HomeMy WebLinkAbout1991/04/23 Agenda
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6:00 PM
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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.