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HomeMy WebLinkAboutcc min 1994/04/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 5, 1994 Council Chambers 4:02 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilm~mbers Fox, Hotton (arrived at 4:16 p.m.), Moore, Rindone (arrived at 4:12 p.m.), and Mayor Nader ALSO PRESENT: Sid Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: March 15, 1994 (City Council Meeting), March 22, 1994 (City Coancil Meeting), March 22, 1994 (Joint Meeting of the Redevelopment Agency/City Council), and March 29, 1994 (Regular Meeting/Worksession). MSC (Fox/Moore) to approve the minutes af March 15, 1994 (City Cauncil Meeting), March 22, 1994 (City Council Meeting), March 22, 1994 (Joint Meeting of the Redevelopment Agency/City Coundl) as presented. Approved 3-0-2 with Horton and Rindone ubsent. The minutes of March 29, 1994 were trailed. 4. SPECIAL ORDERS OF THE DAY: 4a. Proclamation recognizing Easton Aluminum for service rendered to the citizens, and particularly the young people, of Chula Vista for their support of archery programs. The proclamation was presented by Councilmember Fox to Lloyd Brown of Easton Aluminum. 4b. A plaque was presented by Conncilmember Fox to Mr. Lopez in recognition of the opening of the Otay Golden Hands Center. 4c. Rod Davis, the new Executive Director of the Chamber of Commerce, informed Council that the Business Coalition would have a graffiti paint-out day on May 14th from 9:00 a.m. to noon. He also presented copies of the new 1994 Chula Vista Visitors Guide and Directory. CONSENT CALENDAR (Item pulled: 9) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unaninmusly with Rindone abstaining on Item 12. 5. WRITTEN COMMUNICATIONS: 5a. Letter requesting Council adoption of a resolution supporting the 6/7/94 ballot measure to relocate Charles A. Lindbergh Field to Miramar - John F. Seymour, Citizens for Miramar, 501 West Broadway, Suite 2020, San Diego, CA 92101. It is recommended that Council receive this letter and request staff to notify Citizens for Miramar that time would be made available on the 4/12/94 agenda tbr a presentation. Minutes April 5, 1994 Page 2 RESOLUTION 17450 ENDORSING AND SUPPORTING THE JUNE, 1994 MIRAMAR ADVISORY BALLOT MEASURE AND DESIGNATING MIRAMAR AS THE PREFERRED SITE FOR THE SAN DIEGO INTERNATIONAL AIRPORT Councilmember Rindone stated Items 5a and 5c were similar types of requests. Staff recommendation on one item was to refer it to staff to be brought back to Council for action. the other item had a resolution attached for action. He did not feel there was information included on which staff had based their recommendation for adoption of a resolution on Item 5a. He questioned whether a "yes" vote on the Consent Calendar would approve Resolution 17450. Sid Morris, Assistant City Manager, responded there had been a misconununication between the City Manager's Office and the City Attomey's Office regarding the item. It was staffs intent to bring the resolution back to Council for action at the 4/12/94 meeting. City Attorney Boogaard informed Council that due to the agenda description Council could take action un the resolution if they chose to do so. 5b. Letter requesting approval of amendment to 1986 County Solid Waste Management Plan to include the proposed F!ynn Rainbow Nurseries and A-1 Soils Composting sites - Gloria McClellan, Chairwoman, Board of Directors, San Diego Association of Governments, 401 "B" St., Suite 800, First Interstate Plaza, San Diego, CA 92101. It is recommended that staff be directed to prepare a letter to the Chair outlining actions taken by the City. Councilmember Fox wanted to verify for the record that the letter related to the Greenway Landfill would not indicate that Council had taken action either in sopport or opposition to the Greenway Composting facility. Council had not taken formal action on that issue. Sid Morris, Assistant City Manager, responded that Councilmember Fox was correct. 5e. Letter requesting Council adoption of a resolution opposing the proposed reduction in Federal Transit Operating Assistance - Leon Williams, Chairman, Metropolitan Transit Development Board, 1255 Imperial Ave., Suite 1000, San Diego, CA 92101-7490. It is recommended that Council direct staff to bring a resolution back at the 4/12/94 meeting. 6. RESOLUTION 17438 AUTHORIZING THE CITY MANAGER TO PREPARE ALL NECESSARY DOCUMENTS FOR COLrNCIL APPROVAL OF A GRANT AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION TO IMPLEMENT AN ALTERNATIVE FUEL RETROFIT PROGRAM FOR $55,000 AND AN ALUMINUM AIR BATTERY RESEARCH AND DEVELOPMENT PROJECT FOR $50,000 - In November 1993, Council accepted fi~nding that had been legislated to the City for the development of an aluminum air fuel cell for electric vehicles and to create an alternative fuel retrofit program. A total of $105,000 in funding was accepted; $55,000 for the alternative fueIs retrofit program and $50,000 for the aluminum air battery development project. This action allows staff to proceed with a contract to receive Energy Commission fun&. Staff recommends approval of the resolution. (Administration) 7. RESOLUTION 17439 AMENDING THE GRAFFITI POLICY ON YOUTH SPORT FACILITIES AND STRUCTURES ON CITY PARKLAND - On 1/18/94, Council adopted a Graffiti Policy for youth sport facilities and structures on City Parkland and referred two options for staff and the Youth Sports Council to consider. Staff recommends approval of the resolution. (Director of Parks and Recreation) 8. RESOLUTION 17440 AUTHORIZING THE CITY ENGINEER TO FILE APPLICATIONS WITH ' THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR FEDERAL GRANT TO PURCHASE AND INSTALL (I) EMERGENCY VEHICLE TRAFFIC S1GNAL PRE-EMPTION CONTROL SYSTEM AND Minutes April 5, 1994 Page 3 (2) A COMPUTERIZED ACCIDENT RECORD RETRIEVAL SYSTEM - The City has received an invitation from the OTS to participate in a State-wide Federal grant fund traflic safety improvement program. Staff has identified two traffic safety projects that qualify under the grant program: (a) Emergency Vehicle Traffic Signal Pre-emption Control System and (b) Computerized Accident Record Retrieval System. Staff recommends approval of the resolution. (Director of Public Works and Fire Chief) 9. RESOLUTION 17441 APPROV1NG SUBMISSION OF THE FISCAL YEAR 1994/95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 CLAIM FOR HANDYTRANS OPERATION - The Fiscal Year 1994/95 claim for Handytrans operation was submitted to the Metropolitan Transit Development Board and the San Diego Association ot Governments on 4/1/94 as required by State law. The claim includes $152,766 in TDA Article 4.5 funds and $22,194 in transit funds. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. ® Carolyn Butler, 97 Bishop Street, Chula Vista, CA, stated she was in support of funding the Dial-A-Ride system. She questioned how many days advance notice was required for the Handytrans system, how disabled one had to be to use the system, and what the minimum income was fur those utilizing the system. She requested that Greg Albado be elevated to the position of Transit Coordinator. Councilmember Rindone stated that a discussion of personnel was inappropriate. Mayor Nader informed Mrs. Butler that under the Charter only the City Manager could address the request made regarding personnel and she should contact him. MSUC (Nader/Fox) to refer Mrs. Butler comments to staff fur a report back to Council. RESOLUTION 17441 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. 10. RESOLUTION 17442 AUTHORIZING SUBMISSION OF FISCAL YEAR 1994/95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM - The Fiscal Year 1994/95 TDA Article 4.0 Claim for Chula Vista Transit operation and capital procurements is in the amount of $2,466,700. The claim was submitted on 4/1/94 to San Diego Association of Governments and Metropolitan Transit Development Board as required by State law. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 17443 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 1994/95, AND AUTHORIZING MAYOR TO EXECUTE SAME - The agreement autharizes the City to claim $99,551 of County Transportation Development Act Article 4.0 funds for Chula Vista Transit service provided in the unincorporated area in Fiscal Year 1994/95. Staff recommends approval of the resolution. (Director of Public Works) · Carolyn Butler, 97 Bishop Street, Chula Vista, CA, requested that Council read into the record the information she had previously given to them. 12. RESOLUTION 17444 AUTHORIZING TIlE EXECUTION OF TWO EASEMENTS AS REQUESTED BY THE SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF INSTALLING UNDERGROUND FACILITIES AND APPURTENANCES ADJACENT TO EUCALYPTUS PARK AND WITHIN UTILITY UNDERGROUNDING DISTRICT NUMBER 122, ALONG FOURTH AVENUE - On 6/30/92, Council approved establishing Utility Undergrounding District Number 122, along Fourth Avenue from "E" Street to a point approximately 100 feet south of State Highway 54. SDG&E has requested two Minutes Apdl 5, 1994 Page 4 easements along Fourth Avenue, just south of "C" Street in order to install and maintain a pad mounted switch and three transformers behind the sidewalk. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Rindone abstained from voting on Item 12. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING LOCAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY AND CONGESTION MANAGEMENT PROGRAM - On 5/5/92, Council adopted the Revised Draft Regional Growth Management Strategy (RGMS), which was prepared by the San Diego Association of Governments (SANDAG) and other member agencies in response to voter approval of Proposition "C" , the County's Advisory Measure on Growth Management (1988). The RGMS takes a quality of life approach to growth management, and contains standards and objectives and reconunended actions for nine Quality of Life Factors: air quality, transportation/congestion management, water, sewage disposal, sensitive lands preservation and open space protection, solid waste/hazardous waste management and housing. The RGMS also includes un annual "self-certification" process tier local and regional agencies to determine their consistency with the Strategy's recommended actions. The purpose of the hearing is to review the City's completed consistency checklist for calendar year 1993. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17445 TRANSMITTING THE LOCAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY TO SANDAG Councilmember Fox questioned if Council's action was the final step or if it would go to SANDAG for approval. Robert Leiter, Director of Planning, responded that SANDAG would receive a report from all jurisdictions. Normally, they received the report and did not take any further action. Mayor Nader stated under Water Conservation there were several items where "no" was checked with a notation that them was a Landscape Manual in place. He questioned whether the Landscape Manual could be changed or violated without action by Council. Mr. Letter responded that it could not, it was adopted by a resolution and had the same enforcement and affect as an ordinance. Mayor Nader felt the item should be checked "yes" with an asterisk to indicate that the Landscape Manual was being enforced. Mr. Leiter stated there was a Landscape Manual in place, but a revised manual would be before Council in May which would address specific State laws enacted under AB 325. Mayor Nader referred to the Sensitive Lands section and the indication that the City did not have an ordinance in the wetlands and floodplains categories. One part of his environmental agenda involved sensitive land protection and he questioned when that would be brought back to Council. Mr. Leiter responded that on the two specific areas, staff could forward a report to Council regarding the regulations that existed. The initial report should be before Council by the end of June. This being the time and place as advertised, the public hearing was declared open. · Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA, INDWELLER, stated according to the Regional Public Facilities Financing Plan one of the quality of life factors was solid waste. She felt it was time to resolve Minutes April 5, 1994 Page 5 the inequities and adopt a strategy to incorporate regional fees into a local planning effort. Chula Vista needed to be established as the beneficiary of it's own waste stream, generate revenues through resource recovery and make private contracts responsible for their own debt service. Mr. Leiter stated the item before Council was the checklist tbr the adopted elements. The Regional Public Facilities Financing Plan referred to by Ms. Aland had not been adopted by the City. There being no further public testimony, the public hearing was closed. RESOLUTION 17445 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived. Councilmember Rindone questioned whether the 2% CAP was self-setting or a legal restriction. Mr. Leiter responded that the CAP was on assessments used to build thcilities and was set by the City, it was strictly self-imposed. VOTE ON RESOLUTION 17445: apprnved mluuinlnusly. ORAL COMMUNICATIONS ® Carolyn Butler, 97 Bishop Street, Chnla Vista, CA, ret~rred to the proposed rates for public transit as proposed by MTDB. She was concerned regarding the elimination of 75 % of the youth fees on the 901,902, and 903 routes. She felt that was wrong, that responsibility should not be taken t?om the youth of that age. She also expressed the need for a transportation committee and olt~red her services. Councilmember Rindone clarified the MTDB proposal regarding the rates and adjustments for public transit. They were trying to expand the system and there was sufficient funds (capital improvement funds) at the federal level for that expansion. Ironically, there was inadequate Ihnds tu operate the system and CIP funds could not be used for operations. Therefore, it was recommended that MTDB recomn~end to SANDAG to continue the adjustment of TDA funds to adjust the ratio between operations and CIP projects. If that was not done there would be inadequate fitads to operate the system. It was projected that there would be a $37.5 million operating budget shortfall over the next three years. There was no quick solntion or easy way out. BOARD AND COMMISSION RECOMMENDATIONS 14. REPORT REQUEST FOR CITY SUPPORT OF THE VISUAL ARTS FOUNDATION, INC'S REQUEST FOR PORT DISTRICT FUNDING FOR THE 1994 SUNSET CINEMA FILM FESTIVAL - The Film Festival has been successfidly conducted at Bayside Park tbr the past three summers. The event features a film (or films) that are projected un a large screen that is located on a floating barge anchored in the bay directly west of Bayside Park. The audience watches the movie fi-om the park. The Film Festival is supported, in part, through funding from the San Diego Unified Port District. The Port will be approached this spring seeking funding for the 1994 Festival. The Conunission recommends Conncil accept the report and forward a written communication to the San Diego Unified Port District indicating the City's support of the proposed 1994 Sunset Cinema Film Festival. (Cultural Arts Commission) MSUC (Naderatorton) to accept the staff repurt. ACTION ITEMS 15. REPORT UPDATE ON SOLID WASTE ISSUES AND EVALUATIONS OF PROPOSALS FOR SOLID WASTE SERVICES - On 3/1/94, Council approved additional consultant services Minutes April 5, 1994 Page 6 in order to proceed with the evaluation of the five proposals fi~r solid waste services received as a result of the Request for Proposal issued 12/16/93. At that time, a three step process was defmed which would provide Council with important decision-making information prior to the 5/31/94 expiration date of the Interim Solid Waste Participation Agreement. Staff recommends Council accept the report. (Administration) George Krempl, Deputy City Manager, stated it was the first of a three step process to evaluate alternative waste disposal options and what the City could do regarding the County and a joint powers authority currently being contemplated. Tracy Swanborn, representing Brown Bence & Associates, gave an overview of the evaluation process. Five proposals were received on 2/15/94 with two proposals being disqualified. The evaluation was done on the three existing proposals. Staff would be looking at Chula Vista's costs in the County system and compare those costs and roturn with recommendations to Council. She then highlighted the key elements of the service packages offered and their evaluation of the proposals. Councilmember Rindone questioned what alternatives were given to the Campo landfill. Ms. Swanborn responded that Laidlaw offered the Chiquita landfill located in Valencia and Sexton offered the Otay landfill. Mid-American did not offer an alternative site. Councilmember Fox questioned what the City's position would be if they were not in the County system regarding the Otay landfill. Ms. Swanborn responded they were working on clarifying that issue. She pointed out that the total cost per ton for transfer, hauling and disposal services ranged from $43-$6 I. They would be seeking clarification from some of the vendors regarding elements in their proposals and may come back with an update of their detailed evaluation. Based on the clarification process and the comparison of the County system they would return to further Council direction. · Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA, stated her proposal was represented social, economic, and environmental planning; which