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HomeMy WebLinkAboutcc min 1991/11/19 MINUTES OF A REGULAR MEETING OF THE CITY OF CI-IULA VISTA Tuesday, November 19, 1991 Council Chambers 6:07 p.m. Public Services Building CAI.I.RD TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: 3ohn D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PKEDGE OF ALI.F-GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINLrFES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Child Care Commission - Oath of Office was administered by City Clerk Authelet, certificates of appointment were presented to William Canedo and Tonnette S. Joynes by Mayor Pro Tempore Moore. 15752 b. Proclamation to be presented by the Mayor to Athena Lee Bradley, Conservation Coordinator - To declare the week of 11/16/91 "Household Hazardous Materials Awareness Week". The proclamation was presented to Ms. Bradley by Mayor Pro Tempore Moore. CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved unanimously. 5. WRrI-I-I~N COMMUNICATIONS: a. Letter of resignation from the International Friendship Commission - Dianne K. Harmata, Staff recommends that this resignation be accepted with regret. 15753 b. Letter requesting information to assist the Chula Vista Mobilehome Owners Association in evaluating their legal position under existing and future City ordinances - Robert J. Jagiello, Esq., dagieilo & Peeh, Attorneys at Law, 1800 Avenue of the Stars, Suite 1150, Los Angeles, CA 90067. Since they are not currently representing any mobilehome park in town, staff recommends they be notified on the procedures to obtain the City Council Agendas. 15754 Minutes November 19, 1991 Page 2 6. ORDINANCE 2487 PCM-92-01 AMENDMENT TO THE RANClIO DEL REY SPECIFIC PLAN BOUNDARIES AND AN AMENDMENT TO SPAS I, II AND III BY INCORPORATING AND DESIGNATING COMMUNITY PURPOSE FACILITY SITES, RANCHO DEL REY PARTNERSHIP fsecond reading and adoption) - This is a request to amend the Rancho Del Rey SPA I boundaries to include nvo parcels totaling 18.7 acres, and amendments to SPAs I, 1I and lII in order to incorporate and designate certain sites for community purpose facilities as required by the recently adopted "Community Purpose Facility Ordinance." Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 1STSS 15756 7. ORDINANCE 2485 AMENDING SECTION 19.58.110 OF THE CHULAVISTA MUNICIPAL CODE TO DRI.RTE CERTAIN PROCEDURAL REQUIREMENTS FOR CHURCHES THAT PROVIDE TEMPORARY SHELTER FOR THE HOMFJ.F. SS (first readin:~) - The Interfaith Shelter Network has requested that the City consider streamlining certain local procedural requirements which now apply to churches that wish to participate in the program. The proposed amendment would allow churches to provide shelter for the homeless for two weeks per year without the necessity to secure a zoning permit or to notice surrounding residents each year prior to providing the shelter services. Staff recommends Council place ordinance on first reading. (Director of Planning) Continued from the meeting of 11/12/91. 15757 8. RESOLUTION 16418 APPROVINGANAGREEMENTBETWEENTHECITYOFCHULAVISTAAND REMY AND THOMAS FOR LEGAL CONSULTING SERVICES FOR THE OTAY RANCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The work being requested of Remy & Thomas is environmental legal review of the Otay Ranch Environmental Impact Report. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 15758 9. REPORT LOCAL LEGAL PREFERENCE POLICY AND ATI'ORNEY-CLIENT CONFLICT WAIVER - At the Redevelopment Agency meeting of 10/1/81, the City Attorney was directed to consider a policy for giving preference to local (i.e. San Diego County) attorneys in recruiting outside legal assistance, including therein, ways to evaluate and, if appropriate, waive Attorney-Client conflict of interest situations that potential legal advisors may have between providing service to the CiW and providing services to private existing or pre-existing, third party clients. Staff recommends acceptance of the report. (City Attorney) 15759 * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND ELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING CONSIDERATION OF PRELIMINARY SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) - As required by AB939, the report presents an overview of the process and timetable for reviewing and commenting on the preliminary SRRE and the proposed recycling, source reduction, and composition programs for the City. Comments and questions from the general public, to be reconciled in the final SRRE, will be received at the public hearing. Presentation of the final SRRE for adoption by the City Council is expected in February or March 1992, or upon completion of environmental review. Staff recommends Council accept the