Loading...
HomeMy WebLinkAboutcc min 1995/01/17 (2)MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 17, 1995 6:15 p.m. Council Chambers Public Services Building CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: ALSO PRESENT: Councilmembers Fox, Moot, Rindone, and Mayor Horton Councilmember Padilia (excused absence) John D. Goss, City Manager; Bruce M. Bungaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: December 9, 1994 (Adjourned Special Meeting), January 6, 1995 (Adjourned Special Meeting), January 10, 1995 (Special Meeting), and January 10, 1995 MSC (Fox/Rindone) to approve the minutes of December 9, 1994, January 6, 1995, January 10, 1995, and January 10, 1995 (Special Meeting) as presented. Approved 4-0-1 with Padilia absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: John M. Dorso - Charter Review Committee. The Oath of Of/ice was administered to Mr. Dorso in the City Clerk's Office. b. The Agreement of Protocol from Ussuriisk, Russia was presented to the Mayor and Council by Edwardo Serrano from Friends of Ussuriisk and Edwardo Martija a member of the Economic Development Commission. Mayor Hotton questioned whether a presentation had been made to the International Friendship Commission. Mr. Martija responded that had not been done, but they would make their presentation if requested by the Commission. CONSENT CALENDAR (Items pulled: 5c, 6, and 8) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a result of deliberations that occurred in Closed Session on 1/10/95, Council retained Armando Buelna for the position of Assistant to the Mayor and Council. Except for the foregoing, there was no other observed reportable action taken by Council in Closed Session. It is recommended that the letter be received and filed. Councilmember Rindone requested that the effective date of hire, 1/11/95, be included in the City Attoruey's report. Minutes January 17, 1995 Page 2 Mayor Horton stated it would be incorporated into the Consent Calendar. b. Letter of resignation from the Youth Commission - Steve J. Ceballos, 512 Tanoak Ct., Chula Vista, CA 91911. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Letter requesting consideration for a bid for City funds in exchange for a public service work program. Rosemary A. Hilliker, The Chula Vista Connection, 73 N. Second Ave., Chula Vista, CA 91910. It is recommended that this request be deferred to the 1995/96 budget deliberation process. Pulled from the Consent Calendar. · Elizabeth Stillwagon, 1512 Melrose Avenue, Chula Vista, CA, representing The Chula Vista Connection, presented her proposal for funding from the City to subsidize childcare within the City. They did not have the matching funds required for many of the state and federal grants. Councilmember Fox stated he was a strong supporter of the program and questioned the amount they were asking Ms. Stillwagon stated they were requesting $30,000 to $50,000 annually as they now had to make lease payments. If they waited until the budget process they would have to compete with other programs for CDBG funds, they would not get the ~mding until the end of the year, and the funding could be cut the next year. Mayor Hotton questioned if they had applied for federal or state grant funds or subsidies from corporations. Ms. Stillwagon responded that they had applied for state and federal funding but had to compete against established daycares. They had also contacted businesses and corporations within the City. They did not qualify for SDG&E subsidy because the children were not sleeping overnight. Mayor Horton recommended that she meet with Ms. Stillwagon in order to get a better understanding of the proposal and to see what the City could do to assist Ms. Stillwagon. The program offered quality daycare to those that could not afford daycare and it was her personal belief that if children were to grow up to be positive influences in the community they needed to be taken care of as children. She would try to bring in other public agencies for the meeting also. Those speaking in support of the program were: · DeAnna Outen, 1460 15th-#1B, Imperial Beach, CA · Claudia Ballard, 1679-B Mira Costa Circle, Chula Vista, CA ® Adele Neves, 1373 Tanager Lane, San Diego, CA · Rosemary Hilliker, 650 Rickenbacker, San Diego, CA, stated there were parents willing to dedicate eight hours each month to the City for public service. 