Loading...
HomeMy WebLinkAboutcc min 1995/02/21MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 21, 1995 6:05 p.m. Council Chambers Public Services Building CALL TO ORDER ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Councilmembers Fox, Padilia, Rindone, and Mayor Horton Moot (excused) Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk MSC (Padilla/Horton) to excuse Councilmember Moot due to illness. Approved 4-0-1 with Moot absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER APPROVAL OF MINUTES: February 14, 1995 (Special Meeting) and February 14, 1995 (Regular Meeting) MSC (Fox/Rindone) to approve the minutes of February 14, 1995 (Special Meeting) and February 14, 1995 (Regular Meeting) as presented. Approved 4-0-1 with Moot absent. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the days of February 24, 25, and 26, 1995 as Kent Froede Memorial Classic Days in the City. Mayor Pro Tem Rindone presented the proclamations to Al and Maryann Froede, parents of Kent Froede; and to Mark Smolanovich, originator of the Kent Froede Memorial Classic. Councilmember Rindone requested that the telephone number liar the softball classic be scrolled across the television during the televised Council meeting. CONSENT CALENDAR (Items pulled: none) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Moot absent. Item 10 was tabled. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney statinll that there were no observed reportable actions taken from the Closed Session of 2/14/95. It is recommended that the letter be received and filed. b. Letter of resignation from the Resource Conservation Commission - Dr. Joseph Ghougassian, P. O. Box 121456, Chula Vista, CA 91912. It is recommended that the resignation be accepted and the City Clerk be directed to post irmnediately according to the Maddy Act in the Clerk's Office and the Public Library. Minutes February 21, 1995 Page 2 6. ORDINANCE 2621 CREATING A HIGH TECH/BIO TECH ZONE, CREATING A SUBCOMMITTEE TO GOVERN CERTAIN MATTERS WITHIN THE HIGH TECH/BIO TECH ZONE OF THE CITY, AND DELEGATING CERTAIN AUTHORITY TO SAID SUBCOMMITTEE (second reading and adoption) - The proposal is to officially implement previously approved project processing streamlining measures within the EastLake Business Center and EastLake Planned Community. Staff recommends Council place the ordinances on second reading and adoption. (Director of Planning and Director of Community Development) 7. ORDINANCE 2626 AMENDING THE BAYFRONT SPECIFIC PLAN SPECIFICALLY SECTION 19.86.003(F) OF THE MUNICIPAL CODE IN ORDER TO IMPLEMENT PROPOSED MODIFICATION TItERETO AS ADOPTED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 1995 FOR THE CERTIFIED LOCAL COASTAL PROGRAM AMENDMENT NUMBER 12 (second reading and adoption) - At the 2/9/95 California Coastal Conmaission meeting, Local Coastal Program Amendment Number 12 was approved with modifications. Council is now accepting the Commission's action and adopting the suggested modifications. Staff recommends Council place the ordinance on second reading and adoption. (Director of Community Development) 8. RESOLUTION 17812 ACCEPTING A GRANT DONATION OF SOLID TWO DOOR REACH-IN FREEZER FROM THE SAN DIEGO LAW ENFORCEMENT FOUNDATION - The Police Department applied for a grant through the San Diego Law Enforcement Foundation for a freezer unit to store and preserve fragile biological evidence. On 12/22/94, notice was received that the request was approved. Staff recommends approval of the resolution. (Chief of Police) 9. RESOLUTION 17813 APPROVING A BOUNDARY LOT ADJUSTMENT AT 815 CORRAL COURT IN THE ROBINHOOD DEVELOPMENT AND AUTHORIZING THE MAYOR TO EXECUTE GRANT DEEDS - At 815 Corral Court, the resident extended the property pad approximately 11 feet into Open Space land by building a retaining wall and wooden deck. The resident has requested a boundary adjustment and a land swap to mitigate the encroachment into City Open Space land. Staff recommends approval of the resolution. (Director of Parks and Recreation) Councilmember Fox commended the neighborhood in resolving the conflict. 10.A. RESOLUTION 17814 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 95-03, EASTLAKE SOUTH GREENS, UNIT 20 (VENTANA) - On 12/20/94 by Resolution 17774, Council approved the Tentative Subdivision Map for Tract 95-03, Parcel R-20 of EastLake South Greens known as Ventana. Council also approved on 7/18/89 by Resolution 15200 the Tentative Subdivision Map for Tract 88-3, EastLakeGreens which contains an unfulfilled condition of approval relevant to Ventana. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17815 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER 17774 AND 15200 APPROVING A TENTATIVE SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS VENTANA, AND AUTHORIZING THE MAYOR TO EXECUTE SAME Item tabled at staff's request. * * END OF CONSENT CALENDAR * * Minutes February 21, 1995 Page 3 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 11. REPORT given by staff. UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be George Krempl, Deputy City Manager, stated at the joint meeting of the Solid Waste Authority and County Board of Supervisors the following actions were taken: 1) to close the NCRRA plant and direct staff to bring back on 2/28/95 recommendations and alternatives on how to accomplish that; and 2) review of the budget for next year with a shortfall of approximately $17 million predicated upon the tip fee being further reduced from the current $55/ton to $50/ton effective on 7/1/95. It was unhmwn how they would bridge that gap and they would be looking at options to reduce that deficit. 12. REPORT by staff. UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given John Lippitt, Director of Public Works, informed Council that the City had not received a bill from the City of San Diego for sewer costs for the present year. Technical members and city attorneys from member agencies, except the City of San Diego, met to discuss: 1) what would be done when the bills were received; and, 2) what the impacts would be if the exemption was granted. Most of the cities were reluctant to pay any amount that dealt with North City. The water districts were leaning toward paying the bills under protest. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. 13. OTHER BUSINESS CITY MANAGER'S REPORT{S) - None 14. MAYOR'S REPORT(S) a. Resource Conservation Commission Referral on Attendance. Mayor Horton stated Michael Guerreiro had more than 25% unexcused absences on the Resource Conservation Commission. Staff had tried to contact him through letters, by telephone, and messages on his answering machine and had not received a response. At the same Minutes February 21, 1995 Page 4 time for consideration, a letter was received from Joe Ghougassian who resigned from the Commission and expressed his concern that some of the actions by the Commission were redundant and that by eliminating the Commission it would help streamline the process. In talking to staff they agreed with many of the points raised in the letter. They felt the only problem might be with historical sites and that could be considered by the Planning Commission. Councilmember Rindone thought it had been previously referred to staff fbr consideration. He concurred with the concerns outlined by Mr. Ghougassian. He recommended that those members currently serving on the RCC be considered for vacancies on other boards/commission so they could continue to serve the City. Sid Morris, Assistant City Manager, stated he was not aware of a current referral regarding potential elimination of the RCC. Mayor Horton stated she would refer it back to staff for a report back in three weeks. Councilmember Fox requested that the referral seek input from the Resource Conservation Commission also. He questioned whether the Mayor wanted Council to take action on Mr. Guerreiro. Mayor Hotton felt Council needed to take action, but she would not appoint anyone to fill the vacancy until Council received the report back from staff regarding the elimination of the RCC. Councilmember Fox questioned if a motion to remove Mr. Guerreiro from the Commission would be sufficient. Mr. Boogaard stated a majority vote would be required. Councilmember Padilia questioned if the policy provided for automatic removal with three consecutive absences. Ms. Authelet stated three consecutive meetings missed resulted in automatic termination. Members had to be present at 75 % of the meetings and when they had missed 25 % they were notified by the Clerk. The existing policy was vague but had been clarified in the newly adopted attendance policy which would take effect on 7/1/95. Mayor Hotton noted that he had two absences, a cancellation of a meeting, then two absences, and a cancellation of a meeting. Ms. Authelet stated that the meeting could have been cancelled due to a lack of quorum and he was absent at those meetings. Mayor Horton felt it would be appropriate for Council to take action. MSC (Fox/Horton) to remove Michael Guerreiro from the Resource Conservation Commission. Approved 4-0-1 with Moot absent. b. Mayor Horton stated the City had received at $2 million grant from the U.S. Economic Development Administration. She thanked staff members and Councilmember Fox as BECA was his vision. Councilmember Rindone requested a 1-2 page memo from staff on what the grant would cover and its benefits. c. Mayor Horton recognized the Parks & Recreation Department for receiving the 1994 Special Award for Excellence in Recreational Programming, i.e. the Youth Action Program, from the California Parks & Recreation Society. Minutes February 21, 1995 Page 5 15. COUNCIL COMMENTS Councilmember Rindone a. The Asia Foundation and United States-Asia Environmental Partnership - Yasmin Arquiza. Councilmember Rindone announced that a fellowship had been made available to assist the City of Chula Vista in two important projects. Ms.. Yasmin Arquiza would be coming to the City to: 1) develop a local environmental educational program on the effects of global warming; and, 2) development of award projects for business innovations for CO2 reduction. He requested that the Clerk agendize, under his comments, "Presentation on the development of a fuel cell battery and its application to buses". He would also be showing a twelve minute video regarding the presentation. b. BudgetProcess: (1)Eliminate practice of funding non-specific encumbrances from previous year's budget; and (2) Establish procedures tbr authorizing expenditures from Mayor/Council annual budget. Continued from the meeting of 2/7/95. Councilmember Rindone stated he had discussed the item with the City Manager and he was developing a response on how to acconunodate Councilmember Rindone's concerns. The City Manager had requested the item be continued until he could review the concerns and report back. His concern was that encumbrances for non-specific items would not be accrued but returned back to the general fund as provided by the City Charter. Item was continued for one week. CLOSED SESSION Council recessed at 6:38 p.m., met in Closed Session at 7:03 p.m., and reconvened at p.m. Mr. Boogaard announced that Council would not discuss Chula Vista vs. the County of San Diego (trash litigation), City of Chula Vista vs. County of San Diego (Daley Rock Quarry), Metro Sewer Adjustment Billing, labor negotiations, or conference with property negotiators. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pu~uant to Government Code Section 54956.9 · Christopher vs. the City of Chula Vista. · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. Anticipated litigation pursuant to Government Code Sectiun 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · Metro Sewer Adjustment Billing (water reclamation and expansion costs). CONFERENCE WITH LABOR NEGOTIATOR ~ Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresentexl. Minutes February 21, 1995 Page 6 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 · Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-040-16) or 894 Energy Way, Chula Vista, CA (Parcel Number 644-182-07 and 644-182-08). As and fbr transfer station. Negotiating parties: Director of Community Development. Under negotiations: Price and terms of payment. 17. REPORT OF ACTIONS TALON 1N CLOSED SESSION - No reportable actions were taken in Closed Session. ADJOURNMENT ADJOURNMENT AT 7:35 P.M. to the Regular City Council Meeting on February 28, 1995 at 6:00 p.m. in the City Council Chambers. A Regular Meeting of the Redevelopment Agency convened at 6:38 p.m. and adjourned at 7:02 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, DeputY,~'~ Clerk \ ', , ,,