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HomeMy WebLinkAboutcc min 1992/11/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 3, 1992 Councfi Chambers 4:00 p.m. Public Services Bufiding CALL TO ORDER 1. ROll. CALL: PRESENT: Councilmembers Horton Carrived at 4:20 p.m.), Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, CityManager; Bruce M. Boogaard, CityAttorney; and Beverly A. Authelet, City Clerk 2. pI.RnGE OF AIJ.F..GIANCE TO THE FLAG. SILF. JqT PRAYER 3. APPROVAL OF MI~: August 26, 1992 (Joint Meeting of the City Counc~ and Otay Water District Board of Directors), October 20, 1992 and October 22, 1992. MSC (lVloore/Nader) to approve the minutes of August 26, 1992, October 20, 1992, and October 22, 1992 as presented. Approved 40-1 with Hotton absent. 4. SPECIAL ORDERS OF THE DAY: a. Presentation of Plaque and Video by EastLake Devdopment Company Reco~t, ni~ing the Citlfs Participation in the Eastl~ke South Bay Sununer Gaines - Katy Wright representing the EastLake Development Company presented a plaque to Jess Valenzuela, Director of Parks and Recreation, in recognition of the City's support and participation in the organization and implementation of the 1992 EastLake South Bay Summer Games. EastLake also showed a short video related to the event. b. proclaiming the Month of November 1992 as "SPAY/NEUTER YOUR PET MONTH' - The proclamation declaring the month of November 1992 as "SPAY/NEUTER YOUR PET MONTH' was presented by Mayor Pro Temp Malcolm to William Will, Senior Animal Control Officer of the City. CONSENT CAT.RNDAR (Item pulled: 11) BALANCE OF THE CONSENT CAT.RNDAR OFFERED BY MAYOR NADER, reading of the text was ~ passed and approved unanimously with Malcolm abstaining on Item 12. 5. ~d.'l'tl~'q COMMUNICATIONS: a. Letter requesting the City support legislation that would allow tagging of beer kegs throughout the County to reduce underage drinking - Linda L. Orvec, Executive Director, ADAPT CFhe Alcohol and Drug Abuse Prevention Task Force Coalition, Inc.), 5384 Linda Vista Rd., Ste. 304, San Diego, CA 92110. It is recommended that Council direct staff to prepare a letter of support in concept of such a program, pending specific legislation being prepared. Councilman Malcolm stated that the item would be included in the legislative program. Minutes November 3, 1992 Page 2 6. ORDINANCE 2533 ESTABLISI-~NG ~ 'F~ ~GRAPH CANYON SEWER DEVELO~ IMPACT FEE TO PAY FOR pAR.kI_I.F.I. SEWER IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMlTS FOR CONb-IKUCTION IN THE TF.I.RGRAPH CANYON SEWER BASIN ffrrst reading) - In compliance with the Telegraph Canyon Sewer Basin Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan. This plan and a subsequent addendum provide recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in the basin and proposes a fee of $184 per Equivalent Dwelling Unit (EDU) to finance the construction of these improvements. This is a one time fee paid when building permits are taken out and is not an ongoing fee. Staff recommends Council place the ordinance on first reading. (Director of Public Works) Continued from the meeting of 10/27/92. 7. RESOLUTION 16836 APPROVING AN EXTENSION OF THE AGDRRMENT WITH REMY AND THOMAS FOR LEGAL CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRF-RMENT - Staff is requesting that Remy & Thomas continue environmental legal review of the Oray Ranch Environmental Impact Report and supporting documents. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 8. RESOLUTION 16856 AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTIONS 34090 AND 81009 - Government Code Section 34090 authorizes the destruction of City records which are over two years old if those records are no longer required to be maintained. Government Code Section 81009 authorizes the destruction of original Statements of Economic Interests which are over seven years old after termination from office. Other records being requested to be destroyed: campaign statements for unsuccessful candidates for elected office five years after failure to be elected; nomination papers for Council members four years after termination from office and unsuccessful candidates; and, unsuccessful applications for Port Commission and Council after two years. Staff recommends approval of the resolution. (City Clerk) 9. RESOLUTION 16857 APPROVING THE 1991-92 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPAR'[MF. NT OF HOUSING AND URBAN DEVELOPMENT - The City annually submits a Grantee Performance Report (GPR) to the U.S. Department of Housing and Urban Development (HOD). The GPR provides detailed information on the use of Community Development Block Grant (CDBG) funds including the progress achieved and the status of funds. HUD reviews the GPR and evaluates whether the City has carried out its activities in accordance with the City's 1990-93 Community Development Plan and federal requirements. Staff recommends this item be pulled from the Consent Calendar and tabled. (Director of Community Development) 10. RESOLUTION 16858 FINDINGTHATTHEYOUTHCOMMUNITYCENTERWILLBENEFIT THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE FACILITY AND THE PROJECT AREA IS LOCATED AND THAT NO OI'HF.R REASONABLE MKANS OF FUNDING WAS AVAILABLE TO THE COMMUNITY - In 1988, the Kedevelopment Agency approved a $1.8 million Capital Improvement Project to finance the Chula Vista Youth Community Center located on the northeast comer of "L" Street and 5th Avenue. When the Redevelopmerit Agency approves financial participation in a redevelopment related public project, certain findings must be made by Council. The required findings were not made at the time, therefore, staff recommends Council make the appropriate findings for auditing purposes. Staff recommends approval of the resolution. (Director of Community Development) Minutes November 3, 1992 Page 3 11. RESOLIJTION 16859 AIJTHORIZING TEMPORARY STREET (~OSLIRES ON MONDAY, DECEMBER 7, 1992, FOR THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION TO CONDUCT THE ANNUAL STARLIGHT YULE PARADE; AND WAIVING OF PEES FOR CITY-PROVIDED SERVICES - The Chula Vista Downtown Business Association is requesting permission to conduct the annual Starlight Yule Parade on Third Avenue on Monday, 12/7/92. Staff recommends approval of the resolution. (Director of Parks & Recreation) Pulled from the Consent Calendar. Councilman Rindone stated his concern was with staffs description of the fiscal impact and felt the report should have reflected the items described. He was in support of the item but concerned that the true costs were not reflected. RESOLUTION 168.59 OFP'I~IED BY COUNCILMAN RINDONE, reading of the tex~ was waived, passed and approved unanimously. 12. RESOLUTION 16860 DECLARING U'iTS INTENTION TO UNDERGROUND OVtfIH-IFAD UTILrflES ALONG ORANGE A~ FROM THIRD AVE/qUE TO FOURTH AVENUE AND SETlING A PUBLIC HEARING FOR THE FORMATION OF A UTILITY UNDERGROUNDING DISTRICT ALONG SAID STREET SECTION -On 11/12/91, Council accepted a report on the City's Utility Undergrounding Conversion Program and approved a revised list of utility underground conversion projects. The subject section of Orange Avenue was ranked as the 16th utility conversion project in the City's adopted program. However, consumction of the public library at the southeast corner of Orange and Fourth Avenues signi~can~y changes the ranking and made the subject street section a top priority. On 10/22/92, an Underground Utility Advisory Committee (UUAC) meeting was held to consider the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The districes limits extend along Orange Avenue between Third and Fourth Avenues. Staff recommends approval of the resolution. (Director of Public Works) City Manager Goss stated the undergrounding was critical in terms of timing. It needed to be done so when the roadwork for the library was started in the southern part of the City the undergrounding work would be done at the same time. Councilman Malcolm stated he would abstain from participation due to the ownership of properly in the area even though the property already had underground utilities. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS ® Donald M. Swanson, 187 Murray Street, Chula Vista, CA, representing the Hilltop High PTSA and Southbay Substance Abuse Task Force, requested that Council request from the City Attorney an ordinance that would require the police deparhnent to cite the homeowner or principal occupant a fee for every time an officer had to return to a residence on a complaint. He acknowledged Sgr. Tom Leonard and suggested that he be awarded a 10% fee of the first year's revenues for his recommendation. Councilman Moore stated that was not a new subject to Council as they had discussed it approximately one year ago. Minutes November 3, 1992 Page 4 . ) City Manager Goss stated it was either in the Master Fee Schedule or staff was working on bringing it back to Council for review. City Attorney Boogaard stated it was a subject of referral to his ordinance on Second Call provisions requested by ADAPT. Their legal research had indicated that they could have constitutional problems with such a provision even though it was uniformly adopted throughout the county although it was not currently being enforced on a wide spread basis. Staff would be bringing it forward. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 13. RESOLUTION 16861 APPROVING A LEASE AGRRRMENT WITH THE CI-FtJIA VISTA A~CAN LEGION POST N'tJMBER 434 INC., AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The City and the American Legion Post have contracted with each other for various lease agreements since 1941, when the City approved a lease to the American Legion for a building site in Eucalyptus Park. In 1986, Council changed the Legion's lease to a month-to-month in order to work with the Legion to consider site and building improvements. A two-year lease agreement was approved by Council on 2/27/90 and expired in February 1992. Under consideration is a proposal for a new lease agreement with the American Legion and the conditions agreed to by the Legion. Staff recommends approval of the resolution. (Director of Parks & Recreation) Jess Valenzuela, Director of Parks and Recreation, reviewed the proposed lease. The Legion had noted one concern with the staff recommendation and that was the provision for earthquake insurance. They felt they could not afford it and that it was not necessary. The amount was unknown when the report was written but after speaking to the Risk Manager she had informed them that the Legion would have to procure a "Difference in Conditions" policy that could range anywhere from $2,500 to $5,000 minimum annual premium. Councilman Rindone questioned what "financial and other reasons' were and whether the Legion was overwhelmed with the enormity of the expectations. Mr. Valenzuela responded that if a new facility was built the City was to establish a buildable pad. The engineeringstaffestimatedthosecostsatapproximately$216,000. ItwashisunderstandingthattheLegion found it would be overwhelming financially and, in addition, they had dropped their bingo operation which was one of their major fund raisers. Councilman Rindone stated it was his understanding that there was concern over the plumbing improvements required for the facility improvement. He questioned whether the amounts in the report included those estimates. Ken Larsen, Director of Building and Housing, responded that the $100,000 that the American Legion proposed to put toward the construction renovation did include minor plumbing repairs on the inside of the structure. It did not include sprinklers, off-site plumbing, or off-site sanitation for a future building. MS 0Vlalcolm/Nader} to approve Option B. Councilman Moore stated staff had recommended items 1, 2, 3, and 4, and if item 3 were deleted it would reflect Councfl's intent. Minutes November 3, 1992 Page 5 Councilman Malcolm stated that was his intent. Robert h. McCauley, 1987 Bucknell Street, Chula Vista, CA, representing the American Legion, stated the existing building had adequate plumbing but did not have ADA compliance for the restrooms which was included in the estimate. He referred to Item 9-1 of the lease agreement and questioned why the lease would be terminated if the Legion had paid the insurance premiums. They wanted the opportunity to rebuild the building with whatever insurance proceeds they would receive. He requested the provision be removed from the lease. City Attorney Boogaard stated the provision was not necessarily standard and was specially modified given the adverse and incompatible land use of having the American Legion operation next to a park operation. If a natural disaster occurred and destroyed more than 50% it was a negotiated point that the building should not be rebuilt, the use should not be continued, and the American Legion should try to relocate to a more compatible facility. Councilman Malcolm felt the intent was good but that the clause should be removed. The City should be trying to have the Legion agree to take the insurance proceeds and if the City could provide land that was acceptable to the Legion, have them rebuild in a compatible area. He did not want the City to terminate the lease but if that should happen both parties, in good faith, should arrive at a compatible solution regarding an alternative site. Mayor Nader felt the provision should state that if there was more than 50% destruction the City was obligated to use the insurance proceeds to help rebuild a facility. That facility could be built in another location at the mutual agreement of the Legion and the City. Mr. McCauley responded that the provision was acceptable to the Legion. I tem 9,4 stated the building did not meet current standards relating to earthquake peril and that would be mitigated and questioned whether that should be removed. Item 9.2 referred to the earthquake insurance throughout the term otthe lease and staff had recommended that it only be during the improvement process. MS {Malcom/Nader) to approve staff recommendation (Items 1, 2, and 4), in concept, and direct the City Attorney to bring forward language on relocation and insurance requirements. City Attorney Boogaard stated it was his understanding that Council wanted to use the proceeds of the insurance policy to find alternate housing for the American Legion somewhere in the City but not necessarily in that location or perhaps at a location that the Council could evaluate at the time of destruction. Mayor Nader stated it should be a location mutually agreed upon in good faith by both parties. Councilman Moore did not feel the City should be committed to Finding a location but certainly to assist in finding a location. Mayor Nader clarified the motion to state that Council would approve, in concept, the lease as eonditioned in staff recommendations 1, 2, and 4, deleting 3, and to direct the City A~tomey to come back next week with language that would change paragraph 9, the dames dealing with earthquake insurance and with damage, deleting the earthquake insurance and requiring that when there was more than 50% d~rn~ge there be an obligation by the City m apply insurance proceeds to rebuild the facility at a site to be mutually agreed to in good faith by beth parties. The City would use due diligence in finding such a site. He also wanted to include a waiver of any possible liab~ity on the part of the City in regard to earthquake tl3rn~geo City Attorney Boogaard responded that the public would be his concern, as they would have to sign individual releases as they came into the building. He requested that he be given time to work on additional language for Council review, He had used the word "rebuild' and he used "find alternate housing" because Minutes November 3, 1992 Page 6 rental facilities would probably be easier to locate than rebuilding with the insurance proceeds. He questioned whether Council wanted to give them an option or state "rebuild". Mayor Nader stated he wanted to assure that it was the City's obligation, using due diligence and good faith, to mutually agree with the Legion on a location for their operation. He felt 'other housing" should be left open for the nso parties to negotiate and agree. City Attorney Boogaard questioned whether Council wanted earthquake property and earthquake public liability requirements deleted, even during the time for corrective improvements. Mayor Nader stated it was his understanding that Council did not want to impose any additional insurance requirements on them over what they already had. City Attorney Boogaard stated that they could have the public liability policy as a minimum until the structural improvements were made. After completion of the improvements the requirements could be waived. Councilman Malcolm stated that if the improvements were completed in six months it was not needed but if the improvements took six years then he wanted the coverage. He suggested that the City Attorney contact the head of the Legion and find out what their time flame was. City Attorney Boogaard stated the Legion needed insurance until they were improved. VOTE ON SUBSTITUTE MOTION: approved unanin~ously. ITEMS pUIJ,RI') FROM THE CONSENT Item pulled: 11. The minutes will reflect the published agenda order. OTHER BUSINESS 14. GI-IY MANAGER'S REPORT(S) a. Scheduling of meetings. According to the schedule there was a meeting with the County Board of Supervisors on 11/4/92 at 10:00 a.m. at the County. Due to the review process required on the EIR and responses to the various letters, the hearing schedule would have to be stretched out. It appeared that the workshops on 11/17 and 12/9 would have to be cancelled. There would then be workshops on 11/18 at 9:00 a.m. and 11/24 at 1:00 p.m. There would also be a need for workshops into December as well as January. Council policy provided for no meetings during the last two weeks of December and also no meeting the Tuesday after Thanksgiving. However, due to the schedule of critical issues and time constraints he recommended that the 12/1 meeting be held. Mayor Nader stated he would be at the National League of Cities on 12/1 and would not be able to attend the meeting. Councilman Malcolm questioned when his last meeting would be. He stated that due to his involvement in the negotiations for the Power Center and for the continuity of the time that had been spent on it, Council may want to deal with the issue earlier, before the swearing-in. Councilman Moore stated he anticipated that the new Councilmembers would come on board on the 8th and Councilman Malcolm would be there for the first 10-15 minutes of that meeting. Minutes November 3, 1992 Page 7 City Clerk Authelet stated that the County Registrar of Voters was entitled to th/rly days after the election to certify the election. Therefore, she could not guarantee that the results of the election would be received before the 1st of December. Normally the sweating-in would be December 8th because there would not be a meeting December 1st. If a meeting was held on December 1st the swearing-in would be done at that time. The usual procedure was to have the old Council present and then have the change. Mayor Nader stated that Councilman Malcolm's presence was more important during the fLrSt reading. Councilman Malcolm stated that it needed to be done by December 1st to meet the financing obligations by December 31st. Mayor Nader stated that a special meeting could be called if the first reading passed. He would be absent due to the National League of Cities but there would still be four members present. 15. MAYORS REP0RTfS) · Mayor Nader stated there had been a change in time for the 11/9/92 meeting. The meeting would now be held at 7:00 p.m. to interv/ew and appoint candidates for the Planning Commission and GMOC. He suggested that a sheet with the applicants be circulated, Councilmembers indicate the two or three they wanted to be considered, and indicate whether they wanted the person called in for an interview. If there were applicants Councilmembers felt unfamiliar with interviews could be set. Councilman Rindone stated that Council had recently conducted interviews for the Planning Commission and those interviewed at that time, if still interested, would be viable candidates and would not need to be reinterviewed. 16. COUNCIl, COMMF24TS Councilman Malcolm: Councilman Malcolm referred to a memorandum he had drafted for the Council asking the Council Secretary to contact Counc~members to schedule meetings to resolve outstanding salary matters. Salary increases had been approved for each of the major bargaining groups for the current fiscal year. He felt it was critical for staff to be paid salaries reflective of their talent and the market. He was concerned that without increases they would be recruited to other agencies. He hoped that salary recommendations would be brought before the full Council within two weeks. Six hundred and fifty employees were given raises, fourteen unrepresented employees did not receive raises, seventy-nine mid-mangers did not receive raises, and thirty- three executives did not receive raises. If everyone received a 3% raise effective November 1st it would cost the City under $175,000. Everyone in the City should have an annual review where they were told what they were doing good and what they were doing wrong and what they would have to do to receive a pay increase. Mayor Nader stated the Secretary had been instructed to proceed with setting up times for the evaluation committees to meet. Ultimately the full Council would make the decision regarding the three individuals that were directly hired and fired by the Council. He felt there was a difference between a salary evaluation and a perfornaance evaluation. The raises given to the major bargaining groups were the third raise in a multi-year contract that had been negotiated three years ago. There would be a tight budget next year and he would not want to be put in the position of explaining why employees that were already receiving six digits were given raises in dollar amounts that were far in excess of the raises of any individual employee Minutes November 3, 1992 Page 8 received. If there were non-management positions that were not represented by a union they were not included in what he was talking about. He felt that in a normal year a cost of living increase should be implemented, but given the anticipated budget, he felt an example should be set. Councilman Moore stated he agreed with Councilman Malcolm's comments. Councilwoman Horton: Counc~woman Horton stated it had come to her attention that some of the candidates for board/commission vacancies had not received notification from the City after the interview process. Mayor Nader stated that problem had been addressed by Council and staff. ADJOURNMENT The City Council recessed at 5:33 p.m. and met in a closed session at 5:38 p.m. to discuss: City Attorney Boogaard informed Council that there was a need to add the pending lawsuit between the City and the Otay Municipal Water District as there was a proposed settlement that needed to be discussed. MSUC (Nader/Rindone) to find there was an urgent needed to take up the Otay Municipal Water District litigation as per the City Attorney's advice and that the need arose after the posting of the agenda. Pending litigation pursuant to Government Code Section 54956.9 - City vs. Otay Municipal Water District Pending litigation pursuant to Government Code Section 54856.9 - Aptech vs. City of Chula Vista. ADJOURNMENT AT 6:45 P.M. to a joint meeting of the City Council/County Board of Supervisors on Wednesday, November 4, 1992 at 10:00 a.m. at the County Administration Center, thence to a Special City Council Meeting, on November 9, 1992 at 7:00 p.m. in the Council Conference Room and thence to the Regular City Council Meeting on November 10, 1992 at 6:00 p.m. in the City Council Chambers. A Meeting of the Redevelopment Agency convened at 5:34 p.m. and adjourned at 5:37 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Depu lerk