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HomeMy WebLinkAboutcc min 1996/01/23MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 23, 1996 6:07 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers Alevy, Moot, Rindone, and Mayor Horton Councilmember Padilla John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk MSC (Alevy/Horton) to excuse Councilmember Padilla's absence, approved 4-0-1 with Padilia absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: January 16, 1996 MSC (Alevy/Moot) to approve the minutes of January 16, 1996 as presented, approved 4-0-1 with Padilia absent. 4. SPECIAL ORDERS OF THE DAY: a. Update on Port District Matters by Commissioner David L. Malcolm. Commissioner Malcolm stated he had just completed his first year with the Port. During that year they hired a new CEO, trade director, airport director, and attorney. The Port was doing $175,000,000 of Phase I improvements at Lindbergh Field: 1) egress from the airport parking lots directly onto a bridge onto Harbor Drive; and 2) a new terminal west of the present terminal. Due to the renovations the area would be able to recapture air freight and associated jobs. They were presently negotiating with the City of San Diego on the convention center which would create 3,000 new permanent jobs in San Diego, but the Port also needed the 'jobs train" in order to bring in more cargo ships. He hoped they could reach a balance which was his commitment to the City. His priorities would be to work with Rohr to put 'H' Street through and to develop a comprehensive plan for properties that would be vacated by Rohr and utilizing the Port property for waterfront activities similar to San Diego. The Port was currently doing the environmental studies to piggy-back onto the Naval dredging project to straighten the channel for safety and marketability reasons for Chula Vista Marina. The Port would be hiring an arts coordinator to implement the $4.5 million art fund and was working with MTDB toward mass transit to the airport. Councilmember Rindone questioned the location for commuter aircraft at the airport. Commissioner Malcolm stated all propeller operations would be moved to the old PSA terminal which would result in a passenger's car being in one lot and the aircraft landing at a different terminal if two different types of aircraft were utilized. He felt it would be a great inconvenience. MS (Rindone/Alevy) to support the position taken by Commissioner Malcolm by sending a letter to the Port from the Council, under the Mayor's signature, expressing the Council's desire to have the issue of location for commuter aircraft re-examined due to the impacts upon all residents within San Diego County, approved 4-0-1 with Padilia absent. Mr. Goss stated Council authorized the Parks & Recreation Department, Planning Department, and Community Development provide input to the Cultural Arts Commission so they could develop recommendations of alternative art projects that would then be reviewed by Council. An important issue was to get a fair distribution of the money among all five Port cities. Commissioner Malcolm stated he wanted to see an allocation to each City, if that was not done the City of Chula Vista would lose out. The City of San Diego had their entire waterfront in their redevelopment agency and it would Minutes January 23, 1996 Page 2 be the Port's desire that if the City wanted to move forward that the City do so quickly before the Port started negotiating new deals. b. Proclamation commending Firefighter Gary Breton upon receiving Channel 10's Leadership Award. The proclamation was presented by Mayor Pro Tern Moot. c. Proclamation commending Chula Vista Cares for their dedicated support and holiday spirit. The proclamation was continued. d. Recognition of American Golf Corporation for their dedication, time and energy with respect to the Boys and Girls Club of Chula Vista 1995 Holiday Golf Tournament. Stephen Melvin, Tournament Director of the Boys and Girls Club of Chula Vista, presented an inscribed plaque to Ricke Crochet, General Manager of Chula Vista Golf Course. CONSENT CALENDAR (Item pulled: 9) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. Item 8 was continued. 5. WR1TTEN COMMUNICATIONS: a. Letter from the City Attorney stating that in Closed Session on 1/16/96, Council authorized a settlement of the Chammas v. City of Chula Vista litigation in the amount of $400,000. That authority subsequently led to a settlement of the case at that amount and it is herewith being disclosed as a reportable action of the City Council of the meeting of 1/9/96. A companion matter seeking appropriation to reimburse the Insurance budget by virtue of this settlement is also on this agenda. There are no other reportable actions of the meeting of either 1/9/96 or 1/16/96. It is recommended that the letter be received and filed. Councilmember Rindone stated any reported action taken by Council in Closed Session had to be reported with the vote taken and requested that the item be amended to show the vote. Mr. Boogaard responded that the vote was 3-1-1 with Rindone opposed and Padilia absent. b. Letter of resignation from Daniel S. Way - Design Review Committee. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. ORDINANCE 2660 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE, INCREASED SPEED LIMITS IN CERTAIN ZONES, SCHEDULE IX, AND AFFIRMING TRIAL TRAFFIC REGULATION NUMBER 140 FOR ESTABLISHING SPEED LIMITS ON FIFTH AVENUE FROM NAPLES STREET TO ORANGE AVENUE, AND ON FAIVRE STREET FROM BROADWAY TO THE CUL-DE-SAC WEST OF JACQUA STREET {second reading and adootion) - In July 1994, the City Engineer determined the need to establish a 30 MPH speed limit on Fifth Avenue between Naples Street and Orange Avenue, and on Faivre Street between Broadway and the Cul-de-Sac west of Jacqua Street. A traffic and engineering study was conducted by staff and it was determined that the speed limit of 30 MPH was the appropriate speed limit on the two streets. The speed limits have been in effect for eight months and action by Council will make these speed limits permanent. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 18186 APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN CHULA VISTA POLICE DEPARTMENT AND CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING THE ELEMENTARY SCHOOL RESOURCE OFFICER PROGRAM, AMENDING THE FISCAL YEAR 1995/96 BUDGET TO ADD 1.00 POLICE OFFICERS, AND APPROPRIATING FUNDS THEREFOR - The resolution requests the approval of the increase in police sworn staffing by one officer position. The position will Minutes January 23, 1996 Page 3 be used in the creation of an Elementary School Resource Officer program. The program would be jointly funded by the Police Department and the Elementary School District; the Elementary School District would supply the funding for the additional officer and the Police Department would staff another two positions with existing officer positions. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 8. RESOLUTION 18187 AMENDING THE FISCAL YEAR 1995/96 BUDGET AND APPROPRIATING FUNDS PROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE INSURANCE BUDGET - An appropriation of $400,000 from the available General Fund balance is required to supplement the Insurance Budget for the settlement of the Gina Chammas v. City of Chula Vista lawsuit. Staff recommends approval of the resolution. (Director of Personnel) 4/5th's vote required. Mr. Boogaard stated the resolution should be continued and would not affect the ability to settle the case since there was a sufficient balance in the insurance fund to pay the claim. It would have to be replenished in the future. 9. RESOLUTION 18188 ACCEPTING A $100,000 GRANT FROM THE SAN DIEGO UNIFIED PORT DISTRICT'S CAPITAL IMPROVEMENT PROGRAM, APPROVING THE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE IT AND APPROPRIATING $100,000 TO A CIP PROJECT #GG155 FOR CONSTRUCTION OF A FLOW-THROUGH SEAWATER SYSTEM AT THE CHULA VISTA NATURE CENTER - The San Diego Unified Port District has granted the Bayfront Conservancy Trust $100,000 from its Capital Improvement Program for partial funding for the construction of a seawater system at the Nature Center. The flow-through seawater system will provide continuous seawater for maintenance of exhibit animals, facilitate education programs, and allow for credible scientific research. Staff recommends approval of the resolution. (Executive Director, Bayfront Conservancy Trust) 4/5th's vote required. Pulled from the Consent Calendar. Councilmember Rindone questioned the total projected cost of construction and whether the grants would cover the entire cost. Steve Neudecker, Executive Director, responded that the construction cost was $425,000-$450,000. The grants would cover the costs and competitive bids would be received. They would be using the design engineering firm that designed the project to assist with the bidding. RESOLUTION 18188 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. * * * Council recessed at 9:13 p.m. and reconvened at 9:32 p.m. * * * 10. RESOLUTION 18189 APPROVING FIRST AMENDED AGREEMENT WITH SMITH AND KEMPTON FOR TRANSPORTATION CONSULTING SERVICES AND APPROPRIATING AN ADDITIONAL $20,000 FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND - Last year, the City entered into an agreement with Smith and Kempton to provide transportation consulting services in the form of project management and advocacy services. The advocacy services portion did not include a substantial effort related to the State Transportation Improvement Program (STIP) which is proposed to include funds for SR- 125. It has become apparent that, due to competition for STIP funding, there is a need for the City to be more proactive in assuring funding and clearances for the SR-125 facility, since it is vital to the orderly development of the overall Chula Vista Transportation system. The proposed amendment to the contract will allow Smith and Kempton to assist the City in this regard. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. * * END OF CONSENT CALENDAR * * Councilmember Rindone stated the agenda was lengthy and contained a number of complex items, especially the three items on the Redevelopment Agency agenda. It was his opinion that those three items warranted a workshop due to the significant policy issues to be discussed. If it was Council's intention to hear the budget presentations Minutes January 23, 1996 Page 4 he recommended rescheduling the RDA agenda. He felt Councilmember Padilia would want to be present when the Redevelopment Agency items were discussed. Councilmember Moot felt the matters on the Re. development Agency agenda were significant and that a workshop to deal with the complexities of the items would be helpful. Chris Salomone, Director of Community Development, informed Council that Rohr had requested that action be taken on their item, but it was tied to the CIP item which was the most complex of the items because of all the different projects involved. Art Sellgren, representing Rohr, stated they had been waiting on the item for quite awhile and they would like to see it addressed. They also understood Council's need to understand the budget issues. It was the end of their second quarter and they had hoped to post it prior to friday. MS (Rindone/Moot) to reschedule the Redevelopment Agency meeting to a workshop as soon as feasible, i.e. to the next regular meeting with a light agenda or a special workshop with Council hearing the scheduled budget presentations, approved 4-0-1 with Padilia absent. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING CONSIDERING ENACTING A GAMING PLAN PURSUANT TO SECTION 5.20 OF THE MUNICIPAL CODE - On 11/21/95, Council approved certain amendments to Section 5.20 of the Municipal Code regarding cardrooms. The changes allow any form of gambling in Chula Vista that is allowed at any other location within the state subiect to further regulation under a Chula Vista Gaming Plan. A gaming plan must be adopted by Council outlining specifics associated with wagering. The staff report only addresses Council's direction on a defined portion of the proposed gaming plan, cardrooms. The recommendations and alternatives identified were the result of a review of the gaming policies of other jurisdictions in the region and staff analysis. Staff recommends the public hearinlt be continued to the meeting of 2/13/96. (Chief of Police, City Attorney and Director of Planning) Continued from the meeting of 1/16/96. MSC (Horton/Alevy) to continue the public hearing to the meeting of 2/13/96, approved 4.0-1 with Padilia absent. 12. PUBLIC HEARING PCS-95-04; TENTATIVE SUBDIVISION MAP FOR THE EASTLAKE GREENS UNIT 22, TRACT 95-04, INVOLVING 9 LOTS CONTAINING A TOTAL OF 135 SINGLE FAMILY DETACHED TOWNHOMES ON 11.68 ACRES AT THE AT THE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE AND HUNTE PARKWAY - CALIFORNIA PACIFIC HOMES - The Tentative Subdivision Map consists of subdividing 11.68 acres into 9 lots containing a total of 135 dwelling units with 2.1 acres of interior open space, private streets, and guest parking areas. The map also includes 1.5 acres of open space which is being offered for dedication to the City. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 1/9/96. RESOLUTION 18175 APPROVING TRACT 95-04, A TENTATIVE SUBDIVISION MAP FOR 9 LOTS CONTAINING A TOTAL OF 135 SINGLE FAMILY DETACHED TOWNHOMES ON 11.68 ACRES AT THE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE AND HUNTE PARKWAY This being the time and place as advertised, the public hearing was declared open. · Mike Dunham, 9191 Town Centre Drive, San Diego, CA, representing California Pacific Homes, thanked staff for their spirit of cooporation. There being no further public testimony, the public heating was declared closed. RESOLUTION 18175 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. Minutes January 23, 1996 Page 5 13. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-96-06; REQUEST TO CONSTRUCT AND OPERATE A WIRELESS PERSONAL COMMUNICATIONS SYSTEM AT 455 QUAIL COURT IN THE R-1 ZONING DISTRICT - PACIFIC BELL MOBILE SERVICES - Pacific Bell Mobile Services is proposing to construct two 12'11" high poles with one pair each of plastic panel antennas and two 5'2" x 8'8" x 2'6 ~/i" ground-mounted equipment cabinets near the northwestern comer of the property at 455 Quail Court in the R-1 Zoning District. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18190 GRANTING CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC BELL MOBILE SERVICES ALLOWING THE CONSTRUCTION AND OPERATION OF A WIRELESS COMMUNICATION FACILITY FOR A PERSONAL COMMUNICATION FACILITY AT 455 QUAIL COURT Councilmember Alevy stated he would abstain from participation in order to avoid a conflict of interest due to his employment. Martin Miller, Associate Planner, informed Council that the Planning Commission had added an additional condition requiring the planting of 8 ~. shrubs along the northern fence line in response to objections by the resident of 461 Quail Court. Mayor Horton questioned how it compared to the new guidelines prepared by SANDAG. Mr. Miller responded that the differences between the types of wireless communication systems addressed in the guidelines only described the various types of personal communication systems (PCS) versus cellular. The PCS system had different wattages and their broadcasting areas were smaller than celhdar. Cellular often required monopoles and/or a 70 ft. tower. PCS required 12 ft. poles on which they mounted their antennas. Mayor Horton questioned if PCS was comparable to the new technology being developed by Qualcom (CDMA). · Kirk Dakan, 9610 Granite Ridge Drive, San Diego, CA, Planning Consultant representing Pacific Bell Mobile Services, responded that PCS was digital and the existing cellular systems were analog. The digital nature allowed for service and facility designed advantages, i.e. the sound quality was better than cellular, the messages would be encoded for protection of conversations, and protection of codes. The PCS capacity was much larger which would allow for more information (calls, faxes, computer data, etc.) to be transmitted on a given wave length. The designs were also more compact, i.e. smaller antennas and fewer in number. Wherever possible they tried to locate their antennas on building facades in order to blend into the environment. The facilities were typically located approximately Ph miles apart along major corridors. They had no objections to the conditions of approval recommended by staff and the Planning Commission. The major differences between CDMA and GSM was the way the conversations were entwined into one frequency. Mayor Horton questioned if the GSM technology was exclusive to Pacific Bell. Jim Thomson, Deputy City Manager, stated under FCC regulations, both Pacific Bell and Cox Communications had licenses for the PCS in Southern California. It was his understanding Cox Communications was utilizing the CDMA technology. Mr. Dakan responded that was correct. Pacific Bell and other corporations throughout the U.S. was utilizing GSM; Cox Cable and AirTouch would be switching over to the Qualcom invention. Mayor Horton stated there were several proposals that had come before Council for large antennas and with the new technology she questioned why they would go forward with those when there was a less obtrusive system available. Robert Leiter, Director of Planning, responded that there were two companies which had existing cellular systems and they were enhancing or upgrading their systems. He did not feel there would be a lot of additional facilities added for AirTouch or GTE Mobile Net. Staff would be reporting to Council on the SANDAG study which addressed PCS versus cellular. There being no further public testimony, the public hearing was declared closed. Minutes January 23, 1996 Page 6 RESOLUTION 18190 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 14. ORDINANCE 2661 AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO APPLY THE CITY'S CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO INDEPENDENT EXPENDITURES COMMITTEES (first reading) - On 11/21/95, Council approved four out of six proposed changes to the campaign contributions regulations by the introduction of Ordinance 2654 and referred the remaining two -- related to (1) independent expenditure committees, (2) campaign debt -- to the City Attorney for further study, report and recommendations. This report and ordinance responds to that portion of the referral dealing with independent expenditure committee contribution regulation. More time is needed to study that portion of the referral dealing with campaign debts which will be brought back at a later time. Staff recommends Council place the ordinance on first reading. (City Attorney) Councilmember Moot stated the minutes of the last two hearings reflected that two Councilmembers specifically requested that the constitutionality of the revision be looked at and, Council unanimously requested that input be received from other potentially impacted people in the community that utilized political action committees, i.e. specifically the Police Officers Association and the Firefighters Union. He did not see either of those issues addressed in the staff report. He preferred to see it analyzed before the Council voted on the issue as it was integral to any discussion of the issue. Mr. Boogaard responded that he had analyzed the constitutionality issue and it was constitutional to regulate the contribution activity of corporations, non-profit corporations, and for-profit corporations. The Austin vs. Michigan Chamber of Commerce case clearly upheld the regulation of corporate contributions and the prohibition of corporate contributions. It was an oversight in not including it in the report. He had reviewed the case with the city attorney's office in San Diego who agreed that it was constitutional. The City of San Diego's ordinance did prohibit corporate contributions. It was his understanding that the referral was to include matters in which the Ethics Committee had considered and determined there was a need which he had attached as Exhibit B. Councilmember Moot stated he had talked to the executive director of the San Diego POA and had been advised that they were free to make contributions to political campaigns as an independent expenditure committee under the San Diego ordinance, i.e. they were not in any way limited by any dollar amount. As an "organization" they were not precluded from participating in the political process. He was concerned that the POA and Firefighters were not given an opportunity to give input. He questioned if it was the City Attorney's understanding that their abilities would be restricted to be an independent expenditure committee, and if .so, how they would be restricted. He was uncertain as to what was being proposed and whether it was constitutional. Mr. Boogaard replied that the Buckley vs. Vallejo case stated that the expenditure side of a candidates committee could not be regulated, it was a free speech activity that was exempt from regulation. However, there was legitimate state interest in regulating the contribution side of a candidates committee because it was not primary speech, but a grant of money from a speaker to a committee. There was currently existing limits on the ability to give money, i.e. $250, by a person to a candidates committee. There was also a prohibition on any organizational dollars, i.e. corporations, non-profit corporations, any association, or political action committee. The City did not try to regulate the candidates expenditure of funds to communicate to the voters. The proposal before Council applied the