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HomeMy WebLinkAboutcc min 1994/10/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 18, 1994 Council Chambers 6:08 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Hotton, Moore, Rindone, and Mayor Nader ABSENT: Councilmember Fox 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 MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: ao Cultural Arts Commissioner Lee Wheeland introduced the Chula Vista Children's Choir in recognition of "National Arts & Humanities Month." b. Presentation by Bonita-Agua Dulce 4-H Club. CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed and approved 4-0-1 with Fox absent. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating there were no reportable actions taken from the Closed Session of 10111194. It is recommended that the letter be received and filed. 6. ORDINANCE 2606 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE - INCREASING STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN ZONES, SCHEDULE IX - 600 BLOCK OF NAPLES STREET AND AFFIRMING TRIAL TRAFFIC REGULATION (second readin~ and adootionl - The City Engineer has determined the need to establish a posted speed limit in the 600 block of Naples Street. A traffic and engineering study, as required by State law, was conducted by staff. It was determined that the 85th percentlie speed on Naples Street is 35 mph between Industrial Boulevard and Broadway. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Mayor Nader stated the Safety Commission had unanimously recommended the establishment of a posted speed limit on the 600 block of Naples Street, therefore, he would support the ordinance. Concern had been expressed by school officials that motorists were not slowing down when children were present. He questioned if staff had taken follow-up action regarding that concern. Minutes October 18, 1994 Page 2 Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that it was partially an enforcement problem. The issue of establishing posted speed limits on that area of Naples Street was initiated in part due to the concern of the Police Department regarding the effectiveness of enforcing the speed limit of 25 mph when children were present. Signs had been posted in the area for several years. Prior to the City posting a 35 mph on the street there was no speed limit posted in the 600 block of Naples. Staff felt the action would make it easier for the Police Department to enforce it. Mayor Nader questioned whether that would be done with additional patrols, etc. He suggested that staff look further into photoradar. Mr. Goss stated a report had gone to Council several years ago on photoradar and staff had recommended against it at that time. Mayor Nader requested that he be given a copy of the report and minutes of the meeting. Councilmember Rindone stated he was not interested in bringing the issue back at the present time. Mayor Nader stated he was only asking for information at the present time. 7. ORDINANCE 2607 PREZONING 14.23 ACRES OF LAND LOCATED NORTH OF TIlE TERMINUS OF MOONVIEW DRIVE TO RE-P (8.37 ACRES) AND RE-40 (5.86 ACRES) (second readin~ and adoption) - The item involves a prezone of 14.23 acres to the City's RE-P and RE-40 zones, and the subdivision of 8.37 acres of the 14.23 acres into 12 residential and 2 open space lots. The parcel to be subdivided is proposed to be prezoned to RE-P. Two adjoining parcels to the east owned by the Sweetwater Authority are proposed to be prezoned to RE-40. All parcels are located north of the terminus of Moonview Drive in the County of San Diego. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 8. RESOLUTION 17689 APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER NUMBER NINE WITH DOUGLAS E. BARNHART, INC., FOR FORCE ACCOUNT WORK, CARPET, ELECTRICAL AND MISCELLANEOUS CHANGES - Change Order Number Nine is composed of various components including force account work, carpet, electrical, and other miscellaneous changes. The Change Order totals $19,313, sixty-five percent of which will be reimbursed by the State Grant. Staff recommends approval of the resolution. (Library Director/Director of Public Works) 9. RESOLUTION 17680 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK SAFETY PROGRAM, FOURTH AVENUE, EAST SIDE - FROM 450 FEET SOUTH OF ORANGE AVENUE TO ANITA STREET" (STL-218) IN THE CITY - On 8/3/94, sealed bids were received for "Sidewalk Safety Program, Fourth Avenue, East Side - from 450 feet south of Orange Avenue to Anita Street" (STL-218). The work to be done consists of street widening, new curb, gutter, sidewalk, and miscellaneous landscaping. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. Continued from the meeting of 10/4/94. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. Minutes October 18, 1994 Page 3 ORAL COMMUNICATIONS Dr. Robert Penner, Port District Commissioner, 681 Third Avenue, Chula Vista, CA, stated three items had been on the Port agenda regarding the South Bay. The first item was a request by the City t~ help with the Border Environmental Commerce Alliance (BECA) to have a building from the Rohr tenancy at the Port made available to the City. The Port passed a motion that would waive Rohr's rental payments for three years provided that Rohr would allow Building 52 and the adjacent parking lot to be made available to the City at no cost. The second item was regarding the Marina rents. There was one marina and two tenants in Chula Vista. A compromise was reached where the rents for three years would go to 20% with the tenants in the South Bay being charged 19%, which recognized for the first time that there was a significant disadvantage for the marina operators in the South Bay. The third issue was an effort on behalf of the Port to involve the South Bay cities in the America's Cup activities. There would be a series of races in which each of the South Bay cities would be represented. The city would then award a prize to the winner. · Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, representing The Peoples Lobby, referred to a letter sent to the Mayor/Council on 10/5/94. Mayor Nader informed Mr. Garcia that the letter would be on the 10/25/94 Agenda under Written Communications. Mr. Garcia read the letter regarding the administrative practice of using sewer funds, the scaling back of sewer fees, and the refund of surplus sewer funds. · Robert McCauley, 1987 Bucknell, Chula Vista, CA, Chair of the Veterans Advisory Commission, requested an update on the land swap for the proposed Veterans Home. It was his understanding there would be a meeting on 10/27/94 at which time the City would make a presentation to the Governor's Commission. Mayor Nader stated staff was preparing a presentation for the 10/27/94 Veterans Task Force meeting. He questioned whether there would be a problem in disclosing publicly the current status of the negotiations for the proposed Veterans Home site. Mr. Boogaard responded that the City was in active negotiations with the school district and it could jeopardize the City's position. Mayor Nader stated that based on the advice of the City Attorney he would not discuss it publicly. The item was on the Closed Session agenda and he felt Council should consider whether they wanted to choose to bring the Veterans Advisory Commission Chair up to date on the negotiations. Closed Session was to protect the public from those not on the City's side and he did not feel it would jeopardize the City's position, Mr. McCauley stated he would swear to confidentiality. Mayor Nader stated that would be a condition, but Council would have to discuss it in Closed Session first. Negotiations were taking place outside of public sessions, but approval of any agreement with the Sweetwater Union High School District would have to be a public action. BOARD AND COMMISSION RECOMMENDATIONS 10. LETTER FROM THE CHARTER REVIEW COMMISSION SUGGESTING THAT TO BE CONSISTENT WITH THE PRESENT LANGUAGE IN THE CHARTER, THE TITLE OF MAYOR PRO- TEMPORE, RATHER THAN VICE-MAYOR, BE USED WHEN REFERRING TO SUCH OFFICE Councilmember Moore agreed that it could be confusing to the public. He felt the City should abide by the Charter. Minutes October 18, 1994 Page 4 Mayor Nader stated the Commission was making a request that Council use the term Mayor Pro-Tempore and not that there be any policy, ordinance, or law enacted to that effect. Mr. Boogaard stated the Commission was expressing their desire to create a conformity in word usage. They did not want to make a big deal out of it, but there had been confusion expressed to them by the public. Some of the proposed Charter amendments may affect the use of the term. Councilmember Rindone stated he supported the logic of the recommendation, but in review of the other 17 cities in the County the term used predominately was Vice Mayor. He felt Mayor Pro-Tempore was acceptable for official business, but for understanding in the community the term Vice Mayor was appropriate. He did not see a need to change the Charter. ACTION ITEMS 11. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. No report was given. REPORT CONSIDERATION OF A RESIDENT SURVEY ON THE CITY'S REFUSE, RECYCLING, AND YARD WASTE PROGRAMS - On 9/6/94, Council discussed the issue of sending a survey to residents addressing the recent inquiries made by the public regarding the refuse, recycling, and yard waste collection programs and their impact on rate payers. It was the consensus of the Council that staff should draft a survey to be brought back for further consideration. The survey was prepared by the Conservation Coordinator with support from the Public Information Officer. The survey report includes the Council comment regarding the intent, effectiveness, and costs of a proposed survey. The survey attempts to address the intent and spirit of public comments that have been received by the Council, Laidlaw Waste Systems, and staff. Staff recommends Council defer a decision on a mail survey until the Conservation Coordinator has submitted the refuse/recycling public education plan tentatively scheduled for the 11/1/94 meeting. (Administration) Michael Meatham, Conservation Coordinator, stated staff had responded to a Council referral to bring back a draft survey in time to go out with the Quarterly Newsletter. Unless the survey went forward immediately it could not be included in the next Quarterly. Mayor Nader stated he was the originator of the proposal for a ratepayer survey and his purpose was to get some guidance on basic questions of what the ratepayers thought would be most fair for distributing certain costs. The draft was more exhaustive and complicated than he had intended. He did not feel Council was prepared to move forward with the survey, especially since staff was recommending a continuance. Therefore, he felt it was b~tter that it be brought back at a later date even if it meant that it would not go out with the next Quarterly. Councilmember Rindone stated he would make a motion to file the report because it was a complex issue. Any survey prepared would immediately become obsolete. The public was aware that Council had taken a pro-active position with one goal, i.e. to provide the best and lowest long term rates. Council would have to determln~, the best way of achieving that goal. The biggest interest of the ratepayers was the cheapest way of ensuring that for the long term. As long as Council did not vary from that position it was not essential that the City spend the taxpayers money, time, and effort on a survey that would be obsolete before it could be completed. MS (Rindoneatorton) to file the report. Mayor Nader stated he would vote against the motion. When he first asked for a ratepayer survey it was not on the goals Councilmember Rindone was talking about. It was on certain issues that would not go away or become obsolete under any circumstance. That was the issue on how certain costs should be distributed and if the City should be basing the rate on actual use, a flat fee per household, and how it should be distributed among different types of users. There was always a group of citizens that would say that was a stupid thing to do and another group that would say it was what the City should have done all along. He felt there was only one way to get a real feel Minutes October 18, 1994 Page 5 as to what most of the ratepayers felt would be the fairest way to assess those rates and that was to ask their opinion in a survey that every ratepayer would get. It should not be complicated, two or three questions at the most. He could not understand why the City would not want the opinion of the people that would have to pay the rates as to the fairest way to assess them. VOTE ON MOTION: approved 3-1-1 with Nader opposed and Fox absent. Councilmember Moore stated some residents had purchased containers for composting and would now be charged for their yard waste under the universal rate. He questioned what could be done for those people. Mr. Meatham stated the yard waste charge was being universally applied to residential ratepayers. He had prepared an information item for Council explaining the progress of the program and how the City had achieved a 25 % increase in yard waste and how it would potentially save the ratepayers money in the future. Councilmember Moore questioned if there was an exception to rule, such as the exception for trash where a resident could take their trash to the landfill and produce the receipts to the hauler in order to obtain the exemption. Mr. Menchum responded that exemption for trash was included in the Municipal Code and it was his understanding that there were no single family residential units in the City that provided receipts to the hauler for an exemption. 12. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. No report was given. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 13. CITY MANAGER'S REPORT{S) a. Mr. Goss stated that a notice had been sent out regarding the public hearing before the County Board of Supervisors on the permitting of the Daley Rock Quarry. He questioned whether Council would present the request for continuance. There were two issues, i.e. 1) the continuance to give the City the opportunity to respond to the reports that were issued late from County staff; and, 2) if the continuance was not granted, the content of the City's concerns regarding the permit. Councilmember Rindone stated he hoped the Mayor or Mayor-Elect would be able to represent the City. Mayor Nader stated that he would attend the public hearing. He questioned if the notice encouraged citizens to contact a specific member of the Board of Supervisors regarding the issue. Mr. Goss stated the notice urged people to contact a County staff member if they wanted additional information, if they wanted to find out about the City's objections a City number was listed, and all five Supervisors were also listed with their numbers. b. Scheduling of meetings. Mr. Goss stated the 10/25/94 agenda contained the following items: 1) donation of land and waiver of fees