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HomeMy WebLinkAboutcc min 1992/06/16 MINUTES OF A REGULAR MEETING OF THE CiTY OF CHULA VISTA Tuesday, June 16, 1992 Council Chambers 6:01 p.m. Public Services Building CAIL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Grasser Horton, Moore, and Mayor Pro Tern Rindone ABSENT: Councilman Malcolm and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicld Soderquist, Deputy City Clerk 2. PLEDGE OF ,~T.T.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None. 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CALENDAR (Items pulled: 5a and 8) BALANCE OF CONSENT CAI .RNDAR OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 3-0-2 with Councilman Malcolm and Mayor Nader absent. 5. WRI'I'rEN COMMUNICATIONS: a. Letter requesting Council consideration of converting the Royal Vista Hotel to a low cost ~ citizen housing project. Dick Kau, Dick Kau Land Company, 3404 Bonita Road, Ste. A, Chula Vista, CA 91910. It is recommended that Mr. Kau's request be referred to staff. Continued from meeting of 6/9/92. Pulled from Consent Calendar. Carolyn Butler, 97 Bishop St., Chula Vista, CA 91911, spoke in favor of staff recommendation. MSC (Moore/Rindone) to approve the staff recommendation. Approved 3-0-2 w/th Counc~man Maleolin and Mayor Nader absent b. Claims against the City:. Claimant No. 1 - Ms. Alice Marie Daum, 463 Colorado Ave., No. D, Chula Vista, CA 91910; Claimant No. 2 - Robert Martinez, c/o Louis B. Rubin, Attorney at Law, 7373A Clairemont Mesa Blvd., San Diego, CA 92111; Claimant No. 3 - Ms. Lutricia Russell, c/o John B. Little, Attorney at Law, 625 Broadway, Ste. 725, San Diego, CA 92101. It is the recommendation of the City's claLm adjustors, Carl Warren & Company and Risk Management staff that the claims be denied. c. Letter stating that their bufld/ng on 311 'F' St., Chula Vista would make a good site for a City museum - Russ Christensen and Margaret Scott-Blair of Christensen, Scott-Blair Properties, 305 Third Ave., Chula Vista, CA 91910. It is recommended that this be referred to staff. 6. ORDINANCE 2518 AMENDING CHAFrER 2.29 OF THE CHULA VISTA MUNICIPAL CODE CHANGING THE NAME OF THE CHARTER REVIEW COMMITrP_.E TO COMMISSION [first readlnE) - When Councfi approved the recognition of the Chatter Review Committee as a long term standing committee with substantial responsibilities by approving Ordinance No. 2400 in 1990, the ordinance inadvertently continued the prior name of the Committee, rather than making it an appointive board or commission as authorized Minutes June 16, 1992 Page 2 by Section 600 of the City Charter. This ordinance corrects that oversite and makes the Committee a Commission. Staff recommends Council place ordinance on first reading. (City Attorney) 7. RESOLIYrION 16659 ADOPTING THE CITY OF CHULA VISTA EMERGENCY RESPONSE PLAN AND THE EMERGENCY LINE OF SUCCESSION - One of the duties assigned to the City's Disaster Preparedness Specialist was to develop and draft a new Emergency Response Plan and establish an Emergency Line of Succession. Staff recommends approval of the resolution. (Fire Chief) 8. RESOLL1TION 16660 APPROVlNG AN AGBF~MENT WITH FOUR SQUARE VIDEO PRODUCTIONS, INC. FOR ECONOMIC DEVELOPMENT PROMOTIONAL VIDEO PRODUCTION SERVICES - On 8/28/91, Council approved the Economic Development Commission's recommended Economic Development Fiscal Year 1991-92 Marketing Plan and related budget, which includes the production of an economic development promotional video. The purpose of the video is to provide a brief visual overview of local assets and incentives for businesses to locate in Chula Vista. It will be used in meetings with prospective businesses, mailed to targeted businesses, provided in response to business inquiries, and displayed at local, regional and national conferences, and trade shows. Staff recommends approval of the resolution. (Director of Community Development) Pulled from Consent Calendar. Councilwoman Grasser Horton requested the item be continued to 6/30/92 when there would be a full Council. MSC (Moore/Grasser Hotton) to continue the item to 6/30/92 at 6:00 p.m. Approved 3-0-2 with Councilman Malcolm and Mayor Nader absent 9. RESOLUTION 16661 APPROVING AGRF3~MENT WITH UNISYS CORPORATION FOR THE MAIN'ITe.NANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER AND WAIVING THE FORMAL BIDDING PROCESS - In September of 1990, the City installed a new mainframe computer, the Unisys V-430. Maintenance on the computer for one year was included as part of the initial purchase price. This initial maintenance agreement has expired and staff has been working with Unisys on terms and conditions for a new maintenance contract. The new contract is for three years and includes features requested by the City such as an annual rate cap and several performance thresholds which must be met by Unisys. Staff recommends approval of the resolution. (Director of Management and Information Services) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE CHY OF CHULA VISTA BUDGET FOR FISCAL YEAR 1992-93 AND ESTABLISHING AN APPROPRIATIONS LIMIT - The Council has held several worksessions to consider and discuss the proposed Fiscal Year (FY) 1992-93 budget. The public heating is to receive additional citizen input and adopt the City FY 1992-93 