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HomeMy WebLinkAboutcc min 1999/10/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 12, 1999 6:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:16 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas and Mayor Horton. ABSENT: None 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. SPECIAL ORDERS OF THE DAY A. Oath of Office: Carmen E. Quintana - Cultural Arts Commission. City Clerk Bigelow administered the oath of office, and Deputy Mayor Salas presented Ms. Quintana with a certificate of appointment. B. Tim Harding and Gloria Galbraith, Board Members, The Friends of the Arts, will introduce artists from Hilltop High School who will present a short video entitled "Academy of Animation." Joe Schmidt, animation teacher from Hilltop High School, presented an overview of the animation curriculum and invited Councilmembers to visit one of his classes. C. Port Cormmissioner David Malcolm will present an update on Port District matters. Commissioner Malcolm updated the Council on Port activities. No action was taken by the Council. CONSENT CALENDAR (Items 4 through 10) 4. APPROVAL OF MINUTES of July 20, 1999, July 27, 1999 (Regular Meetings of the City Council), July 20, 1999 (Adjoumed Meeting of the Redevelopment Agency and City Council) and July 27, 1999 (Regular Meeting of the Redevelopment Agency and Adjourned Meeting of the City Council) Staff recommendation: The minutes be approved. CONSENT CALENDAR (Continued) 5. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that the City Council did not meet in Closed Session on October 5, 1999. Staff recommendation: The letter be received and filed. 6. ORDINANCE No. 2798, ESTABLISHING A 35 MPH SPEED LIMIT ON MEDICAL CENTER DRIVE BETWEEN MEDICAL CENTER COURT AND EAST PALOMAR STREET, BRANDYWINE AVENUE BETWEEN EAST PALOMAR STREET AND OLYMPIC PARKWAY, EAST PALOMAR STREET BETWEEN OLEANDER AVENUE AND MEDICAL CENTER DRIVE, AND ADDING THESE ROADWAY SEGMENTS TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY ENGINEER (FIRST READING) Based on the provisions of Chapter 7, Article 1 of the California Vehicle Code, and pursuant to authority under the City's Municipal Code Section 10.48.020, the City Engineer has determined that, in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit be established at 35 MPH on certain streets. Staff recommendation: Council place the ordinance on first reading. (Director of Public Works) 7.A. RESOLUTION NO. 19622, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS TO THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR CAPITAL IMPROVEMENTS AT THE CHULA VISTA NATURE CENTER B. RESOLUTION NO. 19623, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $216,700 FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION LOCAL GRANT PROJECT FOR THE CHULA VISTA NATURE CENTER; AUTHORIZiNG THE NATURE CENTER DIRECTOR TO EXECUTE THE PROJECT AGREEMENT TO ACCEPT THE GRANT FUNDS AND PROCESS THE PROJECT; AND APPROPRIATING $216,700 TO THE NATURE CENTER'S FISCAL YEAR 1999/2000 OPERATING BUDGET BASED UPON UNANTICIPATED GRANT REVENUE (4/5TH'S VOTE REQUIRED) The City has received notice of award of grant funds from the State of Califomia in the amount of $216,700 forthe Chula Vista Nature Center. The funds are proposed to be used to resolve various operational issues at the Nature Center, including ADA access, visitor and staff safety, communications, and staff office space availability. The City must now submit an application for these grant funds to the State of California, Department of Parks and Recreation, in order to receive the funds. The State of California's grant process provides for concurrent grant application and acceptance. Staffrecommendation: Council adopt the resolutions. (Nature Center Director) Page 2 - Council Minutes 10/12/99 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 19624, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING PROPERTY TO BE SURPLUS, UNUSABLE PUBLIC LAND, WAIViNG THE FORMAL BIDDING REQUIREMENT, WAIVING THE GRADING DEVIATION POLICY, AUTHORIZING THE SALE OF SAID PROPERTY TO MCMILLIN COMPANIES, LLC, AND AUTHORIZiNG THE MAYOR TO EXECUTE A GRANT DEED FOR THE LEGAL TRANSFER OF SAID PROPERTY McMillin Companies, LLC, wishes to process a boundary adjustment plan between Lot 47 of Map Number 12719 and Lot "A" of Map Number 12719, an open space lot. McMillin is the owner of Lot 47, a single-family residential lot, and the City is owner of Lot "A". The boundary adjustment would take 629 square feet from the open space lot and add it to Lot 47. McMillin proposes to purchase this strip of open space land for a nominal fee of $1.00 per square foot for a total of $629. Staff recommendation: Council adopt the resolution. (Director of Public Works) 9. RESOLUTION NO. 19625, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AGREEMENT FOR PROFESSIONAL SERVICES NOT TO EXCEED $35,000 TO MCGILL MARTiN SELF, INC. FOR TRANSPORTATION DEVELOPMENT IMPACT FEE AUDITS ON PORTIONS OF MEDICAL CENTER DRIVE, EAST PALOMAR STREET AND TELEGRAPH CANYON ROAD CONSTRUCTED BY AYERS LAND COMPANY In order to determine the final Transportation Development Impact Fee (TDIF) credit or reimbursement due to a developer after construction ofa TDIF facility is complete, an audit must be performed. Due to the urgent need to complete the audit, staff exercised its authority pursuant to Section 2.56.110 of the Municipal Code for the immediate hiring of a consultant to perform the audit. However, due to the magnitude of the contractual amount awarded to McGill Martin Self, Inc. over the past year for services relating to Olympic Parkway, the City Attorney recommended that this