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HomeMy WebLinkAboutcc min 1997/09/09MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, Sq~tember 9, 1997 6:04 p.m. 1. ROLE CALL: PRESENT: ABSENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers: Moot, Padilia, Rindone (arrived at 6:30 p.m.), Salas, and Mayor Horton. Councilmembers: None City Manager, John D. Goss; City Attorney, John M. Kaheny; and City Clerk, Beverly A. Authelet. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOi~IENT OF SILENCE 3. APPROVAL OF MINUTES: August 19, 1997 and August 26, 1997. MSC (Horton/Padi!la) to approve the minutes as listed. Motion carried 4-0-1 (Rindone absent). 4. SPECIAL ORDERS OF THE DAY: a. Approving Resolutions of Cmnmendation to the ~fllnwing Board and Commission Members who have retired: (h~dividual Resolutions will be presented during the Annnal Board and Conunission Celebration scheduled fbr Saturday, September 13, 1997. ) Charter Review Commissiun, Sharon Reid; Cbild Care Commission, Nancy Cavanah; Cultnrai Arts Cmnmission, Melody Cernitz and Cados Pelayo; Design Review Cmnmitt~, Richard Duncanson; Ecnmnnic Develnpment Cmnmission, Patty Davis; Grnwth Management Oversight Commission, Eli~beth Allen; Librat)' Board of 'Fruste~, Ronald E. Willtams; Human Relations Commission, John Allen; Mobilehome Rent Review Cmnmissim~, Carl Grieve; Platoring Cnmmissim~, William Tuchscher; R~ource Conservation Cammission, Barbara Hall; and Safely Commission, Robert Smith. MSC (Horton/Padilla) in approve tile Resulutions of Commendation. Approved 4-0-1 (Rindone absent). b. The Mayor presented a prt~cl.'mmtion to Rod Davis, Executive Director of the Chamber of Commerce, and David Ward, President of the Chamber of Commerce, proclaiming Saturday, Septetnber 20, and Sunday, September 21, 1997 as "Chula Vista Harbor Days." c. (Added item). Mayor Horttm presented a Proclamation to Joe Lerma, Sergeants Fleet Association, expressin~ congratulations to the United States Air Force on their Fiftieth Anniversary. CONSENT CALENDAR (ltons pulleel: Nond CONSENT CALENDAR OFFERED BY MAYOR HORTON, beadin~s read, texts waived, passed and approved 4-0-I (Rindnne absent). Minutes September 9, 1997 Page 2 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 8/26/97 in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. The letter ~vas received and filed. b. Letters of resignation from: the Cultural Arts Couunission, Coleen A. Scott; Safety Commission, Scott J. Bierd; and Youth Commission, Katherine Kemp. Resignations were accepted ~vith regrets, and the City Clerk was directed to post immediately according to the Maddy Act in the Clerk 's Office and the Public Library. 6. RESOLUTION 18768 APPROVING REQUEST FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT BONITAFEST AND BONITAFEST PARADE - The Bonita Business and Professional Association is requesting permission to conduct the 251h Annual Bonitafest Parade on Saturday, 9/27/97. Staff recommends approval of the resolution. (Chief of Police) Councilmember Rindone expressed that he l~lt it was appropriate that all councihnembers have lnatching signs. He asked his colleagues to .join him and requested that their Assistant contact those who don't have signs, so we could have matching signs. He also suggested that the City logo he inchideal. Councilmember Salas stated that this was a good suggestion because dnring the Yule Tide parade last year~ it looked silly with some members of the Council having professional signs while others had homemade signs. 7. RESOLUTION 18769 AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 13 AND 14, 1997 FOR THE ORANGE CRATE DERBY - The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission for a temporary street c[osnre on Rancho del Rey Parkway on 9/13 and 9/14/97 to conduct their 18th Annum Orange Crate Derby. Staff recommends approval of the resolution. (Chief of Police) 8. RESOLUTION 18770 ACCEPTING BIDS AND AWARDING CONTRACT TO SELECT ELECTRIC, INCORPORATED FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTIONS OF BUENA VISTA WAY/TELEGRAPH CANYON ROAD (CIP NO. TF-241), AND AT OTAY LAKES ROAD/RUTGERS AVENUE (CIP NO. TF-247) - On 8/13/97, sealed bids were received from two electrical contractors fbr the installation of traffic signals at the intersections of Buena Vista Way/Telegraph Canyon Road and Otay Lakes Road/Rutgers Avenue. A low bid of $138,890 was received for both projects from Select Electric, Incorporated. Staff recommends approval of the resolution. (Director of Public