report and direct staff to: 1) continue to accept and reconcile comments from the general public and appropriate agencies until 12/31/91, or until any later date deemed necessary by staff; 2) begin appropriate environmental review as required by CEQA; and 3) return to the City Council for adoption of a final SRRE at such time as all public comments have been responded to and/or incorporated in the document, and the environmental review has been completed. (City Manager) 15760 Minutes November 19, 1991 Page 3 Stephanie Snyder, Principal Management Assistant, gave a summary of the preliminary Source Reduction and Recycling Element. This is a beginning blueprint for a recycling program over the next fifteen years. She then reviewed the projected timetable stating that the public comment period will be held open to 12/31/91 and possibly longer if needed. A regional public hearing will be held on the 24th of January at SANDAG. Other communities have chosen to utilize the regional hearing as their required public hearing but the City of Chula Vista has chosen to hoId a public hearing in their own town prior to the regional hearing. The City Element will be submit-ted to the County to be included in the regional plan. The City~s advisory body, the Resource Conservation Commission, voted 5-0 to support the SRRE and will submit their written comments during the comment period. Councilman Rindone requested that staff address the enforcement aspect of AB939 and the barriers the City may face. Mrs. Snyder responded that AB939 does not allow for enforcement other than fines on the City for non- compliance. The County recycling ordinance does have enforcement authority. Mayor Nader stated that if the City fails to meet the mandates of AB939 the City could be fined up to $10,000 per day. This being the time and place as advertised, the public hearing was declared open. Teresa Aland, 1433 Nacion, Chula Vista, Ca, Executive Director of INDWELLER, stated she was pleased with the general intent of the document but expressed concern over the outreach program of the City. She suggested a six month series of round table discussions during the evaluation of the SRRE and requested the opportunity to oversee those efforts. She invited Council to the Second Annual Resource Rally to be held at Southwestern College on January 4, 1992. John Kracha, 358 E. Millan Street, Chula Vista, CA, stated he had only reviewed a portion of the SRRE and felt it was a great first step. He would like to have seen a different contractor but felt this was beyond the ability of the City. He strongly recommended that the citizens of the community review the document and make constructive criticisms before the end of the year. He did not feel that a six month period of evaluation was needed and again encouraged citizens to take part in the program as that was the only way it would become successful. There being no further comments, the public hearing was declared closed. Councilman Moore questioned when the document would be back for Council approval. He further questioned the cost for greens collection and options as indicated in the SRRE. Mrs. Snyder responded that staff felt the SRRE would be before Council for review in February or March. Athena Bradley, Conservation Coordinator, stated the greens collection fees would be based upon the participation rates. If a resident did not participate in the curb-side program they would be exempt from the fee. It is anticipated that the proposal will be before Council within the next two months with a pilot program started in April or June (approximately 1,000 to 2,000 homes). Hopefully, the program can be implemented city-wide in July or August. MSUC CNader, qVlalcolm) to approve staff recommendation to 1) continue to accept and reconc~e comments from the general public and appropriate agencies until 12/31/91, or until any later date deemed necessary by staff; 2) begin appropriate environmental review as required by CEQA; and 3) return to the Council for Minutes November 19, 1991 Page 4 adoption of a final SRRE at such lime as all public comments have been responded to and/or incorporated in the document and the environmental review has been completed. ORAL COM1VIUN~CATIONS William E. Claycomb, 457 Delaware Street, Imperial Beach, CA 91932, representing Save Our Bay, Inc., spoke in opposition of the Chula Vista Nautical Activity Center due to the environmental impacts upon the bay and surrounding areas. He was also in opposition to the proposed EIR to be conducted on the project. Mayor Nader thanked Mr. Claycomb for his input and stated that the Port would be funding the EIR on the project. ACTION ITEMS 11. REPORT REGARDING INCREASING VARIOUS TAXES AND FEES RELATED TO BILLBOARDS, SPECIAL EVENTS AND CARD ROOMS 15761 RESOLUTION 16419 ABATING THE SCHEDLn-~D CAI.F. NDAR YEAR 1992 BUSINESS LICENSE TAX INCREASE AS PROVIDED IN ORDINANCE 2408 - In October 1990, Council approved a business license tax rate increase to be phased in over a three year period and also provided for annual public hearings. This public hearing is for the purpose of discussing and reviewing the second year scheduled increase. Staff recommends that Council conduct the public hearing and provide for implementation of second year business license tax rate increase. (Director of Finance) Continued from the meeting of 11/S/91. 