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HomeMy WebLinkAboutcc min 1995/05/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May 2, 1995 Council Chambers 4:10 p.m. Public Services Building CALL TO ORDER I. ROLL CALL: PRESENT: Councilmembers Moot, Padilia, and Mayor Pro Tem Rindone ABSENT: Mayor Hotton ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF M1NUTES: April 15, 1995 (Special Meeting), April 18, 1995 and April 19, 1995 (Special Meeting). MSC (Padilia/Moot) to approve the minutes of April 15, 1995 (Special), April 18, 1995, and April 19, 1995 (Special) as presented. Approved 3-0-1 with Horton absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office for newly appointed Councilmember - Scott D. Alevy. The Oath of Office was given by City Clerk Authelet to Scott D. Alevy. Councilmember Alevy took his seat at the dais and stated it was an exciting day for him and his family. He requested that the citizens of Chula Vista give government a chance because the Council believed in them. There was some healing to do both internally and externally, but he felt the process showed there were a lot of capable people in Chula Vista. He felt Council would do its very best to make the right decisions and that it was an honor to serve. b. Proclaiming the week of May I through May 7, 1995 as "Youth Week." Councilmember Padilia presented the proclamation to Ted Eckert, Exalted Rulur of Chula Vista Elks Lodge. and Garry Hummel, Youth Activities Chairman. c. Proclaiming the month of May 1995 as "Older Americans Month." May is the month that the nation takes time to acknowledge and celebrate the achievements and contributions of its older citizens. During the month there are public recognitions of elders with particular attention to the Centenarians in the community. The Chula Vista Commission on Aging each year publicly thanks the local Centenarians for their contributions. The Centenarians are also invited to attend the Council meeting in which the proclamation is presented. Councilmember Padilia presented the proclamations to Dorathea Grindle on behalf of the Commission on Aging and Mrs. Edith Roberts, Centenarian. CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived, passed and approved 4-0-1 with Horton absent. Minutes May 2, 1995 Page 2 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken from the Closed Session of 4/25/95. It is recommended that the letter be received and filed. 6. RESOLUTION 17882 WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AGREEMENT WITH MCDANIEL ENGINEERING COMPANY, INC. FOR BRIDGE CONSTRUCTION CONSULTING SERVICES FOR THE WIDENING OF THE OTAY RIVER BRIDGE CROSSING - On 10/19/93, Council approved an agreement with the County of San Diego for the construction of the Otay Valley Road bridge where the road was washed out by the 1993 floods. The agreement required the County to use FEMA funds to construct a bridge 80 feet long by 28 feet wide conforming to their standards and the City to widen the bridge from 28 feet to 54 feet, plus all environmental impact mitigation measures. To comply with the agreement, the County hired McDaniel Engineering Company, Inc. (McDaniel) to design and prepare the plans for the project. On 11/30/93, the City Manager approved an agreement with McDaniel. The proposed contract provides t;3r bridge construction consulting services. The services will be provided on a time and material basis and will not exceed $15,000 without further apprnval by Council. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ie''' ORAL COMMUNICATIONS · Joe Cano, 101 North Glover Avenue, Chula Vista, CA, representing Nice & Easy Auto Body, stated in March he had applied for a permit fur a block party on May 6, 1995, the weekend of Cinco de Mayo. The City had approved it assuming it was a small show, which he still intended to do. Staff had since withdrawn approval of the permit. He was trying to work with the City Police Department to find adequate security. He wanted to work with the City as he had a lot of time and money invested in the show. Staff had informed him that due to the information on the flyers distributed they were concerned regarding the element of the public that the activity would attract and the size of the activity. He had assured staff that most of the people would be car club members and were family oriented. He questioned if Council could override stafl's withdrawal of the permit. Mayor Pro Tem Rindone stated Council was not legally able to take action on items that were not listed on the agenda. Mr. Goss stated there was an application for a block grant party and that the application was reviewed by the traffic engineer as well as by the Police Department and they recommended approval to the City Manager's office. However, when staff saw the flyers and obtained more information it was clear that the intended activity was much more that what had been applied for. It was his understanding that there would be over 100 cars, part of the Low- Rider Council of San Diego, and there was an application fee to display cars of up to $15.00 and also $6.00 for a dance. Cars could be moved in as early at 7:00 a.m. on Sunday, the show would be during the day and then there would be a dance from 8:00 p.m. to ? as stated on the flyer. It was clearly more than a block party and more than staff understood when it was approved as a block party. The Police Department had contacted Mr. Cano regarding the cancellation of the event. After a much larger show at Jack Murphy Stadium there was a problem on Highland Avenue in National City when they experienced seven stabbings as a result of people coming from the show and showing their cars in National City. He realized it was another community but it was close to where the facility was located. Therefore, staff and the Police Department recommended that the show not proceed. · T Minutes May 2, 1995 Page 3 BOARD AND COMMISSION RECOMMENDATIONS 7. REPORT RESPONSE TO A COUNCIL REFERRAL ON GENERAL ROCA, ARGENTINA REGARDING STATUS OF PROPOSED RELATIONSHIP -(International Friendship Commission) ® Suzanne Ramimz, Chair of the International Friendship Commission (IFC), stated she was prepared to answer any of Council's questions. Councilmember Padilia questioned what the general direction was of the Commission as to the best course of action. He did not want a wasted effort but General Roca was the longest relationship the City had with a sister city. Ms. Ramirez stated a prior memo had been sent to Council in November which included copies of all correspondence between the IFC and representatives in General Roca. The administration in General Roca had indicated that they would be interested in starting up a relationship but the reality was that it had not happened. The IFC felt, as did Sister Cities International, that it would not happen unless a delegation from Chula Vista went to General Roca. Given the lack of response she received approximately three years ago when she put a letter in the Star News there did not seem to be a great deal on interest in the community. A relationship had developed between the youth of Chula Vista and the youth of Carcarana, Argentina. She had learned that the City could "divorce" itself from a sister city and felt Sister Cities International was somewhat encouraging the City to do that because a sister city relationship with no interaction degraded the program, When drafting the memo the IFC took the most conservative approach possible. The IFC was looking at difti~rent ways of organizing itself and would be coming before Council with a recommendation that Council provide staff assistance to look at forming a non-profit organization. Mayor Pro Tem Rindone questioned if there would be any benefit to having the Mayor's Office try to assist in making contact with General Roca to get a verification as to where they were going and what their recommendation WaS. Ms. Ramirez stated it certainly would not hurt to write a letter. Recommendations had been made to the previous Mayor to do that but she did not know if it had been done. Jeri Gulbransen had sent out an information packet and she believed that a letter from the Mayor had been included. Mayor Pro Tem Rindone felt it was a difficult decision and he was trying to ensure that the City had done everything possible in trying to reach the most appropriate decision. Jeri Gulbransen, Public lnli}rmation Officer, in~brmed Council that her office had prepared an information packet and it was sent to the Mayor's Office to be sent with a letter from the Mayor. She was not certain whether or not it had been mailed. Ms. Ramirez stated General Roca had always responded thvorably but there also needed to be interest within Chula Vista. If it waS publicized and there was no interest shown or so minimal that it would not sustain the relationship she felt that even if General Roca wanted to maintain the relationship it would make better sense to go with Carcarana or no other relationship. She clarified the intent that the Mayor's Office was available to send a letter and that the IFC should stay in contact with the Council regarding the response from the community. Mayor Pro Tem Rindone stated the tbrmer Mayor did send a letter in August, 1992 to General Roca and evidently a response had not been received. He would ask Mayor Horton if she would contact Ms. Ramirez upon her return to validate whether she felt it was necessary to tilllow-up on that letter. Councilmember Moot felt it appropriate to see if there was interest in the community. Mayor Pro Tem Rindone stated those members of the community interested in General Roca should contact the Mayor's Office or the International Friendship Commission. The IFC would then make a recommendation to the Minutes May 2, 1995 Page 4 Council within the next 60 days. He requested that the intbrmation be scrolled across the screen for the rebroadcast of the Council meeting. ® Ricardo Marentez, volunteer basketball coach ~br a local school and the Parks & Recreation Department, stated two years ago he had received an invitation to join in an international basketball tournament in Carcarana, Argentina for youth under 12 years of age. The first year they took 8 children and 4 parents, the last year they took 20 children. He had an opportunity to meet with the Mayor of Carcarana who specifically asked how the cities could become better acquainted. A letter had since been sent to Mayor Horton and 39 people from Carcarana were coming to Chula Vista in July. The youth were anxious to start a student exchange during the summer. ACTION ITEMS 8. RESOLUTION 17883 APPROVING A CONTRACTUAL AGREEMENT WITH ARTIST TEAM VICTOR OROZCO OCHOA AND JOHN NEAL HILL FOR THE SOUTH CHULA VISTA LIBRARY PUBLIC ART MURAL PROJECT - The California Library Construction and Renovation Bond Act grant includes $46,821 (one percent of construction) for public art. A public artist selection process was conducted to select an artist to erect a mural in the storyhour room based on the theme of Intemational Friendship. Staff recommends approval of the resolution. (Library Director) David Palmet, Library Director, stated Doris Steinman and Dency Souval of the selection committee were in attendance to answer any questions regarding the selection process. The artist's team was also available to answer any questions regarding the art work. Councilmember Padilia stated he was impressed with the overall process and with the selection. He liked the theme of cooperation between varying cultures. In today's world at all levels there was not enough of that and he felt it was appropriate. He congratulated the artist on his work. Mayor Pro Tem Rindone requested clarification regarding the materials used on the lower portion of the mural. ® Victor Ochoa, member of the Artist's Team, responded that regarding the tactability in the lower part where children would touch the mural, the materials were all very strong materials, i.e. ceramic, concrete, etc. that would be pretty indestructible. Mayor Pro Tem Rindone felt it would allow the children to participate in the artwork and not just look at. It was a unique concept and he felt it would pleasantly surprise a nomber of people. RESOLUTION 17883 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived, passed and approved 4-0-1 with Horton absent. 9. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. John Lippitt, Director of Public Works, stated the dispute regarding the billing issue would be discussed in Closed Session. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. Minutes May 2, 1995 Page 5 OTHER BUSINESS 10. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated the City Manager's office had been contacted on Sundiy by the media regarding a rumor that the Chula Vista Connection was closing down because the City had withdrawn funding. He wanted to make it clear that that was not the case. There had been a lot of misinformation given. The Council received u request along with about 30-40 others for block grant funds for the current fiscal year. At that time several agencies did not receive any funding and several received funding including Chula Vista Connection, i.e. $12,000. There was a question by the media whether work had to be done first and receipts turned in for reimbursement for the funding. When federal grants were administered it had to be on a reimbursement basis, the City could not just give the money away. There was a submittal from Chula Vista Connection of $4,400 for construction labor, $5,500 for materials and supplies, $1,000 for insurance, $300 for licensing, and $1,500 for playground equipment which totaled $12,800. That was submitted and they received a check for $12,000 in October. It was his understanding that none of the items funded by the $12,000 were City or HUD required expenses. From what staff could determine, it was a choice by Chula Vista Connection on how the $12,000 was to be spent. In January, Chula Vista Connection came forth with a proposal of volunteers to work within the City in exchange for $30,000. At that time the Council at the suggestion of the Mayor referred it to the Mayor. The Mayor then met with Chula Vista Connection and made a nmnber of suggestions on how funding and/or assistance could be obtained through other resources. The City had also suggested that they file for block grant funding for the next fiscal year which they had done. Staff also discussed the possibility of adjusting their rate structure so that it could be more profitable. As a result of the media attention received a private party donated $2,500 and they had collected another $2,500 from the parents and teachers and through the efforts of the Mayor/Council staff, Armundo Buelna and Tom Oriola, the property owner was persuaded not to evict them and accept the payment. It was his understanding that their rent was paid through May. The 4H utilized Lauderbach Center to provide affordable daycare. The County and YMCA had $4 n-Allion available in transitional child care money and were accepting applications for vouchers. The Child Development Association also administered a $1.5 million voucher program in which the vouchers were given to the parents and they then could choose their own daycare prorider. Another question raised by the media was why Chula Vista Connection was turned down fur $30,000 and the Y received $50,000 from block grant money fbr a swimming pool. The role of the City was not to provide daycare but to provide park facilities including pools. He felt that was comparing apples to oranges because the $30,000 that was requested was from the 15 % set-aside of the community development block grant funds which could be utilized for programs such as Chula Vista Connection whereas, the $50,000 came fi'om the capital accounts that were part of the block grant program. Those requests were not even competing against each other. Basically, what Chula Vista Connection was asking for was a mid-year appropriation of money because they were sensing that they were having financial difficulties and there really was no money available that staff could identify' at that time. The public hearing for the block grant program for the next fiscal year was scheduled fur 5/16/95 and proriders would be making their presentations at that time. Councilmember Padilia stated the posture of the City in regards to Chula Vista Connection had been nothing but supportive. It did not mean that everyone in the City structure, commission structure, or in the public agreed with or liked Chula Vista Connection or limit that they should receive any amount of CDBG monies, but that was a separate issue. There were people at the Chula Vista Connection trying to do something positive but there were some problems. The function of the Council should be to help them out and plug them into the fight kind of resources and people who understood how it worked and could help them. The answer was not government subsidy in all cases. He had to recognize that Chula Vista Connection provided very low income daycare tbr people who otherwise would not be able to further their education or afford daycare. There were a lot of issues that needed to be addressed and he felt the best role of Council would be to direct the involved parties in the right direction and help them in any way the City could to get them on the right track and give them the best opportunity to best help themselves. The Mayor/Council staff action over the weekend focused on the most immediate need which was the pending eviction and the potential impact on the commenity. Both Tom Oriola aad Armando Buelna worked on the issue and he especially wanted to thank his Council Aide, Tom Oriola, fur his diligent work over the weekend. Minutes May 2, 1995 Page 6 Councilmember Moot stated he wanted to know if the agency had to be a non-profit organization to be eligible and, if so, the non-profit status of any organization that was receiving funds when the requests were brought to Council. He felt a lot of the problems could be avoided if dealt with at the level of the board of directors. He encouraged staff to contact the board of directors tbr Chnla Vista Connection and try to work directly with them as well. It was unfortunate when problems had to be resolved by protests or an appeal to the media. A lot was lost in that communication process and he did not f~el it was always the most positive way to try to work out issues. Mr. Goss stated when the report on the block grant program was brought forward on the 16th they would have a full statement of the eligibility requirements fur the organizations. That was looked at very closely because staff could not administer the money unless the agencies met the HUD requirements. II. MAYOR'S REPORT(S) a. Ratification of appointment: Kevin B. Clark - Resource Conservation Commission. MSC (Moot/Padilla) to ratify the appointment of Kevin B. Clark to the Resource Conservation Commission. Approved 4-0-1 with Hotton absent. b. Council designec for Multiple Species Conservation Program Committee. Mayor Pro Tern Rindone stated Mr. Fox had been the delegate and Mayor Horton was the alternate. He was uncertain whether Mayor Hotton wanted to be the delegate or remain the alternate. He recommended that a delegate be appointed for the meeting on Friday and have the item returned to Council next week for final action. MSC (Moot/Padilla) to nominate Councilmember Atevy ns a representative for the Multiple Species Conservation Program Committee. Approved 4-0-1 with Hotton absent. Mayor Pro Tem Rindone requested that the item be agendized for the 5/9/95 meeting under the Mayor's Comments. 12. COUNCIL COMMENTS Councilmember Rindone a. Referral - Port Commission Options. Mayor Pro Tern Rindone stated as the Vice-Chair of MTDB he felt it was important to provide a ret;erral to the Executive Committee of the Metropolitan Transit Development Board to consider a transit system connection to Lindbergh Airport because the TwinPort concept reached a point beyond returning to that prospect and the Base Closures Committee latest actions had been revealed and so the Port Commission was currently reviewing their optfuns. He did not feel that dealt exclusively with the trolley, it could be a people mover, shuttle system, etc. The two basic principals for an effective transportation system were: 1) go where people wanted to go; and 2) do it efficiently. The Lindbergh option had not been reviewed for t~n years and he would be speaking personally with Mr. Malcolm to ensure that the Port Commission would continue it in their plans for any redesign of Lindbergh. Within the last month MTDB had issued two contracts to provide for the construction of the trolley system all the way to Fashion Valley and Jack Murphy Stadium. It was to be completed by October 1997. MTDB was continuing to review the East Mission Valley linkage as well. He felt there was an important impact on the South Bay and would make the system more effective. REFERRAL TO STAFF: {Rindone) to ask the Executive Committee of MTDB to forward to the Port Commission a letter encouraging the Port in future planning for the airport that there should be a linkage to the MTDB trolley system. Minutes May 2, 1995 Page 7 ADJOURNI~IENT ADJOURNMENT AT 5:15 P.M. to the Regular City Council Meeting on May 9, 1995 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency convened at 5:15 p.m. and adjourned at 6:20 p.m. CLOSED SESSION Mr. Boogaard stated the Rock Quarry litigation and the Metro Sewer billing would be discussed in Closed Session. Council met in Closed Session at 6:22 p.m., reconvened at 6:56 p.m., and adjourned at 6:56 p.m. 13. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigatinn pursuant to Government Cnde Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. 2. Anticipated litigatinn pursuant tu Government Cnde Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee fbr CVEA, WCE, Executive Management, Mid- Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management. Mid-Management, and Unrepresented. 14. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - Mr. Boogaard reported that Council authorized the settlement of the Rock Quarry litigation in a manner and form which would be available in the City Clerk's office in draft form tomorrow morning and presented to Council at the meeting of 5/9/95 for final approval. No other reportable actions were taken. Respectfi. fily submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, De~ity Clerk