budget. Staff recommends approval of the resolutions. (Administration and Director of Finance) A. RESOLUTION 16662 APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE CITY OF CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 AND ENDING JUNE 30, 1993 Minutes June 16, 1~92 Page 3 B. RESOLUTION 16663 ADOPTINGANAPPROPRIATIONSLI1VIITFORFISCALYEAREND1NGJUNE 30, 1993 John Goss, City Manager, stated Council had reviewed the City budget. There had been a lot of accounts, savings and efficiencies accommodated in order m present to Council a balanced budget. The real unknown was what was happening in Sacramento at the level of the State Legislature and State Administration. There were discussions of possible cutbacks to revenues of cities, counties and school districts, as well as special districts. He recommended that the budget be adopted in its current form but with the understanding that none of the additional expenditures for the additional positions and programs that were contained in the current budget would be implemented. Basically they would be put on hold administratively until there was a clearer understanding of what was happening at the state level. He stated that up to $6 million may be cut from the City's revenues by the state which would be a significant impact on the City and the staff would have to look at a number of ways to ny to maintain fiscal viability. Councilwoman Grasser Horton stated that the South County Economic Development Council had previously been given $15,000 and asked why staff was now recommending only $7,500. She had received calls from members of the Council who were concerned about their request being cut in half. Chris Salomone, Director of Community Development, responded that when that organization first formed two years prior, they had indicated that the $15,000 would be a one-time, start-up, seed money fund from the City and that was the recommendation to Council at that time. The organization returned the second year and requested an additional $15,000 to help them continue their operation and again staff made that recommendation. Staff felt the City's commitment of seed money to establish that organization had been met. Because of the current budget constraints the City faced, staff felt an appropriate commitment would be $7,500. Councilwoman Grasser Horton asked if other cities donated funds to that organization. Mr. Salomone answered yes but did not know to what level. Councilwoman Grasser Hotton asked staff to obtain information on the amounts contributed by other cities to the organization. This being the time and place as advertised, the public hearing was declared open. Tom Davis, 1657 Gotham St., Chula Vista, CA 91913, spoke in opposition to staff recommendation. He asked that a fair reevaluation be made regarding a traffic signal at the intersection of Gotham Street and Otay Lakes Road and requested that it be put in a ranked order within the constraints of the Citys budget. Marilyn Lassman, 148 East 30th St., Ste. A, National City, CA, spoke in opposition to staff recommendation. MSC (Moore/Grasser Hotton) m rev/ew the South County Economic Development Councfl's contribution by the City when there was a full Council available, preferably the date when the Redevdopment Agency budget is up for approval, with staff inpuL Approved 3-0-2 with Counciknan Malcolm and Mayor Nader absent. RESOLUTIONS 16662 AND 16662 OFFERED BY MAYOR PRO TEM RINDONE, reading of the text was waived. Minutes June 16, 1992 Page 4 AMENDMENT: (Rindone/"Moore) that the evaluation of installation of one or two traffic signals in the City of Chula V'mta would not be resolved until the final placement of the Transit Center. Approved 3~0-2 with Councilman Malcolm and Mayor Nader absent. VOTE ON RESOLUTIONS: approved 3-0-2 with Councilman Malcolm and Mayor Nader absent MSC 0Moore/Gras~er Hot-ton) to direct the City Manager to not pursue any authorization of the budget as it pertains to new major uipmant or new hiring until the approval comes from Council and it would probably come with the moell~cation of the budget as presented by the City Manager. Approved 3-0-2 with Counc~ma~ Malcolm and Mayor Nader absenL 11. PUBLIC HEARING ASSESSMENT DISTRICT NO. 90-2 (OTAY VAIJ_RY ROAD) - On 4/21/92, Council adopted the Resolution of Intention to construct and finance certain public improvements to Otay Valley Road, east ofi-805, pursuant to the Municipal Improvements Act of 1913. The public hearing on the formation of Assessment District No. 90-2 (Otay Valley Road) was set for 5/26/92. The associated resolutions make changes and modifications to the Engineer's Report, overrule protests, confn-m the assessments, make CEQA findings, adopt a Mitigation Monitoring Plan, and approve utility and underwriter agreements. Staff recommends item be eontinued to 6/23/92. (Director of Community Development and Director of Public Works) Continued from meeting of 5/26/92. A. RESOLUTION 16639 APPROVING AGRF. F. MENTS FOR EXECUTION IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VAI.I.R'Y ROAD) B. RESOLUTION 16640 APPROVlNG VARIOUS TRANSFER OF FUNDS TO THE RESERVE AND IMPROVEMENT FUNDS FOR ASSESSMENT DISTRICT NO. 90-2 (OTAY V,8,1 .l .lq' ROAD) C. RESOLUTION 16641 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S 'REPORT* IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VAI.I .Ry ROAD) D. RESOLIYrlON 16642 OVERRUII'qG AND DFANYING PROTESTS AND MAKING CERTAIN FINDINGS IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLRY ROAD) E. RESOLUTION 16643 CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTFA~ANCES, APPROVING THE ENGINEER'S 'REPORT*, MAKING CEQA FINDINGS, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING PLAN REGARDING ASSESSMENT DISTRICT NO. 90-2 (OTAY VAIJ.F.Y ROAD) This being the time and place as advertised, the public hearing was declared open. MSC (LlVioore/Grasser Hotton) to continue the item to 6/23/92 at 6:00 p.m. Approved 3-0-2 with Councilman Malcolm and Mayor Nader absent. 