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HomeMy WebLinkAboutcc min 1994/11/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 1, 1994 Council ChamberS 4:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: CouncilmemberS Fox, Ho~on, Moore, Rindone, and Mayor Nader 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 submittal 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CALENDAR (Item pulled: 9) BALANCE OF THE CONSENT CALENDAR OF/~'ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney reporting on actions taken from the Closed Session of 10/25/94. It is recommended that the letter be rec/~ved and filed. Councilmember Horton questioned whether 5a could be pulled from the agenda m discuss in Closed Session action taken by Council on 10/25/94. She want~l to reconsider and discuss the Daley Rock Quarry in Closed Session. The report was not inaccurate. Mr. Boogaard responded that if Council felt his report was inaccurate Council could address the inaccuracies. The subject matters should not be discussed unless listed on the agenda. The item was not listed on the agenda, but if it was something that came up late and it could be justified it could be added to the agenda for Closed Session. Councilmember Horton stated she wanted to discuss a possible mediation through SANDAG versus the action taken by Council as it could save the taxpayerS money. Mr. Boogaard stated following the direction by Council he had commissioned outside counsel to file suit before next Tuesday, therefore, it would justify being heard in Closed Session upon the proper motion. MSUC (Horton/Fox) to declare an urgency and add the Daley Rock Quarry litigation to Closed Session. b. Letter regarding administrative policy on use of sewer funds - Joseph W. Garcia, The People's Lobby, 484 Fifth Avenue, Chula Vista, CA 91910. The City Attorney is preparing an opinion, which will be distributed to Council Tuesday night. Continued from the meeting of 10/25/94. Minutes November 1, 1994 Page 2 Mayor Nader stated Council had just received the City Attomey's legal opinion with a request to continue the item to the 11/8/94 meeting. He felt that was the staff recommendation that had been approved on the Consent Calendar. He had not received the requested list of loans or appropriations from the sewer fund as requested by Council. * * * Councilmember Horton returned to the dias at 4:35 p.m. * * * Councilmember Moore stated the letter was to the Mayor requesting certain information which did not mean that it had to be brought forth to the Council. He had not voted to bring it back as an agendized item. Mayor Nader stated Council action bed been to have the information brought back. He felt it was staff's intent to bring it beck under Written Communications as a confmued item. Unless there was a motion to do something different the recommendation from the City Attorney to continue it to the 11/8/94 meeting would stand. Councilmember Moore stated Mr. Garcia should be provided the information, as was his fight. It was a privilege, not a right, to have it before the Council in an open meeting. It could take from 4-6 hours to fully explain why the City was doing something. c. Letter of resignation from the Economic Development Commission (ex-offido) - Glen Lewis, 2226 B Wyoming N.E., Albuquerque, NM 87112. 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 end the Public Library. d. Letter requesting waiver of any license requirements for Tiffany PTA Craft Fair to be hdd on November 19, 1994 - Marilee Castenholz McKelvey, Craft Fair Chairman, Burton C. Tiffany Elementary School PTA, 1691 Elmhurst St., Chula Vista, CA 91913. It is recommended that the waiver be granted. e. Claims against the City: Claimant Nuraber 1 - Frank Vega, and Claimant Number 2 - Margaret Vega, f'~ c/o Raymond H. Wood, Attorney at Law, 1810 Palm Ave., National City, CA 91950; Claimant Number 3 - State " Farm Insurance Company, c/o Jamie Anderson, Senior Claim Representative, 3232 Bouita Rd., Chula Vista, CA 91910; Claimant Number 4 - Thomas Baker, c/o Charles S. Roseman, Attorney at Law, 401 West "A" St., Ste. 2350, San Diego, CA 92101. It is recommended that the claims be denied. 6. RESOLUTION 17699 ACCEPTING DONATION OF FOUR (4) MICROCOMPUTER SYSTEMS FROM THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN - On 10/1/94, the National Center for Missing and Exploited Children donated four microcomputer systems to the Police Department. The National Center for Missing and Exploited Children is interested in assisting the Police Depafiment automete operations. The four microcomputer systems include 286 processors, keyboards end monochrome monitors. Staff recommends approval of the resolution. (Chief of Police) 7. RESOLUTION 17700 APPROVING AGREEMENT WITH COM-AID INC. FOR THE PURCHASE, INSTALLATION, AND IMPLEMENTATION OF VARIOUS TELEPHONE SYSTEM HARDWARE COMPONENTS - Agreement with COM-AID Inc. for the purchase, installation, and implementation of various telephone system hardware components for the South Chula Vista Library. Staff recommends approval of the resolution. (Director of Management & Information Services) 8. RESOLUTION 17701 AUTHORIZING TEMPORARY STREET CLOSURES ON SATURDAY, DECEMBER 10, 1994 OR SATURDAY, DECEMBER 17, 1994 (RAIN DATE) FOR THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION TO CONDUCT THE 32ND ANNUAL STARLIGHT YULE PARADE, AND WAIVING OF FEES FOR CITY-PROVIDED SERVICES AND SUPPLIES - The Downtown Business Association is requesting permission to conduct the 32nd Annual Starlight Yule Parade along Third Avenue on Saturday 12/10/94 or, in case of rain, on Saturday, 12/17/94, and is requesting various City-provided services 7 and supplies. Staff recommends approval of the resolution. Director of Parks and Recreation) .. ! li Minutes November 1, 1994 Page 3 9. RESOLUTION 17702 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF TURF TRACTORS AND MOWING EQUIPMENT - Bids were received on 9/19/94 for the following equipment for Parks and Recreation: (1) One Tuff tractor with front mounted mower; (2) One Turf mower, four-wheel drive; end (3) One Turf mower, two-wheel drive. Staff recommends Council approve the resolution awarding the contract for Item 1 to Pauley Ford, Item 2 to Bob Hicks Turf, end Item 3 to California Turf. (Director of Public Works, Director of Finance and Director of Parks end Recreation) Pulled from the Consent Calendar. Councilmember Rindone stated the resolution and recommendation by staff on the agenda were not the same as listed in the report. Item 3 should be "California Turf* not "Western Turf" as listed. MS (Rindone/Fox) to amend Resolution 17702, Item 3 to read: "California Turf" and approve the resolution as mended. Jerry Fenceraria, Deputy Director of Parks, responded that Councilmember Rindone was correct, it should be *California Turf" in both the agends recommendation end resolution. VOTE ON MOTION: approved unanimously. 