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HomeMy WebLinkAboutrda min 1992/11/17 MINUTES OF A REGULAR MEETING OF THE CITY OF GHULA VISTA Tuesday, November 17, 1992 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL GALL: PRESENT: Councilmembers Horton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney;, and Beverly A. Authelet, City Clerk 2. PI.SDGE OF AI.I.SGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINIYI'F~: September 10, 1992 (Special Joint Meeting of the Council/Library Board of Trustees), October 13, 1992, October 27, 1992, November 3, 1992, and November 9, 1992. ~BSSUC 0lindone/Moore) to approve the minutes of September 10, 1992, October 13, 1992, October 27, 1992, November 3, 1992 and November 9, 1992 as submitted. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Raymond L. Bemier - Design Review Committee; John Moot and Frank Tarantino - Planning Commission. Oath of Office was administered by City Clerk Authelet to Raymond L. Bernler and John Moot. CONSENT CALENDAR (Items pulled: 6, 7, 9, and 10) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. 5. WRI !tlc. N COMMUNICATIONS: a. Aletter requesting adoption of a resolution supporting an end to unfunded federal impact of existing federal mandates on the City's jurisdiction - Gary A. Condit, Member of Congress, Congress ot: the United Sx~t~, House of Representatives, 1529 Longworth Building, Washington, D.C. 20515-0515. It is recommended that staff correspond with Congressman Gondit advising him of the City's ongoing support. 6. ORDINANCE 2534 ADDING CHAPTER 17.1 lA TO THE MUNICIPAL CODE RF. IATING TO THE MITIGATION OF THE IMPACT OF LEGISLATIVE ACTIONS ON SCHOOL FACILrrIES (first reading) - The purpose of this ordinance is to assist the Chula Vista Elementary and Sweetwater Union High School Districts in achieving full mitigation for impacts on school facilities. The circumstance would be when a residential development requires a legislative action by the City. Staff recommends Council place the ordinance on first reading. (Deputy City Manager Krempl) PuLled from the Consent Calendar. Minutes November 17, 1992 !ge 2 City Manager Goss stated there was a proposed section which would state: 'The school districts have the responsibility for exploring all alternate funding mechanisms for new school consl2-uction, including State funds. When obtained, the Districts should attempt to apply such funds to reduce the need for assessment districts or development fees imposed on new development'. The section would become Section 17.11A. O4OA- Responsibilities. Councilman Moore felt the dis~-ict's first duty was to get funding from their own system and, when all else failed, the City would work with them. That would be the second step in good faith. Mayor Nader questioned whether the ordinance was intended to implement the Fairfield model and whether the legislation the State was adopting would allow the City that option; or would Council need to act in time for it to take effect by Januar3~ 1st. George Krempl, Deputy City Manager, responded that additional action would be required. The Fairfield model was still under study by staff and the school districts. He did not know how the Fairfield ordinance would be affected by the legislation. Mayor Nader questioned whether staff had considered some applicability to non-residential development with differences in the way the two were treated, i.e. non-residential development had strict timelines in which the district would work something out or it would go forward as per normal City processes. He would also want to see the ability to implement the type of model that was done with Rohfs last permit in which that ~pe of mitigation for schools could be traded away, at least to some extent, in return for commiUnents to ~re locally. Mr. Krempl responded that the study staff had undertaken with the school district included an analysis and quantification of what the impact of non-residential projects would be on school facilities. There was a lack or data and/or disagreement over the impact of non-residential projects. The problem would be determining how the ordinance would be structured and applied. Mayor Nader suggested a clause that would require Council to hold a public hearing, by a particular time, to review the operation of the ordinance. At that time Council could sunset the ordinance or modify it as appropriate. MSUC (Nader/Moore) to amend the ordinance to provide that not later than twenty months after the effective date of the ordinance a public hearing be held to review the operation of the ordinance and to consider whether it should be extended, repealed, or modified. Councilman