same rules existing for a candidates committee to an independent expenditure committee. Minutes January 23, 1996 Page 7 Councilmember Moot questioned if the Chula Vista POA and Chula Vista Fire fighters PAC could be an independent expenditure committee under the proposed revision and, independently of any candidate, contribute or expend in excess of $250. Mr. Boogaard responded that they could. They could be an independent expenditure committee, but could not receive personal contributions for a specific candidate, greater than $250 from any one person. Councilmember Moot questioned if an individual could form an independent expenditure committee and spend in excess of $250 independently of a candidate. Mr. Boogaard replied that was correct as long as it was their own personal funds. There was no constraint on the expenditure of a persons own personal funds. They could not try to collect, and no one could make a contribution to them after they formed the independent expenditure committee under the proposed regulation greater than $250 per person and zero dollars for any organization. Councilmember Rindone felt the proposal eliminated the special interests which may not necessarily be the community's best interest. He questioned the processing of the independent election contributions when filed with the City Clerk's office. He further questioned if the information was validated, i.e. who it was spent on and that the dollar amount report was correct. Mrs. Soderquist responded that when an independent expenditure was filed it was checked to make sure the forms were filled out correctly and met state requirements. At that time there were no other filing requirements. The state performed audits on a random basis at which time those forms were forwarded to the state. The Clerk as the Filing Officer was not required to validate any of the information. If a member of the public or another candidate brought that information forward, the Clerk would then forward that information to the Fair Political Practices Commission. They would then do the investigation. If errors were found the clerk's office would immediately contact the flier with a follow-up letter requesting that they file an amendment. If they did not file an amended form, the filing officer would then report them to the Fair Political Practices Commission. Mayor Horton questioned if a corporation could form an independent expenditure committee. Mr. Boogaard responded that under the ordinance they could form an independent expenditure committee, but could not receive contributions from any other organization. They could receive personal dollars up to $250 per person. Councilmember Rindone questioned if an individual, under current practices, could donate the maximum of $250 personally to candidate X and then donate $250 to an independent expenditure committee, thereby exceeding the intent. Mr. Boogaard stated he had not proposed regulation in that regard. A single person could make a $250 donation to candidate A and another $250 donation to an independent expenditure committee which supported candidate A, B, or C, and another $250 contribution to another independent expenditure committee that supported candidate X. The City had not seen a proliferation of independent expenditure committees, but if there was, Council could consider further regulation at that time. Those speaking in support of the ordinance were: · Scott Davenport, 405 Sandy Creek, Bonita, CA, candidate for Council Seat #4 · Mary Salas, 802 East "J' Street, Chula Vista, CA, candidate for Council Seat #4 · Dennis Rowley, 209 Sea Vale Street, Chula Vista, CA, candidate for Council Seat #3 Michelle Castagnola, 92 "D" Street, Chula Vista, CA, candidate for Council Seat #4 · Archie McAllister, 1739 Elmhurst, Chula Vista, CA, candidate for Council Seat #4 Councilmember Rindone stated previous councils had tried to place controls on campaigns regarding contributions and it had been effective. He felt the proposed ordinance was the right thing to do which would require everyone to play by the same rules. Those elected to office should be responsible to the electorate and not to special interest groups, especially those that did not live within the City. ORDINANCE 2661 PLACED ON FIRST READING BY COUNCILMEMBER RINDONE, reading of the text was waived. Minutes January 23, 1996 Page 8 Mayor Horton stated she supported the ordinance, but questioned if the City Attorney was sure that the proposed action before Council was constitutional. Mr. Boogaard replied that he was absolutely certain. SECOND TO MOTION: (Moot) Councilmember Moot stated as a candidate for election he felt it important that all candidates be on the same level playing field. He would have preferred that the City Attorney had directly addressed the constitutionality issue so that all candidates would have understood what the proposal was and was not doing and the constitutional limits of what the City could do. He believed the proposed action was constitutional and not an infringement on any organizations right to be an independent expenditure committee and spend money on behalf of a cause they believed in. Action would clearly restrict their rights to accept contributions the same as for any candidate which was fair and appropriate. Councilmember Alevy stated he was convinced after heating the clarification from the City Attorney that it was important for the Council to support the proposal. VOTE ON MOTION: approved 4-0-1 with Padilia absent. MOTION: (Rindone) to direct the City Attorney to provide the ordinance and an explanation of the new procedures and impacts to all candidates for the two council seats. SECOND TO MOTION: (Moot) Councilmember Moot stated he would second the item provided that Council had a chance to see a copy of the analysis before it was mailed to the candidates. VOTE ON MOTION: approved 4-0-1 with Padilia absent. 15. RESOLUTION 18191 ADOPTING COUNCIl- POLICY CREATING AUTHORITY FOR APPROPRIATION TRANSFERS - On 6/27/95, Council expressed concern about not being notified of transfers of appropriations between departments and directed staff to return with a proposed policy to establish guidelines and authority for transferring appropriations within and between departments after budget adoption. It is recommended that a Council Policy be adopted which provides for Council approval for all transfers between departments and all transfers greater than $15,000 between summary accounts within departments, and establishes departmental control at the summary accounts level. The proposed Council Policy, as well as an Administrative Procedure, have been prepared for Council's review. Staff recommends approval of the resolution. (Finance Director and Budget Manager) Robert Powell, Director of Finance, stated the policy should be amended, page 15-8, last sentence, the word "between" should be replaced with "within". The change would require staff to report manager approved appropriation transfers to Council in the quarterly fiscal status report. Mayor Horton stated she preferred that the limit be raised to $25,000 as that was the existing limit the City Manager had to spend without bringing an item before Council. Councilmember Rindone stated it was an important item because it