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HomeMy WebLinkAboutcc min 1996/02/13MINUTES OR A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 13, 1996 6:08 p.m. Council Chambers Public Services Building CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone (arrived at 7:30 p.m.), and Mayor Horton John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: February 6, 1996 (Regular City Council Meeting), February 6, 1996 (Joint Meeting of the City Council Redevelopment Agency), and February 6, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency) MSUC (Horton/Alevy) to approve the minutes of February 6, 1996 (Regular City Council Meeting), February 6, 1996 (Joint Meeting of the City Council Redevelopment Agency), and February 6, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency) as presented. 4. SPECIAL ORDERS OF THE DAY: a. State of the City Address by Mayor Hotton. Mayor Horton introduced former Mayor and present County Supervisor Greg Cox, San Diego Port Commissioners Frank Urtasun and David Malcolm, President of the Chula Vista Chamber of Commerce Chris Lewis, Executive Director of the Chula Vista Chamber of Commerce Rod Davis, former Mayor Tim Nader, former Councilmembers Len Moore and Bob Campbell. The Mayor's Leadership Award for Excellence in Community Service was presented to Len Moore in recognition of his dedication and commitment to the Senior Volunteer Patrol. A copy of the State of the City Address is on file in the City Clerk's Office. * * * Council recessed at 6:35 p.m. and reconvened at 7:30 p.m. * * * b. Proclamation recognizing McMillin Companies upon the groundbreaking of the Tour d'Elegance. The proclamation was presented by Mayor Pro Tern Moot to Mark McMillin, President of McMillin Companies and Ian Gill, President of the Building Industry Association (BIA). CONSENT CALENDAR (Items pulled: 5b and 7) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a result of deliberations that occurred in Closed Sesion on 2/6/96, the City Council authorized settlement of a claim the City had in connection with the Leo Albert Estate in the amount of $50,000. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be accepted and filed. Minutes February 13, 1996 Page 2 b. Letter from Bettie Warren requesting that the City Council overturn a decision of the Risk Management Division to deny her request for reimbursement of a $150 tree removal bill. It is recommended that Ms. Warren's request be received and filed. Pulled from the Consent Calendar. Councilmember Padilia stated it was his understanding that under normal circumstances the removal would have been the City's responsibility had Ms. Warren notified the City, He did not want to set a precedent, but it was the City's responsibility in the first place. Ms. Warren was unaware of what action to take. Mr. Goss stated the item was brought to Council because of the practice and policy of the City in the past regarding such an item. He felt there were equity arguments that could be made and was a policy issue. Councilmember Alevy agreed with Councilmember Padilia as he was not aware the City had a removal policy. From the description of the property he felt there was a safety issue, therefore, he felt Ms. Warren should be reimbursed and the citi~ns should be told that there was an existing policy. Councilmember Padilla felt that verification would not be difficult for claims submitted. He hoped the existing policy allowed Council review on a case-by-case basis. There was a legitimate equity issue and he felt Ms. Warren should be reimbursed. Councilmember Rindone stated staff was fi>llowing the current policy, but because it was an emergency and safety issue it was a unique situation. He wanted to have staff review the policy regarding emergency situations and pay up to what the City's cost would have been to respond. He felt that staff could handle those situations administratively. MSUC (Padilla/Alevy) to direct staff to refund $150.00 to Ms. Warren. Councilmember Moot stated he voted for the motion with the understanding that the policy would be referred back to staff as requested by Councilmember Rindone. 6. ORDINANCE 2663 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING A SPEED LIMIT OF 35 MPH ON NORTH GREENSVIEW DRIVE FROM CLUBHOUSE DRIVE TO HUNTE PARKWAY AND ADDING THIS LOCATION TO SCHEDULE IX (first readinl~) - Construction in the EastLake Greens subdivision has created several miles of new streets to be opened to the public. The City Engineer has determined the need to establish a posted speed limit on North Greensview Drive between Clubhouse Drive and Hunte Parkway. Staff recommends Council place the ordinance on first reading. (Director of Public Works) 7. RESOLUTION 18208 APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF CHULA VISTA FROM THE CITY OF SAN DIEGO - On 9/12/95, Council considered a report which discussed the property transfer from the City of San Diego of 7 parcels totaling 57.40 acres of real property using grant funds from the State Coastal Conservancy. The State Coastal Conservancy requires the property transfer be done by resolution. Staff recommends approval of the resolution. (Director of Parks and Recreation) Pulled from the Consent Calendar. Councilmember Rindone stated he was concerned with the fiscal impact portion of the staff report. It was his belief that the resolution would not incur costs, but there would be a loss of the property tax income. He requested that staff include any potential loss of income in the future. RESOLUTION 18208 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 8. RESOLUTION 18209 APPROVING THE SUBMITTAL OF ONE APPLICATION FOR THE FISCAL YEAR 1996/97 2% NON-MOTOR1ZED TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX (TRANSNET) FUNDS - The City annually submits an updated list of projects Minutes February 13, 1996 Page 3 for inclusion in the seven-year implementation program of the non-motorized element of the Regional Transportation Improvement Program. Official applications must be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding. Staff recommends approval of the resolution. (Director of Public Works) 9.A. RESOLUTION 18210 APPROVING FINAL MAP OF TRACT 96-02, EASTLAKE SOUTH GREENS UNIT 12, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOT GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - Council approved the Tentative Subdivision Map for Tract 96-02 on 12/19/95; the Tentative Subdivision Map for Tract 88-3 on 7/18/89; and the amended Tentative Map 88-3A on 8/16/94 and imposed additional conditions of approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18211 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS, UNIT 12 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER 15200, 17618 AND 18170 AND AUTHORIZING THE MAYOR TO EXECUTE SAME * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING REVIEWING AND ADOPTING THE COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN CONSISTING OF THE COUNTYWIDE SUMMARY PLAN AND SITING ELEMENT - The final draft of Countywide Summary Plan and the Countywide Siting Element must be approved by the San Diego Association of Governments (SANDAG) prior to distribution to and approval by local jurisdictions. SANDAG has postponed their approval to provide an opportunity for additional public comment. The documents are expected to be approved for distribution in March of this year and could be noticed for review and approval by the cities and the County of San Diego in April. Staff recommends the item be pulled and re- noticed when SANDAG approves distribution. (Conservation Coordinator) MSUC (Hortnn/Alevy) to continue the public hearing and renotice when SANDAG approves distribution. 11. PUBLIC HEARING CONSIDERING ENACTING A GAMING PLAN PURSUANT TO CHAPTER 5.20 OF THE MUNICIPAL CODE - On 11/28/95, Council approved certain amendments to Chapter 5.20 of the Municipal Code regarding cardrooms. The changes allow any form of gambling in Chula Vista that is allowed at any other location within the state subiect to further regulation under a Chula Vista Gaming Plan. Staff recommends approval of the resolution. (Chief of Police, City Attorney, and Director of Planning) Continued from the meeting of 1/23/96. RESOLUTION 18212 ADOPTING A GAMING PLAN WHICH WOULD ALLOW PAI GOW AND SUPER PAN 9 TO BE PLAYED AT CARDROOMS SUBJECT TO CERTAIN RESTRICTIONS, AND MAKE OTHER CHANGES IN THE HOURS AND DAYS OF OPERATION, MAXIMUM BETS, INCREASING BUSINESS LICENSE TAX, AND ALLOWABLE HOUSE CHARGES PER TABLE MS (Horton/Moot) to continue the public hearing to the meeting of 2/20/96. Councilmember Rindone requested that when the item was brought back to Council that staff include an analysis of the maximum per hand and what impact it would have on income while ensuring that there were reasonable limits. VOTE ON MOTION: approved unanimottsly. Minutes February 13, 1996 Page 4 12. PUBLIC HEARING DRC-94-24, APPEAL OF THE PLANNING COMMISSION DECISION TO DENY THE INSTALLATION OF A 3 FOOT HIGH, 16 FOOT WIDE GATE ACROSS LA COSTA AVENUE DIVIDING THE EASTLAKE GREENS NEIGHBORHOODS KNOWN AS MASTERS COLLECTION AND BRISTOLWOOD, BREHM INVESTMENTS INC. - The appeal requests permission to install a 3 foot high gate across La Costa Avenue to prevent continuous vehicular circulation between the EastLake Neighborhoods known as Master Collection and Bristolwood, and reduce potential liability for Bristolwood homeowners. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 2/6/96. RESOLUTION 18206 DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY THE INSTALLATION OF A 3 FOOT HIGH GATE ACROSS LA COSTA AVENUE, A PRIVATE STREET WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY Robert Leiter, Director of Planning, informed Council that the item was considered at the 2/06/96 meeting and at that time had been continued to the 2/27/96 meeting. It had inadvertently been placed on the agenda. MSUC (Horton/Padilla) to continue the public hearing to the meeting of 2/27/96. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION 1TEMS 13. RESOLUTION 18213 APPROVING INCREASE IN ADVANCED LIFE SUPPORT (PARAMEDIC) SERVICE RATES FOR HARTSON MEDlCAL SERVICES IN THE CHULA VISTA EXCLUSIVE OPERATING AREA - The existing agreement with Hartson Medical Services allows Hartson to request rate adjustments on an annual basis, subject to certain limitations. The last adjustment was approved on 10/22/91. Hartson is requesting an 8 % increase in their rate schedule, effective immediately, and Hartson is advising that the "Assessment Only" component has been voluntarily reduced by 55.6%. The resulting rate structure would still maintain Chula Vista/Bonita Base and Mileage rates as the lowest Hartson charges in San Diego County. Staff recommends approval of the resolution. (Director of Finance and Fire Chief) · Leta Boyle, 596 Fourth Avenue, Chula Vista, CA, introduced her son Kevin and stated had it not been for Hartson's and the paramedics Kevin may not be alive. · Emerald Randolph, P.O. Box 17, Jamul, CA, Program Director for C.A.S.T., stated the 56 volunteers had worked very closely with Hartson's during their 585 calls. Hartson's, more than any other first responder, spent their time on the scene of death and/or dying. They were extremely well trained and competent. Their services were valuable to individuals and the community and she urged Council support of their request. Councilmember Alevy stated Chula Vista had the lowest rates in the county and Hartson's was an excellent community citizen. RESOLUTION 18213 OFFERED BY COUNCILMEMBER ALEVY (on behalf of Kevin Boyle), reading of the text was waived. Councilmember Rindone stated every time there was a potential rate increase it was a tough issue, but he was pleased that the report noted that there was "compelling" evidence supporting Hartson's rate increase. It was not an automatic increase. Minutes February 13, 1996 Page 5 Councilmember Padilia stated that 90% of the time they were at or below the Advanced Life Support Emergency Call Threshold set by the City. He felt that was very impressive and hoped they would continue with such high service. He supported the staff recommendation as the request for an increase was well documented. Councilmember Moot questioned how those that were not financially able to pay the increase would be impacted. ® Michael Murphy, Acting CEO, Hartson's Medical Services, introduced Brian Craig, Director of the Paramedic Program. Mr. Craig responded that the MediCal assignment when accepted by Hartson's was payment in full and would not impact the customer. Hartson's accepted the allowable for MediCare, therefore, only the balance of the allowable would increase. Councilmember Moot questioned what percentage of their responses had no insurance coverage available. Mr. Craig replied that it was approximately 15-20%. Because of the service Hartson's offered, anyone that called in received full and unlimited credit when they called for service. Hartson's then tried to work out a payment plan in relation to what they could afford. Councilmember Moot questioned how the insurance companies handled the rate increase. Mr. Craig stated that the private payer insurance companies paid the increase in rates. Hartson's worked closely with them on a regular basis. VOTE ON RESOLUTION 18213: approved unanimously. 14. RESOLUTION 18207 EXECUTING AN AGREEMENT WITH EQUITAX FOR ENERGY AUDITING SERVICES AND WAIVING THE BIDDING REQUIREMENTS - As part of the City's ongoing efforts to save energy and cut costs associated with the City's energy usage, staff is recommending contracting with a utility auditing firm to identify potential areas of savings through utility bill overcharges or rate structure changes. The services are set up on a contingency basis, so there is no up-front cost to the City. Staff recommends that this item be continued until com01etion of discussions between the City and the water districts and local utility companies. (Environmental Resource Manager) Continued from the meeting of 2/6/96. MSUC (Hotton/Moot) to continue Resolution 18207 until further notification. 15. A. REPORT CONSIDERATION OF COMPREHENSIVE AMENDMENTS TO COUNCIL POLICY 570- 02 "SEWER SERVICE TO PROPERTY NOT WITHIN THE CITY BOUNDARY" - In 1993, several requests were received for sewer connections on Acacia Avenue and in the Proctor Valley area. Circumstances surrounding those requests raised a number of issues regarding the Sewer Connection Policy and the delivery of sewer service by the Spring Valley Sanitation District to unincorporated areas within the Sphere of Influence. Staff recommends Council accept the reports and approve the resolution. (Director of Public Works and Director of Planning) B. REPORT CONSIDERATION OF A CONTRACTUAL AGREEMENT WITH THE SPRING VALLEY SANITATION DISTRICT REGARDING THE MAINTENANCE, OPERATION AND USE OF SEWERS IN ACACIA AVENUE AND PALM DRIVE c. RESOLUTION 18214 ADOPTING COMPREHENSIVE AMENDMENTS TO COUNCIL POLICY 570- 02, AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY THE CONTRACTUAL AGREEMENT WITH THE SPRING VALLEY SANITATION DISTRICT John Lippitt, Director of Public Works, informed Council that the report dealt with modifying the sewer service policy to serve properties outside the City and an agreement for the line on Acacia Avenue. Minutes February 13, 1996 Page 6 · John Hammond, 3012 Anderson Street, Bonita, CA, Chair, Sweetwater Community Planning Group, stated the Planning Group was concerned regarding the septic system problems on Acacia Avenue in the unincorporated area. Many of the problems were due to the intensive upstream and upslope development in the City. The Planning Group had requested that the County review the problems and try to resolve the issues. It appeared that the revised agreement resolved the problem equitably. He urged Council support. · Greg Cox, San Diego County Board of Supervisors - 1st District, commended staff for their work with County staff in developing a fair and reasonable policy. He requested Council support. He advised Council that the Board had amended their legislative policy to support the City's eftbrts in locating a University of California campus in Chula Vista and would work with the City regarding those eflbrts. RESOLUTION 18214 OFFERED BY MAYOR HORTON, reading of the text wits waived, passed and approved unanimously. 16. RESOLUTION 18215 APPROPRIATING FUNDS FOR THE CONSTRUCTION OF A PORTION OF THE SALT CREEK SEWER LINE AND ADDING A NEW PROJECT TO THE CIP BUDGET - San Diego Gas & Electric Company (SDG&E) is in the process of constructing a new high pressure gas line known as Pipeline 2000 to serve the south portion of the County. Part of the line is to be constructed within the Salt Creek basin on Otay Ranch. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Clifford Swanson, Deputy Director of Public Works/City Engineer, stated because SDG&E's Pipeline 2000 ran through a portion of Salt Creek, which was also proposed for a future sewer, the developer approached the City to see if the City would proceed with the sewer construction. The developer had agreed that there could be an exchange in their development impact fees and were willing to work with the City. The money appropriated in the resolution would allow staff to proceed with the prqject. Councilmember Rindone questioned the nexus between the project and the funding source, i.e. the Trunk Sewer Capital Reserve Fund. Mr. Swanson responded that when the Salt Creek Sewer Development Fee was created there was a portion of the downstream line that would have to be constructed because it served multiple basins. It would either be a sewer treatment plant, trunk sewer, or some other arrangement made with the City of San Diego. Because it involved several basins the project required the sewer funds from the City collected for that purpose. The proposal was a trade of those funds. RESOLUTION 18215 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved unanimously. 17. REPORT SAN MIGUEL RANCH AD HOC CITIZEN'S ADVISORY COMMITTEE; SAN MIGUEL RANCH GOALS AND OBJECTIVES - The resolution approving the San Miguel Ranch General Development Plan requires the establishment of an Ad Hoc Citizen's Advisory Committee to provide input into the planning process for subsequent plans and approvals. In addition, City staff and the project applicant have prepared a draft set of Goals and Objectives for future planning of the project. On 11/21/95, Council directed staff to advertise for additional members for the Ad Hoc Committee, and also requested additional information regarding goals and objectives. Staff recommends that Council appoint the Committee, approve guidelines for the operation of the Committee, and approve a revised set of Goals and Objectives. (Director of Planning) Continued from the meeting of 11/21/95. Robert Leiter, Director of Planning, stated the City had only received one application for the three vacant positions. Therefore, staff recommended that Council move to appoint the seven proposed members of the Committee and allow that Committee to begin work on the review of the project. Staff felt there was a good representation on the Committee as proposed. The Goals and Objectives had been revised as per Council direction on 11/21/95. Staff proposed that two alternative plans be evaluated, one of which would include preservation of the entire northern parcel as permanent open space under the MSCP and the other which would allow up to the number of dwelling units on the northern parcel that was originally proposed in the General Development Plan, i.e. up to 357 estate lots Minutes February l3, 1996 Page 7 in the northern parcel. A specific goal had also been included that dealt with the appropriate number of estate lots within the project and would cause staff to look at other locations within the City for estate lot development if Council decided to preserve the northern parcel due to it's environmental sensitivity. MS (Rindone/Horton) to approve the staff recommendation to appoint the Committee, approve guidelines for the operation of the Committee, and approve a revised set of Goals and Objectives. Councilmember Moot informed Council that the applicant had advised him that they had brought Radner West Inc. onto their management team. Radner West Inc. had a relationship with the firm that he worked for and under the applicable FPPC rules, it was in his opinion and the applicant's opinion, that there was no way that it would affect the income of the firm by more than $10,000. Therefore, he did not feel he would be precluded from voting on the item before Council. He had requested more formal guidelines from the FPPC regarding the issue. VOTE ON MOTION: approved unanimously. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5b and 7. The minutes will reflect the published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORTfS) a. Scheduling of meetings. Mr. Goss stated the City was featured in the Computer Link section of the Union/Tribune. He reminded Council that there would be a Leaders Workshop regarding Smart Communities on Thursday, 5:30 p.m. at the Norman Park Center. The City was announcing the Business for Environmentally Sustainable Tomorrow (BEST) Award Program as part of the CO2 Reduction Project. The City would be highlighting businesses that had adopted an innovative solution to environmental problems. The deadline for submittals was April 15th. 19. MAYOR'S REPORT(S) a. Ratification of appointment to the Youth Commission - Jim Perondi. MSUC (Horton/Rindone) to ratify the appointment of Jim Perondi to the Youth Commission. 20. COUNCIL COMMENTS Councilmember Rindone ® Councilmember Rindone stated he was pleased so see that there would be recognition within the community for environmental efforts by businesses and a direct linkage with the CO2 Project. ® Councilmember Rindone reminded Council of the groundbreaking on 2/14/96 at 11:00 a.m. in National City for the new National City Education Center. It was a tri-partnership between the City of National City Redevelopment Agency, the Sweetwater Union High School District Adult Education Program, and the Metropolitan Transit Development Board. Because of the location of the facility at the trolley/bus transit center it was anticipated that there would be very little dependency on the automobile. Minutes February 13, 1996 Page 8 Councilmember Alevv · Councilmember Alevy congratulated Jeri Gulbransen, Public Information Coordinator, in marketing the City and the positive exposure the City was receiving. ADJOURNMENT ADJOURNMENT AT 8:21 P.M. to the Regular City Council Meeting on February 20, 1996 at 6:00 p.m. in the City Council Chambers. CLOSED SESSION Council did not meet in Closed Session. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Governxnent Code Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · SNMB, L.P. vs. the City of Chula Vista (MCA). 2. Anticipated litigation pursuant to Government Code Section 54956.9 · EastLake Development Company prospective mediation regarding EDC's park obligations. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE. POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - Council did not meet in Closed Session. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, CM;-~uty City Clerk