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HomeMy WebLinkAboutcc min 1998/06/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, June 16, 1998 Council Chambers 7:10 p.m. Public Services Building CALL TO ORDER l. ROLL CALL: PRESENT: Councilmembers: Moot, Padilla, Rindone, Salas, and Mayor Horton. ABSENT: Councilmembers: None ALSO PRESENT: city Manager, David D. Rowlands; city Attorney, John M. Kaheny¡ City Clerk, Beverly A. Authelet¡ and Deputy City Clerk, Charline v. Long. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: June 2, 1998. MSUC (Padilla/Moot) to approve the June 2 minutes. 4. SPECIAL ORDERS OF THE DAY: . Proclaiming Saturday, June 20 and Sunday, June 21, 1998 as "Relay for Life Days" in the city. Dr. Art Garcia, Chair of the American Cancer Society, Relay for Life Days, was not pre:sent to receive the Proclamation. CONSENT CALENDAR (Items pulled: 11) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts waived, passed and approved unanimously 5-0, except for Item No. B with Councilmember Salas abstaining, No. 9 with Councilmember Padilla abstaining, and No. 12 with Rindone abstaining. 5. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 6/9/98, that there were no reportable actions under the Brown Act to be reported. The letter was received and filed. B. Letter of resignation from the Economic Development Commission - William C. Tuchscher, II. The resignation was accepted with regret, and the city Clerk was directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. RESOLUTION 19038 ACCEPTING THE AGREEMENT FOR THE SECOND YEAR OF A THREE YEAR USED OIL RECYCLING BLOCK GRANT #UBG5-96-2055 FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTBRING THE GRANT AND APPROPRIATING $89,472 FOR FISCAL YEAR 1998/99 TO IMPLEMENT THE GRANT - The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chu1a Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates the California Integrated Waste Management Board use a portion of the funds to provide block grants to local governments for used oil programs that encourage recycling. Per staff's recommendation, the resolution was approved unanimously 5-0. (Conservation Coordinator) 4/5th's vote required. -....----..- Minutes June 16, 199B Page 2 7. RESOLUTION 19039 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENTS FOR LANDSCAPE MAINTENANCE SERVICES FOR OPEN SPACE DISTRICTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, BAYFRONT, AND TELEGRAPH CANYON ROAD - On April 4, 1998, an advertisement was placed in the Star News, La Prensa, and San Diego Daily Transcript soliciting bids for the landscape maintenance contracts of open space maintenance districts throughout the City. In addition, 116 prospective bidders from the Purchasing Agent's bid list, including 13 local contractors, were notified by mail. On April 23, 1998, a mandatory pre-bid conference and tour of areas to be maintained was held for interested contractors; 18 prospective bidders attended. On May 7, 1998, four contractors submitted bids on some or all of the maintenance districts. One local contractor submitted a bid, but was not competitive for any district bids. Per staff's recommendation. the resolution was approved unanimously 5-0. (Director of Finance and Director of Public Works) 8. RESOLUTION 19040 ACCEPTING BIDS AND AWARDING A PURCHASING AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR OPEN SPACE DISTRICT 10 TO R.C. LANDSCAPE Based upon the advice of the City Attorney, this item has been separated due to conflict of interest concerns. A Councilmember owns property subject to the open space maintenance contracts in this district. Per staff's recommendation, the resolution was approved 4-0-0-1 (Salas abstaininq) . (Director of Finance and Director of Public Works) Councilmember Moot stated that his home was located within this District. However, he did not feel he needed to abstain since the item was only accepting bids and awarding an agreement. 9. RESOLUTION 19041 ACCEPTING BIDS AND AWARDING A PURCHASING AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR EASTLAKE LANDSCAPE MAINTENANCE DISTRICT - Based upon the advice of the City Attorney, this item has been separated due to conflict of interest concerns. A Councilmember owns property subject to the open space maintenance contracts in this district. Per staff's recommendation. the resolution was approved 4-0-0-1 (Padilla abstaininq). (Director of Finance and Director of Public Works) 10. RESOLUTION 19042 APPROVING FIFTH AMENDMENT TO AGREEMENT WITH SAN DIEGO TRANSIT CORPORATION FOR UNIFIED TELEPHONE INFORMATION SYSTEM - On July 19, 1980, South Coast Organization Operating Transit (SCOOT) entered into an agreement with San Diego Transit Corporation (SDTC) for Regional Transit Telephone Information Service. This service provides Chula Vista Transit (CVT) riders with schedule information both on CVT and on all fixed route transit systems operating in the county. On July 1, 1993, SCOOT was dissolved, and the agreement for this telephone information service was changed beginning in fiscal year 1993/94 to be with the City of Chula Vista. This fifth amendment to the agreement for fiscal year 1998/99 continues CVT's participation in this Regional Transit Information System at a cost of $29,821, a 19.5% decrease from the fiscal year 1997/98 cost of $35,640. Per staff's recommendation. the resolution was approved unanimouslv 5-0. (Director of Public Works) ll.A. RESOLUTION 19043 APPROVING FINAL "A" MAP NUMBER 1 FOR TRACT NUMBER 96-04, OTAY RANCH SPA ONE VILLAGE 1, REJECTING ON BEHALF OF THE PUBLIC EAST PALOMAR STREET, MONARCHE DRIVE, SANTA FLORA ROAD, GOLD RUN DRIVE, AND POTIONS OF PASEO RANCHERO AND TELEGRAPH CANYON ROAD DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF OLYMPIC PARKWAY AND PORTIONS OF PASEO RANCHERO, AND ACKNOWLEDGING ON BEHALF OF THE CITY THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST OF LOTS "Au THROUGH "E" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES AND LOTS "F" AND "R" FOR PUBLIC PARK PURPOSES - On November 19, 1996, Council approved the Tentative Subdivision Map for Tract 96-04, Otay Ranch SPA One. Condition Number 117 requires the developer to submit and obtain approval of the City of a master Minutes June 16, 1998 Page 3 final map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots. The "A" Map is also required to show the backbone street dedications and utility easements required to serve the "super block" lots. All "super block" lots created are also required to have access to a dedicated public street. The first final "A" Map and associated agreement for Otay Ranch SPA One Village 1 are now before Council for approval. Per staff's recommendation, the resolutions were approved 4-0-1 (Mavor Horton had briefly stepped awav from the dais). (Director of Public Works) B. RESOLUTION 19044 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NUMBER 96-04, OTAY RANCH SPA ONE VILLAGE 1 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Item was pulled by Councilmembers Moot and Rindone. Councilmember Moot asked about the pedestr ian br idge that was connecting a couple of the villages. Cliff Swanson, Deputy Director of Public Works/City Engineer, replied that under the SPA Plan and tentative map requirements, Villages 1 and 5 have to be connected to the trail system with a pedestrian bridge. It also required the SPA Plans, the general plan, and the tentative map to have a future pedestrian bridge over Olympic Parkway to the south between Village 1 and future Village 2 and Village 5 and future Village 6. Councilmember Rindone asked what is the timeframe that has changed moving the high school from Village 7. Mr. Swanson responded that he didn't have that information available. It depends upon the developers' plans. The Planning Department may have more information on when they propose to develop the future Villages. councilmember Rindone stated he had another question regarding the location of the seven acres of the adult education facility in Otay Ranch and when that will be coming on line. Since he did not want to hold this up tonight, he requested a written response to both of those questions. He is often asked when the high school in Otay Ranch will be under construction. RESOLUTIONS NOS 19043 AND 19044 OFFERED BY COUNCILMEMBER MOOT, headings read, texts waived, passed and approved 4-0-1 (Horton absent from the dais). 12. RESOLUTION 19045 APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR COSTS INVOLVED IN TRAFFIC SIGNAL RELOCATION AT THE NORTHEAST CORNER OF FOURTH AVENUE AND "E" STREET - On May 6, 1997, Council authorized the appropriation of $15,000 out of the Traffic Signal Fund for the purpose of reimbursing Tony Zamir who built a dental office building at 397 "E" Street. Evidence submitted by Mr. Zamir indicate that the actual costs of construction exceeded $27,000. Additional funds must be appropriated to reimburse Mr. Zamir for his total costs. Per staff's recommendation. the resolution was approved 4-0-0-1 lRindone abstaininq since this was close to his home). (Director of Public Works) 4/5th's vote required. * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING AMENDING SECTION 13.14.150 OF THE MUNICIPAL CODE TO ALLOW DELINQUENT SEWER SERVICE CHARGES TO BE PLACED ON THE PROPERTY TAX BILL FOR COLLECTION - The city is currently billing approximately 15,000 accounts for ~--- Minutes June 16, 1998 Page 4 sewer service. Two percent of these accounts become seriously delinquent. If, after extensive collection efforts, payment is not made the City obtains a judgement through Sma 11 Claims Court. A lien is then placed against the property, but the City receives no payment until the property is sold or refinanced. Adoption of this ordinance will modify this process allowing these delinquent charges to be placed on the property tax bill so payment can be received within a year, as opposed to waiting indefinitely. This will increase annual revenues tot he Sewer Fund, as well as greatly enhance the efficiency of the collection process. Per staff recommendation, the ordinance was placed on first readinq. (Director of Finance) ORDINANCE 2736 AMENDING SECTION 13.14.150 OF THE MUNICIPAL CODE TO ALLOW DELINQUENT SEWER SERVICE CHARGES TO BE PLACED ON THE PROPERTY TAX BILL FOR COLLECTION (first readinq) Robert Powell, Finance Director, stated that currently the City has approximately 55,000 customers for sewer service: twenty-nine thousand are billed by the Otay Water District on the water bill; 15,000 are billed by the City which were previously billed by the Sweetwater Authority; and about 10,000 in the Montgomery area are billed on the County tax rolls. Delinquencies are almost nil in both the Otay and Montgomery billing groups. In Otay, because of their ability to shut off the water; and in Montgomery due to the fact that the property tax rolls are utilized which immediately creates a lien on the property. For City-billed accounts, the delinquency rate is approximately 2% and is only kept at this level through a very aggressive and time consuming collection effort which may involve property tax liens obtained through a small claims court action. These liens are only enforceable upon the sale or transfer of the property. The recommendation before Council will reduce collection costs and generate an additional $60,000 in revenues each year. Both of which will be factors in maintaining the lowest overall sewer charges for our customers. This being the time and place as advertised, the public hearing was opened. Addressing Council were: . Dave Wilson, 824 Stanford Avenue, Chula Vista, representing the Pacific Southwest Association of Realtors, who have in the past opposed the liening of public utility bills on private property. He felt it was an injustice to the property owners, especially to the non-owner occupied properties. The property owners may have tenants who have unpaid bills and they are not aware this situation exists. When property is rented, a contract agreement includes the payment of the utilities by the tenant which includes the sewer bill. If the tenant doesn't pay it, the only way of enforcement for that property owner is through small claims action. To have the City bill that owner, seems to be unfair. He felt the majority of delinquents would be non-owner occupant properties. He felt the City should look for another way of addressing this issue. Mayor Horton asked if there was an alternative to what is being proposed. Mr. Powell responded that one of the first notices which the City sends out on delinquent accounts is to the property owner. This is per an agreement that we made when we initially took over the Sweetwater accounts. We were requested by the property owners to receive these notifications. The only alternatives that staff is aware of, because we have no shut-off authority, is the one we are currently using which is many follow up letters to both the landowner and the tenant. Once we get to the point that we are getting no response, then we take it to small claims court. We get a lien against the property owner at that time just like we would with a property tax bill except we have to wait until the property turns over. Councilmember Rindone wanted to know why we didn't have any shut-off authority since that seemed to be the method that is highly successful with the Otay Water District. Mr. Powell responded that when the water bill was separated from Sweetwater . Minutes June 16, 1998 Page 5 Authority, the Authority at the time made it very clear that they would not shut off water because of non-collection of our sewer bills. So we cannot shut off water, because we don't control that. We are precluded from public health issues from shutting off the sewer services. Councilmember Moot stated you can cover this problem very easily in a lease with a tenant; you can have a secured deposit; failure to pay the sewer bill will be grounds to terminate the lease. You can include that as a damage when you get your deposit, so if the tenant doesn't pay it, you can take it out of the security deposit. There are a lot of remedies available in a common lease or rental agreement that the private sector can take without it burdening the tax payers. We have no choice but to provide this service and collect the fee for the service. Mr. Wilson stated that the situation is frequently the property owner is not in a position to recover all of that cost. To turn around and add the sewer fee on top of it is an insult. The lost rent is already a problem. The legal process to go ahead and get someone out of a property is fairly involved and can cost considerable amount of money; even in excess of what might be in a security deposit. . Patty Davis, 653 Redlands Place, Chula Vista, stated that the other utility companies like SDG&E, Otay Water, and the Phone Company can't lien the landowner for those utilities. The fact that they give credit to the person, and the person doesn't fulfill their responsibility and obligation, they have to go after the person. She felt the City should have to go after the person who is using the service. She stated that the California Apartment Owners Association has a law suit pending against the City of Stockton that will probably be settled in August, 1998. If it goes the way it is expected to go, they will not allow the cities to lien property holders for utilities. There is also a bill pending in the Assembly (SB-2166 Costa) which would prohibit cities from liening property owners for utilities of their tenants. She felt it was a private property rights issue and one that she was concerned about. She encouraged Council not to support this, but to defer it until we see what happens to the law suit. There being no one else indicating a desire to address the Council, the public hearing was closed. Mayor Horton asked legal staff if he was aware of the case pending in August. Mr. Googins responded that the City Attorney's Office is not aware of the specifics of the Stockton law suit as it might relate to the proposal before Council. It is staff's understanding in general terms that they won initially and that the matter was on appeal. The City Attorney's Office did analyze the legality of this matter and concluded that this would be a legitimate and legal way to collect the fee. If in fact this case is identical to what we are doing here, we would need to reevaluate whether or not this collection mechanism was appropriate. There is an alternative collection mechanism in the Code which does not have a tax roll lien but a property tax lien after a judgement in small claims court. While it does also involve a lien against the property, its what we have been doing for many years. Mayor Horton stated she would like to defer this and set up another meeting with Sweetwater Authority to discuss other options such as cooperation in turning off the water, if in fact that might not be more palatable means to accomplish our goal. She felt we could set something up within the next month. David Rowlands, City Manager, stated that the drop dead date is August 10 to put anything on the tax bill. If the Council proceeds with this ordinance, we could come back before the second reading of the ordinance with more information. If it was delayed tonight, it may push back the opportunity for this coming fiscal year to have it on the tax roll. Legal Counsel has researched this, and it is a legally appropriate way to do it right now. Councilmember Moot stated that when Council went through the negotiations with Minutes June 16, 1998 Page 6 Sweetwater, we delayed going to City sewer billing for nine to ten months because we kept going back to Sweetwater and asking over and over to please let us bill water and sewer together. They kept coming back saying they wouldn't do it. This is not like a phone bill or gas and electric bill. The City can't shut off the sewer. Councilmember Padilla stated that this is a system that we cannot afford to allow any component to shut down at any time for a multitude of legal policy and health reasons, so it makes that option unrealistic in its impacts to other users and payers of the system. The reality is that we owe it to those who are paying. If we are in the business of owning real property and renting it out to people, we have a lot of tools at our disposal to insure legally that a perspective renter of property pays the utilities that they are required to pay. A mechanism can be put into place to recover the cost of litigating if it should become necessary to getting rid of the tenant. It is this Council's responsibility to make sure that the system operates and that we are able to realistically collect delinquencies. Until the time that we know the results of the legal case in Stockton, we need to move forward. Mr. Googins added that the process does require that a public hearing be noticed and that both landlord and tenant would have an opportunity to come forward and make equitable arguments regarding the fact that it was a tenant's debt and they didn't have it properly covered in their lease and that the tenant left them holding the bag. In the public hearing context, on a case-by-case basis, where those equitable circumstances arose, that legitimate concern could be addressed. ORDINANCE 2736 PLACED ON FIRST READING BY MAYOR HORTON, heading read, text waived, passed and approved unanimously 5-0. 14. PUBLIC HEARING CONSIDERING A SERIES OF AMENDMENTS TO MUNICIPAL CODE CHAPTER 9.50 TO ALLOW THE ADOPTION AND ADMINISTRATION OF AN ENHANCED AND SIMPLIFIED ENFORCEMENT PROGRAM FOR MOBILEHOME PARK RENT REVIEW - Last year the City's Mobilehome Rent Review Commission conducted two public hearings to solicit public input on how to clarify and streamline the Mobilehome Park Space Rent Review Ordinance Number 2251. The proposed changes are the result of this input and hereby recommended to be approved by Council. A second general reading of the proposed changes will be required before any changes to the Ordinance are adopted. Per staff's recommendation, the ordinance was placed on first readinq. (Director of Community Development) ORDINANCE 2737 AMENDING CHAPTER 9.50 OF THE MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE RENT REVIEW (first readinq) Juan Arroyo, Housing Coordinator, stated that the amendments were designed to clarify the language of the ordinance and streamline its implementation. It was important for Council to approve the proposed amendments, because it will substantially help to resolve some problems which are currently developing in the Brentwood Mobilehome Park. If there are other substantial changes which Council wishes staff to review, staff can bring those back for consideration at a future date. This being the time and place as advertised, the public hearing was opened. Addressing Council were: . Ken Stavers, Palms Mobile Estate, 275 Orange Avenue Space No. 26, Chula Vista, G.S.M.O.L. President, stated he was at the September 18, 1997 meeting addressing the Mobilehome Rent Review Board. He brought up the need for inspections of all mobilehome parks at least once a year. There are a number of problems in the Brentwood Mobilehome Park on Industrial Boulevard. He stated that a full rent review should not be limited just to the needs of the owners, but also to the needs of the tenants. He felt that during every CPI raise, management should staple to the rent increase, the full address and phone numbers on who to contact for possible violations or problems. Minutes June 16, 1998 Page 7 Councilmember Padilla stated that he has mentioned to staff that he will be coming back under his comments in the coming months to Council with some proposals for substantive changes to the core of the ordinance. He felt that we should limit the comments tonight to the proposed changes knowing that there will be more substantial proposals coming to council in the future. The people in the audience could testify to those issues at that time. · Pat LaPierre, 1925 Otay Lakes Road, Chula Vista, 91913, stated that as far as the ordinance tonight with the non-substantive administrative changes, he had no objection to it. They were basically here tonight to talk about substantive changes. If Council doesn't want to hear the complaints tonight, how is this going to work. Councilmember Padilla responded that although this is not an issue before Council tonight, this will be an issue before the Council very soon, and the commentary on substantive changes should take place at that time. Councilmember Moot asked if the parties interested in substantive changes have had an opportunity to take these issues to the Mobilehome Rent Review Commission. It sounds like they want these issues discussed. They should start at the Commission level. Have they been advised how to get that process started. Mr. Arroyo responded that during the proceedings and hearings, there were some comments made to other issues that were of concern. But the Commission structured the proceedings to deal with only the procedural implementation type of issues. They acknowledged some of the concerns that were raised at that point, but their actions were strictly related to these issues which we are discussing tonight. Mr. LaPierre stated that there is a difference between administrative changes and legislative changes. The Mobilehome Rent Review Commission was not empowered to discuss or to take into consideration anything else but administrative changes. The substantive changes were brought up and they were viewed, but they were not discussed in detail. They would not have been able to make an evaluation or a judgement. It was his opinion that it is a legislative item that has to take place at the Council. The Commission is not in the legislative business. · Earl Biggers, 677 "G" Street, Space 26, Chula Vista, 91910, ex-officio member of the Mobilehome Rent Review Commission, stated that he wanted Council to know that he was not notified about this meeting. If a friend had not told him about the meeting, he would not be present. He wanted to speak, because he was part of the discussion to suggest these changes and he was in support of them; especially the issue of arbitration. As it stands now, before any changes can be made adjudicating a rent increase, after arbitration, it must come to the Rent Review Commission to be done allover again and that is the final word. It was a strong recommendation to do away with the arbitration step and bring the issues straight to the Rent Review Commission. He also supported the other general changes. He suggested a further change to add under, "Notice rent increase in excess of CPI" the following: "Annual Cumulative Rent Increase in Excess of CPI for this fiscal year." All of the discussions that the Commission has had always has been for the cumulative raise for a fiscal year. There is a little ambiguity the way it is now stated in the ordinance. Along the same line, it states, ·'the CPI is blank percent, and this increase is blank percent, etc. He would like to have it changed to, "the cpr is blank percent and this increase reflects accumulative increase for the space of blank percent." He felt it would remove the ambiguity that there is only one increase per space per year. Mr. Salomone stated that those are the exact changes that are