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HomeMy WebLinkAboutcc min 1992/08/18 MINUTES OF A REGULAR MEETING OF THE CITY' OF CHULA VISTA Tuesday, August 18, 1992 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Horton, Malcolm, Rindone, and Mayor Nader. ABSENT: Councilman Moore ALSO PRESENT: John D. Goss, City Manager; Richard Rudolf, Assistant City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF AI.I.~GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OFMINIrFES: None. 4. SPECIAL ORDERS OF THE DAY: None. CONSENT CATJ~NDAR (Item pulled: 6) BALANCE OF CONSENT CALENDAR OIq'ERED BY COUNCILMAN RINDONE, reading of the text wa~ ~ passed and approved 4-0-1 with Councilman Moore absent 5. WRrl-rEN COMMUNICATIONS: None. 6. ORDINANCE 2524 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE RELATING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (F. DC) (first reading) - On 10/9/90, Council amended Section 2.30.020 and 2.30.060 to expand EDC membership from seven to nine commissioners. The recommended ordinance is being proposed by the Economic Development Commission and provides language outlining specific areas of expertise which should be drawn from in Councfl's selection of appointees. The purpose is to encourage a well balanced membership representing expertise vital to the EDC's role in developing, recommending, and implementing economic development strategies. Staff recommends Council place ordinance on first reading. (Director of Community Development) Continued from the meeting of 8/11/92. Pulled from Consent Calendar. Councilman Malcolm left the meeting. Albert Gerrer, 694 Myra Avenue, Chula Vista, CA, spoke in opposition to staff recommendation. William Tuchscher, 3633 Bonita Verde Dr., Bonita, CA, spoke in favor of staff recommendation. Minutes August 18, 1992 Page 2 ORDINAN(~ 2524 WAS PLAf~-D ON FIRST READING BY COUNCILWOMAN HORTON, reading of the text was waived, passed and approved 3-0-2 with Councilmembers Malcolm and Moore absent 7. RESOLUTION 16755 AMENDINGCOUNCILPOLICYNUMBERIO4-01TOPROVIDETHATBOARD AND COMMISSION RECOMMENDATIONS SHOULD BE pLACEn ON THE CITY COUNCIL AGENDA PRIOR TO ACTION ITEMS - At the 7/28/92 meeting, Mayor Nader suggested that Board and Commission Recommendations come before the action items on the Council agenda. Such a change requires an amendment to Council Policy Number 104-01 dealing with the order of business at Council meetings. Staff recommends approval of the resolution. (City Attorney) 8. RESOLUTION 16757 AUTHORIZING PURCHASE OF LIBRARY BOOKS THROUGH TIIE O'IY OF SAN DIEGO PURCHASE CONTRACT YArlTH BAKER & TAYLOR - Council Resolution Number 6132 authorizes the City to participate in cooperative bids with the City of San Diego for the purchase of materials or supplies of common usage. The City of San Diego has awarded its contract for library books. The City is able to purchase its books at the San Diego contract prices. Staff recommends approval of the resolution. (Director of Finance) 9. RESOLUTION 16750 APPROPRIATING FUNDS, ACCEFrING BIDS AND AWARDING CONTRACT FOR "CROSS GUt tPl REMOVAL AND INSTALLATION OF STORM DRAIN FACILITIES AT HILLTOP DRIVE AND NAPI.I~S STREET' - On 7/28/92, sealed bids for the project were received. Work includes traffic ~ control, removal and disposal of existing improvements, relocation of existing facilities, excavation and .,.) compaction, asphalt concrete pavement curb and gutter, sidewalk pedestrian ramp, driveways, adjustment of manhole and gate valves, various drainage inlets and structures, shoring, reinforced concrete pipe, a street survey monument, construction surveying, protection and restoration of existing improvements, and other miscellaneous work. Staff recommends approval of the resolution, acceptance of the bids and awarding the contract to Overson-Rand Corporation. (Director of Public Works) 4/Sth's vote required. Continued from the meeting of 8/11/92. 10.A. RESOLUTION 16758 APPROVING THE INITIATION OF PROCRRr}INGS AND DESCRIBING THE IMPROVEMENTS FOR OPEN SPACE DISTRICT NUMBER 23 (OTAY RIO BUSINESS PARK9 - In order to initiate the proceedings for the formation of open space districts, the City Engineer must prepare and file a report in accordance with the Streets and Highways Code. This resolution will begin the process for the formation of the open space district for Otay Rio Business Park. Staff recommends Council: (1) Approve the Engineer's Report; (2) Declare the Council's intention to form the proposed district in accordance with Section 17.07 of the Municipal Code and Section 22587 of the Streets and Highways Code; (3) Direct the City Clerk to notice the public hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code; and (4) Set 9/15/92, at 6:00 p.m., as the date and time for public hearing. (Director of Public Works and Director of Parks & Recreation) B. RESOLUTION 16759 ACCEPTING REPORT AND DECLARING THE CITY'S I~ON TO ESTABLISH CI-RJLA VISTA OPEN SPACE DISTRICT NUMBER 23 (OTAY RIO BUSINESS PARK) AND SETTING THE TIME AND PLACE FOR HEARING THEREON 11. RESOLLrHON 16760 GRANTING AN EASEMENT TO THE SAN DIEGO COUNTY WATER AUTHORITY THROUGH OPEN SPACE LOT F 1~ 11602, BONITA LONG CANYON ESTATES NUMBER 3, -' ACCEFr THE OFF~g OF $4,894.00 AND A~ORIZE THE MAYOR TO EXECUTE THE DERn ON BEHALF Minutes