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HomeMy WebLinkAboutcc min 1994/05/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CttULA VISTA Tuesday, May 17, 1994 Council Chambers 6:09 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, and Mayor Nader ABSENT: Councilmember Rindone ALSO PRESENT: John D. Goss, 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: April 5, 1994 and April 19, 1994 MSC (Fox/Moore) to approve the minutes of April 5, 1994 and April 19, 1994 as presented. Approved 4-0-1 with Rindone absent. 4. SPECIAL ORDERS OF THE DAY: 4a. Proclaiming the week of May 15 - 21, 1994 as National Public Works Week in the City - The proclamation was presented by Mayor Pro Tern Horton to John Lippitt, Director of Public Works, accepting on behalf of the City's Public Works Department. CONSENT CALENDAR (Items pulled: 10) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILI%{EMBER FOX, reading of the text was waived, passed and approved 4-0-1 with Riudune absent. 5. WRITTEN COMMUNICATIONS: 5a. Letter of resignation from the Culturul Arts Commission - Ralph Torres, 1035 Corte Maria Ave., Chula Vista, CA 91911. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6.A. ORDINANCE 2592A AMENDING SECTION 17.10.100 TO PERMIT PAYMENT OF REQUIRED PARK FEES 60 DAYS AFTER MAP APPROVAL BUT BEFORE MAP RECORDATION, AND AMENDUNG SECTION 18.16.100 TO CLARIFY LANGUAGE ALLOWUNG BONDS TO BE PROVIDED AFTER MAP APPROVAL (second readine and adoption) - On 1/19/93, Council approved the Tentative Subdivision Map for Tract 93-03, Telegraph Canyon Estates. The fourth final map for said tentative map is now before Council for approval. The developer has requested that payment of Park Acquisition and Development (PAD) fees be deferred until after map approval. The proposed Municipal Code amendment would allow the alternative. Staff is now recommending Alternative 2592B. (Director of Public Works, Director of Planning, Director of Community Development, and Director of Parks and Recreation) Continued from the meeting of 5/10/94. Minutes May 17, 1994 Page 2 B. ORDINANCE 2592B AMENDING SECTION 17.10.100 TO PERMIT PAYMENT OF REQUIRED FEES 60 DAYS AFTER MAP APPROVAL, AND AMENDING SECTION 18.16.100 TO CLARIFY LANGUAGE ALLOWING BONDS TO BE PROV1DED AFTER MAP APPROVAL Ifirst readin-) - This ordinance proposes a further modification to the amendment which Council passed on 5/3/94 concerning the Telegraph Canyon Estates Final Map (Baldwin). The amendment would allow Park Acquisition and Development Fees (PAD) and other fees to be paid within 60 days of a final subdivision map approval if appropriate security were provided thus allowing map recordation and building permit to be issued within the 60 day period. Staff recommends Council place the Ordinance 2592B on first reading. (Deputy City Manager Krempl) City Attorney Booganrd requested Council consent on a change in the ordinance which was agreeable to staff and the developer. The current proposal would allow the developer to pay his PAD fees 60 days after map approval, but would otherwise have charged interest at the average quarterly interest rate plus two percentage points. The developer objected to paying the two percentage points fk>r that 60 day period of time which was a negligible amount of money for the particular map before Council. He recommended that the two percentage points be waived for 60 days, but if the PAD fees were not paid on the 60th day in addition to such other security, the City would get interest plus two percentage points until it was paid plus attorneys fees and costs if litigation was required to collect. Mayor Nader stated it was the consensus of the Council to incorporate the recommendation by the City Attorney into the Consent Calendar. 7. RESOLUTION 17486 APPROVING AND RATIFYING A LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT APPLICATION - The California Used Oil Enhancement Act authorizes the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Consumers in turn are charged four cents per quart when they purchase oil. The Act mandates California Integrated Waste Management Board to provide non-competitive Block Grants to local governments for used oil programs that encourage recycling and avoid improper disposal. Remaining funds are used for competitively awarded Opportunity Grants to local governments fi~r proposed and expanded programs. The Used Oil Opportunity Grant of $270,300 was submitted on 4/15/94 to meet the State deadline, subject to Council approval no later than 5/23/94. Staff recommends approval of the resolution. (Administration) 8. RESOLUTION 17487 GRANTING THE 1994 RICHARD WELSH MEMORIAL AWARD TO EASTLAKE HIGH SCHOOL LOCATED AT 1120 EASTLAKE PARKWAY - The Beautification Awards Committee held its annual meeting on 3/3/94 and, based on outstanding architecture, superb combination of colors and materials, energy saving features, and overall landmark quality of the project, voted unanimously to nominate the EastLake High School located at 1120 East Lake Parkway within the EastLake Greens planned community to receive the 1994 Richard Welsh Memorial Award. Staff recommends approval of the resolution. (Director of Planning) 9. RESOLUTION 17488 INITIATING PROCEEDINGS AND DECLARING THE CITY'S INTENT TO ESTABLISH ZONE 8 IN OPEN SPACE DISTRICT 20, FOR RANCHO DEL REY DEVELOPMENT IN ORDER TO MAINTAIN A DESILTING BASIN AND TO SET JULY 19 AND 26, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - A desilting basin was built by McMillan Development in City open space off-site of Rancho del Rey land to trap silt which washes down from the upstream development. After maintenance by McMillan fi~r five years, the City will have to maintain the basin. Formation of Zone 8 within Open Space District 20 will provide financing for the maintenance. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 17484 APPROVING AN AGREEMENT WITH D. J. SMITH ASSOCIATES FOR ADVOCACY AND PLANNING SERVICES IN CONNECTION WITH THE TRANSPORTATION DEVELOPMENT IMPACT FEE AND APPROPRIATING $90,000 FROM THE TRANSPORTATION DEVELOPMENT FEE FUND -The item involves retaining a consultant with expertise in funding of transportation facilities. The consultant, working with staff and the property owners, would develop a program for funding transportation facilities from sources other than developer fees, and would then aggressively seek such funding. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Continued from the meeting of 5/10/94. Pulled from the Consent Calendar. Minutes May 17, 1994 Page 3 · Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated the item would cost the City $1,200,000 when including all expenses. She recommended the City hire staff on a permanent basis. John Lippitt, Director of Public Works, stated the costs would be paid for out of the Transportation DIF program. City Attorney Boogaard stated the agenda report indicated it would come from the Trans DIF, the contract was silent to that issue. There was a $78,000 limitation for consulting services and a $12,000 limitation on transportation and lodging. It was a not to exceed $90,000 agreement, i.e. time and materials with a not to exceed CAP. · Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, stated there was a $150,000 difference between the low bid and the high bid. He questioned if the firm of DJ Smith was an engineering firm or a politically oriented tirm. Councilmember Horton stated Mr. Garcia's concern was with BSI being the low bidder with a proposal of $21,780 versus the highest bid, and the City going with the third lowest bid of $90,000. She questioned why BSI was not considered. Mr. Lippitt responded that BSI did not respond to the RFP, staff was looking for advocacy type work and the ability to bring in funds lbr the transportation system. Mayor Nader stated DJ Smith was registered with the FPPC as an advocacy group. Councilmember Hotton felt the prime goal shinrid be to have someone with the ability to lobby both at the state and federal levels. She questioned why staff did not consider the lower bid. Mr. Lippitt responded it was due to the presentation of the item and the fact that DJ Smith was using a local firm that had been involved in a lot of issues at SANDAG. The committee felt that was an edge. Mayor Nader shared the concerns regarding the low bid. He felt more of a background regarding the proposals would be helpful when the recommendation was not to go with the low bid. It appeared that the experience of DJ Smith related primarily to seeking tax increases as a mechanism tbr funding transportation projects. When he voted for the referral to staff he did not have tax increases in mind and would not support a tax increase for that type of purpose. He envisioned grant monies, competitive allocations fi'om the state and federal government of tax monies that were already collected, etc. He requested a provision that would make it very clear that the type of work the City was asking for was information and lobbying and advocacy fur alternative sources of funding for transportation projects and did not involve going to the taxpayers or citizens of the City to ask them to raise taxes. Mr. Lippitt responded that was the intent of the whole efibrt. The committee felt DJ Smith had a better handle in the San Diego regional issues and what was happening. The committee felt that both rirms were somewhat equal on state and federal issues. Mayor Nader questioned if there would be a more detailed workplan that would come back to Council. Mr. Lippitt responded that in a lobbying effort, the workprogram would develop as they went along. It was not intended that the workplan come back to Council. Staff could give Council status reports on a regular basis. Mayor Nader stated that a workprogram which would outline the priorities being pursued should come back to Council. It appeared the consult had experience in public transit and he questioned whether that would also be part of the workplan under the contract. Mr. Lippitt felt that during the first year they would not be looking at public transportation issues, but more near term issues. It was intended that the contracts could be extended in future years. They were going to concentrate on supplementing the Trans DIF. Mayor Nader questioned if public transportation was separated from the Trans DIF. He was talking about future public transit infrastructure, i.e. the public transit requirement in Otay Ranch. Mr. Lippitt stated it could come under a futore Trans DIF, but was not in the current one. Minutes May 17, 1994 Page 4 Mayor Nader stated he wanted to make sure that it was inclnded and if there were opportunities to access funding or getting in line for funding for the type of public transit project the City knew it would need, that it would be done. Mr. Lippitt responded that as far as the near term efforts in doing that they would talk to the consultants about including that in the workprogram. Staff would want to come back to Council with a more detailed workplan in the future. Mayor Nader questioned whether it would be necessary to continue the item for staff to pursue those discussions with the consultant. City Attorney Boogaard stated the contract cotald be amended later. Mayor Nader stated he was not talking about amending the contract later, but if the City could, without amending the contract, adopt a work program that would include accessing or looking at public transit funding. City Attorney Boogaard stated the project was only looking towards eastern territories transportation funding for the price quoted. If that was changed they would need additi~lnal funding. Mayor Nader stated they were not changing the scope of the prngram because what the City Attorney described would include some public transit infrastructure that was planned fi~r the eastern territories that would come under the Trans DIF fees. City Attorney Boogaard stated the Trans DIF program was to snpplement identified transportation improvements on a project by project basis, none of which included the rail prt2iect yet. It was a program for transportation development in the eastern territories. Councilmember Moore felt if there was going to be a minor change it should be rebid which he had no problem in doing. Councilmember Horton agreed. RESOLUTION 17484 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived. MS (Moore/Nader) to amend the contract, page 10~19, Task #2, add paragraph three, "Strategic Plan should not include a local tax as a form of revenue source to supplement or substitute for facility financing". Approved 4-0-1 with Rindone absent. Mayor Nader stated he was asking that public transportation be included in the sense that if there was an existing program that the consultant was aware of that would help the City fund