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HomeMy WebLinkAboutcc min 1994/02/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 22, 1994 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: ' Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beve~y A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: January 28, 1994 (Special Meeting/Workshop) and February 15, 1994 (City Council Meeting) MSUC (Fox/Nader) to approve the minutes of January 28, 1994 and February 15, 1994 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Team Chula Vista/USA to present a plaque to show their appreciation for the City's help with their trip to Argentina in December. Plaques were presented by team members Tyson Lenninger and Michael Evensen to Council. Assistant Coach Les Lenninger gave a slide presentation on their trip. b. Proclamation declaring the week of February 21 through February 27, 1994 as "South Bay Enviromnental Awareness Week" in the City - Mayor Pro Tem Horton presented the proclamation to Tall Ship Society Commodore Frank Roseman. CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter requesting consideration of a resolution reaffirming strong support for the continued presence of the U.S. Military in the San Diego region - Pamela Slater, Chairwoman, Third District, County Board of Supervisors, 1800 Pacific Highway, Room 335, San Diego, CA 92101-2470. It is recommended that this request be referred to staff for review and report back to Council. b. Letter requesting Council consider sending a Rule 14(b) letter concerning annexation of the George Air Force Base in the Victor Valley area of California, adjacent to the City of Victorville, to the California Supreme Court - Jim Busby, Mayor, James L. Cox, City Manager, and Henry Kraft, City Attorney, City of Victorville, 14343 Civic Dr., Victorville, CA 92392-2399. The City Attorney has reviewed this request and it is recommended that this matter be referred to the Attorney's Office for research and response at his discretion according to the existing Amicus Curiae support policy. Minutes February 22, 1994 Page 2 Mayor Nader stated after reading the letter he had concerns regarding ambiguities as to what the issues were and what the legal ramifications were. He requested that if the City Attorney decided to file court papers that it be brought back to Council for discussion prior to that action. City Attorney Boogaard concurred with the Mayor's recommendation. 6. ORDINANCE 2589 AMENDING SECTION 8.25.090 "COMPOSTING" TO ESTABLISH A MINIMUM DISTANCE OF SIX FEET THAT A COMPOSTING BIN MUST BE PLACED FROM ADJACENT RESIDENTIAL PROPERTY {first readln~,) - On 9/14/93, during the public hearing on the yard waste recycling franchise and related ordinance amendment, Council directed staff to establish a minimum distance that a cornposting bin must be located from adjacent property in order to avoid nuisance complaints. The ordinance establishes a six foot minimum distance that a cornposting bin must be placed from an exterior entrance to an adjacent residential structure. Staff recommends Council place the ordinance on first reading. (City Attorney) 7. RESOLUTION 17391 AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO COUNTY WATER AUTHORITY (CWA) FOR THE CWA PUBLIC INSTITUTIONS RETROFIT PROGRAM PHASE II AND AMENDING THE FISCAL YEAR 1993/94 BUDGET BY APPROPRIATING FUNDS - On 4/20/93, the City responded to a request from the County Water Authority (CWA) to apply for grant funding under the Public Institutions Retrofit Program funding by the CWA. In response, the CWA in coordination with its member agencies, has chosen the City as a program participant. Council approved retrofitling and installing forty-two ultra- low flow toilets in 1993 as Phase I of the City's ultra-low flow retrofit program for public facilities. Staff recommends approval of the resolution. (Administration and Director of Public Works) 4/Sth~s vote required. Councilmember Rindone stated he was pleased the City was moving forward with Phase II of the retrofit program. The annual cost savings for one year for the seventy-four retrofits would be $1,460, which meant that within one year the full cost of the retrofit would be paid back and then there would be an annual cost savings of approximately $1,500. 8. RESOLUTION 17392 APPROVING AN AGREEMENT WITH NOWELL-THOMPSON ASLA & ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE GREG ROGERS PARK - PHASE I CONSTRUCTION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - A professional landscape architectural firm is required to prepare design, construction documents, and perform other related services for the project. The Parks & Recreation Department is requesting Council's approval of an agreement with Nowell-Thompson ASLA and Associates, Inc. tbr landscape architectural (design) services for the Greg Rogers Park - Phase I - construction scheduled to begin in Fiscal Year (FY) 1994/95. There are sufficient funds in the design CIP for Greg Rogers Park (approved for FY 1992/93) to complete the necessary professional services for the improvement approved in the Greg Rogers Park Master Plan. Staff recommends approval of the resolution. (Director of Parks & Recreation) City Attorney Boogaard informed Council that an amended contract had been distributed. He requested that the contract referred to in the resolution be the amended contract. 