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HomeMy WebLinkAboutcc min 1991/01/08 MINLrFES OF A REGDLAR MEETING OF THE {.;I-IY OF CHULA VISTA Tuesday, January 8, 1991 Council Chambers 6:10 p.m. Public Services Building CAlL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Moore, Nader, and Rindone ABSENT: Councilman Malcolm and Mayor McCandliss ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pT.~.r'~GE OF AT .IS. GIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: November 13, November 29, and December 4, 1990 MS (Moore/Rindone) to approve the minutes of November 13, 29, and December 4, 1990 as presented. City Attorney Boogaard stated that Councilman Rindone was present at the meeting even though not a member of the Council and could therefore vote on the minutes if he felt they were an accurate accounting of the meetings. VOTE ON MOTION: 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. 4. RECOMMENDATION: That Council grant permission to Mayor Gayle McCandliss to be absent from meeting. I~So;~ MS (Nader/Moore) to excuse Mayor McCandliss from the Counc~ meetings until Tuesday, Febmaly 5, 1991. Mayor Pro Tempore Moore read a letter from Mayor McCandliss thanking Council for their support and assistance and requesting that Council excuse her absences during the month of january. VOTE ON MOTION: approved 3-0-2 with Cotwcflman Malcolm and Mayor McCandliss absent. Councilman Rindone explained that the City Charter stated that Members must attend one scheduled meeting within thirty calendar days. This is the 27th or 28th day and therefore the last opportunity to approve the Mayor's absences. 5. SPEO. AL ORDERS OF THE DAY: a. RESOLUTION 16005 EXPRF_.SSING SUPPORT OF PARTICIPATION IN THE ODAWARA ~ Ix' TEN YEAR ANNIVERSARY RELAY RACE - (Council) The athletes and sponsors were recognized by the Council. MSC (Nader/Moore) to approve Resolulion lr:~05. Approved 3-0.2 with Councilman Malcolm and Mayor McCanal~ss ~l~ent. Minu~s January S, 1991 Page 2 CONSENT CAI/NDAR (Items pulled: 8A & B, 9, 10, 11, 14, 15, and 16) City Manager Goss informed Council that Item #13 should be removed from the Agenda. MSC (Moore/Nader) to continue Item #7 to the meeting of 2/15/91 as a 4/5's vote is required. Approved 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. BALANCE OF THE CONSENT CALENDAR OIq'hRED BY MAYOR PRO TEMPORE MOORE, reading ofthe text was waived, passed and approved 3-0-2 with Councihnan Malcolm and Mayor McCandliss absent. 6. WRI l't'~j~l COMMUNICATIONS: a. Request for leff turn signal at the comers of "L" Sl~eet and Hilltop Drive - Cynthia Ranyak, 2265 Manzana Way, San Diego, California. Staff recommends request be sent to the Safety Commission. l~t&~/ b. Request for Council to consider appropriate measure to conserve water and promote water reclamation - San Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, California. Staff recommends letter be sent stating what is being done in the City towards conservation efforts. I~0o5 .c. Request for interpretation of CiryBusiness License Ordinance -Youroans, Braithwaite, & Rechif, 4045 Bonita Road, Suite 305, Bonita, California, 92002. Staff recommends that Mr. Rechff be advised that all "professionals" as listed in the business license ordinance are treated as such and re required to pay a fee of $50.00 as a professional. /~/~o~, d. Clalrng against lhe City:. Claimant No. 1, Ellen and John Manti, c/o Glenn L. Gearhart, Attomey at Law, 13141 Central Avenue, Suite H, Chino, California 91710; Claimant No. 2, Mark Garcia, c/o Michael R. Marrinan, Esq., Law Offices of Adler & Marrinan, 401 West A Street, Suite 1300, San Diego, CA 92101- 7906. Staff recommends denial of claims. 1 ~8o7 7. ORDINANCE 2433 ESTABLISHING A MORATORIUM ON ALL LAND USE APPROVALS ON THE SAN DIEGO GAS AND RI.KUi'KIC PROPERTY IN THE VICINTI'Y OF "L" STREET (second reading and adoption) - Staffrecommends that Council p]ace ordinance on second reading and adoption. (CityAttorney) Continued to the meeting of 2/15/91. 8.A. ORDINANCE 2430 REPEALING CHAFFER 2.02 OF 'tTriE (~'ULA VISTA MUNICIPAL CODE RELATING TO CONFLICT OF IgFF. MEgr (second reading and edontion) - Government Code Section 87300 et seq. requires public agencies, including the City and Redevelopment Agency, to adopt a Conflict of Interest Code. By this action, Counc~ repeals the Municipal Code provisions for a conflict of Interest Code adopted in 1984, and replaces it with one adopted by resolution which specifically meets the statutory requirement and updates the list of 'designated employees" to reflect additional positions and/or changes in duties since 1984. Staff recommends Council place ordinance on second reading and adoption. (City Attorney) Pulled from Consent Calendar. Sue Miller, 46 Alvarado Place, Chula Vista, California, representing the Chula Vista Public Library Board of Trustees, stated they had conducted a historical review and found that the Council had not regularly approved recommendations received from the Board. The Board felt there was a pre-recommendation Minutes January 8, 1991 Page 3 amendment as they never operated alone. Council should consider the effect this requirement would have on future volunteers to City boards and commissions. The Council has not followed the criteria set forth by the FPPC and the City Attorney. The'City Attorney's recommendation