contract be taken to Council for ratification. Staff recommendation: Council adopt the resolution. (Director of Public Works) 10. RESOLUTION NO. 19626, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION OF THREE PROJECT APPLICATIONS FOR THE FISCAL YEAR 2000/2001 AND 2001/2002 GRADE SEPARATION PRIORITY LIST The City has received an Order Instituting Investigation (OII) from the Califomia Public Utilities Commission for the purpose of establishing a new grade Separation Priority List for fiscal years 2000/2001 and 2001/2002. The OII requests project applications for grade separation of existing or proposed crossings at city streets, county roads, or state highways in need of separation, or projects affecting the elimination of a grade crossing by removal or relocation of streets or railroad tracks, or existing separation in need of alterations or reconstruction. Staff recommendation: Council adopt the resolution. (Director of Public Works) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item #8, which carded 4-0-1, with Councilmember Moot abstaining. Page 3 - Council Minutes 10/12/99 ORAL COMMUNICATIONS Michael Straughn and Ruben Tapia, residents of 268 Church Avenue, complained about the lack of free parking for residents of the complex, submitted a petition signed by other residents of the complex, and asked the Council to address the issue. Messrs. Straughn and Tapia were asked to contact the City Manager's office for assistance. ACTION ITEMS 11. RESOLUTION NO. 19627, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 PUBLIC WORKS BUDGET BY APPROPRIATING $31,000 TO DEMOLISH AND ABATE LEAD CONTAMINATION OF THE BONITA OPTIMIST CENTER BUILDINGS LOCATED ON CITY PROPERTY IN ROHR PARK AND APPROPRIATING $11,050 FOR COMPENSATION OF LOST REVENUE TO THE BONITA OPTIMIST CLUB (4/5TH'S VOTE REQUIRED) On February 5, 1999, the City received a notice from the San Diego County Department of Environmental Health. The notice reported a case of lead contamination on the premises of the Bonita Optimist Center located on City property in Rohr Park. An inspection of the property by the Department of Environmental Health revealed several areas with lead contamination. ACTION: Councilmember Moot offered Resolution No. 19627, heading read, text waived. The motion carried 5-0. 12. RESOLUTION NO. 19628, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "FIRE STATION NUMBER 4, AT EAST "H" STREET AND PASEO RANCHERO IN THE CITY (PS120 & 127)" PROJECT, APPROPRIATING $66,985 FROM THE POLICE DEVELOPMENT IMPACT FEE (POLDIF) AS A TRANSFER TO THE GENERAL FUND, APPROPRIATING SAID FUNDS FROM THE GENERAL FUND TO THE PROJECT, AND REDUCING THE RESIDENTIAL CONSTRUCTION TAX (RCT) FUNDING BY THIS AMOUNT (4/5TH'S VOTE REQUIRED) On September 22, 1998, sealed bids were received. The general scope of the project involves construction of Fire Station Number 4 and a training facility/classroom, complete, including earthwork, on and off-site utilities, paving, fire protection, mechanical, electrical, and incidental work. ACTION: Deputy Mayor Salas offered Resolution No. 19628, heading read, text waived. The motion carded 5-0. 13.A. RESOLUTION APPROVING THE DESILTATION AND MAINTENANCE AGREEMENT WITH OTAY PROJECT, L.P. TO PROVIDE FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE POGGI CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 4 - Council Minutes 10/12/99 ACTION ITEMS (Continued) 13.B. RESOLUTION APPROVING THE DESILTATION AND MAINTENANCE AGREEMENT WITH MCMILLIN OTAY RANCH, LLC TO PROVIDE FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE POGGI CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION APPROVING THE SECOND AMENDMENT TO THE DETENTION BASIN AND SILTATION AGREEMENT WITH OTAY PROJECT, L.P. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT D. RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DETENTION BASIN AND SILTATION AGREEMENT WITH MCMILLIN OTAY RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Tentative Map conditions for the proposed developments in Otay Ranch SPA One require compliance with certain requirements regarding maintenance of the proposed Poggi Canyon improvements. In addition, Council Policy Number 522-02 requires the developer to maintain the drainage improvements for five years. Currently, the Otay Ranch Company and McMillin are processing mass grading plans with the City for a portion of their project drainage to Poggi Canyon and issuance of the grading permits is anticipated shortly. ACTION: Upon the recommendation of staff, Mayor Horton moved to continue this item to October 19, 1999. Councilmember Davis seconded the motion, and it carried 5-0. OTHER BUSINESS 14. CITY MANAGER' S REPORTS There were none. 15. MAYOR'S REPORTS Mayor Horton reported that she, Councilmember Davis and City Manager Rowlands had just returned from the League of California Cities conference in San Jose and that she had copies of the Resolutions passed at the conference for Council review. 16. COUNCIL COMMENTS There were none. At 7:09 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Fritsch v. City of Chula Vista, District Case No. 98-CV-0972-E CGA. No reportable action was taken. Page 5 - Council Minutes 10/12/99 CLOSED SESSION (Continued) 18. CONFERENCE WITH LEGAL COUNSEL REGARDiNG SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One case. No reportable action was taken. ADJOURNMENT At 7:30 p.m., Mayor Horton adjourned the meeting to the Adjourned Meeting to be held with the Redevelopment Agency immediately following this meeting and thence to the Regular Meeting of October 19, 1999, at 6:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/ , City Clerk Page 6 - Council Minutes 10/12/99