August 18, 1992 Page 3 OF THE CITY - The County Water Authority has requested an easement for the purposes of installing a new 72 inch water main across Open Space Lot F within the Bonita Long Canyon Open Space District (Open Space District Number 14), The Water Authority currently has an 80 foot wide easement for existing facilities, This will add an additional 6S feet to that easement. Staff recommends approval of the resolution, (Director of Public Works and Director of Parks & Recreation) Councilman Malcolm asked Fred Clark, representative from San Diego County Water Authority, if the Water Authority was agreeing to totally restoring the property to its present condition, He said that the agreement did not say that. Mr, Clark, 3211 Fifth Avenue, San Diego, CA 92103, responded that was correct, it was in the specifications and the plans. Mayor Nader stated that if there was no objection, the agreement should be mended to reflect that the Water Authority agreed to restore the pared to iEs original condition. Mr. Clark agreed to the amendment. Mayor Nader stated, hearing no objection, the amendment would be part of the consent calendar. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RRIATED RESOLUTIONS AND ORDINANC~-~ 12. PUBLIC HEARING TO FORM CHULA VISTA OPEN SPACE MAINTENANCE DISTRICT NIJMBER 26, PARK BONITA - On 7/21/92, Council approved the Engineer's Report on the proposed Open Space District Number 26, Park Bonita and set 8/18/92 as the date for a public hearing on the proposed formation. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) RESOLUTION 16761 ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN SPACE MAINTENANCE DISTRICT NUMBER 26, PARK BONITA, AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR SAID Dlb'IRICT This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLDTION 16761 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-0-1 with Councilman Moore absent ORAL COMMUNICATIONS a. Carolyn Butler, 97 Bishop St., Chula Vista, CA 91911, thanked Councilwoman Horton for send'mg her a very nice letter regarding the recent issues that they had been discussing in Council Chambers. She asked that the Council assist to resolve the issuing of warrants in lieu of regular paychecks for County employees paid by the State of California. Minutes August 18, 1992 Page 4 Mayor Nader thought they would all like to see Sacramento adopt a budget and stop issuing warrants. He did not know what more they could do beyond the communication from themselves and staff suggesting that the State resolve the issue quickly. Councilwoman Horton stated if the State was issuing warrants to their employees, they should give themselves warrants instead of a regular paycheck. Mrs. Butler asked that the governor, every senator, every assemblyman and every state official down to the City level have their paychecks held for thirty days. b. Joe Garcia, 484 Fifth Ave., Chula Vista, CA, stated that he had read with interest the articles about the vehicles being used by City officials and saw nothing wrong with that. He also stated that in the recent past there seemed to be a great deal of political controversy regarding waste disposal, dumps, and where it was going to be put. It was accumulating faster than it could be put away throughout the County, throughout the State, and throughout the Nation. He suggested that the waste disposal matter be taken out of the hands of the politicians and turned over to science. BOARD AND COMMISSION RECO~ATIONS None submitted. ACT[ON ITEMS 13. RESOLUTION 16762 SETlING PRIORITIES FOR FILING WRI'I'I'EN AKGUMENTS REGARDING CrlY MEASURES AND DIRECTING THE CITY ATEORNEY TO PREPARE AN IMPARTIAL ANALYSIS - At the meeting of 8/4/92, Council called the November, 1992 election, to fill two vacant council seats, requested consolidation with the Statewide general election, and directed five Chaffer amendments to be placed on the November, 1992 ballot. Staff recommends Council approve the resolution and accept the report. (City Attorney) REPORT NOTICE OF TRANSMITrAL OF CITY ATTORNEYS IMPARTIAL ANALYSIS OF BALLOT IVIEASURES, AND ADVICE REGARDING AUTHORIZING BALLOT ARGUMENTS Richard Rudolf, Assistant City Attorney, stated that on page 13-28 in Section One of the proposed resolution, the Mayor needed to select which Councilmembers were going to be authorized to prepare and sign the arguments. In the absence of designation by the Mayor, the Clerk would have to follow the statutory rules with regard to which argument would be given preference. Councilman Rindone suggested that unless a Councilmember did not concur with one of the measures, it would show unanimity for the various measures to be signed by all Councilmembers. MSC (Rindone/Horton) to authorize the Mayor to write arguments for Council's signature. Approved 4-0-1 with Cotme~man Moore absent Councilman Rindone had a concern on Measure M, page 13-12, middle paragraph, that it was drafted incorrectly. It stated 'less than two years" and should read 'for the initial term of two years or less.' There should be a second correction on the next to the last line in that same paragraph which stated 'initial term of two years or greater" and should read "initial term of less than two years.' In practicality, maybe Council Minutes August 18, 1992 Page 5 was not as timely in maldng the motion and it would actually be less than two years, so maybe it was technical. He asked the City Attorney to share what their options were to make the corrections. Assistant City Attorney Rudolf stated that staff had checked with the Registrar to see if any changes could be made. When the ballot items and the language for the proposed Charter changes were approved they were sent to the Registrar. An item in that resolution reserved the right for Council to make changes up until the close of the public review period by the Registrar with regard to the ballot items. They had hoped they could rely on that language to just telephonically contact the Registrar and have that change be made. The Registrar had two obstacles to the change being made. One was that the language had already been sent to the printer so despite the apparent reservation in the Councfl's resolution, it was physically too late for her to make the change. She was concerned that even though it was a very minor technical change, it would set a precedent for other changes. However, she was taking it under consideration and would check with the County Council office the next day and get back to staff as soon as she could. The second more significant problem was that the paragraph reserving the Council's right to make the change set it up so that Council could make that change but it had to be pursuant to a 4/Sth's vote by Council in a public hearing. As a practical matter, when creating new boards and commissions, they were never up and running until after the furst of the fiscal year so the people who drew short terms would always serve less than two years. Therefore, under the existing language it would not be a practical problem. Councilman Rindone said it was an unusual circumstance. The correction should have been made in the Charter initially. He hated to request voters to vote on something inappropriate. What bothered him was that if there had been a major change, and what they were talking about was relatively a minor change, the way it was brought to them tied their hands if they had discovered something else. It should have been initiated at a public hearing in case there was a correction to be made. He encouraged staff to make the correction of "two years or less" administratively with the Registrar. RESOLLrFION 16762 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-O-1 with Councilman Moore absent. ITEMS PULLED FROM THE CONSENT CAI.RNDAR Item pulled: 6. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. · City Manager Goss reminded Council that there would be a Redevelopment Agency meeting on Thursday, 8/20/92 at 4:00 p.m. · City Manager Goss distributed information on the dates for the Joint Workshop and Public Hearings with the County regarding Otay Ranch. He called to Council's attention that the Thursday, 8/27/92 date had been crossed off. In checking with the County Board, they indicated availability on Wednesday morning, 9/30/92. He requested that Council advise staff if that date would be satisfactory. A tentative date for the public hearing and the adoption of the general development plan for Otay Ranch, was originally set for Wednesday, 12/2/92. Unfortunately C-Sac was going to be meeting in Palm Springs and Leon Wflliarns, a member of the Board was President of C-Sac and would not be able to be at that meeting. The County Minutes August 18, 1992 Page 6 Board wanted the full Board at all of the meetings so Monday, 12/7/92 had been set as an alternative date. In terms of the current Council, that was the last date in which any type of action could be taken since there would be a change of the Council on 12/8/92. He asked that Council get back to him on their availability on those dates. Mayor Nader pointed out that the meeting scheduled for Tuesday, 11/17/92 from 6 to 10 p.m. was normally the regular City Council meeting date. He said if they were going with that date they needed to look at whether they wanted to cancel the regular business meeting. Councilman Rindone stated that his concern was that the 8/27/92 meeting had originally been scheduled to be held in Chula Vista. In changing that meeting to 9/30/92, it also changed the meeting location and he felt that Council had an obligation to ensure that the citizens of Chula Vista had equal access to those hearings. He stated that it was not good planning to purposely schedule the last meeting on the last date possible. He strongly urged some date other than 12/7/92, simply from the standpoint that they may need extra time because something could not be resolved and they needed another meeting date. City Manager Goss stated that it was not done purposely. They tried the 3rd, 4th, 5th, etc. and in terms of County availability, that was the only other date that they had that would fit into Chula Vista's parameter of the end of terms for the current Council. He stated that it was actually a backup meeting and the hope was that the last meeting would actually be 11/24/92. Mayor Nader concurred with Councilman Rindone that the rescheduled 8/27/92 meeting should be in Chula Vista as originally planned. He said if it was inconvenient for the County because of their business schedule to have the meeting on 8/27 then he thought