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HomeMy WebLinkAboutcc min 1994/01/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 11, 1994 Council Chambers 5:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Moore, Rindone, and Mayor Pro Tem Hotton ABSENT: Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Booganrd, City Attorney; and Beverly A. Authelet, City Clerk Council met in closed session at 5:04 p.m. to discnss: Instructions to negotiators pursuant to Govermnent Code Section 54957.6 -Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. * * * Council reconvened at 6:05 p.ru. * * * 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: January 4, 1994 (City Council Meeting) and January 4, 1994 (Joint Meeting of the City Couneil/Redevelopment Agency) MSC (Munre/Rindone) to approve the minutes of January 4, 1994 (Council) and January 4, 1994 (Council/RDA) as presented. Approved 4-0-1 with Nader absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Jorge F. Castillo - Cultural Arts Commission. The oath of office was administered by City Clerk Authelet, the Certificate of Appointment was presented by Councilmember Moore. CONSENT CALENDAR (Items pulled: 5a, 5b, 6, 7 and 9) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Nader absent. 5. WRITTEN COMMUNICATIONS: a. Claims against the City: Claimant Number I - American Bonding Company, c/o George Spaeth, Esq., Buthalter, Nemer, Fields & Younger, Attorneys at Law, 333 Market Street, 291h Floor, San Francisco, CA 94105- 2130; Claimant Number 2 -Elizabeth Jackson, c/o Lindsay R. Brack, Attorney at Law, 11440 West Bernardo Court, Suite 300, San Diego, CA 92127; Claimant Number 3 - Big 7 Motel, c/o Transamerica Insurance Company, Jeanne Murray, Claims Representative, 2141 E. Highland Avenue, Suite 200, Phoenix, AZ 85016. It is recommended that the claims be denied. Pulled from the Consent Calendar. Minutes January 11, 1994 Page 2 · A. Robert Tieracy, 466 D Avenue #B, Coronado, CA, stated the Big 7 Motel did not comply with the requirements for disabled. The City was empowered to enforce, under the Building Inspection Department and Health and Welfare, access issues minted to the disabled community. Councilmember Moore stated Mr. Tierhey should be talking about the agendized item. The public should speak to the item and not to their pet peeve, concern, or livelihood. Mr. Tieracy stated he was addressing the inaccessibility issues at the motel. He cautioned Councilmember Moore and stated it was not a pet peeve and that he should not coerce, intimidate, or threaten under the ADA. City Attorney Booguard stated Item 5a involved a claim of a lady that fell in front of the Big 7 Motel and had nothing to do with the motel. It was his judgement that the comments made by Mr. Tierney were more appropriate under Oral Communications as they did not have anything to do with the claim filed. Councilmember Moore stated that was also his point, speakers, no matter who they were, should speak to the agendized item. Mr. Tierney questioned what the cross slope and slope was of the sidewalk in front of the Big 7 Motel. City Attorney Booganrd responded that it was irrelevant. The lady was not handicapped. Mr. Tierney responded the law did not just protect disabled individuals. City Attorney Boogmard stated the issue before Council only related to the claim of the lady trying to sue the City of Chula Vista. The City was fully cognizant of the ADA requirements. Mr. Tierney was faunchine his political awareness campaign for the City Council. Staff was fully aware, had a Transition Plan staff was trying to develop; had public works projects staff was trying to bring into compliance; staff was trying to bring every facility within the City of Chula Vista into compliance; and Mr. Tierney did not needed to remind the City, he could if he wished te, but staff was fully cognizant of the City's duties to comply with the ADA and the rules and regulations promulgated by the Federal and State government. Staff may make some mistakes along the way, but the City was trying to comply. He assured Mr. Tierney that the City was just a sensitive to the plight of handicapped individuals as he was. Mayor Pro Tem Horton requested that Mr. Tierney sit down and if he had further comments or questions she would refer him to one of the staff members. Mr. Tierney stated he would sit down but he wanted Council to take note that the City Attorney had told him that staff was fully cognizant and aware of what their responsibilities were because it relieved him from having to dig up why the City did not comply with the dates required under the Federal law. b. Letter requesting a public rehearing on the Covenant Christian School CUP term length - Gordon E. Dunfee, Esq., Managing General Parmet, California Land Associates, No. 1, 6480 Weathers Place, Suite 220, San Diego, CA 92121. It is $taff's recommendation that the rehearing not be granted inasmuch as no new evidence has been provided to justify a rehearing of the Conditional Use Permit. However, if Council wishes to reconsider their action, it would be recommended to set the new heating for 1/25/94. Pulled from the Consent Calendar. · Gordon Dunfee, 6480 Weathers Place, San Diego, CA, representing California Land Associates, stated he had sent a letter to Council requesfmg a rehearing on the issue of a two and one-half year versus a five year CUP for Covenant Christian School in the EastLake Business Park. He then reviewed the history of the project. EastLake had submitted a letter regarding potential testing requirements in the bio-med zone and because of that, the CUP had been approved for only two and one-half years creafmg a hardship on both the property owner and the tenant. Since that meeting, EastLake had submitted a memo to Council stating their surprise that the CUP was given for only two and one-half years and ag~Cm gave their support for a five year CUP. He felt a rehearing was important because the Kaiser Hospital Group, EastLake Community Church, EastLake High School, and