in the language before Council. Unfortunately, they came forth in the amended copy. · Edward Nagorski, 1925 Otay Lakes Road, Space 80, Chula Vista, 91913, commented that in September 1997, we had a Commission rent hearing, and there was a sign up place in the back. Everyone who was interested in knowing what was going on in the future, signed up. The next notice he got was in October 1997. He did not get a notice about this meeting. He felt someone should look into Minutes June 16, 1998 Page 8 this. We should put in the ordinance a new way of informing mobilehome owners that there is an ordinance. The last time it was done, the ordinances were sent out to the park owners or managers to be distributed in the park. They didn't get distributed. About 70% of the mobilehome owners in the City don't know that we do have a rent control ordinance. Mayor Horton suggested that as a requirement for every sale of a mobilehome, we should do something similar to what we require when someone purchases a home in a Mello Roos area. They are given a form explaining the Mello Roos obligation and then required to sign it. Staff is doing something similar, but take it a step further, make it a requirement that they be given a full copy of the ordinance at the time of signing to purchase a mobilehome. . Dennis L. Chaffee, 43 Corso Di Italia, Chula Vista, 91910, president of the GSMOL Chapter, commented that we have waited a long time for these amendments to come forth. He was hoping these would be passed as quickly as possible because many mobilehome residents are living on social security at approximately $700 a month. They do not have the funds to hire attorneys, etc. There being no one else indicating a desire to address Council, the public hearing was closed. ORDINANCE 2737 PLACED ON FIRST READING BY COUNCILMEMBER MOOT, heading read, text waived. Mayor Horton stated that she wasn't sure if the one item regarding the disclosure had to come back to Council, but she felt that would be an excellent way to make sure the buyer is informed. There are other issues which are of concern to the residents and she felt that when it comes to health and safety, those issues should come forth as soon as possible. VOTE: First reading was passed and approved 5-0. Councilmember Padilla commented that he will be bringing changes forward under his comments directly as legislative changes. He has briefly discussed this with staff to give them an information item about it. He is not bringing it through the Rent Review Commission because some of those changes directly relate to the Commission's role as an independent arbiter; and it is inappropriate for the Commission to make legislative recommendations that would impact their role as an independent arbiter in the ordinance. It is also not appropriate for them to be proposing legislative changes. The City Attorney does concur with him in that opinion. 15. PUBLIC HEARING CONSIDERING AN INCREASE IN THE AB 939 FEE TO FUND A HOUSEHOLD HAZARDOUS WASTE EDUCATION AND DISPOSAL PROGRAM FOR CHULA VISTA RESIDENTS AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS - The California Integrated Waste Management Act of 1989 (AS 939) requires that all cities and counties develop and implement a Household Hazardous Waste Element (HHWE). Cities and counties are subject to civil penalties of up to $10,000 per day for failure to make a good faith effort to develop and implement their plans. AS 939 further established that a city may impose fees in amounts sufficient to pay the cost of preparing, adopting, and implementing HHWE' s as an element of an integrated waste management plan. Per staff's recommendation. the resolution was aDDroved unanimously 5-0. (Conservation Coordinator) 4/5th's vote required. RESOLUTION 19046 INCREASING THE AB 939 FEE TO FUND A HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM AND APPROPRIATING FUNDS THEREFOR Michael Meacham, Conservation Coordinator, mentioned that the item went to the RCe, they passed the item with two comments. One, they had earlier made a request that there be a provision made to expand the opportunity for additional generators other than residents to participate. Included in this process is the opportunity for small businesses under a statute called the Conditionally Exempted Small Quantity Generator to participate in the program. Secondly, they Minutes June 16, 1998 Page 9 wanted to make sure that the contract which is not before Council tonight included some provision for a local service option. The action before Council is to establish a fee and appropriate funds for a program for the project. It is not to approve the contract or a site for a local facility. Those are actions which will come to Council later when the contract is completed. Councilmember Rindone stated that staff indicated that this was to establish a fee. He was under the impression that a fee had already been established; it is at eleven cents. This is to increase the fee fifty percent to twenty two cents. Mr. Meacham responded that was correct. This particular portion of the fee would apply directly to the household hazardous waste program. Councilmember Salas commented that the staff report indicated that approximately 800 households participated in the two one-day household hazardous waste collection events. That number seemed low since we have so many households in the City. Given those numbers, we are still not doing a really good job of disposing our hazardous waste. It must be going somewhere. Mr. Meacham stated that it is true the numbers do not represent a large percentage of the total households. We do not get all that we should. The intent of the program is to provide better public education and get people to take advantage of it. We have also worked on other programs which have helped to reduce the need such as the curb-side used oil program. Councilmember Salas stated that one of the reasons we need to increase the fee is so that we can carry on those educational programs and get more people involved in the proper disposal of hazardous waste. RESOLUTION 19046 OFFERED BY COUNCILMEMBER SALAS, heading read, text waived. A public hearing was held. There were no speaker slips submitted, and there was no one from the audience indicating a desire to address the Council. Councilmember Rindone suggested that if there was at least a disposal periodically ( i.e. once a month) , so that when we market campaigns in the newsletters to the homeowners that we have an established program. He referred this to staff to reconsider enhancing the program so there is at least once a month disposal. What we are doing is positive, but we need to think bigger. Mr. Meacham responded that in this proposal, we will be coming back to Council with a contract that would include a permanent facility that would be open at least every Saturday. Councilmember Moot commented that we have been talking about vehicle license fees and the City budget. This is an example of how the State passes a statute and mandates it, then the City has to impose and raise the fee that implements it. In this particular case, it is with pleasure that he will do it because he felt this is important in disposing of this kind of toxic material correctly. VOTE: Passed and approved unanimously 5-0. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. ORDINANCE 2738 AMENDING CHAPTER 2.16 OF THE MUNICIPAL CODE ESTABLISHING THE LIBRARY AND RECREATION DEPARTMENT (first readinq) - The resignation of the Parks and Recreation Director provided the City with a unique opportunity to review its organizational structure with an eye toward creative cost savings, staff utilization and program implementation as well as making good community services better. A City Ordinance established the Parks and Recreation --_._--_...--~_."- Minutes June 16, 1998 Page 10 Department which combined the services and facilities of a park department and a department of recreation. This ordinance abolishes the Parks and Recreation Department and creates a new Library and Recreation Department. Per staff's recommendation. the ordinance was placed on first readinQ. (Library Director) David Palmer, Library Director, stated that staff had nothing further to report. Councilmember Padilla asked Mr. Palma from the Parks and Recreation Commission to make some comments regarding that process. steve Palma, Chair of Parks and Recreation Commission, stated that this is one idea that was well thought out. He was glad that David Palmer was at the helm. This idea is going to work. He was in favor of it, and so were the commissioners. They were ready to work. ORDINANCE 2738 PLACED ON FIRST READING BY MAYOR HORTON, heading read, text waived, passed and approved 4-1 (Rindone voting no). 17. RESOLUTION 19047 APPROVING AN AGREEMENT WITH THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) FOR ADMINISTRATION OF REMAINING ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT FUNDS FOR CONTINUED OPERATION OF THE BECA PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - On March 3, 1998, Council authorized the formation of a 501(c)(3) non-profit corporation to assume the role of operation of the BECA program, as originally envisioned in the BECA Operational Plan, dated October 12, 1994. The funding mechanism for the BECA program has been primarily a grant from the U. S. Department of Commerce, Economic Development Administration, in the amount of $2 million. Approximately $500,000 is remaining of those funds. The recommended action would transfer the operational responsibility and funding for the BECA program to the newly formed BECA corporation, pursuant to the goals set forth at the inception of the BECA program. Per staff's recommendation. the resolution was approved unanimously S- Q. (Director of Community Development) Staff report presented by Joe Monaco, Environmental Projects Manager, this is the final action of the Council to transition the management of the program over to a non-profit. RESOLUTION 19047 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived. Councilmember Moot asked if the makeup of the Board has been determined. Mr. Monaco replied that the Board has been formed. They have had their first meeting. Councilmember Rindone expressed that he thought the final resolution was that the Mayor and perhaps one councilmember would be ex-officio members on the Board. Mr. Monaco responded that the final resolution of that issue was to have two ex- officio members of city staff, the city manager or his designee, and one additional staff member appointed by the city manager to serve on that board. VOTE: approved unanimously 5-0. 18. REPORT COORS AMPHITHEATER EVENTS MANAGEMENT PLAN AND COMMUNITY PROGRAMS TO BE UNDERTAKEN BY COORS/UNIVERSAL - The Conditional Use Permit Monitoring Program for the Coors Amphitheater requires that, prior to the issuance of a Certif icate of Occupancy for the project, the developers (Universal Amphitheaters, Inc.) are to be the lead party in forming an Events Planning and Coordination Task Force for the purpose of developing an Events Management Plan. The Task Force was formed in January, 1998 and the Events Management Plan was completed on May 5, 1998. Per staff's recommendation. the report was received and filed. (Director of Community Development and Director of Planning) Minutes June 16, 1998 Page 11 Fred Kassman, Redevelopment Coordinator, presented the staff report. Chris Salomone, Community Development Director, added we consider the Events Management Plan a process that will be revisited on any occasion that it is deemed necessary. There is an automatic annual review. The task force will review it after the first couple of event s to make sure that the security, traffic, medical, and other processes that have been established by the task force are adhered to. In addition, there is a separate task force that will be established under the agreement to oversee the performance arts fund and how that will be dealt with. Addressing Council were: . Christine A. Smith, 430 Starwood, Chula Vista, 91910, expressed objection to the sponsorship of the new performing arts center which will be called the Coors Amphitheater. She objected to the fact that the democratic process was ignored and that neither the citizens nor the Council were informed of this decision. She wanted to know how Coors will meet its corporate responsibility to enhance the community by its presence. Mayor Horton asked staff to share the video with the community which shows some of the programs that will be offered by Coors to help send the strong message to the under aged children and to adults that drinking excessively is not a good thing. She also directed staff to give Ms. Smith one. She felt it would be beneficial for her to take back to the school district. Mr. Kassman responded that all the material including the videos will do that. He added that Coors and Universal have agreed to participate in a city-wide program, which includes the Sweetwater Union High School District, for the promotion of responsible drinking. Coors will participate in the training of vendors at the stadium. The food vendor also has their own programs to train people not only in the sale of alcohol and to recognize people who are under age, but also in cutting off people who appear to have had too much to drink. Mr. Salomone added that there is a particular amount of every ticket sold that will be dedicated to the performing arts in the City other than at this venue. It could be anywhere. It could be at the Ruth Chapman facility, in the schools, in other theaters, or outside. It will be determined by a committee of individuals representing the community. councilmember Salas added that Ms. Smith and others have mentioned their dissatisfaction with the naming of the Coors Amphitheater and with the sponsorship of the Amphitheater with Coors. She cou ld understand their concerns. When we entered into the agreement, our agreement was with Universal Concert Incorporated. We had no negotiations with Coors. Part of the problem that the community is experiencing and what their frustration is that as part of the deal points that we made with Universal was the City's use of the amphitheater for eighteen days for community events. Some of the events that were indicated as being part of the eighteen days were things like graduations and church sunrise services. We have heard from that segment of the community that having an event like that in a venue that says Coors would not be acceptable to them. They feel that is now not an option that is available to them because the responsibility of educators to promote an activity in the Amphitheater named Coors would send a double message to the students that drinking is okay, and they want to avoid that at all cost. While we want to see Coors Amphitheater succeed, we all agree that as a Council we have no right to interfere in the business agreement between Coors and the Amphitheater. There has to be some kind of mitigation for those kind of community groups that will not be using the Amphitheater because of its name. There has to be some intrinsic value to those 18 days; we need to work with the folks at Universal to see how we can redirect that intrinsic value of the 18 days into a community benefit that will be beneficial to those groups who opposed the use of the Amphitheater for those philosophical reasons. . Mary Anne Stro, 1125 Paseo Del Cerro, Chu1a Vista, 91910, high school principal, stated that they work very hard with students to deter them from using -..-.-- Minutes June 16, 1998 Page 12 alcohol because they are underaged. She was surprised when she found out that the Chula Vista Amphitheater is now the Coors Amphitheater. The fact that Coors is going to contribute a lot of money to the community and to the performing arts is very commendable. She hoped that we will see a very active and very public campaign on their part aimed at teenagers against drunk driving, against driving and drinking, against using alcohol when they are underaged. She felt the name of the amphitheater is a setback from the positive image that we are trying to create in the City and one that is family-oriented and a clean and productive place for citizens to live. Councilmember Rindone stated that on May 5, he indicated to staff that there had been a lot of concern expressed on this topic and that there needed to be a plan of mitigation on how this City will deal with these issues. He felt this still needed to have a complete review by the Council and citizens of the community. We need to know these things before the amphitheater opens. He would like the item to be trailed so that the report that was received last night would have time to be reviewed. What is before us is the Events Management and Coordination Plan for public comment. What the speakers are addressing, and he is addressing, is to look at the overall Plan as to the mitigation of what community services are going to be provided in these varied activities. The report indicates that "Coors has indicated to the staff." There is not a final plan, and he felt that we need to move closer to that. That was the purpose of his referral on May 5. What he is asking is that, even though there is no specific action tonight, because we are not approving a Plan of what Coors is planning to do for the community, there certainly should be another opportunity for community input so that we have a very clearly stated understanding as to what benefits would be made possible to provide education knowledge and reinforcement of these issues as identified. Councilmember Salas clarified that what he was asking for is that not only should we be able to provide comments and concerns, but that those documents should be available to concerned community members so that their comments could be incorporated. Councilmember Rindone replied that is part of it. What has been provided to us was the Events Management and Coordination Plan which are specific issues that we have reviewed. That is a separate issue from what has been identified tonight. Those issues we received less than 24 hours for ourselves to review. He felt it should be released to the community to gather input so that we have an opportunity to be able to insure that every step possible to address these concerns and issues have been met and prior to the opening of the amphitheater. He was requesting for an opportunity for the community to respond and have the report released to them. David Rowlands, City Manager, stated that the report which Council got last night can be passed out to the various community groups and brought back for Council discussion on July 14. The action tonight is to receive and file. Mayor Horton felt it might be beneficial to have a presentation made by Coors similar to the one which was presented to Ms. Salas and herself. Mr. Salomone pointed out that staff understood Councilmember Rindone's referral. Staff has had very little time to accomplish the who, what, when, where, and why that he asked them for. The packet you received last night was informational data which we have received from Coors. The item tonight is an informational item. It is not in any way a static process. We are continuing to try open the facility and to accomplish Council's desires. Councilmember Moot stated that the City Council did not name this facility the Coors Amphitheater. We weren't asked to participate in the naming of the Amphitheater. The Amphitheater was built completely with private money. Unlike the Escondido Center for Arts, this was not a City-paid and sponsored project. When you ask the private sector to provide these kinds of facilities, there are certain things you give up when you don't put in public money. One of the things the Council gave up was the ability to tell them what to name the facility. It Minutes June 16, 1998 Page 13 would have been nice if it had been the Universal Amphitheater, but that was an economic decision that they made. At this point, what the Council is requesting is appropriate to make sure the proper message gets out. Councilmember Salas stated she has listened to the community concerns and agrees with their perspective. On the other hand, she felt it was important that the community get a full understanding of what Coors is trying to do to mitigate the naming of the Amphitheater because in meeting with the Coors' representatives, she was convinced of their commitment to be a good corporate citizen. ACTION: The report was received and filed. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled 1l. However, the minutes reflect the published agenda order. OTHER BUSINESS 19. CITY MANAGER'S REPORTIS} A. Scheduling of meetings: Budget meetings scheduled for June 17 and June 18. B. Fiscal year 1998/99 proposed CIP Program overview. George Krempl, Assistant City Manager, and Gerald Young, Principal Management Assistant, presented an overview of the Capital Improvement Program. The total 1998-99 Capital Improvements Budget is $13,645,411. Most of the CIP projects are not funded from the City's general fund. A large portion of the funds that are used are related to grants or other revenues; some are related to development; some to the TRANSNET funding sources (1/2 cent sales tax); and gas tax. Overall streets and traffic signals are the bulk of what we are funding ($9.6 million). Components of the CIP includes $4.7 million in existing projects with on-going fundings. Whether its in street overlay or sidewalk safety programs, Americans with Disabilities Act curb cuts, park maintenance and restroom rehabilitation, we try to fund an on-going predictable portion of those funds each year. We also have $2.2 million in cost modifications for existing projects. There are new funding requests of $7.5 million. Most significant is the Olympic Training Center access road that is going to be funded through federal ICET funds for approximately $3.6 million. New projects include the Otay Recreation Center and the new fire station training class room, new corporation yard, the animal shelter, E Street reconstruction between 1-5 and Broadway, and H Street between I-S and Broadway. Councilmember Rindone stated that on the holiday lighting proposal, he wanted to make sure that any proposal that would come before Council would also have the blessing of the DBA before it is presented to the Council. Mr. Krempl responded that is understood, and they have been involved and will continue to be involved. 20. MAYOR'S REPORTIS) Mayor Horton commented that one of the benefits of having been through a campaign is that it gives the candidate an opportunity to meet and talk with a lot of the people who live in Chula Vista. One of the concerns that was raised was the inflexible schedule of the bus system. She suggested that when Council has the next quarterly Saturday tour, it might be nice for the Council to actually have to use the system to get to and from whatever site we are going to be looking at. 21- COUNCIL COMMENTS Councilmember Moot stated he heard on the radio about the Grand Jury report on . n'_ "_ _._ .~ _ . ..---.-...--,. . ._.__._._.._._.--_.~_.--..~_.. Minutes June 16, 1998 Page 14 the Port Commission. It was ironic because the Chair of the Grand Jury was reporting that the Port Commissioners were not reporting and keeping their cities advised of what they were doing. He was wondering that this must be an interesting Grand Jury since over two years ago we instituted a process where we get quarterly reports from our Port Commissioner. He was wondering how a Grand Jury could miss that fact. The other underlying premise was that the Port Commission should be put up for a vote. This would be a matter of great concern to a City like Chula Vista because if it was put up for a popular vote, the number of votes that the city of San Diego would have would overwhelm anything that Chula Vista would have. Its difficult enough for us with representation to get the Port to spend money in the City of Chula Vista, and we are fortunate that we have been able to do that. One of the downsides to a public vote for the Port Commissioners is that we may never see any money in the Southbay cities because we could be so easily outvoted. Councilmember Rindone requested a staff referral for information about "E" Street between Broadway and the freeway; it is a very poor street. Regarding the election of Port Commissioners, he has not seen the Grand Jury report, but anything that would provide an election of a commissioner to the Port from the City of Chula Vista that would entail people voting who were not residents of the City certainly would not be in our best interests. If there was a push for an election, then it would have to be by regions -- one from each of the Southbay cities and then one from the City of San Diego for each two councilseats. The viability and flexibility of the Port Commission is maintained so the Southbay cities do have an opportunity to continue to have a strong voice in the future On issues affecting the entire San Diego Bay. Also, he made a referral some time ago about bus route 709 not using East J Street, but using neighborhood streets instead; he reported that the situation has not changed. ADJOURNMENT The meeting adjourned at 9:23 p.m. ~~r~ Beverly . Authelet, CMC/AAE City Clerk