has not been followed and questioned why the Board was asked to research their past history ff the Council intended to make this decision from the start. The Board requested that the Council exempt the Board until July 1st at which time they would comply and go back and research the history for the past year. CityAttorney Boogaard stated his office evaluated the past rulings with the Library Board and had concluded that they would not have to file under FPPC rules. That recommendation was presented at a recent meeting at which tLme Council directed staff to come back with a resolution which would include the Library Board. It would be his recommendation that they be deleted on the basis of their past history. City Manager Goss responded that having observed recommendations that have come before Council in the past, the Parks and Recreation Commission and Safety Commission are two that come to mind that might be even greater than 50%. City Attorney Boogaard stated that the state law said that the desire of the public to know the financial interests of elected and public officers against the need of the private individuals to keep their financial matters private. This balance is always a problem, but public officials recognize that they operate in a fishbowl and will have to disclose their financial information in order to insure the public that there is not a conflict of interest when acting upon matters. It is his strong recommendation that, except for the Library Board #52, the list submitted be subjected to the Conflict of Interest Code. Councilman Rindone stated that the Library Board would be dealing with different types of issues in the future, i.e. construction, location and size of new libraries, etc. He felt that ultimately, the Library Board should be added to the list as it would serve the best interests of the City. Mayor Pro Tempore Moore stated the Council had hired consultants and made the decisions for condemnation, sites, etc. rather than the Library Board. Councilman Nader felt there was a public purpose for the disclosures. He was upset with the fact that the Council had disregarded the Library Board recommendations over 50% of the time. He wanted to know that the input received was the recommendation from that board/commission and not what they felt the Council wanted. He has not received a copy of the disclosure requirements for consultants which he had requested in the past. City Manager Goss stated he would recommended that if #52 Library Board of Trustees was removed, that the Parks and Recreation and Safety Commissions also be removed, Councilman Rindone stated he was uncomfortable ~.emoving the Library Board as Councilman Malcolm was not in attendance, He would support Ordinance 2430 and Resolution 1S998 if the Library Board was deleted at this time with the understanding that it be brought back when there are four members present. ORDINANCE 2430 PLACED ON SECOND READING AND ADOPTION, RESOLUTION 15998 OFFERED WITH THE DRIJ~rION OF #52 LIBRARY BOARD OF TRUST~K~, reading of the text was waived, passed and apprnved 3-0-2 with Councilman Malcolm and Mayor McCandliss absanL The Library Board of Trustees is to be brought beck for review when four Coun~lrnembers are presenL B. RESOLUTION 15998 AMENDING RESOLUTION NUMBER 15961 TO ADD DESIGNATED EMPLOYEES TO THE CONFLICT OF INTEREST CODE - Council directed that the Appendix to the Conflict of Interest Code be amended to add the Board of Library Trustees, the Charter Review Committee, and staff Minutes January 8, 1991 Page 4 felt the Senior Planners should be included. Staff recommends approval of the resolution. (City Attorney) Pulled from Consent Calendar. 9. ORDINANCE 2416 AMENDING SECTIONS 2.04.020 AND 2.04.090 AND REPEALING SECTION 2.04.050, 2.04.480 AND 2.04.590 OF THE CHULA VISTA MUNICIPAL CODE PRt~TING TO COUNCIL MEE~NGS. NOTK~ AND COMPENSATION (first reading) - At one of its December 1990 meetings, Council discussed the possibility of making Council Conferences full meetings for all purposes so that Council could take action. The issue was referred to staff for preparation of an appropriate change to the ordinance. Review of Chapter 2.04 of the Municipal Code revealed other technical changes with which the Council has been concerned relating to the beginning of public hearings and two sections which are historic anomalies. The proposed ordinance will make the Council Conference on the fourth Thursday of each month a regular meeting for all purposes. It will also direct staff to set matters for the beginning of the meeting at which a public hearing will be considered in notices of public hearings and to repeal the compensation sections which are no longer necessary due to the Charter provisions controlling Mayor and Council salaries. Staff recommends that Council place the ordinance on Eftst reading. (City Attorney) Pulled from Cement Calendar. Councilman Rindone felt this item afforded the Counc~ the opportunity to focus their attention on planning of major issues in a public forum, i.e. Thursday workshops. The addition of action items on the workshop agenda dilutes this opportunity. He would like to refer to staff to look at ways to provide to Council on an informal basis in public session, input on major developments. Councilman Moore stated he had raised the issues of "workshops", "conferences", and "meetings". The Council had approved in the past that ff it was a 'conference", action could not be taken. A "meeting" could be held in a workshop or conference format, but action could be taken. The idea of changing the code is to make sure that action could be taken at all meetings, workshops, and/or conferences. Councilman Rindone expressed his concern over the urgency of an item when Council regularly meets weekly. He felt that the workshops should be reserved for planning only. Council could call a "special meeting" in case of an emergency item. He felt that action should be de-emphasized and with planning highlighted. City Attorney Boogaard stated that if the meeting was an "adjourned" or "regular" meeting there would be no limit on the Council's authority. The deletion of Section 2 would given Council authority to take action at the Thursday meeting. Councilman Nader stated the ordinance established a regular Council meeting on the fourth Thursday of each month. City Attorney Boogaard stated that any time a mandatory meeting has no agenda items, the City Clerk can adjourn the meeting for lack of quorum. He would recommend that if it was the desire to change it so that the fourth Thursday is permissive, based upon the agenda it should read: "and on the second, third, and fourth Tuesday of each month at 6:00 p.m. and may hold a Council Meeting of the fourth Thursday of each month at 4:00 p.m.". Councilman Nader felt the original intent was to give Council the ability to take action and stated that the last two sentences of Section 2 could be removed, prohibiting Council from taking action, which would accomplish the same objective without Council locking themselves into another regular meeting. Minutes January S, 1991 Page 5 City Attorney Boogaard felt that if given time, he could return with appropriate language to address the Council's ConceiTis. MSC (Moore/Nader) to refer the item to staff for review and re-submittal to Council. Approved 3-0-2 with Counfllm~n Malcolm and Mayor Mcf~ndliss absent City Attorney Boogaard referred to page 2 of the proposed ordinance, which sets the time for public hearings. He felt this issue could be handled by administrative order, i.e. set public hearings for 6:00 p.m. or as soon thereafter as the agenda would permit. Mayor Pro Tempore Moore felt that advance notification should be given to the public regarding the change of times for public hearings. MS (Moor/Nader) staff be given directions to adrn~ni~tt'a~veJy change the hour of public hearings with the comrnence~nent of the meeting, to start with the first meeting of February. Approved 3-0- 2 with Councilman Malcolm and Mayor McCandliss absent. 10. RESOLUTION 15999 ' ACCEFI'[NG IRREVOCABLE OFFER TO INDEMNIFY AND HOLD CITY HARI~ .Ke, g. In October 1990, Woodcrest Development, Inc., in connection with the Terra Nova Subdivision, gave the City a quitclaim deed conveying open space and other lots which were also conveyed to the City by the subdivision map approved by the City Council at the same time. The quitclaim deed has had an erroneous reference to an earlier map, which was recorded with that mistake and without the City Clerk's certification of Council acceptance of the map. A corrected map has been prepared and recorded after affixing the Clerk's certification of acceptance following City Manager and City Attorney approval as authorized by Council Resolution 15645. As a condition to allowing recordatlon of the corrected map, the City Attorney required the developer to execute this irrevocable offer in order to protect the City from any potential liab~ity arising out of the appearance of transfer of title by the erroneous deed. Staff recommends that Council adopt the resolution to accept the irrevocable offer and provide the City with protection from potential liability. (City Attorney) Pulled from Consent Calendar. 1~81! Councilman Rindone stated he was an employee of the Sweetwater Union High School District and this was the tirst item that had come before Council since his election that dealt with schools. He had requested a legal opinion from the City Attorney regarding any possible conflict. of interest. City Attorney Boogaard responded that the FPPC regulations stipulate that his income as salary from the school district, which is another public agency, is not to be considered as a source of income in determining a conflict of interest. The FPPC Act states that a conflict of interest would be to have a source of income from a private entity and since the school district is a public entity his salary would not be considered a conflict of interest. RESOLUTION 15999 OFFERED BY COUNCILMAN RHqDONE, reading of the text was waived, passed and approved, 3-0-2 with CounrHrnnn ]~a]colm alld Mayor McCandliss absent 11. RESOLUTION 16000 WAIVING BID REQUIREMENTS AND APPROVING EXECUTION OF A FIVE YEAR LEASE AGI~RRMF, NT FOR TWO KODAK EKTAPRINT 225 COPY DUPLICATOR MACHINES - In June 1988, the City leased two IBM copiers for a maximum term of five years. Due to extremely high usage, both machines are experiencing considerable down time and are currently incapable of providing satisfactory service for the remaining two-plus years of their five year tenn. Kodak acquired the lease interest of IBM in these two machines but due to the maintenance difficulties the