legitimized the budget process where the responsibilities were with the department heads/managers and accountability was maintained. There needed to be flexibility on a daily basis and he was pleased with the recommendation of Council approval of all transfers between departments. He preferred to have the limit of $10,000 for the upcoming year. It was important to note that the $10,000 could be used anywhere on a daily basis. Council needed to be aware when there were budgetary problems within departments. Councilmember Moot stated it was his understanding that inter-department transfers greater than $15,000 had to get approval by the City Council and not just notification to Council. The issue was at what point did staff have to go to Council for their approval. The guidelines that currently existed which allowed the City Manager authority up to $25,000 made sense. Minutes January 23, 1996 Page 9 Mr. Powell responded that was correct, the City Manager for transfers within a department, up to and including $15,000, would have the authority to make that transfer and it would be reported in the quarterly reports to Council. Over $15,000 it would have to go to Council for approval. Counciimember Rindone stated the reporting process for Council approval did not have to be a laborious process, i.e. it could be a report as to what the recommendation was and justification. Councilmember Horton felt the proposal would provide for greater accountability and better fiscal management for the City overall, however, she had a problem in setting the amount lower than the present authority for the City Manager. She did not want to micro-manage which she felt a $10,000 limit would do. Councilmember Rindone stated at the present time there was no authority for transfers, it was set at zero and his proposal was to raise it to $10,000. He did not feel it was micro-managing. Council was very interested in the budgeting process and his proposal would not restrict staff. Councilmember Alevy stated that Councilmember Rindone had stated that the City Manager's authority was at zero and Mayor Horton had stated that it was at $25,000. Mr. Powell clarified that the City Manager had the ability to approve contracts up to $25,000. Because Council took action on the 271h to not authorize the City Manager to transfer any appropriations until a policy was approved by Council the present amount was zero. Councilmember Alevy questioned what the City Manager's authority was prior to Council action and if the quarterly reports would show the cumulative totals of all transfers along with line item transfers. Mr. Powell responded that there was no limit within departments and it was limited only to employee services accounts between departments. Reports could reflect cumulative totals of all transfers. Councilmember Moot questioned if the $25,000 would be triggered on a cumulative basis. Mr. Powell responded that was not correct. The recommended $15,000 authority to the City Manager was a per transfer limit. Councilmember Moot felt that needed to looked at. MS (Rindone/Alevy) to amend the resolution, second Whereas, the second line of the second paragraph, "most" should be changed to "all" and the third line changed from "$15,000 to "$10,000"; and approve the resolution as amended. Mayor Horton stated she would not support the motion as she felt it would result in micro-managing. She felt $25,000 was a reasonable amount. VOTE ON MOTION: motion failed 2-2-1 with Horton and Moot opposed and Padilia absent. MOTION: (Horton) to amend the resolution to reflect the $25,000 figure. SECOND TO MOTION: (Moot) Councilmember Moot stated he seconded the motion with the specific understanding that the figure related solely to prior Council approval and not to reporting. He expected that all transfers would be reported on a quarterly basis regardless of the amount and that the cumulative totals also be provided to Council. VOTE ON MOTION: motion failed 2-2-1 with Alevy and Rindone opposed and Padilia absent. MSC (Alevy/Rindone) to amend the resolution, second Whereas, the second line of the second paragraph, "most" should be changed to "all" and approve the $15,000. Approved 4-0-1 with Padilia absent. Minutes January 23, 1996 Page 10 16. RESOLUTION 18192 APPROVING AGREEMENT WITH YOUMANS, BRAITHWAITE AND RECHIF, FOR THE PROVISION OF LOCKBOX SERVICES FOR SEWER BILLING AND APPROVING AN APPROPRIATION TRANSFER The Sweetwater Authority has advised the City of its intention to cease providing sewer billing services, and the two agencies have entered into a Memorandum of Understanding in this regard. It is proposed that Council approve the agreement with Youmans, Braithwaite and Rechif for lockbox services as part of the new sewer billing process and approve an appropriation transfer to allow the purchase of additional equipment to provide more efficient service to the public. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. RESOLUTION 18192 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. 17. RESOLUTION 18173 APPROVING AGREEMENT WITH EYE/COMM, INC. FOR PRlNTING OF SEWER BILLS AND MAILING SERVICES FOR SEWER BILLS AND OTHER CITY MAIL - In accordance with Council direction, staff circulated a Request for Proposals (RFP) for printing and mailing services for sewer billing. In an effort to reduce City expenses, as well as to improve the level of service on daily mailing, other mailing services were included in the RFP and in the proposed contract with Eye/Comm, Inc. Staff recommends approval of the resolution. (Director of Public Works and Director of Finance) Continued from the meeting of 1/16/96. Councilmember Rindone stated in order to avoid the appearance of a conflict of interest he would abstain from participation as the Adult Education Division of the Sweetwater Union High School District had retained MatMail for mailing services. Robert Powell, Director of Finance, informed Council that staff had reviewed the revised cost figures by the proposer that was not recommended by staff. Staff again met with that proposer at Council's direction and he believed they arrived at final cost figures which reflected that the recommended proposer, Eye/Comm remained the low bid by approximately $3,800. Since Eye/Comm was the low bidder and selected by the selection committee as the most qualified, staff continued to recommend that the contract be awarded to Eye/Comm. Councilmember Alevy felt staff had made clear what their feelings were, what their needs were, and what the experience had been with MatMail in the past. Council needed to do whatever they could to encourage local business, but their highest obligation was to the constituency and staff. It was important from a technical standpoint that the firm selected be able to obtain the very best postage rates, especially with reclassification eminent from the Post Office. He was comfortable with Eye/Comm. Therefore, he would support the resolution. · Richard Rechif, 4120 Paseo De La Vista, Bonita, CA, representing Youmans, Braithwaite & Rechif, stated if MatMail received the contract they would be doing the data processing for the sewer billing. He had met with the City staff and he agreed with staff's estimates and analysis. He stated that there were estimates of usage and different types of mail and the different ways things could be mailed were quite confusing. If the City's mix of mail were to change the difference in the price may or may not be the same. It was brought up in the staff report that at times there had been lapses in services and he did not dispute that. He requested that Council also consider the service MatMail provided in working with the community and troubled youth. · Manuel Alvillar, 98 East Shasta Street, Chula Vista, CA, representing MatMail, stated he was a "small" business, but could become bigger. If he obtained the City contract it would allow him to expand and hire people, without the contract he would have to cutback. He requested that Council look at whether they wanted to send the business outside of the community. · Greg Gould, 7514 Clairemont Mesa Boulevard, San Diego, CA, President of Eye/Comm, felt the issue was who would give the best service to the City. He then reviewed their equipment, personnel, and facilities to process the City's mail in house. Their references vouched for years of excellent service and their excellent prices were the reasons staff recommended Eye/Comm as the top vendor. Staff could rely on Eye/Conxm's quality and service. The City and citizens would be best served by Eye/Comm. Mayor Horton stated it was very complicated for her because she preferred to support MatMail as a small business within the City. They had a lot of community spirit and worked with the youth in the City. At the same time she Minutes January23, 1996 Page 11 understood that staff was not pleased with some of the service received from MatMail, but she had also heard that other agencies within the Chula Vista area were no longer using ZipSort and were using MatMail. She was inclined to support MatMail for a six month test period and negotiate the contract price to be consistent with the lower bid. MOTION: (Horton) to award the contract to MatMail for a test period of six months; price to be renegotiated to the lower costs. Motion failed for lack of second. RESOLUTION 18173 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived. Councilmember Moot felt it was unfortunate when the issue was between a local business versus an outside business. Historically, government went to a low bidding system to try to avoid unfortunate situations such as the situation before Council. The integrity of that system was important to good government and the efficient spending of tax payers dollars. There would always be businesses that would try to argue on matters unrelated to the price and efficiency of service and it put government officials in a very difficult situation. The City conducted the bidding process and staff evaluated those bids and found a low qualified bidder. Mr. Powell informed Council that another continuance would start to delay the change over of the sewer billing. Mayor Hotton stated she would reluctantly support the resolution because the system needed to get on line. VOTE ON RESOLUTION 18173: approved 3-0-1-1 with Padilia absent and Rindone abstaining. 18. RESOLUTION 18185 APPROPRIATING $12,000 FROM THE GENERAL FUND FOR SPONSORSHIP SUPPORT TO ELITE RACING, INC. FOR THE "TOUR DE SOUTH COUNTY" BICYCLING EVENT THAT WAS HELD ON JULY 16, 1995 - The Council/Agency conceptually approved sponsorship support for the 1994 Tour de South County Bicycling event. For the July 1995 event all parties agreed to provide in-kind staff support for the event. While a formal contract was never executed, the City does benefit from the event and it was staff's impression Elite Racing had acquired adequate corporate sponsorships and did not require funding. Elite Racing is requesting reimbursement in the amount of $12,000 in sponsorship support from the City. Staff recommends approval of the resolution. (Director of Community Development, Director of Parks and Recreation and Budget Manager) 4/5th's vote required. Chris Salomone, Director of Community Development, stated due to an apparent misunderstanding among the parties Elite Racing was asking for an opportunity to make the lobbying effort they would have had they understood that the event would not have been funded for 1995. Staff recommended retroactive funding of the event because in his experience events in their early years needed support. Staff was aware of the difficult fiscal times the City was facing and made the recommendation in hopes that in 3-4 years the event would be self supporting. Mayor Horton stated she supported the staff recommendation due to the benefits to the City. It was a family oriented event that drew a lot of media attention. · Tim Murphy, 10509 Vista Sorrento Parkway, San Diego, CA, representing Elite Racing Inc., stated the Tour de South County was a good event and brought people into the cottonunity. It was a family event and they felt it would continue to grow and benefit the Chula Vista Youth Coalition. He requested Council support of the resolution. · Dina Chavez, 315 Fourth Avenue, Chula Vista, CA, representing South Bay Community Services, stated Elite Racing had provided funding to the teen centers for after school programs. They also provided funding for alcohol and drug free dances for the youth in the community. She requested support of the resolution. RESOLUTION 18185 OFFERED BY MAYOR HORTON, reading of the text was waived. Councilmember Rindone questioned if staff or Council agreed to provide the $12,000 sponsorship. Mr. Salomone responded that sponsorship was not agreed upon. Staff was asking for the funding after the fact. Minutes January23, 1996 Page 12 Councilmember Rindone felt it was a big price to pay. $12,000 was the cost of all the part-time recreation aides throughout the City on an annual basis and Council had fought laboriously over funding at the time. Had the commitment for funding been made he would support it, but that was not the case. The City was facing extremely tight fiscal times and it was a for-profit company. Mr. Salomone clarified that the contract for the previous year stipulated that the City's name would be used on X number of entry forms that were spread throughout California, advertising would occur in various markets, i.e. milk cartons, shirts, etc., and other types of promotions of the event would occur. Because in 1995 Elite Racing assumed that they were funded they provided those services, but there was not a contract. When Elite Racing learned after the event that the funding had not been provided they asked to appear before Council. Councilmember Alevy stated as a past Parks & Recreation Commissioner they were involved in the event on an annual basis. He felt the event afforded the City tremendous exposure. It was the type of event the City wanted and he enthuastically supported the resolution. Councilmember Moot stated if it had been a different organization without a track record in the City he may have thought differently about the item. His instincts would normally be to agree with Councilmember Rindone. ESPN had covered the race which resulted in 30 minutes of coverage on "Road Race of the Month" which was free advertising. He felt a mistake had been made, but it was a premier international road race for Chula Vista and that Elite Racing deserved the benefit of the doubt. He strongly encouraged Mr. Murphy to get a clear understanding and consensus with the City for next year's race. Councilmember Rindone questioned how committed the Council was to expanding the after school recreation program to the middle schools for "latchkey teenagers". He requested a commitment from Councilmembers that they would be wiling to look at that proposal openly. Mayor Horton stated she would look at those types of partnerships as something the City would welcome and want to encourage. Mr. Goss requested clarification as to whether it would be a budget issue and how it would be different than what was presently going on. With the Youth Action program the City currently contracted with the YMCA for after school programs at the middle schools. Jess Valenzuela, Director of Parks & Recreation, stated the City currently had 2 or 3 after school programs at middle schools. Councilmember Rindone stated he was suggesting the expansion of that program; at least doubled or $12,000 worth. He felt he was hearing that commitment from Council and, therefore, would support the resolution. VOTE ON MOTION: approved 4-0-1 with Padilia absent. 19. RESOLUTION 18193 APPROVING AGREEMENT WITH RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES ON INTERSTATE 805, AND APPROPRIATING $550,000 FROM FUND 601-6010 FOR PROJECT TF147 - The proposed contract will retain Rick Engineering to prepare Preliminary Studies for Interchanges with 1-805 at Telegraph Canyon Road, East Orange Avenue, and Palomar Avenue. Such studies are required by Caltrans prior to construction of major projects with Caltrans right-of-way. The contract also provides that Rick Engineering prepare design drawings and specifications for the Telegraph Canyon Road Interchange if Caltrans concludes that the work does not require a Project Study Report. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Clifford Swanson, Deputy Director of Public Works/City Engineer, informed Council that the fund should be 621- 6210 in the staff report and resolution. RESOLUTION 18193 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with l~adilla absent. Minutes January 23, 1996 Page 13 20. RESOLUTION 18194 APPROVING ENCROACHMENT PERMIT NUMBER PE-355 FOR BANNERS PLACED ON STREET LIGHT STANDARDS IN EASTLAKE -EastLake Development Company has requested permission to mount cloth banners with metal brackets on the City's street light standards in the Community of EastLake Greens and along Otay Lakes Road adjacent to EastLake's development. Staff recommends approval of the resolution. (Director of Public Works) Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the agenda statement had incorrectly described the area, i.e. it was from the westerly subdivision boundary of EastLake. · Natasha Martinez, 900 Lane Avenue, Chula Vista, CA, representing EastLake Development, thanked staff for their help in processing the permit. Councilmember Alevy felt the banners would add a festive air. He questioned if there was any type of administrative approval of the banners. Mr. Swanson responded that one of the conditions of the encroachment permit was that a color and material sample board for each design had to be submitted to staff for review and approval prior to mounting. RESOLUTION 18194 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. 21. REPORT EASTLAKE PARK ISSUES - The report addresses an unresolved park issue associated with the processing of amendments to the EastLake Greens Public Facilities Financing Plan (as identified in the GDP/SPA Plan Amendment). The main focus of the report is to ensure that the community center identified in the EastLake Park Agreement is financed and constructed by the EastLake Development Company. Staff recommends the item be continued to the mectine of 2/6/96. (Director of Parks & Recreation) Continued from the meeting of 1/16/96. MSC (Alevyarlorton) to continue the report to the meeting of 2/6/96, approved 4-0-1 with Padilia absent. ITEMS PIlLLED FROM THE CONSENT CALENDAR Item pulled: 9. The minutes will reflect the published agenda order. OTHER BUSINESS 22. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss announced that a community workshop would be held on 1/25/96 at 7:00 p.m. at the Norman Park Center for the Smart Communities Project and a Council visioning workshop on 2/8/96 from 4:00-6:00 p.m. in the Council Conference Room. A Key Leader workshop would be held on 2/15/96 from 5:30-7:00 p.m. at the Norman Park Center. b. Department Head presentation: Finance; Planning; Nature Center, Fire; and Otay Ranch. Fire Department James Hardiman, Fire Chief, gave a brief background of his personal experience. He then reviewed the department's Mission Statement, samples of departmental goals, sample performance measures, and major accomplishments for the current year. Councilmember Moot referred to the memorandum from the Firefighters Union regarding the upgrading of safety equipment. He had been hearing about it over the last 34 months and felt Council needed definitive feedback from the Chief as quickly as possible as it dealt with the safety of the firefighters. It did not appear to be a large dollar amount issue, but one that Council needed to address as safety issues were of primary importance. Minutes January23, 1996 Page 14 Mr. Goss stated that when surveys were conducted they included eastern and mid-western cities that were more densely populated. The City staffed the engine companies according to needs. He agreed that the City's level of staffing and costs were less than found in even suburban cities in California. It was his understanding that the issue raised regarding the upgrading of safety equipment was an issue that was being worked on by the budget staff. It was like any other issue looked at in the budget, there needed to be sufficient justification before bringing it to Council. Mayor Horton felt it would be beneficial when Council reviewed the Fire Department budget that staff provide background information so Council could evaluate the need. She agreed that safety was of the utmost concern. Councilmember Moot requested that Council be supplied with a memorandum as soon as possible because it was an issue that needed to be dealt with. Mr. Hardiman clarified that the upgraded equipment was very worthwhile and significant and would improve communications, visibility, and operational efficiency. However, he wanted to make it clear that the present equipment, although not state-of-the-art, was safe equipment. The proposed upgrade was a significant improvement over the present equipment. Councilmember Alevy requested that when the Fire Department was brought back for consideration that there be a delineation of CIP requests and priorities. Councilmember Rindone noted that 7 lives had been saved due to the new defibrillators and requested that a letter be sent to the party that donated $25,000. He questioned what impacts were created on the Fire Department as a result of the American Disabilities Act. Mr. Hardinan responded that they did not anticipate any CIP costs as a result of ADA requirements. They had worked with the Building & Housing Department regarding the requirements for the fire stations. Certain jobs within the Fire Department were exempt from ADA guidelines. Finance Department Robert Powell, Director of Finance, gave a brief background of his personal experience. He then reviewed the department's Mission Statement, samples of departmental goals, sample performance measures, and major accomplishments for the current year. NatureCenter Steve Neudecker, Executive Director, gave a brief background of his personal experience. He then reviewed the Center's Mission Statement, samples of goals, performance measures, and major accomplishments for the current year. Councilmember Alevy recognized the Center for their extensive use of volunteers. Planning Department Robert Leiter, Director of Planning, gave a brief background of his personal experience. He then reviewed the department's Mission Statement, samples of departmental goals, sample performance measures, and major accomplishments for the current year. Mr. Goss stated the non-fee based programs required General Fund support so over the last several years there was an aRerapt to increase the percentage of departmental expenditures covered by fees. By doing that it impacted special studies that were not fee based. Feed back on that and priorities of those projects needed to be addressed by Council. planning issues such as Otay Ranch Plan Implementation, EastLake III, San Miguel Ranch, etc. had been accomplished. The framework for the community for the next 15-20 years would be set as those planning projects came before Council for approval. Councilmember Rindone referred to the organizational chart of the Planning Department and questioned the structure for the Otay Ranch Planning Division. Minutes January 23, 1996 Page 15 Mr. Leiter replied that the Otay Ranch Planning Division was within the Planning Department budget, but the manager of that division reported directly to the City Manager. Mr. Goss stated that structure had been established when they established the Otay Ranch Community Planning Project Team through the budget process and approved by the Council. It was done also in concert with discussions with the Baldwin Company in terms of the structure of the review of the planning process with the understanding that over time it would be absorbed back into the normal process of the Planning Department. That was one of the goals articulated by the Planning Department and the Otay Ranch Division. Councilmember Rindone stated he was surprised and did not fully understand the issue. He felt it needed to be further discussed by Council prior to the budget review. Those working in a department/division should report to the department head or else it should be a different department/division. Councilmember Alevy questioned if the GIS usage would be expanding within the Planning Department as well as other departments. Mr. Leiter responded that it was being utilized to update the General Plan and other applications and they felt that it would be widely utilized by other departments. One of the budget issues would be expansion of internal computer systems within the department for direct access to GIS. Otay Ranch Project Gerald Jamriska, Special Planning Projects Manager, gave a brief background of his personal experience. He then reviewed samples of goals, performance measures, and major accomplishments for the current year. Councilmember Rindone questioned the status of payments to the City from Baldwin. Mr. Jamriska responded that as of the present date they were in $220,000 in deficit. As of 1/25/96, when the next bill was due, they would be $310,000 in deficit. Baldwin anticipated a check being sent on Friday for the $220,000. Councilmember Rindone requested a memorandum to Council as to whether the payment was received. Mr. Goss stated there were two critical issues, i.e. the Sphere of Influence Study and the annexation of Otay Ranch. LAFCO would consider the Sphere of Influence Study at their next meeting. c. Mr. Goss stated MTDB requested permission to temporarily close Moss Street crossing for three days starting 1/24/96. The closure was to correct a problem with the track which created disruption with the trolley service. Traffic would be detoured to Naples. Because of the emergency nature of the work the City was not given the requested one week notice. Councilmember Rindone requested that Harborside Elementary School be notified of the closure. 23. MAYOR'S REPORT(S) a. Ratification of appointment to the Cultural Arts Commission - Sofia Salgado. MSC (Horton/Alevy) to ratify the appointment of Sofia Salgado to the Cultural Arts Commission, approved 4-0-1 with Padilia absent. b. Juvenile Justice issues. RESOLUTION 18198, IN SUPPORT OF GOVERNOR WILSON'S 1996/97 ANTI-CRIME AGENDA, OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. Minutes January 23, 1996 Page 16 24. COUNCIL COMMENTS Councilmember Moot · Councilmember Moot requested that staff contact Advocation Inc. and the League of Cities to make a concerted effort that before the state returned the fruits of the recovery to people in the form of a tax cut that they consider returning back to the cities the monies that had been taken in the past several years. Once that money was restored and the cities were back on the funding levels they were before the recession, then consider a tax cut. Councilmember Rindone · Reopening negotiations to consider elimination of City work furlough and returning annual pay reductions of 1.92% to affected employees on work furlough. Continued from the meeting of 1/9/96. Councilmember Rindone requested that the item be continued until a full Council was present. · Councilmember Rindone requested a status report regarding the City's Ethics program scheduled for 1/30/96 entitled "A Person of Character". Mr. Goss replied that in conjunction with discussions held with the Board of Ethics it was determined that it would be rescheduled to a more appropriate date. Councilmember Alevv · Councilmember Alevy requested an information memo regarding the library status in the eastern area of the City, i.e. longevity and the use of EastLake and what DIF monies were available for the building of another facility. · Councilmember Alevy stated Paseo Ranchero would be opening within the next two weeks between "H" Street and Telegraph Canyon Road. He noted that a school and park would be built in that area and it was only a two-way stop on "J" Street. He requested a report back from staff regarding future plans for traffic control in that area. ADJOURNI~iENT ADJOURNMENT AT 11:18 P.M. to the Regular City Council Meeting on February 6, 1996 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency convened at 11: 18 p.m. and adj ourned at 11:20 p.m. CLOSED SESSION Council did not meet in Closed Session. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · SNMB, L.P. vs. the City of Chula Vista. · Trinidad De La Rosa vs. the City of Chula Vista. 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Assessment District Delinquent Litigation. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8 · Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista, CA. Minutes January 23, 1996 Page 17 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 · Title: City Attorney CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - Closed Session was not held. by: Respectfully submitted, Vicki C. Soderquist, CM~uty City Clerk