Malcolm was concemed as to what the City of San Diego, County of San Diego, and City of National City were doing. They needed to adopt the same type of ordinance so the citizens of Chula Vista could quit carrying the fees for the rest of the Southbay. Andy Campbell stated the District was in the ptocess of submitting the same type of ordinance to the City of san Diego and all the other agencies prior to the end of the year. ORDINANCE 2.534, AS AMENDED, PLACED ON FIRST READING BY COUNCILMAN MALCOLM, reading of the text was waived. ty Attorney Boogaard advised Councilman Rindone that his income as an employee of the district did not nstitute a source of income under the Fair Political Practices Act to prohibit him from participating in the decision as a City Councilperson. Minutes November17,1992 Page 3 VOTE ON MOT[ON: approved unanimously. MSUC (Nader/Moore) to direct staff and the City Attorney to look at whether the implementation of the Fairfield model under consideration would be impacted by the State leg/slation that was recently passed. If it would, staff should come back to Council in time for an ordinance to take effect before the State legislation did to consider implementing that approach and that as part of that, any applicability to non- residential development would offer either a fast track or an exemption to a non-residential development that agreed to hire locally. 7. RESOLUTION 16~87 AMENDING THE FISCAL YEAR 1992-93 BUDGET - On 9/8/92, Council approved a recommendation to implement City-wide cuts of $755,505. During the discussion, Council separated several issues from the proposed cuts and requested that staff provide additional information on these issues. Staff recommends approval of the resolution. (Administration) 4/Sth's vote required. Continued from the meet/rig of 11/10/92. Pulled from the Consent Calendar. Mayor Nader stated there was a mathematical error in the resolution. Two percent of the Council budget was $6,370. RESOLUTION 16887, AS AMENDED, OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. **** The City Council met as a Joint Council/Redevelopment Agency to discuss the following. 8. COUNCIL RESOLUTION 16875 APPROVING THE FIRST RENEWAL OF AGRg-~MENT AS FIRST AMENDED WITH ADVOCATION, INC. FOR TIlE 1993-94 LEGISLATIVE SESSION, AND AUTHORIZING THE MAYOR TO EXECU2~ SAID AGBI~MENT ON BEHALF OF THE CITY - On 12/31/92, the current agreement with Advocation, Inc. expires. The agreement provides for two two-year extensions to coincide with the state legislative sessions, and Advocation has formally requested that the existing agreement be extended. Advocation has been highly instrumental in the success of the City's lobbying efforts at the state level on various issues including redevelopment and state budget legislation. Staff recommends approval of the resolutions. (Administration) AGENCY RESOLUTION 1285 APPROVING THE FIRST RENEWAL OF AGRF. I~.MENT AS FIRST AMENDED WITH ADVOCAT[ON, INC. FOR THE 1993-94 LEGISLATIVE SESSION, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAID AG]R~.I~MENT ON BEHALF OF THE REDEVELOP~ AGENCY **** The Joint City Council/Redevelopment Agency meeting adjourned to the regular City Council meeting. 9.A. RESOLUTION 16889 ESTABLISHING INCREASES IN SALARY AND FRINGE BENE~TS FOR UNCLASSIFIED PART-TIME, UNREPRESENTED, MIDDLE MANAGEMENT, AND EXECWFIVE MANAGEMENT, AND REVISING THE EXECLYflVE SALARY BANDS - At the 11/10/92 meeting, directions to negotiators were provided during closed session. This resolution amends the budget to provide for the recommended increases in salary and benefit levels for Unclassified Part-Time, Unrepresented, Middle and Executive Managers and the Council. Staff recommends approval of the resolutions. (City Manager) Pulled from the Consent Calendar. Minutes November 17, 1992 ~e 4 B. RESOLUTION 16890 REVISING THE POLICY REGARDING FLEXIBLE BFaNTe. FI~ P~S FOR ~ MAYOR AND CITY' COUNCIL AND RESCINDING RESOLUTION NUMBER 11875 C. RESOLUTION 16894 AMENDING FISCAL YEAR 1992-93 BUDGET AND PROVIDING FOR THE APPROPRIATION OF FUNDS FOR SALARY AND FRINGE BENEFIT INCREASES - 4/sth's vote requlrecL RESOLIYrlONS 16889, 16890, AND 16894 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader stated he wanted to separate the votes. There had been some confusion regarding the pay freeze recommended in his State of the City Address; he had intended that it apply to management positions and elected officials. It would not apply to unclassified or non-union employees. He stated that Council had met in closed session and if the only basis for meeting in closed session was to provide directions to negotiators, and ff in fact nothing was being negotiated, then