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HomeMy WebLinkAboutcc min 1995/04/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 4, 1995 Council Chambers 4:09 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Moot, Padilla, and Mayor Hotton ABSENT: Councilmember Rindone (excused) ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: March 28, 1995. MSC 0torton/Munt) to approve the minutes of March 28, 1995 as presented. Approved 3-0-1 with Rindone absent. 4. SPECIAL ORDERS OF THE DAY: a. Presentation of the California Parks and Recreation Society 1994 Special Award of Excellence for Recreation Programming will be presented for the CHULA VISTA ACTION PROGRAM. The Parks and Recreation Director, Jess Valenzuela, presented the award to the Mayor and City Council, and members of the Chula Vista Youth Coalition. Accepting the awards were: Scott Mosher, Executive Director, Boys & Girls Club; Kathy Lembo, Executive Director, Southbay Community Services; Tina Williams, Executive Director, YMCA; Mary Jo Buettner, Healthy Starts; and Sunny Shy, Deputy Director/Recreation. b. Councilmember Padilia informed Council that Lieutenant Tom Schaefer had a heart attack and was in the hospital. CONSENT CALENDAR (Item pulled: 7) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 3-0-1 with Rindone absent. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a result of ddiberafions that occurred in Closed Session on 3128195, the City Council authorized the acceptance of a settlement offer in City vs. LPA regarding the coloration dispute at the South Chula Vista Library. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be received and filed. 6.A. RESOLUTION 17855 APPROVING THE "ADOPTION" OF THE SENIOR VOLUNTEER PATROL PROGRAM BY THE CHAMBER OF COMMERCE - The Senior Volunteer Patrol Program (SVPP) was implemented by the Police Department. The Chamber of Commerce has extended an offer to "adopt" the SVPP through its member businesses. Staff has been working with the Chamber, its SVPP liaison, and local businesses Minutes April 4, 1995 Page 2 to develop the adoption program. The adoption program will provide uniforms, equipment, and vehicle maintenance required to expand the SVPP from its current 25 members to a total of 75 members by October, 1995. Additionally, Cal's-Best, Inc., operator of the CAL STORES, has offered 900 square feet of office space for use as a SVPP office in the 900 block of Broadway. If the proposed adoption is approved by Council, the Chamber has agreed to pick-up the utility and phone expenses associated with the Cal's-Best site. Staff recommends approval of the resolutions. (Chief of Police) B. RESOLUTION 17856 APPROVING A LEASE AGREEMENT WITH CAL'S-BEST, INC. FOR ADDITIONAL OFFICE SPACE FOR THE SENIOR VOLUNTEER PATROL PROGRAM Councilmember Moot felt the Senior Volunteer Patrol Program was an wonderful program. He personally thanked the Chamber and former Councilmember Moore for their involvement. 7.A. RESOLUTION 17857 APPROVING A CONTRACT WITH THE CITY OF CORONADO TO PROVIDE PARKING CITATION PROCESSING SERVICES AND ADMINISTRATIVE HEARING SERVICES - The Finance Department has been providing the Cities of Coronado and Imperial Beach with parking citation processing services and administrative hearing services under informal agreements since December, 1992 and July, 1993 respectively. The Finance Department has also been providing Southwestern College with administrative services under an informal agreement since May, 1994. All parties involved are satisfied with the arrangements and staff is requesting approval to enter into formal contracts. Staff recommends approval of the resolutions. (Director of Finance) Pulled from the Consent Calendar. B. RESOLUTION 17858 APPROVING A CONTRACT WITH THE CITY OF IMPERIAL BEACH TO PROVIDE PARKING CITATION PROCESSING SERVICES AND ADMINISTRATIVE HEARING SERVICES C. RESOLUTION 17859 APPROVING A CONTRACT WITH SOUTHWESTERN COLLEGE TO PROVIDE ADMINISTRATIVE HEARING SERVICES Mayor Horton requested clarification on the administrative hearing services for Southwestern College. Jim Thomson, Deputy City Manager, replied the only thing the City would be doing for Southwestern College would be the administrative hearings and a trained volunteer would be utilized. There would not be any actual staff time utilized for the hearings and, therefore, the costs were very low. RESOLUTIONS 17857, 17858, AND 17859 OFFERED BY MAYOR HeRTON, reading of the text was waived, passed and approved 3-0-1 with Rindone absent. 8. RESOLUTION 17860 AMENDING SCHEDULE VI, SECTION 10.52.340 OF THE MUNICIPAL CODE RELATING TO PARKING TIME LIMITED ON CERTAIN STREETS, IN FRONT OF 636 THIRD AVENUE - The City Engineer, with a recommendation from the Police Department's Traffic Bureau, has determined the need to establish time limited, two-hour parking from 8:00 a.m. to 6:00 p.m. at 636 Third Avenue. The time limited parking is along the west curbline in front of the Salvation Army's Silvercrest Residence. Staff recommends approval of the resolution. (Director of Public Works) 9. RESOLUTION 17861 APPROVING SOUTH CHULA VISTA LlBRARY CHANGE ORDER NUMBER 12 WITH DOUGLAS E. BARNHART, INC., FOR MISCELLANEOUS CHANGES - Change Order Number 12 is the final change order with the general contractor of the South Chula Vista Library. It is cernposed of several elements and totals $13,751.27. Staff recommends approval of the resolution. (Library Director and Director of Public Works) * * END OF CONSENT CALENDAR * * · I Minutes April 4, 1995 Page 3 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING FORMATION OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS ll) - On 2/28/95, Council approved the Resolution of Intention to order the acquisition and financing of certain infrastructure serving the EastLake Greens II properties pursuant to the Municipal Improvement Act of 1913. On the same date, Council gave preliminary approval to the Engineer's Report for Assessment District Number 94-1 (EastLake Greens II) and set public hearings for 4/4/95 and 4/18/95. Staff recommends Council: (1) hold the public hearing; (2) receive testimony; (3) close the public hearing; and (3) notify the public that a second public heating will be held on 4/18/95 at 6:00 p.m. (Director of Public Works) This being the time and place as advertised, the public hearing was declared open. Them being no public testimony, the public hearing was declared closed. MSC (Padilia/Moot) to approve the staff recommendation: 1) notify the public that a second public heating will be held on 4/18/95 at 6:00 p.m.; and, 2) direct staff to include any economic benefit to EastLake Development Company resulting from the application of the new methodology of apportioning the annual assessment installments of Assessment District Number 94-1 in the Concessions Menu curren~y under consideration for the High Tech/Biotech Zone. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 11. REPORT APPROVAL OF UNIFIED PORT DISTRICT CAPITAL IMPROVEMENT PROGRAM - The San Diego Unified Port District is in the process of reviewing its ten-year Capital Improvement Program which includes five projects on the Bayfront. Each member city is being requested to review the projects within its jurisdiction and provide suggestions for project scheduling over the next ten years (1996-2005). Staff recommends Council review the proposed scheduling of projects and recommend the following changes to the Unified Port District: (1) That the 1995 budget for property acquisition be increased to $2.75 million to cover the estimated cost for acquisition of three Bayfront properties (Shangri-La, Cappos, and Marina Motor Hotel Parcels); (2) That, in order to fund the acquisitions, the Nautical Activity Center project presently scheduled for constn~ction in fiscal year 1996 be rescheduled to begin in fiscal year 1999; and (3) That appropriate funds needed to construct the Nautical Activities Center in 1999 be transferred from the $5 million available for property acquisition in that year. (Director of Community Development) Chris Salemone, Director of Community Development, stated it was a new annual process and Council was being asked to give input and adopt the proposed plan. Staff proposed changing the extension of "H" Street from I-5 to Tidelands Avenue, $2 million, for the 1996/97 budget year. That was the only significant change to the plan and it was anticipated that it would help develop the Port lands. The other changes made were to move some of the amounts that were already funded, i.e. the Nautical Activity Center was scheduled in 1995, 1996, and 1997 and it was being moved to 1998, 1999, and 2000. It was being moved to address the various environmental issues and to reduce the amount of immediate impact of moving $2.6 million from the $5 million allotted in 1999 to the current year for property acquisition, i.e. Shangri-La, Cappos, and Marina Motel. It would also include a portion of Marina View Park that was in the City. Staff felt the Port would find the changes acceptable and the Port CIP Committee would reconunend approval of the program. Minutes April 4, 1995 Page 4 Councilmember Padilla questione~l the shifting of clean-up costs from the City to the Port and the status of that change. Mr. Salomone replied that staff felt the program as proposed would be acceptable to the Port Commission. Staff had talked with the Port Director and the CIP Committee and the recommendation for acquisition for Marina View Park came from the Port Director. The issue of contamination on Shangri-La was questionable. Staff hoped that by putting it in as part of the CIP and approved acquisition dollar amount that they would move forward with the acquisition and continue to do the investigation. Mr. Goss stated $6 million had been included in the overall acquisition budget for the last several years and the proposed changes were detailing out the actual acquisitions. If the Port acquired the Marina View Park property the Port would then have to contract with the City for park maintenance which was currently being paid for by the City. Councilmember Padilia questioned if there was an update on the proposed amphitheater. Mr. Salomone stated the amphitheater group had hired a local director for the project and they had met with the Port staffandbegun environment alanalysis for traffic circulation and noise. They anticipated that the environmental analysis would be done soon and they would then present it to the Port as a project. Mr. Goss stated the extension of "H" Street would be a critical link for the project. Councilmember Padilia felt other benefits should also be listed regarding the "H' Street extension other than just the amphitheater. Councilmember Moot questioned if there were other advantages of selling the properties to the Port District other than the budget considerations. He further questioned if the Port had plans for the properties and what authority the City would have