12. PUBLIC HEARING TO CONSIDER ADOPTING A RF, SOLUTION OF NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY VAIJIW ROAD STREET WIDENING PROJECT - A public hearing is necessary for the Council to deliberate upon the request to adopt the Resolution of Necessity to acquire the remaining property rights through eminent domain for the public tight-of-way which is necessary for the construction of Otay Valley Road improvements. The City's acquisition consultant was successful in reaching agreement with all but four property owners coveting five parcels which are the subject of the resolution. Staff recommends item be continued to 6/30/92. (Director of Community Development) 4/Sth's vote required. Continued from meeting of 5/26/92. Minutes June 16, 1992 Page 5 RESOLUTION 16644 FINDING AND DETERMINING PUBLIC INTERF~T AND NECES:iI-IY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WrlI-HN THE OTAY VAIJ.KY ROAD STREET WIDENING PROjECT ALONG OTAY VA[J.NY ROAD BETWEEN I~ATE 805 AND THE EA~i~iRN BOUNDARIES OF THE CITY OF CHULA VISTA This being the time and place as advertised, the public hearing was declared open. MSC (Grasser Horton/Rindone) to continue the item m 6/30/92. Approved 3-02 with Councilman Malcolm and Mayor Nader absent ORAL COMMUNICATIONS Carollra Butler, 97 Bishop St., Chula Vista, CA 91911, requested that an exemption be made for residents on the north side of Palomar that were on oxygen tanks to park in the bike lane in front of their apartment complex. She stated that the citizens of Chula Vista who had bought into the Dial-A-Ride program through San Diego could no longer use that system in or out of San Diego or within the City limits of Chula Vista. She had been told that if any of the receipts had been removed from a passbook, the passbook was then non- refundable. She stated that other cities outskirting San Diego could afford to keep the system running with the cabs. People unable to use public transportation paid $10 for $40 worth of tickets. She felt it was an important issue that needed to be looked into. Councilman Moore asked if the Assistant City Manager understood the situation and would talk to them later. Sid Morris, Assistant City Manager, confirmed that they would. ACTION ITEMS 13. RESOLUTION 16664 RATIFYING AN AGREEMENT WITH ROBERT BEIN, WIIIJAM FROg AND ASSOCIATES FOR SURVEY CONSTRUCTION STAKING SERVICES; RATIFYING CHANGE ORDER NOB. 1 THROUGH 5 INCLUSIVE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO F/ECUTE THEM ON BEHALF OF THE CITY REQUIRED IN CONJUNCTION WITH THE TKI.RGRAPH CANYON ROAD/OTAY LAKF. S ROAD (PHASE III) IMPROVEMENTS - On 3/7/89, Council approved an agreement between the City and VTN Southwest, Inc. for the preparation of construction documents and plans necessary for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road (between Apache Drive and Rutgets Avenue). Early this year, VTN Southwest, Inc. filed bankruptcy proceedings and are no longer able to fulfill the obligations of the contract. To facilitate project construction and avoid potentially major claims on the part of the contractor, staff needs to obtain the construction staking services required to complete the project from another consultant. Since commencement of the project construction activities, staff has encountered numerous difficulties with the plan and variations in field conditions. To correct them, staff has directed the contractor (Erreca's, Inc.) to perform exu'a work on a time and materials basis and/or agreed unit prices. Construction change orders 1 through 5, inclusive, have now been processed through the State of California. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 16664 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 3-02 with Councilman Malcolm and Mayor Nader absent. BOARD AND COMMISSION RECOMMENDATIONS None submitted. Minutes June 16, 1992 Page 6 ITEMS pUI.I.ED FROM THE CONSENT CALENDAR Items pulled: 5a and 8. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) - None. 15. MAYORS REPORTfS) - None. 16. COUNCIL COMMENTS - None. ADJOURNMENT Staff recommended the closed session be continued to 6/30/92 when there would be a full Council present: Acquisition of property - pursuant to Government Code Section 54956.8: Assessor's Number Address Owner 622-030-16, 26, 27, and 735 Second Avenue Iwashita, Kaoru & Lilly 622-041-17 622-030-09 1364 Broadway Hernandez, Mary &Raymond 622-030-22 76 Prospect Street Vasquez, Alfredo ADJOURNED AT 6:49 p.m. to the Regular City Council Meeting on June 23, 1992 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Carla J. Griffi~,/~C2d/~d~inistra~Zary