Council should not be meeting on it in closed session. It was his understanding Council was operating under an exception that applied to any consideration of compensation of personnel. If the exception was narrower than that he would like the City Attorney, some time before next year, to advise the Council. City Manager Goss stated that of the four groups that were not represented by a formally organized group, the largest was the middle-managers. They were organized to the extent that they had an employee committee and he did have discussions with them before last Tuesday's meeting as well as afterwards. ~uncilman Rindone stated the last action by Council in closed session was a unanimous motion to docket .Ae item. It was passed 5-0 and all actions taken by Council were to have been reported. He was disturbed that the item before them did not reflect the action taken. It had been specific direction given by Council and it was not followed by staff. He requested that staff be attentative in the future to ensure that it did not happen again. S~TU'TI~ MOTION: (Rindone/Nader) to table the item for one week to allow the commullity all opportunity to discuss the information. Councilman Malcolm stated he was disturbed that Council was reviewing the item all over again. The raises were not being handled any differently than it had been for the Fire Department, Police Department, and unions. The City had large budget surpluses for the last six to seven years. Mayor Nader stated the budget surplus was due to an infusion of several one-time gains to City revenue. Council had discussed increases that would not become part of the salary base and he felt that was amply justified, i.e. merit bonuses to people involved in producing the surpluses. Councilman Rindone stated his concern was the public awareness of the item. He had not anticipated that the information would not be released as directed by Council. His intent was to ensure that it did not happen again. Councilman Moore stated Council had met in closed session to discuss salary negotiations but they were going about it differently than in the past. Council was not being advised or negotiating because the unions had already received their raises due to a multi-year contract. It had drifted from advising negotiators to a motion to negotiate. He felt Council had violated the Brown Act. -3r Attorney Boogaard objected and stated he had supervised closed session very closely and the observed motions to instruct the negotiators to negotiate and in his opinion no violation of the Brown Act occurred. Council was fully authorized in closed session to do exactly what had been done, i.e. instruct Mr. Goss to Minutes November 17, 1992 Page S negotiate recommended salary increases. That was what the Brown Act allowed Council to do, that was what the minutes reflected Council did, and that was what his observations were. Council was entitled by unanimous vote to disclose the context of closed session and it was a unanimous vote to do so. Councilman Malcolm read th~ motions from the closed session into the record: Motion: Moved by Malcolm, seconded by Nader and approved 4-1 (Pdndone no) to authorize the negotiators to negotiate a 3% salary adjustment effective 3anuary 1, 1993 for Part-time employees. · Motion: Moved by Moore, seconded by Malcolm and approved S-0 to authorize the negotiators to negotiate the same salary increase as CVEA and a $265 increase in Flex Plan with the 14 Unrepresented employees. · Motion: Moved by Malcolm, seconded by Rindone (for discussion purposes) and approved 3-2 (Nader and Rindone no) to authorize the negotiators to negotiate a 5% increase in salary effective January 1, 1993 and a $200 Flex Plan adjustment with the 78 Mid-Managers. · Motion: Moved by Rindone, seconded by Nader (for discussion purposes) and approved 3-2 (Nader and Malcolm no) to authorize the negotiators to negotiate a 5% salary increase effective January 1, 1993 for Assistant Department Directors, Revenue Manager, and Budget Manager. Motion: Moved by Malcolm, seconded by Moore and approved 3-2 (Nader and Rindone no) to authorize the negotiators to negotiate up to a 2.5% merit increase for the remaining Executive Manager's group to be effective January 1, 1993. · Motion: Moved by Nader, seconded by Malcolm and approved 5-0 to authorize the negotiators to negotiate a $140 increase in the Flex Plan for all Executive Managers. · Motion: Moved by Rindone, seconded by Malcolm and approved 5-0 to docket the item for the next Council meeting and to report all actions taken in Closed Session. AMEHDMENT TO S1JBSTITUTE MOTION: (lqader/Rindone) to table the Executive-Management and Mid- Management raises. Mayor Nader stated he would vote yes on the motion. He noted there was a large number of executive management and middle-management salaries not listed. He would be interested in maybe formulating a compromise position but he would need more information. Councilman Rindone stated there had been a discussion on the potential impact on the salary bands and the motion would allow time for that to be worked out. The issue was not competency or achievement of the employees. Council was trying to determine where they wanted to go in light of the possibilities of fiscal constraints in the future. VOTE ON SUBSTITOTE MOTION AS AMENDED: failed 2-3 with Malcolm, Moore and Horton opposed. RESOLUTION 16889-1, UNCLASSIFIED PART-Tlhg'a~, OFFERED BY MAYOR bIADER, reading of the text was waived. Councilman Rindone stated he would vote no because that was the group that made the least and did not have fringe benefits. He favored a raise but not at a 3% level but at a 5% level. VOTE ON RESOLUTION 16889-1: approved 4-1 with Rindone opposed. Minutes November 17, 1992 ?age 6 RESOLUTION 16889-2, UNREPRF~ENTF~, OFFERED BY MAYOR NADER, reading of the text was waived. passed and approved unanimously. RESOLUTION 16889-3, MIDDLE-MANAGEMENT, OFFERED BY COUNCILMAN MALCOLM, reading of the SUBSTITUTE MOTION: (Nader) to authorize the same amount required to implement the resolution to be made available, rather than an across the beard increase, for merit increases that would not be incorporated into the salary base for Middle-Management and that the City Manager would report those to the Council. They would take effect two weeks after being reported, unless there was a request by Council to review the proposal. The review, if requested, would take place in dosed session. Councilman Malcolm stated that the City Manager needed the authority to give the raises. Mayor Nader agreed with Councilman Malcolm but stated that if everyone earned exactly the same percentage as a merit increase it would come up when the City Manager was evaluated. The intent was to adjust the salaries of those that were underpaid and reward unusually outstanding or beneficial performance. AMENDMENT TO SUBSTITUTE MOTION: (Nader) to give the City Manager authority to determine the merit increases with a report back to Council. Motion died for lack of second. Councilman Rindone felt it was a creative opportunity for upper management. Since all the other employees ~eceived 5% and the salary bands for the Mid-Managers were much more narrow than the Executive- 'Managers it should be referred to staff for consideration in more fiscally prudent times next year. He was ready to move on with the actions taken in closed session but staff should take note that the concept could be an option to look at more seriously next year. VOTE ON RESOLUTION 16889-3: approved 3-2 with Nader and Rindone opposed. RESOLUTION 16889-4, ASSISTANT DEPARTMENT HEADS, SPECIAL PROJECTS MANAGER, REVENUE MANAGER, BUDGET MANAGER, OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader stated he was interested in looking at an alternative, i.e. a proposal that would provide for merit increases as opposed to across the board increases. VOTE ON RESOLUTION 16889-4: approved 4-1 with Nader opposed. RESOLUTION 16889-5, EXECTJTIVE-MANAGEMFdqT, OFk'I/RED BY COUNCILMAN MALCOLM, reading of the text was waived. Councilman Rindone stated some members felt the raises should be zero and some felt it should be 5%. The 2 1/2% had been a compromise supported by all the Council but there was a disagreement as to whether it should be on or off schedule. VOTE ON RESOLUTION 16889-5: approved 3-2 with Nader and Rindone opposed. RESOLUTION 16894 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-1 with Nader opposed. RESOLUTION 16890 OFTERED BY COUNCILWOMAN HORTON, reading of the text was waived, passed and approved unanimously. Minutes November 17, 1992 Page 7 MSUC (Rindone/Nader) staff consider the poss~ility of 'offschedule' or'bonus plan' in lieu of 'on schedule' or 'in the principal salary' if the City was in fiscally prudent times which would offer an opportunity for employees to receive an incentive and poss~le pay raise. It was not a direction that it must be done that way, but an option for staff to explore. 