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HomeMy WebLinkAboutcc min 1992/07/28 MINUTES OF A REGULAR MF~TING OF THE CITY OF CI-1ULA VISTA CITY COUNCIL Tuesday, July 28, 1992 Council Chambers 6:09 p.m. Public Services Building CAlL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Horton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Aurhelet, City Clerk 2. PI.Er~GE OF ~IJ.~G]ANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINLrrES: June 30, 1992 (Joint Council/RDA) and July 6, 1992 MSUC (Rindone/Moore) to approve the minutes of June 30 and July 6, 1992 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Prodalmlng Tuesday, August 4, 1992, as 'National Night Out Day'. The proclamation was presented by Mayor Pro Temp Malcolm to Mary Jane Diosado, Senior Crime Prevention Specialist, who accepted on behalf of the Police Department's Crime Prevention Program. CONSENT (Items pulled: 6 and 7) BALANCE OF THE CONSENT CAI.I~-NDAR OFFERED BY COUNCILMAN MOORE, read/rig of the text was waived, passed and approved unanimously. 5. WPdrtPZq COMMUNICATIONS: a. Letter requesting support of provision in AB2409 to add Section 1463.007 to the Penal Code regarding implementation of a comprehensive program to identify and collect delinquent fines and forfeitrues. George F. Bailey, Supervisor, Second District, Chairman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA 92101. It is recommended that once an evaluation is completed, the Legislative Committee make a recommendation to the Council. b. Letter requesting support of modifications to the existing pursuit policies of the Border Pa~oL Parricia H. Birdsall, Mayor, City of Temecula, 43174 Business Park Drive, Temecula, CA 92590. It is recommended that staff respond to the City of Temecula and inform them of the City's ongoing efforts regarding this matter. c. Clalmn Against the City:. Claimant No. I and No. 2 - Maria Burlaza and Edna Burlaza, c/o Mflberg & DePhillips, Attorneys at Law, 225 Broadway, Suite 1313, San Diego, CA 92101; Claimant No. 3 and No. 4 - Maria Sosa and Roxana Sosa, c/o Milberg & DePhillips, Attorneys at Law, 225 Broadway, Suite 1313, Minutes July 28, 1992 Page 2 San Diego, CA 92101. It is the recommendation of the City's claims adjustors, Carl Warren & Company, and Risk Management staff that the claims be denied. d. Letter of resignation from the Montgomery Planning CornmjlXee - Lee Wheeland. It is recommended that Ms. Wheeland's resignation be accepted with regret and a letter of appreciation be sent. 6. ORDINANCE 2524 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE/IEI.~TING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (El)C) (second readlnN and adoption) - On 10/9/90, Council amended Sections 2.30.020 and 2.30.060 to expand EDC membership from seven to nine commissioners. The recommended ordinance is being proposed by the Economic Development Commission and provides language outlining specific areas of expertise which should be drawn from in Councfl's selection of appointees. The purpose is to encourage a well balanced membership representing expertise vital to the EDC's role in developing, recommending, and implementing economic development strategies. Staff recommends Council place ordinance on second reading and adoption. (Director of Community Development) Pulled from the Consant Calendar. MS (Rindone/Malcolm) to increase the number of nominees by the South San Diego Bay Cities Board of Realtors from one to two; and reduce the selection of the members-at-large from residents of the City of Chula Vista from six to five and have each one of those five appointed by each member of the Council. Mayor Nader felt the Commission itself realized there was a problem with composition regarding over representation of some backgrounds, no representation of other backgrounds, etc. and it was not time to overrule their recommendation. He felt the ordinance should be placed on second reading and adoption. VOTE ON MOTION: approved 4-1 with Nader opposed. City Attorney Boogaard informed Council that the change was substantial and therefore the ordinance would have to be brought back for first reading. 7. RESOLUTION 16726 APPROVING THE AMENDMENT TO THE AGREEMENT WITH OTAY RIO BUSINESS PARK FOR THE SALE OF PROPERTY FOR A NEW CITY CORPORATION YARD AND ALrrHORIZING THE MAYOR TO EXECIf~ SAME - On 6/30/92, Council adopted Resolution No. 16655 approving an agreement to purchase land from Otay Rio Business Park for a new City Corporate yard. The agreement contained specific dates for the completion of conditions set forth in the agreement; however, the execution of the agreement was delayed until 7/15/92, which prevented the completion of the escrow and inspection of the properly by the City. Accordingly, the City has revised the agreement to reflect the proper dates for executing its terms, Staff recommends approval of the resolution. (City Attorney) Pulled from the Consent Calendar. Councilman Rindone stated he was concerned that some of the property was in the flood plain. That information was not presented in the materials submitted to Council for review. John Lippitt, Director of Public Works, responded that grading would have to be done but that the property was not in the flood plain or floodway. RESOLUTION 16726 OFFERED BY COUNCILMAN RiNDONE, reading of the text was waive& Mayor Nader stated he had voted against the original agreement but because this was a technical amendment he would support the motion on the floor. Minutes July 28, 1992 Page 3 VOTE ON MOTION: approved unanimously. 8. RESOLUTION 16727 AUTHORIZING THE DESTRUCTION OF POLICE DEPARTMENT BACKGROUND RECORDS - The department is requesting authorization to destruct outdated background Files of persons who were not hired. The purpose is for the conservation of storage space. The desh'uction conforms with the records retention policy. Staff recommends approval of the resolution. (Chief of Police) 9. RESOLUTION 16728 APPROVING AN INDEMNIFICATION AG]~ RRMENT WITH ROHR, INC., FOR *NATIONAL NIGHT OUT* EVENT - The "National Night Out" event will be utilizing a portion of the Rohr, Inc. parking lot. Staff received correspondence indicating an Indemnification Agreement was required. A similar agreement was approved last week with the San Diego Unified Port District. Staff recommends approval of the resolution. (Chief of Police) 10.A. RESOLIYfION 16716 ORDERING CHANGES AND MODIFICATIONS IN PR0CRRnINGS AND ASSESSIVIF. NTS IN ASSESSMENT DIb-rRICT NI3MBER 90-1 (SALT CRRRK I) - On 10/22/91, Counc~ established Assessment District Number 90-1 (Salt Creek I) and levied assessments for the acquisition and financing of cenain infrastructure improvements serving the Salt Creek I development pursuant to the Municipal Improvement Act of 1913. The improvements have now been completed, and it is necessary that the proceedings be finalized and the 1915 Act bonds be sold to provide the funds for the improvement acquisition. Staff recommends approval of the resolutions. (Director of Public Works) Continued from 7/21/92 meeting. B. RESOLUTION 16717 AUTHORIZINGCERTAINASSESSMENTDIb-fEICTBONDSTOBESOLDAT A PUBLIC SALE AND DIRECTING A CALL FOR SEAI.Rr} BIDS IN ASSESSMENT DISTRICT NUMBER 90-1 (SALT CRRRK I) 11. RESOLUTION 16729 ALLOWING THE CLOSURE OF THIRD AVENUE FROM *E* TO "G* STREETS IN ORDER TO CONDUCT A CRAFT FESTIVAL ON AUGUST 23, 1992, ALLOWING THE WAIVING OF THE SIDEWALK SALES ORDINANCE, AND APPROVING WAIVER OF THE BUSINESS LICENSE FRK~ FOR THE THIRD AVENUE FESTIVAL - The Chula Vista Downtown Business Association is requesting permission to close Third Avenue between rE" and "G" Streets in order to conduct the Third Avenue Festival on Sunday, August 23, 1992, from 20 AM to 6 PM. The festivities for the event will include live entertainment along with a children's amusement park, community activities, and 270 arts, crafts, and food booths. Staff recommends approval of the resolution. (Director of Community Development) Councilman Rindone questioned whether the church had been contacted regarding the event interfering with their activities. Alisa Rogers, Community Development Specialist, responded that the Pastor of the Southern Baptist Church had stated that the event would not interfere with their activities. * * END OF CONSENT CALENDAR * * * * * Council recessed the meeting at 6:15 p.m. and reconvened at 6:49 p.m. * * * Minutes July 28, 1992 ~ I,~ 3 VOTE ON MOTION: approved unanimously. 8. RESOLUTION 16727 AUTHORIZING THE DEb-IRUCTION OF POLICE DEPARTMENT BACKGROUND RECORDS - The department is requesting authorization to destruct outdated background files of persons who were not hired, The purpose is for the conservation of storage space, The destruction conforms with the records retention policy, Staff recommends approval of the resolution, (Chief of Police) 9. RESOLUTION 16728 APPROVINGANINDEMNIFICATIONAGR~MENTWITHROHR, INC.,FOR *NATIONAL NIGHT OUT* EVENT - The "National Night Out* event will be utilizing a portion of the Rohr, Inc. parking lot. Staff received correspondence indicating an Indemnification Agreement was required. A similar agreement was approved last week with the San Diego Unified Port District. Staff recommends approval of the resolution. (Chief of Police) 10.A. RESOLUTION 16716 ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN ASSESSMENT DISTRICT NUMBER 90-1 (SALT CI~--EK I) - On 10/22/91, Councfi established Assessment District Number 90-1 (Salt Creek I) and levied assessments for the acquisition and financing of certain infrastructure improvements serving the Salt Creek I development pursuant to the Municipal Improvement Act of 1913. The improvements have now been completed, and it is necessary that the proceedings be finalized and the 1915 Act bonds be sold to provide the funds for the improv~ n~ acquisition. Staff recommends approval of the resolutions. (Director of Public Works) Conlinu~ 7/21/92 meeting. B. RESOLUTION 16717 ALrrHORIZINGCERTAINASSESSMENTDISTRICTBONDSTOBESOLDAT A PUBLIC SALE AND DIRECTING A CALL FOR SEALED BIDS IN ASSESSMENT DISTRICT NIJMBER 90-1 (SALT C~T~T~K I) 11. RESOLUTION 16729 ALLOWING THE CLOSURE OF THIRD AVENUE FROM *E" TO "G* STREETS IN ORDER TO CONDUCT A CRAFT FESTIVAL ON AUGUST 23, 1992, ALLOWING THE WAIVING OF THE SIDEWALK SP, T.Kq ORDINANCE, AND APPROVING WAIVER OF THE BUSINESS LICENSE FRKq FOR ~ THIRD AVENUE FESTIVAL - The Chula Vista Downtown Business Association is requesting permission to close Third Avenue between ME" and *G" Streets in order to conduct the Third Avenue Festival on Sunday, August 23, 1992, from 10 AM to 6 PM. The festivities for the event will include live entertainment along with a children's amusement park, community activities, and 270 arts, crafts, and food booths. Staff recommends approval of the resolution. (Director of Community Development) Councilman Rindone questioned whether the church had been contacted regarding the event interfering with their activities. Alisa Rogers, Community Development Specialist, responded that the Pastor of the Southern Baptist Church had stated that the event would not interfere with their activities. * * END OF CONSENT CALENDAR * * * * * Council recessed the meeting at 6:15 p.m. and reeonvaned at 6:49 p.m. * * * / Minutes July 28, 1992 Page 5 of final EIR on the OTC Boathouse, Mitigation Monitoring, and review of Environmental Impacts and Mitigation. Staff recommends certification of the report. (Director of Planning) Not Dart of the Dublie hearing. but a related item. B. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-92-04: REQ~ TO ESTABLISH OLYMPIC TRAINING CENTER (OTLD BOATHOUSE ON WESTERLY SHORE OF LOVVER OTAY LAKE - SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION - The request is to establish the OTC Boathouse fac~ity on 3.7 acres on the westerly shore of Lower Otay Lake, direc~y east of the main 150 acre OTC site. The facility would provide year-round training of international class American athletes in canoeing, kayaking, and rowing. Staff recommends approval of the resolution. (Director of Planning) Mayor Nader informed Council that a letter of support had been received from Citizens Coordinate for Century Three. This being the time and place as advertised, the public hearing was declared open. George Hanson, 12598 Portada Place, San Diego, CA 92130, spoke in opposition to the staff recommendation. He felt the EIR had been incompetently performed; the Final EIR was most efficient regarding biology, recreation, and visual aspects; and the statement of overriding considerations was egregious. If Council approved the project he reserved his right to bring suit against the City of Chula Vista. Those speaking in support of the staff recommendation were: Joe Simons, 2565 Hopkins Street, San Diego, CA, volunteer for the San Diego Sports Training Foundation Barbara Brown, 4031 Palm Avenue, Bonita, CA 91902, member of the Olympic Training Committee Raymond F. Velchek, 5577 B Adobe Falls Road, San Diego, CA 92120, presented petitions with 1,436 signatures in support of the project Beverly MacDonald, 7254 Golfcrest Drive, San Diego, CA 92119 Mike Johnson, 1621 San Luis Rey, Vista, CA, former Olympian in the 1976 Games Henry G. Manley, Sr., 494 Veronica Court, Chula Vista, CA, volunteer for the San Diego National Sports Training Foundation Matt Peterson, Peterson and Price, 530 "B" Street, Suite 2300, San Diego, CA, representing the San Diego National Sports Training Foundation and the United States Olympic Committee; along with Dave Nielsen, Executive Vice-President, San Diego National Sports Training Foundation; Gloria McCall, President of San Diego National Sports Training Foundation; and Dr. Chuck Dillman, Deputy Executive Director of Programs for USOC; gave a presentation in support of the staff recommendation. Councilman Rindone referred to the training schedule proposed and requested assurance regarding open access to the public or youth. Mr. Nielsen responded that it was the USOC's policy to open the facilities to the community on an organized basis when the facility was not being utilized for training. They would also develop youth and community programs for the boathouse and rowing course. There being no further public testimony, the public hearing was declared closed. Councilman Moore stated he was pleased to see the number of meetings held, organizations involved, and how the facilities would be utilized by the community. Minutes July 28, 1992 Page 6 Councilman Rindone felt the report was extensive and outlined the arduous efforts that had been made to accommodate the varying and diverse needs. He congratulated staff and the Olympic Training Center officials for their efforts. RESOLDTION 16730 OM.'MIED BY COIJNCILMAN RiNDONE, reading of the text was waived. Councilman Malcolm stated the boathouse would not take away the opportunity for recreation uses on the lake and was impressed with the design of the boathouse. He was disappointed that he would not be a member of the Council for the official opening of the olympic facility. He congratulated Gloria McCall for bringing the dream to Chula Vista. Councilwoman Horton stated when she voted in favor of the project she would be proud to be part of the wonderful group of people that brought it to the City and the county. They reached for the stars and she supported it 100%. Mayor Nader stated it was well known that he was an environmentalist and that he had initial concerns. After meeting with people on both sides, environmental experts had informed him that his concerns were addressed adequately and they supported the EIR. Recreational uses were guaranteed and the community would be sharing the lake with the Olympic Training Center. Chula Vistans that had contacted the Mayor's office were overwhelmingly in favor of the project. As a result of the process it was the best possible project and one he did not have any serious qualms in supporting. VOTE ON RESOLUTION 16730: approved unanimously. C. RESOLUTION 16730 APPROVING PCC-92-C AND CERTIFYING EIR-90-12 - CONDITIONAL USE PERMrF P~'t't'ING THE USE OF CERTAIN DESIGNATED PROPERTY AS OLYMPIC TRAINING CENTER BOATHOUSE - ON CERTAIN DESIGNATED CONDITIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 90-12, AND MAKING CERTAIN CEQA FINDINGS, APPROVING AND ADOPTING THE MITIGATION MONITORiNG PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE OLYMPIC TRAINING CENTER BOATHOUSE. 1S. PUBLIC HEARING CONSIDERATION OF A PRECISE PLAN DRC-92-31 AND TENTATIVE SUBDM SION MAP, CHULA VISTA TRACT PCS-92-01, FOR DATE-PALM VILLAS - APPLICANT: T. DAVID EYRES - The request is to develop a 1S-lot subdivision consisting of fourteen dwellings on 1.98 acres, located between Date Street and Palm Avenue in R-1-S-P Zoning District. Staff recommends approval of the resolution. (Director of Planning) 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. RESOLLITION 16731 AND 16732 OFFERED BY COUNCILMAN MOORE, reading of the text was waived. Councilman Moore stated that the RCC, Manning Commission, and Montgomery Manning Committee had supported the project. He questioned whether there was a problem regarding drainage on the property. Robert Leiter, Director of Manning, responded that the applicant was required to meet all the requirements of the subdivision manual and provide additional drawings to the Engineering Department. VOTE ON RESOLL1TION 16731 AND 16732: approved unanimously. Minutes July 28, 1992 Page 7 A. RESOLLrHON 16731 /MoPROVING THE PRECISE PLAN APPLICATION FOR DATE-PALM VIIJ./~S, DRC-92-31 B. RESOLUTION 16732 APPROVINGTHETENTATIVESUBDIVISIONMAPFORDATE-PALMVILLAS, CHULA VISTA TRACT PCS-92-01 ORAL COMMUNICATIONS Carolyn Butler, 97 Bishop Street, Chula Vista, CA 91911, requested that the City reinstate the Dial-A-Ride program and maintain it. She requested meetings with the Mayor and Councilmembers. ACTION ITEMS 16. RESOLUTION 16719 APPROVING RATE SCHEDULES FOR COt .LRCTION AND DISPOSAL OF REFUSE EP-I, ECTIVE JULY 1, 1992 - Since 1986, Laidlaw Waste Systems, in accordance with the Franchise Ordinance, has been entitled to request an annual rate increase for the collection and disposal of refuse. The staff report recommends approval of a proposed rate increase and discusses related issues. Staff recommends approval of the resolution. (Director of Finance) Continued from 7/21/92 meeting. Lyman Christopher, Director of Finance, informed Council that the new annualized rate increase was included as Exhibits 1 and 2 of the staff report. Councilman Rindone felt the issue of rate-of-return needed to be addressed. The City was currently in year six or seven of the contract and that review had not been conducted. Council's first responsibility was insuring that the citizens were getting good senrice at the most cost effective rate. He was not prepared to vote on a rate increase until that information had been verified by staff once it had been done it did not need to be done every year. Mayor Nader suggested that Council enact an ordinance that said that a franchisee's rate increase request would not be granted unless that franchisee had provided such information as to determine a reasonable rate-of~return as may have been requested by staff subject to Council approval. Councilman Malcolm felt the resolution should be passed and require the franchisee to bring forward a rate- of-return study. He was not embarrassed about saying that the City would keep the confidential information confidential and entering into such an agreement. To hold off this increase was not in the spirit or intent of the contract entered into, Mayor Nader felt that was a reasonable approach and that staff may want to see how it was handled by other jurisdictions and governmental agencies dealing with rate-of-return information. The intent was not that it be on every future request but to require denial of a request if rate-of-return information requested by staff was withheld subject to Council approval of that request. RESOLUTION 16719 OI"I-'IffA1ED BY COUNCILMAN MALCOLM, reading of the text was waived. Councilman Rindone stared he supported the direction Council was taking on seeking the return-on- investment validation but he would vote against the resolution due to the franchise fee. VOTE ON RESOLUTION 16719: approved 4-1 with Rindone opposed. Minutes July 28, 1992 Page 8 MS (Nader/Malcolm) direct s~aff to bring back an ordinance for consideration which would require that a franchi~e requesting a rate increase provide any information requested by staff, subject to approval by Council, on rate-of-return or return-on-investment, prior to consideration of that rate increase request. Councilman Moore felt that the franchisee should be told well in advance that the information would be requested so they could respond in a timely fashion. Mayor Nader stated that was the intent of his motion. Councilwoman Hotton expressed concem regarding the validity of information submitted and requested that the motion be amended to include that the franchisee pay for the audit of the report. Nader/Malcolm agreed to include the amendment in the motion. VOTE ON MOTION AS AMENDED: approved unanimously. 17. REPORT CONSIDERATION OF CREATING A CHULA VISTA HOUSING ALrrHORITY- The Council has asked for a report on the desirability of creating a Chula Vista Housing Authority under State law. Currently, affordable housing in Chula Vista is pursued through a combination of activities by the Community Development Department and the County Housing Authority. Council requested an analysis of the benefits of consolidating those efforts under a Local Housing Authority. Staff recommends Council accept the report. (Director of Community Developmen0 MSUC CMalcolm/Nader) to accept the report, 18. REPORT EVALUATING THE POSSIBILITY AND FEASIBILITY OF PAVING OR ~G THREE DIRT .~1J .RYS - ELM AVENUE AND TWO ADJACENT AI J .k'YS EAST OF SECOND AVENUE, BETWEEN MADRONA SrREET AND 'F' STREET - On 7/8/91, the City received written communication from property owners on Madrona Street, Cypress Street, and Minot Avenue expressing road safety concerns and suggesting solutions to their concerns. The property owners requested that the City consider paving or closing three dirt alleys - Elm Avenue and two adjacent alleys east of Second Avenue, between Madrona Street and Street. Said request was submitted to the City in the form of a petition and signed by twenty-four residents. Staff recommends Council accept the report. (Director of Public Works) Those speaking in opposition to the staff report and requested that Elm Street be paved at City expense were: Bob Crane, 374 Minor Avenue, Chula Vista, CA K.T. Hayden, 344 Patricia Avenue, Chula Vista, CA Dewsin Short, 171 N. Del Mar, Chula Vista, CA Neil Wagenaar, 176 Cypress Street, Chula Vista, CA Ruth H. Weatherhie, 170 Cypress Street, Chula Vista, CA Elizabeth Daniels, 154 Madrona, Chula Vista, CA 91910, spoke in support of the staff recommendations. She requested that the City close Elm Street east of Madrona and the 7 1/2 foot wide alley. Councilman Malcolm stated he had not been able to drive through the area and would like a one week continuance to review the area. MS (Malcolm/Horton) to continue the item to the meeting of 8/4/92. Minutes July 28, 1992 Page 9 Councilman Moore stated he was concerned regarding the alleys and noted there was an old referral regarding whether they should be paved or closed. He would like to see an effort made to reduce the number of alleys throughout the City. VOTE ON MOTION: approved unanimously. 19. REPORT OXFORD STREET AND FIRST AVENUE - In a letter dated on 10/24/91, Pamela R. Wiser of the 100 block of Oxford Street, requested that stop signs be installed on Oxford Street at First Avenue to reduce vehicular speeds on Oxford Street. On 12/12/91, Council approved lowering the speed limit on Oxford Street to 3O MPH and have staff retum in six months on the effectiveness of the speed limit change. Staff recommends Council accept the report, keep the speed limit at 3O MPH, and deny the request for stop signs on Oxford Street at the intersection with First Avenue. (Director of Public Works) Pamela Wiser, 85 Oxford Street, Chula Vista, CA 91911, spoke in opposition to the staff recommendation. It was her recollection that Council had requested several day and night surveys and the report only reflected one survey. The report also indicated that there were no reported accidents and she stated that there had been two accidents since the speed limit was dropped. Cars were still double passing between Alpine and Tobias. The situation had not improved since action was taken to reduce the speed limit. MS t/vloom/Malcoim) to accept the report. Mayor Nader felt Mrs. Wiser was correct in her concern. One speed survey, if accurate, would suggest that the west bound traffic had greatly diminished its speed since the speed limit was lowered. He would like more time to look into it and would therefore vote against the motion. He questioned whether there had been recent enforcement activity during the 48 hour study period. Frank Rivera, Associate Traffic Engineer, responded that there was no enforcement activity to their knowledge. VOTE ON MOTION: approved 3-2 with Nadar/Horton opposed. 20. RF_j~RT TRAFFIC CONCERNS FOR SECOND AVENUE NORTH OF 'E' S'IIIF_gT - Staff has received several requests to install all-way stops on Second Avenue at the intersections of 'C' Street, 100 block of "D" Street, and 200 block of ~D" Street to control vehicular speeds in the area and improve pedestrian safety. Staff recommends Council accept the report and deny the requests for all-way stops. (Director of Public Works) Donald E. Stell, 210 Sea Vale Street, Chula Vista, CA 91910, spoke in opposition to the staff recommendation. He requested that Council reconsider a stop sign at Second Avenue and 'C' Street, north and south. If Council voted against the permanent stop signs he requested that a stop sign be installed on a trial basis. Bob Thomas, 160 Corte Maria Avenue, Chula Vista, CA, representing the Safety Commission, supported the staff recommendation. The Safety Commission had denied the request due to the route to school map utilized by the City. If children were encouraged to cross at Second and 'D', Second Street had a sidewalk on one side. Minor did not have sidewalks and they did not feel that children should be encouraged to take that route. Minutes July 28, 1992 Page 10 Mayor Nader questioned whether staff had received any communication from the principal or faculty at Rosebank Elementary School. Mr. Rivers responded that staff had received a call from the Risk Management Department of Chula Vista Elementary School District and was told that the principal would be sending out a notice in September regarding the route to school map. No comments were received regarding the item on the agerids. Councilman Malcolm stated it was a problem with philosophy, i.e. whether stop signs should be used to control speeds. He did not feel they should and would rather see proper enforcement. He felt the staff recommendation was correct as it was not in the public's best interest to install stop signs everywhere. Councilman Rindone stated he supported the concept of not utilizing stop signs for controlling speed. He felt there was one additional factor to consider which was the left rum from "C" Street onto Second Avenue which created blind spot. MSUC (Rindone/Horton} to accept the staff report for two of the intersections and send back to the Safety Commi-~sion the consideration of the 'C' Street intersection due to the blind spot, Mayor Nader stated he was not impressed with a route to school that took kids 3/4's of a mile out of their way, each way. While the Safety Commission had the issue before them they might want to review what was actually happening. Councilman Moore did not feel policing would take care of the problem. If the City wanted to take care of the problem they would have to get personal with the people owning the automobiles in Chula Vista. Some of the monies received from those ticketed could be taken and spent on a sincere, dedicated communication with the residents and plead with the driven to slow down. 21. REPORT DISPOSITION OF SPACE IN THE INFORMATION AND REFERRAL (ENTER AT MEMORIAL PARK- On 3/17/92, staff presented a report regarding the issues involved in the disposition of space at the Information and Referral Center. Council directed staff to return with a follow-up report after additional discussions with the Library Board of Trustees, the Parks and Recreation Commission, the Downtown Business Association, the Chamber of Commerce, and a representative of the Chula Vista Historical Society. Council also requested that other alternative uses be considered for the building. Staff recommends Council accept the report and support using the Information and Referral Center is utilized as a Historical Museum and office area for the Downtown Business Association. (Director of Parks and Recreation, Library Director, and Director of Community Development) MS (Rindone/Malcolm) to accept the report. Councilman Moore requested that an annual review of the Downtown Business Association's use of the office be conducted. He did not feel it should be a permanent usage for an indefinite period. Councilman Rindone questioned whether Councilman Moore would agree to review every two years. Those speaking in support of the staff recommendation were: John Rojas, Jr., 1169 Second Avenue, Chula Vista, CA 91911, representing the Chula Vista Historical Society Don Swanson, 187 Murray Street, Chula Vista, CA, representing the Downtown Business Association Jose T. Viesca, Jr., 1642 Mill Street, Chula Vista, CA, representing the Library Board Minutes July 28, 1992 Page 11 Councilman Rindone hoped that part of the new library in the Montgomery area would be devoted to a historical section for that part of the community. VOTE ON MOTION: approved unanimously. BOARD AND COMMISSION RECOMMENDATIONS 22. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS - At its meeting of 2/25/92, Council determined to place an item on the June 1992 ballot relating to runoff elections and determined to defer consideration of the other Charter Review Commission-recommended ballot items until some later date prior to the November 1992 ballot. The Commission re-presents two of those prior recommendations (Sections 304 and 305), three revised prior recommendations (Sections 303, 602 and 1009), and three new recommendations (Sections 300, 600, and 1009) for Council's consideration for placement on the November 1992 ballot. The actual ballot language is found in the companion Election Resolution presented by the City Clerk and City Attorney. (Robert Campbell, Chairperson, Charter Review Commission) Mayor Nader felt the Council's intent regarding the number of absences triggering a vacancy was to avoid a situation where a limited number of absences could trigger a vacancy on one hand, and on the other hand, a large number of absences, if sufficiently spread out over time would not have the same effect. Three consecutive absences would be less than the month currently provided for in the Charter. He recommended ten unexcused absences in a twelve month period or a shorter period of time with less absences. Councilman Moore felt that both options, number of consecutive meetings missed and number of total meeting missed in a twelve month period should be included. Councilman Malcolm stated that Council had never voted on his absences for Coastal Commission or vacation. He had never had a problem with the consecutive portion but had missed ten meetings in a year. He felt requesting an excused absence was a cumbersome process. The City Attorney had recommended four unexcused absences in a row and he felt it made more sense. Mayor Nader suggested that the language of "regularly scheduled" be deleted and simply say "if all meetings were missed for a one month period without excuse it would result in a vacancy". If a special meeting were held and a member artended, it would count which it did not currently do under the Charter provision. City Attorney Boogaard stated that the enti~ement of continuing office depended on the happenstance of calling a special meeting. He felt the Charter Review Commission recommendation was more fair. Mayor Nader stated it was not his intent that an absence from a special meeting be counted against a member but that attendance would count if at a special meeting. The wording "four regularly scheduled consecutive meetings" would achieve the same thing. Therefore, if there were no regularly scheduled meetings it would not count against the member. Richard Rudolf, Assistant City Attorney, stated that was one of the primary concerns of the Charter Review Commission and so they added the special language that the meeting be actually scheduled and held. Councilman Rindone felt the perception of missing ten meetings set a poor standard. The Charter Review Commission conceded that the proposal did not meet the initial criteria referred by Council and that maybe it needed more time for review and a possible alternative that would not create a new set of problems in exchange. Minutes July 28, 1992 Page 12 Mr. Rudolf stated that the Commission's report, when stating that the proposed amendment would not cure the problems was talking about prior problems the next page of the report responded to the new problems and provided a proposed solution. Councilman Malcolm wanted the City Attorney to bring forth two or three options for Council's consideration at their 8/4/92 meeting. Councilman Moore questioned what the Commission recommendation was. City Attorney Boogaard responded that their recommendation was "three consecutive regular meetings scheduled and held or any l0 such meetings that were not consecutively..". MS ~Moorefrlorton) direct the City Attorney to bring back a proposed Charter amendment incorporating · four consecutive regularly scheduled and held, unless by permission ....'. City Attorney Boogaard stated the ballot label, Section 5, would have to be amended also. VOTE ON MOTION: approved unanimously. Mayor Nader referred to "mayor's salary" and asked whether there were any questions. Upon hearing no objections he referred to "prohibited acts, public funds, and gender neutral councilmembers" and asked whether there were any questions. City Attorney Boogaard informed Council that he had offered a different recommendation than the Commission as he was concerned that the State Constitution provision, which the provision mirrored, had very broadly worded language and was subject matter for substantial litigation on the state level. Because of that, his recommendation was to have the Charter Review Commission more precisely word the acts that they did not want the City to engage in. Mayor Nader stated it was his understanding that if enacted it would invite law suits that would otherwise be removed early. It was the consensus of the Council to ttall the public funds provision. He questioned Charter Section 600 and what the difference was between the committees being added to the provisions and the existing boards and commissions it covered. He felt that any board/commission/committee established by an ordinance was a board or commission for the purposes of the Charter. He did not want to get into committees that were not created by ordinance of the Council and what their authority was and who Council could delegate decision making authority Mr. Rudolf stated the concern of the Charter Review Commission was that the number of groups going under the heading of committee, but not set forfix in the Charter or Municipal Code, were growing. Mayor Nader stated that if a committee was not adopted by an ordinance or the Charter it was not a City commission, therefore it made no sense to address it in those terms. It was the Council's desire, particularly regarding traffic safety items, to have the authority to delegate some of the decision making power to the Safety Commission. As it was currently worded, someone might argue that the Council had the right to delegate authority to committees that allowed non-residents to sit on them. There were committees that were not designated as City commissions that were strictly advisory, very limited in scope, which were not under the usual provisions of the Council or Charter. He saw a big difference from the Council delegating authority to a City commission created by ordinance, which required the members to be residents of Chula Vista, or a committee created by whatever process which could have people serving that were not residents of the City. The latter was not the type of committee the Council should delegate their authority to. Minutes July 28, ~.992 Page ~.3 MS (NaderAMoore) proposed changes to Section 600 - eliminating B and mending E to read: 'to give otherwise advisory boards or commissions final decision making authority'. Mr. Rufolf stated that part of the purpose was to bring to Council's attention that there were groups functioning like boards or commissions but had not been created by ordinance. Therefore, the Charter requirements that pertained to boards and commissions were not applicable to them. Mayor Nader felt part of that had been deliberate on the part of Council because they wanted to be able to get advice from people with expertise that did not live in the City. That did not mean that the Council wanted to delegate decision making authority to such committees. City Attorney Boogaard stated it was his understanding that Council wanted to prohibit designating final decision making authority to committees. He questioned whether Council wanted to require themselves to create committees by ordinance. It was his understanding that the Charter Review Commission wanted committees created by ordinance, not by resolution. The language being proposed required Council to create a committee only by ordinance. Council wanted to be able to create committees exempted by residency, vacancy, appointment, and all other powers. Mayor Nader stated that was correct, but on the other hand those committees would not be included in the provision allowing Council to delegate authority to them. Authority could only be delegated to boards and commissions. VOTE ON MOTION: approved 4-1 with Malcolm opposed. Mayor Nader referred to the "sunset' provision and felt that if Council was required to hold a public hearing every year for each board or commission it would consume more time that it would save. MS (Nader/Horton) to direct the City Attorney to bring back an amendment that would remove the sunset provision. Councilman Malcolm stated he disagreed with the motion. He felt it was a good policy to review the need of government bureaucracy but agreed that they all did not need yearly review. Councilman Rindone expressed concern over the number of boards/commissions/committees and felt periodic review was healthy. A schedule of two or four year review for certain boards/commissions/committees should be required, other than Charter commissions. VOTE ON MOTION: approved 3-2 with Malcolm/Moore opposed. Mayor Nader stated it was the consensus of the Council that there were no further concerns with the Charter Review Commission's recommendations. MS (NaderAVloore) to direct the City Attorney to return with an amendment that would include the remainde of the Charter Review Commission recommendations. Mr. Rudolf stated the only thing left in doubt by the action regarding Section 600 was the existence of nine groups. If action was to delete committees in the section it would leave ambiguity as to whether those groups were covered by the Charter. Mayor Nader responded that the nine groups referred to were not covered by the Charter. Minutes July 28, 1992 Page 14 VOTE ON MOTION: app~oved unanimously. MSUC 01indone/Horton) to direct staff to develop a two and four year review of all boards/comm{~sions not established by Charter. Mayor Nader questioned whether it would be appropriate to bring up a charter amendment proposal that was not included within the Charter Rexdew Commission's recommendations. City Attorney Boogaard responded that it would probably be outside the scope of the agenda item. Staff could take a referral. Mayor Nader requested that "potential charter amendments - preferential voting" be placed under his comments for the 8/4/92 meeting for discussion. ITEMS ptnJ.~.n FROM THE CONSENT CALENDAR Items pulled: 6 and 7. The minutes will reflect the published agenda order. OTHER BUSINESS 23. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. On Thursday at 3:00 p.m. a joint meeting would be held with the County Board of Supervisors regarding the Otay Ranch and the General Development Plan. b. Hiring Freeze. No action had been taken by the State regarding the budget therefore there was no report. 24. MAYOR'S REPORT(S) a. Minutes and/or taping of Closed Sessions. Requested that the item be indefinitely continued. b. Procedure for Reappointment - Board of Ethics. Continued from 7/21/92 meeting. Mayor Nader stated it had been made a practice with most boards that the Mayor generally appointed with Council ratification. Because the Council did not want to be in the position of choosing the people that would be called upon to investigate allegations that the Council had violated the Ethics Code, a procedure had been established whereby the presiding judge of the local municipal court would review the applications and Council would then accept his recommendation. Eligibility for a second term had never been addressed and he stated that reappointment could be made automatic if there was no perceived misconduct on the part of the applicant or Council could run it back by the presiding judge for his recommendation. Councilman Malcolm felt that the presiding judge was already assisting the City and to burden him with reappointments would not be correct. MSUC (Malcolm/Moore) if the Mayor deemed appropriate, the appointment would be brought back for ratification by the full City Counc~. Minutes July 28, 1992 Page 15 c. Routine notice and opportunity for assessed property owners to review proposed contracts for work related to Otay Valley Road widening before they are let. Continued form 7/21/92 meeting. The Mayor stated he supported the formation of the district but did have concerns regarding the burden of assessments being placed on the property owners. When a contract came up that could affect the expenses of the assessment district or indirectly affect the assessments, he would like to see the property owners routinely notified and given an opportunity to comment. It should not delay the contract. MS (Nader/Malcolm) beginning with Phase II, when a contract is being contemplated or work reviewed, staff is to notify the assessed property owners to give them an oppornmity to provide comment. Councilman Malcolm stated he did not mind notification of a project that was going out to bid and that a packet was available at City Hall, but he felt that was sufficient. Mayor Nader stated that would satisfy the intent of his motion. Councilman Moore felt that the property owners should form a group to work with staff to keep them informed. Nader/Malcolm agreed to include Councilman Moore's suggestion into the motion. VOTE ON MOTION: approved unanimously. d. Subcommittee for Port of San Diego/City of Chula Vista Bayfront. The Port had requested that members of the Council to meet with them to discuss the Bayfront. He would like to serve on the subcommittee ff there were no objections from Council. MSUC (NaderAVIalcolm) appoint Nader end Hotton to discuss bayfront acquisition with the Port District. e. Ratification of appointment ro Town Centre Project Area Committee: Michael Steiner. Item was a Redevelopment Agency item. 25. COUNCHL COMMENTS Councilman Moore: a. Discussion and/or action regarding renaming of Otay Lakes Road (east/west section) due to near future increase in patients, visitors, golfers, and educators to new facilities being constructed in the east. The main access is "L" Street, Telegraph Canyon Road, and Otay Lakes Road, which are one and the same. It is most appropriate to review this subject before new street signs are installed and major advertising is printed. Continued fi-om 7/21/92 meeting. Councilman Moore stated he was nor saying the name of the east/west section of Oray Lakes Road should be changed bur due to the number of large developments moving forward and the potential advertising that would be done, if the name was going to be changed it should be done soon. MSUC (Moore/Malcolm) direct staff to proceed with alternate name change for the east/west section of Otay Lakes Road. Councilman Moore felt the continuation of Telegraph Canyon Road would be appropriate and the City should ask that the County continue it to Wueste Road. Staff should contact Kaiser, the Otay Mobile Home Park, etc. regarding their input. Minutes July 28, 1992 Page 16 b. Correspondence to Legislature leadership regarding State budget. Councilman Malcolm stated that after discussion with the City's consultant, Council was advised that it would be unwise to send out the state budget letter that had been requested by Councilman Moore. The letter was well intended and Councilman Moore was correct that the League was not doing enough but he felt Council should follow their advice. MSUC (Malcolm/Moore) not send a letter regarding the budget to the Legislature leadership. Councilman Rindone: c. Update report by Rodriquez Airport Administrator regarding Mexico's Airport Expansion plans. Continued from 7/21/92 mee~ng. Councilman Rindone stated he and the Mayor artended a meeting of the South Bay Transportation Coalition where the Rodirquez Airport Administrator was in attendance. Members at the meeting were shocked to hear that the Mexican Government had submitted a proposal in July of 1991 and there had been no response. He felt that was most unfortunate and disappointing due to the effort that had been made to discuss the pro's and con's of Twinports. Mayor Nader felt it was one more in a long list of examples of documents and information that had been deliberately suppressed by Twinports opponents regarding various aspects of the feasibility and legality of their proposal. Councilman Malcolm informed Council that the Mexican Government was selling Rodriguez Field, privatizing, coming to the United States wanting to build another runway in the U.S., and had complained about the way Chula Vista had been responding to the Mexican Government. Mayor Nader stated he had met with two cabinet ministers and an assessment minister in three different departments and had not received that response. He questioned who Councilman Malcolm's source was. Councilman Malcolm stated he was unable to reveal his source but the Mexican Government was in New York and was taking a different approach due to their desire to prlvatize. d. Request from Mayor for report on trip to Mexico City. Councilman Rindone stated there had been a number of requests for information regarding the Mayor's trip to Mexico and he had offered to formally request the status. Mayor Nader stated he had given a verbal report at the 6/30/92 meeting and a complete memorandum had been provided to the Council. He felt between the two it constituted a full report. He expected there would be more to report in the future but there was nothing new to report at this time. Councilman Malcolm stated he had faxed out several copies of the report and he found the report to be very detailed of exactly what happened. Mayor Nader hoped that more information would be available within the next two weeks. It would not be a report on what was done in Mexico City but on developments coming out of the information the Council currently had. Councilman Malcolm: e. Closed session - Personnel pursuant to Government Code Section 54957. Minu~s July 28, 1992 Page 17 ADJOURNMENT The Counc~ recessed the meeting at 10:29 p.m. and reconvaned at 10:37 p.m~ City Attorney Boogaard informed Council that the City had received a lawsuit on friday after the posting of the Agenda on the Otay Lakes Road widening project and he requested a closed session. MSUC (lqaderAMoore) to find that the subject arose after the preparation of the agenda therdore declaring an emergency and to meet in dosed session to discuss said item. The Council met in a closed session at 10:38 p.m. to discuss: Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Otay Municipal Water District. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. EDCO and Bay Cities. ADJOURNMENT AT 11:39 P.M. to a Joint Meeting with the Board of Supervisors on July 30, 1992 at 3:00 p.m. in the County Adminisucation Center, Board Chambers, 1600 Pacific Highway, San Diego, thence to the Regular City Council Meeting on August 4, 1992 at 4:00 p.m. in the City Council Chambers. A Special City Council/Redevelopment Agency meeting convened at 6:15 p.m., recessed at 6:49 p.m., reconvened at 10:29 p.m., and adjourned at 10:37 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Depu~Clerk