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HomeMy WebLinkAboutcc min 1993/02/23 MIN[rlT~ OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF GHULA VISTA Tuesday, February 23, 1993 Council Chambers 6:03 p.m. Public Services Building CAJ~ TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, and Mayor Pro Tem Rindone ABSENT: Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PI.~f!GE OF AI J .RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MI~: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. I>rodamation cornmelting l~Idred G~hander for her gane~ous donation of $25,000 toward the purchase of defibnllators - The proclamation was presented by Mayor Pro Tern Rindone to Ms. Ostrander. CONSENT CALENDAR (Items pulled: 12, 14, 17) City Manager Goss requested that Counc~ add to the Consent Agenda an emergency All3 for FEMA which would allow the City to obtain funding for the flood damage in the City. MSC tMoore/~ox) to add the ~ item as Agenda Item Number 25 on the Consent Agenda, Approved 4-0- 1 with Nader absent. BALANCE OF THE CONSENT CAI.F-NDAR OFFERED BY COUNCIIMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Nader absent;, Mayor Pro Tern Rindone voted no on Items 13A and 13B. S. IN~d-l-ll/a*q COMMUNICATIONS: None submitted. 6. ORDINANCE 2541 AMENDING SECTIONS 1224.020, 1224.030, 1224.040 AND 12~?A.070 RELATING TO DEDICATION AND INST~IJATION OF PUBLIC IMPROVEMENTS ('first readinE) - Council requested that staff review Municipal Code Section 12.24.040 which provides the City the ability to require street dedications and public improvements associated with building permits valued at $10,000 or more. The review was to provide a recommendation for resetting the amount and consideration of other factors. In addition, policy needs to be set regarding the limits of development on private property before triggering the requirement to install or alter public improvements in the adjoining fight-of-way. Several years ago Council accepted a staff report which included a recommendation that an ordinance be brought back for adoption amending Municipal Code Section 12.24.070 to abolish the acceptance of surety bonds and accepting only cash bonds or liens as security for deferrals. It has been discovered that the code change was never completed. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of Public Works) Minutes February 23, 1993 Page 2 RESOLUTION 16994 ADOPTINGPOLICYREGARDINGDEVELOPMENTONPROPERTIESWHI(]-I TRIGGERS THE REQUIREMENT TO INSTALL OR ALTER PUBLIC IMPROVEMENTS IN THE ADJOINING PUBLIC RIGHT-OF-WAY 7. RESOLUTION 16995 DESIGNATING AUTHORIZRn (]TY REPRESENTATIVES TO ACQUIRE SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY (CATEGORY 1 ) - The City has been requested by the Department of General Services of the State of California to update the list of authorized representatives for acquisition of surplus property. The list was last updated in August 1989. In order for the City to be eligible to continue to participate in the program, it is necessary to update the information. Staff recommends approval of the resolution. (City Manager) 8. RESOLUTION 16996 AUTHORIZING EXPENDITURE OF FUNDS FOR CREATION OF A NON- PROFIT CORPORATION TO BE KNOWN AS ChULA VISTA INFORMED, INC., AND AUTHORIZING AGREEMENT WITH CORPORATION FOR MAILING SERVICES - By establishing Chula Vista Informed, Inc., the City would be able to take advantage of lower non-profit postage rates and save approximately $6,000 per year on the mailing of the "Chula Vista Quarterly" newsletter. Staff recommends approval of the resolution. (Administtation) 9. RESOLUTION 16997 REJEUI1NG A NON-RESPONSIVE BID AND ACCEPTING BID AND AWARDING CONTRACT FOR PURCHASE OF BODY ARMOR - Bids were received in the office of the Purchasing Agent for the purchase of body armor for use by Police Officers. The contract will be for a one year period for an estimated total of 90 pieces of body armor. Purchases will be made based on fund availability. Staff recommends approval of the resolution. (Director of Finance) 10. RESOLUTION 16998 AMENDING FISCAL YEAR 1992-93 BUDGET, PROVIDING FOR AN UNEMPLOYMENT INSURAN(I TRUST FI. JND APPROPRIATION TO THE UNEMPLOYMENT INSURANCE ACCOUNT - The City pays for its Unemployment Insurance Claims by reimbursement. It was agreed in 1991-92 not to request the normal budget requirement but rather to appropriate each quarter from the Unemployment Insurance Account Fund. Staff recommends approval of the resolution. (Director of Personnel) 4/5th's vote required. 