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HomeMy WebLinkAboutcc min 1997/03/04MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CI1ULA VISTA Tuesday, March 4, 1997 4:08 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councihncmbers John S. Moot, Stephen C. Padilia, Jerry R. Rindone. Mary Salas, and Mayor Shirley A. Hormn. ALSO PRESENT: John Guss, City Manager; John M. Kaheny, City Attorney; Bevcrly A. Authelet, City Clerk; and Patricia Schwenke, Deputy City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: February 25, 1997 MSC (Padilla/Mm}t) to approve the minutes, approved 4-0-0-1 with Riudlme abstaining. 4. SPECIAL ORDERS OF THE DAY: a. Presentation of Pedestrian Safety Award by Bob Garvin, District Manager, Automobile Club of Southern California. b. Proclamation proclaiming March 4, 1997 as "Education Day." The proclamation was presented by Mayor Horton to Libia Gill, Superintendent of the Chula Vista Elementary School District; Patrick Judd, Board President for the Chula Vista Elementary School District: and Greg Sandoval, Board President tbr the Sweetwater Union High School District accepted the proclamation. CONSENT CALENDAR (Items pulled: 6 and 8) THE BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, readinll of the text was waived, titles read, passed, and approved unanimnusly 5-0. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stalina that the City Council did nnt meet in Closed Sessinn on 2/25/97. It is recommended that the letter be received and tiled. b. Letter of resignatinn t'rotn the Planning Commission - William C. Tuchscher 11. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately accurding to the Maddy Act in the Clerk's Office and the Public Library. 6.A. ORDINANCE 2695 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH OTAY RANCH, L.P., A CALIFORNIA LIMITED PARTNERSHIP Minutes March 4, 1997 Page 2 (second reading and adoption) -On 6/25/96, the Planning Coinmission met jointly with Council to consider and approve pre-annexation development agreements with the major property owners of Otay Ranch. When the development agreements were originally approved, it was anticipated that the Otay Ranch annexation would be finalized by the end of 1996. The development agreements contained 12/31/96 expiration dates if the annexation was not complete by that time. While the reorganization was ordered by Cnuncil on 12/17/96, a Local Agency Formation Commission annexation condition was not met, the annexation was not completed, and the agreements have expired. Staff recommends Council place the ordinances nn second reading and adoption. (Deputy City Manager Krempl and Special Planning Prqjects Manager, Otay Ranch) (Item was pulled by staff) (C097-019) B. ORDINANCE 2696 ADOPTING THE AMENDED AND RESTATED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS (secund reading and adoption) (C097-020) George Krempl, Deputy City Manager, stated Ordinances 2695 and 2696 are the second readings of the development agreements fi~r Baldwin Builders and Otay Ranch L.P., and agreements have been signed by both parties. Councihnember Rindone indicated he wtmld be voting "no" im this item. since he voted "no" on ll/19/96. ORDINANCE 2695 OFFERED BY COUNCILMEMBER MOOT. reading of the text was waived, title read, passed. and approved 4-1 with Rindone voting nu. ORDINANCE 2696 OFFERED BY COUNCILMEMBER MOOT. reading of the text was waived, title read, passed. and approved unanimously 5-0. 7. ORDINANCE 2699 AMENDING SECTION 1.34.050 OF CHAPTER 1.34 (CLAIMS REQUIREMENT AND PROCEDURES) AND SECTIONS 2.05.010 (UNCLASSIFIED POSITIONS ESTABLISHED) AND 2.05.020 (CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT) OF CHAPTER 2.05 (PERSONNEL AND CIVIL SERVICE REGULATIONS) OF THE MUNICIPAL CODE TO CHANGE THE TITLE OF THE "DIRECTOR OF PERSONNEL" TO "DIRECTOR OF HUMAN RESOURCES" AND TO CHANGE THE TITLE OF THE "ASSISTANT DIRECTOR OF PERSONNEL" TO "ASSISTANT DIRECTOR OF HUMAN RESOURCES" (second readinll and adoption) - During one of the budget workshops fi~r fiscal year 1996/97, Council directed the change in the title of the Personnel Department to "Human Resources Department." This necessitates a change in titles tbr the Director and Assistant Director. Staff recommends Council place the ordinance on second reading and adoption. (Director of Personnel) 8.A ORDINANCE 2700 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH SNMB, LTD. (secund readinll and ado0tion) - The purpose of this item is to present live restated pre-annexation development agreements tbr properties on Otay Ranch. These are all agreements that the Planning Cnmmission and Council previously adopted but which expired due to a provision of the prior agreements stating that they all became null and void if the annexation did not occur by 1/1/97. The annexation is still pending. Staff recommends Council place the ordinances on second reading and adoption. (Deputy City Manager and Director of Planning) (Item was pulled by staff) (C097-014) B. ORDINANCE 2701 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT WlTH JEWELS OF CHARITY (second reading and adoption) (C097-015) C. ORDINANCE 2702 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH STEPHEN AND MARY BIRCH FOUNDATION (second reading and adoptiun) (C097-016) Minutes March 4, 1997 Page 3 D. ORDINANCE 2703 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXAT1ON DEVELOPMENT AGREEMENT WITH GREGORY T. SMITH AND GEORGIANA R. SMITH lsecond reading and adoption) (C097-017) E. ORDINANCE 2704 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH UNITED ENTERPRISES (second readin9 and adoption) (C097-018) George Krempl, Deputy City Manager, stated that staff recommends continuing Ordinances 2700. 2701. 2702, and 2703 until 3/11/97, at which time the County Board of Supervisors is expected to accept the subordination. He stated Ordinance 2704 is different because United Enterprises is responsible t6r providing the subordination tff the nuisance easement, and they submitted a letter requesting to continne this item to 3/l 1/97. He indicated if Council approves the continuance, Ordinance 2704 and Section 4.1 of the agreement should be amended to reflect the date change to 3/11/97. Councilmember Moot commented that Council was told the previous week that everything was ready, and he asked what had changed since that time. · Cynthia Eldred, 401 "B" Street, Suite 1200, San Diego, CA, attorney representing United Enterprises, explained that on 2/25/97 she understood that a subordination agreement would be delivered to the City by 3/4/97. On 3/3/97 she was informed that United Enterprises had annther bnsiness event which conflicted with its scheduled delivery of the subordination agreement. United Enterprises has since delivered a signed and notarized subordination agreement to her which she thxed over to County Counsel's office. MSUC (Horton/Padilla) to cnntinue this item tu 3/I 1/97, appruved unanimuusly 5-0. 9. RESOLUTION 18593 APPROVING AN AGREEMENT WITH THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, AND SWEETWATER AUTHORITY FOR THE LOWERING OF WATER LINES CROSSING THE SWEETWATER RIVER AND APPROPRIATING FUNDS - At the Council meeting of 1/21/97, the budget was amended to include a new Capital Improvement project tbr the Golf Course Drainage Channel, Project DR 132. An initial $20,000 was appropriated fi~r the prqiect. Staff indicated that additional fimds would need to be appropriated at the time the agreement was submitted to Council. Start recommends approval of the resolution. (Director of Public Works) 4/Sth's w}te required. (C097-021 ) Councilmember Salas understood that if Council approves the funding ~r this project to lower the water lines on the Sweetwater River, the City will go back and negtiatiate with the golf course aud any potential hotel that may locate there in terms of a reimbursement of their fair share. She I~lt tmcc the job is done, it nlay be difficult to go back and ask lbr their prorated share. She asked if there were prior discussions with the people who can potentially benefit from this project to see if they are willing to pay their fair share and willing to negotiate in good faith. John Lippitt, Director of Public Works. replied there have been discussions in the past. bnt this ~s a complicated issue. He believed this may be part of a total package which will include needed improvements that will return to Council in the future. He mentioned that the other two parties involved with this prqiect, the County and the Water District, are willing to pay two-thirds of the cost o1 the project. Councilmember Rindone concnrred with Conncihnember Salas regarding the concern of trying to negotiate atier the fact. He asked if any preliminary discussions were made w~th American Golf regarding this prqlect. Mr. Lippitt believed there were discussions with American Golf but no commitment was made. * * * END OF CONSENT CAI,ENDAR * * * Minutes March 4, 1997 Page 4 ORAL COMMUNICATIONS · Barbara Roche' (did not wish to give address) spoke in support of keeping the "L" Street Boys and Girl Club open and advised the public to meet at Cormoil Chambers on 3/11/97 at 5:45 p.m. to discuss this item which has been agendized. Ms. Rochc' also expressed her disappointn~ent that Candy Cane Lane will be discontinued after 41 years. She urged the pnblic to send Christmas and thank yon cards to the humeuwners on Candy Cane Lane. She also suggested a proclamation be given to the homeowners on Candy Cane Lane and Christmas Circle in appreciation tbr the years uf providing a Christmas tradition to Chula Vista. · Scott Alevy, 901 Avenida Ysidora, Chula Vista, CA, reported that a group is being organized to work on the problems regarding the Chula Vista animal shelter. He stated the goals uf the organization are to improve the awareness level; identify, effect. and act on the needs of the physical improvments; recruit help for labor and materials; and provide medical assistance ti~r the animals. The organization already has commitments from various organizations t,.~ provide materials and labor. and th¢re are veterinarians who will assist by pruviding pro bono work to ensure the animals that are put in the general population are healthy. · Reverend Samnel Fosu-Mensah, 8515 Paradise Valley Road, San Diego, CA, representing End Radio Air Smut Effectively (ERASE), stated that any adult programming aired on daytime radio should be cancelled to protect the children. He urged the public to call them if' they hear any adult-oriented material on the radio. When ERASE is notified, they will write to the radio station and its advertisers. · Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, requested Council schedule a workshop with the Chamber to discuss bringing more manufhcturers, high paying jobs, and expansion to Chula Vista. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING PCS 96-04: CONSIDERATION OF THE REMAINDER PORTION OF PHASE 2A AND 5 OF VILLAGE FIVE OF THE OTAY RANCH SPA ONE, TRACT 96-04, CONSISTING OF 262 SINGLE-FAMILY LOTS AND 265 MULTI-FAMILY UNITS ON 148.6 ACRES OF LAND LOCATED SOUTH OF TELEGRAPH CANYON ROAD BETWEEN FUTURE LA MEDIA ROAD AND THE FUTURE SR-125 ALIGNMENT - On 11/19/96, Council approved Village One and Phase 1A and a portion of Phase 2A of Village Five of the Otay Ranch SPA One, Tract 96-04. The remaining 148.6 acres in Phase 2A and 5 of Village Five were continued to 1/7/97 because they are located adjacent to land owned by West Coast Land Fund (WCLF). The purpose of the continuance was to allow Village Development and WCLF the opportunity to meet together with City staff to resolve any issues that WCLF might have with this portion of the SPA One Plan. WCLF has not been available or prepared to .jointly participate in a cooperative replanning of their property with adjacent property owners. Staff recommends the public hearint, be continued and renoticed. (Special Planning Projects Manager, Otay Ranch) Continued from the meeting of 2/4/97. Jerry Jamriska, Special Planning Projects Manager, requested continuing this item to 3/25/97 in order to resolve solne of the outstanding issues with the property owners. MSUC (Hurtun/Padi!la) to continue the public hearing tu 3/25/97, passed and approved unanimously 5-0. 11. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT-OF-WAY ON 2620 MAIN STREET FOR THE CONSTRUCTION OF THE "MAIN STREET WIDENING FROM INDUSTRIAL BOULEVARD TO Minutes March 4. 1997 Page 5 BROADWAY" PROJECT (ST-961) - Portions of Main Street have been widened as devdopment or redevelopmcnt of parcels has occurred. This prnject will widen and reconstruct segments of Main Street ~'om Industrial Boulevard to Broadway to their ultimate width. Staff recommends approval of the resohltion. (Director of Public Works) RESOLUTION 18594 DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHT-OF-WAY ON 2620 MAIN STREET FOR THE CONSTRUCTION OF THE "MAIN STREET WIDENING FROM INDUSTRIAL BOULEVARD TO BROADWAY" PROJECT (ST-961) AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUlRE SAID RIGHT-OF-WAY - 4/Sth's w~te required. Cliff Swanson, City Engineer, stated this resolution is fi~r the acquisition of a single parcel located at 2620 Main Street. Staff has negotiated with the property owners, but a purchase price has not been agreed on. In order to meet the project's schedule to start construction this summer, there is a need to proceed with a resolution of necessity at this time to begin the eminent domain process. This being the time and place as advertised, the public hearing was declared open. There being no speakers, the public hearing was declared closed. RESOLUTION 18594 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived, title read, passed, and approved unanimuusly 5-0. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR (Item 6 and 8 - The minutes will reflect tile pulMished agenda order.) OTHER BUSINESS 12. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. John Goss, City Manager, suggested rcscheduling the Special Worksessi{,n/M~eting on the Bayfront to 3/27/97 at 6:00 p.m. Council concurred. Mr. Goss suggested scheduling a,joint meeting with tile School Boards on 4/9/97 at 7:30 p. Ill. at Ctluncil Chambers, Council concurred. Mr. Goss also reminded Conncil that their photograph will be taken on 3/11/97 at 5:30 p.m, Mintlies March 4, 1997 Page 6 h. Department Head presentation: Human Resources Candy Emerson, Director of Human Resources, presented the staff report. Conncilmemher Salas stated the City t~t' Chula Vista has a strong sexual harassment and discrimination policy, and she asked if a plan was in place that addresses the timeliness of a resolution of a complaint. Ms. Emerson replied there can be dit'ti~rent answers because each case is unique. Sometimes the City is controlled by an outside individual who is trying to schedule nmnerous interviews with individuals related to the claim. The City Council and employee associations have raised the issue of setting limits of a certain number of days; however, this is not workable because there are always exceptions, Councilmember Salas indicated that ot~en tinges staff doesn't in~rm the employee of the status of the investigation, and she suggested a weekly or monthly meeting w'ith th~ employee to keep thein informed. She fi~lt this is the reason some of the claims g~t exacerbated because the employee t~els not enongh attention is given to their claim. Ms. Emerson agreed this is a valid point and l~lt staff could come up with a system to give personal attention to the employees to advise them on the status of their claim. Councilmember Moot suggested adding an output measure uf the average amount of time it takes to resolve a claim. He suggested tracking the number of times the City is able to successfully resolve a Human Resource issue without it going tn litigation which could potentially save the City a tremendous amount of money. Cooncilmember Rindone asked if it was explored to conduct some of the training sessions with other agencies in order to mitigate the cost; it would provide an increased enhancement of the quality of training and would encourage employee participation. Ms. Emerson replied this issne has been explored and t~r a number of years, the City has been part of a County- wide training consortium that provides monthly training sessnms tier supervisors and managers at locations throoghout the County. Conncilmember Rindone suggested amending the staff report to include this, and liar staff to inlbrm Council of some of the training sessions in case they want to attend. Police Department Rick Emerson, Police Chief, presented the staff report. Mayor Horton asked if there is money reserved ~r capital improvements from the fees charged to other cities tbr use nf the animal shelter. She also asked if there was a plan nn how the City is going to provide funding for this facility in the future. Chief Emerson stated there is excess money that goes to the general fund, and they are currently in the process of looking at a plan. Initially, the animal shelter was a part of the corporation yard relocation, and staff is trying to make a determination if the corporation yard is where the animal shelter should be, and if so to find funding to pay ti>r it. Mayor Horton requested staff provide Council with inli~rmation regarding the excess amount of money that goes to the general fund. Minutes March 4, 1997 Page 7 Councilmember Salas asked if there are reserve funds going to the general fund, then why isn't the ammal shelter in top notch condition now. If it is not within the City's ability to bring the animal shelter up to the best on par, then why is the City in the business of providing that service when the County has a shelter. Chief Emerson replied the majority of tinges the City does do things right at the animal shelter. There was one instance where the Humane Society came out, and the problem was mentioned in the newspapers; this is not the way things normally happen at the shelter. The facility is a 24-year-old structure that needs some sprucing up. The issue is should we put all of the money into the current facility, because it is too small and will not suffice whether the City has our own animal control or whether we offer it as a site I~r other cities. The cost for the County's animal shelter is much higher, and it has been more cost effective to run our own shelter which is why we attracted other cities to use our facility. Councilmember Salas raised the issue that part of being in business is doing it right and if the animal shelter has produced revenue, the first responsibility is to make sure our current facility is safe fi}r the animals. She understood that the recent incident at the shelter was highly sensationalized by the media and th~s was an isolated instance. However, as long as there is an excess in revenue, there is no excuse tier the thcility to be in its current condition. Mayor Horton commented that she spoke with di~'erent experts in thi~, area and was told that overall our shelter ~s adequate. More concern needs to be made regarding the treatment and process, and the new group Scott Alevy is tbrming will assist in creating a more humane environment tilr the animals. Chief Emerson stated last year money was allocated tier additional resources at the animal shelter, and there will be some issues in the capital improvement prograin which staff will return to Council in the future to deal with the remaining issues regarding the animal shelter's physical structure. Councilmember Salas pointed out that in making government efficient. does the City really need to be in the business of providing this service or can we pruvide this service through the County. She heard it will cost us more and wondered if "us" referred to the tax payers as a community or the City as an entity. If the City is operating the animal shelter to make a profit at the detriment of a service to the community t~r the animals. this needs to he examined. because one thing that government is not in the business of doing is making a profit. Chief Emerson stated the City is not making a profit, as there are a h~t of expenses associated with running the animal shelter. An analysis was condncted several years ago tt~ review whether or not the City should be in the animal shelter business. Staff looked at the County facility and requested quotes. The County wanted money up front to build additional facilities at their existing South Bay shelter, as well as a per head charge. When staff calculated what it would cost, the figure would have increased the existing budget by $250.000. Councihnember Padilia asked if the memo he received frum staff dated 2/10/97 was in reply tu his previous referral. Chief Emerson answered it was; however, after the recent incident at the animal shelter. stall will return to Council with more inli~rn~ation. Councihnember Padilia stated the objective in making the referral to start was t{i make sure we had a comprehensive review and analysis of the animal shelter's history, present situation. short-term and long-term options, fiscal considerations, current capital improvement projections and budgets, what we can do to improve the current processing situation. and to coine up with a plan tbr another facility or make improvements to the current facility. En~ineerine/Public Works John Lippitt, Director of Public Works. presented the staff report. Minutes March 4. 1997 Page 8 Mayor Horton stated that during upcoming budget sessions. she would like to see reconunendations in other areas that could save the City money and where it would be less expensive to provide services by contracting out. Councilmember Rindone suggested adding alternative fuels to the staff report. 13. MAYOR'S REPORT(S): None. 14. COUNCIL COMMENTS Councihnember Rindone Councilmember Rindone commented on an infi~rmation memo he received in response to his inquiries regarding an appointment to the Board of Ethics. He stated in the past a judge certified a list, and whenever a vacancy occurred, the next person on the list was appointed. Once the list is exhausted. he felt it would be appropriate to request the newest applicants to be interviewed and recommended. Mayor Horton responded that the previous list was not exhausted, and when the judge interviewed the applicants, he ranked the applicants in order of preference. Whenever there is a vacancy on a Board or Commission, it is advertised and the public has the right to apply and have an oppurtunity to be interviewed. A long period of time had lapsed since the previous list fur the Board of Ethics was made, and a new list of applicants was forwarded to the judge. John Kaheny, City Attorney, advised that the Maddy Act requires every fime there is a vacancy on a Board or Commission, the vacancy is to be posted and advertised publicly to solicit applications so every citizen can be considered. The City cannot establish a procedure where one year's list will continue to another year because it would preclude citizens fi'om applying and would be a violation of the Maddy Act. Councilmember Moot suggested possibly nsing a panel of retired judges to pert~rm this function. Councilmember Padilia requested the City Attorney to report on the former process of appointments to the Board of Ethics. ADJOURNMENT The meeting ad. ioumed at 6:35 p.m. to a closed session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE by: Patricia Schwenke, Deputy City Clerk