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HomeMy WebLinkAboutcc min 1996/04/23MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 23, 1996 6:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia, and Mayor Horton Councilmember Rindone John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk MSC (Padilla/Horton) to excuse Councilmember Rindone's absence, approved 4-0-1 with Rindone absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: April 16, 1996 (City Council Meeting). MSC (Alevy/Moot) to approve the minutes of April 16, 1996 as presented, approved 4-0-1 with Rindone absent. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the week of May 5 through May 11, 1996 as "Municipal Clerks Week." The proclamation was presented by Mayor Pro Tem Moot to Vicki Soderquist, Deputy City Clerk, City Clerk's Office. CONSENT CALENDAR (Item pulled: 9) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Rindone absent and Moot abstaining on Item 10. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that Council met in Closed Session on 4/16/96 to discass anticipated litigation in the Tiger Development Two bankruptcy under Government Code Section 54956.9 and authorized the City Attorney to institute a motion for Relief from Stay in order to process SPA approvals unless Baldwin secures, on their own initiative, said relief; Council discussed the purchase of property of R.E. Hazard Contracting Company at 1855 Maxwell Road, Chula Vista, California and no action was taken. Council discussed existing litigation involving SNMB, L.P. vs. City of Chula Vista under Government Code Section 54956.9 and no action was taken. It is recommended that the letter be received and filed. b. Letter of resignation from Ann McFarlin - Southwest Project Area Committee. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Letter of resignation from Martin Altbaum - Town Centre Project Area Committee. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Minutes April 23, 1996 Page 2 6. RESOLUTION 18267 AMENDING THE EXISTING AGREEMENT WITH OTAY RANCH, L.P., AND REMY, THOMAS AND MOOSE TO AUTHORIZE $50,000 IN ADDITIONAL SERVICES TO REVIEW ENVIRONMENTAL DOCUMENTS AND PROVIDE LEGAL ADVICE TO CITY STAFF, WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT - The amendment is to retain the legal firm to review environmental documents for the Sphere of Influence and Annexation Application, SPA Plans and supporting studies required by the General Development Plan, to provide processing guidance of all supporting documents to assure compliance with CEQA and avoid litigation predicated upon alleged deficiencies in environmental documents or improper processing of the documents for the Otay Ranch Project. Staff recommends approval of the resolution. (Special Planning Projects Manager, Otay Ranch Project) 7. RESOLUTION 18268 APPROVING A CONTRACT W1TH THE CITY OF ESCONDIDO TO PROVIDE PARKING CITATION PROCESSING SERVICES AND APPROPRIATING $700 FROM UNANTICIPATED CONTRACT REVENUES - The Cities of Coronado and Imperial Beach currently contract with Chula Vista for parking citation processing services. The City of Escondido has requested the same services effective April, 1996. Staff' recommends approval of the resolution. (Director of Finance) 4/5th's vote required. 8. RESOLUTION 18269 AMENDING THE CITYWIDE RECORDS MANAGEMENT PROGRAM TO PERMIT THE DESTRUCTION OF DISCIPLINARY RECORDS AUTHORIZED FOR REMOVAL UNDER PREVIOUS LABOR AGREEMENTS - The City's Records Management Program adopted on 8/2/94, provides that no records of employee discipline be destroyed. However, that provision did not take into account MOUs that provided for destruction of records. Staff recommends approval of the resolution. (Director of Personnel and City Clerk) 9. RESOLUTION 18270 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 25, 1996, FOR AN ORGANIZED MARCH SPONSORED BY A LOCAL COMMITTEE OF THE NATIONAL MARCH FOR JESUS ORGANIZATION - The South Bay Pastoral Steering Committee of the National March for Jesus organization is requesting permission to conduct an organized March for Jesus on Saturday, 5/25/96, from 9:00 a. m. to approximately 12:00 noon and anticipate approximately 4,000 participants. Marchers and vehicles would start on "K" Street, west of Fourth Avenue, proceed north on Fourth Avenue, then east on Park Way. The march would end with an hour long celebration in Memorial Bowl. Staff recommends approval of the resolution. (Chief of Police and Director of Parks and Recreation) Pulled from the Consent Calendar. · Richard Tallent, 270 Whitney, Chula Vista, CA, organizer for the March for Jesus, stated it was a global organization and the march had been in San Diego three years ago. They were anticipating between 2,000 - 4,000 attendees. RESOLUTION 18270 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. 10. RESOLUTION 18271 ORDERING THE SUMMARY VACATION OF CERTAIN SEWER EASEMENTS THROUGH LOT 55 AND LOT D OF MAP 9125, TRACT NUMBER 77-09, CASA DEL REY - Rancho Del Rey Investors, L.P., has requested vacation of a sewer easement traversing two lots within the Casa Del Rey Subdivision. The easements have a public sewer within them which are being abandoned in place after realignment of the sewer main. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Moot questioned if the applicant was the McMillin Company. Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that Casa del Rey was part of the McMillin project and he assumed that they were the applicant. Councilmember Moot stated due to the legal representation of McMillin Company by his firm he would abstain from participation in order to avoid a conflict of interest. * * END OF CONSENT CALENDAR * * Minutes April 23, 1996 Page 3 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING REVIEWING AND CONSIDERING THE ADOPTION OF THE COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN - Staff recommends the public hearina be continued to the meetin~ of 5/7/96. (Conservation Coordinator) MSC (Horton/Alevy) to continue the public hearing to the meeting of 5/7/96 as recommended by staff, approved 4-0-1 with Rindone absent. ORAL COMMUNICATIONS · Sylvia Santos, P.O. Box 822, Chula Vista, CA, stated she felt her character had been defamed by inspectors from the Department of Building and Housing. She requested that Council scrutinize her documents chronologically and objectively. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 12. ORDINANCE 2670 AMENDING TITLE 10 OFTHE MUNICIPAL CODE (VEHICLES AND TRAFFIC) AS REQUIRED TO IMPLEMENT A RECENT CITY COUNCIL POLICY FOR DELEGATING ADDITIONAL AUTHORITY IN IMPLEMENTING TRAFFIC CONTROL MEASURES TO THE CITY ENGINEER WITH THE CONCURRENCE OF THE SAFETY COMMISSION (first reading) - On 3/14/95, Council approved a Council Policy granting additional authority to the City Engineer and the Safety Commission on implementing Traffic Regulations. Council direction was for staff to revise the Municipal Code to accommodate implementation of the policy and the procedures established in it. Staff recommends Council place the ordinance on first reading. (Director of Public Works) Councilmember Alevy questioned if the item related to any of the items recently discussed by Council, i.e. establishing residential speed limits. Clifford Swanson, Deputy Director of Public Works/City Engineer, replied that the policy reserved decision making authority with the Council on those items where the vehicle code required action by the Council. One of those was specifically speed limits. Councilmember Alevy questioned if Council retained the right, if there was a question on any of the administrative approvals, to bring the item to Council on appeal. Mr. Swanson stated that under the policy certain things were delegated to the City Engineer's office, however, there was the right for Council to review. Councilmember Alevy questioned how Council would be aware of administrative actions. Mr. Swanson replied that the issue would be in the Safety Commission minutes. ORDINANCE 2670 PLACED ON FIRST READING BY COUNCILMEMBER PADILLA, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. 13. RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT WITH JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT ON CITY-OWNED PROPERTY - On 11/15/94, Council directed staff to return with a new exclusive negotiating agreement with Joelen Enterprises to develop the proposed Minutes April 23, 1996 Page 4 hotel located on the 4400 block of Bonita Road adjacent to the Chula Vista Municipal Golf Course. Staff recommends approval of the resolution. (Director of Community Development) Continued from the meeting of 4/16/96. Councilmember Alevy stated due to a conflict that would be resolved 5/02/96, he would abstain from participation. · John Hammond, 3012 Anderson Street, Bonita, CA, Chair, Sweetwater Community Planning Group, stated they had opposed the project several years ago due to the scale, type, and immensity for that particular location and the impact it would have on their community. The Community Planning Group designed guidelines which were meant to apply to major use permits in the unincorporated area and were adopted by the County Board of Supervisors. The picture in the Star News had nothing that agreed with the Community Guidelines that were developed. He requested that Council suggest or impose that the developer look at the community. The proposed project did not fit in Bonita. He felt the process should be reopened due to the length of time that had lapse& ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 9. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) a. Mr. Goss announced that 4/27/96 would be "Spring Cleaning Day" in Chula Vista in which residents could dispose of trash at no cost to the residents. The drop off would be at Hilltop/Naples from 8:00 a.m. - 2:00 p.m. The City and Home Depot were sponsoring a free home composting class on 4/27/96 at 4:00 p.m. at the Chula Vista Home Depot. 15. MAYOR'S REPORT(S) a. Current City Council Committee assignments. Continued from the meeting of 4/16/96. Mayor Horton informed Council that Councilmember Rindone requested that the item be continued to 5/07/96 and she concurred. 16. COUNCIL COMMENTS Councilmember Alevv · Councilmember Alevy announced that the Chula Vista Men's Golf Club would be facing the Victoria Men' s Golf Club on 5/4/96 in the finals for the Southern California Golf Association. ADJOURNMENT ADJOURNMENT AT 7:15 P.M. to a Special Joint Meeting/Workshop of the City Council/Planning Commission/Growth Management Oversight Commission on Thursday, April 25, 1996 at 6:30 p.m. in the Council Conference Room, Administration Building, thence to a Special Joint Meeting/'vVorkshop of the City Council/Otay Ranch Project on Tuesday, April 30, 1996 at 6:00 p.m. in Conference Rooms 2 and 3, Public Services Building, and thence to the Regular City Council Meeting on May 7, 1996 at 4:00 p.m. in the City Council Chambers. Minutes April 23, 1996 Page 5 CLOSED SESSION Council met in Closed Session at 6:35 p.m. and reconvened at 7:15 p.m. 17. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.9 · City-owned property, "F" and Woodlawn, City Corporate Yard site, Parcel Number 56703127, purchasers "E' Street Trolley Square, LLC. 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. 18. REPORT OF ACTIONS TAKEN 1N CLOSED SESSION - No reportable actions were taken in Closed Session. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, CM~uty City Clerk