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HomeMy WebLinkAboutcc min 1997/04/08MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 8, 1997 6:02 p.m. Council Chambers Pnblic Services Building CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers John S. Moot, Stephhcn C. Padilla, Jerry R. Rindone, Mary Salas, and Mayor Shirley A. Hotton. John Goss, City Manager; John M. Kaheny. City Attorney: Beverly A. Authelet, City Clerk; and Patricia Schwenke, Depnty City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: March 25. 1997 (Regular Meeting), March 27. 1997 (Special Meeting/Worksession), and March 27, 1997 (Special Meeting) MSUC (Moot/Padilla) to approve the minutes of March 25, 1997 (Regular Meeting), March 27, 1997 (Special Meeting/Workshop), and March 27, 1997 (Special Meeting), approved unanimously 5-0. 4. SPECIAL ORDERS OF THE DAY: a. OATH OF OFFICE: Patricia Aguilar * Planning Commission. The Oath tit Oftice was administered hy City Clerk Beverly A. Authelet to Patricia Aguilar. b. Proclaiming the week of April 6 thrnugh April 12, 1997 as "Boys and Girls Club Week." The proclamation was presented by Mayor Morton to Joanne Reed, President of the Boys and Girls Club. Ms. Red announced an auction at the Oleander Boys and Girls Club to be held on 5/2/97. She suggested people call the Boys and G~rls Club if they wanted to attend the artorion or donate items liar the event. Donations from the public totalling $2,500 which Councilmember Salas had received and $6,000 which Mayor Hotton had received were also presented to the Boys and Girls Club. c. Proclaiming the week of April 13 through April 19, 1997 as "Telecommunications Week." The Proclamation was presented by Mayor Horton to Sandra Bookman, Lead Communicati{ms Operator, who accepted the Proclamlation on behalf of the Chula Vista Police and Fire Dispatchers. d. Presentation of the awardtol the Border Environmental Commerce Alliance (BECA) from the Economic Development Administration, U.S. Department ol Commerce, recognizing successful public/private partnerships to grow environmental technologies, Dan Stockin. BECA Director. reported that BECA received the top award in the defense conversion category. CONSENT CALENDAR (Item pulled: I0. I ) THE BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, titles read, passed, and approved unanimously 5-0. April 8. 1997 Page 2 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating, that the City Council did not meet in Closed Session on 3/25/97, It is recommended that the letter be received and filed. h. Letter from Thomas F. Larwin, General Manager, Metropolitan Transit Development Board (MTDB), requesting a resolution that would support: (I) Federal funding of the MTDB light rail transit program; and (2) a federally guaranteed loan to their private freight short-haul operator for reopening of the San Diego and Arizona Eastern railroad in the east. Although this item is not covered in the City's adopted legislative program,. the Legislative Committee concurs with staff's analysis and it is therefore recommended that the City support MTDB's proposals. 6. ORDINANCE 2706 REPEALING SECTION 15.36.160 OF THE MUNICIPAL CODE RELATING TO SPILL CONTROL AND SPILL CONTAINMENT OF FLAMMABLE/COMBUSTIBLE LIQUIDS (second reading and adoption) During the 1991 Uniform Fire Code adoption process, Article 79 of the Fire Code was amended locally to include safeguards for flammable liquid overspill and containment. The 1994 Uniform Fire Code contains a change to Article 79 which now provides for better safeguards to prevent storage tank overfill situations. and provides for appropriately sized spill-containment devices. As this level of protection in the Fire Code is now greater than that which is contained in the Municipal Code, the Municipal Code amendment to Article 79 is no longer necessary. Crown Chemical Corporatton has submitted a written request for immediate relief from the Chula Vista requiremenl for overspill protection device capacities which exceed the capacity required in the Uniform Fire Code. Staff recommends Council place the ordinance on second reading and adoption. (Fire Chief) 7. RESOLUTION 18618 AUTHORIZING TEMPORARY STREET CLOSURES ON APRIL 26, 1997 FOR AN ORGANIZED BAND REVIEx, V SPONSORED BY THE CIlULA VISTA HIGH SCHOOL ASSOCIATED STUDENT BODY - The Chula Vista High School Associated Student Body is requesting permission to conduct an organized band review on 4/26/97 and are requesting temporary street closures along Fourth Avenue beginning at "I" Street and ending' at "L" Street. The 400 block of "I" and "K' Streets would aIso be affected. The only residents not having free access to leave their homes would be those that live on James Court. Staff recommends approval of the resolution. (Chiel of' Police and Director of Public Works) 8. RESOLUTION 