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HomeMy WebLinkAboutcc min 1991/11/26 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, November 26, 1991 Council Chambers 6:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Grasser Horron, Moore, Rindone, and Mayor Nader ABSENT: Councilman Malcolm ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF AIJ.RGIANCE TO THE FLAG, SILENT pRAYER 3. APPROVAL OF MINUTES: November 12 and 19, 1991 MSC (Rindone/Moore) to approve the minutes of November 12 and 19, 1991 as presented. Approved 44)-1 with Councilman Malcolm absent and Mayor Nader abstaining on the minutes of November 12, 1991. 4. SPECIAL ORDERS OF THE DAY: None CONSENT C31 .RNDAR (Item pulled: 10) BAIdLNCE OF THE CONSENT CALENDAR O~ BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent, Councilman Rindone voting No on Item 11 and Councilwoman Grasser Hotton abstaining on Item 9. 5. WRI'LTIiN COMMUNICATIONS: a. Letter of resignation from the Child Care Commission - Katy Wright. Staff recommends Ms. Wright's resignation be accepted with regret and a letter of appreciation be sent. 15766 b. Letter requesting consideration of a catering/conference center on Bonita Road - C. E. Campion, President and Managing Partner, Prestige Hospitality Services, Inc., 1040 Isabella, Coronado, CA. Staff recommends that this letter be considered in conjunction with the item on tonight's agenda regarding the exclusive negotiation agreement with Joelen Enterprises for the Development of City-owned property in the 4400 block of Bonita Road. 15767 It was the consensus of the Council to continue 5b to the meeting of December 10, 1991 in order to be heard jointly with Item 15, request from Joelen Enterprises. Minutes November 26, 1991 Page 2 c. Letter requesting waiver of fees for the use of Gregg Rogers Pool for the Arthritis Aquatic Program - Dolores D. Gieseke, President, Arthritis Foundation, 7675 Dagget Street, Suite 330, San Diego, CA 92111. Staff recommends that this letter be received and filed. 15768 d. Letter requesting help, directly and indirectly, with warrant enforcement - Larry Stirling, Judge, The Municipal Court, San Diego Judicial District, County Courthouse, 220 W. Broadway, San Diego, CA 92101. Staff recommends that staff be directed to contact the Court in an effort to obtain more information prior to making a commitment. 15769 6. ORDINANCE 2485 AMENDING SECTION 19.58.110 OF THE CHULAV[STA MUNICIPAL CODE TO DELETE CERTAIN PROCEDURAL REQUIREMENTS FOR CHURCHES THAT PROVIDE TEMPORARY SHELTF~ FOR THE HOMRI.RSS (second reading and adol~tion) - The Interfaith Shelter Network has requested that the City consider streamlining certain local procedural requirements which now apply to churches that wish to participate in the program. The proposed amendment would allow churches to provide shelter for the homeless for two weeks per year without the necessity to secure a zoning permit or to notice surrounding residents each year prior to providing the shelter services. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 15770 7. RESOLUTION 16420 APPROVING A NINETY DAY EXTENSION OF THE THIRD YEAR CAREER CRIMINAL APPREHENSION PROGRAM GRANT PERIOD - On 8/21/90, Council approved a resolution which resulted in the acquisition of the third year of funding for the Career Criminal Apprehension Program Grant from the Office of Criminal Justice Planning. Staff has been advised by the OCJP that a Council resolution is required to extend the grant period beyond the eighteen month third year period for completion of the grant objectives. Staff recommends approval of the resolution. (Acting Chief of Police) 15771 8. RESOLUTION 16421 INTENTION TO VACATE A PORTION OF BEYER WAY ADJACENT TO AND WEST OF 225 BEYER WAY - Samuel O'Dell, owner of the property at 225 Beyer Way, has requested a right- of-way vacation by the City in order to have direct access to his property from Beyer Way and to make use of the now-vacant land. In accordance with Section 8320 of the California Streets and Highways Code, the Council may initiate a proceeding by adopting a resolution of intention to vacate the subject right-of-way. Staff recommends approval of the resolution and set 12/17/91 as the date for the associated public hearing. (Director of Public Works) 15772 9. RESOLUTION 16422 /MoPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR CHULA VISTA TRACT 90-15, EVERGREEN GARDENS - On 10/10/90, by PCS-90-15, the City Planning Commission approved the Tentative Subdivision Map for Chula Vista Tract 90-15, Evergreen Gardens. The Final Map for said Tentative Map is now before Council for approval. Staff recommends approval of the resolution. (Director of Public Works) 15773 15774 Cotmdlwoman Grasser Horton abstained from voting due to a potential conflict of interest. 