9. RESOLUTION 17393 APPROVING THE FISCAL YEAR (FY) 1994/95 CLAIMS FOR THE FY 1994/95 2% NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS AND TRANSPORTATION SALES TAX (TRANSNET) FUNDS - Annually, the City submits an updated list of projects for inclusion in the seven-year implementation program of the non-motorized element of the Regional Transportation Improvement Program. SANDAG regulations require that a set of claims be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding. Council must pass a resolution Minutes February 22, 1994 Page 3 authorizing submittal of the FY 1994/95 Bicycle Project Claims for available TDA and TransNet Funds. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 17394 APPROVING THE FILING OF AN APPLICATION FOR CONGESTION MITIGATION AND AlR QUALITY FUND (CMAQ) UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM -The CMAQ was enacted as part of the ISTEA of 1991. The San Diego County area is scheduled to receive more than $12.7 million over a six-year (six cycles) period under the program. Projects must be used fur transportation improvements that enhance air quality. The State has determined that signal timing enhancement, traffic signal equipment upgrade, and traffic signal computer control equipment are high priorities under the CMAQ program. Staff believes that the City's existing computerized traffic signal system which was state-of-the-art when installed, but is now five years old, has limitations on its ability to respond to continuous changes in traffic flow. The current state of the art signal timing system referred to as "Split Cycle-Time and Offset Optimization Technique" (SCOOT) provides an opportunity to the City to make the signal system more responsive to changes in traffic patterus and peak hour volumes. The resolution will approve the filing of an application for CMAQ tXinding to upgrade the City's traffic signal system. Staff recommends approval of the resolution. (Director of Public Works) 11. REPORT SUPPLEMENTAL PROPOSAL FOR YOUTH ACTION PROGRAM - On 9/14/93, staff was directed to determine whether Chula Vista Middle School and/or Senior High School would be interested in the Youth ACTION Program at their school sites. Due to the close proximity of Chula Vista High School and Chula Vista Middle School to the Chula Vista Youth Center these schools were not included in the original proposal for Junior High After-School programming and High School Happenings. Staff recommends Council approve the resolution and: l) direct the Parks & Recreation Department to conduct an additional High School Happening Program at Chula Vista High School, which will be reimbursed by funds available from Community Development Block Grant (CDBG) Program Income; 2) amend the Service Provider agreement with the YMCA to provide for the addition of Chula Vista Middle School into the Junior High Outreach program; and 3) authorize the Mayor to execute said amendment. (Director of Parks & Recreation) 4/5th's w~te required. RESOLUTION 17395 APPROVING A FIRST AMENDED SERVICE PROVIDER AGREEMENT WITH THE YOUNG MENS CHRISTIAN ASSOCIATION (YMCA) OF SAN DIEGO COUNTY, AUTHORIZING MAYOR TO EXECUTE SAME, AND AMENDING THE FISCAL YEAR 1993/94BUDGET TO PROVIDE PERSONNEL AND SERVICES FOR THE SUPPLEMENTAL YOUTH ACTION PROGRAM * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING CHULA VISTA TRANSPORTATION IMPROVEMENT PROGRAM FOR THE NEXT SEVEN FISCAL YEARS - The San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program (Fiscal Years 1995 - 2001) of proposed major highway, arterial, transit, bikeway, and aviation projects. The annual development and approval of the RTIP by SANDAG is a requirement for the continued receipt of State and Federal transportation project funding. The "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the RTIP. SANDAG administers the program County-wide. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17396 ADOPTING THE SEVEN-YEAR TRANSNET LOCAL STREET AND ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 1995 THROUGH 2001 AND APPROVING THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN Minutes February 22, 1994 Page 4 DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was closed. Mayor Nader stated he was concerned with projects 4-9. He questioned if Item 4 was a continuation of the Broadway project of "E" to "L" Streets. John Lippitt, Director of Public Works. responded that it was a continuation to the south. "F" to "l" was currently under design and would probably go to construction during the current year. Mayor Nader questioned if the City had received any requests from the business community or those living in the area to have the work done. Mr. Lippitt stated he was not aware of any requests from that area. Between Oxford and Anita the pavement was in very bad shape and the primary reason the project was submitted was for reconstruction. Mayor Nader questioned if there would be any new medians or landscaping. Mr. Lippitt responded there was an existing asphalt median and it would be done as per previous Council direction with 65 %/35 % landscaping. Mayor Nader stated that given the recent experience with the Broadway Street improvements he was hesitant to approve anything more than what was absolutely necessary without having the input of that community. He did not want to see a repetition of what had recently been experienced. Mr. Lippitt stated staff was currently putting forth more eftbrt on the current section between "I" and "L' Streets. They were meeting with the business owners and the Broadway Business Association. They had recently sent notices to all property owners and business owners for a meeting on March 2, 1994. Item 4 was not scheduled until 1996 and there would be time to work on it with the property and business owners. Councilmember Rindone stated business owners from "L" Street to Naples had questioned why the islands were placed in the center of the street when Council had voted to eliminate the islands in the previous project from "F" and "I" Streets. He wanted to ensure that when the project for the center portion of Broadway came back to Council for consideration that islands in the center of the street be an option. Clifford Swanson, Deputy Public Works Director/City Engineer, stated the current design did not have medians. Previous Council direction was that there would not be medians unless it was at a major intersection with a problem with left turns. The project on "L" Street to Naples already had existing medians. Council had directed that where medians previously existed they could be replaced, but there were to be no new medians unless there were certain circumstances approved by Council after public hearings. Coancilmember Rindone stated when the original project between "I" and "F" Streets came before Council there were medians in the project which were eliminated by Council action. He wanted to ensure that when the new project came before Council for approval that the option of returning the medians be considered by the Council. It was a policy issue that should be made by the Council with input from the business community. Perhaps it could be bid with and without islands. Mayor Nader stated he would support the request. He was not sure that of all the things that could be done to improve transportation within the community that the remaining projects were top priority for the use of the funds that were generated by the extra 1/2 cent sales tax. He wanted to see the City look more at street improvements that might better facilitate alternative transportation, i.e. public transit or bicycle transportation, safer pedestrian access around parks or school sites, etc. The "E" Street project between I-5 and Broadway was to decrease Minutes February 22, 1994 Page 5 congestion on "E" Street and he stated there was northbound I-5 traffic coming from the other side of "E" Street on a left turn arrow and occasionally someone getting off I-5 northbound and going straight through to get back on the freeway. He was uncertain how the traffic could be moved safely without a traffic light. He questioned if the lane would be extended all the way down the on-ramp as a separate lane. Mr. Swanson responded that was correct. It would be much like the Bonita Road - 1-805 ramp with dual lanes. The design would begin in the 1995/96 fiscal year and staff' would have to work with Caltrans. Mr. Lippitt stated because of all the congestion and capacity needed it was not just a matter of a free turn without waiting, but having enough lanes to get the traffic through on a single cycle. It was a project that was initially thought of during the bayfront development hearings. Mayor Nader questioned why landscape medians were a high priority in the last two Main Street projects. Mr. Swanson stated the project did not begin until 1995/1999. Those would be reviewed in the same manner as Broadway, i.e. Council and community input. Mayor Nader questioned why Main Street needed to be widened. Mr. Swanson stated that portion of Main Street carried a considerably high amount of traffic, especially truck traffic. It would include a left turn or a