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HomeMy WebLinkAboutcc min 1993/02/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 9, 1993 Council Chambers 6:04 p.m. Public Senices Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, and Mayor Pro Tem Rindone ABSENT: Mayor Nader ALSO PRESENT: Sid W. Morris, Assistant City Manager; Bruce M. Booguard, City Attorney;, and Vicki C. Soderquist, Deputy City Clerk 2. PI.F~GE OF AIJ.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: January 12, 1993, January 19, 1993, January 25, 1993 (Special Council Meeting/Worksession), January 26, 1993, January 26, 1993 (Special Joint Meeting of the Redevelopment Agency/City Council), January 28, 1993 (Regular Council Meeting/lNorksession), and February 2, 1993. MSC (Moore/Fox) to approve the minutes of January 12, Januaxy 19, January 25, January 26 (Council), January 26 (Council/RDA), January 28, and February 2, 1993 as presented. Approved 4-0-1 with Nader absent 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CAI.RNDAR (Item pulled: 7) BALANCE OF THE CONSENT CALENDAR OI'I'M1ED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Nader absent 5. WRrtTM~I COMMUNICATIONS: None submitted. 6. RESOLUTION 16983 AMENDINGCOUNCILPOLICYNUMBER662-OSENTITL~n"GENERALAND SEXUAL HARASSMENT POLIC'Y~ - In 1982, the City adopted a Sexual Harassment Policy. In 1991, this policy was updated to reflect new laws and court cases in this area. The policy was also expanded to include general harassment based on age, race, religion, color, or creed. In January, 1992, the Federal Americans with Disabilities Act of 1990 went into effect. And in January, 1993, California State Labor code 1102.1 was amended to provide protection from discrimination to individuals based on their actual or perceived sexual orientation. Also effective January, 1993, was A.B. 2264 that required an employer to obtain, post and distribute the California Department of Fair Employment and Housing (DFEH) poster on Sexual Harassment or amend their own (the employers) information sheet on sexual harassment. Staff recommends approval of the resolution. (Director of Personnel) 7. RESOLUTION 16984 APPROVING AGREEMENT WITH ATFL INC. FOR THE PURCHAS'F~ INSTArs-&TION, TRAINING, AND MAINTENANCE OF A VOICE MESSAGING SYSTEM AND AUTHORIZING A LOAN FROM THE SEWER FUND TO THE TRI.EPHONE SYSTEM COMPONENT OF THE PUBLIC Minutes Februst/9, 1993 Page 2 FACILITIES DEVELOPMENT IMPACT FEE AND APPROPRIATING FUNDS THEREFOR -The City's Public Facilities Development Impact Fee includes various projects to upgrade the Gitys Telephone System. One such project involves the development of a Voice Messaging System which was included in the Fiscal Year 1991-92 Capital Improvement Project budget. Staff recommends approval of the resolution. (Director of Management and Information Services) 4/Sth's vote required. Pulled fi-om the Consent Calendar. Councilman Fox expressed concern regarding the public's ability to reach an appropriate person rather than the system. He felt the City would receive complaints regarding the system as it was being phased in. Louie Vignapiano, Systems and Programming Manager, responded that the system would be set up on a department by department basis. He then gave a brief description of the system. Mayor Pro Tem Rindone questioned whether studies or projections had been done regarding productivity or projected budget savings. Mr. Vignapiano responded there was a study done several years ago and which showed productivity savings from staff not having to answer the telephone. RESOLUTION 16984 OFFFA~ED BY COUNCILMAN FOX, reading of the text was waived, passed and approved 4-0-1 with Nader absent. 8. RF~OLL1TION 1698,5 ACCEPTING BIDS AND AWARDING CONTRACT FOR EAS~ 'IT' STREET RECONSTRUCTION FROM 1-80S TO DEL REYBOULEVARD - On 1/20/93, sealed bids were received for East "H' Street reconstruction from 1-805 to Del Rey Boulevard. The work includes the placement of one and one- half inch thick asphalt rubber hot mix overlay, removal of all alligatored pavement areas and replacement with asphalt concrete, the milling of street pavement in certain areas, signal loops, traffic control, adjustment of manholes and storm drain cleanouts, adjustment of survey well monuments, and other miscellaneous work shown on the plans. Staff recommends approval of the resolution. (Director of Public Works) Mayor Pro Tem Rindone complimented staff for their creativeness in utilizing the new milling process and stated he would look forward to hearing how it was working out. 9.A. RESOLUTION 16986 APPROVINGSECONDAMENDMENTTOAGRRRMENTFORENGINRRRJNG SERVICES TO PREPARE THE TE.I.EGP, APH CANYON SEWER BASIN PLAN WITH WILLDAN ASSOCIATES - In compliance with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement with EastLake Development, the City entered into a contract with Willdan Associates for the Telegraph Canyon Sewer Basin Improvement and Financing Plan on 8/7/90. In order to reflect the total wastewater flow in the basin, it is necessary to amend the plan to incorporate the flows expected to be generated by the recently approved Kaiser Hospital and Medical Center. The consultant will provide the additional services related to the amendment at a cost of $5,300. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 16987 APPR. OVING SECOND AMENDMEaNT TO TR. LRGRAPH CANYON BASIN SEWER MONITORING AND GRAVITY BASIN USAGE AGBIU~.MENT WITH / DEVELOP1VIF. a'WF COMPANY 10. RESOLUTION 16988 TRANSFERRING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE REROOFING OF LOMA VERDE RECREATION CENTER (PIES I AND 1I) AND THE POLICE DEPARTMILNT BUILDING - On 12/23/92, sealed bids were received for the reroof'mg of Loma Verde ', Recreation Center (Phases I and II) and the Police Department building. Staff recommends approval of the / resolution. (Director of Public Works) 4/Sth's vote required. Minutes February 9, 1993 Page 3 11. REPORT lIECONSIDERATION OF CHANGING THE NAME OF OTAY LAKES ROAD BETWEEN TR.I .F. GRAPH CANYON ROAD AND WUESTE ROAD TO TELEGRAPH CANYON ROAD, PCM-93-07 - On 1/12/93, Council approved the subject street name change. It was later determined that the residents of Otay Lakes Lodge Mobile Home Park had not been notified as originally intended. A memo from staff explaining the change and requesting comments was distributed to each resident within the park. Several residents have called and submitted letters opposing the change. Staff recommends Council direct staff to schedule a public hearing for 3/2/93 in order to reconsider previous action. (Director of Planning) * * END OF CONSENT CALENDAR + * PUBLIC HEARINGS AND RF. IATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NU1VIBER 64 TO DEVELOP A GOLF DRIVING RANGE, BATHNG AND PITCHING CAGES, AND ACCESSORY USES ON FIFIH AVENUE NORTH OF 'C' STREET - The project involves construction of an athletic and sport recreational center on approximately nine acres located on Fifth Avenue north of "C" Street within the Inland Parcel of the Local Coastal Program. Staff recommends continuation of the hearing which will be renoticed prior to the public hearinJ~ date. This being the time and place as advertised, the public hearing was declared open. Chris Salomone, Director of Community Development, requested the hearing be continued to 2/23/93 at 6:00 p.m. MSC (Moore/Horton) m continue the public hearing to the Council meeting of 2/2:3/9:3 at 6:00 p.m., approved 4-0-1 with Nader absent. 13. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMFAN'T PERMIT NUMBER 63 TO ALLOW NATIONAL UNIVERSITY TO OCCUPY SPACE AT 740 BAY BOULEVARD - Applicant has withdrawn the project. Staff recommends Council accept the withdrawal. (Director of Community Development) This being the time and place as advertised, the public hearing was declared open. Chris Salomone, Director of Community Development, requested that Items 13 and 14 be withdrawn. National University had made arrangements to move into a building approximately one block north and staff would return with a revised proposal. There being no public testimony, the public hearing was declared closed. MSC (Moore/Horton) to remove Item 13 f~om the agenda, approved 4-0-1 with Nader absent. 14. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-93-18: REQUEST TO ESTABLISH AN EDUCATIONAL FACILITY AT 740 BAY BOULEVARD IN THE C'VP ZONE [NATIONAL UNIVERSITY) - FOSTER PROPERTY - Applicant has withdrawn the project. Staff recommends Council accept the withdrawal. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. MSC (Moore/Horton) to remove Item 14 from the agenda, approved 4-43-1 with Nader absent. Minutes February 9, 1993 Page 4 ) ORAL COMMUNICATIONS · Alex Galchenko, 1358 Caliente Loop, Chula Vista, CA, property owner of 570 and 576 Parkway, stated his property had been downgraded in density several years ago without informing him. He had intended to build eight apartments on the properties and was now only allowed to build one home on each property. His concerns had been referred to staff in the past and he did not feel that anything had been done. Eighty percent of the block was apartments and they would lose $80,000 ff the density was not restored. He demanded a letter from the Planning Department indicating they would be allowed to build eight apartments. Robert Leiter, Director of Planning, stated that review began in 1989 and several areas had been rezoned. The last time a rezone had been brought to Council there was an issue with the elementary school district regarding school mitigation fees. Staff was now in the process of putting together a study with the two school districts regarding how to deal with the school mitigation fees in areas proposed for rezoning. Staff would submit a report and a schedule for completing the zoning consistency study. Councilman Moore requested a brief memo with the dates the property was originally zoned, when it was rezoned, etc. and rationale. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITE1VIS 15. RESOLUTION 16989 AUTHORIZING THE INSTALLATION OF DELINEATORS AS A TEMPORARY MF_ASURE ON A PORTION OF THE 100 BLOCK OF 'E* STREET - Staff was requested to provide additional speed enforcement and information regarding vehicular traffic on the 100 block of "E" Street. Staff recommends approval of the resolution. (Director of Public Works) Daniel E. Henderson, 150 "E" Street, Chula Vista, CA, spoke in opposition to the staff recommendation. He stated there were approximately seventy families involved with the traffic island which would necessitate approximately ninety U-turns per day. He felt the installation of a median would create more problems than it would solve and suggested that Plan A be reviewed, a left-turn lane. Councilwoman Hotton questioned the accident history of the area. Clifford Swanson, Deputy Public Works Director/City Engineer, stated there had been four accidents in 1988; four accidents in 1989; two accidents in 1990; and one accident in 1992 after the installation of the painted median. Councilwoman Hotton questioned whether a left-turn lane was feasible. Mr. Swanson responded that the issue had been extensively reviewed by the Safety Commission and City Council with two or three public meetings being held. The neighborhood protested the removal of the parking which would have had to be removed for a left-turn lane. The only other option was a painted median which was done on 3/27/92. Councilman Moore stated that whatever rationale was used should also be used for other streets with similar traffic and line-of-sight. Staff had received input from the residents regarding the removal of parking but if a left-turn pocket was the logical thing to do, Council should "bite the bullet" and remove the parking ~ spaces. He was against forcing people to go to other streets or driveways in order to reach their residences. // Minutes February 9, 1993 Page S Mayor Pro Tem Rindone stated Council held two extensive hearings regarding the area and Council had changed the staff recommendation due to safety concerns. The second factor that was weighed by Council was the removal of parking. He questioned whether the cost would be doubled if the delineators were spaced at four feet. Mr. Swanson stated there could be cost savings by not putting the four foot spacing through the entire section, only putting the closer spacing in front of the critical driveways. Mayor Pro Tem Rindone stated that if Council was looking at a temporary solution for one year, it needed to be weighed heavily because staff was proposing a CIP project for 1993/94. He questioned what the timeline would be for completion of a median. Mr. Swanson responded that staffs concern on the CIP was safety, i.e. vehicles not going between the cones. If the delineators were at four foot spacing then the project of delineators could be permanent and a CIP project would not be needed. However, if the Council went forward with the CIP project of a raised median, it would take approximately 4-5 months to prepare the plans, advertise, and get ready to award a contract. Councilman Moore stated the four areas with delineators in the City were not in residential areas which he felt was the key to the issue. He would oppose any funds for a raised median and was not comfortable with the delineators. Mayor Pro Tem Rindone stated there was a problem with line-of-sight which had been discussed at the public hearing and tempered the Council's decision at that time. He was concerned with safety and felt that was the issue on which the Council had based their decision in the past. Councilman Fox did not feel there was an overwhelming accident problem in the area. Illegal left turns could be resolved by utilizing pylons but he did not want to see a proliferation of pylons throughout the City. He could wait for consideration of a CIP project for a raised median. MSF (Fox/Rindone) to approve staff recommendation #2, to direct staff to submit for C/P consideration a project for raised median on 'E' Street between Second Avenue and the 100 block of Minor Avenue. Motion failed 2-2-1 with Horton and Moore opposed and Nader absent. MSF (Rindone/Fox) to place the pylons on the section on 'E' Street, except for the center portion which would be at four foot intervals, staff would bring back a CIP proposal for FY 1993/94. Motion failed 2-2-1 with Horton and Moore opposed and Nader absent. MS Crtorton/Rindone) to direct staff to bring back a status report in six months on accident history and to prepare a proposal for FY 1993/94 ClP. Assistant City Manager Morris suggested that staff return at the time the CIP was submitted with the appropriate data requested by Council. Included in that would be a supplemental budget report outlining the accident history and an ultimate recommendation as to whether or not staff recommended the Council proceed with the median. Mayor Pro Tem Rindone agreed with the Assistant City Manager's recommendation. VOTE ON MOTION: approved 4-0-1 with Nader absent. ITEMS PULI.ED FROM THE CONSENT ~AR Item pulled: 7. The minutes will reflect the published agenda order. Minutes February 9, 1993 Page 6 OTHER BUSINESS 16. CITY MANAGER'S REPORT{S) a. Assistant City Manager Morris informed Council that the City had received a letter from the San Diego National Sports Training Foundation requesting that the City submit a letter to the U.S. Olympic Committee asking that they begin operation of the core facilities in first quarter of 1994. It was staffs intent to prepare a letter for the Mayor's signature unless directed otherwise by Council. a. Scheduling of meetings. · Staff requested that the workshop scheduled for 2/25/93 be moved to 3/4/93 at 4:00 p.m. Issues to be discussed would be solid waste and the Clean Water Program. · A memorandum had been distributed to Council regarding proposed meeting dates with the County Board of Supervisors for public meetings on Otay Ranch. The proposed dates were 3/24/93, 3/31/93, 4/7/93, and 4/22/93 from 2:00-5:00 p.m. The locations were not listed but it was staffs understanding that the locations would rotate. Mayor Pro Tern Rindone suggested that the meeting times be changed to 3:00-6:00 p.m. That would accommodate those members that had full-time employment and would also allow the working public to attend. 17. MAYOR'S REPORT(S) a. Appoint new delegate and alternate to Special Act DisU-ict for Waste Water. Item was discussed under Councilman Moore's comments. 18. COUNCIL COMMENTS Councilman Moore a. Replacement appointment to SAD and two alternates. Councilman Moore stated there were two voting delegates to the Special Act District and two alternatives. A voting member needed to be appointed to replace him as well as an alternate. MSC CRindone/Moore) to appoint Councilwoman Hotton as the voting member to SAD, approved 4-0-1 with hlader absent. MSC (Rindone/Moore) to appoint Councilman Fox as the second alternate to SAD, approved 40-1 with Nader absent. Councilwoman Horton · Councilwoman Horton requested that the staff report for Item 1S on the agenda include consideration of a left-turn and no parking on both sides of ~E~ Street. Minutes February 9, 1993 Page 7 Councilman Rindone · Regulation of Chula Vista taxicabs and potential impacts if not regulated by the City of Chula Vista. Richard Emerson, Chief of Police, stated the information given to Council had just been prepared and was still in rough draft. The issue was who would regulate the taxicabs in the City of Chula Vista, i.e. would it remain with the Police Department or should it be transferred to MTDB. A meeting was held within the last two weeks with 90% of the companies operating in the City and staff was compiling their input. Councilman Moore stated the issue was before Council six or seven years ago and Council had set policy then. Chief Emerson responded there was an ordinance regarding the controlling of taxicabs. The issue was that in 1989 there were five taxicabs operating in the City and in 1993 there were approximately eighty. The City was collecting fees and regulating cabs but some of the regulation by the City was not as extensive as MTDB. Mayor Pro Tem Rindone requested that staff address: 1) why the City of Coronado rejected the proposal; and 2) the impact on the taxicabs ff they were regulated by MTDB as their fees would be raised considerably. Council needed to be sure that any action taken was in the best interest of Chula Vista. He wanted to be sure the taxicab drivers were notified that their fees could almost double under MTDB. Chief Emerson stated that approximately 85% of the drivers were currently paying both MTDB and Chula Vista rates as they were operating in both areas. Mayor Pro Tem Rindone requested that the information given to him by the Police Department also be given to the other Councilmembers and be made public in order to increase public comments prior to Council action. It was not a time sensitive issue but an issue about being sure that it was in the best interest of the City, in particular the small businessman. Councilman Fox · Councilman Fox stated the City Clerk had requested input regarding clarification of the boards/commission/committee attendance policy. He questioned whether there was a recommended policy from the City Attorney's Office or if staff had requested that it be agendized for clarification. City Attorney Boogaard responded that he was not familiar with the memorandum. Mayor Pro Tem Rindone stated his response to the City Clerk had been to refer the issue to the Charter Review Committee with particular reference to paragraph five for reconsideration and recommendation. Councilman Fox stated he was unsure of the status. If it was at Charter Review for recommendation to Council he was satisfied. He requested that it be agendized under his comments for the 2/16/93 meeting with clarification from either the City Clerk's Office or the City Attoruey's Office as to the status. · Approval of members to the Environmental Enterprise Zone Task Force. Councilman Fox stated that Mayor Nader had requested that he bring forth the names for ratification to the Environmental Enterprize Zone Task Force. Gordon McDonald was unable to serve and there was no representative designated from the Economic Development Commission. Minutes February 9, 1993 Page 8 MSC {FoX/Horton) to ratify the following appointments: Enrique Melgar (Banking); Ben-fie Rheinerson t/teal Estate); Sheila Washington (Business); Don Blind (Chamber of Commerce); Grant Ferrier (Environmental Technology); Diane Takvorian (Environmental Organization); Michael Shames (Environmental OrganiT~tion); Jay Powell (Community Development Corporation); Victor Castfllo (Southwestern College); Jim Bliesner (City/County Reinvestment Task Force); Shirley Horton (Counc~); and Bob Fox (Council), approved 4-0-1 with Nader absent. Councilman Moore requested that Council receive a copy of the agendas and minutes for the task force. ADJOURNMENT City Attorney Boogaard informed Council that a counter offer had been received in the case of Roller vs. Chula Vista which he needed to discuss in closed session with Council and which came in after the preparation of the agenda. MSC 01indone/Horton) to find an emergency existed as a counter offer in the case of Roller v$. the City of Chula Vista, pending litigation pursuant to Government Code Section 54956.9, had been received after the preparation of the agenda, appraved 4-O-1 with Nader absenL The City Council recessed at 7:23 p.m. and reconvened and met in a closed session at 7:34 p.m. to discuss: Potential litigation pursuant to Government Code Section 54956.9 - IGOU vs. the City of Chula Vista. ADJOURNMENT AT 10:00 P.M. to the Regular City Council Meeting on February 16, 1993 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency met at 7:23 p.m. and adjourned at 10:00 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Depu~-f4~ty Clerk