Works) * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS · Ana Bravo, representing Wal-Mart, 75 N. Broadway, Chula Vista, stated that they, together with the Olympic Auto Sales, was desirous of condncting a three or four day automobile tent sale to be conducted in the parking lot of the Chula Vista Wal-Mart store. They wanted to know if there was a way to amend the City's zoning ordinance to allow this. A .joint donation will be made to the Children's Miracle Network, a medical charity for children. Mayor Horton stated that this wotdd be ret~rred to staff fbr them to come back with a report. September 9, 1997 Page 3 · Lowell Billings, 1301 Oleander, Chula Vista, representing the Boys and Girls Club of Chula Vista, reported on the 1997-98 budget. He stated that all bills were current and that the "L" Street thcility will remain open. · Clara Putnik, 916 Avenida Ysidora, Chula Vista, representing senior citizens. She presented a petition requesting that the Parkway Plunge remain open year round tbr the tbllowing reasons: (1) residents who utilize the pools on a regular basis prefer Parkway to Loma Verde because of its central location and more comfortable swimmng conditions (e.g. water temperature and less wind chill during the winter); (2) many of their regular swimmers were seniors who have difficult transporting to Loma Verde when Parkway is closed, thus their exercise programs are eliminated; and (3) based upon the higher fees imposed by tile city, they t~lt they should have a voice in selecting which thcility would remain open. Mayor Hotton stated that they would have staff look into this and report back to the Council in two weeks. · Frank Fuentes, 1000 National City BIrd, National City, 91950, representing Olympic Auto Sales, stated they wonld need to get a permit frmn the City to hold a tent sale in the Wal-Mart parking lot. He urged Council's support in this request. * * * Councilmember Rindone arrived at 6:30 p.m. * * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT-OF-WAY AT VARIOUS LOCATIONS IN THE CITY AS LISTED FOR THE CONSTRUCTION OF THE SUNBOW II OFF-SITE SEWER - The City needs to acquire off-site easements for sewer and has made thir market offers to nine property owners. It is reconunended that commencement of condemnation proceedings be authorized in case some property owners do not accept the offer. Staff reconunends approwd of the resolution. (Director of Public Works) RESOLUTION 18771 FINDING AND DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES AND SEWER AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS THEREIN FOR PUBLIC SEWER IIMPROVEMENTS AND APPURTENANCES THERETO FOR THE SUNBOW II OFF-SITE SEWER EASEMENTS PROJECT Cliff Swanson, Deputy Director of Pubtic Works/City Engineer, stated that the purlx~se was to hold a public hearing and take testimony in the acquisition of rights-of-way at various locations m the City liar construction of the Sunbow II off-site sewer. The developer had attempted to negotiate with several property owners and has been unsuccessfhl in doing so. Thereti~re, the developer has requested the City proceed with eminent domain procedures to acquire the rights~of-way ti-on~ these property owners. Based upon the fhcts presented and contained in the report, Council needed to find: (1) that the public intere~4t and necessity require the project, (2) the project is planned or located in a manner that will be most compatible with the greatest public good and least private injury, and (3) the property sought to be acquired is necessary Ii~r the pro. ject and offers were m,'tde to the record owners. Mr. Swanson requested that Council accept the staff report into evidence ti~r the public hearlug. This being the time and place as advertised, the pnblic hearing was declared opened. Addressing Council were: · Junious Blake, 1469 Grove Road, El Cajon, 92020, spoke regarding the property at 1158 Main Street. He was opposed to the acquisition of a portion of his property. It will cause his family more private injury. Sererid years ago when Main Street was widened and elevated, his property was put into a hole which lessened its value and caused development problems. Also, they were not adequately compensated for the acquisition of his property or the lessening of its value. This proposed acquisitiou will ouly ~n'ther lower the property value, make development ulore difficult, and ~nake the i~roperty less attractive to any perspective buyers. He did not feel that the City's financial or'tin- was thir. trilllutes September 9, 1997 Page 4 ® Oriel Gene Rice, 1671 Maple Drive, Chula Vista, 91911, spoke regarding Lot 96 on the map. This would make the fourth easement through his property. He was not totally opposed to turning the property over to the City, but he did not like the way that he was intimidated by the developer. In the area behind his home, he has had a number of illegals there. He has had to clean up the area, because the City does not maintain it like they are supposed to. In order for him to go along with this, he would like to have the City install a ten tbot high fence on that alleyway to keep the illegals out. Access would be needed to the property, so he requested that a concrete-type road be built with large rocks, so the illegals couldn't sleep on it but City trncks could have access in order to maintain the area. He did not have a problem with the money offered. Mayor Horton asked staff to identity the area where the ten fbot high fence has been requested. Mr. Swanson pointed out the area on the map which was displayed. Staff has agreed to install a ten foot gate so that people cannot jnmp over the existing small f~nce and get into the channel area. There being no one else indicating a desire to address the Council, the public hearing was closed. RESOLUTION 18771 OFFERED BY COUNCILMEMBER PADILLA, beading read, text waived, passed and approved 5-0. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 10.A. RESOLUTION 18772 SUPPORTING THE ESTABLISHMENT OF A FRIENDS OF THE CHULA VISTA LIBRARY DESIGNATED ENDOWMENT FUND AT THE SAN DIEGO COMMUNITY FOUNDATION - On 8/19/97, the Friends of the Chula Vista Library w>ted to establish a Designated Endowment Fund with the San Diego Community Foundation and donate $15,000 to the fund. In establishing the fitnd, the Friends will designate the Chula Vista Public Library as the beneficiary and dividends from this fund will be restricted to the acquisition of library materials. Staff recommends approval of the resolutions. (Library Director) B. RESOLUTION 18773 AUTHORIZING THE TRANSFER OF $15,000 FROM THE LIBRARY DONATIONS ACCOUNTS AND THE DEPOSIT OF FUTURE UNDESIGNATED GIFTS OVER $499 INTO THE DESIGNATED ENDOWMENT FUND C. RESOLUTION 18774 APPROVING THE INSTALLATION OF DONOR RECOGNITION PLAQUES AT THE CIVIC CENTER/MAIN LIBRARY Staff report presented by David Pahner, Library Director. He stated that over the last two years, the staff, the Friends, and the Board have struggled with how to best establish a lasting, pernmnent financial legacy lbr the Chula Vista Public Library. This is the proposal that they have come up with. Mayor Horton asked if we would have so~ne type of local control on how the money was invested. Mr. Palmer replied that the money becomes the property of the San Diego Community Foundation, and the control of it in perpetuity. The principal is never touched; they have an investment committee made up of members of their board and other parties. They in turn hire investment firms who specialize in various types of investment. Councilmember Salas asked if we were going to have representation on the San Diego Foundation Board. She stated that this has been an issue of contention with our collaborating with other organizations that even though they are an integral part, we don't have Board representation. This was one cff the things she would like to see explored ivlulnltes September 9, 1997 Page 5 further to make sure that we do have adeqnate representation on the San Diego Foundation Board in proportion to our involvement. Addressing Council were: Harry LaBore, 960 Myra Avenue, Chula Vista, 91911, President of the Chula Vista Friends of the Library, requested suppo,'t tbr the item. · Constance Byram, 3605 Bonita Verde Dr., Bonita, Library Board Chair, asked fbr Council's support for the establishtnent of the designated endowment fund. Councihnember Rindone asked what was the purpose of the condition that no disbursements or funds would be made to the Chula Vista Public Library until the year 2006 or until we reach $250 million. Mr. Pahner replied that this was a condition established by staff in order to have a cash flow to provide sufficient funds to make a difference to the Library in providing materials and services. RESOLUTIONS NO. 18772, 18773, 18774 OFFERED BY COUNCILMEMBER SALAS, headings read, texts waived, passed und approved 5-0. ITEMS PIlLLED FROM THE CONSENT CALENDAR (No items were pulled from the Consent Calendar) OTHER BUSINESS 11. CITY MANAGER'S Rli;PORT(S) · Mr. Goss reminded Council that Thnrsday, September 11, was the regtdar monthly workshop. The subjects for consideration will be the Goals and preparation of the City Managc,"s recruitment brochure. ® Mr. Goss inlb,'med Council that Public Works has run into problems with the Sewer Rehabilitation, Phase VII project in the 100 block of Glover Court which will require a Change Order. 