18619 APPROVING AGREEMENT WITH EASTLAKE DEVELOPMENT COMPANY FOR THE MAINTENANCE OF TELEGRAPH CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - EastLake Development Company (EDC) entered into a Development Agreement with the City in 1988 regarding constructinn of Telegraph Canyon Road and the adjacent channel. The agreement included provisions to fund the maintenance of the improved "naturalized" channel. EDC requests that the City consider and approve a revised agreement reflecting current conditions and amending the security requirements. Staff recommends approval ot the resolution. (Director of Public Works) (C097-028) 9. RESOLUTION 18620 APPROVING A HAZARD ELIMINATION SAFETY (H.E.S.) PROGRAM SUPPLEMENT WITH CALTRANS FOR FEDERAL-AID FUNDING FOR TRAFFIC SIGNAL IMPROVEMENTS AT THREE LOCATIONS (PROJECT NUMBER STPLHG-5203 (003 AND 004) AND CITY CIP NUMBER TF227) - Since 1978. the City has had a master agreement with the State of California Department of Transportation {Caltrans) governing the conduct of certain transportation related Federal-Aid programs. Individual prqiects are added to this master agreement by a Program Supplement which specifies the Minutes April 8, 1997 Page 3 location and type of project, the amount of Federal funds available, the phases of work authorized for Federal funding, and the special covenants required as to condition for payment of Federal funds. Staff' recommends approval of the resolution. (Director of Public Works) (C097-029l 10. RESOLUTION 18621 ENTERING INTO AN INDENINIFICATION AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT - The City will be conducting Chula Vista EXPO '97 on Saturday. 4/12/97 at Marina View Park. As the event is being conducted on Port District property, the City is required to complete the District's standard Tidelands Activity Permit, which includes indemnification language. Staff recommends approval of the resolution. (Director of Parks, Recreation, and Open Space) 10.1 RESOLUTION 18623 APPROVING EXTENSION OF ESCROW ON MCA AMPHITHEATER LEASE UNTIL AUGUST 31, 1997 - Universal Concerts, Inc., developer of the MCA Amphitheater, have asked the City to extend the escrow on the amphitheater lease until 8/31/97. Delays caused by litigation, financial and corporate analysis have led to this request for a short extension. Staff is confident that the amphitheater prqiect will proceed and be open for the fall 1998 season. Staff recommends approval of the resolution. (Director of Community) Development) (C097-030) (Pulled by Councilmember Rindone) Councilmember Rindone asked when was escrow scheduled to chose and were there any other changes in the terms other than the date extension. He also asked when is grading and construction of the amphitheater construction scheduled to start, and when does it need to begin in order to meet the 4/98 completion date. Glen Googins, Deputy City Attorney, advised that the escrow was originally scheduled to close on 4/96: however, it was extended until 8/96 but was not formally extended until recently. There were no other changes in the escrow other than the date extension. Chris Salomone, Director of Comununity Development. did not have information when grading and construction would start, but felt there was still ample time for the developer to obtain a building permit and begin grading this year. He indicated staff' would report to Council at a later date with a report when grading and construction will need to start to meet the 4/98 completion date. RESOLUTION 18623 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, title read, passed, and approved unanimously 5-0. END OF CONSENT CALENDAR ***Meeting recessed at 6:17 p.m. to the Redevelopment Agency and reconvened at 6:18 p.m.*** ORAL COMMUNICATIONS · Sharon Dowdy, 342 "F" Street, Chula Vista, announced a fundraiser Tip A-Cop event at Red Lobster to he held on 4/17/97 froml 4:00 p.m. to 8:00 p.m. She stated police officers will wait tables and any tips received al the event will go to the Special Olympics torch run. · Lorraine Fidrych, 484 Elm Avenue, Chula Vista, spoke regarding the proposed culvert renovation between "H" Street running north to Second Avenue and "G" Street. She stated in 1992 City staff gave a proposed time line of five years to make renovations to the existing culvert to correct the flooding problems. but to date no improvements Minntes April g, 1997 Page 4 have been made and the problem continues. She asked when will the City take action. and where are the tax dollars that were allocated for this project. Mayor Horton stated she would forward Ms. Fidrych's letter to staff with a request to return to Council with a report addressing these concerns. PUBLIC ItEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS II. REPORT SUPPLEMENTAL TO MARCtt 25. 1997 BECA AGENDA STATEMENT REGARDING PROPOSED AMENDED CONTRACT WITH SOUTItWESTERN COLLEGE RESOLUTION 18616 APPROVING AMENDED AND RESTATED AGREEMENT WITH SOUTItXVESTERN COMMUNITY COLLEGE DISTRICT FOR CONStILTING SERVICES TO BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) INCUBATOR TENANTS - This agreement changes the Southwestern contract by: (1 } reducing the scope of the contract to focus on incubator tenant assistance exclusively: (2) dissolving the Border Envirlmmental Technology Research Center (BETRC) program component and eliminating the BETRC Manager. Cross Border Marketing Specialist, Project Clerk. and Environmental Management Specialist positions: and (3) amending the Southwestern budget to $165,000 for the remainder of the contract. 4/30/07 through 4/30/98. Staff recommends approvaI of the resolution. (Director of Conunnnity Development) Continued from the meeting of 3/25/97. MSIUC (Horton/Padilla) to continue this item to the meetingl of 4/22/97. approved unanimously 5-0. 12. REPORT PLAVGROUND RENOVATION PROJECT - EL RANCHO DEL REY PARK - The Parks, Recreation. and Open Space Department has been meeting with a resident who is interested in collaborating with the City to raise funds for renovating the playground at El Rancho del Rey Park on Buena Vista Avenue by purchasing new equipment to replace deteriorating equipment. Staff recommends approval of the resolution. (DIrector of Parks, Recreation, and Open Space) RESOLUTION 18622 SUPPORTING THE COMM!iNITY PARTNERSHIP TO RENOVATE EL RANCHO DEL REY PARK'S PLAYGROUND · Lauren Weidner, 1346 Santa Cruz Court, Chula Vista. reported that the playground equipment at El Rancho del Rey Park is 21 years old and is in need of renovation: the life expectancy for playground equipment is 10 to 15 years. She stated the goal is to have a grass roots effort of volunteers in the community to raise money and obtain grant funding to renovate the playground equipment. Minutes April 8, 1997 Page 5 Mayor Horton commended Ms. Weidner for bringing this project forward and for obtaining the community's support. RESOLUTION 18622 OFFERED BY MAYOR IIORTON, reading of the text was waived, title read, passed, and approved unanimously 5-0. ITEMS PULLED FROM TIlE CONSENT CALENDAR (Item 10. I - The minutes will reflect the published agenda order. ) OTHER BUSINESS 13. CITY MANAGER'S REPORT(S) a. Scheduling oft meetings. John Goss, City Manager, announced the Chtda Vista Expo '97 is scheduled for 4/12/97 at Marina View Park. and indicated there are approximately 25 sponsors participating in the event. Mr. Goss suggested budget meeting dates of 5/19/97, 5/21/97, 5/28/97, 6/2/97, 6/4/97, 6/7/97, and 6/9/97. He indicated he would be forwarding these dates to the Mayor's/Council's secretary. 14. MAYOR'S REPORT(S) a. Discussion of anmial shelter issues. Addressing Council were: · Sandy Ramey, 9385 Adlai Road, Lakeside, representing D. A. R. Contractors, a private contractor providing dead animal removal service, suggested Chula Vista contract out for this service to allow current animal control personnel to handle live animal calls. Individuals from a group "People Empowering the Shelter (PETS)" gave suggestions to improve the animal shelter. The group will assist the animal shelter with funddraising efforts to provide materials and labor to improve the shelter, as well as provide veterinarian service. They suggested increased weekend hours for the animal shelter to promote animal adoptions, as well as a program for licensing, rabies shots. and spaying/neutering. They also suggested the City hire a full-time animal health technician and part-time veterinarian to provide medical care for the animals. The individuals from PETS who spoke are as follows: Scott Alevy, 901 Avcmda Ysidt>ra, (.'huta Vista. Tom Pasqua, 760 Monterey Archue, Chtda Vista. Shelly Ohl, 961 Cuyamaca Avenue, Chula Vista. Curtis Ohi, 961 Cuyamaca Avenile, Chula Vista. Betsy Andersen, 1119 Flora Avenue. Coronado. Jane Schultz, 376 Otay Lakes Road, Chula Vista, a veterinarian. M innits April 8, 199'7 Elaine Saunders, 1578 Olive Avenue. Chula Vista, volunteer at the animal shelter. Sallye Graves. 194 East Millan. Chula Vista. Mayor Horton stated that from information presented to her. minor improvements are immediately needed fbr the interim animal shelter. Approximatcly $8,O00 has already been raised for improving the shelter, and many businesses have already pledged materials and labor. A cattery is one of the issues proposed in the budget that will cost approximatdy $20.000. She felt a cattery can be built if the City works together with the volunteers and businesses willing ot help. She indicated she would forward a list of individuals and businesses for staff to contact, and for staff to return to Council with a report within two weeks. She also raised the issue regarding animal health care. because there~ are veterinarians who are willing to volunteer to provide animal health care which can enhance ~mt cullcnt animal h~alth care prc~g~am. She ~u~csted hiring a veterinarian technician to assist the veterinarian volunteers, as well as I~mvidc full tim~ on-site animal health care at the facility. She wanted the animal shelter to be more user friendly, for the shdtcr to be open longer hours especially on weekends, and to include a spay/neuter program. She also requested a staff report on whether it wonld be more cost effective if the County took over this service. Chief Emerson stated there are currently plans lot a cattery. The cracks in the ceiling and floor at the shelter will be taken care of this week. and a prl~icct fhr metal shielding will be soon taken care of. Dan Wolf, Police Captain, stated the anm~al sllelter's heaters have heen a problem for quite some time. Last year, staff conducted research to find the ideal temperature ira' the floor heaters. A company was hired to replace the heater coils: however, the heaters are nont as warm as the older heaters in the kennel area. Star/is working to obtain gas-heated healers tn take care hi' the prnlMem. Ci,uncihnember Padilia requested the Police Chief to prt~vide Council with a report within 30 days that will include answers it) many of questions raised. Mnnths ag~ he requested a report and analysis regarding the animal shelter he fi~rwarded to Council. and he was frustrated at the slow pace in receiving the report. Approximately one month agn, he visited the animal shelter and was surprised there was only one animal control officer on duty, and the facilitv closed at noon. He was told if' the animal control officer received a call fi~r service, the shelter would close nntiI the officer returned. lie agreed the facility should be open longer hnurs on the weekend for citizens to have the opportunity to adopt antmals. lie telt ('~mncfi sh~mld decide what the Cil~'s role shnuld be in animal control. x~hat it means. ho~ nmch fi will c~st m tc~ ms nI cqttipmcnl. capital. and pcrs<mncl needs. and xvhat is the plan lbr a ncx~ hlcihty. H~s mal<~r c{mcerns ~tn'r,umlcd the cnmprd~nsive hmg-term planning of a ~tnre facility and answering the basic questinn if Chtda Vista should be in this business. H~ stated Council originally talked about the hllurc animal shelter along ~vllh the corporation yard. bnt this prt~ject has been stalled for a number of years. Hc asked if any consideration was gix en ~r a new shelter selmarate and apart from the coloration yard. Chief Emerson replied the initial plans called tk~r both the corporation yard and animal shelter together. Conceptually, staff believes the cnrporation yard and animal shelter will have to he separate, and the site selection will take some time, as well as a thnding source which is the most significant concern. He indicated staff could address some of the issnes in a report that will identH~, options for sites and funding to plan a new facility. He agreed there is a need in the short4erm fi>r a cartcry, hut the question is whether $20,000 shonld be spent for a cartcry at the ifid thcility m' should it be spent at the new t~.cility. With regard tn the problem with the heaters, a contractor repaired the heaters. but the heaters are not win'king at the same level. Staff does not know if the problem is based im the gange ol wire the contractor nsed. hut staff is looking at auxiliary units tn augment the floor heating. He stated the City contracts tor animal medical care with Bonita Pet Hospital. and there is a review prllccss by veterinary technicians. The earlier suggestran tot a rotating vohmteer veterinarian is a good interim soluti{m but cannot be counted on tbr a hmg-tenn soh~tion to the problem. The City will need to engage in some other sort of veterinary care in the lhture. He explained that stalling at the shelter is tifffly lean, the shelter has been open tbr service appmximatdy 44 hours per week during the past 6 years, and the building has been c<mstructed at this location ti>r at least 24 years. Minutes April 8, 1997 Page 7 Councilmember Padilia requested start' include in their report the policies and procedures lilr euthanasia of animals, because there seems to be disagreement h~tween the i~crcq~tions of staff and the Humane Society regarding this issue. With regard to the analysis of the County/City prt~viding animal coumll service, he was interested m seeing the report, but indicated he was not supportive of having the County provide this service because of concern |i~r the City's current animal shelter emph~yees. Mayor Horton t~lt it was important to in~mediately address the short-term needs, because the long-term needs will not be solved until a later time. She brought this item fi~rward to inlimn Council of th~ efli~rts by the volunteers to improve the animal shelter. She was frustrated she had not received thll disclosure uf reports regarding the animal shelter and instead had only received pieces of inlimnation. She also did not filvor contracting out fi>r this service with the County but t~lt Ctluncil should he av,'arc ~t' all opticms. Councilmember Mout suggested the City Manager set ul~ a dedication acc,lunl t~r money donated by the pubhc to improve the animal shelter. John Goss. City Manager, indicated an account can hc set up l~lr the sc~lc purptlse ol iml~rovsng the animal shelter. individuals wishing tu donate money can contact Mike Becket, Ptllicc Lieutenant. or Bd~ Po``vell. Finance Directtie. Mayor Horton also suggested PETS look into setting up a non-profit organization. Councilmember Rindone also shared concerns regarding the auimal shelter and indicated the current conditions are unacceptable. He stated he was dissatisfied with staff's response to this problem. He stated the San Diego Hunlane Society raised 12 issues regarding Chula Vista's aninlal shdter, and he was disapptlint~d Council did mlt rece~v~ a report addressing those issues. Hc requested staff prtlvide a report next week in resl}onsc to the 12 issncs and for short-term solutions. He requested stafft provide Council with a report within 10 days regarding long-term solutions. 15. COUNCIL COMMENTS Councihnember Rindone. Councilmember Rindone requested the City Attorney explain the apptlintment process to the B~mrd of Ethics. John Kaheny, City Attorney. explained that a judge receives all applications for the Board of Ethics and determines a list. The list remains open for anyone wishing to apply. and applications stay on file forr three years. If after a .judge determines a list and other applications are submitted. the judge has the discretion to make a new list. Pursuant to the Charter, Council makes the ultinlatc decision on who gets appointed to the Board by three votes. The provisions of the Maddy Act provide that each time a vacancy occurs,. the process is open to the public and any prior ranking has no relevancy. Pursuant to the Ordinance. the judge is free to rank applicants as he or she desires. Councihnember Rindone wanted to ensure that remaining applicants from a previous list continue to have the opportunity to be selected to the Board of Ethics. Councilmember Padilia explained that every applicant within a three-year time frame has the opportunity to be appointed to a vacancy on the Board of Ethics. Hc suggested Council enact a policy that when applications are sent to a.judge and a list is ranked in order of preference, that appointments are made according to the list. April 8. 1097 Page 8 Mayor Horton believed this appointmeent process can he clarified by including this information in a cover letter when applications are forwarded to the .indge. Councilmember Salas Councilmember Salas felt the partnership with the Boys and Girls Club and the animal shelter were good examples ol community participation. She was frustrated with previous discussion regarding the animal shelter because a lot ol the isues raised were the same on~s she raised I-I/2 months ag~. Even though the repairs needed for the animal shelter are minor, they are repairs of a nature which impact the health and security of the animals. There are solutions needed now that do not take study after study and report after report for Council to make a decision. It is frustrating to wait another 30 days before anything gets done when there are members in the conununity who are ready. willing, and able now to do man) of the needed improvements now. She also commended Lauren Weidner for coming forward with a solution to renovate the playground equipment. Councilmember Moot Councilmember Moot stated Council has received an increasing number of letters regarding Club Diversity, and he asked when Council will make an ultimate decision on this issue. He did not want the business people in the area put in the position of writing several letters Io Council to get time and attention fi~cused on this issue. It appears there is a problem that needs to bc addressed, and he hoped staff will not be hesitant to bring the issue to Council for a decision. Councilmember Moot indicated Council received an invitation item from the City of San Jose regarding a League of Cities' request for support of a bill pending before the Assembly, and he requested staff provide Council with an update regarding this item. Sid Morris, Assistant City Manager. commented that Police Department staff will meet with operators of Club Diversity and property owners during the next two weeks and staff will report to Council on those meetings. ADJOIIRNMENT The meeting recessed at 8:12 p.m, and reconvened at 8:45 p.m. to a closed session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Patricia Schwenke. Deputy City Clerk