11. RESOLUTION 16999 APPROVINGAGPRRMENTWITHSCH1VIIDTDESIGNGROUPTOCONDUCT TURF AUDITS - The South County Tuff Water Management Program is sponsored by the San Diego County Water Authority (CWA) and the Metropolitan Water District. The purpose of the program is to evaluate large water consumers irrigation systems. The study will provide guidelines to the agency to become more efficient in water management, thus reducing cost of water utilities. Schmidt Design Group, Inc. was selected by CWA to perform water audits for South County agencies. Staff has designated the following sites to have the irrigation system analyzed and evaluated: Greg Rogers Park, Palomar Park, and Rienstra Sport Fields. Staff recommends approval of the resolution. (Director of Parks and Recreation) 12. RESOLUTION17000 APPROVINGANAGREEilNTWflHROBERTIV~IX]qnLAbDASS(XIATES FOR DEVELOPMENT OF A PARKS IMPLF. MENTATION PLAN (CIP-PR-164), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGIIRRMENT - During Fiscal Year 1992-93 Capital Improvement Project budget process, Council appropriated $75,000 in Park Acquisition and Development (PAD) funds to contract for a Parks Implementation Plan. In accordance with Objective One of the City's Park and Recreation Element of the General Plan, a Parks Implementation Plan will serve as an update to the Park and Recreation Element of the General Plan and will address areas within the Cit~fs boundaries, as well as the Cit~/s Sphere of Influence. The Plan is intended to be a collaborative effort between staff and the consultant. Staff Minutes February 23, 1993 Page 3 recommends approval of the resolution. (Director of Parks and Recreation) Puffed from the Comeill: Mayor Pro Tem Rindone questioned on what basis staff felt the administrative staff of the Parks and Recreation Depax hnent could not handle the responsibility of the project over a period of time. Jess Valenzuela, Director of Parks and Recreation, stated that some of the responsibilities could not be done by staff, specifically an area such as the survey work. In the area of Americans with Disab~ities Act there would be technical expertise to evaluate the park system, west of 1-805, for compliance with the new law. In other areas staff could look at available vacant land and things of that nature although it would be very time consuming. He felt it would take one and one-half years to complete such a study, Mayor Pro Tern Rindone stated he was not convinced that staff could not complete the project more ~scally prudent than what was being presented. One of the administrative functions of a department was to come up with a recommendation of a master plan. There were a number of workshops being offered regarding ADA compliance and he felt staff could be more proactive. He was concerned regarding the proposal of an Ad Hoc Systems Advisory Task Force and felt it would take away some of the functions of the Parks and Recreation Commission. MS (RindoneJHorton) to refer the item to staff to come up with a more prudent reeommendatiol~ particularly survey nee& and others, and try to conduct most of the activities h-house. Councilwoman Horton stated Mayor Pro Tem Rindone had expressed many of her concerns. She felt staff could do the Needs Assessment Survey. She questioned the services needed for ADA and whether some of the survey work regarding ADA compliance could be done in conjunction with the Engineering Department. Mr. Valenzuela responded the consultant would look at the accessib~ity of all of the parks/recreation facilities in the western part of the City. The consultant would also be looking at existing land that was available, looking at studies, past survey work, etc. which was a very labor intensive process. Some of that work was currently being coordinated with other departments but it was a long arduous process. The proposal would help to speed up the process. The study had been supported by the GMOC, Chula Vista 2000 and 21 in terms of master planning. Councilman Fox felt there was a need for a Needs Assessment Survey and that it should be done outside due to the labor intensivehess. City Manager Goss stated the Parks and Recreation Department had made a request to his office for the current budget year of $125,000. Knowing the sensitivity of the Council to the issue the proposal