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HomeMy WebLinkAboutcc min 1991/10/01 MINUTES OF A REGULAR MEETING OF THE LTIY OF CHULA VISTA Tuesday, October 1, 1991 Council Chambers 4:09 p.m. Public Services Building CALL TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, and Mayor Nader ABSENT: Councilmen Rindone ALSO PRESENT: John D. Goss, City Menager; Ruth M. Fritsch, Assistant City Attorney; end Beverly A. Authelet, City Clerk 2. pI.RBGE OF ~,t J-EGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: July 18, September 17 and September 24, 1991 MSC {Moore/Grasser Hotton) to approve the minutes of July 18, September 17, end September 24° 1991 as presented. Approved 4-0-1 with Coune~men Rindone absent 4. SPECIAL ORDERS OF THE DAY: a. Presentation regarding successful 'Floating Cinema' - Andy Friedenberg, Executive Director of the Visual Arts Foundation, reviewed the Sunset Cinema Film Festival that featured the films "Jaws" and "Star Trek IV: The Voyage Home" at Chula Vista' Bayside Park during Labor Day weekend. The attendance each night in Chula Vista was estimated at 2,000. They w~l now go back to the Port of San Diego and request a 12-13 night festival. This would result in three evenings in Chula Vista with the anticipated date being the Labor Day weekend. He then thanked members of the City Staff for their assistance and Dr. Penner for his support. b. Prodalmlng the month of October 1991 as 'Spay/Neuter Your Pet Month* - The proclamation declaring October 1991 as 'Spay/Neuter Your Pet Month' was presented by Mayor Pro Tempore Moore to Keyin Hardy, Principal Menagement Assistent for the Police Department, on behalf of the Animal Shelter for the City of Chula Vista. CONSENT Ca~I.RNDAR (Items pulled: none) CONSENT C~i ~NDAR OFFERED BY COUNCILMAN MALCOLM. reading of the text was waived, passed end approved 4-O-1 with Councilman R/ndone absenL 5. WRI-FF~I COMMUNICATIONS: a, Letter regarding commundcatlon gap between the Council end Citizens - Howard McCauley, 950 Melrose Avenue, Chula Vista, CA 91911-2336. It is recommended that this be referred to staff to come back Minutes October 1, 1991 Page 2 with a report evaluating Mr. McCauley's ideas, as well as exploring other techniques that might increase effective communication to residents and businesses. b. Letter expressing concern over hck of response from the Police Depaxtmant regarding defacement of car -Colleen Casey, 76 Montebello Sweet, Chula Vista, CA 91910. It is recommended that Mr. Casey's letter be acknowledged, and that an information item on the disposition of this complaint be brought back to council in two weeks. 15627 c. Letter requesting the assistance regarding noise generated by the waffle on the new Highway 54 enension-Brentwood Arms Homeowners Association, 110N. Second Avenue, ChulaVista, CA91910. It is recommended that the Mayor send a letter to CalTrans requesting that they take noise level readings during the P.M. peak hour both now and after the opening of the remaining ramps from I-5 to SR-54. Further, it is recommended that CalTrans use Chula Vista's noise standard of 65 decibels in determining the need for sound wall. 15628 Mayor Nader stated that staff had submitted a new staff recommendation which requested noise level readings. It would be his intent to also include the old recommendation which would be to reconsider CalTrans decision and proceed with some type of noise abatement program. d. Letter expressing concern over unsanitary conditions that exist in the locker rooms at the City pools - Sylvia Amett, 425 Naples Street, Chula Vista, CA 91911. It is recommended that this letter be received and acknowledged. 15629 e. Letter expressing concern over actions of the lessee of the Chula Vista Munidpal Golf Course and South Bay Restaurant regarding m~httenance of a public restaurant and environmental awareness of the Sweetwater River Valley - Pearl Prine, S75-21 Otay Lakes Road, Chula Vista, CA 91913. It is recommended that staff prepare a letter for the Mayor's signature conveying this information and that the letter also be forwarded to American Golf for investigation and reply. 15630 6. RESOLUTION 16358 APPROVING THE *GAYLE MCCANDLISS MEMORIAL GROVE AND NATURE TRAIL' CAPITAL IMPROVEMF./qT PROJECT AND APPROPRIATING FUNDS THEREFOR FOR PHASE I - At the regular Council meeting of 1/22/91, staff was directed to investigate the feasibility of establishing a memorial grove at Halecrest Park in honor of Mayor Gayle McCandliss. Upon further analysis of the park site, an expanded concept for the "Gayle McCandliss Memorial Grove and Nature Trail" has been formulated for consideration. Staff recommends that the City Council: 1) accept the staff report approving the project concept of the "Gayle McCandliss Memorial Grove and Nature Tra~" at Halecrest Park, and the submittal of a Capital Improvement Project (CIP) for consideration; and 2) appropriate $7,500 from the Residential Construction Tax Fund to implement Phase I of the project. (Director of Parks & Recreation) 15631 7. RESOLUTION 16359 RATIFYING AN AGB~MENT WITH THE COUNTY OF SAN DIEGO BF. IATING TO ~ DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGBRF-MENT -Agreement continues the Southern Home Port designation from 7/1/91 to 6/30/92. County will contribute $7,000 toward the total cost of $25,000. Staff recommends approval of the resolution. [Management Services) 15632 * * END OF CONSENT CALENDAR * * Minutes October 1, 1991 Page 3 PUBLIC HEARINGS AND RELATF2) RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS None. ACTION ITEMS 8.A. REPORT SURVEY ON U-iY-WIDE USE OF CONSULTANTS AND CONTRACTUAL SERVICES -At the 7/23/91 meeting, Council requested a report on the City's use of consultants and service contracts. This report represents a broad review of all existing contracts for services required city-wide, regardless of contract costs. In addition, several recommendations for further study are requested to be formally referred to the City Manager. Staff recommends acceptance of the report, approval of the referrals recommended, and further direction provided as necessary. (City Manager) Continued from the meeting of 8/20/91. B. .RFlmORT CONTRACTUAL/CONSULTANT SERVICES PROVIDERS WHO EARNED $50,000 OR MORE IN ANY ONE FISCAL YEAR (FY 198.5-86 TO FY 1990-91) - At the 8/20/91 meeting, Council requested that staff prepare a listing of those firms (Consultants/Contractual Services) who have received $50,000 or more in any given year since 1985. Also requested was a brief description of the work completed and the hourly rate or method of compensation approved in the contract. Staff recommends Counc~ accept the report. (Finance Director and Budget Manager) 15633 Mayor Nader informed Council that Counc~man Kindone had requested that this item be continued to a meeting in which the full Council would be present. Councilman Malcolm left the dias at 4:23 p.m. and returned at 4:27 p.m. MSC (Nader/Grasser Horton) to continue Item 8A and 8B to the meel~_g of October 22, 19~1. Approved 3-0-2 with Couneflrnelnbevs Rindone and Malcolm absent. Councilman Moore felt it was good m review these issues but noted that most of the services being performed by consultants were jobs and services that were being done cheaper than the City could do. He was satisfied with what had been done by the Council and Administration over the years. 9. REPORT SANDAG REGIONAL GROWTH MANAGEMENT STRATEGY - SANDAG has distributed the draft Regional Growth Management Strategy for public review and comment. The strategy includes proposed Quality of Life Standards and Objectives for eight regional environmental and economic factors as well as recommendations regarding public facilities financing and siting, growth rate, phasing, and land use distribution. Also included is a "self-certification' process for determining local and regional agency consistency. Staff recommends Council authorize the City Manager to forward to SANDAG the comments prepared by staff in addition to any other comments suggested by Council. (Director of Planning) 15634 Robert Leiter, Director of Planning, gave a brief presentation regarding the report. A list of 20 comments was provided and it was felt by staff that the comments were technical in nature and pertained mainly to Minutes October 1, 1991 Page 4 the sections of the report dealing with Transportation, Sewer, and Water and included several proposed revisions and/or clarifications to these sections. Staff recommended that Council authorize the City Manager to forward comments prepared by staff and Council to SANDAG and continue to work with SANDAG to finalize the Regional Growth Management Strategy. Staff felt the implementation of the proposed Regional Growth Management Strategy would involve a significant commitment of staff time and financial resources, and there should be a further effort to identify these costs, and consider means by which these costs can be minimized, and implementation priorities can be established. Councilman Moore expressed his concern that an economic analysis was not included in the report. He felt that in the future, all City reports, as well as SANDAG reports, should regularly include an economic analysis. Mr. Leiter responded that the overall issue of economic impact was an issue that staff had highlighted as an issue that needed to be looked at further, and would be addressed in the final implementation. An overall comment regarding fiscal impacts, to include economic impacts would be appropriate. There are two economic issues, i.e. one fiscal impacts on the City and the other the economic impacts on the business community, Mayor Nader felt two additional items should be addressed in the comments forwarded to SANDAG. The first was the lack of indirect source control regarding land use policies in the air quality element. The second was the Conflict Resolution, as he was unclear what the remedy would be for the neighboring jurisdiction. Susan Baldwin, Senior Regional Planner, SANDAG, stated the comments are m be returned to SANDAG by October 4th, after that the Technical Committee will complete the final draft which should be submitted to the Board in November and then returned to the local jurisdictions for final approval in December or January. There is an air quality sub-committee that is working on the issue of indirect source review and control which would be added in the future. They are currently looking at ways to promote alternative methods of transportation to the single occupancy vehicle. The Conflict Resolution procedure would be utilized with some type of mediation or arbitration, third party process. SANDAG has adopted a Conflict Resolution procedure which is included on pages 58-60 of the strategy. Mayor Nader felt the intent to add indirect source control should be specifically stated in the comments. He was also concerned with the Dispute Resolution Policy being entirely voluntary. He would like to see some safeguards built in against major abuses, i.e. as in the EIR process where an affected jurisdiction does have the ability to challenge a grossly inadequate review of impacts upon their jurisdiction by another jurisdiction. MS (Nadar/Grasser Horton) to approve the staff recommendation and include: 1) an explick statement of intent to add an clement concerning indirect source control to achieve air quality standards, and 2) the City feds there should be a stronger provision for dispute resolution in cases of ex~eme impact on one agency by another. Councilman Malcolm stated he would vote against the motion. He could support the comment on indirect source control, which would be included in the report at a later date, but was adamandy against any other jurisdiction telling the City of Chula Vista what they should be doing. The Council was elected by the people to make decisions regarding what is best for the City. He felt the City would be put in jeopardy all the way through the process of conflict dispute. He would not give up the City's future or his control to another jurisdiction. Minutes October 1, 1991 Page 5 Mayor Nader agreed that SANDAG should not be the arbitrator, but that a third pan:y, agreed upon by both parties would be chosen. There should be some mechanism in which a dispute could be taken which was mutually agreed upon. There should be some type of recourse for the impacted jurisdiction. VOTE ON MOTION: failed 2-2-1 with Cotll~nlrnenlbers Malcolm and Moore ve~ug no and Councilman Rindone absent. MOTION: (Nader) to approve staff recommendation and include: 1) an explicit statement of intent to add an clement concerning indirect source control to achieve air quality standards, and 2) an explidt statement that byvoting for, or agreeing to, this regional growth management plan no jurisdiction waives ils fight that it might othenvise have under law. Motion died for lack of second, Councilman Malcolm stated he did not believe that any City could legally waive any rights they may have. MS (Malcolm/Moore) to approve the staff recornrneDdation and include all explicit statement of intent to add an element concerning indirect source control to achieve air quality standards. Mr. Miter stated that Counc~ would have the opportunity to review the strategy again before final adoption. Mayor Nader requested that before final adoption, the City Attorney review whether a waiver claim could be made. If there is an arguable issue on that point it should be included at that time for Council to consider to make sure that there is no action taken by Councfi that could be construed as a waiver of any other fights that existing laws provide. VOTE ON MOTION: approved 4-0-1 with Councilman Rindone absent. 10.A. .REPORT ~INGU-iYCOUNCILRESOLI_rrlON16337WHICHWAIVEDPUBLIC FACIIJTIES DEVELOPMENT IMPACT FRI~_¢; FOR SILVERCREST APARTMENTS - On 9/3/91 the City Council adopted Resolution 16337 waiving $161,250 in Public Fac~ities Development Impact Fees 0vFDIF) for Silvercrest Apartments, a 75-unit low-income senior project funded by HUD and being developed by the Salvation Army. Additionally, on 9/19/91 the Redevelopmerit Agency appropriated $114,000 from the Low and Moderate Income Housing Fund to pay the project's Sewer Facfiities Participation Fee. On 9/24/91 the City Council asked that Resolution 16337be returned to this Agenda for reconsideration. Staffrecommends that the Council: 1) reconsider Resolution 16337 accept Alternative 2, and direct staff to return with a resolution appropriating the funds at the next Redevelopmerit Agency meeting, and 2) adopt the resolution rescinding Resolution 16337. (Community Development Director) 15635 Councfiman Malcolm stated he would abstain from participation and voting on this item, in order to avoid a conflict of interest, as the project was located across the street from his office. Mayor Nader questioned why the entire package was not being presented, i.e. the Resolution rescinding Resolution 16337 waiving public facfiities development fees for Sfivercrest Apartments, and the Resolution appropriating funds. Chris Salomone, Director of Community Development, responded that the Council would have to waive the fees and the Redevelopment Agency would have to appropriate the funds. The appropriation of funds would require a 4/Sth's vote. Minutes October 1, 1991 Page 6 ,/ MSC (Nader/Moore) to continue Item 10A and 10B to the Council meeting of October 8, 1991 for a joint City Counc~/Redevelopme~t Agency meeting. Approved 3-0-1-1 with Count~lm~n Kindone absent and Cotmn'lman Malcolm absr3inlng, B. ~LLrlION 16361 RESCINDINGCrlYCOUNCILRESOLIYFION16337WHICHWA1VEDpUBLIC FACILITIES DLrv'ELOPMENT IMPACT FEES FOR SILVERCREST APARTIVIFANTS BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS pLnJ,Rr~ FROM THE CONSENT CALENDAR Items pnlled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 11. (31Y MANAGERS REPORTf S) a. Informed Council there would be a softball tournament with representatives from other cities at Discovery Park on Sunday and invited everyone to participate. b. Questioned whether Council anticipated a quorum for the meeting of October 15th as this is the date for the Calffomia League of Cities Conference. Mayor Nader responded that it was his understanding that only two Councilmembers would be attending the Conference. He requested that Councilmembers notify the City Clerk ff they would not be present at the meeting of October 15th. 12. MAYORS REPORT/S) a. The Council will be interviewing applicants for the Planning Commission, Civil Service, and Montgomery Planning Committee on October 23rd at 5:00 p.m. b. RESOLUTION 16360 ENDORSING THE SITING OF THE UNIVERSITY OF CALIFORNIA CAMPUS IN Ch~q.A VISTA - Informed Council that this resolution is being brought forward in other jurisdictions in the region for support of the Chnla Vista site subject to environmental reviews. 15636 Carol Freno, 3703 Alta Lome Drive, Bonita, CA, Vice-President of Crossroads, stated they were opposed to the site specific. They were under the impression that there were several studies being undertaken regarding sites and requested that no action be taken on the R. esolution until the studies were completed. Mayor Nader responded that any site would be subject to study. The UC system has a site selection process that the City would like to impact with signs of support, i.e. the resolution being considered tonight. This would not be a circumvention of the environmental review process. This is the site originally presented to UC by Mayor Cox two years ago and included in the original application. Minutes October 1, 1991 Page 7 Ms. Freno stated that Crossroads is on record as being opposed to the original site and would not support the resolution at this time. Councilman Moore recommended the following amendment to Resolution 16360, last sentence, to read: subject to 'Otay Ranch Interjurisdictional Task Force* and appropriate environmental and land use review. Councilman Malcolm stated he had a number of concarns. The City is trying to convince the University that they have a site, want them here, and Chula Vista would do whatever they could to bring a four year university to the area. He agreed that there appeared to be a number of environmental constraints on the site but to show indecision at this time would be an improper message to send to the regions. Council should pass the resolution, which did not bind the Council in any way, in order to show the City's support. Hopefully, by the time the university could get going in the South Bay, the Task Force would no longer be in existence as this area would be under the jurisdiction of the City of Chula Vista. He felt that asking the Task Force and staff to look at the site was a good follow-up motion. If appropriate, the submittal could be mended at a later date, City Manager Goss stated that the Project Team for Otay Ranch was preparing an issue paper related to the university site issue. There is concern that there is environmental constraint on the site as proposed. He met with County staff who expressed concern to the overall strategy, i.e. why the jurisdictions were supporting a site that may ultimately be thrown out due to environmental constraints. There is a question of strategy on how to approach this and he felt that an independent view might be needed on what the most appropriate strategy would be to pursue what everyone was supporting, getting a university campus. Mayor Nader responded that policy is made by the elected officials and Supervisor Bilbray had been very cooperative. Any site has potential environmental issues and it was acknowledged by all that any site selection would be subject to environmental review. To anticipate the results of that environmental review would be premature. City Manager Goss questioned that if the Resolution was adopted if it would constrain Chula Vista's representation in the joint planning process with the County on the Otay Ranch, i.e. himself on the Executive Committee and Council representatives on the Task Force. Councilman Malcolm responded that Supervisor l~ilbray was bringing forth the exact resolution. He felt that if the site needed to be changed that the property owner would work with the City and the University regarding a different site. He did not feel that this would jeopardize the planning process. Mayor Nader stated that the resolution was a statement of Council policy. City Manager Goss understood that Council was stating that this was described as an ideal site; the site that was submitted as a good site; but also described as possibly having environmental constraints and may need to be moved somewhat. He would interpret from that, that as they continue the planning effort with the County that if there is a desire, as more information is obtained regarding the environmental impacts, to look at alternate sites or moving the site somewhat, that it was in range of possibilities. Mayor Nader responded that if it ever appeared to Mr. Goss or members of the committee there was even a possibility of looking in that direction, he would expect that before a decision along that line was made, that he, as Mayor and Chairman of the UC Task Force would be notified and given an opportunity to give input and that the Council would be notified and given an opportunity to give input. No action that would potentially affect the City's ability to attract the UC campus would be taken without direction from the Council. Minutes October 1, 1991 Page 8 City Manager Goss stated that there was a process to do that through the UC Task Force which includes two Council representatives. Mayor Hader responded that it took three Councilmembers to set Council policy and he would expect himself as Mayor and the entire Council be notified and allowed to give input. RESOLUTION 16260 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader stated that if staff came back with a negative declaration on this site he would probably be the first to vote against it. The resolution is not a circumvention of the environmental process but a clear statement of the current Council policy regarding the UC site. VOTE ON MOTION: approved 4-0-1 with Counfnlman Rindone absent. Councilman Malcolm stated he did not want to send a mixed message to the University, but information supplied to him indicated there were a lot of problems with the proposed site. He hoped that the property owners would work with the County and City regarding the possible changing of sites as soon as possible in order to avoid confusion with the UC system. c. Announced the passing of former Mayor John Smith and directed that the flags at City Hall be flown at half mast in recognition. 13. COUNCIL COMMENTS Councilman Malcolm: Turn pocket on 'L' Street between 4th and 5th Avenues. Councilman Malcolm stated that Charles Schrader was in the audience and wished to address the Council regarding the 'no parking' on both sides of 'L' Street between 4th and 5th Avenues. He had been advised by staff that the parking prohibition would be delayed until the issue could be brought before the Safety Coinmission for additional review and furLher recommendation to Council. Mr. Schrader will be notified of the meeting dates. Charles Schrader, 440 'L' Street, Letter 'I', Chula Vista, CA, President of Casa Vianney Homeowners Association, submitted a letter to Council requesting reconsideration of a decision by Council on 4/17/90 to prohibit parking on both sides of 'L~ Street between 4th and $th Avenues. It is felt by the Association that the prohibition of parking would make the existing parking shortage worse. Mr. Schrader requested that the record show that several neighbors had accompanied him to express their support for his request. Councilman Moore: a. Informed Council that he had attended the SANDAG sub-committee meeting for the Clean Air Act as it pertains to traffic demand management. The consensus was that the cities being represented by SANDAG on this plan will process their plans through the Air Pollution Control Board and not through the Disu'ict. Their comments are to tell the cities where they will not meet the mandated requirements by the State and not get into philosophy and policy. The consensus at this time is that they should proceed forward in utilizing the $4.00 increase in registration fee as to action, but the first thing is to get a plan in place that covers the mandate of the State. There is no intention, as to concept, as it has not been voted on to having fees or frees. Minutes October 1, 1991 Page 9 b. Felt it was rime to review the 1985 Council policy regarding the flying of flags over City property so that the Mayor, Council, and staff would be clear on appropriate procedures. ADJOURNMENT Assistant City Attorney Fritsch informed Council that it would not be necessary to meet in closed session to discuss pending litigation pursuant to Government Code Section 54956.9 - White versus Gity of Chula Vista. ADJODRlqMF2ff AT 5:33 P.M. the Regular City Council Meeting on October 8, 1991 at 6:00 p.m. in the City Council Chambers. A Special Redevelopment Agency Meeting convened at 5:33 p.m. and adjourned at 6:05 p.m. Respectfully submitted, ~. BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Depu~ity Clerk