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