included being a local, minority business and a non-profit support for the planning of solid waste management service. She did not propose solid waste disposal, but that of a subcontractor to whatever waste hauler was utilized. She would pursue her facility with legal counsel at an expense to the City and herself that she did not wish to incur. She had a list of business that had provided statements of support, but requested that the list be kept confidential. City Attorney Booguard stated once submitted to the Council the list could no longer be kept confidential. Mayor Nader stated when given confidential information he would keep it confidential. He recommended that she submit the information to him in a sealed envelope marked confidential. · DonnaTisdale, P.O. Box 1275, Boulevard, CA, representing Backcountry Against Dumps (B.A.D.), stated in reviewing the reports there was no reference to the environmental report that would be required for any transfer stations and the transportation of waste to the Campo reservation and questioned if the tipping fees included the costs for the EIR. She further questioned if the payment of in-lieu taxes for truck delivery was included in the tipping fees. Mexican authorities had assured her that rail transportation of waste through their country would not be allowed. She had been told by Mid-American that they had not bid rail haul because it was not feasible due to the eonditinn of the ofthe rails and other reasons. Under Disposal Services it stated eompletionwas expected forApril 1994 for the Campo landfill and she felt it was misleading. Issuance of the construction permit was expected in April, but that did not guarantee construction. Mid-American had informed her there would be a minimum of six months betwean the issuance of the permit and construction and there was no mention of the permit to operate review which could take another year or, the State could deny it. According to the U.S. EPA the Campo site may never be able to meet the Groundwater Monitoring requirements and they felt they had a basis for a lawsuit on their inability to meat those requirements. Baja was also looking a possible legal action to stop the landfill. They Minutes April 5, 1994 Page 7 believed Mid-American was experiencing financial problems and she submitted a letter from the Office of the Prosecuting Attorney for Fairfield County, Ohio retorting to their inability to obtain a new letter of credit, in the mail was another letter stating that Mid-American had dafaulted on their third quarter loan payments, and a Mid- American spokesman had been quoted as saying that "it was no secret that the company was having a hard time right now". She submitted articles from the newspaper where Mid-American business practices were questioned. They hoped Council would not put their aquifer at risk as it was the sole water supply for U.S. and Mexican citizens. Councilmember Horton questioned who did the EIR on the Campo site. It was her understanding that the design and construction was to be superior to many other I~cilities. Ms. Tisdale responded that Mid-American paid tbr the work and it was edited by the Bureau of Indian Affairs and their consultants. She felt that was due to the research their organization had done and only at their insistence. Councilmember Rindone stated it was his understanding that the recent lawsuit B.A.D. brought against the Campo Indians was dismissed. Ms. Tisdale responded that was the Cramty of San Diego's NEPA lawsuit against the Federal Government and the County was appealing that decision. Their group had a suit against the State Water and Waste Board on the permit to operate and it was pending. Mayor Nader questioned whether the RFP specified the need ~br an alternative site to the Campo landfill. Mr. Krempl responded that Campo landfill had not been specified in the RFP and an alternative had not been required. Councilmember Rindone ti~lt while not speci/}dng what the alternatives would be, they still should cover all bases and if one of their proposals proved to not be viable there should be an alternative. The City needed to continue to pursue the process to se/e what alternatives were available before making any type of commitments on behalf of the ratepayers. He was not prepared to accept nnmbers sach as $65/ton to $85/ton for tipping fees. If any or all, or a combination of proposals relied on one particnlar system, and that proved to not be feasible, then the alternatives became critical. Councilmember Fox stated he had great concerns regarding the information presented. He felt the proposers should have known that Campo may not have been a viable alternative and that a reasonable proposal would have considered that fact. He questioned if stsff was expecting CmlnciI in May, not knowing the status of Campo, to consider two of the three alternatives as viable ~vhcn there was no contingency plan. Mr. Krempl responded that staff had no response as they had not finished the evaluation or prepared recommendations. Staff was only presenting inforn~atk>n from the first phase. He felt the point was well taken and in formulating their recommendation to Cormoil they wonld taken into account what the possibilities were for contingencies and how that could be woven into the negotiation process. Councilmember Fox questioned if the propusers that did not present alternate sites could do so before the time Council would make a final decision. Mr. Krempl stated that could be done if so directed by Council. Councilmember Fox stated he wanted more than one alternative aod how the alternatives would work. The low bidder received the lowest rating and he questioned the reasons tbr the low grades. He also wanted to know the significance of indemnification. Mr. Krempl stated the purpose of the ratings at the carrent time was to give Council a relative picture of the various proposals against one another. The lowest scorer could be the one recommended. Minutes April 5, 1994 Page 8 Ms. Swanborn reviewe/,l the criteria for the ratings. Proposers were asked to respond if they were willing to offer the indemnification. It was an issue Council would have to address at negotiation time. It was not an issue that would stop the evaluation of the proposal. The contingency plan was not specifically evaluated as it was not a requirement of the proposal. It would be an important item the City would evaluate at the end of the process. Councilmember Fox stated one of the proposers was not financially profitable for one out of three years and questioned if that meant they were less solvent. Ms. Swanborn stated they would request further clarification in order to feel comfortable that they could hundie the project and build in more due diligence into the prc~ject. Councilmember Moore questioned if transfer stations and long hauling atttomatically triggered an EIR. He wanted to know what it would cost the City for an alternative way of disposing the trash. He questioned if there was a delay if there were checks and balances in the fees fbr that year or extended period. Mr. Krempl responded an initial study would be done to see ira mitigated negative declaration, negative declaration or full EIR would be necessary. He I~lt a transfer station would require a full EIR. The checks and balances regarding the fees would be a negotiated item. City Attorney Boogaard stated a proper financial analysis would require all the start up costs to be considered and amortized into the fee and be part of the selection process by which it would be decided whether or not to stay with the County. Mr. Krempl stated staff would return to Council on 4/26/94 with analysis of comparisons of the County system and on 5/10/94 with the final report and preliminary recommendations. MS (Fox/Moore) to direct staff to ask the proposers thut did m~t present contingency sites to do so and elaborate how it would work. Councilmember Fox stated there were two proposers with contingency sites and questioned whether that was reflected in BVA's altered cost analysis. Ms. Swanborn stated that would be considered in the next phase of the process. VOTE ON MOTION: approved unanimnusly. Councilmember Rindone felt the consultants should tbcus on the analysis of local conditions, facility capacity, indemnification and tipping fees, environmental issues, and terms and relationship if one of the options became viable and what may or may not be available, i.e. an analysis of the transition period. The project schedule should focus on the realistic analysis of a transfer station, location, need for a transfer station, time line, etc. He questioned if any of the three proposals came back with amendments how the process would entertain that and if it would be fair. He felt it could be a benefit to the ratepayers and questioned if that had been addressed in the process. Mr. Krempl stated staff had tried to keep everything on an equal basis and once the deadline was reached it would seal what was submitted and how it was submitted. The information asked for in terms of having a back-up proposal was somewhat different, but if Council was going to open it tip, there should be an extended time frame to allow everyone to respond on an equaI basis. Councilmember Rindone suggested that staff keep the original conditions on an equal basis for analysis. Once that evaluation was done it may be fair to allow for adjustments for all. His intent was to get the best deal possible for the ratepayers. After the initial analysis there could possibly be justification for amendments. He wanted staff to look at that an give Council their recommendation on the 26th. Minutes April 5, 1994 Page 9 MS (Rindone/Fox) to accept the report and direct stuff to bring hack an analysis of the three ~nalists on April 26th. 16. RESOLUTION 17446 APPROPRIATING $3,720 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO SUPPORT SEVERAL PROJECTS PROPOSED BY THE CULTURAL ARTS COMMISSION - The Cultural Arts Commission is intet'ested in pnrsuing a number of projects that will enhance the Commission's ability to provide a variety of services tbr the community. Funding for the projects is not included in the Commlssion's Fiscal Year 1993/94 bndget, Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. RESOLUTION 17446 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. 17.A. RESOLUTION 17447 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 1994/95 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT NUMBER 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 7, 1994 AT 4:00 P.M. AND JUNE 14, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - On 1/25/94, Council directed the City Engineer to prepare and file reports of assessments for Maintenance District Number 10. The reports have been prepared and the resolutions approve them and sets the dates for public hearings to consider the spreading of' assessments. Staff recon~anends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17448 DECLARING TtIE INTENTION TO ADJUST THE BOUNDARY BETWEEN OPEN SPACE MAINTENANCE DISTRICT 20 AND DISTRICTS 1 AND 10 AND SETTING APRIL 19 AND APRIL 26, 1994 AT 6:00 P.I~I. AS TttE DATES AND TIME FOR THE PUBLIC HEARING * * * Councilmember Fox lct't the dias at 5:52 p.m. and returned at 6:00 p.m. * * * MS (Moore/Rindone) to direct staff, in the next six to eight muuths, to review huw the City derives the fees in all open space districts and bring forward reeammendations to bring dnwn costs, and how open space was accepted, and pro's and con's of their recommendations. Councilmember Moore stated the costs continued to gr~w and it was easy to continue to increase the fees. The City had a policy regarding full cost recovery and that was not currently being done as it would also raise the costs and he felt that should also be looked at. The Council shonld not be put in a position of accepting open space districts that would come back and haunt them in the future. The p~licy uf how the Council accepted open space should also be reviewed. VOTE ON MOTION: approved 4-0-0-1 with Fu?~ abstaiuing. RESOLUTION 17447 AND 17448 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved 4-0-0-1 xvith Fl~x abstaining. 18. RESOLUTION 17449 APPROVING TIlE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1994/95 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, EASTLAKE, BAY BOULEVARD AND TOWN CENTRE, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 7, 1994 AT 4:00 P.M. AND JUNE 14, 1994 AT 6:00 P.M. AS THE DATES AND TI~,iES FOR THE PUBLIC HEARINGS - On 1/25/94, Council directed the City Engineer to prepare and file reports of assessments for all existing City Open Space Maintenance Districts. The reports have been prepared and the resolntion appruves them and sets the dates for Minutes April 5, 1994 Page 10 public hearings to consider the spreading of assessments. Staff recmmnends approval of the resolution. (Director of Public Works) RESOLUTION 17449 OFFERED BY MAYOR NADER, reading of the text was waived. Councilmember Horton questioned ways to bring down maintenance costs. Jess Valenzuela, Director of Parks & Recreation, responded that staff tried to do that with bid clustering. Staff could look at different plant materials and watering schedules in trying to bring the costs down. Water and utilities had gone up and it was anticipated those costs would be up 24% in FY 1995. Councilmember Rindone stated staff recommended at 3 % decrease in District 20 but there was actually a true increase of $90. He felt the recommendation should he changed as the recommendation would only exacerbate the increase in the future. John Lippitt, Director of Public Works, stated it was dee to tile high reserves in that district. He agreed that the fee should be kept the same as the current year rather than a 3 % decrease. MSUC (Rindone/Fox) the assessment for Open Space District No. 20 to remain the same as FY 1993/94 therefore abating larger increases in the future. Councilmember Rindone referred to the Landscaping and Lighting Act which stated an increase was not allowed if a protest from the majority of landowners existed. He felt the majority of those in Assessment District No. 4 would not be supportive. He questioned what the legal implications would be and what the City's options were. Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that if the protest took place it could require that the open space district financing not go through and cotlld change the entire financing structure. The City would have to start financing the increased costs through some other fund, i.e. the General Fund. Councilmember Rindone questioned how the City would properly maintain the open space districts and meet the community needs. He felt that issue needed to be addressed. in all cases except for Districts Nos. 1, 23, and 26 the true costs were in excess of what was being paid. His concern was not so much for the coming year, but that the fees would have to go up and they shotald not jump, but go up incrementally. Mr. Morris stated staff would do a fbllow-op report to Council. Councilmember Moore stated the report shoold include a number of alternatives, i.e. should the open space be converted to another use and if that was legal. He was not pleased with a two year spread of assessments as he did not feel it gave a true picture, it should be a minimum of three years. Mayor Nader stated he was concerned with the notices that would be mailed for the public hearings. In past years property owners had received notices and were under the assumption that Council had already accepted the proposed fees. The purpose of the notice was to solicit public input and he snggested that the notice be submitl~d to Council as an information item before they were mailed. Council could then review it to make sum that it was clear that no decision had been made by Council regarding the fees and that the public hearing was for the purpose of soliciting public input. Mr. Lippitt stated there had already been one meeting held with everyone in the districts invited. Staff was prepared to mail out additional notices in several days for a meeting to be held on April 30th. Staff would review the figures with those in attendance at that time and announce the dates for the public hearings. Notices had to be mailed forty- five days in advance of the meeting. Mayor Nader questioned if there would be a problem in delaying the public hearings for one week to allow time for Council to review the notice. Minutes April 5, 1994 Page 11 Mr. Lippitt responded staff would get the wording tu Council by next week tbr review. VOTE ON RESOLUTION 17449: appreved ununinmusly. * * * Council met in closed sessinn at 6:18 p.m. and reconvened at 6:50 p.m. * * * 19. REPORT APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO THE POLICY SUBCOMMITTEE FOR THE OTAY RANCH PROJECT - The Council and the San Diego County Board of Supervisors agreed to continue joint input in the tiltare planning of Otay Ranch by convening a subcommittee composed of two members from each body. The purpose of the subcommittee is to provide ongoing policy direction to staff on the implementation of the Otay Ranch Project. Stuff reconwnends Council accept the report. (Otay Ranch Project) MSUC (Rindone/Moore) to nominate Cuuncihnemher Hurton and Fox to the Policy Subcommittee for the Otay Ranch Project. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 9. The minutes will reflect the published agenda order. OTHER BUSINESS 20. CITY MANAGER'S REPORT(S) - None 21. MAYOR'S REPORT(S) 21a. Enforcement of housing discrimination violations. Mayor Nader stated the City had received a study which showed there was substantial discrimination in housing to African Americans and families with children. He had asked the City Attorney infbrmally to get some intbrmatilm on options available from Federal and State laws for enforcement by the City. The City should not be expected to incur the expenses for the job the State and Federal governments were not doing correctly. The City Attorney suggested Council direct staff to aggressively report suspected discrimination to the Department of Fair Housing and Employment. He had also referred the item to the Human Relations Commission to review th~ issue and bring fbrth recommendations. MS (Nader/Fox) 1) direct staff that any:line there was a violation due to suspected discrimination regarding housing that it be referred to the Depatment of Fair Employment and Housing; and 2) refer to the City Attorney for information on what optiuns the City had to undertake local enforcement with cost recovery from the wrong doers. Councilmember Moore stated he had a problem with the word "suspicion" as it was too broad. Therefore, he could not support the motion. He could support the motion if it were to be kept in-house. Councilmember Horton stated there were existing mechanisms in place. lilelbre that type of information was passed on it should be made certain that it was wdid. She did not t~cl it was a City responsibility. Any citizen had the right to turn in that infornmtion to a regulatury agency. AMENDMENT TO MOTION: (Nader/Fox) to refer the item tu staff tn report back on what the problems were~ procedures, and remedies with the referrill to the City Attorney fi~r information on what options the City had to undertake local enforcement with cost recovery tYum the wrong doers. Minu~s April 5, 1994 Page 12 Mayor Nader felt staff should also report back on what they were currently doing regarding alleged discrimination in housing. Councilmember Moore f~lt the Mayor could send out letters expressing his concern regarding the issue. Mayor Nader stated he would not be opposed to sending ont letters and requested that staff notify him of those that were accused with discriminatory practices and draft a letter fbr his signature. He was concerned that it was indicative of a larger underlying problem. Councilmember Hotton questioned if the report was done by HUD or another agency that was involved in housing discrimination. Juan Arroyo, Housing Coordinator, responded that the audit was done by the Fair Hoosing Council of San Diego. It was a non-profit independent agency that was ~mded by the City of San Diego and other cities in the County. It was a CDBG requirement for Federal funding. Councilmember Rindone stated when the report was brought back it shonld focus on the best efforts to seek appropriate remedies. It should look at the problem fi'om solution orientation. VOTE ON MOTION, AS AMENDED: approved unanimously. 21b. Ratification of appointment to the Design Review Committee - Patricia B. Kelley. Continued from the meeting of 3/22/94. MSUC (Nader/Fox) to ratify the appnintment uf Putricia B. Kelley tu the Design Review Committee. 21c. Direction to staff regarding continuing participation in the San Diego Area Waste Management District. Mayor Nader gave a brief review of recent actions regarding the Clean Water Program. The District had submitted a draft interagency master agreement tbr consideration by the Boardmembers and after review it was felt it was a way to lock in an extremely unfair liability and cost distribution system whereby San Diego would get to pay for their past mistakes by putting the costs on other cities and the rate payers of other cities. The weighted vote issues had also not been resolved. He felt the process of how the new executive director of the District was chosen reflected the control one city had over the process. They were only a few months away of having to make a decision as to whether or not the City would pull out of the District. A meeting was held with other jurisdictions regarding the possibility of forming a separate sewage district. There was an existing contract with the City of San Diego, whether the City belonged to the Waste Management District, to supply sewage treatment for the City well into the 21st century at a reasonable rate. The capacity was well in excess of what the City would need under that agreement. In the meantime, the City could negotiate with the International Boundary Water Commission to use excess outfall capacity from the international plant that would be built. The City could also build their own reclamation plant and sell the water which would be a job creating asset for the region. MS (Nader/Moore) to direct staff to initiate regular meetiugs to discuss formation of a separate southbay wastewater management district and invite counterpart stuff from the County of San Diego, Imperial Beach, and National City to participate and to give regular prugress report to Council to enable them to make a decision prior to the June 30th deadline. Councilmember Rindone questioned whether that would be doable in that time period. Mayor Nader felt that with the information that was already done. The foundation had already been laid. John Lippitt, Director of Public Works, stated that meeting with staff and coming up with options and checking with the Federal government and looking at preliminary estimates was doable. What staff would not have for a long time would be the final outcome of the judge's decision and the final outcome of the regional system. Minutes April5, 1994 Page 13 Mayor Nader stated the motion was not to withdraw from the District but to look at other options. Councilmember Rindone had questioned whether staff could implement the motion within the two month time line. The answer he had been given by Mr. Lippitt before was that staff would be able to meet that ti~ne line. Council did not need to have a mechanism in place before forming another district as the City had a contract with the City of San Diego for another twenty years of sewer capacity. Mr. Morris stated staff could come back with that infin'mation, but could not come back with a cost benefit of staying in the District versus withdrawing because they wonld not have a point of comparison of what would happen based on the judge's decision. Councilmember Horton stated she was not snre that it was the right approach to take at the present time. The District staff had been given specific and strong direction to look at the voting issue and there was still time to extend the present agreement. Mayor Nader stated the City did not have that option. the District as a whole had that option. The motion provided the City and neighboring cities an option. Councilmember Horton stated she did not want to stop the cun'ent negotiations. Mayor Nader responded the motion did not stop the negotiations or preclnde the City from staying in the District. VOTE ON MOTION: apprnved umminnmsly. 22. COUNCIL COMMENTS Councilmember Horton 22a. Cultural Diversity/Sensitivity Training. Cnntim~ed from the meeting of 3/22/94. Councilmember Hotton stated she had been informed that in 1992 there had been diversity training tbr executive and mid-managers. She felt that was a good start, but that it would be beneficial t~.~r all employees throughout the City and specifically the Police Department. MSUC (Horton/Moore) to direct staff to return with a repnrt within sixty days with recommendations regarding development and implementation nf cultural diversity/sensitivity training for all Chula Vista employees. The report is to include a time line, cost estinmtes, and other key elements, but not limited to development of a policy statement and goals, identification of key shnrt term issues needing immediate attention, implementation schedule to meet thuse issues, and creatiun uf a schedule to meet long term training needs. 22b. Councilmember Hotton stated there had been several situations where developers were required to provide park & ride lots. Several churches had also approached the City regarding the waiver of building fees. She felt the utilization of the church lots during the week when they were usually empty would help to save the churches development fees and help the developers provide needed amenities. MS (Hotton/Fox) tu refer to staff to return with a repurt on a policy regarding a partnership or sharing of the church lots for the required park & ride lots. Councilmember Fox questioned whether the mulinu included uther service orginizations or facilities appropriate for park & ride use. Agreed to by the Maker nnd Secund of the Mutim~. VOTE ON MOTION, AS AI~{ENDED: approved unanimously. Minutes April 5, 1994 Page 14 Councilmember Rindone 22c. Councilmember Rindone requested that Curlew Enforcement (referral 2857) be placed under his comments on the 4/12/94 agenda. Staff is to include the memorandnm from Chief Emerson dated 3/28/94 in the agenda packet. * * * Council recessed at 7:51 p.m. and reconvened at 9:11 p.m. * * * City Attorney Boogaard stated the taping nf the meeting wouId be suspended but any actions reported after closed session would be available on Wednesday in the City Clerks office on an expeditious basis. He did anticipate an announcement after closed session. Mayor Nader felt it would be useful to make the announcement dnring the regular City Council meeting the next Councilmember Moore stated Council had voted that the actions taken in closed session would be available the next morning in the City Clerks Office. Councilmember Rindone suggested that it be listed as Item #4 on the agenda and beco~ne a routine format. Mayor Nader felt Councilmember Moore's recoinmendatinn would be snfficient and not require an ordinance that would change the order of the agenda. 23. CLOSED SESSION * * * Council ~net in closed session at 9:15 p.m. and reconvened at 10:25 p.m. * * * CONFERENCE WITH LEGAL COUNSEL REGARDING; 1.Existing litigatiun pursuant to Gevernment Code Section 54956.9 · Christopher vs. the City of Chula Vista. · City of Chula Vista vs. the County of San Diego. (Surcharge) · City of Chnla Vista vs. County of San Diego and Aptec. · EPA vs. the City of San Diego. Chula Vista amicus party discussion, instructions to attorneys. 2.Anticipated litigation pursnant te Gevernment Code Section 54956.9 · Granite vs. the City of Chula Vista. (Contractur's Claim) 24. ORAL REPORT OF FINAL ACTIONS TAKEN IN CLOSED SESSION City Attorney Boogaard announced at 6:50 p.m. that Council had discussed four out of the five items listed for closed session and final action was not taken fi~r any nf those items. Council did not discuss the Christopher case and would do so after the regular meeting and report hack to the pnblic if any final action was taken. City Attorney Boogaard announced at 10:25 p.tn. that Council had approved unanimously the City Attoruey's recommendation to retain three attorneys: ene for the City and John Goss, one for Gina Chammas, and one for the Minutes April 5, 1994 Page 15 remaining named defendants in the Christopher vs. City of Chula Vista lawsuit and instructed the City Attorney to remm with an appropriation request, AD.|OURNMENT ADJOURNMENT AT 10:30 P.M. to the Regular City Council M~eting on Tuesday, April 12, 1994 at 6:00 p.m. in the City Council Chambers. An Adjourned Regular Joint Meeting of the City Conncil/l~.edevelopment Agency and a Joint Regular Meeting of the City Council/Redevelopment Agency convened at 7:51 p.m. and adjourned at 9:07 p.m. An Adjourned Special Meeting of the Industrial Development Authority convened at 9:07 p.m. and adjourned at 9:11 p.m. Respectlhlly submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy Git.~.C, lerk