10. RESOLUTION16423 APPROVING AN AGREEMENT 1ArlTH ERNST AND YOUNG FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) CONSULTING SERVICES TO DESIGN AND IMPLEMENT THE CITY-WIDE GIS CAPITAL IMPROVEMENT PROJECT (CIP) - The Geographic Information System (GIS) is a multi-year CIP project which is currently budgeted beginning with this fiscal year (FY 91/92). As part of Minutes November 26, 1991 Page 3 the first phase of this project, professional GIS consulting sepiices are necessary to assist in 1) defining the needs and requirements for the City-wide system, 2) developing specifications for the GIS system, and 3) developing specifications for the land base information and the digital base maps of the City. Future phases of this project include 1) acquisition of the initial GIS hardware and software, and 2) development and data collection of the new land base for the City. Staff recommends approval of the resolution and authorize the Director of Public Works to execute agreement modifications for future related additional services for amounts in aggregate not to exceed $7,000. (Director of Public Works) Pulled from the Consent Calendar. 15775 Mayor Nader stated he had several concerns with the program. He was hesitant to support such a significant expenditure due to the state of the economy and questioned whether this was the right time to get the project underway. He thought much of what was being outlined had already been done and questioned how much would be expended for preliminaries and how much would be for actual implementation. Fred Wong, GIS Manager, responded that the $65,000 would be expended for all tasks, i.e. specifications, needs analysis, and identify and help staff select the appropriate system for the City. The consultants would support staff through the entire process. Councilman Moore questioned whether the City had been collecting data for this program in the past. 3ohn Lippitt, Director of Public Works, responded that all sub-division maps were required to be submitted in an adaptable form. Mr. Wong informed Council that this was made a formal policy this year but the information had been submitted on a volunteer basis in the past. Robert Leiter, Director of Planning, informed Council that the Otay Ranch Project EIR was being placed on a GIS system which could be transferred. City Manager Goss stated the program would be funded from a variety of different funds with no real impact upon the general fund. Staff felt the program would create more efficiency for the City and would be beneficial not only to the City but also the development community. Mayor Nader stated his second concern was the expenditure for sevzices such as evaluating the City's needs, selecting vendors, etc. He felt that rather than hiring a consultant, the various vendors would be eager to sell their services and present their proposals to staff. Staff, in conjunction with the City Attorney, would draw up contracts that would guarantee the adequate performance of those services and safeguard against false representations or anything of that sort. He was against spending such a large sum of money for those types of services. Mr. Lippitt responded that staff was concerned regarding potential conflicts of interest and lack of objectivism and, therefore, recommended the utilization of a consultant versus a vendor. Mayor Nader stated he did not suggest the vendor make a decision for the City but suggested that staff take presentations from competing vendors, evaluate them objectively with the staff that would ultimately be working with the program, and then work with the City Attorney to draw up a contract that would assure that whoever was selected performed up to expectations. He would expect adequate training also be included in the contract. MSC (Nader/Rindone) to file the report. Approved 3-1-1 with Councilman Moore voting No and Councilman Malcolm absent. Minutes November 26, 1991 Page 4 City Manager Goss stated that staff needed guidance regarding the next step since part of the GIS Manager's job was to put together a system. There could now be a problem in taking the next step and questioned whether it would be worthwhile to revisit the GIS system and go through the materials reviewed with previous Councils. Mayor Nader suggested that staff and the GIS Manager proceed to accept or invite vendors to make presentations to staff, work with other staff members to develop recommendations which would be appropriate to the City's needs, and work with the City Attorney to develop a contract that protects the City against any false representations. In the mean time, while that was going on, he felt it would be appropriate to have an informational item or conference item where staff could present what the project was about and what the anticipated benefits were. Councilman Moore stated that action had been taken in the past by Council to approve the program and hire the GIS Manager and expressed his concern that the action taken tonight would put the program in neutral. Mayor Nader stated it was his understanding that staff would treat this as a type of referral. Staff understood where Council did not want to go, would confer among themselves as to how the program should proceed, and come back to Council with a recommendation. He did not feel the action taken would preclude the program from moving forward and that the Systems Manager was competent to pursue some of those items, look at the proposals, and make recommendations. City Manager Goss stated it was a very complex system and felt it important in terms of being a cost effective project, to have the technical assistance to provide very tight specifications. He was not able to address the issue of how much could be done by staff, but assured Council it would be considered as a referral. Councilman Rindone summarized the issue by stating the item would be referred to staff for review. Staff may also want to consider this item for a workshop for the Council as a whole regarding the merits and then receive direction from the Council after the workshop. Mayor Nader stated if staff had another course of action that was consistent with what was done tonight, he did not feel staff would have to wait for the workshop to bring it back for consideration. 11. RESOLL1TION 16424 APPROVING CONSULTING CONTRACTS FOR SERVICES TO THE CITY TO REVIEW AND ADVISE ON SEWER ISSUES BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA- The CIP provided funds for the City to retain expertise in the areas of engineering, legal, and finance to guide and advise the City regarding current MetTo I cost issues. This resolution will authorize the City Manager to execute three contracts. Staff recommends approval of the resolution. (Director of Public Works) 15776 Councilman Rindone voted no due to a potential conflict of interest. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-92-06; REQLIEST TO ESTABLISH A TWELVE-BED RESIDENTIAL TREATMENT FACILITY FOR RECOVERING ALCOHOHCS AT THREE NORTH SECOND AVENUE - MAAC PROJECT - The proposal is to establish a twelve-bed residential treatment facility Minutes November 26, 2991 Page 5 for recovering male Latino alcoholics. The program, referred to as Nosotros, would occupy the southerly portion of the former Vista Hill/Southwood psychia~ic facility site at Three North Second Avenue in the R-3 zone. Staff recommends approval of the resolution. (Director of Planning) 15777 15778 Robert Loiter, Director of Planning, gave a brief review of the proposal. The Planning Commission had recommended a condition which would not allow the permit to become effective, or any improvements or operations associated herewith be commenced, until the unauthorized use of the northerly portion of the facility was ceased and the residents had been vacated from those premises. Reestablishment of any unauthorized use of the northerly building and facilities would render the permit null and void. Staff was now recommending that the MAAC Project be allowed to proceed independently of the issues regarding the northe~y portion of the property due to possible negative impacts upon their funding. Staff had also been informed by Mr. Reichbart that he intended to follow through with the CUP process for the northerly section of the property. Mayor Nader questioned whether the Planning Commission was aware of the possible conflict with funding if the Planning Commission condition was passed. Mr. Loiter responded that neither staff nor the Planning Commission was aware of the possible jeopardy to the project at that time. This being the time and place as advertised, the public hearing was declared open. Those speaking in favor of the project: Joan Friedenberg 3851 Rosecrans, San Diego, CA County of San Diego Dept. of Health Services Linda Baptiste 1121 S. 38th Street, San Diego, CA Casa de Melagros April Craven 1127 S. 38th Street, San Diego, CA Maritza Garcia 45 Third Avenue, Chula Vista, CA Jose Quintero 8462 Hydra Lane, San Diego, CA Dept. of Rehabilitation, State of CA Sandra Figueroa 3010 32nd Street, San Diego, CA Leonel A. Garcia 4201 Bonita Road, Chula Vista, CA Assoc. of General Contractors of America Jeff Cotta, 935 Broadway, San Diego, CA, representing the owners of the property, stated they were in full support of the MAAC Project. They were currently following through with the CUP process for the independent 1Mng project and hoped it would not hold up the MAAC Project. Their architect was currently working on grading and site plans and it was anticipated that they would file for a CUP when the plans were received from the architect. Warren Garcia-Stewart, 45 Third Avenue, Chula Vista, CA, Program Manager for Nosotros, informed Council that applicants were received through various agencies, including the courts. All applicants attend