EastLake M~nutes Page 3 Greens Homeowners Association, wanted to be aware if there was a potential promotion within the bio-med committee to promote industries that would by definition have large quantities of toxic chemicals and acutely hazardous materials. With that in mind, he requested there be a rehearing noticed. He requested that the two and one-half year CUP or five year CUP, if granted, begin in June of 1994 rather than January/February 1994. Councilmember Fox questioned when the CUP would staR. Robert Leiter, Director of Planning, responded the CUP would start with the action taken by Council last month. The two and one-half years was based on Council's original action on 12/14/93. Councilmember Rindone stated it was his intent and understanding that it would be for the balance of the cun'e~t school year so the CUP would not end in the middle of another school year. The resolution stated the CUP expired on June 30, 1996. He questioned if there was no reheadng or change if it would change his decision to allow Covenant Christian School to move into the facility. Mr. Dunfee responded they were asking for compassion. They had a five year lease with Covenant Christian School. Because of the way they operated in promoting their school and having students enroll, the expenses were very substantial the first year or two, particularly with the move. The school had requested in the business transaction that the rent be substantially reduced, giving them rental abatement, etc. the first one to two years of the lease to help them out and the last part of the lease was when they would recoup some of their losses in the first two years. From their perspective, Covenant Christian School did not have a problem with that short of a term other than they could have potential moving expenses in three years and the disruption of school. From their perspective it was very difficult because they could be two years into a five year lease with all the incumbent expenses and have the deal sink because they could not get another extension of the CUP. MSC (Fox/Moore) to approve the staff recommendations for Items 5a and 5b. Approved 3-1-1 with Rindone opposed and Nader absent. 6. RESOLUTION 17356 ESTABLISHING 1.0 POLICE SERGEANT AND 1.0 POLICE AGENT POSITIONS IN THE POLICE DEPARTMENT TO FlLL VACANCIES CREATED BY THE CITY'S PARTICIPATION IN THE TACTICAL ACTION CARGO THEFF TEAM, CREATING THE REGIONAL AUTO THEFF TASK (RATT) FUND, RECOGNIZING PROSPECTIVE REVENUE RESOURCES, AND APPROPRIATING EXPENDITURES THEREFROM - The proposed resolution would increase the Police Department's position count by 2.0 sworn positions, 1.0 Police Sergeant, and 1.0 Police Agent to supervise and staff the Tact Team. The Tact Team will operate under the umbrella of the Regional Auto Theft Task Force. The additional positions will be paid for by funding made available to local government through SB 2139. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. Pulled from the Consent Calendar. Mayor Pro Tem Horton stated that if Mr. Tieroey did not have comments specific to the item she would ask him to sit down. · A. Robert Tieruey, 466 D Avenue #B, Coronado, CA, requested the City Attorney provide the Council with a section of the ADA, under Title II, coercion, threat, and intimidation provision of equal goods, services, and programs for the disabled. Councilmember Moore stated Mr. Tierney's comments did not deal with the agendized item. Mr. Tiemey questioned where the Police Department was getting the money for the position. City Manager Goss responded that it was from the State, authorized by State Senate Bill 2139. He gave a brief review of State Senate Bill 2139. Minutes January 11, 1994 Page 4 Mr. Tierhey questioned if the creation of the position was a desire to fulfill some more manpower within the Police Department and not that the City was mandated to fulfill the position. City Manager Goss stated that in the lobby there was a complete set of all reports that were considered by Council at the meetings. It was money from the State that was designed to put together a five person team from the City's jurisdiction and two other jurisdictions to attack and provide tactical assistance in addressing cargo theft in San Diego County. The item before Council was the City's portion and was authorized by SB 2139. Mr. Tierney questioned if any of the police officers involved in the team had undergone any type of training in dealing with the heating impaired or the deaf. He further questioned if there would be any training by the Police Department at that level, and if not, why not. Councilmember Moore stated he did not feel the questions were relevant to the agenda item. Mayor Pro Tern Horton asked if Mr. Tierney had any questioned that dealt specifically with the agendized item. Mr. Tierney responded that his questions were specific to the item, he was asking if equal goods and services by the team would be provided by being aware. Mayor Pro Tern Horton questioned if that was Mr. Tierney's last question. Mr. Tierney responded that it was his last question for the item. Mayor Pro Tem Horton requested that Mr. Tieracy sit down and she would have staff respond to his questions. - Mr. Tieracy stated he reserved the right to speak for two minutes and fifty-three seconds. Mayor Pro Tern Horton stated the time would not be reserved, she had asked if he had further questions or comments and had replied that he did not. Mr. Tieracy stated unless he knew what staff was going to ask, Council was denying him the right to speak before Council and redress what Council might come up with. That left him without due knowledge. Therefore, Council was not providing him with equal goods, services, and programs. City Manager Goss stated because part of what was desired involved broader issues and questions, Mr. Tierney should make an appointment with the Police Chief, Fire Chief, or other departments and have a dialogue regarding the general issues. He agreed with the Mayor Pro Tem that the questions did not deal with the Tactical Action Cargo Theft Team of the County. RESOLUTION 17356 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived. Mayor Pro Tem Horton asked Mr. Tierney if he had any further comments he wanted ~ make regarding the item. City Attorney Boogeard stated the record should reflect that Mr. Tierhey was invited to the dias to finish his allotted time. VOTE ON MOTION: approved 4-0-1 with Nader absent. 7. RESOLUTION 17357 APPROVING THE MASTER PLAN FOR THE MCCANDLISS MEMORIAL AND HALECREST PARK AND ADOPTlING NEGATIVE DECLARATION IS-93-26 - Dining the Fiscal Year 1991/92 budget process, Council approved, in concept, Phase I of the eapitsl improvement project for the Gayle McCandliss Memorial Grove and Nature Trail. Since that time, an in-house Master Plan has been developed for both Halecrest Park and the Gayle McCandliss Memorial Grove and Nature Trail. The design and Minutes January 11, 1994 Page 5 development of the Master Plan has been prepared for Council consideration and appwval. Visual drawings of the site will be available at the Council meeting to facilitate the description of the pwposed Master Plan. Staff recommends approval of the resolution. (Director of Parks and Recreation) Pulled from the Consent Calendar. · A. Robert Tiemey, 466 D Avenue #B, Coronado, CA, stated it was his understanding the information would be made available prior to the moefmg and he had looked around for one hour prior to the meeting and could not find it. The design and development of the master plan had been prepared for Council consideration and approval and he questioned what issues regarding accessibility for the disabled, under both the Fadesal Title II ADA and California Section ll07, Subsection a, Subsection 6 and 7, had been addressed. Martin Schmidt, Landscape Architect, responded the master plan referenced all of the ADA handicapped accessibility requirements Mr. Tierhey referenced. When the concept was developed in 1991 the requirements currently in place were not applicable at that point in time. The master plan was prepared in January 1993 and staff was aware of all the issues and requirements that would be necessary to be met on the project. In preparing the renovation, the upgrades for the park, the access to the open space, all of the gradients, handrails, steps, and safety issues were all addressed in the plan. Mr. Tierhey questioned if handmils had been designed for the nature trails. Mr. Schmjdt responded the nature trails did not exceed a 5% gradient anywhere on the trails and to his understanding, if they did not exceed that, no handsails were required. Mr. Tieraey stated that according to Caiifomia Title 24, Section 1107, Subsection a, Subsection 7, stated that nature trails and similar educational end informational areas shall be accessible to the blind by provision of rope guidelines, raised arabic numerals, symbols for identification, information signs, and related guide and assistance devices. He questioned if that had been planned for in the project. Mayor Pro Tern Herton asked Mr. Tiemey if he had any further questions. Mr. Tiemey stated he may have depending upon the answer given. Jess Valenzuela, Director of Parks & Recreation, stated what was being approved was a master plan. Once they went into more detailed planning with the construction documents staff would certainly take those items into consideration. The master plan was to show where general park amenities and trails would be located. They had not gotten to that detailed level of pining yet. City Attorney Boogaard questioned if the design plans would be available to Mr. Tiemey for review before the Council approved them. Mr. Valenzuela responded that staff could do that. Mr. Tieruey thanked the City Attorney and requested that Council address the issues under Title II of the ADA and California AB 1077 which he felt all Councilmembers would do well to read. RESOLUTION 17357 OFk'ERED BY MAYOR PRO TEM HeRTON, reading of the text was waived, passed and approve(] 4-0-1 with Nader absent. Mayor Pro Tern Herton questioned when Phases 1-5 would be completed, Mr. Valenzuela responded that Phases 1 and 2 would be accomplished immediately in getting the construction documents together. In terms of construction, staff felt it would probably be the beginnln~ of AUgUst. Mr. Tiemey stated he had reserved his time depending upon what staff response was. He questioned how construction documents could be draftad when they did not know what had been designed, that was what had Minutes January 11, 1994 Page 6 _ happened on Broadway. The taxpayers in the City stood to loose a tremendous amount of money due to fines for infractions. He questioned how Council could allow that to go by. City Attorney Boogaard informed Council that staff intended to address all the ADA requirements in the preparation of the design documents which would be incorporated in the construction documents for the project. Mr. Tieracy stated that staff intended to do that on the Broadway project. Councilmember Moore stated Council had a procedure that when the public addressed Council they gave their address and had a subject to speak on, they did not abruptly come up and speak into the microphone. 8. RESOLUTION 17358 APPROPRIATING $26,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FROGRAM INCOME ACCOUNT TO PAY FOR SOUTH CHULA VISTA LIBRARY PROJECT RELOCATION BENEFITS - The City utilized $2,285,000 in CDBG funds for the purpose of acquiring the property and relocating tenants from the site located at Fourth and Orange Avenues. To date, all of the property has been acquired; construction is anticipated to begin January 1994; and a partial payment has been made for the relocation of a tenant. However, the City still needs to pay approximately $26,000 in additional relocatinn benefits to two additional tenants. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. Councilmember Rindone questioned what projects CDBG funds were moved to. Chris Salemone, Director of Community Development, responded it was the sidewalk in~ll program that was approved for the Otay neighborhood. 9. RESOLUTION 17359 AMENDING SCHEDULE VI, SECTION 10,52.340 OF THE MUNICIPAL CODE RELATING TO PARKING TIME LIMITED ON CERTAIN STREETS - SHASTA STREET FROM DEL MAR AVENUE TO THIRD AVENUE - On 1/5/93, a Trial Traffic Regulation establishing a two hour time limit parking restriction between the hours of 8:00 a,m. and 6:00 p.m. for the 200 block of Shasta Street was implemented pursuantto the provisionsofSection 10.12.030ofthe MunicipaI Code. Signs indieating the restriction were installed on 1/25/93. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. · A. Robert Tieracy, 466 D Avenue #B, Coronado, CA, requested that the study find out what goods, services, and programs, i.e. health care facilities, might be affected by that parking during business hours. There may also be disabled persons that lived in the area and if they were required to cross a street, which was fine if the street comer and the alleyways between those comers had curb cuts, that would make the transition from the opposite street a practical method of travel or would they be put in jeopardy. He wanted to know if the area being considered had all the curb cuts and if the issues he raised had been taken into consideration regarding the time closures. City Attorney Booganrd stah~ Council allowed the public to speak and comment on items. The information was on the Clerk's dias at 10:00 a.m. on Friday morning showing the area in question. While he fully endorsed Mr. Tieruey's right to address the Council, Council extended only as a matter of courtesy the right to interrogate staff at the meetings. He recommended that Mr. Tieruey's practice to date, at the current meeting, to allow him the oppermnity to review the agenda items well in advance so that he was thoroughly familiar with them so he would have the opportunity to go and inspect and do the investigation that was readily available to any member of the public and to make staff available to him to answer the questions ahead of time and not permit him to interrogate staff any further at the meeting. _ Mr. Tieracy stated he went to the office on Monday and Tuesday and request~xl to see the information fwm the City Clerk regarding the issues and had been told it was not ready. He could not do any more than that. At the lest Minutes January 11, 1994 Page 7 meeting the City Attorney had requested his card and he had been assured that he would be contacted the next day and he still had not heard from the City Attorney's office. City Attorney Booguard stated he had been informed by the Clerk's Office that the report was available Friday. Mayor Pro Tem Horton stated Mr. Swanson would be available to answer any more of Mr. Tierney's questions. Mr. Tierney questioned if he could be assured the issues raised would taken into consideration prior to Council taking a vote on the item. City Attorney Booguard stated staff had heard the comments of Mr. Tierney and if it was appropriate for staff to advise Council, they were fully cognizant, and if they did not feel it appropriate to further advise the Council they would remain silent and allow the Council to take action. Councilmember Fox felt Mr. Tierney should be allotted his five mutes. Mr. Tierney stated he would hate to go back and have to redo another job such as Broadway. He was well aware of how cognizant the City was and what their responsibilities were. Councilmember Moore questioned when the City restricted parking on any given street how the property owners were advised of those intentions. Clifford Swanson, Deputy Public Works Director/City Engineer, responded that property owners and tenants were notified by mail. They were also notified of the hearing before the Safety Commission. The City was providing a special sticker that exempted one party from the two hour provision as he needed constant care due to health problems. In addition, under the California Vehicle Code, any person with a handicapped ramp could park in any parking space and be exempt from time limits. The handicapped ramps were included in the City's Transition Plan and there was a budgeted program over the years. Staff was taking care of some of them and taking care of the rest through the Plan. Councilmember Moore stated the parking restriction was an asset to the residents and was usually requested by the property owners or residents. Mr. Swanson stated that was correct, the residents had requested it especially after Sharp Rees Steely had prohibited their workers from parking in the parking structure. Staff conducted a survey of the open stalls in the parking structure and felt that by limiting the parking it would not hurt Sharp Rees Steely and would benefit the property owners. Any property owner or tenant could have a sticker that would exempt them from the two hour limit. Councilmember Moore stated if someone had a batfie to fight and win there were various ways to do it. If they were going to have someone continually, or routinely, or on numerous occasions disrupt the Council meeting with their private and personal concerns and crusades, good, bad or indifferent, there was more than one way to accomplish that. He felt the best way to accomplish that was through good management techniques, the concern was there, the information was available, and staff was available to discuss it one-on-one versus a public arena and hold up a lot of business. That might help the individual get more fame by being on television, but if they were after getting corrective action the best way was one-on-one with staff. RESOLUTION 17359 Oiq~'ERED BY MAYOR PRO TEM HORTON, reading of the text was waived. Mr. Tierney stated he had something further to contribute and he had more time on the clock and questioned if he was being denied. City Attorney Booguard stated that once a person left the dins to speak he normally surrendered the balance of his time. Council had granted great latitude in allowing people to come back and speak, but under the City's procedures once the dins was surrendered the time limit was deemed exhausted. Minutes January 11, 1994 Page 8 -. Mr. Tiemey stated he had been there when the Council had set a pr~xtent in the past with many individuals. If the Council was going to deny him, they were not providing equality in all areas of government. He questioned if the Council was denying him. He had for the past year tried other avenues and tried to deal with staff regarding other areus of accessibility in the City to no avail. It was not for television and he took exception to the remark and requested an apology. Councilmember Moore felt the way the statement was made he would not get an apology. Mr. Tierney recommended that Councilmember Moore consult with the City Attorney regarding threatening to coerce and intimidate an individual. Councilmember Moore stated the way he stated it, it was not derogatory in any way. Mayor Pro Tem Horton questioned if Mr. Tiemey had any additional comments directed toward the item being discussed. Mr. Tierney staW, d he wanted the Mayor and Council to know he had taken the City of Chula Vista on as a New Years resolution. VOTE ON MOTION: approved 4-0-1 with Nader absent. 10. REPORT SEWER SERVICE CHARGES FOR 1010-1016 BROADWAY, ASSESSOR'S PARCEL NUMBER (APN) 618-110.31-00 - On 12/14/93, Fredtick Schnaubelt inquired about the accuracy of the sewer service charges assessed to his shopping center located at 1010-1016 Broadway, APN 618-110-31-00. As directed by Council, staff is submitting the report in response to Mr. Schnaubelt's inquiry. Staff recommends Council accept the report. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING PCA-93-01 CONSIDERATION AND ADDITIONS TO AND AMENDMENTS OF PORTIONS OF TITLE 19 OF THE MUNICIPAL CODE TO ALLOW AUCTIONS SUBJECT TO APPROVAL OF A CUP IN THE I-P (GENERAL INDUSTRIAL/PRECISE PLAN) ZONE - The project is a City-initiated text amendment to portions of the zoning ordinance to allow auctioning of vehicles, heavy machinery, and equipment upon issuance of a Conditional Use Permit. Staff recornm~.,nds Council place the ordinance on first reading. (Director of planning) Continued from the meeting of 12/14/93. ORDINANCE 2584 ADDING SECTIONS 19.04.015 AND 19.58.055 TO, AND AMENDING SECTIONS 19.46.040, 19.58.070 AND 19.62.050 OF, THE MUNICIPAL CODE RELATED TO ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMrF BY THE PLANNING COMMISSION (first reading) Robert Letter, Director of Planning, reviewed the Resource Conservation Commission minutes of 5/10/93. The Commission voted 4-2 to not recommend approval of the Negative Declaration. Councilmember Fox suspected the Commission was not told that as a result of the agreement that was executed in November, the City was required to process the text amendment to allow those types of auctions. Mr. Leiter staWd he did not believe that detail of information was presented to the Commission. They were mainly presented the environmental issues. The Planning Commission was given a more detailed report on the land use issues and they voted to support the proposal. Minutes January 11, 1994 Page 9 Mayor Pro Tem Herton stated Council was committed to the process, but was not committed to approve it if that was Council's desire. City Attorney Boogaard stated that was correct. Theconsequenceofnotgrantingitwouldgivetherighttosetaside the Siroonian settlement agreement. Council did not have to grant full auction fights, the contract only created the set aside right if Council did not give a lien sale of impounded vehicles use in the particular parcels involved in the Siroonlan settlement. Councilmember Moore stated the CUP was authorized years ago when it first opened up as the Chnla Vista Industrial Park. Over the years the CUP ran out routinely and the City failed to recognize that and it came up that they did not have a CUP. The action had been going on for a number of years. Therefore, he would suppert the staff recommendation. Mr. Leiter stated the CUP's had previously been granted for auto dismantling uses and the auto auctioning started happening without benefit of a CUP. This being the time and place as adverflsed, the public hearing was declared open. · Rebecca Michael, 530 B Street gr23000, San Diego, CA, representing June & Jim McCormack, stated their interest in the text amendment was that the first draft was limited to the lien sale contract related to the Siroonian agreement. However, the MeCormack's had been operating auctions that were beyond just a lien sale contract. They requested that the text amendment include auctions and were satisfied with the text amendment language. One of the remaining issues was what type of paving would be required and staff had responded to that issue by proposing they do a precise plan modification for Energy Way which would be separate from the current issue. Therefore, they supported the staff recommendation. · A. Robert Tierney, 466 D Avenue #B, Coronado, CA, stated he was against the issuance of the CUP because the City was bound under Title II of the ADA not to provide any service that did not comply in its entirety of the presentation of goods, services, or programs for full accessibility. The effect of unavailability of technical assistance under the ADA did not predispose that it allowed the City to go ahead and do things without making themselves aware of what the laws were. People with disabilities were entitled access to restrooms, under California Title 24 and ADA, and the proposed area did not have accessible restroom facilities for the disabled. He requested that until such information was provided, in writing, for that program that the item be withdrawn or he felt the Council would be in direct conflict with the ADA. City Attorney Boogaard questioned if there was any issuance of a permit involved in the proposed action. Mr. Leiter responded there was not, it was strictly a code amendment to allow the City in the future to issue conditional usa permits for that particular use. City Attorney Boogaard stated the staff reports were available to the public in case they wanted to review the actions be'mg taken by the Council for the meeting. He questioned when the reports were available to the public. City Clerk Authelet responded that staff reports were available to the public on Friday mornings. City Attorney Boogaard stated if there was any question as to what the item was, Mr. Tierney would be able to review the reports as early as Friday morning. No permits were being proposed to be issued. Mr. Tierney requested Council take his comments into consideration before issuing a permit. There being no further public testimony, the public hearing was declared closed. ORDINANCE 2584 PLACED ON FIRST READING BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved 4-0-1 with Nader absent. Minutes January 11, 1994 Page 10 ORAL COMMUNICATIONS · A. Robert Tieruey, 466 D Avenue #B, Coronado, CA, stated the video company providing services in the Council Chambers had a very detrimental effect and did not comply under California Title 24 or the ADA. He had tried to present papers to the Clerk and had difficulty due to his disability getting around the camera and almost fell He requested that by the next Council meeting that all clear and accessible pathways in the Chamber be kept as such. Cables should be hidden and not just covered over by carpet as that did not comply with accessibility standards at State and Federal levels. He further requested that signage related to, but was not limited to parking, communications, and stall striping be augmented immediately within the City services such as City Hail, Police Department, etc. as such dates for those changes had come and gone. He also requested, for immediate viewing (tomorrow), a copy of the Chula Vista Accessibility Compliance Transition Plan as required under Section 225. The use of California Relay Service (CRS) did not comply under Title II, Section 248. He requested that the maintenance department remove a section of the chairs from the self-rising seats so persons with disabilities could enter and sit without drawing attention to themselves and putting themselves in a detrimental position. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 12. RESOLUTION 17360 APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR INTERCHANGE TRAFlaC SIGNALS IMPROVEMENT AT INTERSTATE ROUTE 805 AND OTAY VALLEY ROAD AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT - The California Department of Transportation (Caltrans) has completed a project report for the subject interchange traffic signals improvement. Caltrans is now prepared to enter into a cooperative agreement with the City to encumber funds to design and construct the proposed project. The construction of the project is scheduled to commence in July 1994. The project report is the backbone for the cooperative agreement in determining work to be done, design specifications, and construction and associated project costs. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Rindone questioned if the originally proposed signal was a cost less than the 50 % cost of the shared project. Clifford Swansen, Deputy Public Works Director/City Engineer, responded that was correct based on the original estimate. However, staff still had to get Caltrans permission to do it whether they shared the cost or not. RESOLUTION 17360 OI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived. · A. Robert Tierhey, 466 D Avenue #B, Coronado, CA, stated he endorsed that the intersection be addressed, but if appruved it would be in non-compliance with California State Title 24, Section 522, Subsection b, Subsection 9, which required color coding for the traffic control buttons. He had submitted a letter and information to Council ea~ier in the week. The design as it stood currently did not comply and that in effect, Council would be disobeying the laws. The landings at the curb cuts did not comply and hopefully there would ha discussion before the end of the month regarding a similar problem with the Broadway project. Cultruns had proven, by prior installations throughout the county, that they were not dealing with those issues. It was the responsibility of the City to ensure that if a good, service, or program was provided for the public that it be provided in its entirety so that it could ha used by all in the community. He requested that the item ha denied until those issues were discussed and brought forth in a meeting. City Attorney Beeguard questioned if Cultruns would be performing the design services under the agreement. Minutes January 11, 1994 Page 11 Mr. Swanson stated that was correct, the City was not currently approving the design but approving a cost sharing agreement. Caltrans would be doing the design and taking responsibility for construction of the project. City Attorney Boogaard stated the City would be reviewing the ultimate design to ensure compliance with the ADA requirements pointed out by Mr. Tierney. Mr. Tierney stated the project should also comply with California Title 24 standards as well. He questioned whether that would be brought up to the general public for review. City Attorney Boogaard stated the City would review to ensure compliance with all requirements. Mr. Swanson stat~ed Caltrans would make available any plans to the public that they may want to review. City Attorney Boogaard questioned if any member of the public could request the plans from Calltans. Mr. Swanson responded that was correct. Mr. Tierney requested they be made available to him and that he be contacted. Councilmember Fox questioned when completion of the project was anticipated. Mr. Swanson felt it was about a three month project because they had to widen the ramps, curbs and gutters, and put in a retaining wall on Otay Valley Road under the bridge. Councilmember Moore stated the City had worked on the project for over one year and felt the City was probably lucky they only had to pay half. He was disappointed it was scheduled to star in July 1994. He had been under the opinion the design was being worked on. It reflected badly on government, the smaller governments needed to convince the State that things could be done differently and better. VOTE ON RESOLUTION 17360: approved 4-0-1 with Nader absent. 13. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. Councilmember Rindone stated at the last meeting of the Interim Solid Waste Commission there was extensive discussion and a presentation by the City regarding the host and mitigation fees. He was encouraged by the sincere effort in which the subcommittee was approaching the City's request. There was no guarantee, but he felt it refreshing that other elected officials were trying to understand and address Chula Vista's concerns. The subeonmuttee report would be given at the first meeting in February. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5a, 5b, 6, 7, and 9. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) 14a. City Manager Goss stated there was an ad in the newspaper taken out by the medical staff of Sharps Chnla Vista and he had been apprised by administrators of the Scripps Hospital Group that the discussion was regarding possible consolidation of some functions between Scripps and Sharp in the Southbay. It was very clear that no Minutes January 11, 1994 Page 12 - decisions had been made and it was strictly advice. The consultant was looking at the information strictly from a financial perspective. The City had conununlcated very strongly that they would be very concerned and upset and would do everything possible to block any effort to close either of the hospitals or emergency rooms. He felt that was not their intent, but that they were only looking at ways to make their operations more efficient without hurting the services being provided to the community. Councilmember Fox requested that staff provide Council with a copy of the advertisement. 14b. City Manager Goss stated staff felt there was a need to have a workshop with the Council to brief them on the status of the ADA program and address the Transitional Plan. The City was under a Federal mandate to adopt the Plan by January 1995 and he felt staff needed Council's approval to proceed with the direction being taken. Past workshops were held on the last Thursday of the month and Council had made it clear that workshops needed Council direction. Staff would like to meet with Council on Thursday, January 27th in an informal informational setting. Mayor Pro Tem Horton stated it would have to be a 4:00 p.m. meeting as Councilmember Rindone had a School Board meeting at 7:00 p.m. She stated that date would be fine with her. Councilmember Fox requested that Council be polled as one member was not at the meeting and he did not have his calendar with him. City Manager Goss questioned if Council agreed that subject to that polling, staff would attempt to set up that workshop. 14c. City Manager Goss stated the question had been raised why some of the new police cars did not have insignias on them. The provider ran out of insignias and he had been advised that the new insigaias would be on the other vehicles within seven to ten days. 14d. City Manager Goss stated that an issue arose regarding the setting of a special meeting while he was on vacation and questions arose regarding the process and procedures involved. The Community Development Director had prepared a memo regarding his perspective as to what had occurred. After reading the memo, he saw there were areas that were unclear and that there was a communication gap between the department and the Mayor during part of the process. The point that needed to be made was that every effort would be made to contact all five Councilmembers before a decision was made. The effort would also be made to only address those items and not put other controversial items on the agenda. 15. MAYOR'S REPORTfS) - None 16. COUNCIL COMMENTS Councilmember Moore 16a. Councilmember Moore felt Council's action was that if there was going to be a special Council meeting it would be coordinated out of the Council office. If management wanted to use their staff to do it, it should still be as liaison to the Council office so their secretary and staff were aware there was a special meeting. 16b. Councilmember Moore stated he had been reading information regarding the ADA and felt the scheduling and funding plan should be before the Council in due course so they were aware of what was expected to be done, i.e. the schedule when it would be done, and the funding source. It was his understanding the City had to do things effective 1/1/92 and there were a lot of retroactive things that had to be done and there should be a schedule for that. He requested that it be a referral to staff to return to Council with the ADA scheduling and funding plans. 16c. Councilmember Moore stated the City should not have meetings such as the one just held. There should be a better way for government to work. If a member of the public had intentions and plans to speak on numerous Minutes January 11, 1994 Page 13 agenda items, as it pertained that the particular case the ADA or any other item, he felt that person after one meeting should be contacted by appropriate staff and told that if he/she contacted staff on Friday they would be directed to the appropriate staff to discuss any questions on a given Monday or Tuesday. Those questions should be answered and Council meetings should be a lot smoother. City Manager Goss stated staff was available to do that. As indicated by the City Attorney, the full agenda including the staff reports was available in the Clerk's office. City Clerk Authelet stated the reports were available first thing on Friday morning. City Manager Goss stated there were also three full sets of reports available in the lobby prior to the Council meetings. City Clerk Authelet stated the reports were put in the lobby by 2:00 p.m. Tuesday prior to the meetings and one was available at the Clerk's counter Friday morning. Councilmember Moore questioned if one set of the reports could be placed in the lobby on Friday. He further questioned if a packet was also sent to the Library. City Clerk Authelet responded that a set could be placed in the lobby on Friday and that the Library also received a packet on Friday, the agenda was also on the computer at the Library and available to the public. City Manager Goss recommended that if a member of the public wanted detailed information regarding an item that they contact the effected department on Friday or Monday. The staff report included what department the report came from on the top of each report. Councilmember Rindone 16d. Councilmember Rindone stated that afar reading the staff memo regarding the calling of the special meeting of 12/28/93 he felt it was clear there were still two points that were not fully understood. The first was that all members were to be polled. Because three members were polled and able to attend it did not mean that the remaining members were not to be contacted. Staff should attempt to schedule special meetings when all five members were able to attend. There had also been an indication that only items of time sensitivity would be placed on the agenda and that had not been the case as a controversial item had been placed on the agenda. 16e. Partnership with High School District for a monument sign on "H" Street. MS {Rjndone/Horton) to refer to staff to contact the District to look into a partnership with the Sweetwater High School District regarding the feasibility of a monument sign on "H" Street. Councilmember Rindone stated he had a letter from Andrew Campbell, Assistant Superintendent of planning and Facilities, pledging to meet with the City in order to provide a sign on "H~ Street as they had land they would make available. He felt it would be beneficial and could serve as a marquee for messages. VOTE: approved 4-0-1 with Nader absent. 16f. Establish an "Adopt a Community Graffiti Abatement Parmership' with individual schools. (City to award appropriate recognition for areas with graffiti abatement.) MS {Rindone/Moore) to refer to staff to look at an option of community groups, social services, and schools adopting graffift abatement areas with the City having an award presentation annually for the area kept most graffiti free. Approved 4-0-1 with Nader absent. 16g. Ratification of appointment: Elizabeth Lebron - Economic Development Commission. MSC (Rindone/Fox) to appoint Elizabeth Lebron to the Economic Development Commission. Approved 4-0-1 with Nader absent. Minutes January 11, 1994 Page 14 16h. Councilmember Rindone stated it had come to his attention there was a concern with the definition on page 29, Item G, of the contract with American Golf regarding green fees and legal holidays. He felt there may have been a mis-interpretation regarding the City's legal holidays. It was his understanding that people were charged holiday fees for Christmas Eve and New Years Eve days. City Manager Goss stated there was an issue where Christmas and New Years was on a Saturday and apparently it was represented that the holiday rate was charged on Friday. It was true that a number of employees had that day off for their Christmas and New Years holiday, but it was not pertinent to the agreement from his perspective. He had advised staff that if they did collect the holiday rate on those Fridays it was in error. They were to administer the contract as written and not based on some employee policy as it was not pertinent to the contract. Councilmember Rindone requested that staff send a letter to a constituent that had contacted him regarding the matter. Councilmember Fox 16i. Councilmember Fox stated he had become deeply distressed regarding the Broadway construction project and the impact on the businesses. He was convinced that Council needed to do something in response to the problem. MS (Fox/Horton) to refer to staff the problem with the Broadway businesses and what effect the construction project had on them. Staff is to return with an option for ways the City, possibly in partnership with other organizations, i.e. Broadway Business Association and Chamber of Commerce, could promote the businesses. Mayor Pro Tem Horton questioned when Councilmember Fox wanted the report back to Council. John Lippitt, Director of Public Works, stated it would involve more than just the Public Works Department and felt they would need three to four weeks. Councilmember Fox stated four weeks would be acceptable. The Broadway Business Association was an excellent vehicle for the businesses located on Broadway and he was somewhat concerned there were not enough businesses represented south of "L" Street. Councilmember Moore stated he had been contacted by their President and informed him that were doing more than what he thought they were. They had recruited two members from the area affected. The business representatives had to be involved in the weekly meeting and staff or the project manager along with the eoustructinn superintendent also had to be at the meeting. He felt they were aware that they needed to do more, but staff needed to ensure that it worked. He also felt the RFP had to be changed. VOTE ON MOTION: approved 4-0-1 with Nader absent. ADJOURNMENT The City Council met in a closed session at 7:56 p.m. to discuss: Instnactions to negotiators pursuant to Government Code Section 54957.6 -Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 1/4/94. Pending litigation pursuant to Government Cede Section 54956.9 - Christopher vs. the City of Chula Vista. Pending litigation pursuant to Government Cede Section 54956.9 - Schaefer vs. the City of Chula Vista. Minutes January 11, 1994 Page 15 Pending litigation pursuant to Government Code Section 54956.9 - Clifton vs. the City of Chula Vista. Potential litigation pursuant to Government Code Section 54956.9 - Ch~ vs. the City of Chula Vista. ADJOURNMENT AT 9:00 P.M. to the Regular City Council Meeting on January 18, 1994 at 6:00 p.m. in the City Council Chambers. Respectfully submit~:l, BEVERLY A. AUTHELET, CMC, City Clerk '. ~ \~ \ \ by: '-- ! \~ ~'. ~ _3" ' ';~ ~ ~ Vicki C. Soderquist, Deputy Clerk