Loading...
HomeMy WebLinkAboutcc min 1996/06/11MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CttULA VISTA Tuesday, June 11, 1996 6:10 p.m. CALL TO ORDER Council Chambers Public Services Building ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia (arrived at 6:11 p.m.), Rindone, and Mayor Horton John D. Goss, City Manager; Ann Moore, Assistant City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER APPROVAL OF MINUTES: May 21, 1996 (City Council Meeting) and May 21, 1996 (Joint Meeting of the City Council/Redevelopment Agency). MSC (Moot/Rindone) to approve the minutes of May 21, 1996 (Council) and May 21, 1996 (Joint Council/Agency) as presented, approved 4-0-1 with Padilia absent. 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CALENDAR (lte~ns pulled: none) CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. Councilmember Rindnne abstained nn Item 9. Mayor Horton stated that Council would meet in closed session to discuss Anticipated Litigation - Fritsch vs. the City of Chula Vista. * * * Council met in closed sessiun at 6:16 p.m. and reconvened at 7:23 p.m. * * * 5. WRITTEN COMMUNICATIONS: a. Letter from the Assistant City Atturney stating that the City Cnuncil discussed a potential case of litigation, the name of which is being withheld under the authority of Government Code Section 54956.9.1, and approved appropriating up to $20,000 fnr legal services in Closed Session on 6/4/96. Except for the foregoing, there were no other observed reportable actimts taken in Closed Sessiou. It is recommended that the later be received and filed. b. Letter and petition from the International Christian Center requesting waiver of sewer connection fee in the amount of $5,154.06. It is recommended that the City Council instruct staff' to reply to the International Christian Center indicating that the Council cannot waive the fee as requested, but that staff would work with them to make arrangements to pay the fee over a period of time not to exceed three years. ® Eilene Israel, 334 Del Mar Avenue, Chula Vista, CA, representing International Christian Center, stated the Center could not afford to pay the fees and requested that Council consider a waiver or lower costs. · Jennifer Montajes, 334 Del Mar Avenue, Chnla Vista, CA, stated the Center conld not aftbrd to pay the t~es. Minntes June 11, 1996 Page 2 ® Reverend David Montajes, 1236 Third Avenue, Chula Vista, CA, representing the International Christian Center, requested that Council acknowledge the members in the audience. The church budget was not able to pay the fees. Due to the incident that happened they were not given an opportunity tn discuss what the best resolution would be. Therefore, they limit city staff had made a drastic decision which had a great impact upon them and they felt justice should be done as they were unaware of the consequences. They had been told that the fee for the lateral connection could be waived. They were willing to pay the $2,000 sewer fee. Clifford Swanson, Deputy Director of Public Works/City Engineer, explained that the fee of $5,154 included two elements: 1) $2,109 fi~r the sewer capacity purchase which the city attorney had opined could not be waived; and 2) $3,015 for the lateral installation cost which was an actual reimbursement for the labor and could be waived with the funds coming from the general fund. Councilmember Alevy stated it was clear that a portion of the tee could not be waived. He recommended that the Center become involved in some of the activities held within the city in order to raise funds. Mayor Horton stated the waiver of the lateral costs wotdd set a precedent. The Council could be facing a tremendous deficit for the upcoming budget and had a current deficit to deal with. Reverend Montajes stated they requested the waiver becanse the expense was not caused by their action, but due to a decision by the public works department to fill up their septic tank. Conncilmember Moot stated the Center was nnt being charged ~r filling the hole. There was a long standing policy, for sanitary reasons, that once a septic tank no longer worked they had to connect to the city sewer. He requested that staff meet with Reverend Mont:~ies to work something out. If nothing could be worked out the Center could return to Council requesting a waiver. Reverend Monta. jes questioned if a three year payment plan was worked out if there would be interest charged. Mayor Horton stated that would have to he worked out with staff. If there was problem the Center could contact her office or bring it to Council. c. Letter from Regina Hickey requesting the wording "legally recorded easement for ingress and egress on private property" be added to the existing ordinance preventing ball-playing, skating, rollerblading and use 0f wheeled equipment on City property. It is recommended that this letter be received and filed. 6. ORDINANCE 2674 APPROVING THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS (PCM 95-01B) (second readinl~ and adoption)- The first Otay Ranch SPA Plan governs Villages One and Five. SPA One covers 1,061.2 acres generally located south of Telegraph Canyon Road between Paseo Ranchero and the future SR-125 alignment. The Otay Ranch SPA One application is the first SPA/specific plan submitted tn implement the Otay Ranch GDP/SRPjointly approved by the City and County on 10/28/93. Staff' recommends Council place the ordinance on second reading and adoption. (Special Planning Projects Manager, Otay Ranch Prqiect) 7. RESOLUTION 18328 ACCEPTING BIDS AND AWARDING CONTRACT FOR "POLICE DEPARTMENT WOMEN'S LOCKER ROOM RENOVATIONS (PS 144)" AND AUTHORIZING EXPENDITURE THEREFOR- On 5/13/96, bids were received for the construction of a new police women's locker room and expansion of the restroom on the main level of the police building. Staff recommends approval of the resolution awarding the contract to Woodburn Construction in the amount of $42,817. (Chief of Police and Director of Public Works) 8. RESOLUTION 18329 APPROVING REQUEST FROM KBNT CHANNEL 19 FOR PERMISSION TO CONDUCT A SPECIAL EVENT, FIESTAS PATRIAS, ON SUNDAY, SEPTEMBER 15, 1996, AND AUTHORIZING THE MAYOR TO ENTER INTO AN INDEMNIFICATION AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT - KNBT Channel 19, a Spanish-language television station, is Minutes June 11, 1996 Page 3 requesting permission to conduct a Fiestas Patrias special event on Sunday, September 15, 1996, in and around Bayside Park. As a co-sponsor of the event, the City is applying tbr a Tidelands Activity Permit from the San Diego Unified Port District, which contains indemnification language. Staff reconunends approval of the resolution. (Director of Parks and Recreation and Chief of Police) 9. RESOLUTION 18330 APPROVING THE RENEWAL OF THE AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE HIGH SCHOOL - The original three-year agreement providing tbr the joint use of the EastLake High School Library will expire on 6/30/96. On 12/I9/95, Council directed Library staff to negotiate a renewal of the joint use agreement with School District staff. Staff recotmnends approval of the resolution. (Library Director) Councilmember Rindone abstained from participation in order to avoid a conflict of interest due to his employment by the Sweetwater Union High School District. 10. REPORT APPLICATION OF THE CHULA VISTA PUBLIC LIBRARY FOR CALIFORNIA DEPARTMENT OF EDUCATION, ADULT BASIC EDUCATION, SECTION 321 FUNDING FOR THE TWO-YEAR PERIOD FISCAL YEAR 1996/97 AND FISCAL YEAR 1997/98 THROUGH THE CHULA VISTA LITERACY TEAM - The Chula Vista Public Library has applied tier $5,840 in California Department of Education, ABE Section 321 funds tbr fiscal years 1996/97 and 1997/98 (subject to availability of funds from the federal government). The funds will be used to improve the quality and responsiveness of programs which enable adults to acquire basic literacy skills. Staff reconm~ends Council accept the report and ratify the Library's application for California Department of Education Adult Basic Education, Section 321 funding. (Library Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 70 FOR CONSTRUCTION OF A 35-FOOT HIGH FREESTANDING SIGN AT THE BROADWAY ENTRY TO CHANNELSIDE SHOPPING CENTER The sign is exempt from the California Environmental Quality Act by a Class 11 (a) exemption. On 7/25/94, the Design Review Committee reviewed and approved the sign with a maximum of five panels. The Coastal Commission approved a Local Coastal Program (LCP) amendment on 5/7/96, to allow freestanding signs up to 35 t~et in height within the Inland Parcel, Subarea 4 of the LCP. Staff recommends approval of the resolution. (Director of Community Development) RESOLUTION 18331 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT NUMBER 70 FOR A 35-FOOT HlGH FREESTANDING SIGN AT THE BROADWAY ENTRY TO CHANNELSIDE SHOPPING CENTER Councilmember Alevy stated he would abstain from participation in order to aw>id a conflict of interest as Gatlin was a client of his firm. Councilmember Moot stated he would abstain from participation in order to avoid a conflict of interest as Gatlin was also a client of his finn. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLUTION 18331 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 3-0-0-2 with Aievy and Moot abstaining. ORAL COMMUNICATIONS · Marie Sackett, 609 Mariposa Circle, Chula Vista, CA, was not present when called to the dais. Minutes June 11, 1996 Page 4 · Frederick Dufresne, 1925 Otay Lakes Road//102, Chula Vista, CA, representing GSMOL, stated he wanted to set the record straight regarding a letter written by Mr. Flaugher and was read to the Council by Ms. Barbara Worth. The letter referenced a notice on 5/27/96 that was sent to the residents of Otay Lakes Lodge and implied that the notice was encouraged by a member of the City Council. It also implied that the Golden State Mobilehome Owners League did not represent the mobilehome community and MOPAC was the only recognized organization representing the mobilehome community. Thnse statements were in fact all lies, Mr. Flaugher had no organization registered in the state and had I:ew if any members. As past president and vice president of their homeowners association and president and vice president of the GSMOL chapter, also associate regional manager for GSMOL for the past four years, he personally f~lt insulted by the letter. GSMOL represented over 100,000 residents in the state of Calitbrnia and over 3,000 residents represented in the city. He felt the need to defend Mr. Boogaard and did not need to have any member of the Council or any politician to tell him his rights as a citizen of the community to do so. Council had asked fur his support in the past, as well as the support of GSMOL, and the next time they did they would be reminded of the dark day. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 12. RESOLUTION 18326 ADOPTING A CITY COUNCIL POLICY ON INSTALLATION OF SPEED HUMPS FOR RESIDENTIAL STREETS - On I/24/95, Council requested comments from the Safety Commission on a Portland, Oregon report entitled "Reclaiming Our Streets." On a companion neighborhood traffic safety item, Council on 3/28/95, requested that the Safety Commission consider the appropriateness of speed humps on residential streets as a part of their review of the Portland report. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting uf 6/4/96. Cliflbrd Swanson, Deputy Director of Public Works/City Engineer, gave a brief outline of the proposal. · Frank Stamp, 824 Halecrest, Chula Vista, CA, expressed his concern with the high speeds on Halecrest and felt the installation of speed humps would slow down the traffic. He further expressed his concern regarding the safety of the crosswalk. Councilmember Rindone stated the policy would not be applicable to collector streets. Mr. Swanson stated it may not be eligible if it was a collector street. Staff would research the street if Mr. Stamp contacted their office. ® Rebecca Jasper, 83 1 Halecrest Drive, Chula Vista, CA, felt the crosswalk was dangerous due to the high speeds on the street. She reqnested installation of speed humps on Halecrest. Councilmember Rindone questioned how the three streets would be selected for the pilot program. He further qnestioned if staff had reviewed the policies from the City of San Diego and National City. Mr. Swanson responded that if there were more than three applications from residents that met the criteria staff would take it to the Safety Commission to priortize. National City required that the speed humps be installed in pairs and the physical construction was basically the same. He felt the success of installation depended on the individual location. Councilmember Rindone felt the cost per speed hump was excessive and questioned if the program was expanded if the costs would be reduced. Mr. Swanson replied that based on the experience of other .jurisdictions that was the approximate cost. There was a lot of handwork involved in laying the asphalt and, because it was a small job it could not be done along with a Minutes June 11, |996 Page 5 large paving job. If after the trial the costs went down, Council would be advised of that. Residents would pay only the actual costs. Councilmember Padilia questioned if there was concern with the petition requirement and the change of ownership or tenantship. Mr. Swanson stated the neighborhood would have to pay lbr the speed humps. The policy recognized the possibility that once installed, if the neighborhood changed their mind or new residents moved in and wanted thein taken out, they would have to petition the city and pay for removal. Mayor Horton requested additional police surveillance on Halecrest from 8:00 a.m. - 9:15 a.m. l-br several weeks with staff returning with a report. Councilmember Padilia stated he wanted to be sure that the emergency responders were comfortable with the proposed policy. Mr. Swanson replied that the policy had been reviewed by the Chief of Police and the Fire Chief and as long as it was limited to local residential streets and not collector streets they were not in opposition. Councilmember Alevy questioned the criteria of number of homes eligi hie, what distance from the installation would be assessed, etc. Mr. Swanson stated that there were rough guidelines, but no two sitaations were the same. Staff estimated 3 speed humps per location with could include 10-12 homes. Councilmember Alevy felt that was too small of an area when an entire neighborhood would benefit from the installation. He felt it should be affrbrdable to those residents that agreed. John Lippitt, Director of Public Works, stated if the neighborhood was supportive there were no bounds on the number of homes that could be included. Councilmember Alevy questioned the city's liability if speed humps were installed. Mr. Swanson responded speed humps were not an approved traffic control device through the State of California Uniform Traffic Control Devices Committee. If they had been approved, the city's liability would potentially be much less. Ms. Moore stated it was a new area of law and felt the city could always be held liable based on the thcts and circumstances of the case. She was not aware of any case law that would extend liability to the city. RESOLUTION 18326 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived. AMENDMENT TO MOTION: (Rindone, agreeable to the Maker of the Motion) to have a report back from staff in one year whether or not the policy was utilized. Councilmember Moot did not feel that assessment districts made any sense. The city already had enough assessment districts and felt it would only create problems. Councilmember Padilia agreed with Councihnember Moot's comments. He supported the policy on a trial basis. but clarified that in the motion ttssessment districts should be excluded. Councilmember Moot stated he supported the motion with the understanding that assessment districts would not be included in the motion. VOTE ON MOTION, AS AMENDED: approved unanimously. Minutes June ll, 1996 Page 6 13.A. RESOLUTION 18332 AUTHORIZING THE CONSTRUCTION OF A PIPE GATE AND ADDITIONAL POSTS TO PREVENT VEHICULAR ACCESS ON CITY PROPERTY IN THE "D" STREET/FIRST AVENUE AREA - On 4/16/96, Conncil revoked an encroachment permit issued to Bettie Warren ti~r fence and gate across a City-owned parcel of land north of the intersection of "D" Street and First Avenue. The conditions of the revocation, however, allowed the gate to remain in place until staff was able to return with a report on alternatives to prevent vehicular access so long as pedestrian access was not interfered with. In addition, the residents indicated that Ms. Warren had erected a fence that enclosed a portion of the City-owned parcel without a permit. She has applied t-Br an encroachment permit to allow that fence to remain. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18333 DENYING AN ENCROACHMENT PERMIT TO BETTIE WARREN FOR A FENCE WITHIN CITY PROPERTY AND AUTHORIZING THE SALE OF CITY OWNED LAND IN THE D STREET/FIRST AVENUE AREA SUBJECT TO CERTAIN EASEMENTS Clifford Swanson, Deputy Director of Public Works/City Engineer, gave a slide presentation of the property and fence locations. Staff recommended that city property not be sold piecemeal, but that the entire frontage along Mrs. Warren's property be sold. Councilmember Rindone stated that Mrs. Warren had contacted him and informed him that she had changed her mind. She requested that a letter be read by the city clerk regarding her position. Mayor Horton noted that Mr. Rourk was present to represent Mrs. Warren. ® Michael J. Rourk, 231 Fourth Avenue, Chamber of Commerce Plaza, Chula Vista, CA, representing Bettie Warren, 89 First Avenue, Chula Vista, CA, stated Mrs. Warren supported Resolution 18332 and 18333 with the change of granting the encroachment permit contingent upon reducing the fence to a 40 inch fence within 10 days. The encroachment would be sub./ect to revocation any time the city needed the property. She had the front yard for over 30 years and the fence was in the same place as the previous fence and, they felt it was only fair to allow the fence to remain if reduced to 40 inches high. The solution ti, r the remainder of the resolution made sense and was logical for the area. Mrs. Warren was not interested in purchasing the property, but he felt it was in her best interest to consider the purchase as it was a reasonable solution. Councilmember Moot questioned if there was a permanent easement if there would be public ingress and egress. Mr. Swanson responded that was correct, it would be encumbered with a recreational trail easement. That would give the public the right to use the strip to access the valley, but release the city from the liability of paving the strip or doing any extra-ordinary maintenance. Mr. Luzzaro, 95 "D" Street, Chula Vista, CA, thanked Council for guaranteeing a recreation trail to the canyon and rexluested that the city widen the trail for pedestrian usage. The neighbors concurred with the staff recommendation. Mr. Malagro's survey was correct and in concurrence with the city's survey. He suggested that no public property be sold at the present time as the neighborhood needed more open space. The neighbors volunteered to work with the city on a committee regarding the development of the canyon. He urged that beth of the illegal fences be removed immediately. Vehicular traffic could be addressed with the installation of a sign at the entrance. If a pipe fence or posts were necessary he recommended that it be installed beyond Mrs. Warren's property. That would remove any temptation of Mrs. Warren claiming any public land as hers. * Susan Luzzaro, 95 "D" Street, Chula Vista, CA, thanked Council and staff for their efforts. It was the consensus of the area that a fimce was not needed, but if approved, they preferred poles. She further recommended that the area be posted for no motorized vehicles and that the fence be set beyond Mrs. Warren's property. The fence should be constructed with city funds for city use. Mrs. Warren was seeking to subdivide her property which meant that anyone living in the house beyond her would have to open and close the gate each time they entered or exited the area. She also expressed her concerns regarding emergency access. The residents on Minor would also be able to tend to the backside of their property. Before any encroachment permit was granted or city property sold a committee should be formed to deal with the development of the area. She felt Council would have to address a policy that would protect the democratic procedure. After the 5/16/96 meeting, neighbors, those that spoke at Minutes June 11, 1996 Page 7 the Council meeting and signed the petition had the police called on them and they were taken to small claims court. Intimidation or abuse should not be allowed to detour or inhibit participation in the democratic procedure. · Alma Jensen, 89 Minot, Chula Vista, CA, expressed the ti~llowing concerns: 1) the city's survey conflicted with her survey, 2) she had been guaranteed an easement to the backside of her property, and 3) the property was only being offered for sale to Mrs. Warren and not the property owners on the west side. · Jacinta Rodriguez, 98 "D" Street, Chula Vista, CA, stated the neighbors on "D" Street requested that the fence be removed immediately. · Leonard Aguillard, 138 Minot Avenue, Chula Vista, CA, requested that the t~nce be removed immediately. He recommended that the area be made into a small neighborhood park. Mayor Hotton preferred moving the t~nce back further so it would not be visible from the road. Mr. Swanson stated staff had considered tnoving the f~nce back, but it was t~lt if kept at the current location motorists would not go into the area betbre they found out that it was blocked off. Signage would be approximately Councilmember Moot questioned if the property could be subdivided. Mr. Swanson responded that it was large enough, but had no access. Mrs. Warren had sued Mr. Garcia fi~r right- to-cross and she was the only one, other than the city, that had a legal right to access the property. There would be a number of hurdles to subdivide the property. Councilmember Alevy felt it was time to remove the fences as they destroyed one of the l~w open spaces in the city. The illegally placed and illegally high fence should also be removed. He was interested in moving the gate to the northern end of Mrs. Warren's property with the installation of signage regarding prohibition of motorized vehicles. He was also opposed to selling any of the city's land. Councilmember Padilia felt the city was trying to over compensate to solve the problems. Pedestrian usage had been enjoyed for years and, Mrs. Warren had a wooden fence in place t~.~r years and no one was concerned at that time that it was on city property. He felt the city's easemeat and property should be leli alone, Mrs. Warren's fence brought into compliance with appropriate codes, and leave things the way they were. If there was vehicular access or safety concerns, the Council needed to address that. The city should work with the resident in addressing her safety concerns. Councilmember Moot questioned if the second t~nce was put up beli~re application was made tbr a permit. Mr. Swanson responded that was correct. The first fence, the chain link gate, was not put up until after applying for an encroachment permit. The second fence, enclosing the property, was put up in place of a wooden fence, neither of which Mrs. Warren had applied tbr a permit. The wooden fence had been there tier quite a while. MS (Alevy/Horton) Resolution 18332, amended to read "Authorizing the construction of a pipe gate and additional posts at the northern end of Mrs. Warren's property to prevent vehicular access un city property in the "D" Street and First Avenue area." The two existing fences are to be removed immediately. Mayor Horton stated if vehicular access was a problem by muving the fence further north, signage should be posted at the entrance. Councilmember Alevy stated he would accept that as a friendly amendment. Mr. Swanson stated if the fence was moved it would have to be 40 It. and the costs would be higher than the estimate in the report. Councilmember Rindone felt there was a consensus of Council that the chain link t~nce should be removed and that the single pipe fence was the best alternative. For the neighborhood's peace of mind and, Mrs. Warren's peace Minutes June 11, 1996 Page 8 of mind, vehicles should not be allowed that far. Cmmcil was trying to create peace in the neighborhood while maintaining the open area. Mayor Horton stated she agreed due to the escalating costs involved in moving the gate. Councilmember Alevy felt Council needed to be responsive to the neighborhood. Signage could be posted at Street regarding the prohibition of motorized vehicles. Mrs. Warren had either abused or misunderstood the situation for a number of years. He f~lt the gate should be at the northern end of her property. Conncilmember Moot stated he could see both sides and f~tt leaving the pipe fence at the present location was a reasonable compromise. AMENDMENT TO MOTION: (Alevy, agreed to by the Second of the Motion) to remove the existing illegal fences immediately and locate the pipe fence at the existing location, approved unanimously. RESOLUTION 18333, AS AMENDED, BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and apprnved unanimously. Resolution amended to read: "Denying an encroachment permit to Bettie Warren fi~r a fence within city property." * * * Cnuncil recessed at 8:56 p.m. and recnnvened at 9:11 p.m. * * * 14. RESOLUTION 18334 APPROVING AN INCREASE IN THE CITY'S REGIONAL FUND ASSESSMENT ADMINISTERED BY THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) The MTDB is requesting an increase in the City's annual Regional Service Fund assessment to reflect changes in regional transit services that have occurred since 1984. Staff recommends approval of the resolution. (Director of Public Works) * * * Mayor Hortnn left the dais at 9:20 p.m. * * * Councilmember Moot questioned what would be assessed and how it would be collected. William Gustarson, Transit Coordinator, responded that it was from the city's TDA funds annual apportionment. It had been assessed, since 1984, at 6.1% of the city's annual apportionment which varied from year to year. It was approximately $2.2 million annually. Staff proposed that the assessment go up to approximately 11%. The TDA funds were l/4% of sales tax revennes retnrned to the counties and then to individual jurisdictions on a per capita basis. RESOLUTION 18334 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Horton absent. 15. REPORT DENYING CITIZEN REQUEST FOR THREE-WAY STOP AT OLEANDER AVENUE AND MARIPOSA CIRCLE/MARIPOSA STREET -Based on the provisions of the Safety Commission Policy, adopted by Council on 3/14/95, whenever the Safety Commission and the city engineer differ on the implementation of a traffic related issue, both parties have the right to appeal the matter to the Council for final resolution. The report, denying the request for a three-way stop is the city engineer's appeal to over rule the recommendation of the Safety Commission to install a three-way stop. Staff recommends Council accept the staff report, thereby denying the request. (Director of Public Works) Cliffi3rd Swanson, Deputy Director of Public Works/City Engineer, gave a brief report. Councilmember Rindone stated he was concerned with 3-way stops, he would support a 2-way or all-way stop. He requested that staff address the slope of the hill. Mr. Swanson stated the street grade from Telegraph Canyon Road to Oleander rose at a maximum of 15%. There was a 7 % grade at the subject intersection. There was another stop sign approximately 265 ft. away. Staff did not Minutes June 11, 1996 Page 9 feel a 3-way stop was safe or that an additional stop sign was warranted. There was no accident history at the intersection and it had very few warrants. If Council considered the installation of a stop sign, staff recommended that it be an all-way stop. Councilmember Alevy felt the accidents had not been reported and the residents noted there had been a number of near misses. He recommended the installation of an all-way stop. MS (Alevy/Rindone) to install an all-way stop at Oleander Avenue and Mariposa Circle/Mariposa Street. Councilmember Padilia stated he would not support a 3-way stop at a 4-way intersection and supported the motion, * * * Mayor Horton returned to the dais at 9:32 p.m. * * * VOTE ON MOTION: approved unanimonsly. ® Carl E. Hodges, 1291 Nacion Avenue, Chula Vista, CA, expressed concern that motorists would not realize that the stop sign had been installed. He recommended that Cormoil authorize the installation of black/white signs which would state that a 4-way stop would be installed in two weeks. Mr. Swanson informed Council that signs were put in in advance that there was a stop sign ahead and a red flasher was placed on top of the stop sign tbr a week or two. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 16. CITY MANAGER'S REPORT{S) a. Scheduling of meetings. No report given. b. Replacement of the City Attorney. Councilmember Rindone stated after reviewing the information submitted by the city manager, he reco~mnended the following changes: 1) addition of "full time" on the li-ont of the recrnitment flyer; 2) addition of "ethics and promoting ethics in government" added to the center section of the flyer; and 3) salary and benefits of $50,000. He felt the city manager's office should be given authority to at[just the closing date anywhere from July 31st to August 30th depending upon the printing cycles of the periodicals. Councilmember Alevy stated he concurred with Councihnember Rindone's comments. MSUC (Rindone/Alevy) to approve the job description as revised, authorize the use of a recruiter, and to hold a modified assessment center. c. Mr. Goss stated that on 3/19/96, Council awarded the 1995/96 pavement overlay program contract. The contract price for the work was lower than any unit cost for the work in the past six years. In order to take advantage of the low price, staff proposed to proceed with additional work at $80,000. There was sufficient money in the CIP for the next fiscal year to cover the costs. Therefi>re, staff would proceed with a change order unless otherwise indicated by Council. 17. MAYOR'S REPORT(S) a. RESOLUTION 18335 SUPPORTING SB 1958 AND TO SUPPORT A RELATED SAN DIEGO COUNTY PROPOSAL FOR A 1/4 CENT 5-YEAR SALES TAX FOR LIBRARIES Minutes June I I, 1996 Page l0 Councilmember Rindone stated the city needed funds for the operation of library services. Council did not want to sacrifice the quality of life fbr the library services. Conncilmember Moot questioned the guarantee the cities wonld receive the funds. David Palmer, Library Director, responded that the Board of Equalization would pass the money directly to the cities. Councilmember Moot stated the letter from the County Board of Supervisors stated the money could not be used to supplant existing services and pro. jects and requested clarification. Mr. Palmer replied that a base year would be determined, i.e. the year that the tax was approve, d, FY 1996/97, The city would be asked to maintain the general fund support of the libraries at the base year level and the additional funds could be used to enhance hours should they be cut, as an example. RESOLUTION 18335 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-1 with Moot opposed. b. RESOLUTION 18336 OPPOSING AB 3116 (CURRENTLY INACTIVE) REGARDING STATE PRISON CONSTRUCTION INCLUDING FACILITIES IN THE SOUTH BAY, AND AMENDING THE LEGISLATIVE PROGRAM ACCORDINGLY - These items am not addressed in the Legislative Program or otherwise require direct Council action. RESOLUTION 18336 OFFERED BY MAYOR HORTON, reading of the text was waived. Mayor Horton responded that she wanted Council to take a position reflecting that the city's strong opposition to the facility. 18. COUNCIL COMMENTS Councilmember Rindone · Concems regarding attorney l-i~es paid tier the City Manager. Councilmember Rindone stated there had been inquiries about attorney fees that had been paid by the city for the city manager which he was not aware of. He did not remember discussing in closed session approval of hiring an attorney for the city manager and he was concemed that it would set a precedent which Conncil had not addressed. He was also concerned that the city manager had discussed the issue with the city attorney at the time regarding representing his interests. He recommended that the city manager cover the fees inchfred. Mayor Horton stated it was her understanding that the city manager was willing to pay the fees. In a situation when an employee could not be representexl by the city attorney, she t~It there should be some plan whereby the person would have legal counsel. She felt there should be a policy with a cap for such services required by Council appointees. Mr. Goss stated if the Council felt they needed to take action to approve or disapprove the payment, and if Council wanted him to pay the cost he would do that. It was approximately 3 hours of review of his response to make sure that there was nothing included that could create a liability for the city or himself as an officer of the city. It was a minimal amount of assistance. Normally, the city attorney would have been his advisor, but he had made it clear that his responsibility was to the Council. The government code made it discretionary to the Council as to whether they supported such a payment. Councilmember Moot felt there were extenuating circumstances that created confusion as to what was appropriate. He was one of those people tinder the impression that tinder the circnmstances it was appropriate for Mr. Goss to seek preliminary advice. He had been told by the city attorney that he could not, and would not, provide Mr. Goss legal advice. He felt Mr. Goss should pay the $700 so a precedent would not be set with Council developing a policy for the future. Minutes June 11, 1996 Page 11 Councilmember Padilia stated he wanted to make it clear that he was one member that was extensively involved in dealing with Mr. Goss on the concerns he had raised. He had dealt with him privately and directly before bringing the item to Council. He felt it important to note that he had no problem in the city paying low preliminary lees ti~r any of the Council's appointees that they put under scrutiny, especially if they could not rely on the city's attorney. But, the law was clear that expending funds for retaining an attorney tinder those circumstances had to come from the Council. There was some confusion and he did not feel that should ever happen again. Council needed to communicate better with each other. if the situation arose where a Council appointee needed preliminary legal advice it should be brought to Council in closed session or appropriate meeting lbr authorization. He felt that would avoid confusion for the employee, public, and Council. He did not have a problem with Mr. Goss submitting the invoice for payment from the city. MS (Rindone/Padilla) to direct the city manager to pay $702 for legal expenses and return with a policy for Council consideration. Councilmember Padilia questioned if a policy was put in place if the city manager could resubmit the invoice tier payment. Councilmember Rindone responded that it would be up to the Council at that time whether or not to reconsider payment. Mayor Horton stated that Councilmember Padilia had brought up accusations regarding advice from outside legal counsel. She could not go to the city attorney, thereli~re, she went to the city manager and under his authority he had directed her to contact Mr. Levy to obtain proper legal advice beti~re ~noving lbrward regarding the city attorney. She questioned if Council felt there shonld be a policy regarding outside legal advice for the Mayor/Council also. Councilmember Padilia stated all Councilmembers needed to work harder at communicating better. The acting city attorney could research the issue, but the Charter was clear that the Conncil directed the legal business of the city. The city manager' .s office could not authorize the retention of outside legal counsel liar personnel matters. It could only be authorized by the Council. He f~lt it likely that if the Mayor had requested authorization from the Council that they would have supported her request. Mayor Horton stated that she was uncertain how to bring it ti>rward to Council and a decision had to be made by herself and the city manager. Theretbre, they needed outside connsel regarding the procedure to be followed to bring the issue to Council. She did not want to put the city or anyone inw~lved in jeopardy. Councilmember Moot felt the situation was extremely unnsual and he would be shocked if such a situation ever occurred again. He felt a potential policy would be to allow the assistant city attorney to advise the person in confidence without consulting with the city attorney, if involved. He t~lt there were a nnmber of solutions that did not involve the hiring of outside legal counsel. Mr. Goss stated that staff could return with a reconunendation when the previous ret~rral was brought back to Council for review. Mayor Horton and Councilmember Rindone agreed with Mr. Goss' recommendation, but felt they should be two separate policies. VOTE ON MOTION: approved unanimously. Councilmember Alevy · Councilmember Alevy referred to the vigilante activity at Lindbergh Field regarding illegal aliens. He noted that 40% of the population was Hispanic, Latino, and Asian and there was no place lk~r that type of harassment. He commended the Port for obtaining a restraining order and passing a resolution making that type of action illegal. Minutes June l l, 1996 Page 12 ADJOURNMENT ADJOURNMENT AT 10:50 P.M. to a Special Meeting/Worksession on Wednesday, June 12, 1996 at 6:00 p.m. in the Council Confi~rence Room and thence to the Regular City Council Meeting on June 18, 1996 at 6:00 p.m. in the City Council Chambers. CLOSED SESSION Council met in closed session at 10:25 p.m. and reconvened at 10:50 p.m. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to Gnvernment Code Section 54956.9 ® Fritsch vs. the City of Chula Vista. PUBLIC EMPLOYEE APPOINTMENT - Pursuant tn Government Code Section 54957 - Title: Interim City Attnrney CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 20. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - As a result of deliberations that occurred in Closed Session, Council appointed Ann Moore as the Interim City Attorney. Council also discussed Fritsch v. the City of Chula Vista and labor negotiations. Except for the ~regoing, there were no other observed reportable action taken. By: Respectfifily submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, C~eputy City Clerk