had been modified to about half of the amount so the Master Plan could be compiled in a timely fashion. Staff could do much of the work the consultant would be doing but it was a matter of prioritization. Mayor Pro Tern Rindone stated the intent of the motion was that staff would go back and review all aspects. If a survey could be done in-house, it should be included. A little longer time in providing a Park Master Plan was a good trade-off for $70,000. He commended staff for their realization of the need for a Park Master Plan. Councilman Moore felt the key issue was workload. He questioned what projects would be trailed if done in-house and felt that future reports should contain that information. VOTE ON MOTION: appreved 40-1 with Nader absent. 13.A. RESOLUTION 17001 APPROV1NG THE INITIATION OF PROCRRnlNGS AND DESCRIBING THE IMPROVEMENTS FOR CONSOLIDATING OPEN SPACE DISTRICT NUMBERS 14 AND 24 (BONITA LONG Minutes February 23, 1993 Page 4 CANYON AND CANYON VIEWS) - On 7/21/92, Council directed staff to initiate proceedings to combine Open Space District Number 24, Canyon Views, with Open Space District Number 14, Bonita Long Canyon. Staff recommends approval of the resolutions which: (1) approve the Engineers Report; (2) declare the Councfl's intention to consolidate the districts in accordance with Section 17.07 of the Municipal Code and Section 22587 of the Streets and Highways Code; (3) direct the City Clerk to notice the public hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code; and (3) set 4/13/93 and 4/20/93 at 6:00 p.m. as the dates and time for the public hearings. (Director of Public Works and Director of Parks and Recreation) B. RESOLUTION 17002 FILING AND ACCEPTING REPORT AND DECLARING THE ta-tYs INTENTION TO CONSOLIDATE OPEN SPACE DISTRICT NUMBERS 14 AND 24 (BONITA LONG CANYON AND CANYON VIEWS) AND ~:l-riNG THE TIME AND PLACE FOR HEARINGS THEREON Mayor Pro Tern Rindone voted no on Resolution 17001 and 17002. 14. RESOLUTION 16{)79 ESTABLISHING A POLICY ON APPROVAL OF DEFERRAL AND IJE. N AGREEMENTS AND APPROVING THE DRAFF FORM OF CriY'S DEFERRAL AND LIEN AGREEMENT - On 2/2/93, Council considered staffs request to adopt a policy on the acceptance of lien agreements for deferrals by staff, with a limit of $30,000 valuation. Council requested staff return with a revised policy containing additional conditions under which a lien may be accepted. Staff recommends approval of the resolution. (Director of Public Works) Continued from time meeting of 2/2/93. Pulled from the Consent Counc~man Fox stated the proposed action would place the City in the position of a lender. He felt the City should provide itself with minimum protection and proposed that on page 14-6, 3B, the following language be added: "An appraisal showing current value for the properly provided by a properly designated appraiser, designated by the State of California as a certified Residential Real Estate Appraiser". That license would certify that the individual had met minimum requirements to practice in the State. Counc~woman Horton questioned the process for obtaining appraisals. Clifford Swanson, Deputy Director of Public Works/City Engineer, stated there were two ways: 1) require the applicant to provide an appraisal from a list of designated appraisers approved by the City; and 2) the City could take the responsibility of obtaining it under the City's direct supervision paid by the applicant through a deposit. Staff had a list of appraisers that had been used on different projects and could develop an RFP process which would allow those interested to present their credentials. Councilwoman Horton questioned whether the list would include appraisers outside of the County. She felt it would be prudent on the City's part to use local appraisers. Mr. Swanson stated that staff had not looked that far but the critical item would be their credentials. Counc~man Fox questioned whether staff objected to verbiage that the appraisers be "certified and local". Assistant City Attorney Rudolf expressed concern restricting the list to local appraisers only. He supported Councilman Fox's proposal to add to the policy the requirement of certification or licensing. He was concerned about compiling a list which could create administrative problems for Council. A requirement could also be added that the appraiser be familiar with local properly values which would probably result in local appraisers which would eliminate the discrimination issues. Mr. Swanson stated that when the City had a lien it was because people were doing work on their property. The lending institutions usually required an appraisal and staff anticipated using the lenders appraisal. Minutes February 23, 1993 Page 5 MS (FoX/Moore) to amend the policy, page 14-6, 3B, include 'An appraisal showing current value of the property performed by a cextilied appraiser, certified by the State of California*. Councilman Moore questioned what the consequences would be if the item was deleted. Mr. Swanson stated staff would have to make their own determination of the properly value and they did not feel comfortable in doing that. Councilwoman Horton stated she would vote against the motion even though she felt what staff was ix/Lug to do was prudent. Until there were problems, an appraisal showing current value of the property was satisfactory. SIJBb'I'ITOTE MOTION: (Moore/Rindone) to delete Item 6B. Motion failed 1-3-1 with Fox, Horton, Rindone opposed and Nader absent, VOTE ON MOTION: failed 1-3-1 with Horton, Moore, Rindone opposed and Nader absent, RESOLDTION 16979 OIq, F. RF.D BY COUNCILMAN MOORE, reading of the ten was waive& Councilman Fox stated he would not vote for the resolution as it was not adequate protection for the City. VOTE ON RESOLUTION 16979: approved 34-1 with Fox opposed and Nader absent. 15. RESOLUTION 17003 AMENDINGSCHEDULEIII, SECTIONlO.52.28OOFTHEMUNICIPALCODE, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, MAIN :}-rREET - In order to minimize traffic hazards and congestion, and promote of public safety, parking prohibitions on these streets should be authorized by resolution. A review of trial traffic regulations initiated by the City Engineer under the authority of the Municipal Code show that these regulations are operating effectively and should be made permanent. Staff recommends approval of the resolution. (Director of Public Works) 16. REPORT REQUEST FOR PROPOSALS (RFP) FOR HANDYTRANS OPERATION - The report summarizes the significant requirements of the Handytrans RFP process. Staff recommends that Council accept the report and authorize staff to issue the RFP. (Director of Public Works) Continued from the meeting of 2/16/93. 17. RFI~RT DRC-93-21: PIPELINE STATUS AND NOTICING OF TOWNHOME PROJECT AT 1190-92 FIFFI-I AVENb'E - On 1/26/93, Kay Evefitt addressed the Council about a concern with the status of a project which had originally been approved in 1989 as a "pipeline" project under Ordinance 2288, but which had subsequen~y changed ownership and design. Ms. Everitt also questioned why noticing for a design changed approved by the Design Review Committee on 1/25/93 was only limited to 300 feet and did not include individuals who were beyond that radius but had expressed an interest in the project by signing an earlier petition. Staff recommends Council accept the report. (Director of Planning) Pulled from the Consent Calendar. Kay Everitt, 469 Emerson Street, Chula Vista, CA, expressed her appreciation to staff for preparing the report in an expedient manner and wording the report so that a layman, rather than an expert in landuse could understand the contents. She maintained that the pipeline ordinance should be revised so that the pipeline protection would be terminated whenever there was a change of land ownership. Minutes February 23, 1993 Page 6 Robert Leiter, Director of Planning, stated the problem, if tied to the owner rather than the project, would be that actions such as tentative maps went with the land and ff changed, would be very difficult to enforce. Councilman Moore requested that staff notify Council through a memorandum as to whether the maps being tied to the land was a state or local requirement. Councilman Fox expressed concern that if tied to the owner it would infringe upon property rights and could result in a taking of propert3z. Assistant City Attorney Rudolf stated that Councilman Fox was correct and it was a significant concern. MSC (Moore/Fox) to accept the staff reporL Approved 4-0-1 with Nader absent. 25. RESOLUTION 17006 DESIGNATING AND ALFrHORIZING REPRESENTATIVE AGENTS FOR THE CITY'S APPHCATION FOR PUBLIC DISA~-i P~R Ke6'ISTANCE FUNDS (Administration) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND BF. IATED RESOLUTIONS AND ORDINANCES 18_~. PUBLIC HEARING GPA-92-02 - ENTERTAINING RECONSIDERATION OF AMENDMENTS TO THE PUBLIC FACILI'flI~ F.I-E-MENT OF THE GENERAL PLAN PREVIOUSLYADOPTFJ) IN YtJNE 1992, WHICH IMPLF, MF, NT AND SUPPLEMENT THE APPROVED COUNTY OF SAN DIEGO HAZARDOUS W/kSTE MANAGE2VlENT PLAN - (2'IY Ih[I'IIATED - Pursuant to State law AB2948 Cranner, 1986), the City is required to adopt local provisions to implement the approved County of San Diego Hazardous Waste Management Plan (COHWMP). The proposed amendments establish the necessary provisions for the management of hazardous waste and the siting and permitting of hazardous waste facilities within the City, consistent with the COHWMP and State law. Staff recommends Council entertain reconsideration of the prior approval of the 6/30/92 Public Facilities Element amendments under Resolution 16794, take public testimony, and if no satisfactory reason appears evident from that testimony, approval of a motion denying reconsideration; place the ordinance on first reading; and approval of the resolution. (Director of Planning) Continued from the meeting of 2/2/93. B. PUBLIC HEARING GPA-92-O2A - CONSIDERA1]ON OF ADDITIONAL AMFJ4DIVlF2q'rS TO THE PUBLIC FACILrFIES RIJ~MENT OF THE GENERAL PLAN REFINING PORTIONS OF THE JUNE 1992 AMENDMF. NTS, AND RE-STATING THE c;l 1 fS "FAIR SHARE" CONCEPTS REGARDING HAZARDOUS WA~'I ]~ FACII.rlIILq - ul IY INi'ILATED C. PUBLIC HEARING PCA-92-02 - CONSIDERATION OF AMENDMENTS TO 'ITILE 19 OF THE MUNICIPAL CODE TO DEFINE HAZARDOUS WA.5-1~ FACILI'I]ES AS CONDITIONAL USES IN THE uflY'S INDU~,-IRIAL ZONES AND TO ESTABLISH A SPECIFIC REVIEW PROCEDURE FOR CONDITIONAL USE PERMIT APPLICATIONS FOR SUCH FACILI-ImS CONSI~,-i-ENT WITH STATE LAW - tXlY INITIATED D. ORDINANCE 2542 ADDING SIClIONS 19.04.107 AND 19.58.178 TO, AND AMENDING SIClIONS 19.14.070, 19.42.040, 19.44.040 AND 19.46.040 OF, THE MUNIt]PAL CODE TO ESTABLISH DEFINITIONS, REQUIREMENTS AND pROCRnURES FOR THE REVIEW AND APPROVAL OF CONDITIONAL USE PFMiV~TS FOR HAZARDOUS WASTE FAflh'tlES (first readini) E. RESOLLFIION 17004 ADOF1TNGAMENDMENTSTOTHEPUBLICFACIL!'III'.S~-I-RMENTOFTHE UI'IY GENERAL PLAN (GPA-92-O2A) TO INCORPORATE PROVISIONS RELATED TO THE MANAGEMENT OF HAZARDOUS WA~-I~.5, AND THE ~IIING AND PERMI I LING OF ~US WASTE FACILfI1F_.S, WITHIN THE u'IY Minutes February 23, 1993 Page 7 This being the time and place as advertised, the public hearing was declared open. Ed Batcheider, Assistant Planner, gave Council a brief overview on the background of prior legislative actions, issues for the request for reconsideration, and new amendments. He noted that Council had received a letter from Latham & Waftfins representing Appropriate Technologies raising additional issues. The letter was essentially repetitive regarding issues they had addressed in their 12/16/92 letter to the Planning Commission. Staff had responded to their letter and it was included as Attachment A in the agenda packet. City Attorney Boogaard requested that staff indicate for the record when the 2/23/93 letter was received. Mr. Batcheider responded that it was received on 2/23/93 at approximately 4:35 p.m. The first recommendation pertained to Item A and staff requested that Council, in a separate motion, entertain reconsideration of the amendment adopted in June, 1992; take testimony; and if there was not satisfactory and convincing evidence presented to Council in the testimony, adopt a motion that would deny the reconsideration of the June amendments. City Attorney Boogaard stated the purpose of that portion of the hearing was to g~ve the public that had complained or believed that due process was not adequately afforded in June of 1992, to avail themselves of the opportunity to address the Council. If their information was convincing to the Council, then Council would proceed to reconsider and rescind prior action. It was staffs judgement that not only were they properly enacted but that they represented good and competent policy with regard to the adminisu'ation and regulation of hazardous waste treannent facilities in the City. Mr. Batcheider stated the second recommendation was that Council adopt the Negative Declaration which was issued under IS-93-14 pertaining to the additional proposed amendments under Item B and the Ordinance under Item C. The third recommendation was that Council approve the resolution adopting the additional proposed amendments to the General Plan proposed under GPA-92-02A, Item B, and introduce for