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HomeMy WebLinkAboutcc min 1991/05/07 MINUTES OF A REGULAR MEIfllNG OF THE UiY OF CHULA VISTA Tuesday, May 7, 1991 Counc~ Chambers 4:07 p.m. Public Services Building C~ .LRB TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Nader, Rindone, and Mayor Pro Tempore Moore ABSENT: Couneflmember Malcolm (attending Coastal Commission meeting) ALSO PRESENT; John D, Goss, City Manager; Bruce M, Boogaard, City Attorney; and Beverly A, Authelet, City Clerk 2. pLPr~aE OF _~ J-PGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: April 23 & 25, 1991 Councilman Rindone requested that the minutes of April 25, 1991 be trailed as he was not in attendance at the meeting. MSC (Nader/Moore) to approve the minutes of April :13, 1991 as presented and trail the minutes of April 25, 1991 to the next meeing. Approved 3-0-1 with Countflman Malcolm absenlL 4. SPECIAL ORDERS OF THE DAY: a. Prodalmlng the month of May 1991 as "Older Americans Month" - Proclamation presented by Counc~man Nader to Helen Stokes, Vice Chair of Chula Vista's Commission on Aging. b. prodniming Tuesday, May 7, 1991, as *Cent~n3rian Day' - Proclamations presented by Councilman Nader to: Mr. Stevens and Ms. Anita Arisenson. e. ProdnlmingtheweekofMay6throughMay12,1991as'CleauAirWeek*-Proclamationpresented by Councilman Nader to Athena Bradley, Conservation Coordinator for the City of Chula Vista. CONSENT C,~I -I~iDAR (Items pulled: 5e and 8) BALANCE OF CONSENT CALENDAR, AS AMENDED, OFFIa~ED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved 3-0-1 with C, OUDnlmnn [/[aleoirn 5. WRI'i'I~'q COMMUNICATIONS: a. Letter of Resignation from Clffid Care Commission - Frances S. Larson. It is recommended that Ms. Larson's resignation be accepted with regret and a letter of appreciation be sent. b. Letter requesting Continued F-nforcen~ent of Sign Abatement Prograin - Tom Davies, Chairman, Broadway Business Association. It is recommended that the request be filed. Minutes May 7, 1991 Page 2 c. Letter requesting $2,500 fee be waived f~r processing an amandmant to the General Plan for honleowller, Cyllthla Wfl]i~m~# 114 Third Avenue, Cllula Vista - Wanda Eaton, Eaton Development Co., Inc. It is recommended that the request be referred to staff for review. Pulled from the Consent Calendar. MSC (Moore/Nader) to reconsider the item due to requesls from the audience to spe~l~ Approved 3-0- "ll~ Cotmeilman Malcolzn absenL Cynthia Williems, 114 Third Avenue, Chula Vista, C.~ requested that Council waive the $2,500 fee. The area is a high density area and one that she had been told would be included in a special study which would begin in April. The study had not been star~ed and she felt if the waiver was not granted it would result :in a hardship and loss of equity. Wanda Eaton, Eaton Development Co., Inc., representing Cynthia William.s, requested the waiver of the $2,500 fee and felt if the waiver was not granted it would result in a hardship and loss of equity. She requested that the request be brought back within two Ck*y Manager Goss informed Council that there had not been sufficient time to research the issue and .referred back to staff a repott would be brought back to Council and the applicant. Councflman Nader stated that Council had been told for the last one and one-half years that a study would be done on the properties in Chula Vista with such a conflict and he questioned where the study was. City Manager Goss replied that the Planning Director was not in attendance to respond to his inquiry. M (Nader) to.refar the request back to staff wirh a report back to Council in two weeks. Motion died for lack of second. :Councilman Rindone did not feel a motion was necessary as staff had indicated that they would bring a · ~eport back to Council as soon as possible. Mayor Pro Tempore Moore requested that if staff was unable to bring the report back within two weeks that 'Council be notified of the delay. -MSC (Moore/Nader) to approve the staff recommendation. Approved 3-0-1 with Councilman Malcolm absent. ~d. Letter regarding a major safety problem in the Point Robinhood neighborhood - Jean Adems, 1547 ~Point Hueneme Court, Chula Vista, CA 91911. It is recommended that the letter be referred to the Safety ~'Commission and Traffic Engineering for study and report back to Council. 6. ORDINANCE 2447 ADDING CHAPTER 2.40 TO ~ CHULA VISTA MUNICIPAL CODE · RELATING TO CREATION OF THE GROWTH MANAGEMF2~ OVF. J1SIGHT COMMISSION fsecond reading ~'and adontion} Staff recommends Council place ordinance on second reading and adoption. CCity Attorney) :7. ORDINANCE 2454 AMENDING ~ 9.20 TO pRIMARILY TO PRECLUDE SALE OR ,POSSESSION OF FELT TIP MARKERS BY MINORS, AND TO (3-IANGE THE DESIGNATION OF GRAFI'ITI- T'/PE CRIMES FROM INFRACTIONS TO EITHER INFRACTIONS OR MISDEMEANORS {second readin~ and .adoptio~l) Staff recommends Council place ordinance on second reading and adoption. (City Attorney) Minutes May 7, 1991 Page 3 8. ORDINAN(I 2451 ADDING CHAFI'FI 2.31 AND AMENDING ~ 9.50 OF THE CHULA VISTA MUNICIPAL CODE I~RIATING TO MOBHE HOME PARKS RENT REVIEW COMMISSION (second reading and adoption) - At the present lime, the City has a rant arbitration ordinance which provides mechanism for park residants to appeal a rant increase when the increase exceeds the percentage Lucreas, of the Consumer Price Index for any twelve month period. The recom manded Municipal Code change. address issues relating to the efficacy of the ordinance. Staff recommends Counc~ place ordinance on second reading and adoption. (Director of Community Development) Pulled from Consent Calendar. /~ Victor A. Nolan, 12 Via Barberlni, Chula Vista, CA, expressed his concerns over the approval of the ordinance. He had expressed his concerns regarding this issue at a previous meeting and would continue to do so. Counc~man Rindone responded that the Ordinance had been revised to include those amendments as voted upon by Council at their previous meeting. The staff report (A-113) had not been revised to reflect those changes. He requested that staff revise the A-113's in the future to reflect any revisions. MSC (Moore4tNader) to place Ordinance 2451 on second reading and adoption. Reading of the tell: was waived, passed and appmved 3-0-1 wifll COlIn 9. ORDINANCE 2448 AMENDING 11 ill 19 OF THE CHULA VISTA ZONING CODE BY ADDING CHAFIT~ 19.09 FOR THE PURPOSE OF MANAGING THE uI-IYS GROWTH (second reading and adoption) Staff recommands Council continue to the meeiln~ of May 14, 1991. (Director of Planning) /~.~ ( / 10. ORDINANCE 2456 AMENDING SECTION 6.04.060 OF THE MUNICIPAL CODE RELATING TO THE PROHIBITION OF SWINE IN THE u-lY (first readinF,) - Chula Vista Municipal Code prohibits swine. Mr. Van Winkle requested that the referenced Ordinance be amended to allow the keeping of miniature pigs Staff recommends conditional approval of his request. (Police Chief) 11. RESOLUTION 16121 APPROVINGTHEJOINTPOWERSAG]~-~-MENTBYANDAMONGSEVERAL u-rll~S OF THE COUNTY OF SAN DIEGO TO LITIGATE THE VAImr~flY AND AMOUNT OF SAN DIEGO COUNTY'S BOOKING FEE CHARGES - On March 19, 1991, the City Council conceptually approved participation in a Joint Powers Agreement among several San Diego County cities affected by the County booking fee charge for the purpose of retaining outside legal assistance and litigating the validity and amount of the County booking fee charge. The attached agreement is the implamentation of that policy direction. Staff recommends approval of the resolution. (City Attorney) /~:~f3 City Attorney Boogaard recommended the following changes to the agreement: 1) Section 6. The addition of two "slots" on the Executive Committee of the Administrative Committee, to be designated by the City Manager's groups; 2) Parties Section and Paragraph 8. Addition of Lemon Grove and Santee to the litigation; 3) Paragraph 7, page 2. National City shall be paid on a time and material basis for the accounting services of its Finance Director and deparunent, National City shall not be required to have the accounting audited; and 3) Address the issue of whether the property tax sHministration charge should be part of the action. MSC (Moore/Rindone) to amend the agreemant as per the recommandation Of the City Altome]. Appl~ved 3-0-1 with Coune~m~n Malcolm absent, Minutes May 7, 1991 Page 4 !12. RESOLUTION 16149 NOTICB OF IN/ENTION TO GRANT A FRANCHISE FOR REFUSE COU-~CI'ION AND DISPOSAL TO SOUTH BAY UI1F, S, INC. FOR CHULA VISTA ~]~-MENTARY SCHOOL FAI~LITIES - The Chula Vista Elementary School District, after an open bidding procedure, granted to its -low bidder, Bay Cities Services, Inc., a three-year contract to remove solid waste from its school facilities. 21t may not do so without having a franchise grant from the City. Staff recommends approval of the ~tesolution. (City Attorney) 'City Attorney Boogaard stated Cotmeflman Rindone had been concerned over the interest imposed upon the District had Bay Cities been serving them. He had been informed by Don Lindberg that Bay Cities had not been-serving the Distrlet as they were waiting on the franchise. Therefore it would be a 7% franchise fee from the date the franchise is granted. It would not require any amendment from the Council as there had not been service from Bay Cities to the District. ~Couneflman Rindone felt his concerns had been addressed and he would not request that the Resolution be · 'pulled from the Consent Calendar. 13. RESOLUTION 16134 AMENDING COUNCIL POLICY NUMBER 662-05 'SF_JtUAL ~ :POLICY' AND ADOPTING AMENDED COUNCIL POLICY NUMBER 662-05 ENll-r.~vs "GENERAL AND SEXUAL HAIL4SSMF2~ POLICY' o The new policy addresses general as well as sexual harassment and also provides a complaint process. Staff recommends Counc~ adopt the resolution to amend Policy No. 662-05 replacing Resolution No. 11058. (Director of Personnel) /{~_< 14. RF_SOLUTION 16150 AC(Y, alrflNG BIDS AND AWARDING CO~CT FOR PURCHASE OF ENGINE ANALYZF. R/IFSTF~ - Bids were received and opened for the purchase of one Engine Analyzerfrester approved in the FY 90/91 Capital Oufiay Budget. The Anaiyzerffester will be used by Equipment Maintenance Division for diagnostic analysis of vehicle problems end smog testing. Staff recommends approvai of the resolution. CDirector of Finance) /:~9[, 1'5. RF, SOLUTION 16151 ACII-t~IINGBID~ANDAWARDINGCO~FORPURClJdLqEOFSTLIMP 'CUTIIiR - Bids were received and opened for the purchase of one stump cutter approved in the FY 90-91 ~quipment Replacement budget. The cutter will be used by the Tree Division of Public Works. Staff ~tecommends approval of the resolution. (Director of Finance) Ir~q'7 16-...RF2~LUTION16152 ApPROPRIATING~FORSIm_XI.~LMUM(IPALm~3TIONTOBEI-~n ~BJNE 4, 1991 - On February 26, 1991, Counc~ approved Resolution 16077 which called a special municipal ~lecfion to be held on June 4, 1991 for the election of Mayor. The Resolution also requested the Registrar ~fVaers to conduct the election. However, funds were not appropriated for the election at that time. Staff recomlnends appropriating $112,000 from the general fund to Account No. 100-0170-5202 to cover costs. '(City Clerk) 4/5's vote required. 'MSC (Moore/Nader) to continue to the meeting of 5/14/91 because of the 4/5's vote requiremenL Approved '3-0-1 with Couorflm:~n MalcoIm absent. * * END OF CONSENT CALENDAR * * Minutes May 7, 1991 Page 5 PUBLIC HEARINGS AND !~I~,IATED RESOLUTIONS AND ORDINANt'~q 17. PUBliC HEARING HOUSING AND COMMUNrli DEVELOPMENT NR~-nS FOR THE 1991-92 COMMIjI~I'Y DE'VELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING CONSIDERATION OF FUNDING REQ~ FOR PUBLIC SERVICES, COIV!MUNITY D13VEI,OPMF..NT AND CAPITAL IMPRO~ -The City of Chula Vista will receive $1,297,000 in 1991-92 CDBG entitlement funds and anticipates receiving program income of about $90,000 from the Housing Rehabilitation revolving f~nd. Two public hearings on housing and community development needs are held to provide for ci~zen pz_~icipation and public comment on proposed projects, the program budget, and the Community Development Plan. The accompanying resolution reallocates $119,940 from the Norman Park Senior Center Renovation project to the Orange and Fourth Park Development project. This action is requested in order to expedite the purchase of the final parcel of Park property, [t is proposed that the Norman Park funding be replaced with a new allocation from 1991-92 CDBG funds. Sta~recommends Council conduct a public hearing on housing and community development needs, accept the staff report on the proposed 1991-92 CDBG progTam, and adopt the resolution approving the reallocation of $119,940 of CDBG funds for the Norman Park Senior Center Kenovation project to the Fourth and Orange Park Development project. (Director of Community Development) 4/S's vote require~L /~ ~? This being the time and place as advertised, the public bea~ing was declared open. Councilman P~ndone stated he felt comfortable on voting for the total amount of funds allocated for the program~ but would like to bifurcate the programs under the "social service" catego~. He is an employee for an applicant for those funds he felt it would inappropriate to participate in the discussion. He informed the audience that the final vote regarding funding would be at the May 21st meeting at which time there would be four Councilmembers present. City Attorney Boogaard stated that because Councilman P,.indone's income was from a public agency it was not considered a financial conflict of interest, Because his abstention was not a legal requirement, the Council would be able to follow whatever order they chose. Non-social service issues should be identified so that Councilman Rindone could participate in discussion. It would be necess~ for him to remain on the dais in order to maintain a quorum even if not participating in the discussion. Mayor Pro Tempore Moore requested that staff identify those agencies that are social service agencies for the May 21st meed.ng. Pare Smith, 380 Third Avenue, Chula Vista, CA, District Manager of the Chula Vista Social Security Office spoke in support of the Human Services Center (social service agency). Gloria Hicks, Director of the MAAC Project (social service agency) spoke in support of their agency. B. oger Ca]dwell, 17S0 Colfax Drive, Lemon Grove, CA, Deputy Director of the MAAC Project (social service agency) spoke in support of their agency. Kay Magi]], 19S8 Second, San Diego, CA, representing the AIDS Foundation of San Diego (social service agency) spoke in support of their agency. Alberta Hattung, 1S4S Malta, Chula Vista, CA, Childcare Director at the South Bay Family YMCA (social service agency) spoke in support of their agency. Minutes 'May 7, 1991 : Page 6 Helen Stokes, 1543 Max Dr/ve, Chula Vista, CA, spoke on behalf of the Meals-On-Wheels program (social service agency). · We_ndi Borouer, 818 Cardamom Court, Chula Vista, CA, Instructor for the Literacy Team (social service agency) spoke on behalf of their agency. Tommy Waller, 301 Shady Lane, El Cajon, CA, spoke on behalf of the Literacy Team program. RarEtta Mortell, 116 Palomar Street, Chula Vista, CA, Member of the Altrusa Club, spoke on behalf of the 'Literacy Team program. .~enald E. Willjams, 299 Sea Va~e, Chula Vista, CA, Vice-Chair of the Chula Vista Library Board of Trustees, -spoke on behalf of the Literacy Team program. Nine Garcia, 265 E. Street, Chula Vista, CA, spoke on behalf of Kinesis South (social service agency). :Kandy Freemont, John Zafis, and Chris Oaldey, spoke on behalf of K/nesis South. Dorothy Ozanne, 776 Mission Avenue, Chula Vista, CA, School Nurse spoke on behalf of Vista Hill Hospital (social service agency). =bara Davb, 571 T~ird Avenue, Chula Vista, CA. spoke on behalf of Family Stress Center (social senrice : ~cy). Christina Estrada, 4004 Boyer Boulevard, San Ysidro, CA Social Worker for San Ysidro Health Center, spoke on behalf of the Chula Vista Family Clinic (social sendce agency). ~3extha Beotcher, 708 H Street, Chula Vista, CA, spoke on behalf of the Chula Vista Family Clinic. :Beverly Ferrell, 188 F Street, Chula Vista, CA, spoke on behalf of The Wellness Community (social senrice ~agency). :Carroll Parker, 1120 22nd Street, San Diego, CA, spoke on behalf of the METRO Good Neighbor Program !(social service agency). 'Scott Mosher, 829 La Senda Way, Chula Vista, CA, Executive Director of the Boys and Girls Club of Chula °.Vista (social service agency) spoke on behalf of their two programs. :Ernest Saenz, 1209 F/nch Place, Chula Vista, CA, spoke on behalf of the Chula Vista Chfldren's Theater, :IProject I (social service agency). IViCtor A. Nolan, 12 Via Barberini, C:hula Vista, CA, Member of the Housing Advisory Committee, questioned the proposed expenditure of $43,000 on graffiti abatement and felt the funds should be utilized for a more ~beneficial project. 'Linda Taylor, 1034 Fourth Avenue, Chula Vista, CA, spoke on behalf of the New Chance program (social 'service agency) located at Sweetwater Union High School. 'Emerald Randolph, 84 East J Street, Chula Vista, CA, Director of Student Welfare and Attendance for the 'Chula Vista Elementary School District, spoke on behalf of Vista Hill Hospital. Minutes May 7, 1991 Page 7 Terry Knorr, 1295 University Avenue, San Diego, CA, spoke on behalf of the Community Service Center for the Disabled (social service agency). M. Jean Serafy, 3188 Grade, San Diego, CA, Perinatal Coordinator for the OTAY Community Clinic, spoke on behalf of the Episcopal Community Services (social service agency). Rev. Glenn Allison, Executive Director of the Episcopal Community Services, spoke on behalf of their new program, Options for Women. Judith Johnson, 580 Hilltop Drive, Chula Vista, CA, spoke on behalf of Lutheran Social Services, Project Hand (social service agency). James Lantry, 427 C Street, San Diego, CA, Member of Board of Directors for the California Center for Victimology (social service agency) spoke on behalf of their program. There being no further public testimony, the public hearing was declared closed. RESOLUTION 16153 APPROVING THE REALLOCATION OF $119,940 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM IHE NORMAN PARK SENIOR CENTER RENOVATION PROJECT TO THE FOURTH AND ORANGE PARK DEVELOPMENT PRCUECT Chris Salomone, Director of Community Development, informed Council that it had been determined that the resolution dealt with reallocation of funds and would therefore not require a 4/5's vote. RESOLUTION 16153 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved 3-0-1 with Councilman Malcolm absent. City Attorney Boogaard informed Council that the Resolution would be brought back for approval at the 5/14/91 meeting as a precautionary measure due to the question of appropriation versus reallocation. ORAL COIVIMUNICATIONS None ACTION ITEMS None submitted. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS ptnJF. r~ FROM ~ CONSENT CAIa~-NDAR The minutes will reflect the published agenda order. Items pulled: 5c and 8. Minutes May 7, 1991 Page 8 OTHER BUSINESS 17. U'IY MANAGER~J REPORTf S) a, The CIP budget was distributed this week and it is hoped that the operating budget will be ready /for disu'ibution by Friday or next Monday. The first budget hearing will be on Thunday, May 16th at 6;00 p,m. in the Council Conference Room. 18. MAYOR~J REPORTfS) a. Informed the public that he and seventeen other residents of the City had traveled at their own ,expense to Odawara, Japan to celebrate the 10th anniversary of the Sister Cities. 'b. Gave a brief update on a sub-committee that was formed between the City, utilities, major developers, CALTRANS, and the schools regarding graffiti abatement and prevention. 19. COUNCIL IEOMMENYS Councilman Malcolm: a. Legislative Communication: Legislation Prohibiting Release of Names of Rape Victims both on State and Local Levels MSC '(Moore/Nader) to refer legislation prohi'biting release of names of rape vle~rn~ to ~he Legislative Committee for review and reperL Approved 3-0-1 with Coulleflrn~n Malcolm alBent. .b. Legislative Analysis: I. Requires Council Action SB T/6 CKfllea) - San Diego/Coronado Bridge: Tolls. Staff recommends Council support. ,MSC '(Moore/Rhdone) to support SB 776 {I(filea). Approved 3-0-1 with Coueefim~n Malcolm absent. Councilman Rindone requested that a letter of support also be sent on behalf of the City. He felt that the City of Chula Vista may need support from surrounding communities in the future. !Councilman Rindone: ,a. Graffiti legislation b. Public/Private Partnerships in addressing graffiti concerns Stated that the City had made an effort to conl~ol graffiti but that it had been done on a piecemeal basis. He felt that Council needed to move beyond short term solutions to a comprehensive graffiti abatement Minutes May 7, 1991 Page 9 program. He then distributed a proposed program and requested that the staff and Council review and come back to Council in a timely manner. The proposed program is to be used as a catalyst and staff and Council are invited to eome forth with other recommendations, The program needs to be regional and staff should address how this would be done. The major highlights were; 1) prevention - a. elementary school education, community education, and recreation alternatives; 2) eradieation (publie/private partnership - a. grafflti buster abatement paxties, b. utility box artwork, e. hot-line and rewards, and d. eode compliance officer; and 3) a. felt-tip marker ordinanee, and b. grafflti abatement community service districts - SB 224 by Senator Watson. e, The next Bayfront Development Subeommittee meeting will be Thursday, May 9th, at 5:00 p.m. in the Council Conference Room. Councilman Nader: a. Congratulated Councilman Rindone on his proposed graffiti program and Mayor Pro Tempore Moore on the organization of a Graffiti sub-committee, but he felt that there should be a strong message included that those violating the law would face harsh penalties, i.e, community service hours and financial penalties. He felt the penalties should be applied to the offenders and parents. b. Stated the CDBG allocations were some of the most difficult decisions the Council had to make. He felt all agencies had legitimate requests and noted that there were never enough funds to cover them all. ADJOURNMENT The Redevelopment Agency met in a closed session at 6:25 p.m. and adjourned at 7:08 p.m. Potential acquisition of real property under Government Code Section 54956.8 -- Properties located at: Parcel #622.030.09 Raymond and Mary Hernandez; 622.030.10 Esequiel and Amelia Mora; 622.030.11 Ester Alonzo; 622.030.15 Juan and Ignacia Mercado; 622.030.16 Kaoru and Lily lwashita; 622.030.22 Alffedo Vasquez; 622.030.23 Nicholas Mora; 622.030.25 Chula Vista Congregation ofJehovah's Wimesses; 622.030.26 Kaoru and Lily Iawshita; 622.030.27 Kaoru and Lily lwashita; 622.041.17 Minoru Iwashita/Tosh Asakawa; 622.041.20 San Diego Chapter Japanese American Citizens League, Inc.; 622.041.21 San Diego Chapter Japanese American Citizens League, Inc.; 622.041.22 James and Sandra W~liams; 622.041.23 James and Sandra W~liams ADJOURNMENT AT 6:25 P.M. the Regular City Council Meeting on May 14, 1991 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy Ci~ Clerk