over the development of the land if it was purchased by the Port. Mr. Salomone replied that the property being acquired by the Port would be under the total jurisdiction of the City and Council would have full authority over land use decisions. The property in the Local Coastal Plan was basically designated as park land. Unless Council chose to change that land use designation the City could ask the Port to develop it as a park and pay the City for maintenance. Mr. Goss stated under the City's current plan the property was designated for park development which would then support and enhance any type of commercial/residential development on the bayfront. Councilmember Moot questioned why the Port District would want to purchase the land. Mr. Goss did not feel the Port had any specific projects un line for the properties that would produce an income stream to the Port. He felt there was a certain obligation on the part of the Port because a significant amount of improvements in the tidelands encompassed by the City of San Diego had been made over a number of years and one of the rationales for developing the CIP program was to ensure that the Southbay cities that were members of the Port also received capital improvement projects on their tidelands. Mayor Hotton stated in the past the four mayors and Port staff met to discuss the CIP projects and questioned if she had missed the meeting. Mr. Goss replied the Mayors and/or representatives would meet with the CIP subcommittee in the past. Staff had been invited to a meeting, which they understo~xt was only staff, which turned out to be a meeting focusing on the Chula Vista CIP program. Mr. Salomone stated the Port Director changed during the middle of the process and it may not have carried over. Minutes April 4, 1995 Page 5 Sid Morris, Assistant City Manager, stat~l the entire CIP was not discussed at the meeting. They had discussed the park acquisition project only. MSC (Moot/Padilla) to accept the staff report. Approved 3-0-1 with Rindone absent. 12. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. John Lippitt, Director of Public Works, informed Council that the participating agencies had met to review the billing and process to be undertaken for payment of the bills to the City of San Diego. The item had been scheduled for Closed Session. Mr. Boogaard requested that Council discuss the item in Closed Session under potential litigation. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 7. The minutes will reflect the published agenda order. OTHER BUSINESS 13. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated there would be no Council meeting on 4111195. b. Mr. Goss informed Council the grand opening of the South Chula Vista Library would be held on Saturday from noon to 4:00 p.m. with the ceremonies taking place at 2:00 p.m. c. Mr. Goss stated a memo had been sent to Council regarding the names to be placed on the plaque for the South Chula Vista Library. Staff intended to include the current Mayor/Council and also the name of previous councilmembers and mayors that had been involved throughout the long process. Mayor Horton commended staff and felt it was appropriate. 14. MAYOR'S REPORT(S) a. Ratification of appointment: Judith A. Pidgeon - Child Care Commission. Continued from the meeting of 3128195. MSC 0torton/Padilla) to ratify the appointment of Judith A. Pidgeon to the Child Care Commission, approved 3-0-1 with Rindone absent. b. Appointment of Council representative for Otay Ranch Subcormmttee. Mayor Horton stated Councilmember Fox was the representative on the Otay Ranch Subcommittee and a new representative needed to be appoint~l as soon as possible because the hearings for the Otay Ranch were currently in process. She recommended Councilmember Moot because he was a past member of the Planning Commission and had been involved in the Otay Ranch process. MSC 0torton/Padilla) to appoint Councilmember Moot as the Council representative on the Otay Ranch Subcommittee, approved 3-0-1 with Rindone absent. · I Minutes April 4, 1995 Page 6 c. Declaration of Council vacancy and appointment of Council representative to various Council committees and scheduling meetings for interviews. MSC fltorton/Moot) to declare Councilmember Fox's Council seat (Seat No. 4) vacant, approved 3-0-1 with Rindone absent. Mayor Hotton r~qugsted that the appointments to various Council committees be continued to a tomre date. Councilmember Moot questioned if a time should be set for interviewing Council candidates because Council would not be me~ting the week of 4/11/95. Councilmember Padilia stated he had a number of recommendations regarding the process of selecting an appointment for the vacant Council seat. If Council was going to wait to set the date for interviews until Councilmember Rindone returned he would also wait to give his recommendations. Councilmember Moot recommended that a date be chosen so it could be noticed. MSC (Moot/Padilla) to call a Special Council meeting for April 15, 1995 at 9:00 a.m. in the Council Conference Room for interviewing candidates for Council Seat No. 4. Approved 3-0-1 with Rindone absent. Mr. Boogaard questioned if the scope was for interviews and appointment possibility. Mayor Horton stated it was the consensus of the Council that it should be noticed for interviews and appointment. Councilmember Padilia stated during the last appointment process he had some philosophical concerns with the process. His personal