future public transportation infrastructure, that it be included and that they help the City access those funds. He t~lt it made more sense to have one consultant do that than to have two separate consultants. Councilmember Moore felt the City owned the developers a concentrated effort on streets. To convert it to rail was another concept. Councilmember Horton stated that was her concept when the rel~rral was originally approved by Council. If it was to be modified, staff should review the issue with the other members of the subcommittee as to whether or not it should be included. She questioned whether the item was time sensitive. Mr. Lippitt stated there were some things happening at SANDAG that staff wanted them to work on, i.e. Route 52 diversions, etc. It was his understanding of the Mayor's comments that if the consultant was aware of some money that they let the City know and not spend a lot of time going after it. Then if the City wanted to go after it, Council had the option of amending the contract. City Attorney Boogaard referred to page 10-19 and stated the Strategic Plan would have to come back to Council and could be amended to read "Strategic Plan will define the network of required transportation improvements in the eastern territories including public transportation improvements". Minu~s May 17, 1994 Page 5 MS (Nader/Fox) to amend the contract, page 10-19, secnnd paragraph, to read" The Strategic Plan will define the network of required transportation improvements in the eastern territories including public transportation improvements". City Attorney Boogaard stated the Strategic Plan was a document that had to come back in draft form for City approval and he assumed Council wanted it brought back to them. That would give Council the opportunity to decide what portion of the plan they wanted dedicated towards public versus private transportation and give staff the opportunity to see what funding would be needed for the public transportation program. That would allow staff to go forward and retain a consultant to get the Trans DIF monies. Councilmember Horton felt the clause was included so if the consultant was aware of certain funds being available for the alternative transportation they would make the City aware of that, but the City did not want them to pursue finding those funds, i.e. making a special effort. She felt they were tbrgetting the purpose of why Council approved the referral and hiring a consultant. Mayor Nader stated judging from the discussion they had difl~rent purposes. His purpose was to look at the entire transportation development program. Councilmember Fox stated Council could approve a workplan that would specify the amount of time to be spent on public transportation. He felt the amendment should be incorporated into the agreement with review of the workplan. VOTE ON MOTION: approved 3-1-1 with Horton opposed and Rindone absent. VOTE ON RESOLUTION 17484: approved 4-0-1 with Rindone absent. 11. REPORT APPLICATION OF THE CHULA VISTA LITERACY TEAM FOR CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT FAMILIES FOR LITERACY GRANT FUNDS FOR FISCAL YEAR 1994/95 ~ The Chula Vista Public Library has applied to the California State Library for $23,000 in FAMILIES FOR LITERACY grant funds to implement a Family Reading Program in Fiscal Year 1994/95 through the Chula Vista Literacy Team. The program is designed to break the intergenerational cycle of illiteracy. The funds cannot be used to supplant the current tutor reading program. Staff recommends Council accept the report. (Library Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING CUP PCC-94-38: REQUEST TO ESTABLISH AN EMPLOYMENT SERVICE AND TRAINING CENTER IN TIlE PC ZONE IN RANCHO DEL REY AT 1045 TlERRA DEL REY - WESTERN DEVCON, PROPERTY OWNER, FOR THE STATE OF CALIFORNIA, EMPLOMENT DEVELOPMENT DEPARTMENT (EDD) - EDD proposes to relocate their existing operations from their outgrown facility located at 1664 Industrial BIrd. to 1045 Tierra del Rey where a 22,865 square foot structure will be constructed. Staff recommends approval or' the resolution. (Director of Planning) RESOLUTION 17489 GRANTING A CONDITIONAL USE PERMIT TO THE STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, ALLOWING OPERATIONS OF AN EMPLOYMENT ASSISTANCE FACILITY Mayor Nader questioned why a CUP was required. Robert Leiter, Director of Planning, responded that it was considered a public/quasi-public use. What differentiated it from a typical office use was the training school aspect which typically generated difli~rent parking requirements than a traditional office use. Mayor Nader questioned if that issue would be included in the CUP streamlining report that was coming back to Council for review. Minutes May 17, 1994 Page 6 Mr. Leiter stated that it was. Councilmember Moore questioned if more industrial property was being taken from the site. Mr. Leiter responded that it was not being developed tbr industrial use, offices would have been permitted as well. This being the time and place as advertised, the public hearing was declared open. · Kay Riley, 1664 Industrial Boulevard, Chula Vista. CA, representing the Employment Development Department and Janay Kruger, 4660 La Jolla Village Drive, Suite 1080, San Diego, CA, representing West Devcon stated they were in support of the project and waived their time. There being no further public testimony, the public hearing was declared closed. RESOLUTION 17489 OFFERED BY MAYOR NADER, reading nf the text was waived, passed and approved 4-0-1 with Rindone absent. Councilmember Moore stated a referral had been made in the past regarding the balancing of industrial property when changed to commercial, he questioned when the report would come back to Council. Mr. Leiter responded that a report would be before Council next month. It also recommended policies on how Council may want to deal with the issue in the future. 13. PUBLIC HEARING FORMATION OF A REIMBURSEMENT DISTRICT FOR THE CONVERSION OF ELECTRIC UTILITIES ASSOCIATED WITH TELEGRAPH CANYON ROAD - PHASE II - In October 1990, Council authorized EastLake Development Company to construct a portion of Telegraph Canyon Road from east of Paseo Ladera to east of Apache Drive and further agreed that the costs associated with said construction would be eligible for Transportation Development Impact Fee (DIF) credit. EastLake Development Company has requested that the underground conversion costs associated with the project be DIF eligible. However, the costs have typically not been eligible, and City staff recommends that a Reimbursement District be formed instead. Staff recommends the public hearint~ be continued to 6/7/94. (Director of Public Works) This being the time and place as advertised, the public hearing was declared open. MSC {Nader/Horton) to continue the public hearing to the meeting uf 6/7/94 as recommended by staff. Approved 4-0-1 with Rindone absent. ORAL COMMUNICATIONS · Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, requested the reformation of the transit committee. She expressed her concerns that phone calls to the Mayor/Cmtncil office were heard by staff prior to Members receiving the messages. · Mark Whillock, 346 Front Street, El Cl~jon. CA, representing Whillock Contracting, stated they had received the retention check for the Naples Street Channel project. He stated that handwritten on the bottom of the accompanying letter was the notation that it was the "final payment of all funds due ... for work under this contract (Naples St. Channel)". There were still disputes that had not been taken care of and questioned why that had been added to the letter. Clifford Swanson, Deputy Director of Public Works/City Engineer. responded that the Engineering Department and City Attorney had been working with Mr. Whillock and his attorney on a change order. The City Attorney had sent a letter to his attorney indicating that the City did not see any merit in the change order and the City had not heard anything from his attorney since. Mayor Nader felt the real issue was whether Mr. Whillock could cash the check and if he did if it would be construed as waiving any claim he would have regarding the disputed portion of the bill. The letter stated it was Minutes May 17, 1994 Page 7 "without prejudice to further claims" and he questioned whether that note, in the City's opinion, precluded Mr. Whillock from cashing the check and still submitting any tilrther claim he t~lt he had. City Attorney Boogaard stated if Mr. Whillock wished to contest any further part of the project he was entitled to do so. The minutes were to reflect that Mr. Whillock was entitled to cash the check without prejudice of filing or litigating further claims if so desired. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 14. RESOLUTION 17490 ACCEPTING CERTAIN BIDS AND AWARDING CONTRACT FOR "TREE PLANTING PROJECT AT VARIOUS LOCATIONS IN THE CITY (PR-189)" - On 4/20/94, sealed bids were received for "Tree planting project at various locations" in the City (PR-189). The work to be done consists of planting 688 trees at varions locations within the City. Funds for tree planting were included in the 1993/94 CIP budget (PR-189). Staff recommends approval of the resolution. (Director of Public Works RESOLUTION 17490 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived. Mayor Nader questioned whether the plantings wonld be in conformance with the City policy of drought resistant and native plantings. Jess Valenzuela, Director of Parks & Recreation, responded that it would be done by the Landscape Architect in the Parks & Recreation Department in conformance with the policy. VOTE ON RESOLUTION 17490: approved 4-0-1 with Rindone absent. 15. RESOLUTION 17491 ADOPTING COUNCIL POLICY ON SEWAGE PUMP STATION INSTALLATION AND FINANCING OF MAINTENANCE AND OPERATION COSTS - Current financing procedures for sewage pump stations are discnssed and a new policy providing for review and approval of new pump station installations is proposed, along with a new procedure t~,r financing maintenance and operation costs. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17491 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived. Councilmember Moore stated it was his understanding that the new funding process would not be an additional fee on individual property owners, but to the major property owners and developers. City Attorney Boogaard stated there would be a slight increase to every sewer user in the City of about 28 cents/month. Mayor Nader questioned if there would be an increase involved with the action being requested by Council. City Attorney Boogaard responded that Coancil may have to enact an increase in the future, but an increase was not being voted on at the current time. VOTE ON RESOLUTION 17491: approved 4-0-1 with Rindone absent. 16. REPORT CONCERNING THE CITYWIDE GRAFFITI ABATEMENT PROGRAM, A PROPOSED GRAFFITI EDUCATION PROGRAM AND A GRAFFITI, ADOPT-A-BLOCK PROGRAM - On 1/4/94 and 2/8/94, staff was directed to return to Council to address graffiti abatement activities currently conducted within the City. Start was instrncted to prepare a report outlining current enforcement of the Property Defacement Ordinance and provide applicable recommendations, if any, fur improved modifications to the Ordinance. C~un~i~als~instructedsta~to investigate thepotential for establishing an Adopt-A-Block or Adopt-A- Minutes May 17, 1994 Page 8 Community Graffiti Program and consider awards fur civic groups and/or schools which contributed to graffiti abatement programs or which were most successful in keeping their areas graffiti free. Staff recommends Council accept the report. (Director of Building and Housing) Continued from the meeting of 5/10/94. Brad Remp, Assistant Director of Building & Housing, reviewed the ol2jectives of the program and staff recommendations. Councilmember Moore did not feel the graffiti program would be solved with the same approach as taken on the drug program. The only way they could make a dift~rence with graffiti was to use the same peer pressure used for doing bad and make it for doing good. The young people needed to be invoIved to stop it. It needed to be the "carrot versus the stick" with the stick being the diversion program. They needed to ask the young people what type of activities they wanted. The City had some of the best recreation programs in the County and yet there was a good percentage of people not utilizing the programs, he t~lt they either did not like the supervision and/or the fee process. The proposed program would be costly and require additional staff time. Painting over paint would not win the battle as it did not get to the root source. Councilmember Fox questioned what other jurisdictions were doing and if they had programs the City could piggy- back on or if other cities would be interested in jeining Chnla Vista in a partnership. Mr. Remp stated the focus had not been in contacting neighboring .jurisdictions on the paint over paint issue. Their emphasis had been in contacting school districts and associations that went beyond the boundaries. If it was Council's desire to have staff contact the local jurisdictions and ask about shared resources staff would do that. Along the areas of communicating awareness and reaching out to the young people, that had taken on a much larger sphere than Chula Vista. Councilmember Fox stated he could not support the recommendation without another objective, i.e. an attempt to get a multi-jurisdictional attack on the problem. He wanted to knnw if there was already a management position similar to that recommended in the county, or if another jurisdiction wanted to become a partner in Chula Vista's efforts. He also felt the recommendations from staff was good, but Councilmember Moore's recommendation, i.e. to divert any savings of graffiti abatement monies to City youth activities such as Chula Vista Police Activity League would be an excellent compliment to the recommendations. He agreed that peer pressure was one of the only things that would solve the problem. He encouraged supportof rewarding the youth with activities that they would propose themselves through some type of youth advisory body. Councilmember Moore stated there was not enough funds to do both programs unless something else was cut. Anytime the City did something new, without new money. it meant that something else was stopped. He questioned whether the City still allocated funds to the South Bay Community Services diversion program. Mr. Remp responded that the City funded one-half of the graffiti coordinator. Mayor Nader questioned if staff was working on the murals program with the local artists in the community. Jess Valenzuela, Director of Parks & Recreation, responded staff had met with the school district and was trying to work on a coordinated program with Del Rey Schnol to coordinate a mural on the campus and then expand out to murals in the community. The school program was underway and he hoped to have something in place by fall for a mural program. Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA, representing INDWELLER, hoped to coordinate business representation in the development of programs lbr prevention of graffiti. Mayor Nader agreed the staff recommendations were fine, but more needed to be done. Councilmember Moore's recommendation to pledge savings from reductions in graffiti tbr youth programs should be done. A mechanism could be set up, such as the youth summit, to determine how those funds should be spent so the youth of the community would understand that they would determine how the funds would be spent and that they could generate up to several $100,000/year for youth programs in the City if they were snccessful in discouraging their peers from committing acts of vandalism. He also felt the tollowing should be added to the report: 1) the notice sent to property owners that had graffiti that needed to be removed shonld include an addition to the notice that informed the properly owner that if they wishedl the service conld be perthtreed tbr them for free of charge, either by City crews or community groups approved by the City, with a place lbr them to sign their consent and a waiver of liability, and if they signed the lbrm and returned it their obligation under the nuisance ordinance was discharged; Minutes May 17, 1994 Page 9 2) encourage the courts to adopt or make part of the City's legislative program that the City should compute the number of hours it would take to clean up all the graffiti in the City and compute the number of offenders apprehended the previous year and divide one by the other and ask the courts to have a policy in the following years that any person convicted of a graffiti offense would at a minimum be sentenced to that number of hours of community service to clean up graffiti; 3) establish a policy with the youth of the community and tell them the amount of money it was costing the City and that the City would compute the savings on the reduction of graffiti each year and commit to put that money into programs for the youth of community, through youth organizations; and 4) adopt a referral to the City Attorney regarding what authority the City, or a local court may have at the City's request, to impose some form of corporal punishment on repeat offenders under a City nuisance or misdemeanor vandalism ordinance with an eye toward providing a more meaningful and effective deterrent than there currently was. He would support a motion that included the staff recommendation and those four elements. Councilmember Moore stated if there was going to be poster contests, adopt-a-block, graffiti free week, education and training, awards and recognition, and signs the planning efli~rt would take a lot of someones time. That was a typical way for government to do something. There was not enough money to do the staff recommended program and what he was recommending. He had been pursuing the program for about two years. They needed to get the youth to make a commitment and have them in turn work with the taggers. An organization was needed to carry the program, staff was not the organization to do it. Hc l~lt the Police Activity League would be the proper organization. Councilmember Fox questioned if the City Attorney could offer preliminary advice regarding the referral on corporal punishment. City Attorney Boogaard stated staff woold have to look at th~ legal issues and report back to Council. Councilmember Fox stated his immediate reaction was of extreme concern and caution. He was not sure it was the appropriate role for municipal government to administer corporal punishment. He was also concemed that if the country, state, or city were to consider that ti~rm of punishment that it should be for a crime more appropriate, i.e. drug use or violent crimes. He would support the motion, with hesitancy, in order to obtain the City Attomey's opinion. Mayor Nader stated that under no circumstances would he envision that the penalty be administered by the City. It was clear that the current system was not working and that something else needed to be done. It was not th~ intent of his motion to lock in specifically "caning" but to explore some more Americanized equivalent that would inflict some temporary physical pain and would involve some public humiliation and discomfort. His intent was to support the staff recommendation as staff was not recommending the new staff position and therefore, it would not be included in the motion. H~ would bc agreeable to amending the reconunendation to remove the poster program, but felt the other suggestions were worth trying if staff could do it within the budget amount. MS (Nader/Fox) to approve the staff recmmnendation, minus the poster contest, and add the following elements: 1) direct staff to approach other jurisdictions in the region to ascertain their interest in pooling resources to accomplish some of the types of prugrams outlined in the recommendation; 2) amend the foran sent to property owners informing them of their obligations under the City's nuisance law to indicate, and provide a place for, waiving liability and granting consent to the City or an organization designated by the City to do the graffiti removal for them and ret~r to the City Attorney to come back to Council with an ordinance that would provide that the obligations of a private property owner, under the nuisance ordinance, could be discharged by granting permissinn to the City, or designated organization, and waiving liability for graffiti removal; 3) make it part of the City's legislative program and communicate the City's desire to the local courts that there be a provision that the number uf hours for which a graffiti offender was sentenced upon conviction be at least their share of what it would take to use the pool of graffiti offenders convicted within a year to do all staff hours necessary tu clean up all the graffiti in the City; 4) include a budgetary policy, using 1993/94 as a baseline year, that any saviugs achieved us a reduction in graffiti would be earmarked for youth activities and that the expeuditure of those funds would be determined in consultation with the Youth Commission, Police Activities League, and such uther youth representatives or organizations us staff could help to assemble in the coming year; and 5) refer to the City Attorney for advice on the Council's ability to provide ~r some form of public corporal punishment for repeat offenders in terms of graffiti and vandalism offenses. Councilmember Moore recommended that a member or' the Youth Commission be asked to serve on the Police Activities League. If the City was going to reallocate money they probably needed one activity, a non-profit entity. Minutes May 17, 1994 Page 10 He did not want to put pressure on the Police Activities League. Large numbers of the youth community needed to be invited and involved, the City would have to sell the program to them. He recommended Council direct staff to formulate a policy whereby all savings of the present graffiti eradication fund, that could be attributed to reduction in graffiti, be allocated to the City youth via an approved oversight activity, with specific organizations being asked to accept the challenge and the formation of subcommittees to assist them. Mayor Nader stated he did not have a prublem with the language and it was consistent with his intent. He would incorporate that into the motion as point #4, agreeuble tu the Second of the Motion. He suggested that the Youth Commission be asked to name a representative to the Police Activities League. VOTE ON NOTION: approved 3-0-2 with Hottun und Rindune absent. Mayor Nader felt an extra effort should be made to bring it to the attention of the student newspapers in the community as a means of helping to publicize what the City was trying to do in creating a new pool of City funds for new and additional youth programming over and above the current programs. Councilmember Moore stated stall' should work with the schools and their journalism classes. * * * Councilmember Hortun returned at 7:50 p.m. * * * 17. REPORT CAPITAL IMPROVEMENT PROJECT OVERVIEW - An oral report will be given by staff. City Manager Goss stated the proposed CIP bodget was $7.7 million. He then reviewed the projects completed, projects under construction, and proposed projects. Councilmember Moore referred to the street issue dealing with the relocation of the animal shelter and felt the area for the auto park should be opened as it was an area of income tbr the City. City Manager Goss stated staff would return with an information item regarding that issue. Councilmember Horton questioned when construction woold begin on the alleys. City Manager Goss responded that ifapproved in the bedget the design and construction would be done in 1994/95. He felt there was a clear policy issue tbr the Council to determine regarding the renovation of Otay Park. Staff and the Parks & Recreation Commission had recommended a large prqiect to rebuild the park and make improvements. The neighbors preferred the construction of gymnasium. Council needed to give direction as to whether they wanted to advance toward building a ti~cility initially or rebuild the park. Another policy choice would be regarding the funding for such a facility. Mayor Nader requested a supplemental budget memo regarding alternative funding sources for moving forward with the gymnasium for Otay Park. The Parks & Recreation Commission should also receive a copy. City Manager Goss felt staff should also lay out the issues involved. Councilmember Fox questioned the recommended funding for the Eastern Aquatic Complex City Manager Goss responded that Council's commitment was fbr $100,000, half block grant funds and half PAD fees. The City did not have the $50,000 in PAD fimds. but PAD money would be available in 1995/96 and subsequent years to meet that commitment. Representatives from the YMCA recommended that $250,000 be given up front in a Section 108 loan. He did not see a problem with that and it would be before Council during the CDBG item next week. Councilmember Fox requested that the issue be addressed in a staff report. He was concerned that if the City reduced their request and only gave the YMCA $50,000 it would severely impact their time table. He wanted to see the options presented in a report. Mayor Nader questioned whether it would be possible to do a City version of the Section 108 loan program using future PAD funds as the security for a loan guarantee. Minutes May 17, 1994 Page 11 City Manager Goss responded that he was uncertain the City could borrow against future PAD revenues and what the security would be. 18. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. · Gretchen Brewer, 7648 1/2 La Jolla Boulevard, La Jolla, CA, representing Urban Ore, Inc., gave a presentation on the serial MRF concept versus the traditional type of transfer station. She stated that Urban Ore was communicating with BVA as requested. She l~lt Council should consider: 1) not committing the City's entire wastestream to disposal, but keep the door open tbr recovery; and 2) avoid a "put or pay" contract with a disposal company. Councilmember Moore questioned if someone was starting new how they could find a funding source without a guarantee, i.e. tons of trash. Ms. Brewer responded there was a fee tbr the dregs that arrived at the transfer station and a lesser fee or no fee for recyclables and recoverables. in Berkeley, they were accepting materials from outside their area. The City should not close their options tbr the next twenty years. Mayor Nader questioned whether Berkeley had a franchisee handling trash. He further questioned whether it would make any difference to the system she had outlined if there was a private franchisee that had a multi-year contract already in force for trash collection. Ms. Brewer responded that they had municipal curb-side service li:,r trash and a contracted, non-profit, for curb-side recycling collection. She t~lt it would make a difference if the franchisee was guaranteed a certain amount of material. The language of the franchise would have to be reviewed regarding "refuse". City Attorney Boogaard stated the City had only franchised curb-side collection recyclables so that if a homeowner wished to bring his own recyclables it was exempt from the franchise ordinance. Mayor Nader questioned if the garbage transfer station should be located next, or in close proximity, to the serial MRF. Ms. Brewer responded that was correct. Mayor Nader questioned whether Urban Ore, lnc, did conventional garbage transfer. He felt it would make sense to package it all together in some type of consortium with a firm such as Urban Ore and a firm that did a more conventional transfer disposal facility. Ms. Brewer responded that was exactly th~ way Berkeley developed their facility. · Linda Froeschle, Whitmore & Assoc. Architects presented a prototype of a serial material recovery facility that was designed for Chula Vista. Councilmember Horton questioned if there was another park similar to the design presented in existence. Ms. Froeschle responded that the prototype was scaled back in Sonoma County. Urban Ore, Inc. had designed facilities in West Virginia. Ms. Brewer stated the West Virginia facilities were generic models in design which were presented to the Solid Waste Board in anticipation that they would be implemented throughout the State. There were similar facilities in concept as to what had been described. Councilmember Horton questioned if they were privately owned if one developer would sublease to different proprietors. Ms. Brewer stated they had not gotten into the ownership aspect, they wanted to leave that somewhat flexible. It could be privately owned and leased to various non-profits and for-profits. Minutes May 17, 1994 Page 12 Mayor Nader questioned whether there was a specific site fi~r the pr¢~ject within Chula Vista. Ms. Froeschle responded the original site had a composting facility on a twenty acre parcel. Once they got to the first stage of doing an environmental assessment the owner of the preperty stopped the project. Mayor Nader questioned if the owner of the site was interested in such a facility. · Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA, representing INDWELLER, stated the ramifications of ownership in the property also ran over into the liability implications. Therefore, the owner would prefer to sell the property. The site currently had a CA redemption center facility along with an auto recycling facility. Mayor Nader stated he hoped staff was looking at incorporating such a concept into the program the City ultimately adopted if the County did not radically change their direction. Ms. Brewer stated Urban Ore, Inc., Whitmore & Assoc., and INDWELLER would be working as a team, i.e. the design work and conceptual side to implement a serial MRF. Urban Ore did not operate serial MRF's and would probably do all the financial analysis and negotiations with the wastehauler with Whitmore doing the design. Mayor Nader questioned whether Urban Ore, Inc. had submitted a proposal in response to the RFP. Ms. Brewer responded that they did not. Mayor Nader suggested, whether as a response to the RFP or some separate proposal, they present information on specifically who would be responsible for what aspect of the program l'¥om design all the way to operation and the track record of those involved. 19. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will be given by staff. Mayor Nader stated he sent a letter to Mayor Golding and San Diego Councilmembers in response to a staff recommendation to the San Diego Council regarding a weighted vote tbr the Sewage District and the MOU that the City had already objected to. He indicated that Chula Vista could not sign the MOU unless certain issues were not satisfactorily resolved and if that was not the case, and the time lbr deciding whether to stay in the District or leave was not extended without penalty, he would be recommending to Council that they pass a resolution to withdraw. John Lippitt, Director of Public Works, responded that the San Diego City Council did hear the item and adopted the staff report. They directed staff to notice all participating agencies of action taken; participating agencies were to notify the City of San Diego by 6/3/94 of their decision regarding membership; and on 6/6/94 the San Diego City Council would consider the weighted vote. They were saying they woald defer the weighted vote issue until later in June. Councilmember Moore referred to page 2, #9, which directed the City Manager to "immediately notify and advise all participating agencies in writing of the policy positions of the San Diego City Council and ask that they advise the San Diego City Council by 6/20/94 in writing whether they will remain a member of the District under the terms and conditions enumerated above". He questioned whether that had been done in writing, Mr. Lippitt stated they had passed the staff recommendation, the meeting had been held earlier in the day. Mayor Nader stated he had asked staff to docket the item [br the 6/7/94 meeting. He felt the meat of the issue was not that they took action, but that they did so under the guise of democratizing the District when in fact there was no democracy at all, they were making unilateral decisions. Councilmember Moore stated he would be looking fbr the City Manager's comments on items 4 and 5. He felt the information should be presented to Council one week prior to the 6/7/94 meeting. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 10. The minutes will reflect the published agenda order. Minutes May 17, 1994 Page 13 OTHER BUSINESS 20. CITY MANAGER'S REPORT(SI 20a. Scheduling of meetings. City Manager Goss reminded Council there would be budget workshops in the Council Conference Room on 5/23/94 from 6:00 - 9:00 p.m. and 5/26/94 from 4:00 - 6:00 p.m.. 20b. City Manager Goss informed Council that the Festival of the Sun would be held on Saturday in Memorial Park from noon to 5:00 p.m. 21. MAYOR'S REPORT(S) 21a. Ratification of reappointments: Dorathea Grindle - Commission on Aging; and, Elizabeth Stillwagon - Child Care Commission. MSC (Nader/Horton) to approve the ratificution of reappointments of Dorathea Grindle to the Commission on Aging and Elizabeth Stillwagon to tfie Child Care Commission. Approved 4-0-1 with Rindone absent. 21b. Mayor Nader stated he had been contacted by a constituent regarding the fee charged for City Council minutes. He questioned whether that was the current practice and if it would be the practice regarding their ability to pay or any disability. He requested that "Consideration of a waiver for lack of ability to pay or disability for Council minutes" be placed under his cmnments oo the next agenda. 22. COUNCIL COMMENTS Councilmember Horton 22a. Recommendation tbr Council appointment to the San Diego Technology Council. Councilmember Horton requested that the item be continued to the meeting of 5/26/94 due to the need lbr further information. Councilmember Fox 22b. Regional Open Space and Park District. Continued from the meeting of 5/10/94. Councilmember Fox stated Council had been given an update on the Regional Open Space and Park District as proposed by the County. It was on hold at the current time as the County had not called a meeting and were waiting for responses from the various city managers. Mayor Nader questioned if there was any suggestions l~.~r financing mechanisms other than a parcel tax. Jess Valenzuela, Director of Parks & Recreation, responded that the only thing he had heard was the CA Wildlife & Park initiative. Other mechanisms had not been discussed. The County was also considering pursuing the parcel tax on their own. They wanted to assess the various cities in the County tbr regional park improvements and expansion with the nexus being that residents within a certain area utilized regional parks as well. City Manager Goss stated the Managers group was concerned that there were three or four parcel taxes being discussed. Councilmember Moore 22c. Councilmember Moore stated he was the Council representative on SourcePoint which was a financially independent organization within SANDAG that worked with public/private entities. He felt the Council and key staff members should have a briefing by the SourcePoint director. He requested that the City Manager follow _, through with the presentation. Minutes May 17, 1994 Page 14 Ite~n off agenda: City Attorney Boogaard stated the booking fees issue needed to be discussed as an urgency item due to the receipt of information after the posting of the agenda. MSC (Nader/Moore) to hear the settlement nf the booking fees as un urgency item upon the recommendation of the City Attorney. Approved 4-0-1 with Rindone absent. City Attorney Boogaard stated it was a technical correction in the resolution. He had informed Council at the last meeting that Council needed to pay the booking fees and that Council had previously appropriated $400,000 and, therefore, only needed to appropriate the balance. It turned out that Council only reserved the $400,000 and did not appropriate the expenditure and, therefore, required a technical correction to appropriate the $800,000 for the period of 4/1/91 and 12/31/93 and the additional $200,000 fi~r the period of 1/1/94 and 6/30/94. Resolution 17480 would be amended to appropriate $ 1,013,459 to cover the expenses from 4/1/91 through 6/30194. MSC (Moore/Horton) to approve the staff recommendation, to amend resolution 17480 to appropriate $1,013,459 to cover the expenses frum 4/1/91 through 6/30/94. Apprnved 4-0-1 with Rindone absent. CLOSED SESSION City Attorney Boogaard stated the Abtech litigation needed to be added to closed session due to a late breaking settlement. MSC (Nader/Horton) to add the Abtech litigation to closed session ns an urgency item due to late breaking settlement information. Approved 4-0-1 with Rindone absent. City Attorney Boogaard stated he would delete the Hummel case l~rmn Closed Session. * * * Council recessed at 10:34 p.m. and reconvened in closed session at 10:45 p.m. * * * 23. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · Perez vs. the City of Chula Vista 2. Anticipated litigation pursuant to G~vermnent Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Unknown number of claims. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 · Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Avenue, Chula Vista, California. Negotiating parties: Richard Hall/Hall Company, Community Development, and the City Attorney's office. Under negotiation: Purchase price and terms of payment. 24. REPORT OF ACTIONS TAKEN IN CLOSED SESSION Council reeonvened in open session at 12:18 - no report was given. Minutes May 17, 1994 Page 15 ADJOURNMENT ADJOURNMENT AT 12:20 A.M. to a Budget Meeting/Workshop on Monday, May 23, 1994 at 6:00 p.m. in the Council Conference Room and then to the Regular City Council Meeting on May 24, 1994 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency convened at 10:34 p.m. and met in closed session at 10:45 p.m. and adjourned at 12:20 a.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk cki"~) SOderqui;t, Deputy4City erk