that maybe it was inconvenient for the City because of their business schedule to have one on 11/17/92. He thought it was a little bit unseemly and in his own personal judgment, inappropriate either in perception or in reality if they were rushing to get the whole Otay Ranch decided before new councilmembers and new supervisors took office. Speaking for himself, if as a result of elections for the Board of Supervisors or the City Council candidates were to take office who had a different direction that they wanted to go in which was clea~y articulated and their votes could make a difference he would want to hold off to give the people's will an opportunity to be implemented. That would happen any way because a motion for reconsideration would be in order within that time. He hoped that any candidate for supervisor or council would join them in the glorious task of thoroughly reviewing the EIR and all the planning documents for Otay Ranch. Certainly councilmembers were gong to be taking office within the period in which reconsideration would still be in order. He hoped personally that the election dates, swearing in dates, and so forth would not be the governing consideration for setting the meeting dates. City Manager Goss stated that it was a direction they had been operating under at both the county and city level. That was discussed at the last joint meeting on the sixty day review period as to whether or not that was likely to occur and it was anybody's guess at that point. Councilwoman Horton asked when the end was of that sixty day period. City Manager Goss responded that as it worked out technically it was more like 62 or 63 days, toward the end of September of first part of October. The document would then go to the Planning Commission and subsequently to the Council and the Board. Staff thought that Council would first look at that draft EIR on one of the November dates. Mayor Nader asked if there was a tentative schedule yet of the subjects to be covered at each of the meetings. Minutes August 18, 1992 Page 7 George Krempl, Deputy City Manager, responded that tentative agendas had been set. Mayor Nader stated that he would like to see the list as soon as possible. He made that request a while ago and what he got back was simply a schedule of dates for the meetings. He thought it was important that they have a schedule for covering the various subjects that the project involved so that if members of the public were interested in a particular aspect of the project they would know when it was going to be coming on. He asked if staff was going to take those comments back to the County and circulate the remaining dates for other Councilmembers' approval. City Manager Goss stated yes they would circulate the dates for Council. He stated that the cancellation of the 8/27/92 meeting date was not due to their conflict with business, it was just that they apparently took a couple of weeks off at the end of August for their vacation scheduling. b. City Manager Goss stated that there was nothing new on the budget. 15. MAYORS REPORTfS) a. Designation of voting delegate for League of California Cities Annual Conference in Los Angeles scheduled for Saturday, 10/10/92 through Tuesday, 10/13/92. MSC ~tHorton/Rindone) to nora/hate the Mayor as the voting delegate for the League of California Cities Annual Conference. Approved 3-0-2 with Councilmembers Malcolm and Moore absent. b. Ratification of anl~ointments to Boards/Commissions/Committees: Board of Ethics: Janet Richter; International Friendship Commission: Maria Capetanakis, Gabriela Carman and Felix Bruno De La Mata; Economic Development Commission: Earl J. Johnson; Human Relations Commission: Gloria Hicks; Parks and Recreation Commission: Carmen Sandoval; Safety Commission: Robert Thomas. MSC (Nader/Horton) for ratification of the appointmenw. Approved 3-0-2 with Councilmembers Malcolm and Moore absent. 16. COUNCIL COMMENTS Councilman Rindone a. Councilman Rindone had an opportunity to visit the grand opening of the Mall of America in St. Paul, Minnesota. He provided a map and description of the Mall of America to the City Manager and his colleagues for their information. He stated that it was so large that the entire Metrodome could be put inside and it would not fill it up. It was the second largest mall in the world, had four major anchors, was four stories, and had four and a half million square feet of stores. In the center was Camp Snoopy which was the east coast version of Knotts Berry Farm. They were averaging over a hundred thousand people da~y and yet it was very manageable. It was exciting to see first hand and was absolutely incredible. It was certainly going to favorably influence the economy of the entire area. Minutes August 18, 1992 Page 8 Councilwoman Horton said she contacted the developer that did the Mall of America to show them the Bayfront and unfortunately with the economic crisis, they were not interested which was too bad for Chula Vista. Councilman Rindone stated that 50°/8 of the funding came from the Teachers Union and National Education Association and 25% by each of two land developers. AD,IOURNMENT Adjourned at 7:02 p.n~ to the Regular City Council Meeting on August 25, 1992 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk