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HomeMy WebLinkAboutcc min 1993/06/08 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, dune 8, 1993 Council Chambers 6:04 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, and Mayor Nader ABSENT: Councilmember Rindone (excused absence due to MTDB business) ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pI.RFg3E OF ,~IJ.RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. I>rodamation commending 'The Music Machine' - The proclamation was presented by Acting Mayor Pro Tern Horton to members of the Music Machine. * * * * Council recessed at 6:06 p.m. and reconvened at 6:19 p.m. * * * * b. Special performance by 'The Music Machine' from BoPAm Vista High Schoors Performing Ares Department- This awarding-winning group of 45 singers, dancers and musicians presented three selections- including Chula Vista's City song--outside by the fountain in front of City Hall. "The Music Machine' represents the community more than 60 times a year at conventions, special events and festivals, and for civic, service, school, and church groups. c. Oath of Office: Marie Miehls - Child Care Commission. The oath of office was administered to Marie Miehls by City Clerk Authelet. CONSENT CAI.F. NDAR (Item pulled: 6) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. S. WRl-t-ile.l'q COMMUNICATIONS: a. Letter requesting support of Community First Project - Pattick O'Brien, Open Sea Foundation, P.O. Box 40482, San Diego, CA 92164. It is recommended that the Police Department continue to assist South Bay Community Services. However, if the Open Sea Foundation is awarded the grant, the Police Department would be able to provide names of "at-risk" youth for their program. 6. RESOLLrHON 17136 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR INSTALLATION OF pARATJ.I~I. SEWER IN INDUSTRIAL BOULEVARD FROM NORTH OF PALOMAR STREET TO SOUTH OF AN1TA STREET - On 5/19/93, sealed bids were received for the installation of parallel sewer in Industrial Boulevard from north of Palomar Street to south of Anita Street. The work includes the installation of new 12-inch and 15-inch parallel sewer mains, excavation and grading, asphalt concrete pavement, shoring, replacement of existing manholes, reconstruction of base of existing manholes, new sewer manholes, sewer laterals, sewer lateral connections, new survey monuments, traffic survey~g, traffic control, preservation and restoration of property, and other miscellaneous work. In order to award the contract to JSA Engineering, Inc. in the amount of $225,544, it is necessary that $68,700 be appropriated Minutes June 8, 1993 Page 2 from the fund balance of Fund 222-Trunk Sewer Capital Fund. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Pulled from the Consent Calendar. Mayor Nader stated he was concerned that the item was considered exempt from both the prevailing wage and disadvantaged business enterprise requirements. The City had an ordinance that prohibited the Council from making prevailing wage a requirement or condition. He was concerned that because the City did not need to apply a policy on promoting DBE's the City would therefore automatically not do so. He felt the policy should be different in different circumstances. There should be a program where the City would make it a point to notify DBE's of certain pending contracts. John Lippitt, Director of Public Works, stated staff could make sure that the same type of announcement was made for all projects as was being done for the MBE's, even if not required for awarding. Mayor Nader requested that the issue of "outreach program on City contracts for DBE's" be included under the Mayor's Comments for June 22, 1993. RESOLUTION 17136 OFFERED BY COUNCILMEMBER MOORE, reading of the tex'~ was waived, passed and approved 4-0-1 with Rindone absent_ 7. RESOLUTION 17137 APPROPRIATING FUNDS, WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR FOURTH AVENUE WIDENING BETWEEN KI'I-I-IWAKE LANE AND CHULAVISTA ADULT SCHOOL - On 4/28/93, sealed bids were received for the widening of Fourth Avenue between Kittiwake Lane and Chula Adult High School. In order to award the contract to the low bidder, Heffier Company, Inc., it is necessary that $131,000 be appropriated from the unappropriated balance of the TransNet Fund. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. 