6. RESOLUTION 17785 ADOPTING A COUNCIL POLICY REGARDING POLICY DEVELOPMENT BUSlNESS COMMUNITY INPUT DURING POLICY DEVELOPMENT - On 8/2/94, Council directed staff to prepare a Council Policy that would formalize their commitment to receive the business community's input into those items affecting the business community before said items are forwarded to Council for consideration. Staff recon~nends approval of the resolution. (City Manager) Pulled from the Consent Calendar. · Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, felt the only thing missing in the policy was the institutionalization of the City Manager's bi-annual report on items that would be coming before Conncil in the next six months. He requested that one sentence be added which would include the mechanism of the bi-armual report. Minutes January 17, 1995 Page 3 Mr. Goss stated the main focus was to create a menu in advance so there could be a dialogue with the business community while projects were in the embryo stage. Mayor Hotton did not want the policy to hold up any process that was currently in place. She felt the City had gone a long way in streamlining and being more business friendly. Council did want open lines of communication with the business community and she felt there was a liaison with the business community through the boards/commissions. RESOLUTION 17785 OFI~ERED BY MAYOR HORTON, reading of the text was waived. Councilmember Fox stated he supported the resolution with the understanding that it would not slow up the process. He questioned if the City Manager felt there would not be a delay and, therefore, no need for the amendment. Mr. Goss replied that was correct. VOTE ON RESOLUTION 17785: approved 4-0-1 with Padilia absent. 7. RESOLUTION 17786 ACCEPTING A 24-MONTH GRANT IN THE AMOUNT OF $120,000 FROM THE CALIFORNIA DEPARTMENT OF HEALTH SERVICES, TOBACCO CONTROL SECTION; AND AMENDING THE FISCAL YEAR 1994/95 BUDGET TO APPROPRIATE $30,000 TO THE COMMUNITY TOBACCO EDUCATION GRANT BUDGET; AND ADDING .75 PART-TIME POSITIONS TO SUPPORT THE GRANT - Parks and Recreation Department's proposal, "Community Tobacco Education Interventions" has been selected for funding by the California Department of Health Services, Tobacco Control Section beginning 1/1/95 and ending 12/31/96. Members of the Youth Coalition will serve as program partners in utilizing thegrant funds for tobacco education pregrams. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/Sth's vote required. Councilmember Moot stated he was a member of the Board of Directors for the Boys & Girls Club but there was no financial interest. It was an unpaid position and therefore there was no conflict of interest under the Fair Political Practices Act. 8. RESOLUTION 17787 APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER NUMBER 11 WITH DOUGLAS E. BARNHART, INC., FOR TIME AND MATERIAL WORK AND FOR DELAY CLAIMS AND RETINTING OF EXTERIOR COLOR - Change Order Number 11 is composed of various components, including time and material work to make necessary functionality related changes near the end of the construction project, and for delay claims and retinting of exterior color after the wrong exterior color was selected. Staff recommends approval of the resolution. (Library Director and Director of Public Works) Pulled from the Consent Calendar. Mayor Horton questioned why the City was paying for an error made by the architect regarding the color of the exterior paint. She questioned if the City would be reimbursed. David Palmer, Library Director, responded the City had to pay the contractor the $31,000. The City was in negotiations with the architect to find a reimbursement for that cost. Staff expected that the City portion of the match of the $31,000 ($10,000) would be reimbursed. The State match was somewhat in question. The reimbursement to the State Library was not their primary concern as they had contingencies for such items. The City was going to work toward the best possible settlement they could achieve. Ian Gill, Project Solutions Inc., 3230 Fifth Avenue, San Diego, CA, stated when staff understood the scope of the problem they met with the City Attorney and at the request of the architect it was agreed that the initial offer and discussion be differed until the completion of the project. They were at that point currently and staff anticipated the ability to obtain hill recovery of the costs incurred. Steps were taken to ensure that the amount the contractor incurred was mitigated, i.e. the costs of delivering the materials back and remixing the material saved significant money rather than totally replacing the material. The daily cost incurred by the contractor in terms of his overhead Minutes January 17, 1995 Page 4 was already subject to negotiation. The architect had Errors and Emissions insurance and their goal was to mutually resolve the issue amicably, but in the event of a stalemate there was potential of recourse. Mr. Boogeard stated the City had a retention program and there was the Errors and Omissions insurance. It was his understanding that the City was withholding the 10% retention. Mr. Gill stated the retention was slightly less than the claim. RESOLUTION 17787 OFFERED BY MAYOR HORTON, reading of the text was waived. Staff is to try to obtain full reimbursement as it was clearly an error by the architect. Councilmember Moot questioned why there was an increase in the parking lot asphalt and why it was not increased when the asphalt was first laid. Mr. Gill replied the normal practice was to take soils tests even after the actual specification had been set and prior to constrt~ction. Upon those tests in the parking lot and after the grading was completed, it was determined that it would be prudent to add an additional thickness of asphalt to prevent future maintenance and repair problems. It was an additional precaution which involved marginal costs and saved future costs to the City. Mr. Palmer stated the City Engineer was involved in making that decision. Councilmember Moot questioned the change order for the drainage for the palm trees and landscape. Mr. Gill responded with the benefit of grading complete and the recent excessive rains it was possible to ascertain that in extreme rain situations it would be beneficial to have the additional drains. The marginal costs were considerably less with the contractor on site than taking a risk that the drains would have to be added later. It would have been done at the City's expense without the benefit of a 65% contribution by the State. VOTE ON RESOLUTION AND MOTION: approved 4-0-1 with Padilia absent. 9. REPORT "NOTICE OF AVAILABILITY OF DRAFT LOSS PERMIT" AND "DRAFT LOSS PERMIT" (CS-95-04) FOR CONSTRUCTION OF A KINGDOM HALL FOR THE CONGREGATION OF JEHOVAH'S WITNESSES AT THE NORTHEASTERN CORNER OF EAST "H" STREET AND TERRA NOVA DRIVE - Last year the Federal Department of the Interior listed the California Gnatcatcher as threatened and adopted the Special 4(d) rule which allows up to a 5 percent "Loss" of Coastal Sage Scrub (CSS). The permit would allow for the "Loss" of 0.77 acres of CSS for the construction of the Jehovah's Witnesses Kingdom Hall. Staff recommends Council accept the report. (Director of Planning) Councilmember Fox questioned whether the draft loss issue had been reviewed by the Resource Conservation Commission. Robert Leiter, Director of Plarming, responded that the RCC was scheduled to discuss it at their last meeting, but it had been reschednled for their meeting next week. Any comments they would make would be ~esponded to by staff during the review period. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING CONSIDERATION TO DETACH FROM OPEN SPACE DISTRICT NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE TERRITORIES WITHIN OPEN SPACE NUMBER 20, TO BE EFFI'~CTIVE FISCAL YEAR 1995/96 - The open space maintenance district that was created for the Rancho del Rey development overlapped two existing open space districts. This action will eliminate the overlap and was requested by Rancho del Rey Investors so that the ultimate property owners will only have one Minutes January 17, 1995 Page 5 open spac.~ district on their disclosure statement and tax bill. SLaff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17788 ORDERING THE DETACHMENT FROM OPEN SPACE DISTRICT NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE TERRITORIES BrlTHIN OPEN SPACE NUMBER 20; TO BE EFFECTIVE FISCAL YEAR 1995/96 Councilmember Fox stated he owned property in Open Space District Number 10 but did not believe he had a conflict of interest because the assessments would not be affected and there would be no financial gain. Mr. Boogaard inquired whether the item could be continued for one week until Councilmember Padilia returned. He informed Council that Councilmember Moot also owned property in Open Space District Number 10. It was a complex issue and he recommended Council wait until there were three Councilmembers with no interest in the district. He recommended that Councilmembers Fox and Moot not leave the dias but abstain from participation and have the Mayor order the continuance of the public hearing for one week. Councilmembers Fox and Moot remained at the dias, but abstained from participation. This being the time and place as advertised, the public hearing was declared open. There was no public testimony. Mayor Horton directed that the public hearing be continued to the meeting of 1/24/95. 11. PUBLIC HEARING PCC-95-16; REQUEST TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY ON THE SITE OF THE OTAY WATER DISTRICT WATER TANK, LOCATED AT THE EASTERLY TERMINUS OF GOTHAM STREET - AIRTOUCH CELLULAR - AirTouch Cellular is requesting permission to construct an unmanned cellular communications facility at the southwest corner of the water tank parcel located at the easterly terminus of Gotham Street. Staff recommends the nublic hearinn be continued to 1/24/95. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. There was no public testimony. MSC (Rindone/Fox) to continue the public hearing to the meeting of 1/24/95. Approved 4-0-1 with Padilia absent. ORAL COMMUNICATIONS Linda Merideth, 762 Oaklawn Avenue, Chula Vista, CA, representing the Mueller Elementary Parents, stated they had been informed that the funding was no longer available for the crossing guard at "J" Street and Oaklawn Avenue. It was a four-way stop intersection, but the comers were off-set and carded traffic to Interstate 5, Rohr, and the 'J" Street Marina. They requested that the crossing guard be funded until the City could fund a traffic signal for that intersection. She also reques~xt that she be notified when the item would be agendized by Council for discussion. She presented Council with a petition signed by twenty-eight residents. Mayor Hotton questioned whether Mr. Colson was still on duty. Ms. Merideth responded that Thursday would be his last day. They had been informed there were no further funds available for the position. They had also been told that funding would be extended until the Senior Patrol was ready to take over the duties. The parents were concerned with the dependability of the volunteer system. Mr. Goss stated the position was funded in the budget for the crossing guard. Any change had not been cleared through his office and he requested that it be referred to his office for further investigation and to deal with accordingly. Minutes January 17, 1995 Page 6 Mayor Horton stated she wanted someone at the intersection at least until next Tuesday so Council could discuss it at their 1/24/95 meeting. Councilmember Fox questioned when the report would be brought back to Council. Mr. Goss stated he hoped to have it back to Council at the 1/24/95 meeting. Ms. Merideth stated them was a PTA meeting on Thursday at 7:00 p.m. and requested that a member of the Council attend. Councilmember Fox stated he would attend the PTA meeting. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 12. ORDINANCE 2620 AMENDING CHAPTERS 18.16 OF THE MUNICIPAL CODE TO ALLOW FOR THE POSTING BY DEVELOPERS OF ALTERNATIVE FORMS OF SECURITY FOR PUBLIC OR PRIVATE IMPROVEMENTS REQUIRING COMPLETION GUARANTIES IN FAVOR OF THE CITY AND MAKING MINOR TECHNICAL CORRECTIONS (first reading) - The developers of the Channelside Shopping Center (which includes a 120,000 square foot Wal-Mart) are requesting that a Wal-Mart "corporate guaranty" be accepted as security for the public improvements that the City and the Redevelopment Agency are requiring for the Project. Staff recommends that this item be continued to 1/24/95. (Director of Community Development, Director of Public Works, and City Attorney) MS (Fox/Horton) to continue the ordinance to the meeting of 1/24/95. Mr. Goss requested that the item be continued indefinitely as there appeared to be litigation. MOTION WITHDRAWN: (Fox) MSC (Fox/Rindone) to receive and file Ordinance 2620. Approved 4-0-1 with Padilia absent. 13. RESOLUTION 17783 RE-APPROPRIATING FUNDS, ACCEPTING BID AND AWARDING CONTRACT FOR "CIVIC CENTER FLOORING INSTALLATION (GG-108)" - On 12/7/94, bids were received for 'Civic Center Flooring Installation (GG-108)." The work consists of replacing an existing deteriorated carpet and vinyl tiles in the Civic Center and other miscellaneous work specified in the specifications. Staff recommends Council: (1) Reappropriate $600 from 600-6001-GG123, City Hall recarpeting, $9,138.59 from 600- 6001-SW204, sidewalk replacement, and $2,659.53 from 600-600l-2-G122, Roof Repair, Loma Verde Center; and (2) Accept bids and award contract to Allied Carpet in the amount of $73,495 for "Civic Center Flooring Installation." (Director of Public Works) 4/5th's vote required. Continued from the meeting of 1/10/95. Mayor Horton stated her concerns had been addressed by staff and she recommended approval. RESOLUTION 17783 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. Minutes January 17, 1995 Page 7 14. RESOLUTION 17778 RE-APPROPRIATING $165,000 FROM STL-221, THE 1994/95 PAVEMENT OVERLAY PROJECT, TO STL-206, THE 1993/94 PAVEMENT OVERLAY PROJECT - The 1993/94 overlay project was the largest overlay program done in the City's history. The contract was awarded to Sim J. Harris Company in the amount of $1,457,132. Due to two major factors that combined to increase the contract, there was a cost over run and additional funds have to be appropriated. Staff recommends this item be continued. (Director of Public Works) 4/Sth's vote required. Continued from the meeting of 1/10/95. Mr. Goss recommended that the item be continued to the meeting of 1/24/95. MSC (Rindone/Fox) to continue Resolution 17778 to the meeting of 1/24/95. Approved 4-0-1 with Padilia absent. 15. RESOLUTION 17789 AUTHORIZING PAYMENT OF $1,368,680.75 TO THE DEVELOPERS OF THE AUTOPARK CONTINGENT UPON SATISFACTORY COMPLETION OF ALL IMPROVEMENTS - The public improvements to be funded by the district have been completed and accepted by the City with the exception of the water improvements. The developers have requested payment of the acquisition cost of the improvements with the understanding that the cost of the water improvements be withheld until approval by the Otay Water District Board. Staff recommends approval of the resolution. (Director of Public Works) Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the only additional item that had been completed out of the list was obtaining the street easement documents. Councilmember Fox questioned if it was necessary to take action or if it could be continued for one week so Council would know the outcome of the meeting with the developers. Mr. Swanson stated if approved, once all the contingencies were met, the auto park could be paid as soon as possible. Chris Salomone, Director of Community Development, stated the applicant wanted approval and then any subsequent discussion to resolution of the item would be brought back to Council. Councilmember Moot referred to the construction deficiencies on pages 15-4 and 15-5 and questioned whether they were part of the condition of payment to be corrected. Mr. Swanson stated the items were listed in Exhibit D. He did not feel they were deficiencies but things that needed to be complet~l, ~naled, and brought up to codes. Tony Collura, no address given, stated his questions had been answered and waived his time. RESOLUTION 17789 OI~I~'ERED BY COUNCILMEMBER MOOT, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. 16. REPORT ALTERNATIVES FOR PROVIDING ETHICS AND GOVERNMENT TRAlNlNG- Identifying alternatives to ethics in government training proposed by the Board of Ethics. Staff recommends Council accept the report. (Director of Personnel) Councilmember Moot questioned whether a consensus had been reached on how the program would be presented or what the program would consist of. He felt some type of legal discussion of the Statutes be included in the program, i.e. those applying to the boards/commssions and Council. Mr. Goss stated he had received verification of the quality of the program presented by the Josephson Institute and felt it was broader and dealt with issues differently than a straight presentation of the legal perspective. It had also Minutes January 17, 1995 Page 8 come to their attention that Saul Klein had good references as well. Staff had not had a chance to look at Mr. Klein's presentation and, therefore, staff recommended it be referred back to the Board of Ethics for review. Positive responses had been received from various law firms, but their interest was similar to the presentation being made by the City Attorney at the board/commission workshop. Staff recommended the City Attorney proceed at the workshop and that maybe at later date the Board of Ethics advise the use of a panel to discuss the Fair Political Practices Act, Brown Act, and other issues public officials needed to know. There was a prospect of spreading the cost with other agencies, but they were not ready to made a commitment until they knew more about the project definition, date, etc. Councilmember Rindone questioned whether letters had been mailed to other public agencies regarding the workshop. Candy Boshell, Director of Personnel, replied that the contacts were made by phone. Most stated until there was a date set and a specific trainer they were receptive and interested but would not commit. She felt there were five agencies with a real interest. · Susan A. Herney, 1103 Red Maple Drive, Chula Vista, CA, Vice Chair of the Board of Ethics, stated the Board had meet that afternoon to study the City Manager's response. The Josephson Institute was the premier provider of public service ethics training nationwide which had been confirmed by the City Manager. Council's decision to fund the very best ethics training would signal their commitment to the practice of ethical behavior and to the expectations the Council wanted to place on the work done for the public benefit by boardmembers/commissioners. There were no viable cheap alternatives. They urged Council to consider the quality of the training and the public confidence that would be generated when ethics was made one of the highest spending priorities. The Board of Ethics proposed the training as a theoretical and skill building session for members of boards/commissions. The only mandatory requirement they asked was that the Council and those officials they appointed attend. They did not intend to force anyone to attend anything, but it was logical to conclude that if the primary audience for the training was composed of City commissioners that the City staff working with them should also be included. The City Manager may feel differently and want to involve other staff and that was his prerogative. · Jerry McNutt, 522 Tallow Court, Chula Vista, CA, Member of the Board of Ethics, stated he did not support the recommendation to refer the issue back to the Board of Ethics. He felt Council should make a decision. If referred back to the Board it could impact the Josephson Institute's train-the-trainer program in early March. Taping of the program would allow further usage of the program by the City and a preamble could be added by the Mayor of the City Manager. The cost of Mr. Klein's presentation was approximately 46% of that of the Josephson Institute, but the cost proposed did not include staff time to coordinate and plan the training. It appeared that the information to be presented would be conveying ethical information rather than a program designed to affect attitudes and conduct by focusing on issue spotting, reasoning, and other decision making skills. He questioned whether training materials would be provided by Mr. Klein and who would prepare those materials. He would consider training by attorneys as additional training to the Josephson Institute as it was more information and legalistic in nature and addressed the impact of the Fair Political Practices Act and Brown Act which were subjects not covered by the Josephson Institute. Councilmember Fox questioned if the Board supperted the inclusion of other agencies. Mr. McNutt stated that was correct. · Harriet Acton, 265 Nixon Place, Chula Vista, CA, Chair of the Board of Ethics, requested that Council take action on their original proposal and not refer the issue back to the Board. · Richard Schulman, 108 Jefferson, Chula Vista, CA, Member of the Board of Ethics, stated if a speaker was brought in without knowledge of cities they would have a credibility problem and would create a barrier. He questioned how much staff time would be spent by utilizing someone other than the Jospehsen Institute. The Board was frustrated with the situation at the present time and took their role as advisors seriously. The Board requested Minutes January 17, 1995 Page 9 that Council make a firm commitment to set aside money for the program. It was already too late to proceed with the needs assessment on 1/26/95 due to the delays. Mayor Horton stated one of the problems with the proposal was that it did not address some of the issues she felt wore of a concern, i.e. legal issues. If the Board could incorporate several hours for the legal elements she could support the Boards' recommendation. She questioned whether it could be worked into the Josephson program. Councilmember Rindone stated it was is understanding that the City Attorney would be addressing the legal issues at the 1/26/95 workshop. He questioned if that presentation would be adequate or if there would be a need to address a panel to complement the City Attorney's presentation. Mr. Boogaard stated his presentation on 1/26/95 was limited to approximately 25 minutes which would cover a brief overview of the Political Reform Act and in particular the disqualification provisions (conflict of interest). There was not enough time at the workshop to conduct a panel discussion or in depth discussion of that provision. He felt 11/2 to 2 hours should be dedicated to the more institutionalized ethical issues, i.e. conflict of interest law. He felt the Jospehsen Institute could work that into their program. Councilmember Fox questioned whether the Board supported the 1/2 day program. Ms. Acton replied that the Board would accept anything that would bring the program to the City. Mayor Horton stated the FPPC rules and regulations and Brown Act were very complicated issues and it would be beneficial to have a panel of legal experts address the commissioners, Council, and staff. She agreed the Josephson Institute was highly qualified to present the theoretical portion of the program. The City Attorney's 25 minute presentation on 1/26/95 would not address all the concerns and issues. Martha Villegas, 460 Smoky Circle, Chula Vista, CA, Member of the Board of Ethics, waived her time. Billy L. Kelley, 45 East Palomar, Chula Vista, CA, Member of the Board of Ethics, waived her time. Joanne Carson, 57 Millan Court, Chula Vista, CA, Member of the Board of Ethics, waived her time. Councilmember Fox noted that all members of the Board of Ethics were present at the meeting. Councilmember Moot offered his services to work with the Board of Ethics on the legal portion of the program and help them put together a panel of attorneys. Councilmember Rindone stated he was pleased with the tenacity and effort by the Board of Ethics. It was a critical issue and the Council needed to take the leadership role. With the addition of outside agencies participating it would help to greatly reduce the cost of the program. He felt the presentation by the Josephson Institute and the legal presentation should be two components of the program. MS (Rindone/Fox) to direct staff to establish the Josephson Institute workshop for a full day workshop; direct staff to establish a panel of attorneys with the assistance of Councilmember Moot to provide the legal training; and other public agencies, once a date had been set, would be officially invited to participate in the program with all participating agencies sharing proportionally in the costs. Councilmember Fox requested clarification of the motion. Councilmember Rindone stated the intent was to have a one day program with the legal panel being incorporated. If that was not feasible, then there would be a separate legal panel on a different day (two hours) as there was concern regarding the legal issues. Councilmember Fox hoped that the legal presentation could be incorporated into the one day program by the Josephson Institute. Minutes January 17, 1995 Page 10 Mayor Hotton stated she would vote on the motion with the understanding that the Josephson Institute would provide two hours for a legal presentation. Councilmember Moot stated he would support the motion. He preferred that it be all incorporat~xl into a one day program. The Statutes were extremely complex and felt everyone would benefit from a combination of both presentations. Councilmember Rindone replied that was the intent of the motion, but if it was not feasible there would be a separate two hour panel for legal issues. VOTE ON MOTION: appr0ved 4-0-1 with Padilia absent. Councilmember Rindone hoped the program would proceed with due diligence and be established prior to 120 days. 17. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. No staff report was given. Councilmember Rindone questioned if the City was in discussions with the City of San Diego regarding modifications. George Krempl, Deputy City Manager, replied that Sun Diego was aware that there was an economic concern if certain changes were made within the County system which may or may not make it advisable for the City to proceed. Councilmember Rindone staled the City of San Diego had been pro active in working with Chula Vista. If the alternatives by the County were better than those with the City of San Diego he wanted to be sure that the City of San Diego be given an equal opportunity to match or best that alternative. He wanted to get what was best for the constituents at the best rates for the long term. 18. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. No staff report was given. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5c, 6, and 8. The minutes will reflect the published agenda order. OTHER BUS1NESS 19. CITY MANAGER~S REPORTfS) a. Scheduling of meetings. No report was given. b. Mr. Goss stated the Literacy Team had moved into the South Chula Vista Library on 1/13/95. c. Council Referral - Public Restroom Requirement. Mr. Goss informed Council that the Municipal Code was silent regarding the requirement of service stations providing public restrooms to the public. Staff had examined the Use Permit for the facility in question and the requirements in the CUP and there were no specific requirements for public restrooms. Staff also researched the State Health and Safety Code as well as the Business Professions Code and neither required public restrooms. The manager of the facility in question had indicated that the restrooms were available to customers of the station. He suggested Council refer the item to staff for possibly Minutes January 17, 1995 Page 11 including the requirement in the next update of the building code and whether it should be incorporated into the municipal code. MSC (Fox/Rindone) refer the item to staff for possibly including the requirement in the next update of the building code and whether it should be incorporated into the municipal code. Approved 4-0-1 with Padilia absent. 20. MAYOR'S REPORT(S) a. Consideration of visitation to Odawara, Japan on 4/29/95 thm 5/6/95. Mayor Hotton stated she had been contacted by the International Friendship Commission regarding a visitation to Odawara, Japan. She had informed the press that she would leave the decision to Council. The IFC estimated the cost of the trip at less than $2,000. She understood the Japanese customs and that protocol was very important. Councilmember Fox questioned what would be accomplished on such a trip. He further questioned whether they would be able to take advantage of the High Tech/Bio Tech Zone or Border Environmental Commerce Alliance programs. Mayor Horton stated she had been approached by several Japanese businessmen that wanted to introduce her to other Mayors from other cities and larger cities. The additional travel would be at her personal cost. She hoped to promote stronger economic ties with San Diego County and the City of Chula Vista. She would be promoting both the High Tech/Bio Tech Zone and the Border Environmental Commerce Alliance programs. Councilmember Fox questioned when the last time was that a Chula Vista mayor visited Odawara. Mayor Horton replied that she did not believe a mayor had ever visited Odawara. She noted that her sister spoke Japanese and would accompany her and pay her own expenses. Councilmember Moot questioned how such trips were budgeted. He supported the Mayor's travel and felt it was important to show that the City was serious about the Sister City program. He agreed there was a lot of importance placed on customs and protocol by the Japanese people. Councilmember Rindone requested information for the following: 1) what was the past practice and what had previously occurred; 2) what was the recommendation of the Intemational Friendship Commission; and 3) what account would be charged for travel expenses. He requested that the item be continued for one week in order to obtain that information. MS (Rindone/Fox) to continue for one week. Staff is to return with information for the following: 1) what was the past practice and what had previously occurred; 2) what was the recommendation of the International Friendship Commission; and 3) what account would be charged for travel expenses. Councilmember Fox expressed concem that the IFC would not have time to review and make recommendations in time for the 1/24/95 meeting. Councilmember Rindone hoped the IFC would be encouraged to meet or that the officers input be solicited. Mayor Horton stated due to protocol it was Odawara's preference to have the Mayor travel but she was open to any Councilmember taking her place. Mr. Goss requested clarification of "past practice". Minutes January 17, 1995 Page 12 Councilmember Rindone responded when a mayor had visited sister cities in the past did the City fund it or was it paid by the individual. It was in relation only to sister cities and not proposed sister cities. He felt staff should see if there were any community sponsors available. VOTE ON MOTION: approved 4-0-1 with Padilia absent. b. Mayor Horton thanked the firefighters for their participation in the Chula Vista Cares program. She also thanked the many members of the Police Department that had participated along with the Police Activities League and Senior Volunteers in collecting and wrapping over 1,000 toys that were distributed during the holidays. 21. COUNC1L COMMENTS Councilmember Fox a. Introduction of "Reclaiming Our Streets." Referral to appropriate commission programs relating to street safety and speed watch and changes affecting existing and future neighborhoods as it relates to providing friendly pedestrian and bicycle access. Continued from the meeting of 1/10/95. Councilmember Fox requested that the item be continued to the 1/25/95 meeting. Councilmember Rindone b. Councilmember Rindone commended Mayor Horton for the positive direction taken in recognizing the volunteers and unsung heros. He hoped that letters could be sent from the Mayor's office to those recognized. c. Councilmember Rindone stated a letter had been received from the County Treasurer and he was not satisfied with the response. He hoped the Director of Finance was pursing the issue and examining all options. Mr. Goss stated staff would continue to do so. The Board of Supervisors was contemplating the establishment of a Review Committee in addition to the committee made up of the participants in the County investment pool. CLOSED SESSION Council recessed at 8:38 p.m., met in Closed Session at 9:30 p.m. and reconvened at 10:09 p.m. Mr. Boogaard stated Council would not be discussing litigation regarding solid waste issues, County of San Diego regarding Daley Rock Quarry, or labor negotiations. 22. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Govermnent Code Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Significant exposure m litigation pursuant to subdivision (b) of Section 54956.9: 1. · Daley Construction and Golden Eagle (qualification of surety issues). CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented. Minutes January 17, 1995 Page 13 Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 ® Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-4M-0-16) or 894 Energy Way, Chula Vista, CA (Parcel Number 644-182-07 and 644-182-08). As and for transfer station. Negotiating parties: Director of Community Development. Under negotiations: Price and terms of payment. 23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken. AD.IOURNMENT ADJOURNMENT AT 10:10 P.M. to the Regular City Council Meeting on January 24, 1995 at 6:00 p.m. in the City Council Chambers. A Regular Meeting of the Redevelopment Agency met at 8:38 p.m. and adjourned at 9:25 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Sod~quist, ~ City Clerk