12. MAYOR'S REPORT(S) · Mayor Hotton stated she had the opportunity to attend the California/Nevada code administration meeting. It was a meeting on the new 619 area code boundaries. There are several boundary options being proposed. The major concerns coming ti'om the different cities were that some cities were being divided by the boundaries. Fortunately l~>r Chttla Vista, we don't have that problem. Another staggestion was to increase the numbers from our current seven digit ntm~ber to ten digit numbers. The public will have the opportunity to attend public hearings scheduled throt,ghout the Cotmty. · Mayor Hotton announced that the City of Chula Vista will be hosting a free household hazardous waste drop off event on Saturday, October 18, 1997 fron~ 9:00 a.m. to 1:00 p.m. at Marina Parkway and "G" Street. She requested staff tu highlight this on the Wednesday broadcast. ® Designation of voting delegate and voting alternate tbr League of California Cities' Annual Conference scheduled ti>r Stmday, October 12 through Tuesday, October 14, 1997 in San Francisco. MSUC (Mnut/Pudilla) to appoi,~t the Mayre- as the voting delegate and Cmmcilmember Salas as the alternate. IV] Inutes September 9, 1997 Page 6 13. COUNCIL COMMENTS Councilmember Rindone: · Car thefts from Chula Vista Shopping Center. Having not seen anything since Augnst 13, Councilmember Rindone was concerned as to what was being done. On the downside, he was still concerned that many of the management efforts and recommendations still have not been implemented. On the positive side, he was pleased to see the Street Action Team and the Regional Auto Theft Task Force were taking a look at what they can do to provide the plain clothes snpervision and efforts so we can address this issue. The purpose tbr putting this on the Agenda was to highlight this and request staff to keep Conncil informed as to what actions were being taken. Mayor Horton added that she asked staff to send out the original memo dated August 13 because she saw a newscast and was concerned. Our police officers bad already been in the process of working with the Shopping Center management team and some of the snggestions have been embraced. However, there are some suggestions which are not t~asible for them to implement such as pntting in gates and t~nces. A meeting has been set np with Mr. Richardson and the management team from the Shopping Center to fiu'ther communicate and have a better dialogae with our police department so we can get a better handle on what is going on. James Zoll, Police Captain of Patrol, added that they were still in contact with the management team from the Shopping Center. They have another meeting scheduled, and they are still talking abont different options. · Constitutional initiative to redistribute sales taxes. Councihnember Rindone stated that this is a big issue which is paramount to cities as we look at bndget times and at resources. He stated there have been a nnmber of State take-aways that have not been retnrned to the cities. Then the cities have been left to scrounge for fimds and resources in order to do basic services snch as fire, police, and street maintenance. This proposal is to look at an initiative of how to increase thnds tier cities without a tax increase and without any new fhnds but to provide from the current sales tax funds lbr those m{mies to be returned to the local entities. This proposal is an initiative to redistribute one cent of the sales tax to the local co~nmunities. He requested that staff bring back the resolution next week for Council's consideration. Conncilmember Moot stated that this is a topic which has come up heft>re and one which he has snpported. It would be beneficial if, in addition to the resulution, the City Manager's office could advise the Council as to who the actual proponents of the initiative are and snme intbrmation about thein. Councilmember Padilia · Ratification of appointment to Mobilehome Rent Review Commission - Dennis J. Rowley. MSC (Padilla/Salas) to appoint Mr. Rowley to the Mobilehome Rent Review Commission. Motion carried 4-1 (Horton voting no). The meeting will adjourned at 7:30 p.m. ADJOURNMENT Resp fidly su~.i.ed,~_.~ ~Yuthelet, CMC/AAE City Clerk