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HomeMy WebLinkAboutcc min 2000/01/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JANUARY 25, 2000 6:00 P.M. A Regular Meeting of the Chula Vista City Council was called to order by Mayor Horton at 6:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call there were: PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1 A. Proclamation commending Jim Bettisworth upon thirty years of dedicated service to the City. Mayor Horton read the proclamation, and Mayor Pro Tem Moot presented it to Mr. Bettisworth. B. Proclamation commending Richard Rael upon forty years of dedicated service to the City. Mayor Horton read the proclamation, and Mayor Pro Tem Moot presented it to Mr. Rael. C. Recognition by Mayor Horton and the City Council of the following international delegates from the People's Republic of China: Jiang Quan, Zhaoxiong Liang, Yu Sihau, Yigen Li, Xueting Gu, Han Gang, Shi Qui, Ling Bo Liu, Dr. Renfu Chen, Dr. Benxiong Tang. Dr. Kilmer of Southwestern College introduced the student delegates. Mayor Pro Tem Moot presented certificates to the students, and Xeuting Gu, the senior member of the student group, spoke regarding the group's courses and experiences and suggested that closer ties be developed between Chula Vista and their home city in China. D. Presentation by Police Chief Emerson recognizing Agent Gary Ficaeci for his recent promotion to Sergeant and Officer Manny Mendoza for his recent promotion to Agent. Police Chief Emerson introduced the newly promoted officers. E. Administration of Oath of Office to newly appointed Police Officers, Phillip Fernandez and Thomas Craft. Police Chief Emerson introduced the newly appointed officers, and City Clerk Bigelow administered the oaths of office. CONSENT CALENDAR (Items 2 through 8) Mayor Horton noted a request to remove Item #8 from the Consent Calendar for separate consideration. She also noted that Item #5 would be continued and Item #6 would be referred back to the Safety Commission at the request of staff. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 18, 2000, there were no actions which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter from Victoria Majewski, a student at Bonita Vista High School, requesting financial assistance to attend the 2000 Youth Leadership Conference at Freedoms Foundation, Valley Forge, PA. Under Council Policy 159-02, Council has approved the expenditure of funds for various Chula Vista students to attend this conference in exchange for a presentation to a City youth group. Staff recommendation: $50 from the Council contingency account be granted to Victoria Majewski toward expenses incurred for her attendance at the Freedoms Foundation conference. 3. RESOLUTION NO. 2000-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1999-00 BUDGET TO RECLASSIFY A 0.70 FTE HUMAN SERVICES COORDiNATOR TO 1.00 FTE RECREATION SUPERVISOR I IN THE LIBRARY AND RECREATION DEPARTMENT The Recreation Division of the Library and Recreation Department currently has a vacant .70 full-time equivalent (FTE) Human Services Coordinator position. The duties and tasks of the position have been reviewed, and it is proposed that the position be reclassi~ed to a 1.00 FTE Recreation Supervisor I in order to facilitate the program needs of the Recreation Division. Staff recommendation: Council adopt the resolution. (Library and Recreation Director) 4. RESOLUTION NO. 2000-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AWARD OF TWO GRANTS FROM THE GATES LIBRARY INITIATIVE STATE PARTNERSHIP PROGRAM, APPROPRIATiNG THE UNANTICIPATED REVENUE, AND AMENDiNG THE FY 1999-00 BUDGET (4/5THs VOTE REQUIRED) The Chula Vista Library has been awarded two grants from the Bill and Melinda Gates Foundation. These grants provide for up to 23 networked public access computers with software and training for the public and staff at the Civic Center and South Chula Vista library locations. Staff recommendation: Council adopt the resolution. (Library and Recreation Director) Page 2 Cotmoil Minutes 01/25/2000 CONSENT CALENDAR (Continued) 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SIDE LETTER TO THE 1998-2001 CVEA MOU - "PROFESSIONAL ENRICHMENT" During Chula Vista Employee Association (CVEA) negotiations in June of 1998, it was agreed, via side letter, to reopen the MOU to address the issue of Professional Enrichment. As a result, CVEA and Human Resources management developed an administrative policy. Staff recommendation: Council continue the item to February 1, 2000. (Director of Human Resources) 6. REPORT DENYING THE APPEAL OF AN ALL-WAY STOP AT THE iNTERSECTION