machines are causing Kodak, they desire Minutes January8, 1991 Page 6 ~:o replace these machines with new state-of-the-art equipment at this time. Staff recommends approval of the resolution. {City Manager) Pulled from Consent Calendar. Councilman Rindone expressed his concem regarding the analysis of the item and in particular the fiscal impact. Assistant City Manager Asmus responded that the two current machines were constantly out of order and needed to be replaced. The two new machines were currently state-of-art. The additional costs on an annual basis after the first year will be $429 per unit per month more than the current unit. With the savings experienced the first year, the actual cost of the new equipment is $294.23 per month more than the present equipment. Staff felt that the proposal by Kodak should be accepted. Councilman R/ndone stated he was not certain that Kodak's proposal was as lean as it could be and therefore could not support the request. He felt it should be referred back to staff for re-examination. MSC CMoore/RLndone) refer item back to staff for further analysis of the costs involved./Loproved 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. 12. RESOLUTION 16001 APPROVINGANAGI~R~MENTBKrWF/.,NTHECITYOFCHULAVISTAAND THE SAN DIEGO UNIFIFX) PORT DIS~i'IilCT FOR GROUNDS AND COMPORT STATION MAINTENANCE AT THE 'J' STREET MARINA BAYSIDE PARK AND ADJAC~4T LANDSCAPE MEDIANS - Resolution Number 15185 authorized the 13th amendment to an agreement with the San Diego Unffied Por~ District for grounds and comfort station maintenance at "J' Street Marina Bayside Park and the landscape medians on Tidelands during fiscal year 1990-91. Staff recommends that Counc~ approve the 14th amendment to the agreement and authorize the Mayor to execute said agreement. (Director of Parks and Recreation) 1~613 13. RESOLUTION 16002 WAIVING BID REQ$ AND APPROVING THE THIRD AMENDIv!ENT TO THE AG~RMENT BETWEEN THE LI'IY AND THE WYAI7 COMPANY FOR BENEFIT CONSULTING SERVIC~-~ - The third amendment extends the agreement for one year, until 1/11/92. Staff recommends approval of the resolution. (Director of Personnel) Removed from the Agenda by staff request 14. RESOLUTION16003 AMENDING ~LUTION 8202 BY ADDING TO THE MIDDLE MANAGEMENT GROUP THE POSITION OF DEPUTY oily CI~..RK - It is recommended that the classification of Deputy City Clerk be placed in the Mid-Management group effective January 1, 1991. (Director of Personnel) Pulled from Consent Calendar. :' Councilman Rindone stated he could not support the request as personnel items should not be evaluated by the people holding those positions. He questioned the fiscal impact, which was an increased cost in flex plan benefits of $2,760 which had to be negated against the loss of overtime hours. If it would provide a cost savings, as it would appear to, it should be shared with the Council. He felt the evaluation done by the City Clerk was very effective end if based solely on the job description and needs of the position, he could support this item. He requested that any future items before Council regarding classification not be based on the individual but on the duties assigned as they have been evaluated by staff. RESOLUTION 16003 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved 3-0-2 with Counrflman Malcolm and Mayor McCandliss absent. Minutes January 8, 1991 Page 7 15. ~LUTION 16004 GIVING CONDITIONAL APPROVAL TO FORMATION OF A SPECIAL ACT DISTRICT (SAD) FOR OPERATION OF THE CIJ~AN WATER PROGRAM - The City of San Diego has been planning modifications to the sewer treatment system for three years. As part of that process a Governmental Advisory Group (GAG) was established to develop an organization, ownership, and management structure to own and operate the Clean Water Program. Since formation in April 1990, GAG has dealt with issues of type of ownership, voting structure, policy direction, and legislation packet to form a Special Act District (SAD). At it's last meeting on 12/9/90, GAG agreed that the District should be formed by the State Legislature and that the package be sent back to each participating agency's goveming body for input at GAG's January 18th meeting. It is recommended that Council accept staffs recommendation and: (1) direct staff and consultants to continue negotiations on legislation being developed; (2) direct staff to obtain legal and financial expertise to work with staff, consultants, and to advise Council during next phase of negotiations; and (3) direct staff to send a letter to GAG, under the City Manage/'s signature, giving the City's conceptual approval for SAD (Special Act District), contingent on adding provisions to the legislation that any member agency can withdraw from the District without penalty if done so within one year from formation, or until major funding obligations are made for construction regional facilities. (Director of Public Works) Pulled from Consent Calendar. /~/~, Councilman Nader stated the issue dealt with the metro sewer system upgrade. He had made his concerns known before and would be ve/y hesitant to pass on to the citizens the costs of what turned out to be poor decisions regarding growth management and environmental protection on the part of another entity in which the City had no input. He expressed his concern over the Cit,/s ability to withdraw from the district. John Lippitt, Director of Public Works, responded that the actual construction of the facility would not be for two or three years. City 'Attorney Boogaard distributed a revised resolution in which he felt some of the concerns were addressed. Councilman Nader stated that last year former Congressman Bates had introduced a bill at the federal level that would have clarified the Clean Water Act to provide that technologies other than biological secondary treannent could be used to meet the mandates of the Clean Water Act. He suggested that Congressman Cunningham be contacted regarding the support of this legislation. Mayor Pro Tempore Moore stated he tried to achieve a win/win situation with the protection being built in regarding withdrawal. It was hoped that the legislative package could be moved forward with this proviso. It would give the cities several months to answer many of the questions while being reviewed by the legislators. City Attorney Boogaard responded that the proposed resolution also gives Council authority to impose any such further conditions as Council in consultation 'with the City Manager deem just. Roger Frauenfelder, Deputy City Manager of the City of San Diego, stated the legislative package was very broad with a lot of flexibility and left a lot of definition to be accomplished. Questions regarding excess capacity, ability of any member to drop out at a later date, etc. are probably better address by the Governing Group. In regard to the capacity issue, the new district would have the authority to contract with any member agency to provide any guarantee needed. The new district would not be unlike the County water authority. The planning that has been done so far will accommodate the growth planned in this area and those of the member agencies. If it is agreed to go forward, an independent agency would come in to evaluate the assets each member agency brings into the organization, i.e. excess capacity. They would also assess the liabilities, with each agency being compensated for those assets. In theory, the new district is a Minutes January 8, 1991 Page 8 group of directors representing the rate payers, the individual city counc~s would no longer be active players. City Manager Goss stated each agency could have an understanding with their representative on the board such as the City's representative to the Port District. He requested further information on bio treatment and construction times. Mr. Frauenfelder stated that the technology being promoted by the Sierra Club is the same technology used in Point Loma today. It does not meet the standards of the BOD. RESOLL1TION 16004 OI~I"I~qED BY COI. Ilqt':II-MAN NADF_~R, reading of the text was waive& Resolution is to be amended, paragraph B, to read: 'That the City of San Diego assumes all continuing obligations or the costs thereof contained in the Sewage Disposal Agreement of 1960 between the City of San Diego and the City of Chula Vista to build and provide the original Mel~'o I sewer capadty'. Mr. Frauenfelder responded that the Governance Board would have to make the determination as to whether the amendment was acceptable. If it meant that an agency, as a condition of joining the district, wanted to stipulate by contract that they would be guaranteed the capacity they are currently guaranteed, that would be possible. After referring to his attorney he informed Council that they were in agreement. Councilman Rindone questioned why El Cajon and Lemon Grove had chosen not to participate. Mr. Frauenfelder responded that their position was not anti-special act district, but they would rather continue to exist with their current contract until its expiration. According to the City Atlorney, he felt that in general, E1 Cajon had been treated unfairly by other joint powers authorities and that there was to much bureaucracy in the region. If more cities react like E1Cajon and Lemon Grove and choose not to participate, he felt that the district would not survive. Councilman Rindone felt it premature not to participate at this time even if he did have reservations. Mr. Frauenfelder recommended that at the next meeting of the Governance Advisory Group that several committees be formed to recommend policies in areas of financing, staffing, engineering, etc. Approved 3-0-2 wifll Coune~man Malcolm and Mayor McCandliss absent. MSC (Moore/Nader) to approve staff recommendations. Approved 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. City Manager Goss stated that the consent decree hearing was coming up on February 5th and questioned whether Council desired an update from the San Diego City Attoruey's Office. Ted Bromfield, San Diego City Attorney's Office, in charge of the litigation - USA versus the City of San Diego, stated that discovery would be on or about February 14th. The case is ready for trial with the issues being: 1) whether or not there is environmental harm being done by the marine environment at the Point Loma facility; and 2) consider all penalties that are required or asserted by the US government. The penalties, as per the contracts the cities are currenfiy under, will be assumed by the City of San Diego. The waiver issue will be affecting the Point Loma facility and Alternative Four will still be the main focus and the major expenditure of