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HomeMy WebLinkAboutcc min 1995/10/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 24, 1995 Council Chambers 6:14 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Moot, Padilia, and Mayor Horton ABSENT: Councilmember Rindone ALSO PRESENT: Jim Thomson, Deputy City Manager; Glen Googins, Deputy City Attorney; and Beverly A. Authelet, City Clerk MSC (Padilla/Alevy) to excuse Councilmember Rindone's absence from the 10/24/95 meeting. Approved 4-0-1 with Rindone absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None. 4. SPECIAL ORDERS OF THE DAY: a. Cultural Arts Commissioner Dency Souval introduced Dr. Susan Mahler, Principal from the Olympic View Elementary School. Dr. Mahler presented a video on the construction and operation of Olympic View Elementary School. She stressed the partnership developed with EastLake High School. b. Youth representatives from the Chula Vista Youth Coalition presented the 1995 Youth Summit Report. Youth representatives were: Ty Meservy, Chair of the Youth Commission; James Alfaro, Youth Commission Member; Gilbert Hartin and Empress Bulter representing the Boys & Girls Club; and Steven Picanza and Frank Ruiz representing the YMCA PRYDE Program. The items on their Call To Actions were: 1) continuing to work t~ward an improved method for advising and training area youth on career skills and employment opportunities; 2) continuing t~ provide activities that will enhance the communication and relations between police and youth; 3) address the student's perception that schools do not face the problems of violence and drugs on campus; 4) use empty or abandoned buildings for programs and activities, such as a drop-in teen center, another teen night club, teen fitness center, or a center where youth-serving agencies could offer needed services; 5) establishing "skate parks" as part of new developer/commercial projects where skateboarders, roller bladers, and bike riders can go without breaking the law and/or endangering themselves or the general public; and 6) partnering with the local elementary and high school districts to share space in new schools for the purposes of offering after school recreation programs and activities operated by youth-serving agencies. c. Presentation by Mark Watton, Chair of the San Diego County Water Authority, on Water Authority efforts to negotiate with Imperial Valley on water transfer. The Metropolitan Water District had put together an Integrated Resources Plan which identified a number of different water sources that could be used to ensure that the growth and development in the area could be sustained and that those already in the area would have a reliable water supply. The water transfer arena was important and fundamental to supplying the southland with water to sustain it's life style. A memorandum had been developed between the Metropolitan Water Authority and the Imperial Irrigation District. The transfer was of a magnitude that had never been discussed in the state and possibly in the nation. It was a complex issue and fiddled with archaic and current law, economic concerns, and transmission problems. As a region San Diego had taken the opportunity presented to begin the discussion to secure a significant part of the regions water supply for the future, i.e. ten years out to 100+ years. They would keep the Council updated regarding the project. Minutes October 24, 1995 Page 2 d. Proclaiming Friday, October 27, 1995 as "Chula Vista Neighborhood Telecenter Day" in the City. The proclamation was presented by Councilmember Padilia to Angie Janco, Telecenter Director. CONSENT CALENDAR (Items pulled: 8, 9, 11, and 12) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken in Closed Session on 10/17/95. It is recommended that the letter be received and filed. b. Letter from Wes Braddock, Assistant Principal, Hilltop Middle School, expressing concerns regarding traffic and parking conditions adjacent to Hilltop Middle School. It is recommended that staff be directed to work with Sweetwater Union High School District staff to discuss on-site parking alternatives. c. Letter of resignation from Liz Lebron - Economic Development Commission. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. ORDINANCE 2651 AMENDING CHAPTER 2.66 - PARK AND FACILITIES RULES {second readinl and adoption} - Chapter 2.66 of the Municipal Code, which governs the roles and regulations for use of city parks and facilities, has not been subs 'tantially changed since 1974. The Department has undertaken the task of reviewing this Chapter and proposing various amendments to the sections therein. The intent of the proposed amendments is an administrative "house cleaning" procedure to create roles which are more applicable to situations encountered in the parks. Staff recommends Council place the ordinance on second reading and adoption. (Director of Parks and Recreation) 7. RESOLUTION 18080 APPROVING COUNCIL POLICY REGARDING THE USE OF NON-PROFIT ORGANIZATIONS IN RELATIONSHIP TO THE BOARDS AND COMMISSIONS SYSTEM OF THE CITY - In response to a request from the International Friendship Commission (IFC) for staff assistance to form a non- profit corporation, Council directed staff to review the request and provide a report back. Staff recommends Council: (1) approve the resolution; (2) direct staff and the City Attorney to work with the IFC in drafting Articles of Incorporation and By-Laws, that include conditions similar to those described on page 11 of the report, and bring back a proposed structure for a non-profit to supplement the IFC for Council review; (3) conceptually approve the draft Articles of Incorporation and By-Laws for the Police Activities League and authorize the Chief of Police and City Attorney to ~nalize and submit them to the appropriate state agencies for processing the PAL incorporation as a non-profit. (Deputy City Manager Thomson and City Attorney) Councilmember Alevy questioned if the proposed action released the City from any fiscal or legal liability. Mr. Googins responded that it was his understanding that one of the goals of the policy was to create the types of organizations that would insulate the City from liability. 8. RESOLUTION 18081 APPROVING AGREEMENT WITH SAN DIEGO STATE UNIVERSITY TO PROVIDE $66,960 TO THE CITY FOR THE SMARTCOMMUNITY PROJECT, APPROPRIATING $57,995 FROM THE UNAPPROPRIATED GENERAL FUND BALANCE, AND AMENDING THE FISCAL YEAR 1995/96 BUDGET TO ADD A 0.60 FTE TEMPORARY EXPERT PROFESSIONAL POSITION TO THE MIS BUDGET - During the budget process for fiscal year 1995/96, Council approved staff to explore the possibility of having the City work with Caltrans on the SmartCommunity project to develop the "Electronic Highway Alternative". For the SmartCommunity project, Calltans would contract with San Diego State University, Minutes October 24, 1995 Page 3 who would be the primary contractor. San Diego State University would then contract with the proposed subcontractors, the City, the University of California at Davis, and the Center for the New West. Staff recommends approval of the resolution. (Director of Management and Information Services) 4/Sth's vote required. Pulled from the Consent Calendar. Councilmember Alevy felt it was a commendable program. It was his understanding that part of the funds granted would be passed through to the City with the exception of about $18,500. Louie Vignapiano, Director of Management & Information Services, responded the entire $66,000 would come back to the City. Part would be passed through and the City would use those funds for a subcontractor and .60 FTE. Approximately $8,000 would reimburse the City for staff currently in the 1995/96 budget. The City match was staff time which would not be reimbursed. Councilmember Ahvy stated that staff was not asking for more money than had been budgeted. Mr. Vignapiano responded that was correct. Mr. Thomson stated the staff time was for himself, Mr. Vignapiano, Mr. Palmer, Diane Bendarski, and Barbara Bamburger. Councilmember Moot questioned the method for the pass through of funds. Mr. Vignapiano stated the resolution would appropriate the funds and as it was spent it would be reimbursed through the San Diego State contract. The .60 FTE would be paid on a bi-weekly basis and claims would be submitted to San Diego State on a monthly basis. Mr. Thomson stated the City could be one month behind in reimbursement, but many of the costs would be incurred anyway, i.e. the existing staff time. Staff felt it was a net plus to the City financially as well as from the programmatic standpoint. RESOLUTION 18081 OFFERED BY COUNCILI~IEMBER ALEVY, reading nf the text was waived, passed and approved 4-0-1 with Rindone absent. 9.A. RESOLUTION 18082 APPROVING AMENDMENT NUMBER 2 TO AGREEMENT NUMBER 94- 04772V WITH THE UNIVERSITY OF CALIFORNIA - DAVIS TO THE ORIGINAL TELECENTER SERVICES AGREEMENT EXTENDING THE TERM, PROVIDING $40,000 IN ADDITIONAL SERVICES AND APPROPRIATING BUDGET ACCORDINGLY - Approval provides for an additional $80,000 in funding for the two telecenters, approves budget for same, and extends the telecenter personnel for an additional two years or until non-city funds are extinguished. Staff recommends approval of the resolutions. (Environmental Resource Manager) 4/5th's vote required. Pulled from the Consent Calendar. B. RESOLUTION 18083 APPROVING AMENDMENT NUMBER 1 TO AGREEMENT NUMBER 94- 05798V WITH UNIVERSITY OF CALIFORNIA - DAVIS 1N THE ORIGINAL TELECENTER SERVICES AGREEMENT EXTENDING THE TERM, PROVIDING FOR $40,000 IN ADDITIONAL SERVICES AND APPROPRIATING BUDGET ACCORDINGLY - 4/5th's vote required. Councilmember Moot stated the agenda indicated that there were two more years of funding left from the grant sources available for the program. Barbara Bamburger, Environmental Resources Manager, responded that funding was available through June although staff believed that some of those funds would be carried over into the next fiscal year, i.e. at least one more year of funding. Councilmember Moot questioned why it stated two years on the agenda. Minutes October 24, 1995 Page 4 Ms. Bamburger responded that staff anticipated the receipt of additional funds that would allow the City to continue the positions as non-city funds were received without re-establishing the position on a year-to-year basis. Councilmember Moot questioned why Council would approve a budget when they did not know if the funds were available. Mr. Thomson statexl it was his understanding that the positions were not being extended for two years, but the remainder of the present fiscal year. Ms. Bamburger responded that was correct. Councilmember Moot stated he did not know if the project would be viable past the time that the funding was available to the City. He questioned why there were two identical but separate budgets for the telecenter project and why staff had not looked at cost saving ways of budgeting the program. He further questioned why the budgets were not consolidated in order to save on costs and expenses. If the program was going to be viable past the grant funding he felt the Council should be looking at other ways of organizing and structuring the budget rather than simply duplicating resources between the two centers. Ms. Bamburger stated the reason the budget was separated into two different accounts was because the funds were generated from two separate contracts. It was done primarily for invoicing purposes for reimbursement. The positions did do different things and were not redundant. One position was geared toward development and recruitment of employers/employees to utilize the center as telecommuters and the other position was to develop teleeommuting business partnerships to enable the centers to bring in revenue. The reason it was designated as such was because the categories were the same, but the actual implementation for the promotional efforts were geared toward different elements. Councilmember Moot questioned if the separate grants had to be separately accounted for. Ms. Bamburger responded that was correct because they were separate contracts. The City had to account for each of the contracts which were allocated for two ditTerent telecenters. In order to do that it had to be budgeted separately. · Rod Davis, Chair of the Telecenter Task Force, stated there was X amount of money for salaries, which could only be used for salaries, and for a specified amount of time. It had been his initial thought of having one person for two years instead of two people for one year. The answer was that the grant was not structured to give the City that flexibility. Councilmember Moot felt the program had been set up for ultimate failure because they were not allowed to organize it under some generally accepted business principles. When the grant money was gone there would not be a structure in place to keep the program alive. Mr. Davis stated the caveat on the grants was that it was an experiment and he felt they had set rules and goals within a limited period of time to see if the program could succeed, but they were more interested in the process than whether the program was a success or failure. Ms. Bamburger stated the funds were typically gone as of June 30th every year so there was a limited amount of time. If the funds were not spent they were not extended. It was staffs hope and strategy to develop partnerships to bring in revenues to continue and make the telecenters self-sufficient beyond the grants. Councilmember Moot stated it was only prudent to make use of the monies available, but he requested a report at a future meeting with an outline on how to sustain the program past the life of the grant funds. RESOLUTIONS 18082, 18083, AND 18084 OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. 10. RESOLUTION 18084 ADOPTING THE CHILDREN'S INITIATIVE - The City has received a letter from County Supervisor Dianne Jacobs requesting support of the Children's Initiative. Staff and the Child Care Minutes October 24, 1995 Page 5 Commission were asked to review the request and make a recommendation. Staff recommends approval of the resolution. (Director of Parks and Recreation) 11. RESOLUTION 18085 DECLARING THE INTENTION TO ESTABLISH OPEN SPACE DISTRICT NUMBER 33, BROADWAY BUSINESS HOME VILLAGE, APPROVING THE BOUNDARY AND ENGINEER'S REPORT AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF AND SET THE DATES OF THE PUBLIC HEARING FOR DECEMBER 5, 1995, AT 4:00 P.M. AND DECEMBER 12, 1995 AT 6:00 P.M. - In accordance with Municipal Code Section 17.07, The Landscaping and Lighting Act of 1972 and per the requirements of the development agreement between the Redevelopment Agency and Broadway Village Business Homes, L.P., a California limited partnership, staff is initiating the creation of Open Space District Number 33, Broadway Business Home Village. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. John Lippitt, Director of Public Works, stated the standard procedure under state law was to have 45 days from the first publication before final action could be taken by Council. The developer wanted to move the hearing forward as much as possible. Staff had been working with the City Attorney's office to see if that could be done. Staff recommended that two hearings be set for November 14 and 21 with the final hearing in December. Staff would continue their research to see if the necessity of the December hearing could be negated. Mr. Googins stated the applicant requested staff' look for a mechanism where the formal 45 day requirement of the Brown Act, which was cross referenced with the Streets & Highway Code provision, be looked at to see if in fact, given that the Redevelopment Agency owned the property and the only other property with a nonfinal interest was the developer pursuant to their Disposition and Development Agreement. In reviewing the applicable provisions there was not an expressed provision for a waiver or reduction of the notice period under any circumstances. There appeared to be a provision which would allow a developer, attempting to form an assessment district, to waive notice under an earlier version of the Street & Highway Code, but it was subsequently deleted. Staff was somewhat concerned as to why it was deleted as a waiver provision which in effect was what would be granted. Given that the RDA was the owner of the property the applicant was willing to shorten the notice. Under the appropriate circumstances staff felt it would be defensible to hold the hearings on the dates suggested provided that the developer gave the City a waiver prior to the 11/21 hearing indemnif~'ing the City against any challenges based upon the fact that the City shortened the 45 day period. The December date would be reserved in case research necessitated that a final hearing be held. · Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, felt it incomprehensible that with the City being the only one involved that the applicant had to wait any period of time past the current meeting to form the assessment district. He felt the project was very important to the City and that it needed to move forward. Councilmember Alevy questioned if Council needed to wait or if they could take action at the meeting. There were only two parties and no homeowners were involved. Mr. Googins stated there were separate public noticing provisions to give the public-at-large an opportunity to express their views. The Brown Act and the Streets & Highway Code were very clear that the public meeting and hearing at which the assessment district was actually formed could not be conducted at the same time the resolution of intent was adopted. There was a 10 day and 7 day noticing. From a legal standpoint staff recotmnended that the public hearings be held on 11/14 and 11/21. The applicant was processing other things concurrently which would take until 11/14 or 11/21 so it would not delay the developer. Councilmember Alevy questioned if creating the assessment district cleared the City of liability. There was an expenditure of $22,525/year for the maintenance district and he questioned who would pay that amount. Mr. Lippitt responded that $22,252 was the ultimate assessment when the project was built out to 36 townhomes. That would be paid for by the owners of the units. Mayor Horton left the meeting at 7:16 p.m. in order to accept the "Grand Orchid" award for the South Chula Vista Library. Minutes October 24, 1995 Page 6 RESOLUTION 18085, AS AMENDED, OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. Resolution 18085 to be amended to delete the public hearing date of 12/3/95 and add 11/14/95 at 6:00 p.m. and 11/21/95 at 6:00 p.m. 12. RESOLUTION 18086 ADOPTING 1994 STANDARD "GREENBOOK" SPECIFICATIONS, REGIONAL SUPPLEMENTS AND CHULA VISTA STANDARD DRAWINGS AND STANDARD SPECIFICATIONS - On 10/6/92, Council adopted the 1992 Regional Standard Drawings and Standard Specifications for construction of public works facilities in the city. The Regional Standards Committee has revised the standard drawings and specifications and published the revised 1994 edition. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. Clifford Swanson, Deputy Director of Public Works/City Engineer, stated in preparing the agenda item staff believed they had agreement with all of the developers but subsequent to the agenda item going to Council, EastLake Development questioned Chula Vista Standard Drawing No. 34 - Open Space Wall Location. They indicated they wanted the entire item pulled in order to review it further. Staff had since discussed it with EastLake and McMillin and they indicated they did not have a problem with the other design standards or items presented. Therefore, staff recommended that the item be adopted with the elimination of Chula Vista Standard Drawing No. 34. It was staff's intention to meet with the developer along with the Parks & Recreation Department to find a solution. Staff anticipated returning to Council with that design standard in approximately 30 days. Mr. Googins recommended that Resolution 18086 be amended, paragraph 6, to read "... with the exception of Chula Vista Standard Drawing No. 34 pending statics reevaluation, staff to return as soon as possible with a recommendation on this item." RESOLUTION 18086, AS AMENDED, OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved 3-0-2 with Horton and Rindone absent. Paragraph 6, to read "... with the exception of Chula Vista Standard Drawing No. 34 pending staff's reevaluation, staff to return as soon as possible with a recommendation on this item." * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS · Cindi Binno, 940 Nolan Way, Chula Vista, CA, representing South Bay Pentecostal Church, informed Council that the Church would be sponsoring the Kids Power Harvest Festival from 5:00 - 8:00 p.m. on October 31st at the Memorial Bowl. It was not a church fund raiser but an event for the entire community. She asked for any support the Council, businesses, or conununity could give. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 13. RESOLUTION 18087 AMENDING THE DRAFT 1995 SPHERE OF INFLUENCE UPDATE STUDY (PCM 93-05) AND DIRECTING THE AMENDMENTS BE SUBMITTED TO THE LOCAL AGENCY FORMATION COMMISSION -On 3/14/95, Council approved the 1995 Sphere of Influence Update Study and directed that the Study be submitted to the Local Agency Formation Commission (LAFCO) for adoption. Staff filed I I Minutes October 24, 1995 Page 7 the Study with LAFCO. In response to special districts and LAFCO comments on the Study, staff is proposing amendments concerning water service. Staff recommends approval of the resolution. (Special Planning Project Manager, Otay Ranch) Councilmember Padilia questioned if the significance of the language change affected the underlying entitlemerits in terms of the Charter. Gerald Jamriska, Special Planning Projects Manager, responded that the resolution could not take away the Charter authority. RESOLUTION 18087 OFI, ERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 8, 9, 11, and 12. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S} a. Scheduling of meetings. Mr. Thomson reminded Council that there would not be a Council meeting on 10/31/95. b. Mr. Thomson introduced the new Human Services Coordinator, Jennifer Bartindale. 15. MAYOR'S REPORT(S) · RESOLUTION 18088 OPPOSING U.S. SENATE BILL S.269 UNLESS AMENDED - S. 269 (SIMPSON) IMMIGRATION/BORDER FEES would establish a $1 land border crossing fee for all non-commercial traffic, with unspeci~ed discounts available to frequent crossers. Other provisions include pilot programs for automated border crossing facilities, hiring of 700 new Border Patrol agents per year through the year 2000, hiring 300 new INS investigators per year through the year 1998, and strengthening criminal penalties for alien smuggling or document fraud. The Legislative Committee recommends a position of "Oppose unless amended" and general opposition to the border fee component of the bill. Councilmember Alevy questioned if the item was time sensitive. Gerald Young, Senior Management Assistant, stated no hearings had been scheduled on the bill, but it was brought forward because hearings could be scheduled rather quickly. MSC (Padilla/Alevy) to table the item until placed back on the agcnda by the Mayor. Approved 3-0-:l with Horton and Rindone absent. 16. COUNCIL COMMENTS Councilmember Alevv · Councilmember Alevy welcomed Ms. Bartindale and hoped that part of her duties would be the writing of grants to help the Otay Gym project. · Councilmember Alevy stated he represented the City at the opening of the Postal Encoding Center on Bay Boulevard. He r~ommended that the facility be inctuded on the next CIP tour. Minutes October 24, 1995 Page 8 ADJOURNMENT ADJOURNMENT AT 7:30 P.M. to the Regular City Council Meeting on November 7, 1995 at 4:00 p.m. in the City Council Chambers. CLOSED SESSION Council met in Closed Session at 7:27 p.m. and reconvened at 7:30 p.m. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to Government Code Section 54956.9 · Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. · Wolfe vs. the City of Chula Vista. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, 1AFF, Executive Management, Mid° Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: Vicki C. Soderquist, CM~.]~)puty City Clerk