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HomeMy WebLinkAboutcc min 1999/01/26MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA JANUARY 26, 1999 6:00 P.M. CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLLCALL: PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton ABSENT: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE in memory of City employee Mike Smith and San Marcos City Councihnember Vince Andrade 3. APPROVAL OF MINUTES of December 15, 1998 ACTION: Councihnember Davis moved to approve the minutes of December 15, 1998. Councihnember Salas seconded the motion, and it was approved 5-0. 4. SPECIAL ORDERS OF THE DAY Employee Recognition Award of tile Month - Guadalupe Sanchez, Department of Library and Recreation, Library Division. This item was continued to February 9, 1999 CONSENT CALENDAR (Items 5 through 11 ) 5. WRITTEN COMMUNICATIONS Letter ~-om tile City Attorney stating that, to tile best of his knowledge from observance of actions taken in Closed Session on January 19, 1999, there were no actions taken which were required under the Brown Act to be reported. Staff recommendation: The letter be received and filed B+ Letter of resignation from the Safety Comtnission - Audrey Hoke. Staff recommendation: 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 CONSENT CALENDAR (Continued) ORDINANCE 2771, REPEALING CHAPTER 3,22 OF THE MUNICIPAL CODE AUTHORIZING THE RECREATION TRUST FUND (second reading and adoption) In June 1998, the City Manager advised Council, during budget consideration, that the Recreation Trust Fund utilized by the Library and Recreation Department would be dissolved and all appropriate expenditures and revenue would be convened to the Library and Recreation Department General Fund budget. Any residual balance in the Trust Fund would be transferred to the General Fund Staff recommendation: Council place the ordinance on second reading for adoption. (Library and Recreation Director) 7.A, ORDINANCE 2772, AMENDING CHAPTER 1.34 OF THE MUNICIPAL CODE RELATING TO CLAIMS REQUIREMENTS AND PROCEDURES (first reading) 7B. RESOLUTION 19349, AUTHORIZING THE RISK MANAGER TO PERFORM CLAIMS FUNCTIONS AS PERMITTED BY CALIFORNIA GOVERNMENT CODE SECTIONS 935.4 AND 949, AND AMENDING ADMINISTRATIVE PROCEDURE NUMBER 506 RELATING TO CLAIMS ADMINISTRATION California Government Code Section 935.4, provides that Council may authorize an employee of the City to perform such claims administration functions as are prescribed by resoIution. In accordance with Government Code 935, the Municipal Code prescribes the performance of claims administration functions and sets limits as they pertain to tort and contract claims otherwise excepted under Government Code 905. The recommended actions will delegate the claims administration functions and authorization for settlement of all claims up to the current maximum allowable by the Government Code and update all documents policies and procedures related thereto Staff recommendation: Council place the ordinance on first reading and adopt the resolution (City Manager and City Attorney) RESOLUTION 19350, ADOPTING TIlE CITY'S CAFETERIA BENEFITS PLAN FOR 1999 The Internal Revenue Code requires that employers ofi~ring cafeteria plans under Section 125 have a written plan document and that the plan document be formally adopted by the employer. Staff' recommendation: Council adopt the resolution. (Director of Human Resources) RESOLUTION 19351, DECLINING PARTICIPATION IN THE 1999 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING TRANSFER OF $42,197 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE INFORMATION SYSTEM The Federal Office of Juvenile Justice and Delinquency Prevention is making Juvenile Accountability Incentive Block Grant monies available to the San Diego region, and it is proposed that all agencies in the County pool the resources to enhance the electronic transfer of information between agencies Staff recommendation: Council adopt the resolution. (Chief of Police) Page 2 01/26/99 CONSENT CALENDAR (Continued) 10. RESOLUTION 19352, ACCEPTING A CALIFORNIA STATE LIBRARY MATCHING FUNDS AWARD TO THE LIBRARY AND RECREATION DEPARTMENT, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1998/1999 BUDGET (4/5th's vote required) The California State Library has announced a one-year extension of California Library Services Act funding In 1987, the Library received a five-year California State Library grant to establish the Chula Vista Literacy Team and has continued to receive grant funds each and every year since Fiscal Year 1991/92 via one-year extensions of the grant. The Fiscal Year I998/99 award is based on a match of $1 for every $4.34 budgeted during Fiscal Year 1998/99, Stall' recommendation: Council adopt the resolution. (Library and Recreation Director) 11. RESOLUTION 19340, APPROVING AN INTERIM DESILTATION AND GRADING AGREEMENT (POGGI CANYON ) WITH OTAY PROJECT, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM THE MEETING OF JANUARY 19, 1999) On November 19, 1996, by Resolution Number 18398, the City approved the Tentative Map for Tract Number 96-04 tbr Village One and a portion of VilIage Five of the Otay Ranch Project SPA One. Tentative Map conditions require that, prior to issuance of a grading permit Ibr any land within the Poggi Canyon Basin, the developer shall comply with certain conditions concerning the proposed grading and removal of any siltation within the Poggi Canyon basin and issuance of the grading permit is anticipated shortly. Staff recommendation: This item be continued to the meeting of February 2, 1999. (Director of Public Works) ACTION: Mayor Horton of bred the Consent Calendar, headings read, texts waived. The motion passed 5-0 ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12, PUBLIC HEARING: PCA 98-05; CONSIDERATION OF AMENDMENT TO CHAPTER 19.60 TO ADD PROVISIONS FOR A CITY-WIDE KIOSK SIGN PROGRAM ORDINANCE 2773 AMENDING SECTION 19.60.480 OF THE MUNICIPAL CODE RELATING TO ALLOWABLE OFF-SITE DIRECTIONAL SUBDIVISION SIGNAGE (first reading) The proposed ordinance is to allow for the establishment of a Kiosk Sign Program in order to: (1) eliminate the proliferation of numerous large illegal signs along major thoroughfares of the City; (2) allow for the construction of off-site directional kiosks each containing a Page 3 01/26/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) specific number of panels in order to provide adequate off-site directional signage to various residential communities; (3) provide for a uniform design for off-premise directional signs which will be lnore aesthetically pleasing to tbe conmmnity; and (4) control the location of off-premise signage. Staff recommendation: Council place the ordinance on first reading. (Director of PIanning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice Mayor Hotton opened tile public hearing and asked if anyone frmn tile audience wished to speak. Ms. Liz Jackson, 3925 Tim Street, Bonita, representing Pacific Bay Homes, enumerated the company's specific concerns regarding the kiosk sign program as proposed and asked that the company be included in the design and implementation of the program. There being no thrther comments, Mayor Horton closed tile hearing ACTION: Following Council discussion and questions, Mayor Horton moved to continue the item to the next meeting Councihnember Salas seconded the motion, and it carried 5-0 BOARD AND COMMISSION RECOMMENDATIONS There were none. ACTION ITEMS 13.. ORDINANCE 2769, AMENDING SECTION 2.52.040 OF THE MUNICIPAL CODE TO MODIFY THE DEFINITION OF "CONTRIBUTIONS" TO ALLOW FOR COLLECTION OF ADDITIONAL FUNDS TO RETIRE A DEBT INCURRED IN A DECLARATORY RELIEF ACTION OR ANY ACTION TO ENFORCE PERCEIVED RIGHTS UNDER THE ELECTIONS CODE OR THE MUNICIPAL CODE (FIRST READING; CONTINUED FROM THE MEETING OF JANUARY 12, 1999) During the most recent Council election, a candidate incurred substantial legal fees in an effort to enforce rights under the Elections Code. The current City ordinance exempts from the definition of"contributions" other donations made to a candidate or councihnembers to assist in paying legal fees. The proposed amendment to the ordinance would rnake the legal defense fund exception more equitable Staff recommendation: The Council place the ordinance on first reading (City Attorney) City Attorney Kaheny reported that tile Board of Ethics reviewed and supported this ordinance at its January 7, 1999 meeting, recomn~ending a cap of $1,000 and application only to elections following adoption of the amendment Start% however, has recommended that the ordinance be adopted as proposed, with no cap and applicable to past as xvell as future elections. Page 4 01/26/99 ACTION ITEMS (Continued) Councilmember Salas expressed concern about reporting contributions and asked if the current disclosure form presented with agenda items could be modified to ensure complete disclosure. City Attorney Kaheny responded that the cun'ent fbrm is being reviewed and revised to conform to Fair Political Practice Commission standards and will be brought back to Council for adoption by resolution. Councilmember Salas also commented that in 1988, the citizens of Chula Vista voted by a margin of 78% to 22% to provide a cap on campaign contributions. She stated that she could not support the proposed ordinance amendments, since she grit that the changes were, in fact, an increase in contribution limits and circumventing the will of the people. She asked the Council to carefully consider the entire ordinance, rather than make changes to only a portion at a time. Councilmember Padilia stated that this is a politically sensitive policy issue which needs to be examined in the context of its long-term ell~ct. He indicated his support of the proposed amendments, since many candidates do not have unlimited personal resources to retire legitimate legal expenses incurred as a result of an election He I~lt there were adequate provisions for reporting and to prevent a conflict of interest, since monies lbr legal expenses could not be raised until 100 days following an election, Councilmember Moot stated that a wholcsale revision of the campaign ordinance is needed. Until that time, this ordinance is a practical approach to resolve the issue Councilmember Salas asked tile City Attorney ira Councilmember could presently raise money to pay a legal debt related to a campaign expense. City Attorney Kaheny responded affirmatively, stating that under current regulations, however, any contribution would be limited to all aggregate of $250. Mayor Horton spoke in support of the proposed ordinance, stating that she did not feel it violated the intent of the community's wish to place a limit on campaign contributions. ACTION: Councihnember Padilia oilbred Ordinance No 2769 tbr first reading, heading read, text waived. The motion carried 3-1-1, with Councihnember Salas voting in opposition and Councilmember Davis abstaining OTHER BUSINESS 12 CITY MANAGER'S REPORT(S) A. Scheduling of meetings City Manager Rowlands mentioned a workshop to be held on February 27th frotn 9:00-12:00 to review the status of the Council's goals fi'om last year 13. MAYOR'S REPORT(S) ACTION: Mayor Horton moved to ratif;/the appointment of Larry Perondi to the Performing Arts Task Force. ('oul~cihnember Padilia seconded the motion, and it carried 5-0. Mayor Hotton also announced that the Otay Water District is sponsoring a trip to the Colorado River Aqueduct on February 19-21 and has reqnested participation by Council and sta~Z Page 5 01/26/99 14. COUNCIL COMMENTS Councilmember Salas announced that she would be unable to attend the next meeting, since she would be in Washington, D.C. ADJOURNMENT At 7:05 p.m., Mayor Horton adjourned the meeting to Closed Session and thence to the Regular Meeting of February 2, 1999 at 4:00 p.m Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 6 01/26/99