monies. Councilman Nader stated he would like an update on what would happen if the Sierra Club is successful. Minutes January S, 1991 Page 9 Mr. Bromfield stated he thought the Sierra Club felt the Point Loma facility should comply with the Clean Water Act. They have a plan to do this, but it does not include the cities advocacy of pursuing the 301H waiver. They believe the Clean Water Act can be met by alternative means. The City of San Diego does not agree with that which is a point of litigation. If the Sierra Club is successful, the dissent decree would have to be redfawn and eliminate the City's posture of pursuing the 301H waiver. MSC (Nader/Moore) direct siraft to contact the current Representative/n Congress and continue to pursue the position of the Council token in support of the Bates bill of last year. Approved 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. 16. REPORT REGARDING REQUEST FOR A TRAFFIC SIGNAL AT TRt -RGRAPH CANYON ROAD AND HIIJ.TOP DRIVE - Staff compared the subject intersection for a traffic signal with other locations throughout the City. The intersection placed 15th out of 18 candidate locations. Therefore a traffic signal is not recommended at this time. Staff recommends that Council deny the request for a traffic signal at Telegraph Canyon Road and Hilltop Drive. (Director of Public Works) Pulled from Consent Calendar. }"~17 Mitchell English, 22 E1 Capitan Drive, Chula Vista, California, spoke in opposition of the staff recommendations. He had submitted a request for a traffic signal at Telegraph Road and Hilltop last September. At that time the request was referred to the Safety Commission. He had not been notified in a timely manner and was not able to attend the meeting and had since been notified that the request had been denied. He requested that Council consider his need of a motorized wheelchair, his mobility, the route taken to and from school, and his safety. If his request could not be consider now, he requested that a police officer monitor that intersection on school days or the placement of a crossing guard. John Lippitt, Director of Public Works, responded that the intersection was monitored and was listed fifteen out of eighteen on the priority list of intersections. Mayor Pro Tempore Moore questioned whether signage was available for special crossings. Mr. Lippit~ stated there was a designated yellow school crosswalk at the intersection. He was not aware of any type of special signage. Staff could research this further and report back to Council, legal implications of an irregular sign would also have to be researched. The speed survey was taken at noon but staff could do another survey at the times students would be going to and from school. Councilman Nader stated this intersection had been a problem when he was attending school. Council has expressed the view in the past, that on a case by case basis, they would like to give due consideration to pedestrians, particularly students, in the warrant system. He questioned whether increased surveillance had been discussed between the Public Works Department and the Police Depmhnent or whether it would be a good area for a crossing unit. t Mr. Lippitt requested that the item be continued for one week with a report back to Council at that time. MSC (Moore/Nader) direct staff to review shuations to deter speed and increase awareness of special pedestrian usage at this intersection with an information report back to Council in two weeks. Approved 3-0-2 with Councilman Malcolm and Mayor McCandllss absent. /~ 17. REPORT MODIFICATIONS TO BONITA LONG CANYON PARK - Report on the five alternatives for modifying Bonita Long Canyon Park to better serve the needs of all user groups and residents adjacent to the park. Staff recommends the Council approve alternative five which eliminates the western Minutes January 8, 2991 Page 10 backstop and provides for a soccer field overlay. (Director of Parks and Recreation) Continued from the 11/20/90 meeting. MSC (Moore/Rindone) to approve the $taffrecomma~ldatioll, Approve 3-0-2 with CoUllcHman Ma]cohn arid Mayor McCandliss absent, * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 18. RESOLUTION 15990 CONSIDERATION OF FINAL SUPPLEMENTAL ENVIRONMF_aqTAL IMPACT REPORT, EIR-89-10 RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) HI PLAN - The resolution does not require a public hearing but is related to the following items. Staff recommends approval of the resolution. (Director of Planning) Continued from the 12/18/90 meeting. Mayor Pro Tempore Moore stated that the applicant had requested that the public hearing be continued to the meeting of 1/15/91. This being the time and place as advertised, the public hearing was declared open. MSC (Moore/Nader) to continue the public hearing to the meeting of 1/15/91. Approved 3-0-2 with Counciknan Malcolm and Mayor McCandliss absenL A. PUBLIC HEARING GPA-91-2: CONSIDERATION OF AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE GF_JqF. P, AL PLAN, INCLUDING REDESIGNATION OF APORTION OF EAST *J* STREET FROM A CLASS H COLI.RCTOR ROAD TO A CLASS HI - t;l'lY INITIATED - Rancho Del Rey Parmership has submitted a Sectional Planning Area Plan for Rancho Del Rey SPA III. Part of the land use and circulation planning within the SPA included re-addressing the need for a connection of East 'J" Street