first reading the ordinance amendments contained in Exhibit C. Theresa Aland, 1433 Nacion Avenue, Chula Vista, CA, commended staff on the work done on the report. Councilman Fox stated the letter claimed there was a 180 day deadline which the City supposedly failed to meet and which staff acknowledged. He questioned staffs response. City Attorney Boogaard stated staff did not believe that portion of the letter or any other portion of the letter had any validity. The City had complied with the deadline set forth in the Tanner Act back in June 1992 and to the extent that the City would be forever frozen from making any subsequent amendments to that could not be presumed from the Tanner Act. He believed the City was clearly within the authority the Tanner Act had given the cities to pass that type of legislation. ORDINANCE 2542 pLACRn ON FIRST READING AND RESOLU'IION 17004 Ol, vl~D BY COUNCILWOMAN HORTON, reading of the text was waived. City Attorney Boopard informed Council that the adoption of Resolution 17004 would cover Recommendations I, 2, and 3; Ordinance 2542 would cover the fourth recommendation. Council would not need to take any further action. Councilman Moore felt that the City had fully complied with the Tanner Act and concurred with the three refinements recommended on page 18-4 that the City did, in fact, provide a level of discretion and control over hazardous waste management issues within the City which would ensure the protection of local residents, environment, and economic stability. VOTE ON ORDINANCE 2542 AND RESOLUTION 17004: approved 4-0-1 with Nader absent, Minutes February23, 1993 Page 8 There being no further public testimony, the public heating was declared closed. 19. PUBLIC HEARING CONSIDERATION OF CO/kS'TAL DEVELOPMENT PERMIT NUMBER 64 TO DEVELOP A GOLF DRIVING RANGE, BA'I'IING AND PITCHING CAGES, AND NECESSARY USES ON FIFTH AVENUE NORTH OF *C* :~-rKF, ET - The project involves construction of an athletic and sport recreational center on approximately nine acres located on Fifth Avenue north of 'C" Street within the Inland Parcel of the Local Coastal Program. Staff recomrnelld~ the D!lhlic hearin~ be continued to 3/16/93. (Director of Community Development) Continued from the meeting of 2/9/93. This being the time and place as advertised, the public hearing was declared open. City Manager Goss stated the staff recommendation was to continue the public hearing for three weeks but after meeting with the applicant staff was now requesting that the hearing be continued to 3/9/93. Jerry Alford, 2445 Fifth Avenue, San Diego, CA, representing National Avenue Assoc., stated they concurred with the staff recommendation of a two week continuance. MSC (Moore/Fox) to continue the public hearing to 3/9/93 at 6:00 p.m. Approved 4-0-1 with Nade~ absent. ORAL COMMUNICATIONS · Rod Davis, 653 Redlands Place, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, expressed his appreciation for the access and dialogue with staff and Council. He expressed concern regarding a novelty item being sold which looked like a liquid filled hypodermic syringe which was a pencil. They felt the product produced a light-hearted attitude toward substance abuse and were encouraging the business within the Chamber not to sell the items. The Chamber requested that the City discourage the sale and purchase of the item through the City's drug awareness programs. · Carolyn Buffer, 97 Bishop Street, Chula Vista, CA, stated she had been asked by the Mayor to select a City committee that she would like to serve on. She wanted to notify the Council that she was interested in transportation issues, i.e. Handytrans and/or CVT. BOARD AND COMMISSION RECOMMENDATIONS 20. Letter requesting approval of the *Contract for Use of Facility* and the *Indemnity and Hold Harmless Agl~emanf* for use of the Comrmlnlty Congregational Church by the Cultural Arts Commllsion - Pat Ables, Chairman, Cultural Arts Commission. Mayor Pro Tem Rindone stated he would abstain from participation and voting. Jess Valenzuela, Director of Parks and Recreation, stated the City Attorney had reviewed the Hold Harmless Agreement and found it to be acceptable. Regarding the program, it would be part of the Cultural Arts Festival and the City would be renting the hall at the Church. Staff supported the request by the Cultural Arts Commission. MSC (Moore/Fox) to approve the staff recommerldatio!l; approval of the Contract for Use of Facility and the lnd*mniBr and Hold Harmless Agreement. Approved 3-0-1-1 with Nader absent and Rindone abs~ining. Minutes February23, 1993 Page 9 ACTION ITEMS 21. ORDINANCE 2543 AMENDING SECTIONS 2.36.010 AND 2.36.030 OF THE MUNI(2PAL CODE ~ Rt A TING TO THE ADVISORY DUTIES OF THE HUMAN R ~.I ATI ONS COMMISSI ON (first reading) - In April 1992, the South Coast Organization Operating Transit (SCOOT) Board directed staff to investigate the ramifications of dissolving SCOOT. Both City and County Transit staffs fred no negative impacts to either the City or County if SCOOT were dissolved. One result of dissolution would terminate the SCOOT Senior and Disabled Transportation Advisory Committee. Staff recommends Counc~ place the ordinance on first reading and approve the resolution. (Director of Public Works) RESOLUTION 17005 WITHDRAWING FROM, AND CAUSING ]HE DISSOLLrrION OF, THE SOUTH COAST ORGANIZATION OPERATING TRANSIT, EFFECTIVE JUNE 30, 1993 ORDINANCE 2543 PLACED ON FIRST READING AND RESOLLrfION 17005 OFFI~RED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Nader absent. ITEMS pLHJ.EI3 FROM THE CONSENT CAI~.NDAR Items pulled: 12, 14, and 17. The minutes will reflect the published agenda order. OTHER BUSINESS 22. CriY MANAGERS REPORT(S) a. City Manager Goss inu'oduced the Interim Acting Fire Chief, Jim Hardimam He anticipated the hiring process for Fire Chief would take three months. b. Scheduling of meetings. A worksession/meeting would be held one week from Thursday, The items for the agenda were the Clean Water Program and Solid Waste. Another worksession/meeting would be needed in mid-March for the Bayfront. 23. MAYOR'S REPORTf S) a. Mayor Pro Tern Rindone complimented Sid Morris, Assistant City Manager, and Pat Barnes, SDGiE regarding the undergrounding efforts in Chula Vista. He reviewed the on-going projects in the City. b. Mayor Pro Tern Rindone expressed concern regarding the Transit Center. The recommendation accepted by the Southwestern College Board was the last of the twelve sites originally examined. Their action had placed the Council in a difficult situation due to the number of concems originally recorded. He encourage eventual resolution and mitigation of the various issues in the complex project so that the opportunity would not be lost. c. Mayor Pro Tem Rindone questioned when the widening project for Fourth Avenue would be concluded. John Lippitt, Director of Public Works, stated the report on Fourth Avenue from Kittywake to Del Rey High School would be coming to Council within the next few weeks. Staff would be recommending that the project not be delayed with the undergrounding being done with the rest of Fourth Avenue. Minutes February 23, 1993 Page 10 Mayor Pro Tem Rindone stated he was in support of the recommendation. Due to the serious accident that had occurred, he would like included a consideration of reloeating the bus stop across from Del Rey High School closer to Moss so there would be a means of appropriate access with painted crosswalks. 24. COUNCIL COMMENTS Councilwoman Horton: · Councilwoman Horton requested that staff furnish Council with an informational memo on what the rates were for the last several years for the cable companies doing business in the City. Coul}r~nn~ll FOX; · Councilman Fox complimented Mayor Pro Tem Rindone on substituting for Mayor Nader in his absence. · Councilman Fox referred to a letter received from a commissioner on the Resource Conservation Commission regarding their ability to do their job when they received a "ton' of information. He would send a written response that it was always an option to make a recommendation that an item be continued in order to allow for adequate time for review. Couneffrnan Moore: · Councilman Moore stated he had been surprised at the location chosen by the Southwestern College Board for the Transit Center. · Councilman Moore informed Council that the Miss Chula Vista contest was being held on Sunday at 7:30 p.m. at the Youth Community Building. AI~OURNMENT The City Council met in a closed session at 7:55 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Torres vs. the City of Chula Vista. ADJOURNMENT AT 8:00 P.M. to the Regular City Counc~ Meeting on March 2, 1993 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency convened at 7:49 p.m. and adjourned at 7:52 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk