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HomeMy WebLinkAboutcc min 1995/10/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 10, 1995 Council Chambers 6:03 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Moot, Padilia, and Mayor Horton ABSENT: Councilmember Rindone ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk MSC (Padilla/Alevy) to excuse Councilmember Rindone's absence from the 10/10/95 meeting, approved 4-0-1 with Rindone absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF M1NUTES: October 2, 1995 (Special Meeting of the City Council) MSC (Padilla/Alevy) to approve the minutes of October 2, 1995 as presented, approved 4-0-1 with Rindone absent. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the month of October as "National Arts & Humanities Month." The proclamation was presented by Mayor Horton to Chairperson Archie McAllister, Cultural Arts Commission. b. Cultural Arts Commissioner Coleen Scott introduced the winners of the 1995 Chula Vista Music Competition, Sweet Harmony, a vocal trio. c. Presentation by Mark Watton, Otay Water District, on Water Authority efforts to negotiate with Imperial Valley on water transfer. Mr. Watton was not present. d. Retiring Board and Commission Members Resolutions: Commission on Aging - Ruth Hagedom; Board of Ethics - Harriet Acton and Jerry McNutt; Human Relations Commission - Patrick Howell; International Friendship Commission - James Baker, Teresa Thomas and Suzarme Ramirez; Otay Valley Road Project Area Committee - Archie Hall; Parks and Recreation Commission - Diane Carpenter and Russ Hall; Planning Co~ramssion - Susan Fuller and Tom Martin; Resource Conservation Commission ~ Joe Ghougassian; Safety Commission - Bob Thomas. Mayor Horton noted that the resolutions would be presented at the Board/Commission banquet on Thursday, October 17, 1995. CONSENT CALENDAR (Items pulled: none) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and appruved 4-0-1 with Rindune absent. Item 13 continued to the meeting of 10/17/95. 5. WRlTTEN COMI~!LrNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken in Closed Session on 10/3/95. Staff recommends that the letter be received and tiled. Minutes October 10, 1995 Page 2 6. ORDINANCE 2643 REPEALING EXISTING CHAPTER 15.36 OF THE MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.36 OF THE MUNICIPAL CODE ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, WITH CERTAIN DESIGNATED MODIFICATIONS (first reading) - The Uniform Fire Code, as amended for Chula Vista, has generally been adopted as the ordinance regulating life safety in the City. The 1994 Uniform Fire Code and its amendments are recommended to replace the 1991 Edition currently in effect. Staff recommends Council place the ordinance on first reading. (Fire Chief) 7. ORDINANCE 2644 AMENDING CHAPTER 15.08 OF THE MUNICIPAL CODE ADOPTING THE UNIFORM BUILDING CODE, 1994 EDITION (first reading) - As mandated by the Building Standards Commission, State of California, each jurisdiction within the State shall adopt the 1994 Edition, Uniform Building Code no later than 1/1/96. The adoption ~s in conformance with Policy 500-04. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing) 8. ORDINANCE 2645 AMENDING CHAPTER 15.20 OF THE MUNICIPAL CODE ADOPTING THE UNIFORM HOUSING CODE, 1994 EDITION (first reading) - As mandated by the Building Standards Commission, State of California, each jurisdiction within the State shall adopt the 1994 Edition, Uniform Housing Code no later than 1/1/96. The adoption is in conformance with Policy 500-04. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing) 9. ORDINANCE 2646 AMENDING CHAPTER 15.28 OF THE MUNICIPAL CODE ADOPTING THE UNIFORM PLUMBING CODE, 1994 EDITION (first reading} - As mandated by the Building Standards Commission State of California, each jurisdiction within the State shall adopt the 1994 Edition, Uniform Plumbing Code no later than 1/1/96. The adoption Is in conformance with Policy 500-04. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing) 10. ORDINANCE 2647 AMENDING CHAPTER 15.24 OF THE MUNICIPAL CODE ADOPTING THE NATIONAL ELECTRICAL CODE, 1993 EDITION {tint readine) - As mandated by the Building Standards Commission, State of CalHbrnia, each jurisdiction within the State shall adopt the 1993 Edition, National Electrical Code no later than 1/1/96. The adoption is in contbrmance with Policy 500-04. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing) 11. ORDINANCE 2648 AMENDING CHAPTER 15.16 OF THE MUNICIPAL CODE ADOPTING THE UNIFORM MECHANICAL CODE, 1994 EDITION (first readlint) - As mandated by the Building Standards Commission, State of California, each jurisdiction within the State shall adopt the 1994 Edition, Uniform Mechanical Code no later than 2/23/96. The adoption is in conformante with Policy 500-04. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing) 12. ORDINANCE 2649 ADOPTING A NEW CHAPTER 15.18 OF THE MUNICIPAL CODE ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION (tint reading) - As recommended by the City Attorney, adoption of the 1994 Edition, Code for the Abatement of Dangerous Buildings will provide City personnel with appropriate procedures and guidelines to identify and abate any hazardous or dangerous buildings within the City. The adoption is in conformance with Policy 500-04. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing) 13. RESOLUTION 18064 APPROPRIATING $6,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR FINANCIAL ANALYSIS RELATED TO THE OTAY RANCH PROPERTY TAX NEGOTIATIONS - The fiscal year 1995/96 budget includes $5,000 for financial analysis related to the Otay Ranch property tax negotiations with San Diego County. Staff has already held a number of negotiating meetings Minutes October 10, 1995 Page 3 with San Diego County staff, and significantly more financial analysis is being required than was originally anticipated. Staff recommends approval of the resolution. (Deputy City Manager Thomas) 4/Sth's vote required. Councilmember Alevy stated he had recently changed his employment and was trying to ascertain whether there were any Brown Act considerations. Therefore, he requested that the item be continued as it required a 4/Sth's vote. Councilmember Padilia stated he had planned on pulling the item from the Consent Calendar and would support a continuance. MSC (Alevy/Padilla) to continue the item to the meeting of 10/17/95, approved 4-0-1 with Rindone absent. 14. RESOLUTION 18065 WAIVING THE BID REQUIREMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE URBAN CORPS OF SAN DIEGO (NOT TO EXCEED $32,000), I LOVE A CLEAN SAN DIEGO (NOT TO EXCEED $16,500) FOR USED OIL RECYCLING EDUCATION SERVICES, AND LAIDLAW WASTE SYSTEMS (NOT TO EXCEED $58,000) FOR ON-CALL COLLECTION SERVICE - On 7/25/95, Council approved accepting a Used Oil Block Grant and a Used Oil Opportunity Grant from the California Integrated Waste Management Board and appropriated funds therefore. This resolution implements the service agreements now needed to move foiward on the project. Staff recommends approval of the resolution, (Conservation Coordinator) 15.A. RESOLUTION 18066 WAIVING CONDITIONS OF APPROVAL NUMBERS 7, 37, 38, 39 AND AMENDING CONDITION OF APPROVAL NUMBER 36, RELATING TO CERTAIN PUBLIC IMPROVEMENTS - On 6/24/95, Council approved the Tentative Subdivision Map for Tract 95-05, EastLake Greens Unit 28. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18067 APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT TO SATISFY CERTAIN CONDITIONS OF APPROVAL FOR TRACT 95-05, EASTLAKE GREENS UNIT 28 C. RESOLUTION 18068 APPROVING FINAL MAP FOR TRACT 95-05, EASTLAKE GREENS UNIT 28 * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING CONSIDERING VACATION OF A PORTION OF ORANGE AVENUE ALONG THE FRONTAGE OF DON LUIS MOBILE ESTATES AT 121 ORANGE AVENUE - On 9/12/95, Council declared its intention to vacate an excess portion of Orange Avenue right-of-way along the frontage of the Don Luis Mobile Estates mobile home park and set 10/3/95 as the date for the public hearing. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 10/3/95. RESOLUTION 18069 ORDERING THE VACATION OF A PORTION OF ORANGE AVENUE ALONG THE FRONTAGE OF DON LUIS MOBILE ESTATES AT 121 ORANGE AVENUE John Lippitt, Director of Public Works, gave a brief history of the projcct. Anew resolution had been distributed which required that a sidewalk be installed along the new alignment along Orange Avenue. This being the time and place as advertised, the public hearing was declared open. · Steve Palma, 176 Montgomery Street, Chula Vista, CA, representing the Otay Committee, stated he was speaking in opposition to the staff recommendation although he fully supported the vacation of the property. He Minutes October 10, 1995 Page 4 was requesting parity for the Don Luis Mobilehome Park. The Palms Mobilehome Park had access to Orange Avenue and asphalt sidewalks. The Otay Committee had been looking at the issue for 5 years. The entrance from Orange to Albany Avenue was a traffic hazard and he would like to see a major entrance on Orange Avenue with a barrier or median in the road. The residents would accept a right turn only situation. He did not feel the installation of a sidewalk at a cost of $10,000 fair to the Don Luis Mobilehome Park when the Palms Mobilehome Park had asphalt sidewalks. The Palms Mobilehome Park also had an outside storage lot which was an eyesore and the Don Luis Mobilehome Park had always maintained their area and the easement. · Luis Cacho, owner of Don Luis Mobile Estates, stated he agreed with just about everything proposed, but disagreed with the 18 ft. being required by the City tbr easements. The property was narrow and they would need all the footage they could get in order to utilize it for additional mobilehomes. If additional property was left it would also require more landscaping. He felt 5 ft. for the sidewalk and 5 ft. for landscaping would be fair. The exit was also a problem as there had been a lot of accidents. They did have an emergency exit on Albany, but because it was a narrow road he felt there could also be a traffic problem. He requested that the City give them an additional 10 ft., and exit on Orange Avenue, or have the City look at the emergency exit on Albany. There being no further public testimony, the public hearing was declared closed. Mayor Horton questioned if there were plans to widen the road. Mr. Lippitt responded that it was not included in the budget or CIP program. It was designated in the General Plan as a major highway and that was what the City was trying to preserve the right-of-way for, which required a 50 ~. half street. There was 32 ti. between the curb and centerline and the City took 10 ft. behind the curb for the sidewalk and parkway area, which would be an additional 8 ft. from what would normally be taken from the curb. Mayor Horton stated she was concerned with the access into the park and questioned whether staff should look into it further or refer it to the Safety Commission. Mr. Lippitt stated Council could move fbrward with the vacation of the street as the access was not included in the resolution. Mr. Boogaard informed Council that the revised resolution added the sidewalk condition to the resolution but not the Albany entrance. Staff was planning, unless directed otherwise, to require the Albany entrance in the reconfiguration of the site. If Council directed otherwise staff would not move forward with the condition. Mr. Lippitt stated staff had reasons fur not supporting the Orange Avenue entrance and would want to present those to Council. The issue could be reviewed in the future. Mayor Horton questioned if there were additional properties algng Orange Avenue that would meet the future plans for the roadway. Mr. Lippitt responded that the City would have to purchase fight-of-way on the south side to the west in order to widen Orange Avenue, east of the mobilehome park the right-of-way was adequate. Councilmember Alevy supported the project but felt staff should return with more information regarding an Orange Avenue entrance. He felt the Albany entrance was dangerous. He questioned if one of the problems was the left hand turn into westerly traffic and if paint striping could be utilized to create a left turn lane. Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that paint striping could be done, but past experience showed that it did not stop the vehicles from crossing illegally. Staff was concerned that someone would get hit without the installation of a raised median. The advantages of putting the traffic out on Albany was that a signal could be installed at that site in the future which would control all turning movements. Councilmember Alevy noted that there was an elementary school, park, and community center of activity further south on Albany and he preferred to keep as much traffic as possible off Albany. Minutes October 10, 1995 Page 5 RESOLUTION 18069, AS AMENDED, OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. Staff to return with information regarding an entrance on Orange Avenue. 17. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT-OF-WAY ON BONITA ROAD FOR THE CONSTRUCTION OF "BONITA ROAD BICYCLE LANE" PROJECT - Bonita Road is a part of the Regional Bikeway System and is shown as having bicycle lanes in the Bikeway Facilities Plan. The subject project will fill in the last missing link of the bicycle lanes on Bonita Road. The project was included in the fiscal year 1993/94 CIP program. To construct the bike lanes, the City needs to obtain a street easement over a portion of the property owned by Denny's Realty, Inc. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 18070 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE BONITA ROAD BICYCLE LANE PROJECT AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the California Code of Civil procedures required that certain conditions be established before the power of eminent domain be exercised. Those conditions were: 1) public interest and necessity required the project; 2) the prqiect was planned or located in a manner that was most compatible with the public good and least private injury; and 3) the property sought to be acquired was necessary for the project. The right-of-way to be acquired was to widen Bonita Road to provide a 5 ft. bicycle lane. A bike lane existed on both ends of the project and the project would provide a continuous bike lane through the area and increased safety for both bikers and vehicular traffic. Staff had also carefully reviewed their ability to construct the project without the right-of-way and had determined that it could not be built if the right-of-way was not acquired. Based on that infbrmation staff recommended that findings be made and the resolution approved. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was closed. RESOLUTION 18070 OFFERED BY MAYOR HORTON, reading nf the text was waived. Mayor Hotton questioned the reason fbr the large disparity between the amount listed in the fiscal impact and whether it would be handled in-house. Mr. Boogaard responded that it would depend upon whether or not the City could negotiate a settlement without substantial litigation costs. The negotiations for eminent domain were always referred to litigation counsel, i.e. Daley & Heft. VOTE ON RESOLUTION 18070: apprnved 4-0-1 with Rindone absent. 18. PUBLIC HEARING CONSIDERING TESTIMONY ON ANNEXING TERRITORIES INTO EASTLAKE MAINTENANCE DISTRICT NUMBER 1 - EastLake Development Company has added land to EastLake Greens as a result of a land swap. The land swap contained territory that was not included within EastLake Maintenance District Number 1. This action will adjust the boundaries to include all the Greens within the Landscaping Maintenance District. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 18071 ANNEXING TERRITORIES INTO EASTLAKE MAINTENANCE DISTRICT NUMBER 1 This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was closed. Mayor Horton questioned if there were any protests received. Minutes October 10, 1995 Page 6 Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that no protests had been received. There was only one owner and they had requested the item. RESOLUTION 18071 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. ORAL COMMUNICATIONS · Gale Moriarity, representing BAN, stated in response to the Council's questions regarding the amphitheater proposal on Otay Valley they were compiling a packet of information that they would try to have to the City Clerk for Council's packets on Friday. Mr. Boogaard informed Mrs. Moriarity that the Council packets were delivered on Thursday and the information should be received in the City Clerk's office by 5:00 p.m. on Thursday. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 19. CITY MANAGER'S REPORT{S) - None 20. MAYOR'S REPORT(S) · Mayor Horton stated there was a press release from the American Lung Association that gave the City of Chula Vista a failing grade for not adequately preventing youngsters from having access to tobacco products. The American Lung Association in a subsequent news article made it appear that the City was not doing enough to make the youth tobacco free. Tobacco education was one of the components of the City's Youth Action Program. The City had received a two year $20,000 grant from the State Department of Health Services to expand the Youth Tobacco Education programs. South Bay Community Services, the YMCA, Boy's & Girl's Club had been working with the City to counter pro-tobacco influence in the community through education. Other education programs were also ongoing. The City was being very proactive in educating the youth about tobacco. She felt the City may need to be more proactive in enforcing City ordinances regarding cigarette vending machines. She requested a report back from staff on what the ordinances were for the City and what could be done to strengthen the ordinances so tobacco would not be so readily accessible to those under the age of 18. 21. COUNCIL COMMENTS Councilmember Alevv · Councilmember Alevy questioned if the CIP tour and the Otay Ranch workshop had been rescheduled. Minutes October 10, 1995 Page 7 Mr. Goss responded that he was uncertain as to whether there was a date set for the Otay Ranch workshop. Staff was coordinating with the Mayor/Council secretary. He had reviewed the proposed agenda and his direction back to staff was to make the workshop one-half a day. He also suggested that it could be heard on a Tuesday, when there was a light agenda. There would be an open house for BECA in mid-November and Council would have the opportunity to tour that facility at that time. A date for the CIP tour had not been established. Councilmember Moot · Councilmember Moot stated he had represented the City at the Arturo Barrios 10K race. It would be broadcast on ESPN on Sunday, November 5, 1995 at 10:00 a.m. ADJOURNMENT ADJOUP,.NMENT AT 6:51 P.M. to the Regular City Council Me~ting on October 17, 1995 at 6:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency convened at 6:52 p.m., recessed at 6:53 p.m., and adjourned at 7:06 p.m.. A Special Meeting of the Industrial Development Authority convened at 6:53 p.m. and adjourned at 6:58 p.m. CLOSED SESSION Council met in Closed Session at 7:06 p.m., reconvened at 7:19 p.m., and adjourned at 7:19 p.m. 22. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). 2, Anticipated litigation pursuant to Government Code Section 54956.9 · Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. 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. 23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: Vicki C. Soderqnist, CMC,~ty City Clerk