10. RE~OLUTION 16891 A REVISED SIXTEENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CI'IT AND THE SAN DIEGO UNIFIED PORT DIb-IRICT FOR GROUNDS AND COMFORT STATION MOkINTENANGE AT THE 'J' b-II~EET lk~uqINA BAYSIDE PARK AND ADJACENT LANDSCAPE lVlEDIANS - On 1/28/92, Council authorized the 1Sth amendment to an agreement with the San Diego Unified Port Disu'ict for grounds and comfort station maintenance at "J" Street Marina, Bayside Park, and the landscape medians on Tidelands during fiscal year 1991-92. On 6/23/92, Council approved the 16th amendment to the original agreement. However, £mal adjusUnents to the maintenance budget have revised the budget amounts approved on 6/23/92. Staff recommends approval of the resolution. (Director of Parks & Recreation) Pulled from the Consent Calendar. Councilman Rindone requested that in the future the Fiscal Impact include the monetary difference. RESOLUTION 16891 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved unanimously. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COIVI~UNICATIONS Sandy C. Clark, 1180 Hunte Parkway, Chula Vista, CA, representing EastLake Country Club, stated they were the only golf course required to use reclaimed water without a back-up for potable water and requested that the City work with them immediately to help alleviate the severe problem of leaching the salts from the greens. The problem was with the greens which was approximately three acres of the 120 total acres. Mayor Nader stated that due to the cyclical drought and no g~arantee of adequate water there was a need to avoid unnecessary uses of potable water but he did not want to see the golf course go dowahill either. He felt the problem should be referred to the Water District for their input. MSC (Rindone/Nader) to refer the problem to the Water District for a response. Approved 4-O-1 with Malcolm absent. The item is to be placed on the agenda when a response was received. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 11. RESOLUTION 16892 AUTHORIZING THE PURCHASE OF 1,575 STI1F~TLIGHTS FOR $351,225 FROM SAN DIEGO GAS & RI.RCTRIC COMPANY, APPROPRIATING $253,225 FROM THE UNAPPROPRIATED BALANCE OF THE GAS TAX FUND TO CAPITAL IMPROVFJvlENT PROJECT TF-124, AND AUTHORIZING THE Minutes November 17, 1992 ~?ge 6 RESOLUTION 16889-2, UNREP~, OI~'FP2RED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. RESOLUTION 16889-3, MIDDLE-MANAGEMENT, OFk'PiRED BY COUNCILMAN MALCOLM, reading of the text was wabrc~L S~TUTE MOTION: (Nader) to authorize the same amount required to implement the resolution to be made available, rather than an across the board increase, for merit increases that would not be incorporated into the salary base for Middle-Management and that the City Manager would report those to the Council. They would take effect two weeks after being reported, unless there was a request by Council to review the proposal. The review, if requested, would take place in dosed session. Councilman Malcolm stated that the City Manager needed the authority to give the raises. Mayor Nader agreed with Councilman Malcolm but stated that if everyone earned exactly the same percentage as a merit increase it would come up when the City Manager was evaluated. The intent was to adjust the salaries of those that were underpaid and reward unusually outstanding or beneficial performance. AMENDMENT TO SUBSTITUTE MOTION: (Nader) to give the City Manager authority to determine the merit increases with a report back to Council. Motion died for lack of second. Councilman Rindone felt it was a creative opportunity for upper management. Since all the other employees ~ceived 5% and the salary bands for the Mid-Managers were much more narrow than the Executive- Managers it should be referred to staff for consideration in more fiscally prudent times next year. He was ready to move on with the actions taken in closed session but staff should take note that the concept could be an option to look at more seriously next year. VOTE ON RESOLUTION 16889-3: approved 3-2 with Nader and Rindone opposed. RESOLUTION 16889-4, ASSISTANT DEPARTMENT HEADS, SPECIAL PROJECTS MANAGER, REVENUE MANAGER, BUDGET MANAGER, OFFt~IIED BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader stated he was interested in looking at an alternative, i.e. a proposal that would provide for merit increases as opposed to across the board increases. VOTE ON RESOLUTION 16889-4: approved 4~1 with Nader opposed. RESOLUTIOIq 16889-5, EXES-MANAGEMENT, OP'FERED BY COUNCILMAN MALCOLM, reading of the text was waived. Councilman Rindone stated some members felt the raises should be zero and some felt it should be 5%. The 2 1/2% had been a compromise supported by all the Council but there was a disagreement as to whether it should be on or off schedule. VOTE ON RESOLUTION 16889-5: approved 3-2 with Nader and Rindone opposed. RESOLUTION 16894 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and ~pproved 4-1 with Nader opposed. RESOLUTION 16890 OFFERED BY COUNCILWOMAN HORTON, reading of the text was waived, passed and approved unanimously. Minutes ~ovember 17, 1992 ~e 8 MAYOR TO F_.XECIJTE SAID AGI~I~I~MENT - The report represents the culmination of negotiations with San Diego Gas & Electric (SDG&E) for the acquisition of 1,575 utility-owned streetlights. It provides Council with the background regarding the process for these negotiations as well as a discussion of the cost/benefit related to staff recommendation for the purchase and operation of a City-owned streetlight system. Staff recommends approval of the resolution and acceptance of the report. (Administration) 4/sth's vote required. REI~RT OUTLINING THE AGREEMENT FOR THE ACQUISITION OF 1,575 SAN DIEGO GAS & ~t2~.CTRIC O~]~e.D STRF. ETLIG~ Councilman Moore requested an explanation of the range of savings. Sid Morris, Assistant City Manager, responded that the savings were contingent upon whether additional staffwas hired to maintain the lights. It was staffs intent to retain existing staff and not hire additional staff which would allow the maximum savings per year. Councilwoman Horton questioned why the Chula Vista contract was different than the San Diego contract. Mr. Morris responded that it was preferable to not have the fees included and they were negotiated out of the contract. "ESOLUTION 16892 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and proved unanimously. 12. RESOLLrrlON 16893 INCREASING THE MAYOR AND COUNCILMEMBERS' SALARIES - In 1988, the People of Chula Vista adopted a Charter Amendment which provided that the Mayor's salary should be $37,200 per year; that the Council salaries shall be set at 40% of the Mayor's salary; and, provided a mechanism to permit annual increases in salaries in the amount of that year's Consumer's Price Increase. Staff recommends approval of the resolution. (City Attorney) MOTION: Cfilader) to defer Resolution 16893 for three months with a report back from staff on the status of the City and State budgets at that lime. Motion died for lack of second. Councilman Malcolm stated that government shouldn't be afraid to take a raise if they had done a good job. The City had a large excess and would be receiving several million dollars next year from the auto park; if the power center was to be approved it would add additional revenues. He felt Council had a great story to tell and that the citizens would support a raise if Council continued to do a good job. RESOLIOTION 16893 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived. Councilman Rindone stated Councilman Malcolm had presented an excellent case and concurred that the City was well run and staff was doing an excellent job. He felt leadership needed to send a signal that they were ready to tighten their belts. It was his understanding that the State cuts would be more extensive next year, if they weren't, Council would have the opportunity to compensate the employees next year as well as Council. He would vote no on the motion. ouncilwoman Horton stated she would vote in favor of the motion. She noted that last year Councilman ~done had stated that the Mayor's salary was not high enough to draw quality leadership and she felt that was important. She would donate her increase to charity. Minutes November 17, 1992 Page 9 Councilman Moore felt the Council shouldn't be embarrassed to increase their salaries if they had done a good job. He stated he would entertain a motion to have Council decline all salaries and work for free. Mayor/Council raises were put on the ballot two years ago and the people voted for a CPI raise and he assumed that they expected Council to take it unless they hadn't earned it. Mayor Nader stated that the main point of disagreement was the perception of the item. Whether they earned it or deserved it was not the issue, the economy was the issue. He felt Council needed to set an example and show leadership. There would be more painful budget cuts in the future and he would rather not be in the position of asking employees and citizens to make sacrifices if the Council received raises. If the increases were approved it was his intent to donate the increase to the Police Departtnent Activities League. His no vote was not a reflection of what he felt he or the Council deserved, but an example of leadership. VOTE ON MOTION: Approved 3-2 with Nader and Rindone opposed. 13. REPORT MAJOR USE PERMIT MODIFICATION FOR DALEY QUARRY PROJECT - Daley Corporation is proposing a modification of its Major Use Permit with the County for expansion of an existing quarry operation located at the east end of Otay Lakes. Staff recommends that it be directed to request a continuance of the County Planning Commission hearing on the matter. (Director of Planning) Ken Lee, Assistant Planning Director, updated Council on staffs meeting with Mr. Daley and his representatives and reviewed the proposed five conditions. Mayor Nader stated he was under the impression that the City would be requesting a continuance of the County Planning Commission so the City could further plan their position. Even with the conditions, he was ar a loss as to why the City would support the project. It was his understanding that the project would be located at the end of what was proposed as a wildlife corridor for mitigation of the Otay Ranch Project. He did not feel the conditions would fully mitigate the impacts and that the City may want to take a position in opposition to the project unless convinced the impacts could be fully mitigated. Councilwoman Horton stated staff had questioned the structural integrity of the roads and questioned whether the $15,000/year for fifteen years was sufficient. Cliff Swanson, City Engineer/Assistant Public Works Director, stated that staff felt the amount recommended would solve the maintenance problems. Councilman Malcolm felt staff had done a good job. No one wanted the project in or near Chula Vista but the problem was that if the City took that position they would not get any mitigation. The City needed to ask for reasonable conditions on the project. Mr. Lee stated the reason staff wanted Council to consider the conditions was because they did not know if the County would honor the recommendation for continuation. If the County should decide to take action staff felt they should offer minimum conditions. Councilman Moore questioned what the legal procedure was for Chula Vista regarding a project that was proposed in the County. City Attorney Boogaard responded that if Council wished to discuss litigation it should be in closed session. CEQA would be the argument used to mitigate impacts and it was legitimate for one city to claim that extra territorial projects were creating interior impacts to the circulation system. The problem was that they had to be adequately analyzed and mitigated, and if not, a Statement of Overriding Considerations would have to be adopted by the lead agency. Minutes November 17, 1992 ye 10 MS O~lader/Moore) 1) authorize staff to request a continuance to allow for further analysis of impact~ upon Chula Vista and of mitigation measures; 2) if a continuance is not granted, oppose the project; and 3) if a continuance is granted, continue to analyze the potential mitigation measure~, if any, that would address the environmental impact~ of the project and to report back to Council. Councilman Moore questioned why litigation was being stressed at this point. Mayor Nader stated the motion was not intended to authorize litigation. It authorized staff to request a continuance and if not, authorized staffto oppose the project at the hearing. If the continuance was denied the Council would need to take the next step which would be to authorize an administrative appeal to the Board of Supervisors. He didn't want to assume that the City needed to file litigation and expected staff to come back to Council for further direction if all avenues of redress through the County were exhausted. VOTE ON MOT[ON: approved 4-0-1 with Malcolm absent. Mayor Nader stated staff needed to consider not only direct traffic impact on existing streets but also the impacts on the Otay Ranch Project. ITEMS PULI.ED FROM THE CONSENT CAI.ENDAR Items pulled: 6, 7, 9, and 10. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) a. City Manager Goss expressed his appreciation for comments by Council on the overall staff. It was his sense that there was overall unanimous support for staff, the job they were doing, and the services being provided to the community. b. City Manager Goss introduced Representative Chuck Cole. c. Scheduling of meetings. City Manager Goss informed Council there would be a Joint Meeting with the County Board of Supervisors on the Otay Ranch Project on 11/18/92 at 9:00 a.m. He would not be attending the meeting as he had jury duty. The regular Council tour was scheduled on 12/5/92. He had been notified that one Councilmember would not be able to attend. Councilwoman Hot'ton stated she would not be able to attend the tour. MS OVloore/Horton) to cancel the tour and reschedule for January or February. Approved 3-2 with Malcolm and Rindone opposed. City Manager Goss informed Council that the Energy Commission would be having a public workshop on December lOth at 10:00 a.m. and 7:00 p.m. in the Library Auditorium on the proposed repowering project of the Southbay Power Plant. Staff would be attending the hearings. d. Funding for Olympic Training Center. The U.S. Olympic Committee had not taken action to take over the project which was key for it's ongoing operation. The priorities for the local committee in pursuing he Olympic Training Center were: 1) to have the City exercise leadership in assisting them in fundraising; need of gap financing to bring the project out of the ground; 3) license plate sales; and 4) at the . eProprtate time, have direct correspondence from the City of Chula Vista to the U.5. Olympic Committee. Staff discussed a possible deferral of fees, sewer and development impact, for a period of 2-3 years and also Minutes November 17, 1992 Page 11 a possible loan from the City of $3-4 million that would help OTC to get over the hump. Staff would come back with specific proposals on how the bridge financing could be accomplished with sufficient guarantees to the City. The initiative the City was taking was very appropriate and the Boardmembers locally were very encouraged, touched and moved. Councilman Moore questioned why National City could not be enticed to sell Olympic license plates or even make it county-wide. Mayor Nader stated that the City of Chula Vista would be opening an auto park within a year and felt the City could strongly encourage them to participate in that type of a program. He also felt the deferral of fees could be paid back as other grant monies and license plate monies became available. Councilman Malcolm stated that the City needed to become more aware of the Olympic Training Center, take the press out to make them more aware, etc. Every Tuesday night there needed to be a public announcement regarding U.S. Olympic license plates. Councilwoman Horton stated that the public should also be made aware of how they could receive a U.S. Olympic license plate. Mayor Nader suggested that a message be carried on the cable broadcast each Wednesday night reminding people of the benefit of buying an Olympic plate and telling them how to do it. e. City Manager Goss informed Council that the cities of Coronado and National City had contacted the City of Chula Vista regarding an emergency contract for parking citation processing services. It would be to the City's economic advantage to procee~t and there was also a possibility that Encinitas, Econdido, and Solana Beach were also interested in the services. 15. MAYOWS REPORT(S) a. Ratification of appointment: Adrien M. Myers - Resource Conservation Commission. MSUC (Nader/Moore) to ratify the appointment of Adrien M. Myers to the Resource Conservation Cornrni~ionu b. Mayor Nader stated he had been one of seven Mayors from the western United States that had been selected to attend the Mayor's City Design Institute which was paid for by the federal government. Each Mayor presented a design issue that they would be facing and then the design experts offered their advice. The issue he presented was the Mid-Bayfront plan and he would be making a more detailed report to the Council in the future. 16. COIYNCIL COMMENTS Councilman Rindone · Street striping Telegraph Canyon Road/I-805 Intersection. Councilman Rindone expressed his concern regarding the street striping on Telegraph Canyon Road/I-805 and requested a written report. Clifford Swanson, City Engineer/Deputy Public Works Director, informed Council that the area was under the jurisdiction of CalTrans. Staff had been trying to get them to revise the striping. It may be a short term solution because the next phase of widening would put in one more through lane to receive the off-bound ramp from the freeway. November 17, 1992 ~ge 12 MSUC (RindonedMoore) to authorize staff to send a letter to CalTrans requesting immediate resttiping due to the safety considerations until a long term solution was resolved. Councilman Moore suggested that the correspondence be followed up with a telephone call. Councilwoman Horton: Councilwoman Horton stated she had attended a live theater production of the Matador at Southwestern College and rated it very comparable to what she had seen in New York City Off-Broadway. ADJOURNMENT The City Council met in a closed session at 9:00 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9(a) - Settlement of Otay Valley Lawsuit - Siroonian vs. City of Chula Vista. ADJOURNMENT AT 9:30 P.M. to a joint meeting of the City Council/County Board of Supervisors on Wednesday, November 18, 1992 at 9:00 a.m. at the County Administration Center, thence to a joint meeting of the City Council/County Board of Supervisors on Tuesday, November 24, 1992 at 1:00 p.m. in the Gi.ty Council Chambers and thence to the Regular City Council Meeting on November 24, 1992 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vmk~ C. Soderqmst, Deputy C~ Clerk