median in the center, landscaped per staff recommendation or a potential two-way left turn lane, and two through lanes on each side plus a parking lane. It would be 102 feet of right-of- way. The standard width included a bicycle lane. Councilmember Moore questioned how much the lanes had been widened on Broadway. Mr. Swanson stated the Broadway portion that was widened did not have both parking and a two-way left turn lane in the center. Through the widening of five feet on each side they were able to add a leIl turn lane in the center and retain on-street parking. Councilmember Moore stated he had been told that when a certain level of daily trips had been reached the extra widening of the lanes cut down the accidents and liability which afflicted the City treasury. What he was hearing was that no lanes were being widened, the street was being widened in order to expedite traffic at intersections and to retain parking. Mr. Lippitt stated the Main Street project was also the rehabilitation of pavement. Mr. Swanson stated the widening was not just at the intersections, it was also tar the mid-block two-way left turn lanes. No lanes were being widened to help move traffic. Councilmember Moore felt there should be a policy as to whether Council wanted left turn lanes on Broadway and Main Street as that was being planned. He felt a double bid would be more costly. Staff should be directed to bring back the rationale for left turn lanes and the decision should be made early so design and everything could be done in advance. He believed that in order to have minimum interference on the businesses construction should be in one-quarter mile blocks on one side of the street. Council should decided whether they wanted the medians, where they would be located if any, why they should be there, and how it could be contracted out with minimum interference to the business community. Councilmember Rindone stated in referring to the islands in his earlier comments, he was referring to the middle of the block between the m~ior intersections. Council at no time, removed the islands at the major intersections. That was a policy decision that should be made by Council. He did not want it assumed that all islands would be eliminated. Minutes February 22, 1994 Page 6 Councilmember Fox questioned what ability the Council had in the future to amend projects or remove and replace projects. Mr. Lippitt responded that the process was renewed every two years and could be amended every year. Councilmember Moore stated Council had agreed that the m~ior prqjects for the 1/2 cent sales tax, over a twenty year program, were Broadway and Main Streets. Because staff knew that, they were deliberately not repairing those streets so there was a lot of deterioration. He felt Council should give staff specifics as to what they wanted done regarding left turn lanes, etc. City Manager Goss stated it was necessary to make the filing for general planning purposes. In terms of the review of the capital improvement program, where the program and other funding related to the street system was reviewed by administration, that enabled more of a tbcus regarding real priorities. When it came time for implementation, budgeting, and priorities Council could have a difti~rent list than was currently being presented. Items 6-9 had not received the detailed review as would be done by the budget office. Councilmember Moore stated the ballot item said that they would take the city's average of money spent on street repairs and that base should continue. The Transnet money was not in-lieu of or to replace that money. He questioned who was checking to see that the cities were maintaining their base and not allocating their base to some other use in the city. City Manager Goss stated the City checked on themselves, the Transnet staff also checked to make sure it was spent in accordance with regulations. He felt there was a significant amount of time during the fiscal year in which the program could be modified. The deadline was in March for submittal. Items 1-3 were pertinent as they were scheduled for the next fiscal year. Presumably next year, or earlier, staff could bring back the other items and start looking ahead to 1995/96. AMENDMENT TO MOTION: (Nader/Fox) that hillowing adoption of the resolution, within the next fiscal year, or prior to the plan coming back to Council, that it be referred to both the Resource Conservation Commission and the Safety Commission h~r their input, and also specifically, but not exclusively the item brought forward by Councilmember Rindone regarding the pntential Naples Street improvements be considered by staff prior to next year. Councilmember Fox questioned if all of the projects were being referred to the commissions. Mayor Nader responded that it would be the six projects that were not for the current fiscal year. Councilmember Moore questioned what would be gained by getting input from commissions that were not necessarily involved in street construction. Mayor Nader stated the commissions dealt with environmental protection and traffic safety, both of which were areas where the City had the opportunity to improve the quality of liti~ in the City through the street projects. Councilmember Moore stated it should be kept in mind that it often took over a year or more to do a project because much of the work was done in house. If they delayed too long, the project could get hung-up. He had a problem with the motion as the money was to be used for certain things, it was special money, and there needed to be a lot of work done on Broadway and Main Streets. If there were other jobs that needed to be done they should compete within the CIP projects and associated funding. If Broadway and Main were not completed by the end of the twenty year project it would come back to haunt a Council in the future. Mayor Nader stated he was not convinced that Items 4-9 were the most important projects to be done during that time frame and he wanted additional input before Council committed to them. VOTE ON MOTION: approved 4-1 with Moore opposed. Minutes February 22, 1994 Page 7 RESOLUTION 17396 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS 13. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS The report includes seven recommendations by the Charter Review Commission for the placement of ballot items on the 6/7/94 ballot. Two measures represent technical cleanup items and five measures represent substantive proposals for change. The report also presents the Commission's analysis of and recommendations not to place certain measures on the ballot. The City Attorney recommends receiot and continuation of this item for one week. City Attorney Boogaard stated he was authorized by the Chair of the Charter Review Commission to represent their recommendation to defer the measures proposed to amend the Charter to the November election in order to give the Council and public time to study them. It was also their recommendation to hold joint workshops later in the year to facilitate that di~ussion. MSUC (Nader/Horton) to apprnve the staff recnmmendation to defer the proposed amendments to the Charter to the November election and to hold joint workshops. ACTION ITEMS 14.A. RESOLUTION 17397 CONCEPTUALLY SUPPORTING PARTICIPATION IN THE INTERNATIONAL COUNCIL OF LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) URBAN CARBON DIOXIDE REDUCTION PROJECT AND RELATED GREENFLEETS PROJECT - On I1/5/93, the Mayor and Council received an invitation from the ICLEI to join eleven other selected cities throughout North America, Europe and Canada to participate in an international eftbrt to develop comprehensive planning tools for an Urban Carbon Dioxide "local action plan" and Energy Reduction Strategy. Participation in this effort will help the City comply with local guidelines for State Congestion Management Plan requirements, related requirements to adopt a land-use based trip reduction ordinance, and an employer-based trip reduction ordinance. (Administration) B. RESOLUTION 17398 APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE CALIFORNIA ENERGY COMMISSION FOR $100,000 FROM THE STATE STRIPPER WELL FUNDS FOR THE DEVELOPMENT OF AN URBAN CARBON DIOXIDE REDUCTION STRATEGY AND GREENFLEETS LOCAL ACTION PLAN AND APPROPRIATING $100,000 IN ACCORDANCE WITH RECOMMENDED BUDGET - 4/5th's vote required. C. RESOLUTION 17399 EXECUTING A CONTRACT WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) LOCAL TECHNICAL ASSISTANCE PROGRAM FOR A TOTAL OF $44,820 FROM THE ENERGY CONSERVATION FUND FOR THE PURPOSE OF DEVELOPING A CARBON DIOX1DE REDUCTION INVENTORY, STRATEGY AND IMPLEMENTATION PLAN, IN ACCORDANCE WITH THE STATE OF CALIFORNIA STRIPPER WELL FUNDING GUIDELINES AND WAIVING BID PROCESS FOR CONTRACT WITH SANDAG TO DEVELOP A CARBON DIOXIDE REDUCTION AND IMPLEMENTATION STRATEGY ® Tony Castro, 5106 Glen View, Bonita, CA, stated he was concerned that the project was initiated by the United Nations. He was concerned over anything initiated by the United Nations due to their less than stellar track Minutes February 22, 1994 Page 8 record on how they spent money. The public often got wrapped up in a crisis mentality and he felt Council should be aware of that. He questioned whether it would be a program with an additional tax or in-lieu of compliance fee. He was also concerned with central planning. Mayor Nader stated action by Council would hopefully enable the City to meet the requirements with less of an onerous burden on the local business community. One purpose of the project was to find ways to meet the environmental standards to clean up the air without having to resort to more drastic measures. Councilmember Rindone felt seldom were there prujects bet:bre Council where they could show leadership in trying to resolve or address international issues and have a prospect of having a significant role in that. It was an exciting opportunity to find alternative solutions. Councilmember Fox felt it was an exciting project and Chula Vista would be in the forefront due to their participation. It appeared there would be a tremendous planning tool where the City could use the GIS system to determine actual CO2 emissions. Chula Vista was one of five cities in the U.S. selected for the Greenfleet program. He questioned if San Diego and Chula Vista were counted as one city. Barbara Bamburger, Environmental Projects Manager, responded that fur the Greenfleets project they were considered one municipality. In December the Mayor/Council had received a letter inviting the City to participate in the CO2 portion of the project. That program was specifically for Chula Vista, San Diego was not invited into that project. Council action would approve participation in beth projects. Councilmember Moore felt the key was that the cities would receive funds for the sole purpose of developing a CO2 energy reduction strategy. The challenge for staff and the policy makers was to make sure they took a new program, which generated new rules and laws, and make sure justice was done on both air and people quality. Councilmember Horton questioned if the ICLEI was one organization and if the CO2 program was a separate entity. Ms. Bamburger stated the organization was funded by the U.N. and both programs (Greenfleets and CO2) were also funded by the EPA were under the umbrella of the same organization ICLEI. Greenfleets had been developed out of the CO2 project. It was a much more comprehensive focused project of the larger CO2 program with the sole purpose of concentrating on transportation energy demand and demand management. The CO2 project would look at all energy sectors including power plant generation, consumption, and production. Councilmember Horton questioned if staff was recommending that Council send one or two representatives from Council, i.e. one for each project. Ms. Bamburger responded that staff recommended two representatives because of the time commitment involved in both of the projects. Both projects would require the development of a project team. If the project team was combined into one it could be done with one Council representative. Councilmember Horton questioned if some of the meetings would be held jointly and how many staff members would be sent to the meetings. Ms. Bamburger responded the international meetings would be held jointly. Some of the workshops were specifically oriented for staff and some towards policy makers. Each workshop was different. The City should probably sent one staff person and one Council person to the international meeting in May. Councilmember Horton questioned if the City would only pay one membership fee to ICLEI. She further questioned if the ICLEI would be paying for all transportation costs for staff and Council. Ms. Bamburger responded that was correct. Most of the costs were covered by the ICLEI and if not, covered they would be covered by the grant the City had received. None of the money would be coming out of the General Fund. Minutes February 22, 1994 Page 9 Councilmember Rindone stated there would be one exception to that, i.e. the initial kick-off held in Washington D.C. If Council approved the project then it could come out of current Council travel funds or some alternative. Mayor Nader felt it would be an opportunity for the City to promote the Environmental Commerce Zone and the economic development initiatives in relation to that. It was an exciting opportunity for the City to make a real contribution toward improving the local environment. RESOLUTIONS 17397, 17398, AND 17399 OFFERED BY MAYOR NADER, reading of the text was waived. Councilmember Horton referred to the letter received from the ICLEI (page 14-98) which stated the funding would be shared by beth the City of San Diego and the City of Chula Vista. She felt the City may only be able to afford to send one representative rather than two. Ms. Bamburger responded that the letter on page 14-100 claritied the funding. For the purposes of the Greenfleets project, the funding would have to be shared between San Diego and Chula Vista. In terms of the CO2 project, Chula Vista was covered by them for all travel costs. In addition, PVEA funds were available for any additional costs above and beyond that. VOTE ON RESOLUTIONS: apprnved unanlmnusly. MS (Horton/Nader) tn send Councilmember Rindone as the representative on the Greenfleets project and Councilmember Fox as the representative on the CO2 project. Councilmember Fox stated Councilmember Rindone had taken the lead in the Greenfleet program and knew what the demands were. If Councilmember Rindone was willing to dn both he felt that would be fine. He would support him in any way he could. Councilmember Rindone felt it tied in closely with what he had been doing as the Council representative on MTDB. He was willing to serve on the two committees but requested that Councilmember Fox be delegated as alternate for either or both of the projects. Councilmember Moore stated he agreed with the recommendation as it was more economical. Agreed to by the Maker of the Motion (Horton). Mayor Nader stated he understood the thought that if only one artended there was a .savings in cost, but the only cost to the City would be the meeting in Washington D.C. He did not want to be penny wise and pound foolish. If there was an opportunity to potentially enhance some of the economic development efforts of the City it was worthwhile. If an additional member of Council had the time and the opportunity was available he suggested that Council send two representatives. Councilmember Fox stated perhaps the alternate could have the ~ame opportunity to attend. Agreed to by the Seennd of the Motiun (Nader). VOTE ON MOTION AS AMENDED: apprnved unanimously. 15. REPORT COMMUNITY FESTIVALS - On 4/27/93, Council directed staff to complet~ an evaluation of the 1993 Cultural Arts Festival/Community Pride Fair and Fourth of July Fireworks event, to determine the feasibility of combining the two events in the future. On 1/4/94, Council directed staff to develop a recommendation for the necessary staffing and resources to conduct an International Friendship Festival. The report evaluates the 1993 Cultural Arts Festival and Fourth of July Fireworks events, discusses what other cities in San Diego County are doing regarding special events of this nature, analyzes the impacts of a combined event Minutes February 22, 1994 Page 10 on City resources, and provides a recommendation. Staff recommends Council: 1) support operation of the Community Pride Fair and Fourth of July Fireworks display as two separate and unique events; and 2) support analysis of whether some of the components of the International Friendship Festival can be added to the 1994 Community Pride Fair. (Director of Parks & Recreation) City Manager Goss requested that the item be continued for two to three weeks. MS {Nader/Horton) to continue the report for three weeks. Mayor Nader stated he assumed that continuing the item tbr three weeks would not hinder planning fbr the Cultural Arts Festival for 1994 or be construed by the International Friendship Commission as precluding them from working with the Cultural Arts Commission on that festival. City Manager Goss responded that he did not f~el it would. There was a need to come back, one of the issue was whether there would be two festivals or one. Mayor Nader stated he was comfortable with the recommendations of the commissions and had no problem in continuing the item for three weeks to give staff more time. He wanted to make sure that planning events for the Cultural Arts Festival, if held the same time as it had been the last two years, would not be delayed. City Manager Goss stated staff wanted the discretion to bring the item back sooner if that was necessary. Mayor Nader stated he was concemed that he was not hearing a real clear answer to his question, City Manager Goss stated there was a m~jor issue as to whether the City would have two separate dates or having it on one single date as proposed. He did not feel the report theused on the pro's and con's of that and he wanted an opportunity to discuss it further with staff and retum to Council. Mayor Nader questioned what the standing orders would be to staff in the meantime in regards to the 1994 Cultural Arts Festival. City Manager Goss thought they would have to continue planning because some citizens groups had expectations for that occurring in May. Mayor Nader questioned if passing the motion on the floor would result in any delay or impediment. City Manager Goss responded that it would not. VOTE ON MOTION: approved unanimously. 16. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES o An oral report will be given by staff. George Krempl, Deputy City Manager, stated that on the issue of paying for the audit and hiring outside legal counsel was resolved, the Solid Waste Enterprise Fund would be paying for those charges. There would be no charge to any city for those charges. The recommendation of land use authority being delegated to the Commission had been dropped, there would be not independent land use authority for the Solid Waste Commission. The authority for landfill siting would remain with the local jurisdiction through their zoning powers. The current recommendation was that there be a weighted vote based on population and not tonnage. Both those decisions were consistent with the concerns expressed by Council on those issues. The meetings in March and April would be important as they dealt with subregional JPA's, budgeting, tipping fees, and host and mitigation fees. Staff would keep Council apprised and request their input. Minutes February 22, 1994 Page 11 ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 17. CITY MANAGER'S REPORT(S) - None 18. MAYOR'S REPORT(S) 18a. Request to State Legislature for a law requiring ,juveniles conmiitting violent crimes to be treated as adults. Mayor Nader stated that a tragic incident within the City several weeks ago helped to underscore a point that many in law enforcement and those concerned with public safety legislation, had been making in the State for some time, i.e. that it was wrong to use a weapon against another person. The State of California continued to presume that those under eighteen did not know any better and continued to extend all types of rights to juveniles under eighteen. He felt that was what was wrong with the criminal justice system in the State of California and what tied the hands of the local police and citizenry in dealing with juvenile crime. For violent offenses against other people there was really no excuse for pretending that a person under the age of eighteen did not know better than to violently assault another human being. Extending them fights that interfered with the ability of the police to protect the public and the fights of the crime victims and their families was not right. The Public Satiety Committee and the League of California Cities they had discussed the subject and the sentiment was that juveniles that committed violent crimes, particularly those armed, should be treated as adults. He called it "Do Adult Crime, Do Adult Time". MS (Nader/Horton) to send a letter un behalf of the City Council to the representatives of the legislature and the Governor requesting that legislation be enacted that would treat juveniles that committed violent offenses as adults. Councilmember Moore questioned whether it should state "disciplined to the same degree as adults" rather than treated. Some people were treated differently than others and it did not have anything to do with discipline or punishment. Mayor Nader stated maybe it should state "for criminal justice in penal purposes". That did not mean just because they committed an adult crime they were allowed to vote like an adult. It could state "subject to the same discipline or punishment" and "subject to the same procedural treatment ". He would work with staff in drafting a letter that would reflect Council's intent. VOTE ON MOTION: approved unanimously. 18b. Mayor Nader stated Council had discussed various issues related to the sewage district and he thought Council may want to consider making that a regular weekly item on the agenda. There would be a meeting following the monthly Southbay Mayors/Managers meeting on Monday at which the Mayors, Otay Water District, and the County Supervisor would be invited to join in a discussion with staff based on the work done by the sewage consultant of potential alternatives to continued membership in the San Diego Area Waste Water Management District. There were two major reasons to look at alternatives: 1) the potential of tremendous costs to the citizens of the City to continue with the program as currently outlined by the City of San Diego; and 2) regardless of what agreements were reached, as long as the City of San Diego retained the weighted voting provisions the potential would always be there for essentially one entity to unilaterally change the roles of the game at any time. The City was faced with a deadline at the end of June to decide on behalf of the citizens whether the City would be members of that program or if the City was going to look at some alternative. The purpose of the meeting was to apprise other Southbay leaders of the information developed so they could discuss whether a Southbay regional approach was a viable alternative to the San Diego Area Waste Water Management District if costs and representation Minutes February 22, 1994 Page 12 concerns were not answered. He would be asking each Mayor to take the information back to their respective councils for discussion. Them would be a follow-up item coming to Council for review. Councilmember Moore requested a memo to Council regarding the meeting. 19. COUNCIl. COMMENTS - None ADJOURNMENT Council met in closed session at 7:43 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - Chaparral Greens vs. the City of Chula Vista, Baldwin. Potential litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. the County of San Diego (Solid Waste Litigation). ADJOURNMENT AT 8:55 P.M. to the Regular City Council Meeting on March 1, 1994 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy Ci~,Cl~rk