for the Veterans Home; 2) agreement with the YMCA for the pool of which there had been points of contention between the YMCA and staff, and the Parks & Recreation Commission and YMCA which could generate considerable discussion; 3) the billing of the residential sewer charges on the property tax bill which had 38,000 notices mailed; and, 4) waiving the DIF for religious and other non-profit service organizations. Staff Minutes October 18, 1994 Page 6 was recommending that the waiving of the DIF for religious and other non-profit service organizations be continued to the meeting of 11/15/94 because the agenda was so full and also because the Public Works' staff and Attorney's staff were not fully prepared. Staff had surveyed some of the interested churches, i.e. Father Proctor was out of the country but a representative had stated they preferred to have it on 10/25/94, the pastor from Victory Lutheran stated he did not have a problem with the 11/15/94 date although he would oppose a continuance to 11/1/94, a representative of the Church of Joy stated they preferred 10/25/94, but if continued preferred the 11/15/94 date, and First United Methodist Church stated to avoid a late meeting they would support a continuance to 11/15/94. Mayor Nader stated his office had been contacted by one church that expressed concern with the delay. He questioned what still needed to be done before staff was ready to move forward. Mr. Goss responded that a lot of information had been requested, i.e. number of 501(c)3's in the City, further discussion regarding modification of the fee to reflect the amount of acreage of property used by the facility rother than the total amount owned in order to mitigate the total responsibility by the church, as well as eommunicating more fully about the mitigation that could occur in terms of what total costs would be regarding Park & Ride lots. John Lippitt, Director of Public Works, stated those were the main issues and staff had some discussion with the City Attorney, but the problem had been to solidify the positions between the City Attorney's office and the Public Works' staff and trying to get it done in time to prepare a final report. Mr. Goss stated staff had not been dragging their heels, but suggestions had been made and additional dialogue had occurred. Their intent was to bring it together in complete form and staff was worried that it would not be complete for the 10/25/94 meeting which, experience had shown did not usually have a good result on an item that had as much public interest as the issue had. Councilmember Rindone stated an issue that had as much public interest as the issue had, if not examined from all options certainly would not represent the impacts. If staff had not had an opportunity to examine the additional issues that had come to light that would not be in anyones best interest and could create further delay. He was pleased to hear of the staff's efforts to analyze those options. He had not seen an agenda with as many controversial items and felt staff needed to balance the agendas. He supported the staff recommendation. He had received numerous contacts regarding the issue and felt it important to state that there had not been a decision made pro or con on the issue. He requested that staff (Sue Snyder), if the item was continued to the 11/15/94 meeting, send revised letters to those that had already been sent a response. Councilmember Moore stated there was a lot of concern and most people did not understand what had brought the issue about. A major program had been established regarding vacant land usage and major arteries and streets that would support the land when it developed. Council was being asked to revise a multi-million dollar program, in a fair way, to generate funds for those major streets and the delay had been due to the fact that soma people disagreed with the way the formula worked. He did not feel the majority of people had any idea of what the taxing was and who paid for the major streets. He still felt Council needed all the data before them when the item was being considered. Mayor Nader stated he was concerned with a continuance because a lot of people had been notified and there was more public interest on the item than many other items before Council. A large number of people, thousands, were aware that a public hearing was schedule for 10/25/94. He understood the need for a complete staff report, but the reality was that new suggestions and ideas would continue to come up. He felt it would be best to move forward with the public hearing on the date specified and if there were ideas presented by either staff, Council, or the public final action did not have to be taken that night. It could be referred back to staff, Council could request supplemental information, amend the item or recommendation, etc. prior to taking any fmal action. He was concerned with some of the publicity and stated there was no such thing as a City position or a City proposal that Council had not acted upon. He felt it was important that everyone understand that only the Council could sot policy for the City and up until such time that the Council acted, any proposal or potential proposal was nothing more than an idea from staff or an individual Councilmember or citizen and was not a position of the City of Chula Vista as had been reported in some of the correspondence he had seen. He did not set himself in concrete before Minutes October 18, 1994 Page 7 any public hearing, but it was difficult for him to imagine any evidence that would be brought forward that would convince him that he should vote to tax churches and non-profit organizations. Councilmember Rindone stated he was concerned with the information provided by Mr. Goss. The request was not only for the number of 501(c)3 organizations within the City, but also the size of the organization and how that would impact any decision pro or con. Mr. Goss responded that it was his impression that the request was for the number of 501(c)3's and he was uncertain as to whether staff was looking into the size of the organizations. Mr. Lippitt responded that part of the problem discussed in the report was that staff knew what type of organizations were categorized as 501(c)3 and had discussed another way of charging non-profit organizations and churches rather than acreage, but on the square footage of the building which would be more beneficial to the smaller organizations and churches. Mr. Rindone stated that would be part of it, but if Council decided to not charge any fees the amount of fees that would not be applied would have to be assessed to the business community and Council would need to know what that amount was. Councilmember Moore stated if several Members of Council were firm in not having a TransDIF fee for churches and non-profit organizations another burden on staff would be what action did that trigger, i.e. replacement funding for the shortfall and did that trigger refunds for others. Mayor Nader stated he assumed staff would be bringing forward some analysis or methodology as to the fact that the bulk of the trips generated by the facilities, in most instances, were coming from within Chula Vista and in the newer areas within developments that were subject to fees. He questioned what the methodology was for allocating those trips and the fees imposed to cover the cost of those trips. He felt therein would lie the answers to whether the City was already recovering those costs, if the imposing of the tax on the churches was double dipping, if the costs were not be recovered because the City had allocated 1/2 of the trip to the generator and 1/2 of the trip to the destination which might require a reallocation of those fees in order to cover the costs of the transportation plan, etc. Mr. Goss stated it was further complicated because certain churches that operated on a parish system may captur~ most of their trips in the neighborhood while other churches brought in trips from the neighborhood as well as the entire region. He was uncertain as to whether staff had been looking at that type of information. MSC (Rindone/Moore) to continue the public hearing for consideration on waiving of the DIF for religious and other non-profit service organizations to 11/15/94 and renotify those that would be most impacted and that any letters that had been sent to be reissued. Approved 3-1-1 with Nader opposed and Fox absent. 14. MAYOR'S REPORT(S) a. Site for KidzBiz Program - discussion and possible direction. No action taken. b. Mayor Nader stated the building from Rohr for BECA would be for two purposes: 1) an environmental technology resource center; and 2) an environmental business incubator. Both of the uses were key components of the City's effort to attract and incubate the environmental technology industries to the South Bay area. He appreciated the favorable response from the Port Commission. 15. COUNCIL COMMENTS - None Minutes October 18, 1994 Page 8 CLOSED SESSION Council recessed at 7:25 p.m., reconvened in Closed Session at 7:36 p.m., and reconvened at 10:19 p.m. 16. CONFERENCE WITH LEGAL COUNSEL - Existing litigation pursuant to Government Code Section 54956.9 17. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Government Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · City vs. Solid Waste Management JPA (differential rate structure and transfer station legal issues). · Settlement of City/Agency claim against Shinohara Insurance Company for landscaping contract. 18. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 · Title: City Attorney 19. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 20. REPORT OF ACTIONS TAKEN lN CLOSED SESSION - No final actions were taken in Closed Session. ADJOURNMENT ADJOURNMENT AT 10:20 P.M. to the Regular City Council Meeting on October 25, 1994 at 6:00 p.m. in the City Council Chambers. A Meeting of the Redevelopment Agency convened at 7:25 p.m. and adjourned at 7:35 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C Soderquist, Deput~it Clerk