voluntarily and are accepted only after screening by staff. He stated he would be on-site Monday through Friday, there will also be a resident manager and night manager. Councilman Moore requested that Mr. Garcia-Stewart give staff the names and telephone numbers for emergency purposes. Councilman Rindone wanted to verify that Nostros would need only six parking spaces, rather than the thirty requested in the proposal. Mr. Garcia-Stewart checked with Maritza Garcia who indicated that would be sufficient Minutes November 26, 1991 Page 6 Steve Griffin, Senior Planner, informed Council that staff recommended six to eight parking spaces only. Mayor Nader asked Ms. Garcia if they would accept a condition which would require periodic review by the City with notice to the neighborhood at that time. Ms. Garcia responded they would be open to exploring such a possibility. It was their hope that the project would enhance the community. Peter Watry, 81 Second Avenue, Chula Vista, CA, representing the Planning Commission, recommended that Council support the Planning Commission condition. The illegal usage on the northern portion of the property had been going on for months with no action being taken by the City to abate. The residents in the area were afraid and the Planning Commission felt the condition was leverage to move out the illegal use. It was never explained to the Planning Commission why action had not been taken to abate the illegal usage. The Planning Commission did not have any concerns regarding the MAAC Project. Mayor Nader clarified that the City did not allow the usage, it had been conducted illegally. This was the first it had come to the attention of the Council. Kenneth Larsen, Director of Building and Housing, informed Council that staff had been interacting with the residents on the site and were sensitive to the issue of the homeless. A Notice and Order to Vacate Premises was issued 11/18/91 which allowed 30 days to vacate the premises. Staff was prepared to work with Mr. l~eichbart regarding the CUP, but if no action was taken, staff would take this to the City Attorney after the thirty days for prosecution. Mike Bell, 111 North Second Avenue, Chula Vista, CA, operator of the KOA Kampground, expressed the same concerns as Mr. Watry. He also expressed concern over the split use of the facility and felt that Mr. P~eichbart should have to abate the illegal use first and then file for the required permits. They did not have any concern with having the MAAC Project as neighbors. Mayor Nader stated that Council may want to review the enforcement process in the future. There being no further public testimony, the public hearing was declared closed. Mr. Leiter informed Council that the CUP for Mr. Reichhart would have to be heard before the Planning Commission and the Council for approval. Councilman Moore expressed his concern in the amount of time taken to notify the property owner of the illegal use. Mayor Nader stated he had been prepared to adopt the Planning Commission recommendation until he was informed about the possible jeopardy to the funding for the project. He did not feel MAAC should be penalized for the illegal usage on the property and that staff should continue the activities initiated on the site. A periodic review should be conducted with notice to surrounding residents. MS (NaderAVIoore) to approve staff recommendations and require an annual review by staff and management with notice to the surrounding residents. If problems are found, they are to be brought to Council for review. Ms. Garcia questioned how long the annual review would be conducted. Minutes November 26, 1991 Page 7 Mayor Nader responded that the intent of his motion would be to continue the review for several years and discontinue only when staff recommended that it be deleted. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent. RESOLUTION 16425 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. RESOLUTION 16425 APPROVING CONDITIONAL USE PERMIT PCC-92-06; ESTABLISHING A TWELVE-BED RESIDENTIAL TREATMENT FACILITY FOR RECOVERING ALCOHOLICS AT THREE NORTH SECOND AVENUE - MAAC PROJECT * * * Council recessed at 7:11 p.m. and reconvened at 7:18 p.m. * * * 13. PUBLIC F1FARING TO CONSIDER VACATION OF NORTH FIFTH AVENUE - At their meeting held on 11/5/91, Council adopted Resolution 16398 stating the Council's intent to vacate a portion of North Fifth Avenue. In accordance with Section 8320 of the Streets and Highway Code, the resolution also set 11/26/91 at 6:00 p.m. as the date and time for the public hearing for the Council to consider this matter. Staff recommends approval of the resolution. (Director of Public Works) 15779 John Lippitt, Director of Public Works, stated that the owner of the property had requested the vacation of a portion of North Fifth Avenue as they were in the process of developing their property and proposed to realign the street. The City would reserve utility/water easement and would recommend approval of the vacation upon conditions recommended by staff. The total land to be vacated was 47,500 square feet and the land being dedicated was 34,000 square feet. It was felt that the land being gained by the City was more valuable than the land being vacated. This being the time and place as advertised, the public hearing was declared open. Those speaking in favor of the staff recommendation: Keith Keeter, 701 B Street, Suite 800, San Diego, CA, Project Design Consultants, representing Hazard Contracting deraid A. Alford, 2445 Fifth Avenue, Suite 400, San Diego, CA, representing National Avenue Associates/Metropolitan Shopping Square, Ltd. There being no further public testimony, the public hearing was declared closed. RESOLUTION 16426 OFFERF~ BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. RESOLUTION 16426 ORDERING THE VACATION OF A PORTION OF NORTH FIFTH AVENUE ORAL COMMUNICATIONS a. Marry Stanton, 4710 Art Street, #4, San Diego, CA 92115, requested that the "J" Street parking lot be opened on a twenty-four hour basis. 15780 Minutes November 26, 1991 Page 8 b. Greg Lawrence, 5505 Montezuma, #264, San Diego, CA 92115, requested the "J" Street parking lot be opened on a twenty-four hour basis. c. Thomas Brostrom, 6051 Linda Paseo, San Diego, CA 92115, requested that the "J" Street parking lot be opened on a twenty-four hour basis. City Manager Goss stated this issue had come before Council several years ago. Staff would provide Council with written materials regarding action taken at that time. Councilman Rindone stated this issue had been before him while on the Parks and Recreation Commission and that there was a great deal of information which supported the recommendations to the Council by the Parks and Recreation Commission at that time. d. William E. Claycomb, 457 Delaware Street, Imperial Beach, CA 91932, representing Save Our Bay, Inc., referred to an editorial letter he had submitted to the San Diego Union in opposition to the Chula Vista Nautical Activity Center. ACTION ITEMS 14. RESOLUTION 16427 APPROVING A HOME COMPOSTING PILOT PROJECT AND APPROPRIATING FUNDS THEREFORE - Staff proposes a multi-faceted home compostlug pilot project as a simple and cost- effective way for residents to reduce solid waste. Funds requested would be utilized to subsidize the purchase of one hundred composting bins, a home compostlug guidebook, and additional promotional materials. Staff recommends approval of the resolution. (City Manager) 4/Sth's vote required. 1S781 1S782 Athena Bradley, Conservation Coordinator, stated that the City Attorney had recommended a policy decision to allow City employees, that are Chula Vista residents, to purchase any remaining bins at a discounted rate following a two month period of time after the initial distribution of flyers to the residents. She then displayed the recycling bins addressed in her report. Councilman Rindone stated he was surprised at the insinuation that it would be difficult to obtain 100 residents to participate in the Home Cornposting Project. He thought the program would be oversubscribed. Ms. Bradley responded that this was a new concept and staff would be surprised if there were over 100 requests. If there were more requests, staff would come back to Council requesting expansion of the program. Staff would be available for speaking engagements and training and would interface with Southwest College. City Manager Goss informed Council that he was not aware of the new recommendation by the City Attorney and would recommend that this item be continued or have Council act upon the original staff recommendation. This would be with the understanding that any handling of bins that might relate to use by City employees would be handled administratively with the public having first priority. City Attorney Boogaard responded that he had been consulted as to whether it would constitute a conflict of interest for a City employee to participate in the program where the City would actually be providing a subsidy to the program of approximately $23 per bin. In lieu of suggesting that there was a financial conflict, as long as the public has first contact with the subsidization and didn't utilize the remaining slots, they could be made available to employees. Minutes November 26, 1991 Page 9 RESOLL1TION 16427 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. Mayor Nader felt this was another step toward a comprehensive recycling program and congratulated staff for an outstanding job. This should be looked at as an asset versus a subsidy due to the long term savings to the citizens. 15. RESOLUTION 16428 DIRECTING STAFF TO CONFER WITH JOKI.F.N ENTERPRISES FOR THE PURPOSE OF PREPARING A PROJECT DEFINITION UNDER CEQA AND FOR APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH JOELF. N ENTERPRISES FOR THE DEVELOPMENT OF A DISPOSITION AND DEVELOPMENT AGRRRMENT WHICH MIGHT IMPLEMENT SAID PROJECT AND TO RETURN SAME TO THE CITY COUNCIL FOR THEIR REVIEW AND CONSIDERATION - At their 4/23/91 meeting, Council directed staff to bring forward an Exclusive Negotiation Agreement (ENA) with Joelen Enterprises for development of a resort golf hotel on the site. Council further directed that Joelen Enterprises conduct a preliminary market feasibility study to determine the viability of the project. Both the ENA and the market study were to be returned within 120 days. On 9/3/91, Council approved a 60 day extension for Joelen Enterprises. Staff recommends approval of the resolution. (Director of Community Development) Applicant has requested that the item be continued to the Council meeting of December 10, 1991. 1S783 MSC (Nader/Rindone) to continue Resolution 16428 to the Council meeting of December 10, 1991 as requested by the applicant. Approved 4-O-1 with Councilman Malcolm absent. 1S783 BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS PUqJ.RD FROM THE CONSENT CALENDAR Item pulled: 10. The minutes will reflect the published agenda order. OTHER BUSINESS 16. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. There will be no Council meeting December 3, 1991 as per the Municipal Code. b. The Council tour has been tentatively scheduled for December 7th and inquired whether Council had items for the agenda. MSC CMoore/Rindone) to cancel the tour of 12/7/91 and schedule a tour on February 2, 1992. Approved 4-0-1 with Counc~man Malcolm absent. Minutes November 26, 1991 Page 10 17. MAYOR'S REPORT(S) a. Ratification of appointments to Boards/Commissions/Committees. MSC (NaderAMoore) to ratify the appointment of Melody Soriano Cernitz to the Cultural Arts Commission. Approved 4-0-1 with Councilman Malcolm absent. 15784 Mayor Nader stated there had been a discrepancy regarding the number of positions available on the Mobilehome Rent Review Commission. Initially the ordinance had recommended seven members but Council had amended the ordinance and changed the membership ro five. MS (Nader/Grasser Horton) to ratify the appoinmnents of Andrew Delgado, Carl Grieve, Steve Thomas, Jeri Vanderpool, and Peter J. Wah'-y, Jr. to the Mobilehome Rent Review Commission. 15785 Councilman Rindone stated he had not received information on three of the appointments and therefore he would like to trail the appointments to the meeting of 12/10 or appoint only those with applications on file. He felt the Commission was extremely important and he would not vote for appointments without the opportunity to review the applications. Mayor Nader agreed that the Commission this was an extremely important and noted that there was already a case pending. Each Councilmember had been asked to designate an appointee and it was customary for the Councilmembers to defer to their colleagues recommendations. In this instance he was inclined to vote out of deference to that situation. He understood Councilman Rindone's concerns but stated that if an appointee was ineligible for any reason the appointment would automatically be revoked. Councilman Moore stated he understood his colleagues concerns and apologized for being derelict in having his appointee file an application. He expressed concern for the time element involved in continuing this item due to the delay in getting the Commission started. VOTE ON MOTION: approved 3-1-1 with Councilman Rindone voting no and Councilman Malcolm absent. b. Intervention in PUC proceedings on SDG&E Rate Increase Application. SDG&E has requested a rate increase of 8% which he felt was a burden to the rate payers, business/industry, and could affect job retention in the area. He recommended that Council authorize staff to request that the PUC designate Chula Vista as an intervenor in the rate increase request. This would not allocate an enormous amount of staff time, but he did feel the Mayor would be making a presentation during the proceedings regarding the ramifications on the City's economy. MS (NaderfRjndone) to authorize staff to request intervenor status for the City of Chula Vista for the SDG&E Rate Increase Application. 15786 Councilman Rindone expressed concern on taking action on an item when there was no backup information made available to Council for review. Mayor Nader stated that he would envision staff time for the following: 1) letter requesting intervenor status; 2) follow-up letters during the proceedings; and 3) the Mayor attending hearings with authorization to state that he represents the Cit3?s position. Councilman Rindone stated he could support the involvement as outlined by the Mayor but wanted it understood that if additional involvement was needed that it would come back to Council for approval. Minutes November 26, 1991 Page 11 Mayor Nader agreed that if any staff time was needed for legal research it would come back to Council for approval and he would include that in his motion. AMENDMENT TO MOTION: (Nader/Rindone) if staff time is needed for legal research it will come back m Council for approval. VOTE ON MOTION AS AMENDED: approved 3~0-2 with Councilmembers Grasser Hotton and Malcolm absent. c. America's Cup - Informed Council that there was a final adjudication by the America's Cup Organizing Committee that the Red Star Challenge was the official Russian challenge in the America's Cup. Chula Vista has been looked at as a base site for that challenge and he felt selection of the City would be of tremendous benefit to the City and could result in several long term programs. He encouraged anyone that might have a corporate or business sponsorship or other resources to offer to contact the Mayor/Council office. A final vote will be taken on December 21st and a site would have to be available prior to that time. 18. COUNCIL COMMENTS Councilman Moore: a. County-wide Graffiti Ordinance - Informed Council that ir is anticipated that the county-wide graffiti ordinance will be brought to the League of Cities Division for review on 12/9/91. When appropriate, staff will bring the ordinance to Council for review. The Committee would like to see the stowage and display sections adopted county-wide. b. Reminded the public that the Yule Parade would be held on Sunday, 12/1/91 at 5:00 p.m. He requested that those attending the parade bring an unwrapped toy for the Chula Vista Care program. Those not attending the parade could bring their toys and canned goods to any of the Chula Vista Fire Department Stations. c. Legislative Committee Recommendation - Support for San Marcos Landfill Vertical Expansion. City Manager Goss stated the north county cities may not proceed with the formal dispute resolution process but may try to do it on an informal basis regarding the diversion of trash from San Marcos to the landfills in Chula Vista and outside of Santee. The CAO of the County had addressed a letter to the City Managers indicating their efforts procedurally to get the permit process completed so that the vertical expansion of the San Marcos landfill could occur prior to it having to be closed. Because of that, there will be a need to urge the Regional Water Quality Control Board to have a meeting in early January to consider the issuing of their permit, as well as action by the Board of Supervisors on the 17th to complete the focused EIR dealing with the water quality issue regarding the expansion of the San Marcos landfill. They were requesting support at this time and would like members of the Council at the meeting of the 9th. He would like to send a letter and a member of the staff to that meeting along with any Councilmember available. Councilman Moore felt that the City should do all they could in order to prevent the closure of the San Marcos landfill. He urged the City Manager to entice the rest of the Southbay communities to have representation at the meeting and send a letter to the Regional Water Quality Control Board. City Manager Goss stated that if Council was unable to attend the meeting he would like to authorize staff to speak on behalf of the Mayor and City Council. Minutes November 26, 1991 Page 12 Mayor Nader felt that Council should direct such authority to staff along with letters over the City Manager's and Mayor's signatures. MSC (Nader/Rjndone) to direct staff to prepare a letter to the Regional Water Quality Control Board, the letter is to include: 1) strong language regarding the urgency of the situation; and 2) specific information regarding the environmental and economic detriments to the City and County ff delayed. Approved 4-0-1 with Councilman Malcolm absent. 15787 Councilman Rindone: a. Requested that when the three appointees to the Mobilehome Rent Review Commission file their applications that they be forwarded to the Council for review. b. Expressed his appreciation to Mayor Pro Tempore Moore for exemplary service and leadership over the past year. c. Referred to the special meaning of Thanksgiving and the blessings in our lives. ADJOURNMENT City Attorney Boogaard informed Council that the Jones litigation was successfully dismissed today. The City Council met in a closed session ar 8:43 p.m. to discuss: Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6. Potential litigation pursuant to Government Code Section 54956.9 - SR 125 proposal. Potential litigation pursuant to Government Code Section 54956.9 - Otay Municipal Water District. ADJOURNMENT AT 10:10 P.M. to the Regular City Council Meeting on December 10, 1991 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency convened at 8:35 p.m. and adjourned at 8:43 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Depu~ Ci~ C~ ,