends approval of the resolution. (Fire Chief) 16. RESOLUTION 16143 ACCEPTING BIDS AND AWARDING CONTRACf TO SIGNAL MAINfENANCE, INC. FOR INSTALLATION OF BICYCLE DETECTION LOOPS AT VARIOUS TRAFFIC SIGNAL LOCATIONS IN mE CIlY OF CHULA VISTA - On March 12, 1991, the Director of Public Works received sealed bids for the installation of bicycle detection loops at various locations in the City of Chula Vista. Bids were received from 11 qualified electrical contractors. Staff recommends that Council approve the resolution accepting the bids and awarding the contract to Signal Maintenance, Inc. in the amount of $17,358. (Director of Public Works) 17. RESOLUTION 16144 QillTCLAlMING WATER SERVICE EASEMENT TO OWNERS OF mE PROPERlY AT 1250 TIIIRD AVENUE AND AUTIIORIZING MAYOR TO SIGN DEED - Prior to its annexation to the City, the property which is now Lauderbach Park obtained its water service from the water main located in Third Avenue. This necessitated the granting of an easement through the property adjacent to the east. Since that time, however, the water service has been relocated to the Oxford Street side of the property. The subject easement is no longer needed and may be quitclaimed back to the owners. Staff recommends approval of the resolution. (Director of Public Works) AGENDA 4 April 23, 1991 18. RESOLUTION 16145 APPROVING AN AGREEMENT WITIi DOMINY AND ASSOCIATES ARCHITECfS FOR ARCHITECfURAL DESIGN SERVICES REQUIRED FOR TIlE RANCHO DEL REY FIRE 1RAINING TOWER LOCATED AT H STREET AND PASEO RANCHERO - The Engineering Division sent requests for letters of interest and statement of qualifications for professional architectural design services for the Rancho del Rey Fire Training Tower. Four firms responded and after evaluation of the qualifications by a selection committee, three firms were selected for interviews. Based on the analysis of the proposals and interviews, the selection committee made up of Engineering, Fire, and Administration staff recommends that the contract for design of the Rancho del Rey Fire Training Tower be awarded to Dominy and Associates. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The follawing items have been advertised and/or posted as publii: hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the stJIjf recom.mendJltion; complete the pink form to speak in opposition to the stJIjf recommendntion.) Comments are limited to five milwtes per individual. The meeting will adjourn to a joint Council/Redeve1opment Agency meeting to discuss the following: 19. PUBUC HEARING A RESOLUTION 1165 CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 52 FOR CONSTRUCTION OF 245,000 SQUARE FOOT OFFICE BUILDING AT 850 LAGOON DRIVE - COUNCIL ITEM - Public hearing to consider a Coastal Development Permit for the construction of a 245,000 square foot office building on 850 Lagoon Drive. In addition, Council will consider certification of environmental documents and adoption of a statement of overriding consideration and mitigation monitoring program. Staff recommends Council hold public hearing, approve Coastal Development Permit, certify environmental documents, adopt statement of overriding consideration and mitigation monitoring program. (Director of Community Development) Continued from the meeting of 04/16/91. APPROVING OWNER PARTI<JPATION AGREEMENT BF/OP NUMBER 03 WITH ROHR INDUSTRIES TO CONSTRUCT AN OFFICE BUILDING AT 850 LAGOON DRIVE, CERTIFYING EIR-90-10 AND ADDENDUM THERETO, ADOPTING CEQA FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATION AND A MITIGATION MONITORING PROGRAM, AND APPROPRIATING $150,000 TO TIlE BAYFRONT FINE ARTS ACCOUNT - REDEVELOPMENT AGENCY ITEM - This item does not require a public hearing, but is related to the public hearing. Resolution to approve an Owner Participation Agreement with Rohr Industries for the construction of a 245,000 square foot office building on 850 Lagoon Drive. In addition, the resolution will certify environmental documents and adopt a statement of overriding consideration and mitigation monitoring program. Staff recommends that Council certify environmental documents, adopt statement of overriding consideration and mitigation monitoring program, AGENDA 5 April 23, 1991 and approve the Owner Participation Agreement. Continued from the meeting of 04/16/91. 4/5's vote required. B. RESOLUTION 16135 CERTIFYING E1R 90-10 AND ADDENDUM lHERETO, ADOPTING CEQA FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATION, ADOPTING MITIGATION MONITORING PROGRAM, ADOPTING FINDINGS FOR A HElGHf AND SIDE YARD SETBACK VARIANCE, ENTERING INTO A PARKING AGREEMENT WITH ROHR INDUSTRIES AND FINDING ROHR INDUSTRIES PROPOSAL TO CONSTRUCT A 245,000 SQUARE FOOT OFFICE BUILDING IS CONSISTENT WITH TIlE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM, AND APPROVING ISSUANCE OF COASTAL DEVELOPMENT PERMIT NUMBER 52 The joint Council/Redevelopment Agency meeting will adjourn and the Council meeting will reconvene. 20. PUBlJC HEARING MATTERS RELATED TO ADOPTION OF TIlE CITY'S GROWIH MANAGEMENT PROGRAM - The Growth Management Program and implementing ordinances will create a comprehensive system to manage future growth by directing and phasing development in order to guarantee the timely provision of public facilities and services. The ordinance to establish the Growth Management Oversight Commission will replace the original resolution adopted by Council in 1987. (Director of Planning) Continued from the meeting of April 9, 1991. A. ORDINANCE 2448 AMENDING TITLE 19 OF TIlE CHULA VISTA ZONING CODE BY ADDING CHAPTER 19.09 FOR TIlE PURPOSE OF MANAGING TIlE CITY'S GROWIH (first readinl!") B. RESOLUTION 16101 ADOPTING TIlE GROWIH MANAGEMENT PROGRAM C. ORDINANCE 2447 ADDING CHAPTER 2.40 TO TIlE CHULA VISTA MUNICIPAL CODE RELATING TO CREATION OF TIlE GROWIH MANAGEMENT OVERSIGHf COMMISSION (first readinl!") - The ordinance does not require a public hearing but is related to the above items. (City Attorney) Continued from the meeting of April 9, 1991. 21. PUBlJC HEARING AMENDING TIlE CHULA VISTA MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES - Said fees have not been adjusted for three years. Costs for acquiring land and developing parks have increased steadily, necessitating the proposed increase in fees charged to developers for said City park acquisition and development. Staff recommends approval of the resolution. (Director of Parks and Recreation) Continued from the meeting of April 2, 1991. RESOLUTION 16146 APPROVING AN INCREASE IN PARK ACQUISITION AND DEVELOPMENT FEES - Staff recommends approval of the resolution. (Director of Parks and Recreation) AGENDA 6 April 23, 1991 ORAL COMMUNlCATIONS This is an opportunity for the general public to address the City Cowu:iI 011 any subjea matter within the Cowu:iI's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to spea/<, prease give your 1IIl1tIe and address for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS "The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes." 22. ORDINANCE 2451 ADDING CHAPTER 2.31 AND AMENDING CHAPTER 9.50 OF TIlE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILE HOME PARKS RENT REVIEW COMMISSION (first readimtl . At the present time, the City has a rent arbitration ordinance which provides a mechanism for park residents to appeal a rent increase when the increase exceeds the percentage increase of the Consumer Price Index for any twelve month period. The recommended Municipal Code changes address issues relating to the efficacy of the ordinance. (Director of Community Development) Continued from the meeting of 04/16/91. 23. RESOLUTION 16147 ADOPTING A REVISED COUNCIL POUCY FOR TIlE INSTAlJ.ATION OF AlJ.rWAY STOP SIGNS - The City Council at its August 14, 1990 meeting, during discussion of the Oleander Avenue and East Oxford Street traffic problem indicated a need to modify the existing all.way stop policy to allow more emphasis on school age pedestrian activity areas. In response to this concern, staff has prepared a revision of the City's all.way stop policy that provides greater emphasis on pedestrian activity areas. Staff recommends approval of the resolution. (Director of Public Works) 24. REPORT ON TRAFFIC CONCERNS FOR OLEANDER AVENUE BETWEEN EAST PALOMAR STREET AND EAST ORANGE AVENUE . Residents in the area of Oleander Avenue between East Palomar Street and East Orange Avenue have requested that measures be taken to reduce vehicular speeds on Oleander Avenue. Staff recommends Council approve the installation of additional 25 mph speed limit signs and additional of 25 mph pavement markings adjacent to the speed limit signs on Oleander Avenue. (Director of Public Works) AGENDA 7 April 23, 1991 PUBUC RELEASE OF TI-IE CONFIDENTIAL REPORT OF TI-IE CITY ATTORNEY REGARDING LEGAL RISKS ASSOCIATED WITH TI-IE ENACfMENT OF A TRENCH FEE MORATORIUM - Staff recommends Council defer release of confidential reports of the City Attorney relating to a trench fee prohibition bearing meeting dates of January 15, 1991 and March 21,1991 for a period of four months unless Council reconsiders the issue prior thereto, and the meantime advise the public that in those prohibition on the ability of a developer to impose fees for occupancy of main utility trenches involved legal risks for which the City should be adequately indemnified. (City Attorney) 25. REPORT 26. REPORT ON PROPOSAlS FOR DEVELOPMENT OF CITY OWNED PROPERTY AT 4400 BLOCK OF BONITA ROAD - This report is regarding proposals for development of a three-acre parcel adjacent to the Municipal Golf Course. Staff recommends that the City Council direct staff to bring forward an exclusive negotiation agreement with Joelen Enterprises for hotel development on the site. (Director of Community Development) Continued from the meeting of 04/16/91. OTI-IER BUSINESS 27. BOARD AND COMMISSION RECOMMENDATIONS: None 28. ITEMS PUlLED FROM TI-IE CONSENT CALENDAR - This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. 29. CITY MANAGER'S REPORTCS) a. Scheduling of meetings. 30. MAYOR'S REPORTCS) a. Ratification of Appointments to Bayfront Subcommittee b. RESOLUTION 16148 REQUESTING COMMISSIONERS OF SAN DIEGO UNIFIED PORT DISTRICT APPROPRIATE FUNDS FOR IT 1991-92 CAPITAL IMPROVEMENT PROJECIS AND ESTABUSH A STRATEGIC PLANNING COMMITTEE TO DEVELOP A FULL S-YEAR CIP PROGRAM - 4/S', vote required. c. ORDINANCE 24SS AMENDING VARIOUS SUBSECTION OF SECTION 2.48.200 OF TI-IE MUNICIPAL CODE TO REQUIRE VOTING MEMBERS OF TI-IE MONTGOMERY COMMUNITY PLANNING COMMITTEE TO BE RESIDENTS OF TI-IE MONTGOMERY AREA (first readinl!:) AGENDA 8 April 23, 1991 31. COUNCIL COMMENTS Councilman Malcolm: a. Legislative Communication: Legislation Prohibiting Release of Names of Rape Victims both on State and Local Levels b. Legislative Analysis: 1. Requires Council Action SB 716 (Killea) - San Diego/Coronado Bridge: Tolls. Staff recommends Council support. n. Addressed bv Lei!islative Proi!tam thus Requires no Council Action 5B 1155 (Bergeson) - Redevelopment: Special Supplemental Revenue. Staff recommends oppose. AB 315 (Friedman) - Redevelopment: Low and Moderate Income Housing. Staff recommends oppose. AB 1865 (Houser) - Redevelopment: Sales and Used Tax. Staff recommends oppose. 5CA 11 (Morgan) - General Obligation Bonds - Staff recommends support. 5B 82 (Kopp) - Property Tax: Revenue Increase to Cities by Closing Loophole for Business Properties that Change Ownership. Staff recommends support. 5B 445 (Deddeh) - Cost Recovery for Removal of Asbestos in Public Buildings. Staff recommends support. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Pendergraft versus City of Chula Vista, et al. Pending litigation pursuant to Government Code Section 54956.9 - Alicia Flores versus City of Chula Vista, et al. Approve an appointment by the City Manager in accordance with Section 500(a) of the Chula Vista Charter The meeting will adjourn (closed session and thence to) the Regular City Council Meeting/Work Session on April 25, 1991 at 4:00 PM in the City Council Conference Room.