10. RESOLUTION 17703 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF CAB AND CHASSIS WITH DUMP BODY - Bids were received on 10/10/94 for a Cab end Chassis with dump body for Public Works Operations. Staff recommends Council approve the resolution awarding the contract to Dion International Trucks, Inc. (Director of Public Works and Director of Finence) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING CONSIDERING THE VACATION OF THE PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORTH OF NAPLES STREET - Country Club Villa Estates, owner of the triangular piece of property between Moss end Naples Streets westerly of the juncture of those streets, has requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection. In accordance with the California Streets end Highways Code, on 10/4/94, Council set the associated public hearing for 11/1/94. Staff recommends approval of the resolution. (Director of Public Works) Time specific at or after 6:00 n.m. RESOLUTION 17704 ORDERING THE VACATION OF A PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORTH OF NAPLES STREET Mayor Neder stated the City Attorney was researching a possible defect in the noticing that could require a continuance of the public hearing. He would take comments and open the heating and if the Attomey's research concluded that the City had to continue the item the testimony taken would be incorporated into the record. John Lippitt, Director of Public Works, gave a brief beckground of the project end staff recommendations. Staff had reviewed the letter submitted by the Committee to Save Moss Street and had briefly reviewed it. The accounting of the square footage was incorrect regarding the $6,000 for the water easement, which was actually 11,500 sq. ft. Therefore, the full value was $18,306 X $5.00 which was $91,530 end the cost of the half value of the sq. ft. would be $11,500 X $2.50 which was $28,750 for a total of $120,280. The valuation based on the analysis in the staff report came out to be the same. Staff felt it was a policy decision as to the installation of improvements on Moss between Third end Alpine or if those funds should be differently. The issue had been before the Safety Commission, Planning Commission, and Resource Conservation Commission. The Safety Commission end Planning Commission recommended conditions that had been included in the staff recommendations. Minutes November 1, 1994 Page 4 Mr. Goss recomm~,nded that the $100,000 referred to in the report be utilized for curbs and gutters or if that was not chosen, that the money be put into the area, i.e. the neighborhood revitalization program established in that neighborhood as there would probably be a need for capital improvements as that program evolved. Mayor Nader stated he had been informed by the City Attorney that it was his opinion that the notice of the public hearing was defective and, therefore, the public hearing would have to be continued. MS (Nader/Fox) to continue the heating to 11/22/94 to provide legal notice, those speakers present would be given the opportunity to speak and have their commen~s incorporated into the record when action wan taken on 11/22/94 or return on 11/22/94 to speak on the issue. Mr. Bcogaard informed Council the notice did not have the language required by CEQA that specified the specific discretionary action that the Council would have to consider or the significant impacts that were mitigated by the mitigated negative declaration. The public was entitled to know the environmental impacts in order to properly decide whether to voice their concerns. Mr. Lippitt informed Council that notification could be mailed out on Wednesday which would allow the 20 days required notice. VOTE ON MOTION: approved unanimously. Councilmember Moore stated that part of the school route on Naples had incomplete sidewalks. Mr. Goss responded that the improvements on the north side of Moss did not include sidewalks, only curbs and gutters. He suggested that it be up to the Neighborhood Revitalization Committee to decide how that money would be spent. Councilmember Moore stated if the project adversely affected Alpine, Moss, and Naples that the money should be used on Alpine, Moss, and Naples and if there was anything left over it could be prioritized by the Neighborhood Revitalization Committee. Mayor Neder questioned if the Planning Commission bad recommended that the item be deferred until there was a specific development proposal. Mr. Lippitt responded that the Planning Commission's recommendation was that the issue of vacation be considered in conjunctionwith the proposed developmentoftheproporty. Therefore, aconditionhad been edded that Council's action would not become final until it was determined how the property would be developed. Mayor Nader felt the Planning Commission recommendation was that Council should see the whole package when considering the vacation. He questioned if it was part of the proposal that the vacated property be given to the private property owner. Mr. Lippitt responded that half of the street on the triangular side would revert to the property owner and the other half of the street would revert to the golf course. As a condition, either the improvements would have to be put in on Moss or the owner/developer would have to pay the City $100,000. Mayor Neder questioned whether $100,000 was the fair market value of the property. Mr. Lippitt responded that it was based on the analysis of using $5.00 sq. ~. based on comparables in the area. There was also a reduced value because there was a 20 ft. water line easement on Moss Avenue in that area. Mayor Nader questioned whether the Safety Commission recommendation to widen Alpine Avenue was included in the staff recommendation. Minutes November 1, 1994 Page 5 Mr. UlppiR responded that was correct, the developer would be responsible for those costs. All the improvements around the development were not pea of the $100,000, they would be required in conjunction with the development of their property. Councilmember Rindone questioned if the Country Club would sell the land that rever~l back to them to a developer. Mr. Lippitt responded that when the road was vacated the north half of the road reverted to the Country Club and they had an agreement to sell the property to the developer. Councilmember Rindone stated he did not see where the Country Club would return the value of the land to the City. Mr. Lippitt stated it was a total package. The City would vacate the roadway for consideration of the improvements off-site on Moss or $100,000. Upon fulfillment of either of those conditions they would be relieved of having to put in the improvements in the future along that portion of Moss off-site. Councilmember Rindone questioned if the fair market value for the land of $120,000 was only for the southern half of the land or for both halves. Mr. Lippitt responded that it was for the total property, both halves. Mayor Nader stated there was a reference in the letter regarding a bicycle lane on Naples and he questioned whether that was being done. Mr. Lippitt stated he would have to repoxt back to Council. Mr. Goss stated that as a general policy, many bicycle lanes were marked with signs only and not striping. Mayor Nader thought the City was going to lanes. If staff needed Council direction on that issue he requested that it be agendized. · Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Country Club Villa Estates, stated they supported the staff recommendations. The condition regarding the prohibition of access to Alpine Avenue from the applicants property was one that staff was recommanding that discretion be given to staff based on the site plan be'me presented. They felt the condition by staff that Council action not be final until there was an acceptable site plan met the concerns of the Planning Commission. They were prepared to move forward upon action by Council. They had worked out an agreement with the Country Club that if they were successrid in vacafmg the portion of Moss, the Country Club would give title to their portion of the street to his client and in consideration for that they would take on the obligation for the curbs and gutters, some roadway improvements, and street lights for the stretch of Moss going from Alpine all the way back to Third Avenue, which was valued at approximately $130,000. They preferred putfrog in the missing improvements rather than giving the City $100,000. Mayor Nader questioned if they intended that when a specific development plan was submitted that it would be within the existing General Plan designation. Mr. Cox responded that was correct. · Stephen Oggel, 111 Elm Street, San Diego, CA, representing the San Diego Country Club, stated he would speak at the 11/22/94 meeting. · Albertt Cabella, 1098 Alpine Avenue, Chula Vista, CA, statM he would speak at the 11/22/94 meeting. Minutes November 1, 1994 Page 6 · Jean Taylor, 1070 Jacqualine Way, Chula Vista, CA, stated the literature stated it was 8,322 sq. ft. but in checking with the title company and the County Map Division they stated it was only 6,3534 sq. ft. Mr. Lippitt stated that was the triangular parcel, but that was not being vacated. He would report back to Council on 11/22/94. Ms. Taylor recommended that as an alternative that Council allow the extension of Moss over into the Country Club and make a turn at First Avenue. The land could then be traded for doing the curbs and improvements over to Third Avenue. She was against the closing of Moss Street. · Ramona Estabrook, 1103 Dixon Drive, Chula Vista, CA, stated she was against the closing of Moss Street and expressed concern regarding the access of emergency vehicles and increased traffic between Naples and Moss. She had not received notice of the potential vacation of Moss Street. She questioned why the City had not maintained Naples Street. n Robert Gans, 129 Naples Street, Chula Vista, CA, stated he would speak at the 11/22/94 meeting. · Charles W. Mitchell, 161 Naples Street, Chula Vista, CA, spoke in opposition to the closing of Moss Street. He expressed concern for the safety of children walking to school due to the narrow width of Naples and street deterioration. He said there had never been an accident at the intersection of Naples and Moss Streets. He further expressed his concern regarding the safety of a "dog-leg' intersection. Mayor Nader stated the staff report indicated there had been three accidents within the last four years that were the result of drivers eastbound on Moss failing to yield the right-of-way to traffic eastbound on Naples. Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that the information in the staff report · Raul Castorena, 1101 Second Avenue, Chula Vista, CA, stated he would speak at the 11/22/94 meeting. · Jenene L. Boyd. 115 Naples Street, Chula Vista, CA, stated she would speak at the 11/22/94 meeting. · John Krabacher, 147 Naples Street, Chula Vista, CA, spoke in opposition to the staff recommendation. He stated the 10/4/94 staff report referred to the low number of accidents at the intersection and that those accidents mentioned did not appear to be attributable to the intersection. The report also referred to the people that used Alpine going north and then cut through to Moss Street and vice-a versa. Now, the prescriptive right issue had arisen which stated it could be costly to the City to defend it and the property owner stated he blocked the property at least one day per year since acquiring the land thus precluding the taking of the easement by prescriptive rights. He submitted 204 signed statements from the residents in the neighborhood that said they had never seen a barricade on the property. Therefore, he felt court action was eminent. He questioned whether Council could discuss that and let them know if they had legal rights, what would happen, what it would cost, how they would go about it, etc. Mayor Nader stated that Council generally discussed potential litigation in closed session because if it was done before the public the attorneys on the other side of the issue would hear the City's strategy and confidential advice. It could be put on for a closed session if the City Attorney felt it was worth pursuing. Mr. Boogaard stated he would review the issue and if he felt it appropriate would schedule a closed session for the the meeting of 11/22/94. He stated the documents would be kept secure in the Clerk's Office. Mr. Krabacher stated due to the statements made in the report regarding prescriptive rights he questioned if someone did not have to say someone was right and someone was wrong. By them proving their case it would move the proposed intersection up to align Alpine and Alpine. I[ Minutes November 1, 1994 Paga 7 Mr. Boogaard stated the prescription was not part of what was being proposed ~ be vacated. It had not been evaluated before because staff' s recommendation was to vacate and not litigate a prescriptive easement over a private parcel. If staff was prepared to recommend a redesign of that section it would be relevant. Mayor Nader suggested the City Attorney review the issue with staff to see if that information would change the staff recommendation and if the recommendation was that the City did not want the easement then it would not matter. Staff would review the issue and report back at the 11/22/94 meeting. ® Robert MacNear. 121 Naples Street, Chula Vista, CA, stated he was on the Castle Park Improvement Committee, and spoke in opposition to the staff recommendations. He had brought up the issue of it being a public access road in the past and the City Attorney stated he would investigate the matter and nothing more had been done. If it was public access land it belonged to the people. He expressed concern regarding the deteriorating condition of Moss Street and the additional traffic created by the project. Mayor Nadar stated the City had voted substantial mounts of money for street resurfacing programs. He agreed with the comments that the street had not been maintained adequately. He wanted staff to take the money appropriated for that purpose and use it because it was in the budget. Having been at that intersection common sense said that geometrics lead to the accidents in the area. Something needed to be done regarding safety at the intersection regardless of what was built. Councilmember Moore state~l the CIP program prioritized the street projects and that information should have been given to the Revitalization Committee for review. He request~xl that staff notify Council as to the projected date for major pavement improvement on beth Naples and Moss from the Hilltop to Third Avenue area. He requested that information be presented at the 11/22/94 meeting. ® Carolyn F.J. Butler, 97 Bishop Street, Chula Vista, CA, spoke against the closing of Moss Street. When the area was brought into Chula Vista the sidewalks, curbs, and gutters were to have been fixed. She wan~ul to know why the golf course did not have to fix their curbing on that corner. She suggested that a stop light be placed on Moss after Hilltop. Councilmember Fox questioned future plans for street widening or repair work in the vicinity of the subject area. He was concerned that some of the east/west streets were in danger of losing their residential character. Mr. Swanson responded that there were no current plans on the east/west streets. Staff was studying the esst/west streets in the southern part of the City and priortizing the work. That should be done in time for the next CIP budget. Naples Street was not on the seven year plan. The area was under study, at the current time there were no plans to widen or improve Naples. Mr. Lippitt stated in the area of Castle Park staff had been working on the revitalization area and developing cost estimates to improve the streets. That was still at a preliminary stage. Mayor Nader stated he was talking about overlaying Naples. Mr. Swanson responded that staff was studying that with the Neighborhood Revitalization Committee. When that study was completed it could put it on a higher priority. Councilmember Rindone suggested that staff address in the CIP budget the minimum of one major east/west street for improvement. The report indicated that staff believed that most of the concerns of the citizens could be mitigated by: 1) a stop sign at Naples Street and Alpine Avenue; and 2) have Council approve development plans for the triangular parcel prior to recording the resolution of vacation. Minutes November 1, 1994 Page 8 12. PUBLIC HEARING PCM-94-20/PCA-94-02; CONSIDERATION OF AMENDMENTS TO THE CITY LANDSCAPE MANUAL AND ASSOCIATED AMENDMENTS TO THE MUNICIPAL CODE - CITY INITIATED - The Landscape Manual has been revised to include the water conservation measures called for by AB 325, the Water Conservation in Landscaping Act. A copy of the draft Manual was filed with the State in September, 1992, and a representative of the State Department of Water Resources has acknowledged the City's compliance with AB 325. The Manual has also been updated to include standards for public landscape installations, and to formally incorporate current landscape practices from its last revision in 1978. Staff recommends the oublie heating be continued to 11/8/94. (Director of Planning) MSUC (Nader/Rindone) to continue the public heating to the meeting of 11115194. 13. PUBLIC HEARING ADOPTION OF THE SALT CREFK BASIN GRAVITY SEWER ANALYSIS AND ESTABLISHMENT OF THE SALT CREEK BASIN DEVELOPMENT IMPACT FEE - The Salt Creek Basin Gravity Sewer Analysis was prepared by Wilson Engineering to recommend sewer improvements necessary to convey sewage flows from the Salt Creek Basin to existing or proposed downstream sewerage facilities. Based on the Analysis, a Development Impact Fee of $280 per Equivalent Dwelling Unit should be established to pay for the fac'dities. Staff recommends the public hearing be continued to 12/6/94. (Director of Public Works) MS (NaderfRindone) to continue the public hearing to 12/6/94. Councilmember Rindone requested that the hearing be cont'mued to the meeting of 11/22/94 as there would be a change of Council at the 12/6/94 meeting. Two Councilmembers would be leaving on that date that had extensive backgrounds on the subject. John Lippitt, Director of Public Works, stated it involved a considerable amount of development within the County and staff had not had an opportunity to discuss it with them. SUBSTITUTE MOTION: (Rindone/Moore) to continue the public hearing to the meeting of 11/22/94, if it was not ready staff was to report back at that time. Approved unanimously. ORAL COMMUNICATIONS · Ruth Chapman, 8 Sierra Way, Chula Vista, CA, stated she was a member of the Sweetwater High School District Board, but was speaking individually. She requested Council consider the access issue before the placement of a veterans home by the hospital. She expressed her concerns regarding the additional traffic and lack of accessibility to the area. The property had not been declared excess property since 1988 end she felt that should be reviewed before making a decision. She stated they had other property that should be considered. Mayor Nader questioned whether alternative sites had been discussed with the district staff. Ms. Chapman responded that she had advised them that morning of other property but it had not been discussed at a meeting. Mayor Nader questioned whether a vote had been taken last week regarding a MOU. Ms. Chapman responded that there had been no open discussion of the matter or vote taken. Councilmomber Moore stated the plan approved around Sharp Hospital was delayed due to the economy, but when that project was built one of the first actions would be to put through Brandywine or Medical Center Road to Orange. Naples could also be used in case of an emergency. II Minutes November 1, 1994 Page 9 Mayor Nader questioned whether Council had been mis'mformed. Information given to them was that there had been a discussion of the subject with district staff and Board end a public vote had been taken by the Board. He suggested Ms. Chapman have a discussion with district staff because they had been in on-going discussions with City staff for some time. · Carolyn Butler, 97 Bishop Street, Chula Vista, CA, stated she had attended one m~'mg end the last meeting where the veterans home was guaranteed to the veterans and voted on. The item of 125 was brought up end that it would be built approximately the same time as the veterans home. Brandywine would also go through to Orange. Staff had been told to respond to her inquiries under Ordinance 2543 end she questioned why. She was disabled, but she was asking the City for a transit commission or committee as a citizen/homeowner and not as a disabled person. She requested a response in writing. She did not have to be on the commission/committee. The information she had stated the present *committee/commission had been unutilized .... to transportation". She was not at liberty to give the City a tape which she had regarding Southwestern College and the transit center. If she gave it to the City should would go to jail for 20 years for violation of FCC regulations. The tape was in existence. * * * Councilmember Herton left the dills at 4:29 p.m. * * * Councilmember Rindone questioned what the information was the Clerk received from Southwestern College regarding the tape of the transit center meeting. City Clerk Authelet responded that she had been told that there was no tape end that one of two things had occurred, i.e. either the machine had never been tomed on in the beginning Or when they moved the recorder over to the regular meeting the tape had been rewound end they had taped over it for the regular meefmg end that there was no tape in existence of the joint meeting. Councilmember Rindone stated Council had just heard the testimony of a constituent that indicated that there was a tape in existence end because it was a subject of important concern to the City he wanted to refer it to the City Attorney. MSUC (Rindone/Moore) to direct the City Attorney to seek clarification from the constituent regarding the alleged missing tape of the joint transit meeting and to seek clarification from officials of Southwestern College and report back to Council as to his findings. · Joseph Garcia, 484 Fifth Avenue, Chula Vista, CA, representing The Peoples Lobby, suggested that a line be placed on the speaker slip for Oral Comm~mications for the subject matter to be discussed. He felt the sewer billing issue did not belong at the Chamber of Commerce, but was a City issue and City staff should be dealing with the Sweetwater Authority. He did not want to see a consultant hired to tell the City what to do with the sewer billing. It should be done in-house by the Director of Finance and Director of Public Works. · Manuel Gastelum, 495 Davidson Street, Chula Vista, CA, representing the American Cancer Society, thanked Council for their endorsement of NO on Proposition 188 and reminded everyone that Tuesday, November 8th was election day. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 14.A. ORDINANCE 2608 ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE BAYFRONT REDEVELOPMENT PROJECT (first reading) - The purpose of the ordinances is to amend all of the City's Redevelopment Plans to incorporate certain time limits mandated by AB 1290 (and further refined in SB 732). The time limits pertain to Minutes November 1, 1994 Page 10 the establishment of indebtedness effective of Redevelopment Plans and repayment of indebtedness. The legislation requires that a Redevelopment Plan which either lacks the required time limits or which contains time limits in excess of the maximums established by AB 1290 must be amended by ordinance before the end of the calendar year to bring the plan into conformity with the requirements. Staff recommends Council place the ordinances on first reading. (Director of Community Development) B. ORDINANCE 2609 ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT (tirst readira~) C. ORDINANCE 2610 ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT (tirst readin~} D. ORDINANCE 2611 ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT (first reading) E. ORDINANCE 2612 ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT (tirst reading~ Marcia Sculley, Special Counsel to the Redevelopment Agency, gave the background of the project. Council had been given three sheets showing minor non-substantive changes to the ordinances. Councilmember Moore questioned if the legislation affected any redevelopment plan in effect prior to 1994. ['~ Ms. Sculley responded that was correct. It dealt with the expiration date and the periods in which debt could be " established and tax increment funding could be received. ORDINANCES 2608, 2609, 2610, 2611, AND 2612 PLACED ON FIRST READING BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. 15. REPORT SANDAG SERIES EIGHT POPULATION AND HOUSING FORECAST AND LAND USE DISTRIBUTION ELEMENT - SANDAG has released for public review a draft population and housing forecast to the year 2005, as well as a draft element of the Regional Growth Management Strategy which purposes policies and implementation measures to minimize the impact of new development on transportation systems, air quality, and open space. Staff recommends Council forward comments to the SANDAG Board of Directors as contained in the agenda statement. (Director of planning) Susan Baldwin representing SANDAG gave a slide presentation on the Series 8 Forecast and the Land Use Distribution Element which were pert of the Regional Growth Management Strategy. The SANDAG Board had requested COmments on both of the items. Councilmember Fox stated that unless some of the staff recommendations were implemented other cities could be carrying an unfair burden of population growth. The report needed to do something to make sure jurisdictions complied, not with punitive measures but with incentives. He questioned what happened if a jurisdiction deviated from the policy. Councilmember Moore stated SANDAG was an advisory body and not designed to mandate or police. Mayor Nader stated the forecast concerned him more than the proposed land use element. He felt the land use element was essentially a good strategy. The forecast stated over half of the expected growth was because of migration and he questioned why that percentage was so high. Minutes Novembor 1, 1994 Page 11 Jeff Tayman, representing SANDAG, stated the growth over the next 15 years was less than in the 1980's where migration averaged over 40,000 per year. The projected migration was in the low 20,000 per year. Employment growth drove the migration, with part of that migration the employment growth. The demographic trends indicated that some of the migration was from foreign countries which had been increasing over the last 10 years. In the 1980's they had predicted that the migration would be over 75 % of the population growth. Mayor Neder stated that one of the staff concerns was that the forecast for growth appeared to be high and he concurred with that. He state~l at some point the natural environment would impose limits on growth and he questioned whether that had been taken into account in the forecast. Mr. Tayman responded that it had not been included. Mayor Nader stated the Resource Conservation Commission supportM the staff recommendation but made an additional recommendation regarding the planning for school facilities that were in areas that would be up-zoned. He questioned whether that recommendation had been incorporated into the staff recommendation. Robert I_~itar, Director of Planning, responded that one of the staff comments was that thera should be incentives for dealing with public service impacts such as schools and parks. That was covered on page 15-2 under Item 2. If Council wanted to make that more specific, related to schools, they could give staff that direction. Mr. Goss stated the estimated population for either the Series 6 or 7 forecast estimated the population for Chula Vista lower than the actual population at that time. He questioned if the new population forecasts took into account capacity, rate of growth, and family size. Mr. L~iter did not feel the 164,000 figure accurately reflected the year 2000 forecast for the City as it only took into account thos~ areas in the City's sphere of influence as of 1990. A more accurata figure was the Chula Vista sphere of influence figure which was 186,249 for the year 2000 with approximately 10,000 subtracted out for the unincorporated area of Boulta. Councilmember Horton stated she was pleased that the City had met the goals of the strategy with the Otay Ranch Plan. She questioned why there was a slower growth rate in Chula Vista when the last few years Chula Vista had higher new home sales that other parts of the County. Mr. Tayman responded the City had annexations since 1990 and when looking at growth within the current City boundaries as of 1994 that growth was faster than the region. Councilmember Horton questioned whether staff agreed with the projections for residential absorption versus commercial/industrial. Mr. Leiter responded that staff had reviewed their fignms and agreed with the caveat that the numbers were just for the City limits as of 1990. He felt there had been additional land added and additional commercial/industrial growth that occurred in the sphere of influence that was not reflected. The basic concepts that the City would not build out as high of a percentage of the commercial/industrial within the area as residential was basically correct. Councilmember Moore stated the SANDAG Board had included that when an in depth study was done there would also be a study on economics that would parallel it. Mr. Tayman stated he was unaware of the policy. Mr. Leiter stated the forecast was based partially on the economic prosperity strategy element of the SANDAG Regional Growth Management Strategy. The economic forecast and analysis was part of the process. MS (Nader/Moore) to adopt the staff recommendation which included the staff enncerns and to add the Resource Conservation Commission recommendation, i.e. if land use plans were up-zoned in order to accommodate growth, part of the up-zoning proass would he the siting of school sites to accommodate increased school population. Minutes November 1, 1994 Page 12 Councilmember Moore stated the schools would have to do some type of study to parallel the General Plan. VOTE ON MOTION: approved unanimously. * * * Council met in Closed Session at 5:34 p.m. and reconvened at 6:08 p.m. * * * 16. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. No report given. 17. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. No report given. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 9. The minutes will reflect the published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated the TransDIF fee as it related to churches was on the 11/15/94 agenda. That issue was being discussed by the City of San Diego and as a result of that the city attorney for the City of San Diego was evaluating the legality of the exemption. The City Attorney had been in contact with the Sen Diego city attomey's office and if the City of San Diego did grant the exemption there could be a legal challenge in court. Since the City of San Diego had more resources it was recommended that Council defer the issue until it had been addressed and resolved by the City of San Diego. Councilmember Fox felt it would be unfair to defer the item. He wanted to hear from the churches. He questioned whether notification had been sent out regarding the 11/15/94 meeting. John Lippitt, Director of Public Works, responded that all interested parties had been notified of the meeting on 11/15/94. He stated there were approximately six new churches in the eastern area that had projects coming up and they had been noticed. Mr. Goss stated the issue only came up r~ently regarding the City of San Diego. He recommended that if Council delayed the item that there be a 10% charge of the fee to new churches and no charge for existing churches in the eastern area that had agreed to pay the fee until the issue was finally resolved and encourage the churches to work with Caltrans and devalopers to develop Park & Ride lots. Mayor Nader questioned whether the item had been agendized by the San Diego City Council and who had agendized it. Unless Council knew that it was already agandized or would be definitely agandized it could resuIt in an indefinite postponement. Mr. Goss responded that it was his understanding that it had been agandized or would be agandized. Councilmember Fox stated he had composed an up to date list of churches within the City which could be utilized for notification purposes. Councilmember Hotton stated the TransDif fund only affected a certain number of churches, i.e. those churches that were in the boundary of that area. It did not affect churches city-wide. Councilmember Fox felt the interest was city-wide. . Minutes November 1, 1994 Page 13 Mayor Nader stated that it also affected churches that did not yet exist and non-church entities because they were ~lking about non-profit public service organizations. The recommendation war an indefinite postponement and he felt the City should make their own policy decision and if San Diego agreed they could pool their resources if there should be litigation. He felt the requirement to sign an agreement to ultimately pay the fee whatever the outcome war would be a killer requirement for many non-profit organizations. Mr. Boogaard stated he consulted with the City Attorney from the City of San Diego on the legal issues and he felt they were fairly close to agreement that a flat waiver, only applicable to churches, was clearly illegal. Staff war trying to structure a transaction that would not be illegal, i.e. the Park & Ride program which he felt would withstand legal challenge. The combination with the 501(c)3 organizations did not enhance its legality under the State Constitution. Mayor Nader questioned whether the City Attorney war aware that the City had been threatened with lawsuits from some church organizations if the City did impose the fee based on the very law he had referred to. Councilmember Fox stated in light of the uncertainty Council should consider the memo presented ar well ar the issue on 11/15/94. He expected the City Manager to include his memo ar an option on that date. The issue needed to be explored. Mr. Boogaard stated he concurred with the City Manager's recommendation for deferral. Councilmember Rindone did not feel that Council should drag people through the process ar it would not be beneficial. There were a lot of legitimate concerns and he would support the City Manager's recommendation with re-notification to interested parties. Councilmember Horton stated it war important to understand that the City war trying to accommodate the requests of the churches. She did not feel anyone wanted to charge the fee and due to legal reasons may have to. The City Manager had proposed that the item be delayed, with the churches signing an agreement so if the legalities could not be worked out they may have to pay it in the future. They would not be charged a fee per se, it war just a delay until it was known what the City of San Diego would do and if they were going to pursue it. Mayor Nader stated he could support the churches signing an agreement that said they would pay the fee if there war a legal determination that the City had to charge them a fee, i.e. the court determined that the City Attorney war correct. That was different than saying that the churches would have to pay the fee at a later time regardless of what Council decided or a court decided. His only other concern war whether Council could take such action when the item was not listed on the agenda. MS (Moorealorton) accept the City Manager's recommendation to continue the itfan until staff had sufficient information to make a firm recommendation to Council while maintaining liaison with the City of San Diego City Manager and legal office. Notification to be sent regarding Council's action to all impacted parties. Mayor Nader stated he would vote against the motion. He preferred to agendize the item and when it war on the agenda to put on the table the suggestion made by Councilmember Horton, i.e. if Council voted u3 cancel or defer the fee to require that there be an indemnity, if there war a legal determination that the fee had to be charged then it would have to be paid. Councilmember Moore stated his motion war separate from fees and dealt only with the scheduling of the meeting. Mayor Nader stated the motion was to take the item off the 11/15/94 agenda. Mr. Boopard recommended the term "defer" for legal reasons. VOTE ON MOTION: approved 3-2 with Nader and Fox opposed. Councilmember Moore requested a weekly update on the issue. Minutes November 1, 1994 Page 14 b. Mr. Goss informed Council that the City had received the American Planning Award of Merit statewide for the Otay Ranch planning project. It had been awarded jointly to the City of Chula Vista and County of San Diego. c. Mr. Goss stated the Council tour was tentatively scheduled for Saturday, 12/3/94 at 9:00 a.m. which would focus on the South Chula Vista Library, prospects for business retention/expansion on Faivre Street, auto park, potential transfer station sites, and the proposed amphitheater site. d. Mr. Goss stated the 11/15/94 agenda was large and recommended that the public heating scheduled under Item 12 be continued to the meeting of 11/22/94. Mayor Nader stated it was the consensus of the Council that the public heating under Item 12 be continued to the meeting of 11122194. 19. MAYOR'S REPORT(S) a. Amicus letter to U.S. Supreme Court on right of State to limit welfare benefits of new residents -direction to City Attorney. Continued from the meeting of 10/25/94. MSUC (Nader/Moore) to direct the City Attorney to send an Amicus letter in support of the State of California position to the Supreme Court regarding a proposal the State had to institute a rule for welfare recipients that stated if someone was a new arrival in the State their welfare benefits would be limited to the benefits they could have received under the same program where they came from. b. Mayor Nader stated the City had been successful in obtaining approval of the veterans home. It was his ~ understanding that the school district had voted 5-(} to support the memorandum of understanding which Council had endorsed earlier. .. · Bill Ayers, 44 East Mankate, Chula Vista, CA, stated they had representatives at the school board meeting and action had been taken in Closed Session and then reported in open meeting that there had been a 5-0 vote in suppert of the memorandum. 20. COUNCIL COMMENTS Councilmember Herton a. Council discussion regarding consideration of extension of the current term for Chula Vista's representative to the San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego Unified Port District. Continued to the 11/22/94 meeting. b. Councilmember Herton stated it was her understanding that the Cultural Arts Commission had not had an opportunity to visit the performing arts center at EastLake and she wanted to see if staff could try to arrange that for the Commission. Councilmember Moore c. Councilmember Moore stated Council received a memorandum from the Chief of Police regarding the space availability in the legislative offices. There were 25 or more volunteers for the Senior Volunteer Patrol and they needed office space. If there was no objection from Council the City Manager and Chief of Police would move forward regarding that issue. Mayor Neder stated there were no objections raised by Council. Minutes November 1, 1994 Page 15 Councilmember Rindone d. Councilmember Rindone stated when he proposed the RSVP program for Council consideration he never anticipated the success and enthusiasm it would bring to the community. He would not be in town for their graduation ceremony and requested that the City Manager express his regrets in not be'mg able to attend and indicate how pleased he was to see the class move forward. He felt it was a significant volunteer program for the Councilmember Horton stated she would also be out of town and would not be able to attend the graduation. CLOSED SESSION Council recessed at 8:35 p.m., met in Closed Session at 9:08 p.m., and r~onvened at 10:08 p.m. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Anticipated litigation pursuant to Government Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · City of Chula Vista vs. Solid Waste Management JPA (differential rate structure and transfer station legal issues). · Metro Sewer Adjustment Billing (prospective arbitration). PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Govermnent Code Section 54957 Title: City Attorney CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code S~:fion 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management, Mid-Management, and Uarepres~ntad. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), and International Association of Fire Fightera (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresentad. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. ADJOURNMENT ADJOURNMENT AT 10:09 P.M. to the Regular City Council Meeting on November 8, 1994 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Couneil/Redevelopment Agency convened at 8:35 p.m. and adjourned at 9:00 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk