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HomeMy WebLinkAboutcc min 1994/12/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CIT? OF CHULA VISTA Tuesday, December 20, 1994 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Moot, Padilia, Rindone, and Mayor Hotton ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: December 7, 1994 (Special Meeting of the City Council) and December 13, 1994. MSUC (Rindone/Fox) to approve the minutes of December 7, 1994 and December 13, 1994 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation commending Castle Park High School football team. The proclamation was presented to Coach Warren and representatives from the coaching staff and W, am by Mayor Pro Tem Rindone. The Trojans were the CIF/Division 2 champions and Coach Warren was named Coach of the Year. CONSENT CALENDAR (Items pulled: 10, 11, and 14) BALANCE OF THE CONSENT CALENDAR OFI~ERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. Councilmembers Fox and Moot abstained on Item 13. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken from the Closed Session of 12/13/94. It is recommended that the letter be received and filed. b. Letter of resignation from the Mobilehome Rent Review Commission - Bert Epsten, Mobilehomes Acceptance Corp., 1835 El Cajon Blvd., Ste. D, San Diego, CA 92103. 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. e. Letter of resignation from the Charter Review Committee - Linda Brown, 3998 Main St., Chula Vista, CA 91911. 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. d. Letter of resignation from the Planning Commission - John Moot, 764 Cassia Place, Chula Vista, CA 91910. Due to his appointment as City Councilmember, it is necessary for Mr. Moot to resign from his position on the Planning Commission. It is recommended that the City Clerk be direrted to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. e. Letter submitting a proposed Waste Disposal Agreement - Jay Powell, General Manager, Mid-American Waste System, Inc., 1779 Campo Truck Trail, Campo, CA 92006. It is recommended that the draft contract be referred to staff for evaluation and review of contractual terms and legal and policy implications. Minutes December 20, 1994 Page 2 6. RESOLUTION 17759 AUTHORIZING THE CHIEF OF POLICE TO DIVERT SIXTEEN (16) BICYCLES IMPOUNDED BY THE POLICE DEPARTMENT FROM THE NORMAL PROPERTY AUCTION PROCESS AND TO DONATE SAID BICYCLES BACK TO THE COMMUNITY THROUGH THE POLICE ACTIVITIES LEAGUE - The Police Activities League, a non-profit civic organization sponsored by the Police Department, is requesting the discretionary authority to select sixteen (16) Police impounded bicycles suitable for use to be given without cost to needy individuals selected by communily organizations working with the youth of Chula Vista. Staff recommends approval of the resolution. (Chief of Police) Councilmember Rindone questioned whether helmets would also be donated with the bicycles. Richard Emerson, Chief of Police, responded that several businesses had donated sixteen helmets and the local AAA office inspected all bicycles to make sure they were safe. A waiver was drafted by the City Attorney relinquishing any liability for the City and officers would also be signing the young people up for bicycle licenses at the time the bicycles were distributed. 7. RESOLUTION 17760 APPROVING AGREEMENT WITH FLETCHER AND FLETCHER, INC. FOR THE PURCHASE, INSTALLATION, TRAINING AND MAINTENANCE OF THE AUTOMATED BUDGET SYSTEM, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - As part of the CIP program, Council approved the purchase and implementation of an enhanced autometed budget system (CIP Number GG143). The project was funded for both Fiscal Year 1993/94 and Fiscal Year 1994/95. The project included the purchase of a software program. It is recommended that the City enter into an agreement with Fletcher and Fletcher, Inc., who submitted the highest rated proposal which was also the lowest cost. Staff recommends approval of the resolution. (Director of Management and Information Services and Budget Manager) 8. RESOLUTION 17761 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2180, FOR FISCAL YEAR 1994/95 - Negotiating teams representing the City and International Association of Fire Fighters IAFF), Local 2180, have reached agreement on a Memorandum of Understanding (MOU) covering Fiscal Year 1994/95. The proposed MOU was ratified by the IAFF membership on December 1st and 2nd, 1994. Staff recommends approval of the resolution. (Budget Manager) 9. RESOLUTION 17762 OPPOSING THE U.S. ENVIRONMENTAL PROTECTION AGENCY'S FEDERAL IMPLEMENTATION PLAN FOR CALIFORNIA AND PROPOSED MEASURES WHICH WOULD FORCE THE EARLY RETIREMENT OF EXISTING VEHICLES OR IMPOSE FLEET AVERAGE EMISSION FINES - The U.S. Environmental Protection Agency has proposed a Federal Implementation Plan (FIP) for California to respond to the State's non--compliance with the 1977 Clean Air Act, even though the law has been superseded by the 1990 Clean Air Act. The FIP would impose annual costs of up to $50 billion on California businesses and government agencies. Staff recommends approval of the resolution. (Legislative Committee) 10. RESOLUTION 17763 APPROVING A CALIFORNIA ENDANGERED SPECIES ACT MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME RELATING TO OTAY VALLEY ROAD WIDENING, AUTHORIZING THE ISSUANCE OF A LETTER OF CREDIT TO SECURE CITY'S OBLIGATIONS UNDER SAME, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS IN CONNECTION THEREWITH - On 6/7/94, Council accepted bids and awarded a contract for Phases 2 and 3 of the Otay Valley Road improvements within Assessment District 90-2. In order to implement Phases 2 and 3 of the Otay Valley Road Widening Project the City will need to disturb certain wetlands habitats in the path of the project which are occupied by the endangered Least Bell's Vireo. Any project which causes such a disturbance requires a permit from the California Department of Fish and Game pursuant to Section 2081 of the California Fish and Game Code. City staff has been negotiating the terms of the permit. The terms are set forth in the California Endangered Species Act Memorandum of Understanding which is presented for consideration. Council approval is necessary in order to permit the timely commencement and Minutes December 20, 1994 Page 3 completion of the road widening project. Staff recommends approval of the resolution. (Director of Public Works, Director of Community Development and City Attorney) Pulled from the Consent Calendar. Councilmember Fox questioned if staff had clarified whether the requirement from Fish & Game for a letter of credit could be waived. Joe Monaco, Environmental Projects Manager, responded that staff had received notice that the letter of credit could be waived, but they were still requiring some form of security. The form of security could be in a less expensive form or at no cost to the City. Councilmember Padilia questioned the statement in the report which state~l staff was confident they could find an alternate site to fill the requirement. Mr. Monaco stated staff was confidant the site was suitable for the purposes as designated. Council had also adopted a resolution of necessity for condemnation if necessary for the parcel and an appraisal had been obtained. There were extensive wetlands in the Otay Valley area that were privately owned and in the event the site was determined to not be suitable, staff felt they could find additional suitable land at a competitive price. RESOLUTION 17763 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived, passed and approved unanimously. 11. RESOLUTION 17764 ACCEPTING BIDS AND AWARDING CONTRACT FOR CUSTODIAL SERVICES FROM JANUARY THROUGH JUNE 30, 1995 FOR THE PARKWAY RECREATION COMPLEX AND THE WOMEN'S CLUB - Bids were received and the lowest responsible bidder, American Building Maintenance, met all required specifications. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. · Charles Schrader, 440 "L" Street, Chula Vista, CA, stated he was a custodian for the City and a Boardmember for CVEA. He felt the savings of $15,000 in the staff report could be disputed. There were upper management people in his department that had strong feelings about contracting custodial work and his boss had not been heard on the issue. By contracting out the work security would be lost in the buildings and the ability to have on-call staff would be also be lost. Custodial employees were concerned regarding the future of their jobs. Councilmember Fox stated PAPE had reviewed cnstodial services in 1994 and he questioned whether CVEA was aware of the review. He questioned whether there were similar studies for other departments. Mr. Schrader responded he had been trying to bring the issue to the attention of CVEA, but he was not on the Board at that time. He felt all departments should be looked at in equal light. Councilmember Rindone stated he was uncertain as to whether his questions were more appropriate for Closed Session as they related to the bargaining unit. His written concerns were given to the City Attorney for review. Mr. Goss responded that staff always looked at outside services as an alternative. When going through the budget process staff would be looking at any opportunity to make the operation of the City as efficient and cost effective as possible. The proposal did not result in any lay--offs or cuts in existing hours. PAPE had worked with the custodial staff and supervisors regarding alternatives for developing proposals for Council. Councilmember Padilla questioned whether there were any percentages regarding outside contracting or objectives. Jim Thomson, Deputy City Manager, stated as part of the fiscal year budget process for 1994/95 two of the PAPE positions were frozen. The third person had transferred to another department so PAPE was currently uReaarmed. There were no plans for PAPE to do further studies until the budget outlook was better. Representatives from CVEA were also involved in the study. Councilmember Rindone questioned the issue of being on-call for emergencies and whether there would be a contractual problem. Minutes December 20, 1994 Page 4 David Byers, Deputy Director of Public Works/Operations, sta~d it was up to departmental management staff to determine if the best approach was to call in a contractor for hourly service or utilize current employees. Mr. Schrader made a statement that top management staff was opposed to contracting and he and Mr. Hansen were top management staff in Public Works Operations and they were not opposed to contracting. RESOLUTION 17764 Ok'FERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and approved unanimously. 12.A. RESOLUTION 17765 AMENDlNG CONDITION NUMBER 38 OF RESOLUTION NUMBER 17618 APPROVING THE TENTATIVE SUBDIVISION MAP FOR TRACT 88-3A, EASTLAKE SOUTH GREENS - On 7/18/89, Council approved the Tentative Subdivision Map for Tract 88-03, EastLake Greens. On 8/16/94, Council approved the amended tentative map for EastLake Greens, Tentative Map 88-3A and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. The final map creates super block lots for the first phase of EastLake South Greens. Subsequent final maps will be required to create residential lots. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17766 APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 88-3A, EASTLAKE SOUTH GREENS, PHASE I C. RESOLUTION 17767 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 88-3A, EASTLAKE SOUTH GREENS, PHASE I 13. RESOLUTION 17768 DECLARING THE CITY'S INTENTION TO DETACH FROM OPEN SPACE DISTRICT NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE TERRITORIES WITHIN OPEN SPACE NUMBER 20, TO BE EFFECTIVE FISCAL YEAR 1995/96, AND SETTING JANUARY 17, 1995 AT 6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING TO CONSIDER SAID DETACHMENTS - The open space maintenance district that was created for the Rancho del Rey development overlapped two exisfmg open space districts. This action will eliminate the overlap and was requested by Rancho del Rey Investors so that the ultimate proparty owners will only have one open space district on th~tr disclosure statement and tax bill. Staff recommends approval of the resolution. (Director of Public Works) Councilmembers Fox and Moot abstained from participating as they owned property within Open Space District # 10. 14.A. RESOLUTION 17769 AWARDING A THREE-YEAR CONTRACT FOR DELINQUENCY MONITORING TO MUNI FINANCIAL SERVICES, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The City has issued several bonds for the financing of infrastructure. This action will ensure that the City's fiduciary responsibility to the bond holders is fulfilled by providing required delinquency monitoring and collection services. All costs associated with the collection of delinquent assessments are recovered from the delinquent property ownen at no expense to the City. Staff recommends approval of the resolutions. (Director of Public Works) Pulled from the Consent Calendar. B. RESOLUTION 17770 AWARDING A THREE-YEAR CONTRACT FOR JUDICIAL FORECLOSURE SERVICES TO THE LAW OFFICES OF ROBERT A. OWEN, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO INITIATE FORECLOSURE PROCEEDINGS ON DELINQUENT PARCELS IN CITY ASSESSMENT DISTRICTS Councilmember Padilia questioned what the City had done in the past or if it was it a continuation of an existing policy. Robert Pewell, Director of Finance, stated it was the first attempt to get a handle on the delinquencies. There were 7 223 delinquent parcels out of approximately 9,000 which was approximately 2%. He did not feel it was a major Minutes December 20, 1994 Page 5 problem. Exposure was mainly limited to raft by bondholders for payment and the had beelt no debt service payments missed. RESOLUTIONS 17769 AND 17770 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived, passed and approved unanimously. 15. RESOLUTION 17771 REMOVING HISTORICAL PERMIT REQUIREMENT FOR PROPERTY LOCATED AT 644 SECOND AVENUE - The owner of 644 Second Avenue has requested that historical site permit control of any modification to the structure be removed with the site designation remaining. The Resource Conservation Commission has recommended approval of the request. Staff recommends approval of the resolution. (Director of planning) 16. A. REPORT AMENDED LANDSCAPE PLAN FOR THE EASTLAKE MAINTENANCE DISTRICT - ZONE "D" - Annual assessments in EastLake Maintenance District Number One, Zone "D" were reduced to provide a natural landscape plan for the slopes adjacent to SR-125 and provide the necessary erosion control. EastLake Landscape Maintenance District Number One is now ready for acceptance from the developer and a contract for landscape maintenance is now required. Staff recommends Council accept the report and approve the resohifton. (Director of Parks and Recreation and Director of Public Works) B. RESOLUTION 17772 ACCEPTING BID AND AWARDING LANDSCAPE MAINTENANCE CONTRACT TO R.C. LANDSCAPE COMPANY TO PROVIDE LANDSCAPE MAINTENANCE SERVICES TO ZONE "D" OF THE EASTLAKE LANDSCAPE MAINTENANCE DISTRICT NUMBER ONE Councilmember Rindone stated staff had done an exemplary job on a very difficult and controversial project. 17. REPORT "NOTICE OF AVAILABILITY OF DRAFT LOSS PERMIT" AND "DRAFT LOSS PERMIT" (CS-95-04) FOR THE WIDENING OF WUESTE ROAD AT THE OLYMPIC TRAlNING CENTER - Last year the Federal Department of the Interior adopted the Special 4(d) rule regulating the habitat 'loss' of the California Gnatcatcher. The Special Rule links protection of the bird to the California Natural Community Conservation Planning (NCCP) process. Prior to the preparation of an overall NCCP plan, the process allows the 'loss' of up to five percent of the Coastal Sage Scrub (CSS), which is the habitat for the Gnatcatcher. In August 1994, Council adopted an amendment to the Municipal Code which implements the Fedend Special 4(d) rule at a local level. The proposal for the loss of .20 acres of Diegan CSS as a result of the widening of Wueste Road at the entrance to the Olympic Training Center is the third such permit before Council. Staff recommends Council accept the loss permit as drafted. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 18. PUBLIC HEARING CONSIDERING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX RATE PROM TEN PERCENT TO A RATE NOT LESS THAN EIGHT PERCENT DURING CALENDAR YEAR 1995 - On 10/25/90, Council adopted Ordinance 2407 establishing a maximum Transient Occupancy Tax (TOT) rate of ten percent, and provided for annual abatement hearings at which time the maximum tax could be lowered to not less than the current rate of eight percent, Council has held public hearings and abated the tax to eight percent for calendar years 1991 through 1994, the same rate it has been since 1978. On 11/22/94, Council directed staff to meet with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners to discuss various options for abating/increasing the TOT rates for calendar year 1995. Preliminary discussions with representatives have resulted in their request to abate any increase for at least ninety days, or until 4/1/94, in order to allow further dialogue. Staff recommends Council: (1) Conduct the public hearing and approve the resolution; (2) Direct staff to continue discussions with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners regarding various options for abating/increasing the TOT rates for the period of 4/1/95 through 12/31/95. (Director of Finance) I Minutes December 20, 1994 Page 6 RESOLUTION 17773 APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX TO EIGHT PERCENT FOR THE PERIOD OF JANUARY 1, 1995 THROUGH MARCH 31, 1995 This being the time and place as advefiised, the public hearing was declared open. There being no public testimony, the public heating was declared closed. RESOLUTION 17773 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and approved unanimously. 19. PUBLIC HEARING PCS-95-03: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR A PROJECT KNOWN AS VENTANA, TRACT 95-03, INVOLVING 109 SINGLE-FAMILY DWELLINGS ON 13.7 ACRES LOCATED ON THE WEST SIDE OF SOUTH GREENSVIEW DRIVE, SOUTH OF CLUBHOUSE DRIVE, AND SUBMITTED BY BREHM COMMUNITIES -Brehm Communities has submitted a Tentative Subdivision Map known as Ventana, Tract 95-03, in order to subdivide 13.7 acres into 109 single family lots and three open space lots. The property is designated as Parcel R-20 wjthln the EastLake Greens Planned Community, and is located on the west side of South Greensview Drive, south of Clubhouse Drive. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17774 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS VENTANA, TRACT 95-03, MAKING THE NECESSARY FINDINGS AND READOPTING THE MITIGATED MONITORING AND REPORTING PROGRAM FOR IS-94-19 This being the time and place as advertised, the public heating was declared closed. · Scot Sandstrom, 2835 Camino Del Rio South, San Diego, CA, representing Brehm Communities, stated they were in support of the staff recommendation. The project was their fifth in EastLake. There being no further public testimony, the public hearing was declared closed. Councilmember Rindone stated a pattern had developed early in EastLake which promoted the development of cul- de-sacs and hindered a good flow of traffic. He questioned whether that was a position taken by a previous Council. Robert Leiter, Director of Planning, responded that part of the lot layout for the project before Council was because it was a golf course community. In looking at new projects staff was promoting the use of a grid pattern. Councilmember Rindone stated if staff was concerned with pressure from developers they should bring the issue back to Council for a policy decision. RESOLUTION 17774 OFFERED BY COUNCILMEMBER POX, reading of the text was waived, passed and approved ananimously. 20. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT-OF-WAY FOR EAST "J" STREET On 7/18/91, Council approved the tentative subdivision map for Rancho del Rey SPA III, Tract 90-02. In order to comply with the tentative map conditions, Rancho del Rey Partnership is required to coustrnct an off-site portion of East "J" Street. It requires street right-of-way across property owned by Susie Mary Bennett. The property is located between Paseo Ladera and River Ash Drive and consists of about 1.07 acres. The eftotis of Rancho del Rey Partnership to obtain the property by negotiation have failed. Due to time constraints, Rancho del Rey Partnership cannot wait any longer and eminent domain proceedings mast begin. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17775 DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHT-OF-WAY FOR EAST "J" STREET AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT-OF-WAY Minutes December 20, 1994 Page 7 Councilmember Moot stated he would abstain from pafiicipation as it could conceivably affect income to the entity by which he was employed as one of the shareholders of the firm did legal work for the McMillan Company. Councilmember Fox stated his primary residence was two blocks away from the subject area and queelioned whether he should abstain from participation. Mr. Boogaard stated if his residence was over 300 ft. away Councilmember Fox would have to make a judgemerit as to whether the project could affect the value of his home by greater than $10,000. Councilmember Fox stated he did not believe that would be the case. Clifford Swanson, Deputy Director of Public Works/City Engineer, stated Council needed to make the following findings: 1) that the public interest and necessity required the project; 2) the project was planned and located in a manner that would be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired was necessary for the project. They felt the staff report provided the necessary informaf~on for Council to base those findings. This b~mg the time and place as advertised, the public hearing was declared open. · Joseph Garcia, 484 Fifth Avenue, Chula Vista, CA, stated that property should be zoned to give the owner the benefit under the new zoning when the City initiated such proceedings rather than appraising the property before the rezoning. He felt the procedure should be amended. Mr. Boogeard stated those considerations were taken into account during a trial on value or negotiations. If the property owner could show that the property was in the path of a zoning change or zoning progress he could assert a higher value. There being no further public testimony, the public hearing was declared closed. RESOLUTION 17775 OFI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Councilmember Fox stated there was a structure on the property and questioned whether it would be disturbed. Mr. Swanson responded that it would not be disturbed. VOTE ON MOTION: approved 40-0-1 with Moot abstaining. ORAL COMMUNICATIONS · James D. Fergus, 1071 Jacqueline Way, Chula Vista, CA, represenfmg the Downtown Business Association, requested continued funding for the new Town Manager. They had received 120 applications and interviewed six candidates. The new Town Manager could be on-beard in January. Mayor Hotton stated she had talked to staff and afar reviewing the background of the person felt the experience be'mg brought to the City would be beneficial and would help put in motion some of the things she had wanted to see happen. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 21. RESOLUTION 17776 APPROVING A TWO-AND-A-HALF-YEAR AGREEMENT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT ! Minutes December 20, 1994 Page 8 THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE OFFICE - Since opening in 1986, the Chula Vista Visitor Information Center has been tun by four commercial operators with mixed suec~ess but generally minimizing the costs to the City. On the other hand, the City has not made any money from the option and there have been some questions about the level of promotion of the City versus the conduct of commercial operations. The Chamber of Commerce proposes to place more emphasis on "selling" City businesses and attractions, and converting the facility to a true information/visitor center. Staff recommends approval of the resolution. (Deputy City Manager Krempl and Public Information Coordinator) George Krempl, Deputy City Manager, informed Council that a revised resolution had been distributed. The addition included language for an appropriation of $25,000 from the Bayfront Trolley Station fund which would require a 4/Sth's vote. Staff felt some fine tuning was needed on the contract and wanted to give that discretion to the City Manager and City Attorney. Mayor Hotton questioned if after the initial investment of $25,000 by the City if there would be further allocations in future years. Mr./(a'empl responded that $10,000 of the appropriation was for a one time start-up of supplies. The issue of whether or not there would be a subsidy for staff was uncertain. It was hoped the revenues from the Center would be sufficient to off-set a subsidy. Councilmember Fox stated the City would have an additional liability up to $15,000/year if the Center was not self- sufficient. He questioned how the Center would be evaluated. Jeri Gulbransen, Public Information Coordinator, stated staff would be evaiuafmg the Center on a quarterly basis. The Chamber would be required to furnish the City with financial statements. The City would be liable for up to half of any loss. Councilmember Fox questioned the amount of volunteer services to be utilized. · Rod Davis, 233 Fourth Avenue, Chula Vista, CA, Director, Chamber of Commerce, stated the salary costs would be $30,800 for one pert-time and one full-time position. They anticipated having 30 volunteers each serving one day per month for eight hours. They currently had 11 volunteers signed up. Mayor Horton stated the hours in the past were 9 hours on beth the weekends and weekdays and it was going to be changed to 8 hours on beth the weekends and weekdays. She expressed concern on the shorter hours for the weekend. Mr. Davis stated 8 hours was chosen because it was a work day and anything over that required additional staffing. Staff had reserved the right to change those hours. A lot of monitoring would be done at the beginning and he suspected that them would have to be adjustments in the times. Councilmember Rindone felt the staff recommendation was less than enthusiastic and they also provided a substantial number of alternatives. Option 4 proposed a 13 hour day and seemed to exceed the Chamber's proposal. He questioned why staff had not recommended that proposal. Mr. Krompl stated staff provided options for several reasons, i.e. 1) the history on the Center went way back and had taken a number of twists and turns, therefore, staff wanted to provide all of that information; 2) in support of the staff recommendation, Council had directed staff to not go out with an RFP, but staff wanted to reaffirm that and bring it back as an option if Council desired; and 3) since the Donald Wayne Russell proposal was new and not available when last discussed by Council, staff wanted to provide that to Council as well. It was staff's feeling that it was time to take a new approach to the operation of the Center as far as where the City was and what their vision was for the future. That dealt with making it a full-time information center and promoting things like the OTC, the hotel/motels, and tourist attractions. As seen with the other contracts, there was a conflict between the commercial objectives and the visitor center promotional objectives. Past revenues as projected had failed to materialize and Kobey Corporation had stepped back from the agreement which was an indication to staff that it was a difficult center to operate. Minutes December 20, 1994 Page 9 Mr. Ooss stated what was being offered by the Clmmhar was part of a larger program to publicize the City. There were additional concepts and ideas in terms of developing materials that could be utilized at the Center, through the Chamber and the City, and commercial outlets. He felt that was difficult to quantify in the proposal. Councilmember Rindone stated he was concerned regarding the reliance on volunteers and the difficulty in making it successrid over the long term. He was supportive of the direction being taken by the Council, but that a budget based on 11/2 full-time employees was very thin. Ms. Gulbransen stated she had researched a number of other visitor centers and many were operated by volunteers and were very successful. It was fairly typical of visitor centers in the region. Councilmember Padilia commended the Chamber on their proposal and felt it was hard to quantify a return on such an investment by the City. He questioned what tracking system would be utilized to trace the economic benefit to the City through the Center. Mr. Davis responded that the current staffing under Kobey was 11/2 people without volunteers. The Chamber would develop a tracking system for hotel/motel reservations, the Olympic Spirit Store at the OTC, and with merchants. The Center would offer their referral system to any marchant in the City whether they were a Chamber member or not. The agreement required a statistical analysis on a quarterly basis. · Donald Wayne Russell, 209 Third Avenue, Suite 6, Chula Vista, CA, stated no RFP had been distributed, but he had submitted a proposal. His wife was currently the manager of the Center. He did not feel there was a need for a $25,000 outlay by the City, for a $1S,000/year liability to the City, and that private enterprise could do just as good a job as the Chamber. They intended to work with the Chamber, DBA, OTC, etc. in promoting the City. Councilmember Fox stated the staff report indicated that past contractors had a difficult time in lntnning the Center and questioned how Mr. Russell would nm the Center and make a profit without increased traffic. Mr. Russell responded that he knew how the operation had been conducted in the past and what the deficiencies in the operation were. He could increase the staffing and still make a profit from the business and provide a community service. RESOLUTION 17776 O~}'ERED BY COUNCILMEMBER PADILLA, reading of the text was waived. SUBSTITUTE MOTION: (Rindone/Fox) approve the basic terms of the contract; to have the Center open for 12 hours on the weekend instead of 8 hours; and the agreement would he for I 1/2 years and not 2 1/2 years effective 1/1/9~. AMENDMENT TO MOTION: (Herton, agreed to by the Maker and Second of Motion) during the winter months operation on the weekends to 6:00 p.m. and to dusk (8:00 p.m.) during the summer months. Mr. Davis stated the Chamber had asked the City for a 12 month review for the stop/loss clause. He did not have a problem with the 11/2 years venus 2 1/2 years. He would rather have an initial period regarding the hours based on usage. He felt the motion should be modified to establish whatever hours the City wanted, but with an agreement that based on utilization those hours could be shortened. Mayor Herton stated Council would review the utilization of the Center in August. Councilmember Rindone stated Council would be receptive to adjusting the hours. VOTE ON SUBSTITUTE MOTION, AS AMENDED: approved unanimously. 22. RESOLUTION 17777 APPROVING LEASE OF CITY-OWNED PROPERTY AT EAST "H" STREET AND TERRA NOVA DRIVE TO JEHOVAH'S WITNESSES CHURCH, APPROVING DEFERRAL Minutes December 20, 1994 Page 10 OF DEVELOPMENT FEES, AND AUTHORIZING MAYOR TO EXECUTE LEASE WITH PURCItASE OPTION - As part of the Southwest Redevelopment Project Area effort, the Redevelopmerit Agency assisted Cypress Creek Company to develop the Palomar Trolley Center, a 190,000 square foot high-volume shopping center at ultimate build-out, on Palomar Street between Broadway and Industrial Boulevard. In order to develop the center, it was necessary to displace the Jehovah's Witness Church, which had owned and occupied a Kingdom Hall on the center site for approximately forty years. Efforts were made to relocate the church to City-owned property at Terra Nova Drive and East *H* Street, but Gnatcatcher habitat issues on the site delayed the relocation effort, end the church was required to move off the center site and rent moeting space for the last year. The habitat issues are now close to being resolved through the 4(d) process, end a lease has been negotiated with the church. Staff recommends approval of the resolution. (Director of Comm~mity Developmant) Councilmember Rindone stated the staff report discussed the quid-pro-quo and he questioned if there were any concerns with that proposal as it related to the unions and taking of jobs. David Gustafson, Deputy Director of Community Development, responded that he was sure there would be concern. Staff would have to be c.m'eful that the assistance by the Church would have to be activities or projects that would not conflict with any construction bids that would involve union labor. That could not be defined at the present because there was not a specific definition of what the Church would provide. Mr. Goss felt that it could be stmctnred without a conflict. It was an effort at volunteerism and the City had a good history within all operating departments in that respect. Councilmember Fox stated the habitat issues were close to being resolved and questioned if it was because of the new federal rides allowing it to be taken cam of at the local level. Mr. Monaco responded that was correct. · Jim Moxham, 2801 Albatross Street, San Diego, CA, representing the Jehovah's Witness Church, stated his involvement in the events relating to the item before Council started in 1988 with the land acquisition for the Palomar Trolley Center. The Church had cooperated with the RDA to allow the Palomar Trolley project to proceed. Their cooperation was instrumental in achieving the expanded center as they gave up the property they had for over 40 years. The Church did that because they believed they would be able to relocate quickly to the Terra Nova site, but at the last moment the site became unavailable due to environmental restrictions. Not finding any other acceptable sites the Church had worked with the City to revive the Terra Nova site and overcome the environmental issues. The item before Council would allow them to build a new church and have a permanent home which they had not had for over 15 months. It was the Church's full expectation to acquire the property as soon as possible within the first five years. The lease was equitable to both sides and it was a win/win situation. In the unlikely event the Church failed to exercise their option, in addition to $582,000 in rent collected the City would take ownership of a $500,000 structure. The Church requested that Council consider the waiver of fees. It had been previously conveyed to the Church that in consideration for their cooperation in the Palomar Trolley Center that staff would recommend fee waiver to the extent possible. The item before Council addressed fee deferral. Mr. Booguard stated the waiver of DIF fees was an illegal act, especially for church purposes. The fees were allowed to be levied under a state law which required a uniform distribution based on engineering studies. The sewer fees could be a different issue, but the concept was the same. Mayor Horton questioned whether there were special circumstances which would allow the Council to waive the fees. Mr. Boogaard stated his office was working towards a policy toward the waiver of the DIF fees. There was coopemtinn in the redevelopment effort on the Palomar Trolley Center and it occurred to him that a different source of funds, i.e. redevelopmerit funds could be used to pay those DIF fees because it was an eligible redevelopment activity. Minutes December 20, 1994 Page 11 Councilmember Fox stated fees were waived for EastLake Community Church in exchange for services provided by the church, i.e. Park & Ride, child care, programs for at-risk youth, etc. Mr. Boogaard stated there was a Council refen'al to evaluate the eligibility of Park & Ride facilities in-lieu of the TransDIF fee contribution as they beth had a transportation purpose. He felt that would be before Council within the next few months. RESOLUTION 17777 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. Mayor Hotton stated the resolution was offered with the understanding that while the fees were only being deferred, staff would continue to look for a mechanism to eliminate the fees through some other type of use or program. Councilmember Rindone stated the problem with the TransDIF had been to before Council in the past. He felt the City needed to move on and get resolution. The resolution needed to address how the 1% would be made up in alternative methods that would be equitable and fair. 23. RESOLUTION 17778 REAPPROPRIATING $165,000 PROM STL-221, THE 1994/95 PAVEMENT OVERLAY PROJECT, TO STL-206, THE 1993/94PAVEMENT OVERLAY PROJECT -The 1993/94overlay project was the largest overlay program done in the City's history. The contract was awarded to Sim J. Harris Company in the amount of $1,457,132. Council authorized staff to expend the renlainlng amount for additional quantities and streets. Due to three major factors that combined to increase the contract, them was a cost over run and additional funds have to be appropriated. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Mr. Goss stated staff requested the item be continued to the meeting of 1/10/95. MSUC (Fox/Rindone) to continue the item to the 1/10/95 meeting as requested by staff. 24. REPORT LIPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. George Krempl, Deputy City Manager, reported on the status of the MOU with the City of San Diego. The MOU was predicated upon a 1/2/95 start date or upon the ability of San Diego to install a needed liner at the landfill site. The liner had been delayed so the implementation of the MOU might not occur until 2/1/95, but could be sooner and staff would moultor the situation weekly. Because of that staff and the City of San Diego felt the City could take final action on the MOU at the regular meeting on 1/10/95. Councilmember Rindone questioned if the term of the MOU was 24 months from the date the agreement Mr. Boogaard responded that he would have to take a closer look, but felt it was date specific, i.e. January 1997, with a good faith duty to make it commence on 1/2/95. Mr. Krempl stated there was another provision which stated the City did not have to staff accepting San Diego waste at the transfer station for three years. Councilmember Rindone stated the City needed to be aggressive in dealing with the transfer site. He requested that if the delay was one month or longer that staff explore an amendment which would stipulate that the terms were for 24 months from the new date of the MOU. Councilmember Padilla questioned if there had been a recent vote by the Authority regarding the rate structure and how it affected non-members. Minutes December 20, 1994 Page 12 Mr. Krempl responded that these were sevend options for rate structures advocated by the Sun Diego Waste Authority as well as a suggestion that the differential rate be elimlnat~l. The item would be further discussed in Joint Session by the Authority und Board of Supervisors on 1/10/95. 25. REPORT UPDATE ON REGIONAL SEWER ISSUES - An ond report w~l be given by staff. No report given. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 10, 11, und 14. The minutes will reflect the published agenda order. OTHER BUSINESS 26. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated the next Council meeting would be on 1/10/95. b. Mr. Goss informed Council that the City received the new fire ladder truck. The new fire safety house had also been delivered. c. Mr. Goss stated the City's application had been partially approved for funding of four officers for the Police Department through the Cops Ahead program. Because it was not for full funding it would require a commitment on the part of the City in order to implement the program. Staff would return with the implementing ~'~ documents for Council review when they were available. 27. MAYOR'S REPORTfS) a. Council discussion regarding consideration of extension of the cunmnt term for Chula Vista's representative to the Sun Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the Sun Diego Unified Port District und Chula Vista City Council. Continued from the meeting of 12/13/94. Councilmember Fox felt there was a misconception in the public, i.e. even though Dr. Penner had served 7 years, if he had been a commission member or counc~ member, because his second term was two years or longer it constituted a full term. Therefore, he had served two terms. If he was a member of uny other commission/board/committee/council he would be forbidden to serve unother term or receive un extension. Councilmember Rindone staUxl that was incorrect. These had been many examples where a poEon had completed two terms und received an extension of their service until their position had been filled. It was not forbidden. Councilmember Fox stated uny board/commission appointee continued serving until replaced. It was his understanding that the position had been posted since March and there was one application. He questioned whether the application deadline was officially closed. Mr. Boogaard informed Council that it was his opinion that the Port Commission appointment was not subject to the Maddy Act. It was good policy to recruit in order to obtain a range of applicants. Councilmember Moot felt the Charter was clear regarding the term limits und therefore, Council could not appoint for unother full four year term. It appeared that the Charter was silent as to whether it would apply to a Port Commission appointment. Section 304 of the Charter stated the Mayor had the power and duty to be the official head of the City for all political and ceremonial purposes und shall have the power and duty to assume the pximary, but not the exclusive responsibility for interpreting for the people the policies, programs, and needs of City government. As he heard the comments by the Mayor at the 12/13/94 meeting he believed the Mayor desired to . Minutes December 20, 1994 Page 13 effectuate a change in that position end he felt the Charter stated the Council should give careful consideration to the Mayor' s desires. It was natural to went to have, in key appointed positions, people they felt they could work effectively with. There was good logic in having the appointment end assumption of the duties of the Mayor coincide end it was a good policy to keep it in sync. There was a practical problem in continuing the appointment for one year, i.e. the Port Director had recen~y re, signed end the Commission was in the process of hiring a new director. If there was to be a chenge the City's Port Commissioner could be most effective if they participated directly in the process. He supported the Mayor's position. MS (Fox/Horton) to open the application process for ton calendar days and set interviews on 1/4/95 cancurrent with previously scheduled inW, rviews. Councilmember Rindone stated a statement he had previously made was incorrec~y reported. He had clearly stated he supported a two term limit, but Dr. Penner had not served two full terms. The nature of the particular appointngnt was not like eny other appointment the Council was responsible for because it was a regional body, en organization that had direct influence on the disbursement of moneys to port cities, end all the players did not have the same rules. They did not have a restriction on the limits of the terms their respective members served. The Charter did not address the Port Commission so there was room for Council, if prudent end in the best interest of the constituents, to be able to evaluate the situation. No one was arguing or debating that Dr. Penner had served less then 7 years end so en extension was not inappropriate. He felt Dr. Peuner's service had been exemplary which had been validated by three other Port Commissioners. The Port was in en unusual circumstance, i.e. appointing a new director, therefore, Dr. Peuner's expertise end understanding in selecting a successor would be important end it would be beneficial monetarily to the City. He felt that was more then adequate justification for extending Dr. Peuner's term for one additional year. SUBSTITUTE MOTION: (Rindone/Padilla) to extend the appointment of Dr. Pennet for one additional year, take applications, and appoint by June 1995. Mayor HoCkon stated the Commission appointment had been off schedule for the last two appointments which created turmoil each time. She thought the citizens felt they were voting for term limits for all commissioners, however, the Port Commission was not part of the ordinance. There was a mandate for terna limits end she had received several calls in support of the term limits. They had stated Dr. Peuner had done a good job, but there were others in the community that could also do a good job. She had discussed the issue with Ex-Councilmember Moore end he agreed that it was time to get back on schedule. Therefore, she would not support the substitute motion. Councilmember Fox stated it was a difficult decision end he agreed with comments made by Councilmember Moot end Mayor Horton. He felt the Council needed to listen when the public overwhelmingly approved term limits. The City should never be placed in a position where they were relient upon one individual. The motion did not say it was replacing Dr. Peuner, but accepting applications end setting up interviews. Councilmember Padilia felt the disagreement among Council was in trying to do the right thing end nothing more. He did not believe, end there was nothing in the Charter that indicated the Mayor was solely responsible for appointments. Ultimate policy was sot by the majority of the Council. The legal status was such that there was not a term limit mandated for the Port appointment. The Port Commissioner served at the pleasure of the Council. The issue was not about term limits. Dr+ Penner had not served the equivalent of what his counterparts on the Commission had served. He felt that was the issue, i.e. Chula Vista's representation end the strength end representation of that experience on the Port. He was certain that if many people were aware of the fact that by applying term limits to such a position, as compared to other representatives from other jurisdictions which did not apply term limits, most would not favor unduly hobbling Chula Vista's representation to regional board that affected millions ofdollars in revenues. IfDr. Peuner's performance was noten issue, he did not understand why the compromise motion would be unacceptable. Councilmember Moot stated it was a difficult decision end he felt it healthy that Council could air an issue frankly. He heard that Dr. Penner had done a fine job end he wented to commend him for his dedicated service. Councilmember Rindone concurred that it was not en issue of term limits. The motion was a compromise as it did not ask for an additional four years, but a transition of one year. By moving the term one year it would not be en ! Minutes December 20, 1994 Page 14 issue that a new Council would have to deal with immediately upon be'mg sworn in. He was not concerned with be'rag off schedule. Mayor Hotten did not believe the appointment of someone other than Dr. Penner would jeopardize any funding that should or could come to the City. VOTE ON SUBSTITUTE MOTION: failed 2-3 with Fox, Hotton, and Moot opposed. VOTE ON ORIGINAL MOTION: approved 4-1 with Rindone opposed. It was the consensus of the Council that the position should be posted on 12/14/94. Councilmember Rindone questioned whether Dr. Penner could apply for the position and, if deemed to be the most qualified, be reappointed. Mayor Hotton stated Dr. Penner would be allowed to reapply. She felt Council would vote for whoever they felt was best for the position. Dr. Robert Penner, Port District Commissioner, thanked Council for their consideration and knew that it was not an easy task to address the issue. He pledged to work diligently with whomever was appointed for a strong and smooth transition. He did not feel it would be appropriate for him to put in an application for another full term. Mayor Horton and Councilmembers Rindone end Padilia thanked Dr. Peuner for his service to the City. b. Setting date for Planning Commission interviews. Mayor Hotton stated the interviews for the Planning Commission and Growth Management Oversight Commission would be on 1/4/95 at 5:00 p.m. in the Council Conference Room. c. Forward a letter to our legislators opposing any legislation to bail out the Oramge County bankruptcy with local tax dollars. Mayor Horton stated it had been brought to her attention at a SANDAG meeting that there were several people in the State lobbying for legislation that would bail-out Orange County. SANDAG strongly opposed taxing San Diego County's taxpayers for something that was high risk on the part of the Supervisors in Orange County. MSUC (HortonFFox) 1o send a letter to the legislators opposing any legislation to bail out the Orange County bankruptcy with local tax dollars. 28. COUNCIL COMMENTS Councilmember Rindone a. Board/Commission/Committee Liaison. Councilmember Rindone requested that Council review the list in the agenda packet to see what schedule could be worked out on a rotering basis to visit the boards/commissions. He requested that it be agendized for the 1/10/95 meeting. The list would rotate each year among Councilmembers. b. Selection of Metropolitan Transit Development Board Alternate. CouncilmemberRindonestatedEx-Mayor Nader had been the MTDB altomate and a new appointment had to be made. MTDB met on the second and fourth Thursday at 9:00 a.m. Mayor Horton requested that the itom be continued to 1/10/95 to be considered with other Council appointments. c. Councilmember Rindone stated there was a prominent service station what would not permit patron or pubhc access to theft restrooms. He questioned if that was in violation of any City ordinances. 7 Mr. Goss stated that staff would have to review the situation. ' Minutes December 20, 1994 Page 15 MSUC (Rindone/Fox) to refer the issue to staff; staff is to bring it back ~ Council if necessary for Council policy. Councilmember Fox d. Councilmember Fox stated he had been approached by the Chair of the Board of Ethics expressing concern that the motion to adopt the staff recommendation regarding the Ethics training did not include a time limit for staff to return to Council. Mr. Goss responded that staff had committed to retura by 1/10/95 or 1/17/95. Councilmember Moot e. Councilmember Moot stated he had been given the name of a law firm that may be interested in donating speakers for the Ethics training at no charge. Coundlmember Padilia f. Councilmember Padilia stated he was aware of other options that could be available regarding the institute proposed by the Board of Ethics that would be equally beneficial. When he received further information he would bring it forward to Council. CLOSED SESSION Council recessed at 9:06 p.m., reconvened at 9:17 p.m., met in Closed Session at 9:18 p.m., end reconvened at 11:20 p.m. with Mayor Hotton absent. MSUC (Fox/Horton) to add Miller versus the City of Chula Vista to the Closed Session agenda. 29. CONFERENCE WITH LEGAL COUNSEL REGARDlING; 1. Existing litigation pursuant to Government Code Section 54956.9 · Ten cities vs. the County of San Diego (trash litigation). 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Paint Pit · Metro Sewer Adjustment Billing (prospective arbitration). · Daley Construction and Golden Eagle. · One case the disclosure of the name of which would jeopardize City's ability to conclude existing settlement negotiations to our advantage. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management, Mid-Management, and Um'epresented. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), end International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 · Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-040-16) or 894 Energy Way, Chula Vista, CA (Parcel Number 644-182-07 and 644-182-08). Negotiating parties: Director of Community Development. Under negotiations: Price and terms of payment. I Minutes December 20, 1994 Page 16 30. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - The City Attorney reported that he had been authorized to accept a s~ttlement offer in the Paint Pit lawsuit. ADJOURNMENT AT 11:20 P.M. to the Regular City Council Meeting on January 10, 1995 at 6:00 p.m. in the City Council Chambers. A Regular Meeting of the Redevelopment Agency convened at 9:06 p.m. and adjourned at 9:17 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Depu~ledc