15762 Councilman Rindone requested an accounting of the how the savings of $80,100 would be accrued by the Boy's and Girl's Club operating the youth center. CheryI Fruchter, Revenue Manager responded that $118,000 had been appropriated during the budget process for the operation of the youth center. The estimated expenditure for weekend programming is $37,900 which leaves a $80,100 savings in the budget. RESOLUTION 16419 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. MSUC (Nader/R/ndone) to accept the report as presented. Mayor Nader stated that an owner of one of the cardrooms had contacted him requesting that the item be pulled from the agenda. He clarified that action taken tonight did not increase fees at this time. 12. REPORT REGARDING THE CURRENT STATUS OF MOBILEHOME PARK CLOSURES IN THE CITY, AND THE PARK OWNERS' AND GITY'S RESPONSIBILITYAS OUTLINED IN THE RELOCATION ORDINANCE - The City has an ordinance which requires park owners to provide relocation assistance if they close their park. Currently, two parks are closing and the residents are being displaced. The residents have requested that Council review the policy as it pertains to park closures. Staff recommends acceptance of the report. (Director of Community Development) 15763 Minutes November 19. 1991 Page 5 Chris Salomone, Director of Community Development, stated that the City does have an ordinance which requires park owners of trailer parks to provide relocation assistant prior to conversion to another use. It does not prohibit the closing of the parks but prohibits the reuse of the property if that relocation and other obligations are not fulfilled. Since the ordinance adoption. two parks have closed and two are in the process of closing. The Residents of Twin Palms were notified of the park closure in August 1989 and the residents of Palomar were notified in April 1987. Neither Twin Palms nor Palomar have completed their applications to close the parks, but are in the process. He informed then the public that a translator would be available to anyone in the audience wishing to speak. Mayor Nader stated it was his understanding that the low income housing recently approved by Council could not set preference for those being relocate& Margery Girbes, Housing Coordinator, responded that low income housing utilizing federal funding would not allow the preference. They did feel that low income housing would be able to set preference for displacees if federal funding was not utilized and if there is no State law precluding such preference. Councilmembers Moore and Grasser Horton requested that all speakers inform Council of how long they have lived in the park and when they were notified of the closures. Those expressing their concern over: 1) closure of parks, 2) lack of relocation spaces, 3) inability to move to another park due to the age of mobile homes, 4) inability to move to another park due to children in the family, 5) parks not allowing Latinos, and 6) unfair values being placed on the mobile homes: Rosalinda Bueno, 1689 Broadway, #43 - Twin Palms - 2 year resident Aracely Moreno. 1689 Broadway, #3 - Twin Palms - 3 year resident Rosa Alvarez, 1689 Broadway, #35 - Twin Palms - 5 year resident Joana Mayoral, 1689 Broadway. #10 - Twin Palms - 6 year resident Jose Aguirre, 1689 Broadway, #38 - Twin Palms - 3 year resident (had not been informed of the park closure) William Rodriguez, 568 Palomar Street, #10 - Palomar - 1 month resident Armando Katano, 1689 Broadway, #40 - Twin Palms - 3 year resident Cynthia Fa~ey, 1689 Broadway, #14 - Twin Palms - Mother is a 7 year resident Emilia Sandoval - 568 Palomar Street - Palomar Emma Perez Latima Cortez - Rose Harbor, stated there were spaces available but they were not sufficient size to accommodate the mobile homes in Palomar or Twin Palms. Dexter Goody, 2605 Camino de Rio South, Suite 111, San Diego, CA 92108, representing California Association of Mobilehome Owners, spoke on behalf of low-income persons being displaced without the City following the ordinance. These people are use to living in their homes and are not interested in receiving welfare or living in low-income housing. They have a right to adequate provisions of the ordinance as they are homeowners and not tenants. Mayor Nader informed the audience that discrimination, whether due to race or children, was illegal and that anyone in the audience that felt they had been discriminated against should contact the City's Fair Housing staff in order to obtain information on how to file legal charges. He questioned the listing referred to by several of the speakers regarding spaces available in various parks. Ms. Girbes responded that the list was signed by a woman that had been hired by the park manager to assist with the closing of Twin Palms and she was no longer employed there. Minutes November 19, 1991 Page 6 Councilman Moore questioned whether the City should become involved and if so why. He felt it should be referred back to staff for the rationale of file pro's and con's, whether the City should be involved or not, if so should taxpayers money be utilized, where that source of funds would come from, and the impact upon other projects if funds were allocated. It was time for the Council to "bite file bullet" and make a decision as to whether the City should get involved. MS CMoore/Nader) to refer to staff to determine the pro's and con's of becoming involved, rationale why the City should become involved, where the source of funds will come from, and what other programs will be cut due to reallocation of funds, ff any. Mayor Nader requested that the motion include a specific time set for report back to Council. Mr. Salomone informed Council that staff felt thirty days would be acceptable. Mayor Nader expressed his concern with a thirty day period as Twin Palms will be closing on 1/5/92. He felt the information being requested was policy options and stTaightforward. He also felt it would be useful for staff to review where these parks are regarding the closure ordinance and if necessary to provide bi- lingual information to the residents of the parks. AMENDMENT TO MOTION: (Nader/Moore) refer to staff with a report back on December 10th and to ascertain the standing of the park closures in relation to the dosare ordinance and to provide bi-lingual notice to the park residents (Twin Palms and Palomar). Councilman Malcolm stated he was ashamed that the Council had turned their backs in the past. Council was aware this was coming and he felt the bottom line was that Council needed to decide whefiler they want to solve the problem or not. It was his understanding that the park the Council was most concerned with was Twin Palms, which will close 1/15/91. There are five people that own their mobile homes that have lived there for over three years and have not been relocate& Council can tell staff tonight to solve those five problems, i.e. owner relocate or City able to relocate, if not, give KOA a variance in their permit to allow those to stay there permanently, not able to rent, sell or change owners. He felt staff should be directed to come back to Council with appropriate resolutions or conditional use permit, whatever it takes, which would allow those trailers to be moved in there immediately. Once those problems are solved Council can then move on to Palomar in order to solve those problems. There needs to be a long Lerm solution and he felt the only solution was to build a relocafion park. AMENDMENT TO MOTION: CNader/Moore) to include in the report to come back to Council action that would grant the appropriate variances to KOA to accommodate those who have lived in Twin Palms for three years or longer. Councilwoman Grasser Horton requested incorporation into the motion that staff contact every park owner to see what spaces are available in order to relocate some of these people in a park first before granting a variance to KOA. AMENDMENT TO MOTION: (Nader/Moore) to have staff contact all park owners in an attempt to relocate some of the mobile home owners in a park prior to granting a variance to KOA. VOTE ON MOTION AS AMENDED: approved unanimously. Mayor Nader stated it was his understanding that a previous motion by Council was to have staff bring back a change in policy which would quit encouraging the closure of the parks. That encouragement comes from the zoning of the parks which encourages park owners to close them and convert to a more profitable use. Minutes November 19, 1991 Page 7 The City Attorney has included a recommendation which he felt should be adopted until there is a working relocation facility or plan in place. MS (NaderflVlalcohn) to direct the Planning Department to process a zone change over those parcels in the City on which there is currently a mobilehome park land use, but which is not curren~y zoned MHP, to change the zone to lVlHP. Councilman Malcolm did not feel the answer was to keep the existing parks, many of which are nandown, but to build a relocation park. He felt the City Attorney's memo stated that one might question a taking if there is spot zoning without setting public hearings and amending the general plan. He did not like the approach as he did not feel it was good government. Mayor Nader stated that Council had gone round and round with this issue and the fact was that a site had not been agreed upon and a relocation park was not built. It was now important to make sure that this did not happen again in the next three years while Council is trying to decide what their involvement should be. Councilman Rindone stated the previous relocation park was a complex issue but he wanted to make sure that there was not a false sense that the City would finance a relocation park. It is only one option that should be reviewed and the motion tonight would allow the staff to look at that option along with alternatives. Councilman Moore stated he could not support the change in zoning. There are a number of trailers that are sub-standard that need to be phased out. He did not feel that a relocation park would be the answer to all the park closures as it would only be able to handle a percentage of the relocations. Council has addressed this issue with the setting aside of other low-income housing throughout the City. Councilman Malcolm agreed that taxpayers monies should not be utilized to build a relocation park, but he felt there were other options available to the City. He also felt that it was a shame that when a site is reviewed, it was the general consensus that it was not wanted "in my backyard". Mayor Nader stated there could be other solutions to a relocation park but until something is in place he felt that parks should not be encouraged to close. He wanted something in place where the City knows that people will be artually relocated. Councilman Rindone stated he could not support the motion and expressed concern over the safety issues. This would only delay the situation and be a step backwards, Council needed to find a solution. VOTE ON MOTION: motion failed 2-3 with Councilmembers Grasser Harton, Moore, and Rindone voting no. Council recessed at 8:53 p.m. and reconvened at 8:58 p.m. 13. REPORT GRANTING DEVELOPMENT IMPACT FEE (DIF) CREDIT FOR RIGHT-OF- WAY DEDICATION, KELTON PROJECT, SOIJTHFd~T CORNER OF OTAY LAKES ROAD AND EAST STREET - At the 8/27/91 meeting, Council directed staff to prepare a report relative to the applicant's request for DIF credit for right-of-way dedication which was a condition of their development. Staff was instructed to consider what had been required on past projects and was directed to include a discussion of impacts which might result from granting DIF credit for right-of-way dedication. Staff recommends Council accept the report and require full dedication with no DIF credit given for said dedication. (Director of Public Works) Continued from the meeting of 10/22/91. STAFF REOUESTS ITEM BE REMOVED FROM THE AGENDA 15764 Minutes November 19, 1991 Page 8 BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS PUH.F.~ FROM THE CONSENT CAI.RNDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) a. Informed Council that the Parks and Recreation Department was conducting a park naming contest and requested any input the Council may have regarding this proposal. b. Letter from City of Ca~sbad offering to make a presentation to Chula Vista City Council on the need of a temporary trash diversion plan. Mayor Nader stated that two members of the Council have had extensive conversations with Mayor's Lewis and Harmon and Council took further action two weeks ago by appointing two Councilmembers to the delegation to the SANDAG process. 15. MAYOR'S REPORTf S) a. The County Board of Supervisors had been requested by the North County cities to reconsider their action last September in which they did not vote diversion of North County trash to the South County landfills. On a 4-1 vote the Board declined to reconsider their earlier action. Councilman Moore felt diversion was being overtaken by events and that Council should spend their time and talents into working with the County to get the Water Quality Control Authority, regional and state, to expedite their meetings. The North County Mayors have agreed to entice the Authority to accept and review the EIR. If it can not be expedited through this process, maybe the City should go for emergency legislation to protect the expansion of the landfill, to get away from diversion, and insure that the landfill in San Marcos is expanded in a timely fashion. Councilman Malcolm stated that the Legislative Committee would review this issue. b. Ratification of appointments to the Growth Management Oversight Commission. MOTION: (Nader) to ratify the appoinUnent of Judith A. Sullivan, Frank A. Taranljno, Hubert A. Christensen, Steven Jay Harm, W~I T. Hyde, Xema M. Jacobson, Nancy L. Palmet, and Charles G. Peter to the Growth Management Oversight Commission. Motion failed for lack of second. 15765 MS (Moore/Malcolm) to trail the appointments to the Growth Management Oversight Commission to the next meeting, with full Council attendance, for further discussion and motion up or down regarding appointments to this most valuable committee in its advisory capacity and action. Minutes November 19, 1991 Page 9 Councilman Moore felt this Commission was one of the most important to the City and also very costly in staff time due to the depth they go into to collect information in order for the Commission to make recommendations to the Council. He firmly believed that the members should be appointed via the full Council interview process similar to the Planning Commission, Montgomery Planning Committee, Bayfront Sub-committee, Mobile Home Park Rental Review Committee, Library Board or Trustees, Redevelopment Project Area Committees, Civil Service Committee, etc. Councilman Malcolm expressed his concern with the appointment of four persons in the education field as he was opposed to any appointment of four of any one profession on the commission. He felt information should have been included in the packet which stated the number of members and slots to be filled, i.e. education, development, etc. No one group should be able to control such an important commission. Mayor Nader stated that six of the eight appointments were originally appointed by the Council after the interview process. All but one of the educators were in that group with the exception of Judith Sullivan. One of the two people that chose not to apply for reappointment held an educators seat, that was Lupe Jimimez, and she has to be replaced by an educator. Therefore, he was recommending Judith Sullivan. If the motion is passed, the number of educators would be the same as when they were set-up as a special committee. SUBSTITUTE MOTION: (Malcolm/Moore) to direct the City Council/Mayor Secretary to poll the Council in order to set a Saturday to interview candidates to fill the vacancies to the Growth Management Oversight Comm/ssion. Mayor Nader stated he would vote against the motion as direction given in the past by the Council was to have the Mayor submit appointments, which is the procedure for non-charter appointments, and he felt it was appropriate to continue with that procedure. He also felt the Commission needed to be established in order to get underway. VOTE ON SUBSTITUTE MOTION: approved 4-1 with Mayor Nader voting no. 16. COUNCIL COMMENTS Councilman Malcolm: Stated that a draft of the City Council Procedure Manual had been given to all Councilmembers for review. Copies have also been sent to all Mayors that have served from 1980 to the present. He would like all comments returned in two week so that he can get a draft back to Council in three weeks for review. All comments will be included with the final recommendation. This will be brought back on December 10th and if a full Council is not in attendance, it will be carried over. Councilman Moore: Stated he was surprised to hear that panhandling on private property was occurring that was bordering on assault. It would appear that there is some question by law enforcement authorities as to what they should do. He requested that the City Attorney advise the Council on this issue. City Attorney Boogaard responded that he would have to study the issue and would report back regarding legal alternatives. Minutes November 19, 1991 Page 10 , Councilman Rindone: Wanted to make sure that the Council was in agreement on how the Procedure Manual would be reviewed as he felt that one step was being deleted. There may need to be a revised draft once all comments are received. Councilman Malcolm questioned whether two weeks for review and comment with a revised draft ready the third week would be acceptable. Councilman Rindone felt that would be appropriate. ADJOURNMENT The City Council recessed at 9:18 p.m. and met in closed session at 9:21 p.m. to discuss: Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6. Potential litigation pursuant to Government Code Section 54956.9 - SR-12S Proposal. ADJOIrRNMENT AT 10:25 P.M. to the regular City Council Meeting on November 26, 1991 at 6:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency met at 9:20 p.m. and adjourned at 10:25 p.m. A Special Meeting of the Industrial Development Authority met at 9:18 p.m. and adjourned at 9:20 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy Ci~4erk