8. REPORT APPLICATION OF THE CHULA VISTA PUBLIC liBRARY FOR CALIFORNIA STATE LIBRARY-CAliFORNIA liBRARY SERVICES ACT FAMILIES FOR LITERACY GRANT FUNDS FOR FISCAL YEAR (FY) 1993-94 THROUGH THE CHULAVISTALITERACYTEAM - The Chula Vista Public Library has applied to the California State Library for $27,511 in Families for Literacy grant funds to implement a Family Keading Program in FY 1993-94 through the Chula Vista Literacy Team. The program is designed to break the intergenerational cycle of illiteracy. The funds cannot be used to supplant the current tutor reading program. Staff recommends Council accept the report and ratify the application. (Acting Library Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RFJATED RESOLUTIONS AND ORDINANCES 9. PUBLIC HEARING PCA 93-02; MODIFICATIONS TO THE FLOOR AREA RATIO (FAR) REQUIREMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES - CriY INrriATED - On 3/9/93, Council directed staff to prepare amendments to the FAR in single-family zones in order to provide smaller lots in the older, established portions of the City with a greater opportunity to expand their dwellings in a manner more consistent with that in the newer planned communities to the east. The recommended amendments increase the FAR for lots of less than 7,000 square feet and provide an exemption for patio covers and porehes of 300 square feet or less in single-family zones. Staff recommends Council place the ordinance on first reading. (Director of Planning) ORDINANCE 2559 AMENDING TITLE 19 OF THE MUNICIPAL CODE TO MODIFY SECTIONS 19.22.160, 19.24.180 AND 19.26.180 IN ORDER TO INCREASE THE MAJflMUM BUILDING AREA FOR SINGLE-FAMILY DW~I .t -tNGS ON LOTS OF I-F-e,S THAN 7, 00O SQUARE FEET AND PROVIDE AN EXEMPTI ON FOR PATIO COVERS AND PORCHES OF 300 SQUARE PEET OR LESS (fl~t readmE) Councilmember Fox stated he had previously abstained from participation and voting on the item in the past and would continue to abstain. Minutes June 8, 1993 Page 3 Councilmember Hotton stated she had a problem with Councilmember Fox abstaining. After reading the document, the FAR requirements for R-1 zoned areas would be changed in the older parts of the City. Robert Leiter, Director of Planning, stated the recommendation applied to all R-1 zoning area. He felt there had been some confusion as the original proposal had applied to certain older planned communities. The Council had directed staff to apply it to all R-1 zoned areas which was now before Council. City Attorney Boogaard stated the minutes from the past meeting reflected that the proposed change 'applied only to older planned communities; less than 10% of the zoned residential areas~. Mr. Leiter stated that was the original discussion but the item before Council applied to all single family residentially zoned property within the City. City Attorney Boogaard informed Council that due to the change the previous advise to Counc~member Fox no longer applied. 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. COUNCILMEMBER FOX PLACED ORDINANCE 2559 ON FIRST READING, reading of the text was waived, passed and approved 4-0-1 with Rindone absanL Mayor Nader stated the Planning Commission minutes should have been included in the Council packet. 10. PUBLIC HEARING TO CONSIDER ADOPTION OF AN INTERIM PRE-SR-125 DEVELOPMENT IMPACT FEE AND TO CONSIDER MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE - Consideration of an interim SR-12S report, adoption of an interim pre-SR-12S Transportation Development Impact Fee, and modification of the existing Transportation Development Impact Fee. Continued from the meeting of 5/18/93. Staff recommends continuation of the hearing which w~l be re. noticed prior to the public hearin~ date. (Director of Public Works) Mayor Nader stated staff had recommended a sixty day continuance. There was one member of the public that wished to speak and he requested direction from the City Attorney. City Attorney Boogaard recommended Council open the public hearing and take testimony. Council was not mandated to open the hearing or take testimony as the hearing would be renoticed but it was a courtesy to the public. Carolyn Butler stated she would not object to coming back when the hearing was renoticed. MSC (Nader/Fox) to continue the hearing for at least sixty days and renotice. Apprnved 4-0-1 with Rindone absent 1L PUBLIC HEARING FORMATION OF ASSF. SSlVlENT DIb'IRICT NUMBER 92-2 (AUTOPARIO - On 3/23/93, Council adopted the resolution of intention to order the acquisition and financing of certain infrastructure serving the Autopark development pursuant to the Municipal Improvement Act of 1913. On 5/4/93, Council gave preliminary approval to the Engineer's Report for Assessment District Number 92-2 (Autopark) and set public hearings for 6/8/93 and 6/22/93. All owners of property within the proposed assessment district have been mailed a notice of the public hearings including the proposed assessment to their land. Staff recommends Council open the public hearing, take testimony, close the public hearing, and notify the public that the second public hearing will be held on 6/22/93. (Director of Public Works) John Lippitt, Director of Public Works, informed Council there was only one property involved. He recommended Council open the public hearing, take testimony, and notify the public the next hearing would be held on 6/22/93. 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. Minutes June 8, 1993 Page 4 Councilmember Moore questioned whether it was a new rule that two public hearing be held. Mr. Lippitt responded that was correct, the law went into effect 1/1/93. Mayor Nader questioned if the reason the lien was less was to comply with the value to lien ratio policy. Mr. Lippitt responded that was correct. The amount financed would be less and they would have to front the difference from another source. However, the amount of the work would be the same. MSC (Moore/Nader) to set 6/22/93 as the second public hearing date. Approved 4-0-1 with Rindone absent. ORAL COMMUNICATIONS · Israel Acosta, 103 E1 Capitan Drive, Chula Vista, CA, felt his rights had been violated as he had been denied his fight to an attorney regarding his legal problems with Southwestern College. Mayor Nader stated there was a legal referral service maintained by the County Bar Association of San Diego. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 12. REPORT CONSIDERATION OF A REVISED YARD WASTE RECYCLING SERVICE PROPOSAL SUBMI'I'I'ED BY LAIDLAW WAb'II~ SYb'II~a~S - As directed by Council, staff has moved to finalize the "meet and confer" process required by Ordinance 2427 for development of additional recycling services. As part of the process, Laidlaw indicated they could revise their proposal for yard waste recycling and offer a significantly lower rate of service. The report is submitted to allow Council the possibility of reconsideration of the prior decision based on the new price. Staff recommends Council accept in concept Laidlaw's Proposal and direct staff to negotiate to develop and implement a yard waste recycling program at the preferred price. (Administration) Mayor Nader questioned whether the Resource Conservation Commission minutes were available. Athena Bradley, Conservation Coordinator, responded they had not been prepared but the RCC had voted unanimously on the recommendation. · Carolyn Butler, 97 Bishop Street, Chula Vista, CA, questioned if there would be an additional waste charge to the homeowners. She also questioned why private hotels, apartment complexes, condominiums, and government agencies were not required to separate their trash. Ms. Bradley responded that under Proposal B, which was the staff and RCC recommendation, there would not be a mandatory charge on the single family homeowners. Between July and October all multi-fam~y complexes would begin mandatory recycling. Commercial establishments of 20,000 sq. ft. or more would also start recycling between those dates. Mayor Nader stated that City Hall and City government did recycle. He liked the proposal because it was a fee related to usage. A homeowner that did not generate yard waste would not need to pay for it. He was prepared to support the staff and RCC recommendation. Councilmember Fox felt it was a good proposal because it did not have a universal fee but he did have a minor concern regarding neighborhood pooling. He questioned what staff anticipated after one year. Ms. Bradley responded that during the year staff could assess the costs involved with the program based upon how many people used the program and revenues generated as well. Staff would require Laidlaw to prepare a cost analysis. Minutes June 8, 1993 Page 5 Councilmember Moore stated staff had recommended six cans per pick-up and Laidlaw had recommended four cans per pick-up. He would prefer a compromise of five cans for the first year with an evaluation after that time. Don Blind, General Manager, representing Laidlaw, stated they were agreeable to five cans per pick-up. MSC (Nader/Fox) to approve the staff and Resource Conservation Commi-~sion recommendation with the an~enchnent of five cans per pick-up for the rust year. Approved 4-0-1 with Rindone absent ITEMS pLn.T.Rn FROM THE CONSENT C~LF. NDAR Item pulled: 6. The minutes will reflect the published agenda order. OTHER BUSINESS 13. CITY MANAGER'S REPORT{S) a. City Manager Goss stated Council had directed staff to return within thirty days on the pro's and con's of establishing a methanoi fueling station. The Environmental Resource Manager had met with Dr. Ghougassian and was working on identifying appropriate sites and issues. It was hoped the report would be ready by June including recommendations. Mayor Nader stated he did not know if Methanoi was the best of the alternative fuels but if there was a private entrepreneur that wanted to deal in the City, would take the financial risk, and there was no environmental or health risk for the City, he hoped the City would do what it could to assist him. City Manager Goss stated staff was assisting him but one of the things he wanted was land for the station. Mayor Nader recommended that staff look at a profit sharing agreement. b. Schedulingof meetings. City Manager Goss stated the GMOC report needed to rescheduled. Under the current policy that scheduling needed to be done by the Mayor or majoriV/of the Council. There were also other pending worksession/meeting items. Mayor Nader requested the City Manager provide him with a list of proposed items and meeting times for his review. Councilmember Moore questioned whether there was a meeting scheduled with the Planning Commission and Resource Conservation Commission regarding CEQA. City Manager Goss stated Council had raised the issue. The Planning Commission normally held a meeting in which CEQA was reviewed and an invitation was being extended to the Council. He did not know what the current schedule was. c. City Manager Goss stated staff did not plan to schedule a budget worksession/meeting on Monday, 3une 14. All information would be available for the public hearing scheduled on June 15th, 14. MAYOR'S REPORTf S) a. Ratification of appointments of Ex-Officio members to the Mobilehome Rent Review Commission: Earl Biggets and Bert Epsten. MSC 0SIader/Fox) to appoint Earl Biggers and Bert Epsten as ex-officio meinbers to the Mobilehome Rent Review Commi.~sion. Approved 4-0-1 with Rindone absent. b. Mayor Nader stated he was under the impression that the sexual harassment policy would be held in closed session. Minutes June 8, 1993 Page 6 City Attorney Booguard stated staff recommended discussion be held at the next meeting due to the complexity of the issue. Staff had been struggling for three to four days with the issue and all believed they still did not have a good grasp on all the issues. Mayor Nader stated he hoped there would be a relatively straight forward policy that would clarify certain types of conduct that would render a penon as unfit for a supervisory position with the City. He did not believe it should be a complex issue. City Attorney Booguard stated staff intended to seek instruction from Council in Closed Session at the next meeting. Staff would at least explain the various ramifications of the policy. c. Mayor Nader stated he would not be able to attend the 6/28/93 meeting of the Solid Waste Management District meeting and would be asking an alternate attend. d. Mayor Nader requested that a discussion of the sewage litigation, i.e. EPA versus the City of San Diego be placed on the agenda in the near future. He would leave it to the City Attorney's discretion as to whether it should be in open or closed session. 1S. COUNCIL COg Councilmember Moore · Councilmember Moore stated he had artended the Police Department awards banquet and felt it was unfortunate that the general public did not see the recognition of the services given to the City. · Reaffirm policy regarding 4:00 p.m. meeting on Thursdays for City Council, No action taken. Councilmember Horton · Councilmember Hotton stated she had been contacted by a concerned citizen regarding Council's action on the flow control agreement. She stated she still had many concerns she felt needed to be addressed. She did not feel staff had answered the questions raised by Council adequately or that they had been prepared. MOTION: tHorton) Council place for reconsideration the flow control agreement on the next agenda, with a stattm report on contract negotiation efforts and analysis of alternatives available. Motion died for lack of second. Mayor Nader stated the item was not on the tentative agenda and directed the City Clerk to put the item under the Mayor's Report if it was not an agendized item. He did not feel it would be a reconsideration because the agreement had been altered by the County and the County would be asking the cities to approve the modified agreement. City Manager Goss stated the County had requested a response from the cities by 6/22/93 on the new agreement. He would be meeting with the City Managers to discuss there concerns. He would also be meeting with representatives from cities with landfills in their boundaries to discuss any particular advantage there could be in taking joint action. Councilmember Horton recommended that staff not only receive information from the County but also contact local trash vendors and people within the indusn7. City Manager Goss stated the County position would be that the cities should be open and receptive to other alternatives going into the new format the other cities had recommended. Councilmember Horton stated her concern was that with the agreement before them, the County could raise the prices way beyond what was normal in other areas. She did not find that acceptable and wanted staff to do research as to what the alternatives were. She did not feel Council had been given that information. Minutes June 8, 1993 Page 7 ADJOURNMF2qT The City Council recessed at 7:16 p.m. and met in a closed session at 7:18 p.m. to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers 6~rCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 6/1/93. ADJOURNMENT AT 8:21 P.M. to the Regular City Council Meeting on June 15, 1993 at 6:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency convened at 7:16 p.m. and convened at 8:21 p.m. Respectfully submitted, ~BEVERLY A. AUTHELET, CMC, City Clerk by: ~c~' ~erqui;t, Deputy ~llerk