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HomeMy WebLinkAboutcc min 1994/01/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 25, 1994 Council Chambers 6:08 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attomey; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, S1LENT PRAYER 3. APPROVAL OF MINUTES: December 14, 1993 (City Council Meeting), December 14, 1993 (Joint Meeting of the City Council/Redevelopment Agency), January 18, 1994 (City Council Meeting), and January 18, 1994 (Joint Meeting of the City Council/Redevelopment Agency) MSUC (Moore/Horton) to approve the minutes as presented with the minutes of January 18, 1994 (City Council) as mended. 4. SPECIAL ORDERS OF THE DAY: 4a. Proclamations will be presented to local high school students for achieving first place awards in the "Voice of Democracy" speech contest. Mayor Nader will present the proclamations to Van Cheng (Castle Park High School), Vi Nguyen (Bonita Vista High School), and Andtea Toth (Mar Vista High School). Continued to the meeting of February 8, 1994. 4b. Mayor Nader informed the public where Chula Vista citizens could drop off supplies for earthquake relief. He requested that staff have the drop off sites on the screen for the Wednesday night broadcast of the City Council meeting. CONSENT CALENDAR (Items pulled: 5b, 12, and 13) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously with Fox abstaining on Item 11. 5. WRITTEN COMMUNICATIONS: 5a. Letter of resignation from the Cultural Arts Commission - Lori Chan Luna, 2845-E Nimitz BIrd., San Diego, CA 92106-2343. It is recommended that the resignation be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 5b. Letter requesting financial support of $700.00 to be divided between seven students from the Chula Vista area who were recently selected to attend the 1994 Youth Leadership Conference at Freedoms Foundation at Valley Forge, Pennsylvania ~ Mareellite Penhune, Vice President, Youth, Freedoms Foundation at Valley Forge, 6730 Muirlands Dr., La Jolla, CA 92037. It is recommended that the request be denied. However, the City could encourage the news media to assist in whatever way they can to publicize the greup's search for financial sponsorship. Pulled from the Consent Calendar. Minutes January 25, 1994 Page 2 Those speaking in opposition to the staff recommendation and requesting reconsideration and approval of financial support were: · Pedro Sandoval Jr., 98 Hilltop Drive, Chula Vista CA · Christia Delgadillo, 611 Gretchen Road, Chula Vista, CA · Cristina M. Yabuta, 1691-G Melrose Avenue, Chula Vista, CA · Mareellite Penhune, 6730 Muirelands Drive, La Jolla, CA, Vice President, Youth, Freedoms Foundation at Valley Forge, Pennsylvania Mayor Nader stated Council had a policy, which he was uncertain as to whether it had ever been adopted, that was used as a guideline where Council generally did not grant financial aide because if it was done for one everyone would be asking. Council did grant assistant to some student organizations if there was something specifically for the City that could be done at the conference or when the students returned. He questioned if there was something the students could do to help Council justify the expenditure of tax funds. Ms. Penhune responded that students were often requested to make oral presentations upon their return to different classes and groups. Mayor Nader felt presentations could be given at programs such a Friends of the Library, Literacy Program, Youth Commission programs, or other programs throughout the City. Councilmember Rindone stated there was a staff referral which was to delineate guidelines and policies for requests from community groups and individuals and questioned when that would be before Council for review. City Manager Goss stated he was uncertain what the deadline was, but Council could anticipate that it would be back for review within forty-five days. MS (Rindone/Nader) to approve $700 for the students with the understanding that upon their return they would make contact with the Director of the Parks & Recreation Department and he, or his designec, would provide an opportunity for each of the seven students to share their experiences with a community group or youth group. He wanted to see their efforts go in seven different directions. Councilmember Moore stated when money was allocated it would have to be taken from somewhere else and questioned where the money would come from. The budget had been stretched to find two youth recreation aides for the after school program and that had not been accomplished yet. AMENDMENT TO THE MOTION: (Rindone, agreed to by the Second of the Motion) to allocate the $700 from his quarter-time budgeted position as he did not plan to fill that position in fiscal year 93194. Councilmember Moore felt if the Council was going to fund the requests, money should be budgeted. He questioned if the schools could put aside some of the money they received from the City for redevelopment to fund such requests. He had a problem in giving and in not giving. AMENDMENT TO THE MOTION: (Nader, agreed to by the Maker of the Motion) Couuril is to encourage the news media to publicize the program and the students need for financial assistance. Councilmember Moore stated he would vote against the motion but applauded the fact they came up with a formula that was fair and not greedy. VOTE ON MOTION AS AMENDED: approved 4-1 with Moon opposed. 6. ORDINANCE 2586 ADDING CHAPTER 2.35 TO THE MUNICIPAL CODE RELATING TO THE CREATION OF A HOUSING ADVISORY COMMISSION TO SERVE AS A Minutes January 25, 1994 Page 3 RESOURCE TO ADVISE AND MAKE RECOMMENDATIONS TO THE CHULA VISTA HOUSING AUTHORITY, REDEVELOPMENT AGENCY, CITY COUNCIL, AND CITY MANAGER ON HOUSING ISSUES AND OPPORTUNITIES THAT WOULD BENEFrr THE COMMUNITY (second readin~ and adontion) - On 3/2/93, Cormell declared the need for a Chula Vista Housing Authority (CVHA) and declared the City Council to be the Commissioners of the Authority. In order to complete the legal formation process of the CVHA, it is required that a Housing Advisory Commission be established. In addition, a report on the recommended mission and goals of the CVHA is discussed. Staff recommends Council place the ordinance on second reading and adoption. (Director of Community Development) 7. ORDINANCE 2587 AMENDING SECTION 19.14.480 OF THE MUNICIPAL CODE RELATING TO SITE PLAN AND ARCHITECTURAL APPROVAL APPEALS AND DECLARING THE URGENCY THEREOF (urgency ordinance) - On 1/18/94, Council directed staff to proceed with the preparation of an Urgency Ordinance which would amend Section 19.14.480 of the Municipal Cede to allow for appeals from Planning Commission action involving any determination of the Zoning Administrator relating to site plan and architectural approval to be appealed on to Council for final action. The amendment eliminates the inconsistencies now existing regarding appeals from the Zoning Administrator's actions versus actions taken by the City's Design Review Committee. The Ordinance provides that both actions may be now appealed to Council. Staff recommends Council adopt the urgency ordinance. (Director of Planning) 8. RESOLUTION 17370 APPROVING MEMORANDUM OF UNDERSTANDING (MOU) CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE CHULA VISTA EMPLOYEES ASSOCIATION (CVEA) FOR FISCAL YEAR 1993/94 AND APPROVING THE ACCOMPANYING SIDE LETTERS OF UNDERSTANDING -This is an agreement with CVEA for one year regarding wages and other benefits. Staff recommends approval of the resolution. (Management Services) 9. RESOLUTION 17371 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF ONE COMBINATION WET WELL/SEWER CLEANER - Five bids were received for the purchase~f~nec~mbinati~nwetwe~~/sewer~~eanerappr~vedintheFiscalYear~993/94budget~ Staff recommends approval of the resolution. (Interim Finance Administrator) Councilmember Fox questioned whether the equipment was a new purchase or replacement. David Byers, Deputy Public Works Director/Operations, responded it was a new item that was added in the current budget. The City previously borrowed the equipment from the City of Coronado and other times manual labor was used which was more expensive. Sometimes the work did not get done because it was too expensive and dangerous. 10. RESOLUTION 17372 ORDERING THE CITY ENGINEER TO PREPARE AND FILE REPORTS FOR ALL CITY OPEN SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR 1994195 EXCEPT DISTRICT 10 In order to begin the process of levying the annual assessment for parcels within all open space districts, the City Engineer must prepare and file an annual report for each district. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 17373 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT FOR CITY OPEN SPACE MAINTENANCE DISTRICT NUMBER 10 FOR FISCAL YEAR 1994/95 - In order to begin the process of levying the annual assessment for parcels within Open Space District Number 10, the City Engineer must prepare and file an annual report. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Fox abstained from voting due to the ownership of property within the District. Minutes January 25, 1994 Page 4 12. RESOLUTION 17374 DECLARING THE INTENTION TO ESTABLISH OPEN SPACE DISTRICT NUMBER 31, TELEGRAPH CANYON ESTATES, APPROVING THE ENGINEER'S REPORT AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF, AND SET THE DATES OF, THE PUBLIC HEARING FOR MARCH 8 AND 15, 1994 AT 6:00 P.M. - On 10/17/93, Council directed staff to initiate the creation of Open Space District Number 31, Telegraph Canyon Estates. The Engineer's Report has been prepared and the resolution approves the Report, adopts the resolution of intention, and sets the dates for the public hearing to consider the formation of the district and spread of assessments. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) Pulled from the Consent Calendar. Councilmember Moore stated he was amazed the City now had over thirty open space districts. He was concerned that the proposed district had 345 homeowners that paid not only to maintain the open space, but also to maintain a park that would be open to the public. City Attorney Boogaard stated it had been the City's historic policy that improvements made with open space district funds would be open to the public generally. Councilmember Moore stat~t if he lived there he would not want to pay the bill and have the park open to others. He questioned whether there was a way that could be changed without forming a homeowners association. City Attorney Boogaard stated his staff had been trying to think of a way to achieve that result, but did not know of way, absent a homeowners association, to have those types of facilities financed and nutde exclusive to the members of the subdivision. Mayor Nader stated there was an existing ordinance which required that special assessments be highlighted on a form to be signed by the homeowner to make sure there was no confusion on their part as to what they would be expected to pay. He questioned whether the fees for the new district would be covered by the ordinance. John Lippitt, Director of Public Works, stated those fees would be disclosed to the new owners. It would be covered under the City's ordinance. Councilmember Horton stated State law required such disclosure and the new forms reflected homeowner association fees, etc. · Tim O'Grady, 11975 El Camino Real, San Diego, CA, representing the Baldwin Company, stat~ext the City required them, in a certain format, to disclose any assessments against the property. In addition to that, the Baldwin Company was producing a separate disclosure statement making the representation the park was a public facility, however, the assessments collected to maintain that facility would solely come from the homeowners within the development. It had been discussed at the tentative map level and they had moved forward on that premise. If Council required a homeowners association, it would make it a common interest development and they would be required to go to the Department of Real Estate for a White Report which could take up to eight to ten months to obtain. They had sales and written contracts and it was important the district remained the way it was established when they went through the tentative map conditions. Councilmember Moore felt the item of an open space district versus a homeowners association was lumped together during the tentative map review. He questioned whether staff intended to bring any other developments of similar size to Council that would have open space district parks rother than homeowners associations. He felt when brought to Council it should be brought to Council's attention for indepth discussion. RESOLUTION 17374 OFFERED BY MAYOR NADER, reading of the text was waived. Councilmember Moore felt something should be done to protect the homeowners from the public utilizing the park and questioned if there was a way it could be changed in the fiatere. Minutes January 25, 1994 Page 5 City Attorney Boogaard responded that staff had not researched the question entirely, but he felt there was a way. As part of the work staff had done to find out the impact of the decision he was informed by the Public Works Director that the size of the park was of the size that historically tended to draw usage only from the immediate local neighborhood and seldom did it draw extra-territorially. Mayor Nader stated that on past experience with open space districts and issues related to those, the type of transfer Councilmember Moore was talking about could probably occur if the Council was to approve it. VOTE ON MOTION: approved unanimously. 13. REPORT CONSIDERATION OF THE FINAL WORK PROGRAM FOR THE CHULA VISTA SPHERE OF INFLUENCE LIPDATE STUDY On 12/14/93, Council accepted the Draft Work Program and instructed staff to conduct a public forum on the Update Study. The report presents the results of the forum and requests authorization to begin the Study. Staff recommends Council: (1) Accept the Final Work Program; and (2) Instruct staff to begin the Update Study and Supplemental Environmental Impact Report. (Director of Planning) Pulled from the Consent Calendar. MS (Moore/Horton) to adopt the staff recommendation with the following changes: 1) to cut two weeks from the time period of Angnst 10 and August 23 by holding a joint Planning Commission/City Council meeting; and 2) cutting a minimum of two weeks from the time period of February 25 - August 10 without adversely affecting the public review period. Jerry Jantriska, Special Planning Projects Manager, responded that staff would work to achieve the Council direction and have a joint hearing with the Commission/Council. Staff received a communication from LAFCO relating to the schedule where they stated it would take a minimum of five to six months, beginning in September, to adequately review the proposal prior to the LAFCO hearing. After contacting LAFCO representatives, staff was told that it was a somewhat flexible timeline depending upon the complexities of the Sphere Study and the EIR. Normally the three month period was the typical period in which LAFCO reviewed the document, but due to the complexities they felt it would be five to six months. Mayor Nader stated he hoped it would be pointed out to LAFCO that the schedule did provide three and one-half months. It was his understanding the entire process was not being done over again, most of the environmental work that needed to be review was already contained in final documents pertaining to other projects. He felt three and one-half months under that scenario was sufficient. Councilmember Moore felt personal contact was better than a letter or telephone call and urged that be done as it pertained to LAFCO. The more they were kept informed it was possible they would be able to do more work in advance. VOTE ON MOTION: approved unanimously. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS · H. Robert Tierney, 466 "D" Avenue #B, Coronado, CA, stated he had requested a copy of the City's ADA Transition Plan at a City Council meeting and again from the City Attoruey's Office and still had not received a copy. Under Title II of the ADA the City was required to develop a Transition Plan within six months of 1/26/92 Minutes January 25, 1994 Page 6 which was to include public input and be available to the public for review. He stated he hand delivered a letter to the Mayor and Council and had not received a response. Mayor Nader stated he had not received the letter and would follow-up on it. City Attorney Booganrd stated Council was having a workshop on Friday, 1/28/94 at 4:00 p.m. where Council would review the draft Transition Plan. Staff did not propose final approval or adoption, but receive Council input so public hearings could be scheduled. After the public hearings a date would be scheduled for final adoption. Mr. Tieracy stated he had formally requested notification and he had not received a copy of information for the Friday meeting. Mayor Nader questioned whether Mr. Tieracy was notified. City Clerk Authelet responded that interested individuals were notified through the individual departments. BOARD AND COMMISSION RECOMMENDATIONS 14. REPORT RECOMMENDATIONS TO ASSIST THE YOUTH COMMISSION IN AWARDING THE "REACH FOR THE STARS SCHOLARSHIP" SPONSORED BY THE STAR NEWS AND THE YOUTH COMMISSION - Realizing the real need that many students have financially in order to allow them to attend an institution of higher education, the Youth Comrmssion has developed what is hoped will be an annual scholarship to be presented to a deserving high school senior who is a resident of the City. It is _ recommended that Council: (1) Present the winner with his/her award at one of the May Council Meetings; (2) Place a small plaque somewhere in City Hall that lists the names of scholarship winners; and (3) Support and encourage the endeavor. (Youth Commission) · Steve Ceballos, Youth Commission Member, stated the Youth Commission had developed what they hoped would be an annual scholarship to be presented to a deserving high school senior that was a resident of the City of Chula Vista. He requested that Council approved the Commission recommendation. MSUC (Nader/Moore) to approve: 1) Council present the winner with his/her award at one of the May Council meetings; 2) place a small plaque somewhere in City Hall that lists the names of scholarship winners; and 3) support and encourage the endeavor. ACTION ITEMS 15. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. Councilmember Rindone stated Council was given a copy of the letter that was sent to Pare Slater requesting consideration of a sub-regional JPA as one possible form of governance. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5b, 12, and 13. The minutes will reflect the published agenda order. Minutes January 25, 1994 Page 7 OTHER BUSINESS 16. CITY MANAGER'S REPORT(S} 16a. City Manager Goss reminded Council there would be a Special Meeting/Worksessinn on Friday, at 4:00 p.m. in the Council Conference Room to discuss the ADA Draft Transitional Plan. Councilmember Rindone requested copies of the two or three best Transitional Plans developed within the eighteen cities within the County. If they had not been developed within the eighteen cities he wanted to know that as well. 16b. Report: Update on sewer billing. City Manager Goss stated staff had been working through the Water Task Force regarding the possibility of sending out a survey on different ways of billing the sewer bill which was currently on the water bill. Representatives of the Sweetwater Authority indicated that they did not want to include an option on the survey of continuing the billing on the water bills. That would leave the other option, probably the least expensive way, of putting it on the property tax bill. He recommended that a letter be sent, under the City Manager's signature, to the governing boards requesting the continued joint billing of the water and sewer billing tmtil the situation with the Special Act District was known. He also recommended that Councilmembers contact individual board members of Sweetwater and Otay Water District to request the extension of the water/sewer billing. Staff was also working on a back-up plan. 16c. City Manager Goss stated in 1992 there were 706 dwelling units finialed and in 1993 it had declined to 462. The estimated population, which would not be final for purposes of estimating revenue, which was done by the State Department of Finance would be out in April. The staff estimate as of January 1st was 147,781. 17. MAYOR'S REPORT(S) - None 18. COUNCIL COMMENTS Councilmember Horton 18a. Councilmember Horton sta~xt she had visited the Chula Vista Connection, a non-profit group, that provided child care to low income families. Last year they had requested CDBG funds and were denied because they were just starting up and did not have a "track record ". It was her understanding that staff had worked very closely with them during the year and certain permit fees had been waived. They were facing having to spend approximately $15,000 - $20,000 to upgrade the landscaping and had problems in the last six months in reaching agreement with the City regarding the design factors. When they were putting in the parking lot they had suggested putting in a fence and were told by the City's Landscaping Department that they did not have to do that. Now, several months later, the City was requiring that they put up the fence which would now cost them more money. She wanted staff to relook at the situation and see if they could come up with some alternatives or a plan that would be less costly. They were providing a service that was needed in the community and the City needed to do their part to make the operation a success. City Manager Goss stated staff would follow-up on Councilmember Horton's request. Mayor Nader stated if staff and the Chula Vista Connection were unable to come to an agreement, the item should come back to Council as an agendized item in two weeks. Councilmember Horton stated she did not believe there was a time urgency. Minutes January 25, 1994 Page 8 Mayor Nader stated it was to be brought back before the end of February if no agreement had been reached. He questioned if the landscaping requirements were contained in the Design Review Guidelines. Robert Leiter, Director of Planning, responded there was a separate Landscape Manual which was currently being upgraded by staff. It would be taken to the Planning Commission and then to Council within the next month or so. The Planning Department and Parks & Recreation Department were working with the Child Care Commission on a range of permit streamlining issues and the conditional use process. Councilmember Rindone 18b. Councilmember Rindone requested a copy of the OTC schedule for Monday, February 3rd. ADJOURNMENT The City Council recessed at 7:21 p.m. and reconvened in Closed Session at 7:25 p.m. to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 -Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 1/18/94. Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. the County of San Diego (Solid Waste Litigation) ADJOURNMENT AT 8:15 P.M. to a Special Meeting/Worksession on Friday, January 28, 1994 at 4:00 p.m. in the Council Conference Room, thence to the Regular City Council Meeting on February 1, 1994 at 4:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency convened at 7:21 p.m. and recessed at 7:24 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk ~-... Vicki C. Soderquist, Deputy City~