and Buena Vista Way as shown in the General Plan. Staff recommends approval of the resolution. (Director of Planning) Continued from the 12/18/90 meeting. RESOLUTION 15991 APPROVING AN AMENDMENT TO THE CIRCULATION RI~MENT OF THE GENERAL PLAN B. PUBLIC HEARING PCM-90-6: CONSIDERATION OF RAN(2-10 DEL REY SPA HI PLAN, PUBLIC FA(I~ITIES FINANCING PLAN AND PLANNING COMMISSION REGULATIONS - RANCHO DEL REY PARTNERSHIP - The applicant has submitted a Sectional Planning Area (SPA) Plan and related items for a 404.9 acre propen'y, located between East "H" SU~eet and Telegraph Canyon Road, immediately south of Rancho Del Rey SPA L Staff recommends approval of the resolutions. (Director of Planning) Continued from the 12/18/90 meeting. RESOLUTION 15992 APPROVINGANAMENDMENTTOTHERANCI-IODELREYSPECIFICPLAN /qSl RESOLUTION 15993 APPROVING THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) HI PLAN, PUBLIC FACILrlI/~ FINANCING PLAN AND PLANNING COMMISSION REGULATIONS RESOLUTION 15994 ADOPTING THE C~QA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EIR-89-1 O, RANClIO DEL REY SPA HI //~6 Minutes January8,1991 Page 11 RESOLUTION 15995 ADOPTING THE MITIGATION MONITORING PROGRAM FOR EIR-89-10, RANClIO DEL REY SPA IH 19. PUBLIC HEARING FOR THE PURPOSE OF HEARING ANY PROTESI~ ON THE UPDATE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE AS OUTLINED BY ORDINANCE 2431 //t8115 This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. City Attorney Boogaard stated that there were no protests received, therefore Council should not enact Ordinance 2331 as Ordinance 2251 was already on the books. MS CMoore/Rindone) to find that there are no written or verbal protests with no action taken on Ordinance 2431. Councilman Nader questioned whether the fees were held in abeyance for religious and non-profit organizations. Clifford Swanson, Assistant Director of Public Works, responded that Councilman Nader was correct. VOTE O1%1 MOTION: approv~d 3-0-2 with Councilman Malcolm end Mayor McCandlks absent. ORDINANCE 2431 AMENDING ORDINANCE 2251 RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR TRANSPORTATION FACIIJ-IIP_..S IN THE CITY'S EASTEJIN TERRITORIES (OPTIONAL) (first readinl0 On December 11, 1990, Council adopted Ordinance 2431 amending Ordinance 2251 which established the Transportation Development Impact Fee. Subsequent to that action, the City Attorney opined that a public hearing should be held to hear any protests prior to effecting any increase in the fees. If no protests are made at this rime, the City Attorney recommends that Ordinance 2431 remain in effect as adopted. However, ff any protests are made, the City Attorney recommends that the ordinance be re- introduced for its first reading. Staff recommends that Council conduct th4 public hearing and hear any protests. If no protests are made, the City Attorney recommends that Ordinance Number 2431 remain in effect as adopted on December 11, 1990, and that Council deny the above listed ordinance. Otherwise, staff recommends that the fast reading of the ordinance rake place at this meeting. However, if Council recommends changing the ordinance as a result of the public hearing, staff will return to Council with a revised ordinance and first reading. (Director of Public Works) 20. PUBLIC HEARING AMENDING ORDINANCE NUMBER 2320 BRt.&TING TO DEVELOPMENT IMPACT FRi~_~ TO PAY FOR VARIOUS PUBLIC FAt"JI J'nES ~ THE CITY OF CHULA VISTA'S GENERAL PLAN BOUNDARY / qS,~ This being the time and place as advertised, the public hearing was declared open. David Byers, Assistant Director of Public Works, stated that a letter had been received from the Construction Industry Federation finding no fault with the method utilized to establish the fee and indicated that they did not plan to attend the public hearing. Staff has also met with the development community several times. There being no public testimony, the public hearing was declared closed. Minutes January 8, 1991 Page 12 MS (Nader/Moore) to approve staff recommendation and place Ordinance 2432 on fast reading. Councilman Rindone felt there was another need in the City of Chula Vista which was a cultural arts center. He could support the Ordinance but would refer back to staff the consideration of a cultural arts center. Councilman Nader questioned what would be the earliest oppornmity to amend the fees and start collecting for the cultural arts center. City Manager Goss responded that this proposal could take longer than six months or one year as a master plan would have to be developed so costs could be developed. He suggested that Councfi go through some type of defensible process in order to establish an estimate. Councilman Nader felt that a more expeditious approach would be to utilize the Cultural Arts Commission and the Chula Vista 21 Comminee to establish a ballpark estimate, with a DIF being established on that basis. A master plan could then be fine tuned at a later date. City Attorney Boogaard stated there was no legal time requirement in which the DIF could be amended. There has to be a legal justification for nexus between the need and amount of the fee. VOTE ON ORDINANCE 2432: approved 3-02 with Counc~'lrn3n Malcolm and Mayor McCandliss absent MS (P, jndone/Nader) refer to staff for consideration of funding of a cultural arts center to be included in the DIF and that ~ item be referred to the Cultural Arts Commq~sion to work with staff, with progress report or if poss~le, recommendation back to Council in six months. Approved 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. ORDINANCE 2432 AMENDING ORDINANCE NUMBER 2320 p!