belief was that the appointment process had its greatest utility in the form of a caretaker appointment but, the reality of an appointment that was open ended was that Council decided who would occupy the seat on the Council not just for the balance of the term, but for the following elected term and very likely the term after that. He felt he had to be true to his own principles and beliefs that the advantage of incumbency in an election at the local level was very real. His philosophical belief was that it was not a decision that Council should make but that it should be made by the voters. He recommended that a public statement be made, prior to going into the interviews, that Council may/would request of an appointee that they make a public/moral promise that they would not seek election to the seat when it came open for election. He further recommended that all individuals applying have an opportunity to address the Council, i.e. a process similar to the County process utilized in filling the vacant seat on the Board of Supervisors. He had been contacted by several of the applicants for the last vacant Council seat wanting to know why they had not been picked from the list or interviewed. He felt the process should be determined prior to the interviews. Mayor Hotton stated she would take his recommendations into consideration. She could not vote to support it at the present time, but that did not mean she might not support it at the time of interviews. She could not support a special election that would cost the City approximately $185,000 during hard economic times for such a short term. If the person took office in November they would have to run for office in March. She would rather spend $185,000 for adding more police officers or on youth programs. She understood Councilmember Padilla's concerns and she may support a candidate that did not choose to run for the seat. Councilmembers had the opportunity to choose those they wanted to interview, therefore, the process was in place and Councilmember Padilia could accomplish his goals. Councilmember Padilla stated he was suggesting that it be made a part of the process to let every applicant address the Council and do so up front as it was a change from what had been done for the last appointment. He also preferred to see it appointed due to fiscal restraints. He questioned if a public statement could be made that the appointment of a caretaker was a possibility so there would be no surprises for the candidates during the interviews. Councilmember Moot stated he had been advised by a candidate that the question as to whether a candidate would run for the office if appointed was included on the application. Minutes April 4, 1995 Page 7 Beverly Authelet, City Clerk, replied the question had been included on the Council application. Councilmember Padilia stated he was satisfied with the statement on the application and Council discussion that there was a very real possibility of appointing a caretaker and that it could be considered. 15. COUNCIL COMMENTS Councilmember Moot: a. Councilmember Moot stated he had been invited to attend a Service of Consecration by the First United Methodist Church and he thanked them for including the City in their Service. b. Councilmember Moot stated the Moose Lodge held their first annual Fireman/woman and Police Officer of the Year Award and expressed his appreciation for including the City. c. Councilmember Moot stated there had been a legislative item submitted to Council which indicated the City would support SB 1309 (Campbell) Tort Liability and stated he would not personally support it. He felt the goal was laudatory as it would place a limit on damages when someone sued a governmental entity, but part of the bill restricted the legal fees which he did not feel was constitutional and was a violation of the Equal Protection Clause. It would limit an injured victims ability to pay and hire an attorney, but did not likewise limit the person defending the suits same rights to pay their lawyers. Because of what he felt was a constitutional defect in the legislation and because it did not equally apply to both sides of the litigation he could not support it. ADJOURNMENT AT 4:57 P.M. the Regular City Council Meeting on April 18, 1995 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency convened at 4:57 p.m. and adjourned at 5:28 p.m. CLOSED SESSION Mayor Horton stated Council would discuss the following in Closed Session: 1) significant litigation pursuant to subdivision (b) of Section 54956.9: 2; Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit; and Labor Negotiations. Council met in Closed Session at 5::}1 p.m., reconvened at 6:29 p.m., and adjourned at 6::}0 p.m. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). 2. Anticipated litigation pursuant to Govermnent Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 2. · Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 a Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid- Management, and Unrepresented. Minutes April 4, 1995 Page 8 Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresentod. 17. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - The City Council authorized the City Manager to demand and commence arbitration contingently, as he deems appropriate, in the Metro Sewer Billing matter. Except for the foregoing, there was no other reportable actions were taken in Closed Session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk