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HomeMy WebLinkAboutcc min 1990/09/11 MINUTES OF A REGULAR MEETING OF THE CITY OF CI-flJLA VISTA Tuesday, September 11, 1990 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers McCandliss, Moore, Nader, and Mayor Cox ABSENT: Councilman Malcolm ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF AIJ.I~GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MIIqLrFES: August 28, 1990 MS OMcCandliss/Moore) to approve the minutes of 8/28/90. Councilman Nader stated the motion on page 2, regarding Mr. McNuV:'s letter, should have included that in the letter to Imperial Beach and National City, the cities be informed that skunks and possums would not be accepted by the Chula Vista animal shelter and that they should be turned over to the proper agency or contractor for disposal. VOTE ON MOTION: approved, as amended, 4-0-1 with Councilman Malcolm absent. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the Weeks of September 16 through October 7, 1990 as 'COASTWEEKS' - The proclamation declaring the weeks of September 16 through October 7, 1990 as "COASTWEEKS" was presented by Mayor Cox to Dr. Stephen Neudecker, Director of the Nature lnterpretive Center. b. Proclaiming the Month of September 1990 as 'UNITED WAY/CHAD MONTH' - The proclamation declaring the month of September 1990 as "United Way/CHAD Month" was be presented by Mayor Cox to Mr. Alien Baytop, Associate Campaign Director of United Way/CHAD, City Manager Goss commended Chief Bill Winters and Ken Larson as Chairmen of the local City campaign. He also expressed his appreciation to all the employees that donated to the program. c. Commending the Students of the Traditional Karate Center - Proclamations were presented to Julio Martinez, Jackie Armstrong, and Alfonso Gomez (instructors), Juan Andratti and Ceasar Laborin (team coaches), Alma Andratti and Christine Morrison (team mores), and Ceasar Laborin, Rafael Hernandez, Jason Morrison, Edgar Andratti, Barbara Andratti, Alma Andratti, Joseph Morrison, Randy Rubio, and Juan Pablo MarLinez. d. Retiring Board and Commission Member Resolutions Planning Commission: William S. Cannon and Thomas L. Shipe Minutes September ll, 1990 Page 2 Otay Valley Road Project Area Committee: Don Heye and Dr. Guy Lichty Town Centre Project Area Committee: Phil Creaser, Tom Huntington, Stanley Glenn Human Relations Commission: Frank A. Tarantino Commission on Aging: Margaret Helton Design Review Committee: Kevin O'Neill International Friendship Commission: Doris Cox and Eric Money-Penny Safety Commission: Laveme Decker Library Board of Tnastees: Rodger Lindsay and William McBreen Mayor Cox stated the Resolutions would be presented at the annual Boards and Commissions Banquet to be held on Thursday evening. RESOLUTIONS OFFERED BY MAYOR COX, reading of the text was waived, passed and approved unanimously. e. Oath of Office - Safety Commission: Joseph I. Matacia Oath of office given to Joseph I. Matacia given by City Clerk Authelet. f. Presentation regarding the Clean Water Program - Mr. Bailey stated the mission of the Clean Water Program was to provide the public with a safe and efficient regional sewer system that protects the ocean water quality, supplements the limited water supply, and meets federal standards at the lowest possible cost. A brief presentation was given on the Facilities Plan, Alternative Four, why they are doing this, the outreach program, and the status of the environmental impact reports. The Project Report was started on May 18th, The Financial Plan and Revenue Program on May 31st, and the environmental impact report on August 15th. It is anticipated that the public hearing will be in October with final adoption by the City of San Diego in J December, 1990. Mayor Cox stated that there was renewed interest in secondary treatment and felt it could be a more viable option. Mr. Bailey responded that there was flexibility incorporated in Alternative Four. Conversion of the Point Loma plant is last in the program, so there would be time between now and 1999 to make those decisions. The south bay plant (secondary and reclamation) is scheduled to come on line by the end of 1998. Mayor Cox questioned the time frame if a waiver was sought. He also questioned the status of the report from the consultant hired by the City to review the options available to Chula Vista. Mr. Bailey responded that if the waiver process was started now, it would take approximately one year to compile the request and with the EPA response time, he felt it could be three to five years. City Manager Goss stated it was not clear that they had the authority to request a waiver. Also at issue are damages which still have to be litigated. Staff has received a draft of the report by the City's consultant and are currently evaluating whether Chula Vista or any other city should look at their ability to withdraw from the program and do it's own program. The draft report has been submitted other agencies, i.e. County, Clean Water Program, Imperial Beach, and National City for their input. He anticipated having the final report to Council by next month. Mayor Cox questioned what the impact would .be on the ability to move forward on Metro or on the Clean Water Program if the City withdrew from MetTo predicated upon the report. ": J Minutes September 11, 1990 Page 3 Mr. Bailey replied that the management of the Clean Water Program has stated that if a city wants to go on their own, it's their decision. He felt that if there was an efficient and less expensive way of doing this, the cities should do so. City Manager Goss noted that Chula Vista is one of two cities with excess capacity and it has yet to be decided how this would be worked out financially. Councilwoman McCandliss felt there should be a chart reflecting payments, financing tools available, etc. She also felt the costs to the individual rate payer should be discussed up front and hoped that information would be addressed in the consultants report to Counc~. Mr. Martinez then gave a brief presentation regarding the costs identified at this time. Approximately 29% of the Clean Water costs are for expansion. Based on the current contracted capacity, allocating the total costs of the program, Chula Vista's fair share would be $159.5 million, which are inflated dollars associated with upgrading 234 only. The period covered is from now to 2003, at which time Point Loma will be at full secondary treatment. An extensive analysis regarding impact upon local users has not been done but is expected in the future. City Manager Goss stated the City's rates are currently lower than those of the City of San Diego. He has encouraged recommendations for increasing the Citys rates in step with the City of San Diego in an attempt to stay below their rates, and at the same time building reserves to start meeting anticipated costs. Councilman Nader expressed his concern over the expenditure of $1.9 billion for a system that may not help the environment, especially in an area with so many unmet needs. He felt before taxing the citizens for the system, it should be proven that the project is environmentally needed. He also questioned why the citizens of Chula Vista should pay for growth management failures of other cities. The issues of treatment upgrade and expansion should be kept separate. Mr. Bailey stated there would be three public hearings for the environmental impact reports. The first will be held on October 2nd in the North City area, October 4th in Mission Valley, and October 9th in National City at 9:00 a.m. Councilman Nader questioned whether the City of San Diego incorporated water conservation measures into the system to reduce the need for expansion. Mr. Bailey responded that the City of San Diego had not adopted formal conservation measures at this point. Councilman Moore felt the staff should review the information presented with key information being highlighted for Council. CONSENT CAI.ENDAR (Items pulled: 5a and 5b) BALANCE OF THE CONSENT CAI .RNDAR OP't'EIED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilman MalcoLm absent 5. WPd I IF.N COMMUNICATIONS: a. Request support and sponsorship to join 'Up With People* - Jonathon D. Rehlander, 1338 Valencia Loop, Chula Vista. Recommended that the letter be acknowledged and the Mayor and each member of the Minutes September 11, 1990 Page 4 City Council do what they feel is appropriate in assisting this young man in his efforts. Pulled from Consent Calendar Councilman Nader agreed with the staff recommendation but expressed his concern regarding the consistency of the policy regarding this type of request. City Manager Goss responded there was an exception to the policy if there was a 'return benefit to the city". The informal policy is to request individual assistance from Councilmembers. Councilman Nader requested that staff contact the authors of the letters for 5a and 5b to find out where contributions could be sent and have the addresses shown during the next televised Council meeting. It had been Council's practice in the past to give out information on the air as to where donations could be sent or information obtained. He felt it would be appropriate if Council felt there would be a benefit to the city (tangible or intangible). Councilwoman McCandliss responded that the requests received by Council were unusual and exceptional by nature and she felt the practice should be continued. If there is an influx of requests, Council can deal with it at that time. Mayor Cox felt the reason the number of requests were limited was due to the existing Council policy. He felt anyone interested could contact the Mayor/Council secretary to obtain any information needed. He did not feel it would be appropriate to air this information during the Council meetings. Councilman Moore felt this was only a small portion of those needing assistance to help fund worthy projects. Councilman Nader stated that if his motion failed, Council should adopt a policy regarding free air time. Many requests are in the form of presentations to the Council. MS (NaderAVlcCandliss) to add to staff recommendafon that staff contact the authors of the letters in 5a and 5b and obtain information as to where donations could be sent, with Council providing the information next week. Mayor Cox stated he would not vote for the motion as he felt it would set a precedent. He stated he received numerous requests each week for assistance. He added that citizens could also appear before Council under "Oral Communications" in which they would be heard by Council and receive air time. SUBSTITUTE MOTION: CMoore/Cox) policy be set that if this type of request is received, staff contact the authors and advise them to appear before Council under 'Oral Communications'. /'~d q/ Councilwoman McCandliss felt if this was added to the policy it would accomplish what they were trying to do. She questioned why some of the letters appear on the agenda and some don't. A handout telling of the policy could be mailed to those submitting requests. Councilman Moore questioned whether the policy should be for Chula Vista residents. He stated he would nor vote for time on the air. VOTE ON SLIBSTITLrI'E MOTION: Approved 3-1-1 with CounCilman Nader voting no and Councilman Malcolm absent. Minutes September 11, 1990 Page 5 MF CNader) refer to staff the question of what the policy should be regarding presentations under 'Special Orders of the Day'. Motion died for lack of second. b. Request support and sponsorship for scholarship funds to the '1990 National Young Leaders Conference' - Silvia Yabuta, 1691 Melrose Avenue, Apt. G, Chula Vista. Recommended that Ms. Yabuta's request also be denied, but that the City Council encourage the news media to assist her in whatever way they can in helping her generate the necessary funds so she can participate in this worthwhile conference. Pulled from Consent Calendar. /'/,~ ~ ~ c. Request to hold weekly Arts and Crafts show at '.r' S~reet Park - Mrs. Jean Rose, 832 Cinnamon Court, Chula Vista, California 92010. Recommended that the City Council refer this matter back to staff in order to offer staff the opportunity to discuss some of the details more thoroughly with the interested individuals and report back to the City Council in the near future. Mayor Cox noted the location was on Port property. t~2 $_n 6. ORDINANCE 2395 REDESIGNATING THE PSI SITE pARCR. L FROM M-52 TO C-C-P (PCZ-88d- [M]) (second readinN and adovtion) - Community Development Director and City Attorney) /,~,~ ~ 7. RESOLUTION 15832 APPROVING REALLOCATION OF PROGRAM INCOME FROM HOUSING REHABILITATION TO THE PARK DEVELOPMENT AT ORANGE AND FOURTH AVENUES - During 1989-90, the City funded the CHIP housing rehabilitation program almost exclusively with Redevelopment funds rather than CDBG funds. For 1990-91, Redevelopment funds are adequate to continue the CHIP program at the current level of activity. The balance of approximately $235,000 in the CDBG Housing Rehabilitation account can be reprogrammed for other CDBG-eligible activities. Staff recommends approval of the resolution. (Director of Community Developmen0 Continued from 9/4/90 meeting. 4/5's Vote Required /~,:, ~'~' 8. RESOLUTION 15848 APPROVING FIRST AMENDMENT TO THE CITXr-WIDE STREET S'WEEPING AGREEMF2qT EXTFANDING SAME FOR ONE ADDITIONAL YEAR, AND APPROPRIATING ADD ITI ONAL FUNDS FOR SAME - The existing street sweeping contract with Laidlaw permits two, one year extensions dependent on satisfactory negotiation of price. This resolution extends the contract for one year and appropriates the necessary additional funds. Staff recommends approval of the resolution and appropriation of necessary funds, (Director of Public Works) 9. REPORT REQUEST FROM BONITA BUSINESS AND PROFESSIONAL ASSOQATION TO CONDUCT BONITAFEST - The Bonitafest Committee and its sponsoring organization, the Bonita Business and Professional Association, is requesting permission to conduct the 18th Annual Bonitafest on October 13, 1990. StaffrecommendsthatCouncilapprovetherequestsubjecttostaffconditions. (Director ofParks and Recreation) /~'~ 7 * * END OF CONSENT CALENDAR * * PUBLIC HFdkPdNGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING TO CONSIDER AWARD OF A CABLE TELEVISION FRANCHISE TO JONES I1WERCABLE, INC. - On September 5, 1990, Jones Intercable withdrew their application for a cable television Minutes September 11, 1990 Page 6 franchise. Staff recommends Council close the public hearing and file the franchise application from Jones Intercable. CDirector of Finance) Continued from 8/21/90 /~.~48 This being the time and place as advertised, the public hearing was declared open. Councilwoman McCandliss felt it was unfortunate that the application would not go through the completion of the process. She felt the outstanding questions were viable and she would have liked to have them answered. There being no public testimony, the public hearing was declared closed. MSC Chlader, rMoore) to accept staff recommendation and accept the withdrawal of application for a cable television franchise by Jones Intercable. Approved 4-0-1 with Councilman Malcolm absent. OTHER BUSINESS 11. ORAL CO/vlMUNICATIONS John Clark, 2501 Faivre Street, Chula Vista, California, representing J. C. Towing Inc., stated he was under the impression that the towing contract would be on the agenda tonight. He presented the Council with a written presentation. Sid Morris, Deputy City Manager, responded that the towing issue would be on the agenda within the next several weeks and staff would contact Mr. Clark regarding the specific date. 12. ITEMS PUI.I.RB FROM THE CONSENT CALF..NDAR (Items pulled: 5a and 5b) The minutes will reflect the published agenda order. 13. CITY MANAGER'S REPORT(S) - None. 14. MAYOR'S REPORT(S) a. Designation of Voting Delegate and Alternate for League of California Cities Annual Conference, October 21-24. MSC (Moore/Cox) to designate Councilman Nader as the delegate and Mayor Cox as alternate. Approved 4-0-1 with Councilman Malcolm absent. b. Announced that Joanne Carson, a teacher a Castle Park Middle School, had been named teacher of the year for 1990-91 for the Sweetwater Union High School District. c. Stated he had requested suggestions for names for the facility to be built on Fourth and Orange Avenue. The intent of his motion was to solicit names for the erxtire complex, not just the library. d. Distributed an initial draft of the Regional Planning and Growth Management Review Board report ", regarding the quality of life thresholds established by the SANDAG committee. Minutes September 3,1, 3,990 Page 7 15. COUNCIL COMMENTS a, Councilman Nader: I. Referenced correspondence received regarding "boom boxes". MS (NaderAMcCandliss) request a repor~ from staff concerning noise enforcement regarding 'boom boxes'. Councilwoman McCandliss responded she had given staff a referral months ago regarding this issue. She felt it was time to move forward with stronger implementation. VOTE ON MOTION: Approved 4-O-1 with Councilman Malcolm absent. lI. Questioned whether further action would be taken on the last sewer rate increase. City Manager Goss responded that no further action would be taken with that rate increase. Councilman Nader requested that the issue of the sewer rate increase be placed under his comments on the next agenda. II1. Report on latest SANDAG position to the bi-national airport and possible related use of taxpayers funds to support lobbying efforts. /q~ / Councilman Nader stated he did not have a problem with another entity going to Mexico to discuss the bi- national airport. He did feel that a strong response should be sent to SANDAG informing them that the Council does not feel that lobbying the bi-national airport is an appropriate use of their funds. MS (NaderAMcCandliss) to send a letter to SANDAG expressing strong opposition to expenditure of funds for any purpose related to lobbying for a bi-national airport. Councilman Moore questioned whether Councilman Nader was referring to SANDAG membership funds or FAA funds. Councilman Nader responded that if FAA funds were being utilized for lobbying, he would want letters sent to the state and federal representatives expressing the City's opposition. Councilwoman McCandliss noted that the City of San Diego is now looking at moving cargo operations to Brown Field. VOTE ON MOTION: Approved 4-0-1 with Councilman Malcolm absent, b. Councilwoman McCandliss: 1. Referenced a newspaper article which ranked Chula Vista as being one of the highest cities nationally for stolen vehicles. She would like to refer to staff for a report on: 1) what efforts are being taken to deal with the large number of stolen cars in the city, 2) what could be done in addition to that and what staffing would be required, and 3) the weekly report is to break out the number of vehicles stolen in Chula Vista and the number of vehicles recovered (those stolen in Chula Vista), Minutes September ll, 1990 Page 8 ADJOURNMENT The meeting adjourned to a Redevelopment Agency meeting at 8:03 p.m. ro discuss: 1. ROIL CALL: PRESENT: Members McCandliss, Moore, Nader, and Chairman Cox ABSENT: Member Malcolm ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Beverly A. Authelet, City Clerk 2. RESOLUTION 1114 APPROVING CONTRACT AMENDMENT FOR REDEVELOpMENT SERVICES WITH RSG INC., AND APPROVING EXPENDITURE OF $25,000 FOR ADDITIONAL SERVICES - Continued from meeting of 9/6/90 meeting. RESOLUTION 1114 OFFERED BY MAYOR COX, reading of the text was waived. Member Nader stated he would abstain on the resolution because him home adjoins a piece of property in the redevelopment area. VOTE ON RESOLUTION: passed and approved 3-0-1-1 with Member Nader abstaining and Member Malcolm absent. 3. REPORT PROPOSAL FOR DEVELOPMENT OF FORMER WINDMILL SITE - Continued from 9/6/90 meeting. Mayor Cox stated that Member Malcolm had requested that the item be continued due to his absence at a Coastal Commission meeting. MSC CMoore/McCandliss) m continue the report to the meeting of Tuesday, September 18, 1990. Approved 4-0-1 with Member Malcolm absent. 4. RESOLUTION IllS APPROVING AGREEMENT FOR PURCHASE OF THE SH1NOHARA PROPERTY AT 4705 OTAY VAI.I.RY ROAD, ALrFHORIZING THE CHAIRMAN TO EXECUTE SAID AGREEMENT ON BEHALF OF THE AGENCY, APPROPRIATING FUNDS THEREFOR Agency Attorney Boogaard stated due to the Rule of Necessity, Member Nader could participate in the discussion because the offer by the Shinohara's would collapse if action was not taken. He felt the matter an emergency and stated the item required four votes due to a necessary appropriation. The Redevelopment Agency met in a closed session from 8:10 to 9:17 p.m. to discuss: Potential acquisition of properly pursuant to Governmen't Code Section 54956.8 - 4705 Otay Valley Road (Jimmie and Judi Shinohara, owners) The Agency reconvened at 9:17 p.m. to take action: Minutes September 11, 1990 Page 9 Agency Attorney Boogaard requested that the Agency bifurcate the appropriation from the resolution so that Member Nader could vote, as four votes were required. Due to a possible conflict of interest, Member Nader would not vote on the bifurcated agreement portion of the resolution. RESOLUTION 11 1S OIv/ERED BY CHAIRMAN COX, reading of the text was waived. Resolution is to be bifurcated with first vote on the last paragraph of the Resolution dealing with the appropriating of funds. Vote on Resolution 1115 - Appropriations: approved 4-0-1 with Member Malcolm absent. VOTE ON RESOLUTION 1115 - Agreement: approved 3-0-1-1 with Member Malcolm absent and Member Nader abstaining. Chris Salomone, Director of Community Development, informed Council that staff would be meeting with the auto dealers immediately with weekly and bi-weeldy reports to the Agency. Member McCandliss referred to problems in the past and felt the public needed to be notified during the process. She noted that if the negotiations did not go through with the auto dealers, there were other uses available for the property. Agency Attorney Boogaard stated the contract allows the Agency to retain ies full discretion to review, not just the project, but the environmental consequences of the project and several other discretions which are required by law ro be retained. It is clearly set forth in the documentation that the Agency is not making any commitment to any one end in the agreement. 5. ORAL COMMUNICATIONS - None. 6. DIRECTOR'S REPORT - None. 7. CHAIRMAleS REPORT - None. 8. MEMBER'S REPORTS - None. ADJOURNMENT AT 9:25 P.M. to the Regular City Council Meeting on September 18, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: .,! x~,,' ' ' ;f,. ;~.!. ..~ ,*" ' Vicki C. Soderquist, Deputy City Clerk