OF EAST J STREET AND LASENDA WAY (CONTINUED FROM 1 / 18/2000) This report was generated as the result of a request by Mayor Horton for a report to Council after a request to appeal was made by David Krogh, a member of the public, under oral Communications at the Council meeting of Tuesday, December 7, 1999. Based on the provisions of the Safety Commission Policy, adopted by resolution of the City Council on March 14, 1995, whenever the Safety Commission and the City Engineer concur on the implementation of a traffic safety improvement, the resolution of the issue is considered final unless appealed by a member of the Council within 10 days of the decision of the Safety Commission. The Safety Commission decision was reached at its meeting of Thursday, November 11, 1999. Staff recommendation: Refer back to the Safety Commission for further consideration. (Director of Public Works) 7. RESOLUTION NO. 2000-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE FY 1999-00 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO A) ADD THE DISCOVERY PARK SNACK BAR CONSTRUCTION PROJECT (PR 230), AND APPROPRIATE $45,000 THEREFOR FROM RESIDENTIAL CONSTRUCTION TAX FLrNDS; B) APPROPRIATE $77,200 OF STATE GRANT FUNDS TO THE PARKWAY POOL RESURFACiNG/RELAMPING PROJECT (PR 223), AND REDUCE THE PARK ACQUISITION AND DEVELOPMENT (PAD) FUNDS BY $69,700; C) APPROPRIATE $15,000 OF UNAPPROPRIATED AND UNALLOCATED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO ADA MODIFICATIONS PROJECT (GG144) FOR THE YMCA FACILITY ON FOURTH AVENUE; D) APPROPRIATE $1,000 OF UNAPPROPRIATED AND UNALLOCATED CDBG FUNDS TO SIDEWALK REHABILITATION, PHASE IV PROJECT (STL203); E) APPROPRIATE $2,000 OF UNAPPROPRIATED AND UNALLOCATED CDBG FUNDS TO DOWNTOWN STREET LIGHTING, PHASE II (RD226); F) APPROPRIATE $4,510.23 FROM TRUNK SEWER CAPITAL RESERVE TO THE "C" STREET SEWER EXTENSION PROJECT (SW213); AND G) APPROPRIATE $12,432.67 FROM THE SEWER FACILITY REPLACEMENT FUND TO THE SEWER MAiN INSTALLATION - SHIRLEY STREET PROJECT (SW217) (4/5TH'S VOTE REQUIRED) Page 3 Council Minutes 01/25/2000 CONSENT CALENDAR (Continued) Staff is proposing various clean-up items for a number of capital improvement projects (CIP), as well as proposing a new CIP project. These proposals involve amending the approved 1999-00 CIP budget, as well as appropriating funds from various funding Soiltees. Staff recommendation: Council adopt the resolution. (Assistant City Manager Morris) ACTION: Mayor Horton moved to continue Item #5, refer Item #6 back ~o the Safety Commission for further consideration, and to approve staff recommendations on Items #2, #3, #4, and #7, headings read, texts waived. The motion carried 5-0. 8. RESOLUTION NO. 2000-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CHULA VISTA ANIMAL CARE FACILITY-130 BEYER WAY IN THE CITY OF CHULA VISTA, CA (GG-158)" PROJECT On Wednesday, December 1, 1999, the Director of Public Works received sealed bids for the "Chula Vista Animal Care Facility-130 Beyer Way in the City of Chula Vista, CA (GG-158)" project. The work to be done is construction of an animal shelter, complete, including earthwork, on and off-site utilities, paving, mechanical, electrical and incidental work Staff recommendation: Council reject the bids due to inconsistencies in the bid proposals received for the six bid alternates and direct the Director of Public Works to re-advertise the work with modified specifications. (Director of Public Works) Angelo Paone, representing Kenai Construction, one of the bidders, stated that his company was the apparent lowest responsible bidder on the project and asked why his firm was not selected. City Attorney Kaheny responded that there had been confusion in the bidding process, and the City had a valid reason for rejecting all bids. Public Works Director Lippitt commented that the current bidders may submit new bids on the work. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF ESTABLSHING UTILITY UNDERGROUNDING DISTRICT NO. 131 ALONG FOURTH AVENUE FROM "H" STREET TO "L" STREET RESOLUTION NO. 2000-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRTICT NO. 131 ALONG FOURTH AVENUE FROM "H" STREET TO "L" STREET AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION Page 4 Council Minutes 01/25/2000 I 7 T PUBLIC HEARINGS (Continued) On December 7, 1999, by Resolution No. 19702, the City Council ordered a public heating to be held on January 25, 2000 to determine whether the public health, safety or general welfare requires the formation of a utility undergrounding district along Fourth Avenue from "H" Street to "L" Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergrounding district is one mile long and is estimated to cost approximately $1,000,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project, including reimbursements to affected property owners for their respective trenching costs. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Mayor Horton requested a map showing the streets along which utilities have already been undergrounded and those remaining to be done. She also commented that any ove~ay work planned on Fourth Avenue should be delayed until the undergrounding had been completed. She then opened the public hearing and asked if anyone from the audience wished to speak. Donald Barahura, 649 Fourth Avenue, asked the process to apply for a reimbursement of trenching costs, how the two houses located behind his property would obtain power from Fourth Avenue, and whether or not the proposed work would trigger a reassessment of the property valuations. Public Works Director Lippitt responded that the power company would decide about the power supply, that he did not believe the work would result in property reassessments, and that he would contact Mr. Barahura regarding the process to obtain a reimbursement. Michael Quinn, 819 Fourth Avenue, asked if any portion of the contract work could be done by individual homeowners, if the owners would be notified when the work had been satisfactorily completed, and if the City would identify any associated costs that homeowners might be likely to incur. He also stated that Fourth Avenue, from K Street to L Street, needs more effective lighting. Public Works Director Lippitt responded to Mr. Quinn's questions and indicated that new lighting would be installed in several months. Mr. Barahura asked if there would be a list of approved contractors for use by the homeowners. Mr. Lippitt stated that the building inspectors could provide such a list, and the contractors will be required to obtain permits to do the work. Mayor Horton asked that a community meeting regarding the project be scheduled with all affected property owners when the utility plans have been completed. ACTION: Deputy Mayor Moot offered Resolution No. 2000-027, heading read, text waived. The motion carded 5-0. Page 5 -Council Minutes 01/25/2000 PUBLIC HEARINGS (Continued) 10. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAY RANCH SPA ONE FOR THE CONSTRUCTION OF A PASEO AND PARK P-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHLrLA VISTA DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS, FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 CTM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT (CONTINUED FROM JANUARY 11, 2000 - 4/5THS VOTE REQUIRED) Approval of the resolution will initiate eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes that are necessary to construct said Paseo and Park. Mayor Horton noted that the hearing was continued from January 11, 2000. Deputy Mayor Moot stated that he would abstain from participation in discussion and voting on this matter due to the fact that it concerned the McMillin Company, and he left the dais. Principal Planner Rosaler introduced Linda Bartz, the attorney representing the City in the condemnation proceedings. Ms. Bartz reported that, thus far, neither the developer nor City staff have been successful in negotiating the acquisition of the subject property, which is needed for the project. In the absence of voluntary conveyance by the owner, the City can only acquire the property by condemnation proceedings, and the developer has asked the City to consider exercising its power of eminent domain. Mr. Rosaler stated that he would present substantial evidence for the Council to find that condemnation is necessary to implement the policies adopted by the Council and Board of Supervisors when the Otay Ranch General Development Plan/Sub-regional Plan was adopted in 1993. In the plan, policies were established for the pedestrian orientation of the villages in Otay Ranch. In 1996, the Council approved the Specific Area Plan for Village Five, which provided for pedestrian orientation through a number of different measures, one of which was the paseo and parks systems. Pedestrian features have several components. There is the village pathway that connects Villages One and Five with Village Six. Regional trails nm along Telegraph and Poggi Canyons. There are parkways on residential streets, and the paseo connects the regional trail and brings people down to the village core, park and school. It was designed so that children going to school in this area of the village would not have to cross the public street. Access has also been provided to the transit station for transit riders. The paseo was split along a property line so that half of the paseo and park were on the portion owned by Otay Ranch Company and half was on what was to be McMillin ownership. In 1998, the Otay Ranch Company lost control of parcel 35A, and the ownership was retumed to the foundation. Page 6 Council Minutes 01/25/2000 PUBLIC HEARINGS (Continued) Mr. Rosaler further stated that staff believes there is substantial public interest and necessity to support the condemnation in order to implement the policies adopted by the Cotmcil in the General Development Plan and on tentative maps for both sides of the property line and in order to complete the pedestrian system. If the foundation were to implement the tentative map on its property, it would have to dedicate and improve the park and the paseo. Only the park and paseo and slope rights are part of the condemnation; the balance of the 15-acre parcel is not part of the action requested. Mayor Horton asked if it were correct that the owner is still trying to negotiate a resolution to the problem. Ms. Bartz responded that Counsel for the property owners has indicated that they are not in a position at this time to make a cotinter offer but that one should be forthcoming. Adoption of the proposed resolution and the subsequent filing of the condemnation action would allow the City to obtain possession of the property and move forward with the project, but it would not prevent any continuing negotiations. Mayor Horton asked if anyone from the audience wished to speak. Michael McAndrews, 777 S. Flower Street, Los Angeles, representing the Birch Foundation, stated that the foundation has been a corporate citizen of Chula Vista for many years and has extensive land holdings in the community. While the foundation does not seek to be difficult or to object to the McMillin development adjacent to Parcel 35A, the board of directors is required to see that the foundation's assets are protected and disposed of in an equitable way. For those reasons, the foundation objects to the condemnation and urges the Council not to adopt the resolution of necessity. It is the board's position that this matter is a private, not a public, taking. The City has imposed upon the developer of the land west of Parcel 35A the obligation to provide certain public improvements, including park land and the paseo. The foundation has no objection to park land or the paseo and has no difficulty with the General Development Plan for Village One. However, it does object to the City satisfying a condition for the developer. It is the obligation of the developer to provide land. City powers are being exercised to satisfy a map condition, a development condition of a private party. Further, the Council is required to find that the property in question is the only appropriate property for the public improvements, and he suggested that there was nothing in the record to so indicate. Finally, he stated that the law requires that before a condemnation can proceed, specific information must be provided to the property owner, including an offer to purchase, a written appraisal and a written summary showing the basis of the valuation. He did not believe the foundation had been provided adequate information on which to base a decision of whether or not it was appropriately disposingof its assets, and he urged the Council not to adopt the resolution. Mayor Horton asked what it would take for the foundation and McMillin to resolve this issue so that the project could move forward. Mr. McAndrews responded that a charitable foundation must decide whether or not the value that has been assigned is appropriate and whether or not there is a legal basis to cooperate in the condemnation, which is placing a burden on the foundation that it does not want. The foundation, at this point, does not have sufficient information, and the burden for a resolution should not be placed on the foundation. Councilmember Davis asked if the foundation had ordered its own appraisal of the property. Mr. McAndrews replied that he did not know, however, he felt it would be inappropriate to think the foundation should spend money to value the property for a circumstance which is not of its own making. Councilmember Davis commented that if the foundation is concemed about being responsible in the disposition of this property and in being assured that a proper valuation has been assigned, a separate appraisal might be appropriate. Page 7 - Council Minutes 01/25/2000 PUBLIC HEARINGS (Continued) Councilmember Padilla asked for an approximate time when dialog with the foundation on this matter commenced. Ms. Bartz responded that communications with the foundation began in 1997, providing offers and making requests for fights to enter to do grading. A letter was sent in May 1998 requesting permission to appraise the property. Responses from representatives of the foundation basically indicated that the foundation was not interested in negotiating, and one letter objected to the fact that the off-site requirements were being imposed and stated that McMillin should satisfy the requirements on its own property. In October 1998, the developer referred the matter to the City'to begin condemnation proceedings. The property was reappraised, and the valuation increased significantly. A final offer was then made to the owner by City staff. Ms. Bartz also stated that state law does not require the Council to find that this is the only appropriate property; state law gives wide discretion to the condemning agency in designating the location of a project. Further, the offer letter included a detailed explanation and attachments showing the interest to be acquired, and the appraisal summary statement sent by City staff was sufficient and conforms with those sent by other public agencies in San Diego and Riverside Counties. Assistant City Attorney Moore commented that, with respect to the contention that the condemnation is for the benefit of the developer, the condition was placed on the developer by the City for the benefit of the City to provide for the paseo and park, as required by the Specific Area Plan and other planning documents. Robert Pletcher, representing McMillin Companies, the developer, stated that McMillin thus far has met its challenges in providing the public improvements required by the City, and he asked for the City's assistance in moving the project forward. He stated that the park and the paseo would be publicly owned and maintained. He also reported that the property owner has a long history of inaction, and various public entities, including Chula Vista, San Diego, the Otay Water District, San Diego Gas & Electric, and the federal government have had to use condemnation proceedings to acquire what they needed for public improvements. The process for this particular action began in August 1997, when requests for necessary easements or for acquisition were refused. He asked the Council to proceed with the process by adopting the resolution. Mr. McAndrews reiterated his objections to the proposed resolution and stated that it was the obligation of the Council to comply with requirements of the law. Mayor Horton asked Mr. McAndrews whom she could contact at the foundation who would have the authority to make a decision on behalf of the foundation to resolve this matter. Mr. McAndrews stated that he would put the Mayor in contact with representatives of the foundation. Mayor Horton asked if anyone else in the audience wished to speak. There was no response, and she closed the public heating. ACTION: Following Council comments, Mayor Horton moved to continue the item to the meeting of February 1, 2000 to allow her additional time to attempt to negotiate with representatives of the foundation. Councilmember Padilla seconded the motion, and it carried 3-1-1, with Councilmember Davis opposing on the grounds that she believed the Council should move forward with the resolution at this time, and with Deputy Mayor Moot abstaining. Page 8 - Council Minutes 01/25/2000 BOARD AND COMMISSION RECOMMENDATIONS 11. REPORT ON COUNCIL CONTINUATION OF CHILD CARE COMMISSION Earlier this year, in an attempt to conserve staff resources and reduce redundancy of duties by various agencies, the City Council asked staff to review the various Boards, Commissions and Committees to determine if there was overlap. The recommendation regarding the Child Care Commission was that the Commission should meet with other child care and related organizations operating in the City and provide a report or presentation to the Council by January 1, 2000. Since that time, the Conunission has met and discussed its duties, developed goals and objectives, and reviewed the provision of similar services by other agencies. The Commission invited Mary Jo Buettner of the Coordinating Council to its March 2, 1999 meeting, and she gave a presentation on the Chula Vista Coordinating Council, one of the agencies with perceived overlapping duties. The Congnission has recommended that the Council support its continuation. Mayor Horton reported that she had met with Chair Rindone regarding Commission activities and goals and suggested that the Council retain the Commission at this time. ACTION: Mayor Horton moved to continue the Commission, to direct staff to consider hiring a Child Care Coordinator during the fiscal year 2000/2001 budget process, and to schedule a workshop with the Commission on April 20, 2000 to inform other Councilmembers of the Commission's issues and goals. Councilmember Salas seconded the motion, and it carried 5-0. Mayor Horton also noted a problem with absenteeism on the Commission and referred the matter to a Council subcommittee. Councilmember Salas stated that the idea of designating a "Day of the Child" was brought forward to the Conunission Chair. ACTION ITEMS 12 A. RESOLUTION NO. 2000-028, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AN AREA OF "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS" ON THIRD AVENUE BETWEEN 'T' STREET AND "J" STREET FOR THE PURPOSE OF INSTALLING A TWO-WAY LEFT TURN LANE TO IMPROVE PUBLIC SAFETY, IN ACCORDANCE WITH SECTION 10.52.270 OF THE CHULA VISTA MUNICIPAL CODE, THEREBY AMENDING SCHEDULE III, AS MAINTAINED BY THE CITY ENGINEER IN A REGISTER WHICH LISTS THE STREETS OR PORTIONS THEREOF LIPON WHICH THESE PROHIBITIONS ARE IN EFFECT B. RESOLUTION NO. 2000-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ADD THE THIRD AVENUE STRIPING PROJECT FROM 'T' STREET TO "J" STREET TO AN EXISTING FY 99/2000 CAPITAL IMPROVEMENT PROJECT TF-271 TITLED, "'H' STREET RE-STRIPING BETWEEN THIRD AVENUE AND HILLTOP DRIVE AND APPROPRIATING $12,000 FROM THE GAS TAX FUND TO BE ADDED TO THE BUDGET FOR THIS PROJECT (4/STHS VOTE REQUIRED) Page 9 - Council Minutes 01/25/2000 ACTION ITEMS (Continued) The Traffic Engineering Section received a written request on May 12, 1998, from Jill Eichmann, 678 Third Avenue, Suite 101, Chula Vista, CA 91010, implying that parking along both sides of Third Avenue between 'T' Street and "J" Street needed to be removed and asking that a two-way left-turn lane be installed along that segment of the roadway. She stated that it was unsafe to merge into traffic on Third Avenue from driveways along Third Avenue because of parked vehicles along both sides of the street. This same request has been received numerous times dating back to 1987, and staff has removed parking along most of this street as a result of these requests. The remaining parking must be removed to provide for a two-way turn lane. (Director of Public Works) ACTION: Councilmember Davis offered Resolution Nos. 2000-028 and 2000-029, headings read, texts waived. The motion carried 5-0. 13. REPORT ON SB 329 (PEACE), REGIONAL INFRASTRUCTURE TRANSPORTATION AGENCY CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING AMENDMENTS TO SB 329 (PEACE), REGIONAL iNFRASTRUCTURE TRANSPORTATION AGENCY State Senator Steve Peace has submitted a legislative proposal (SB 329) that would consolidate five existing public agencies into one regional body. The proposal is intended to improve the efficiency and effectiveness of planning for, and meeting, regional transportation needs. City staff believes this proposal, if enacted, would have significant impacts on the cities and service delivery throughout the region, and staff is recommending that the Cormell adopt a resolution to express concerns and propose certain amendments to SB 329 and submit those to Senator Peace for his consideration. (City Manager Rowlands) Mayor Horton noted that the legislation is a work in progress, and the original bill has been extensively revised. Councilmember Salas expressed the following concerns regarding the proposed legislation: Ten members are initially appointed by the Governor, which gives them the power of incumbency during subsequent elections; terms of office should be extended to four (rather than two) years; the agency will have the power to acquire any property in the San Diego region by any means, which is alarming, and there are inconsistencies on pages 8 and 9 of the proposed legislation; the term "airports" needs to be clarified, since there is only one airport operated by the Port District; an implementation plan should be forthcoming prior to approval; Chula Vista has seen no assurances that the bill will not negatively impact such projects as the City's negotiations with BFGoodrich, goals for the Southbay power plant, State Route 125 or Olympic Parkway, and the City needs assurances that the projects will continue on schedule as the agencies are being consolidated; and there also need to be assurances of an equitable distribution of funding throughout the County. She stated that she could not support the legislation until it is more definitive; and the Council should see the revised version before taking any action. Page 10 - Council Minutes 01/25/2000 ACTION ITEMS (Continued) Councilmember Padilla stated that staff and elected officials throughout the Council need the opportunity to see the final version of the bill in order to intelligently comment on it. He stated that the Council is not being asked at this time, however, to support or oppose the bill, only to forward comments regarding it to Senator Peace and perhaps provide suggested areas for additional focus. He asked that any legislation include (a) provisions that would prohibit charter members appointed to the board from subsequently seeking election to the board and (b) clear and strong language regarding the retention of the existing land use authorities of the incorporated cities and the County. He also stated that the issue of separating the powers of the Port District over strictly port-related matters versus powers which should be retained by the local jurisdictions needed to be addressed. Councilmember Salas stated that the fiscal impact of such a consolidation on the City, and the resulting effect on the City's goals for the bayfront, needed to bc researched. Councilmember Davis supported the ideas of a regional transportation infrastructure board for the County, separating transportation issues from SANDAG; having SANDAG continue to address such regional issues as housing; and maintaining the Port District, with its five member cities. She also commented that the makeup of a regional board should be tied to population so that everyone is well represented. Mayor Horton stated that dividing the region into three districts, with three representatives to be elected from each district, is trader consideration. In addition to the nine voting members, the Mayors of each city would be ex-officio members. Barbara McAllister, 857 Crest Drive, spoke in opposition to the proposed consolidation. Jerry Rindone, City representative to the Metropolitan Transit Development Board, stated that a strong regional government is desirable and essential to benefit all the citizens and the needs of the City, however, the current proposal is fatally flawed. He supported the idea of a regional transportation board but opposed the dissolution of the Port District, which he felt would be unfair and financially detrimental to the five member cities. Deputy Mayor Moot asked to see the revised bill when it is available and stated that if a regional authority is formed, the City should reacquire its Port lands and land use control authority over them. He stated that the region needs to move in the direction of regional planning. Councilmember Salas suggested that the Council request a current written or recorded record of the discussions and suggestions and agreements being discussed by Senator Peace in communities throughout the County. Mayor Horton agreed that the region needs better coordination among the different entities that make regional transportation decisions in order to provide a better transportation system and also possibility to provide a better ability to bring more funding into the area. ACTION: It was the consensus of the Council to table the resolution and to direct staff to compile comments made at this meeting and include them in a letter to be sent to Senator Peace under the Mayor's signature. Page 11 - Council Minutes 01/25/2000 OTHER BUSINESS 14. CITY MANAGER' S REPORTS A. Scheduling of meetings. City Manager Rowlands noted that Council workshops were scheduled for February 10th and March 16th. A workshop was also scheduled at this meeting for April 20th with the Child Care Commission. The City Manager noted that the Shirley Street sewer project had been removed from an upcoming agenda because staff has found a way to resolve the matter administratively. 15. MAYOR'S REPORTS Mayor Horton reported on the grand opening event she attended for the Thurgood Marshall Elementary School and congratulated the school district on its model facility. 16. COUNCIL COMMENTS Councilmember Padilla asked staff to prepare an impartial analysis of Proposition 22 so that Council may consider whether or not to endorse it. Councilmember Salas asked staff to forward the text of Proposition 26 for Council consideration of endorsement. Councilmember Salas noted that John Rojas had passed away and that services would be held on Friday at 10:00 a.m. at Church of the Most Precious Blood. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Fritsch v. City of Chula Vista, District Cast No. 98-CV-0972-E CGA. No action was taken. ADJOURNMENT At 9:55 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of February 1, 2000. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 12 -Council Minutes 01/25/2000