~IATING TO DEVELOPMENT IMPACT FF.F_q TO PAY FOR VARIOUS PUBLIC FACII-ITI/~S I~'rlI-flN THE ~I-IY OF (H-KJLA VISTAS GENERAL PLAN BOUNDARY (first readinl~) - In August 1989, the Counc~ adopted a Public Fac~ities DIF. The study recommending the DIF also recommended that the Master Fee be referred to an accountant for free tuning. Willdan and Associates has returned the study and prepared the report. Staff recommends that Councfi place ordinance on first reading. (Budget Officer) Continued from the 12/18/90 meeting. OTHER BUSINESS 21. ORAL COMMUNICATIONS 21a. Martin Altbaum, 581 "C" Street, Chula Visa, California, representing Chula Vista Cable, informed Counc~ that the contract for the ~ming of the Council meetings i~. about to expire. Cox Cable is f~ming tonight at no charge on an emergency basis. He hoped that in the future when the f~ming commences that the storeroom be utilized for built-in equipment. City Manager Goss responded that staff is currently reviewing options ava~able to the City and that a report would be coming back to Council. 22. HEMS pUIJ.Rn FROM THE CONSENT CP, I-E-NDAR-Cltemspulled: 8A&B, 9,10,11,14,15, and 16) The minutes will reflect the published agenda order. Minutes January8, 1991 Page 13 23. CITY MANAGERS RF.I~RT(S) a. Status of defibulator. The Fire Department has contacted several agencies within the medical community regarding funding and training. Verbal confmation has been given that approximately one half of the costs will be paid by one of the facilities. He hoped to have a full report back to Council by the end of the month. b. John Rice and Jim Hanaman have been promoted to Battalion Chiefs within the Fire Depara'nent. 24. MAYORu3 REPORT(S) a. Appointment to Boards and Commissions: Charter Review Committee MSC (Moore/Rindone) to appoint Carlos Batara, Jack Blakely, C.IL Campbell, John Dorso, Susan Fuller, Ted Hillock, and Sharon Reid to the Charter Review C. omm~tree. Approved 3-0-2 with Councilman Malcolm and Mayor McC, andllss absent b. Stated appointments to Committees and Commissions for Councilmembers would be on the agenda for next week's meeting. Councilman Nader requested that the list be updated to include the days and times of the meetings in order to help facilitate their scheduling. 25. COUNCIL COMMENTS a. Councilman Rindone: 1. Placement of Mayor's Portraits - This item should have been placed under Councilman Malcolm's comments and will be brought back next week if he so desires. 2. Requested that Council consider a new format for the agenda which would include a section for Action Items. These would be items with anticipated discussion, presentation, or alternatives for discussion. MSC (Nader/Rindone) refer to staff to pole Counc~ regarding the Agenda format with a report back to Council. Approved 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. 3. Since there will not be a Redevelopment A~ncy meeting until next Thursday, staff continue to look at a lease option on the three acres next to the golf come. b. Councilman Malcolm: 1. Scheduling of Public Hearings at 6:00 p.m. c. Councilman Nader: 1. Request for letter to be sent to the representatives of Congress regarding cost of living raises for disabled veterans. Minutes january 8, 1991 Page 14 Mayor Pro Tempore Moore felt that a review should be conducted as to why this was done and where the funds would come from. Councilman Nader felt that a letter could be phrased to state that the City did not feel that the cost of living adjustments for disabled veterans was the place to reduce the deficit. MSC (Nader/Moore) direct staff to prepare a letter for the Mayor Pro Tempore's signature, to the Citys representatives in Congress indicating that the reduction in the cost of living benefits for disabled veterans is not an appropriate place to reduce the federal deficit. Approved 3-0-2 with Cotmcgman Malcolm and Mayor McCandliss absent. /~tS.~? 2. Stated be had been notified that the City was receiving numerous calls in opposition to the fee being charged for recycling. He had stated previously that an education campaign should be initiated, but did not feel that it had been adequately addressed. He would like staff, at the next meeting, to give an information report of the public education efforts on the comparative costs of recycling and not recycling that has been undertaken so far and what the game plan is. 26. BOARD AND COMMISSION RECOMMENDATIONS - None ADJOURNMENT !City Attorney Boogaard requested that Council refer Johnson vs. Chula Vista, et al. to outside counsel. MSC (Moore/Nader) to refer Larry Jotnnon ~s. City of Chula V'nta, et al. to outside counsd, Daley & Heft. Approved 3-0-2 with Councilman Malcolm and Mayor McCandliss absent. The City Council met in a dosed session at 9:07 p.m. to discuss: Pending litigation pursuant to GovexTanent Code Section 54956.9 - Jose Arreano v. City of Chula Vista, et al. ADJOURNMENT AT 9:20 P.M. to the Regular City Council Meeting on January 15, 1991 at 6:00 p.m. in the City Council Chambers. Respecx~-ully submitted, BEVERLY A. AUTHELET, CMC, City Clerk ;.