HomeMy WebLinkAboutcc min 1996/02/06MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, February 6, 1996
4:18 p.m.
CALL TO ORDER
Council Chambers
Public Services Building
ROLL CALL:
PRESENT:
ALSO PRESENT:
Councilmembers Alevy (arrived at 4:42 p.m.), Moot, Padilia (arrived at 4:20
p.m.), Rindone, and Mayor Horton
John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: January 23, 1996 (City Council Meeting) and January 23, 1996 (Joint City
Council/Redevelopment Agency Meeting)
MSC (Horton/Rindone) to approve the minutes of January 23, 1996 (Council) and January 23, 1996 (Joint
Council/Redevelopment Agency) as presented, approved 3-0-2 with Alevy and Padilia absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Sofia Salgado - Cultural Arts Commission. The Oath of Office was administered by City Clerk
Authelet to Sofia Salgado.
b. Proclamation commending Hector Octavio Ortiz, Karate Junior World Champion Gold Medalist. The
proclamation was presented by Mayor Pro Tem Moot to Earl Everett on behalf of Hector Octavio Ortiz.
* * * Councilmember Padilia arrived at 4:20 p.m. * * *
c. Presentation on Resource Plan and Imperial lrrigation Negotiations by Mark Watton, Chair of the San
Diego County Water Authority.
Mr. Goss questioned if sea water conversion was an alternative.
Mr. Watton responded that the Metropolitan Water District was conducting studies. Some of the latest technology
was not proving out so it was extremely expensive. They were looking at that and wanted to be active in that area.
Mr. Goss noted that Mr. Watton was a member of the Otay Water District Board and had been cooperative and
supportive of the City's efforts to reach a long term working agreement between the two agencies. He thanked Mr.
Watton for his participation.
Mayor Horton referred to a newspaper article which stated the Governor was upset with what San Diego was trying
to do.
Mr. Watton replied that Governor Wilson was agitated with what the Metropolitan Water District was trying to do
which he felt was a reaction regarding the intra-state transfer. The Governor stated that water would not be
transferred out of state. It was San Diego's reaction to Metropolitan that if Las Vegas was in line to do a transfer
with Metropolitan for 30,000 acre feet San Diego should be given the first right of refusal.
d. Presentation of the Natural Resources Conservation Award from SDG&E. Paul Oberhaus, representing
SDG&E presented Council with the Natural Resources Conservation Award.
* * * Councilmember Alevy arrived at 4:42 p.m. * * *
Minutes
February 6, 1996
Page 2
e. Presentation by South Coast Harley Owners by David Beiber and Tom Horning regarding the Annual
Tijuana Toy Ride. Mr. Beiber stated the largest international toy run in the United States originated in Chula Vista
and went to Tijuana. There were of 3,000 bikes and 5,700 people. They thanked the City and the Chula Vista
Police Department for helping to make it a safe ride.
CONSENT CALENDAR
(Items pulled: 8 and 12)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was
waived, passed and approved unanimously.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that Council did not meet in Closed Session on 1/23/96. It is
recommended that the letter be received and filed.
b. Letter of resignation from Ken M. Clark - Economic Development Commission (Ex-officio). It is
recommended that the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office
and the Public Library.
c. Letter from Monica Montgomery requesting financial assistance to attend the 1996 California Association
Peer Helping Conference in Oakland, California. It is recommended that this request be denied.
d. Letter from Lily Garcia-Rico stating Meadowlark Avenue is in need of repair. It is recommended that staff
communicate with Ms. Garcia-Rico and assure her that the staff will be repairing her street in consideration of
overall City pavement priorities.
e. Letter from Dennis Mauricio, Director, Hilltop High Music Tech Ensemble, requesting financial assistance
for students to take trips. It is recommended that $500 of the Council Contingency Account be granted to the
Hilltop High Music Tech Ensemble in exchange for which the group will perform at two City events within this
calendar year.
6. ORDINANCE 2661 AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO APPLY THE
CITY'S CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO INDEPENDENT EXPENDITURES
COMMITTEES (second reading and adoption) - 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 second reading and adoption. (City Attorney)
7. RESOLUTION 18199 APPROVING REVISED AGREEMENT WITH THE COUNTY OF SAN DIEGO
FOR THE POLICE DEPARTMENT PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM
REMOTE ACCESS NETWORK - On 12/18/90, the City entered into a five year agreement with the County of
San Diego to participate in the California Identification System Remote Access Network (CAL-ID/RAN). The
agreement is presented again for approval due to the expiration of the term of the previous agreement on 6/30/95.
Staff recommends approval of the resolution. (Chief of Police)
8. RESOLUTION 18187 AMENDING THE FISCAL YEAR 1995/96 BUDGET AND APPROPRIATING
FUNDS FROM 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
Minutes
February 6, 1996
Page 3
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. Continued from the meeting of
1/23/96. Pulled from the Consent Calendar.
Councilmember Rindone questioned the amount budgeted for FY 1995/96 in the Public Liabilities Trust Fund.
Robert Powell, Director of Finance, responded that the trust fund was not budgeted annually. The dollar balance
prior to the settlement was approximately $594,000. The trust fund served as the City's public liability reserve.
The reserve was set up to ensure that the City and outside entities that looked at the fiscal status of the City and that
the City was in fact self insured to a certain extent.
Councilmember Rindone questioned if staff felt that the balance of $194,000 would not be sufficient for the balance
of the fiscal year.
Mr. Powell stated SANDPIPA recommended a reserve level of $1.2 million which was approximately a $250,000
base plus known outstanding claims which he estimated at $840,000 at the present time.
Councilmember Rindone questioned if the $840,000 represented potential litigation.
Teri Enos, Risk Manager, responded that it represented the outstanding claims reserve, i.e. what staff anticipated
the expenses to be for the claims received to date, both the attorneys expenses and claim payments.
Councilmember Padilia questioned if it was a special interest bearing account or if it was impacted by how much
Council allocated.
Mr. Powell replied that it was a reserve fund. Many entities had actuarial studies done every 1-2 years which
recommended how much should be in the reserve for prudent insurance purposes. The City's contractor had
recommended a level of $1.2 million. Staff' felt it prudent to reimburse the trust fund.
Councilmember Padilia questioned the impact of making it a regularly budgeted item.
Mr. Powell responded that per the City's agreement with SANDPIPA, it could be a cause for termination of the
agreement.
RESOLUTION 18187 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed
and approved 4-0-1 with Rindone opposed.
9. RESOLUTION 18200 AUTHORIZING PURCHASE OF OFFICE SUPPLlES FROM CORPORATE
EXPRESS THROUGH JULY 31, 1996 IN ACCORDANCE WITH CITY OF SAN DIEGO RESOLUTIONS
78462 AND 284802 AND APPROVING PARTICIPATION IN A COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF SAN DIEGO FOR PURCHASE OF OFFICE SUPPLIES IN FISCAL
YEAR 1996/97 - The City of San Diego has bid out office supplies and awarded a contract to Corporate Express.
A public agency clause in the contract allows the City of Chula Vista to purchase office supplies for identical terms
and conditions as the City of San Diego. The office supply contract will be rebid next fiscal year. Staff
recommends approval of the resolution. (Director of Finance)
10. RESOLUTION 18201 APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH
AMERICAN LEGION POST NUMBER 434 INC. FOR USE OF CITY PROPERTY AT EUCALYPTUS
PARK AND APPROPRIATE $27,600 FROM VARIOUS APPROVED CIP PROJECTS UTILIZING PARK
AND ACQUISITION FUNDS FOR CITY SHARE OF RENOVATING THE PARKING LOT - On 11/14/95,
Council approved the American Legion building expansion and proposal for a cost-sharing agreement with the
American Legion for parking-lot renovation. The Department was directed to negotiate an amended lease agreement
and a cost-sharing agreement with the Legion to renovate the parking lot and identify a funding source. Staff
recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required.
Minutes
February 6, 1996
Page 4
11. RESOLUTION 18202 APPROVING FIRST AMENDMENT TO AGREEMENT WITH SAN DIEGO
TRANSIT CORP. (SDTC) FOR FIXED ROUTE BUS SERVICE FOR THE PERIOD JULY 1, 1993 - JUNE
30, 1996 - The First Amendment exercises the City's option to extend the agreement with SDTC for two years,
from 7/1/96 to 6/30/98. Staff recommends approval of the resolution. (Director of Public Works)
12. RESOLUTION 18203 APPROVING CHANGE ORDER NUMBER 3 FOR THE MEMORIAL PARK
GYMNASIUM - PLUNGE - PARKWAY COMPLEX BUILDING RENOVATION IMPROVEMENTS,
PHASE I PROJECT (PR-162) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
ON BEHALF OF THE CITY - On 9/19/95, Council awarded a contract in the amount of $637,460.88 (including
contingencies) to Woodbum Construction Company for the renovation of the Memorial Park Gymnasium. Change
Order Number 1, which totals $48,299.98, incorporates revisions to the plumbing and electrical systems as well
as the removal of asbestos discovered during the demolition of the buildings. Staff recommends approval of the
resolution. (Director of Public Works) Pulled from the Consent Calendar.
Councilmember Moot stated the staff report indicated that the electrical problem had been brought to the attention
of the electrical engineer at the time the plans were drawn and that he was unwilling to design a new system as it
was not in his scope of work. He requested clarification of the statement. He had been confused as to whether it
had been a City employee.
John Lippitt, Director of Public Works, responded that during the development of the project staff determined there
was an electrical problem which was brought to the attention of the electrical engineer working for the architect and
he then determined that it was not in his scope of work.
RESOLUTION 18203 OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived, passed
and approved unanimously.
13. RESOLUTION 18204 ACCEPTING BIDS, AWARDING CONTRACT, AND APPROPRIATING
ADDITIONAL FUNDS FOR PURCHASE OF ONE NEW SEWER STEP VAN - The fiscal year 1995/96 sewer
budget provides for the purchase of one Forward Control Dual Rear Wheel Step Van for the sewer section of Public
Works. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required.
14. RESOLUTION 18205 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF TWO
BRUSH CHIPPERS - The fiscal year 1995/96 equipment replacement budget provides for the replacement of two
brush chippers for the Street Maintenance section of Public Works Operations. On 1/12/96, the Purchasing Agent
accepted bids for purchase of two brush chippers. Staff recommends approval of the resolution awarding the
contract to Altec Industries Inc. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING CONSIDERING AN AMENDMENT TO SECTION 19.54.020 AND ADDING
SECTION 19.04.197 TO THE MUNICIPAL CODE - On 10/17/95, Council passed an emergency ordinance to
exempt Residential Care Facilities for seven to twelve residents from having to obtain a Conditional Use Permit
when those residents have been determined to belong to a protected class as defined in the Federal Fair Housing
Law. Based on further analysis of the legal issues related to the matter, staff is recommending amendments to the
Municipal Code that would permanently exempt such uses from the requirement for a Conditional Use Permit,
provided that any such facility is located no closer than 1000 feet to another similar facility. Staff recommends
Council place the ordinance on first reading. (Director of Planning) Continued from the meeting of 1/9/96.
Minutes
February 6, 1996
Page 5
ORDINANCE 2659 AMENDING SECTION 19.54.020 OF THE MUNICIPAL CODE AND ADDING
SECTION 19.04.197 IN ORDER TO MODIFY THE UNCLASSIFIED USES REGULATIONS TO ALLOW
RESIDENTIAL CARE FACILITIES IN RESIDENTIAL ZONES AS A MATTER OF RIGHT (first readirm)
Mr. Boogaard stated staff recommended that the item be continued so they could follow AB 2927 which could grant
the City substantial federal relief on the issue. The City had a settlement agreement where the City was released
from any liability in a particular application.
Councilmember Moot requested that the matter be heard prior to a continuance.
Mr. Boogaard stated staff recommended Council defer action until 3/26/96 in order to see what course the federal
legislation took. March 261h was the ll9th day of the 120 day period the City had in the De La Rosa litigation
settlement agreement with which to take action to change the ordinance. In that agreement, the City promised to
consider in good faith a change to the ordinance, but if the ordinance was not changed the agreement would go away
at which time the City would have some exposure. He did not feel HUD would pursue litigation and it was safer
to have the benefit of the agreement until the City was sure that it was not needed. The first reading would be
brought back the last week of February with a second reading the week after so the 30 day period to effectiveness
would expire on March 26.
Councilmember Moot questioned the status of the City's ordinance during the interim period.
Mr. Boogaard replied that the City would still have a conditional use permit process. There were no pending
applications, but there had been a recent expression of interest.
Councilmember Moot stated he would support a continuance to see if the legislation would solve what he felt was
a significant issue. He requested that staff look at and analyze the "magic" of the number 12 in the eyes of HUD.
Councilmember Rindone stated nothing in the legislation pertained to the conditional use permit or the land use
processing which he felt was the heart of the issue. He was uncertain why the legislation would help the City
without dealing with those issues. If staff concurred with his concern, he wanted to know staffs intentions in
working with Mr. Bilbray's office to ensure that the local planning issue for conditional use permits was part of the
relief contained in the legislation. He questioned if the City deferred the first reading and the City had the CUP
process in place if there would be a violation of the case.
Mr. Boogaard stated the pending application which was the subject matter of a HUD complaint had already been
granted under the interim urgency ordinance. The period of the interim ordinance's validity had already expired
and the original CUP process would apply. Because the original application had been granted permits he did not
feel HUD would be motivated to take further action unless there was another pending case.
Councilmember Rindone referred HR 2927 to staff for review and to contact Mr. Bilbray's office regarding the
CUP process. He was concerned that many issues were brought to Council at the very last available date for action
and he preferred that not be done. He requested that the item be brought to Council at least one week in advance
so if there were further questions Council would not have to take immediate action.
Mr. Boogaard stated the first reading would have to be 2/13/96 in order to obtain the extra week requested. He
recomnaended that staff return after they had an opportunity to consider the item and see if the City wanted to avail
itself of the agreement. He felt the City may be able to obtain an extension from HUD or the principle of
substantial compliance would allow the City to have a first or second reading by 3/26/96.
Councilmember Padilia stated given the time constraints he was comfortable with the status quo until they knew the
disposition of HB 2927. He felt the legislation was quite broad and addressed all areas a CUP would consider.
If the legislation passed the City would not have to take any action.
Mayor Horton agreed with Councilmember Padilla's comments.
Minutes
February 6, 1996
Page 6
Councilmember Alevy requested that staff determine the status of the investigation by the CA League of Cities and
historical cases and decisions. He further requested that staff find out from HUD and the Department of Justice
the intent of their enforcement, i.e. were they going to enforce the same roles for all municipalities or were they
doing it selectively; was it based on population or area; or, was it based on existing units of a like use in a city.
He wanted to know if it was going to be a fair share situation if other cities chose not to take action.
This being the time and place as advertised, the public hearing was declared open.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, felt the
City was heading in the right direction.
MSUC (Padillatltorton) to continue the public hearing to a date deemed appropriate by staff.
16. PUBLIC HEARING DRC-94-24, APPEAL OF THE PLANNING COMMISSION DECISION TO DENY
THE INSTALLATION OF A 3 FOOT HIGH, 16 FOOT WIDE GATE ACROSS LA COSTA AVENUE
DIVIDING THE EASTLAKE GREENS NEIGHBORHOODS KNOWN AS MASTERS COLLECTION AND
BRISTOLWOOD, BREHM INVESTMENTS INC. ~ The appeal requests permission to install a 3 foot high gate
across La Costa Avenue to prevent continuous vehicular circulation between the EastLake Neighborhoods known
as Master Collection and Bristolwood, and reduce potential liability for Bristolwood homeowners. Staff
recommends approval of the resolution. (Director of Planning)
RESOLUTION 18206 DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY
THE INSTALLATION OF A 3 FOOT HIGH GATE ACROSS LA COSTA AVENUE, A PRIVATE STREET
WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY
MSC 0torton/Moot) to continue Item 16 to the meeting of 2/27/96, approved 4-0-1 with Alevy absent.
ORAL COMMUNICATIONS
· Bill Ayers, 44 East Mankato Street, Chula Vista, CA, representing American Legion Post 434 of Chula Vista,
thanked Council and staff for the agreement on the parking lot. He requested that Council consider a lease in
perpetuity for the American Legion.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
17. RESOLUTION 18207 EXECUTING AN AGREEMENT WITH EQUITAX FOR ENERGY AUDITING
SERVICES AND WAIVING THE BIDDING REQUIREMENTS - As part of the City's ongoing efforts to save
energy and cut costs associated with the City's energy usage, staff is recommending contracting with a utility
auditing firm to identify potential areas of savings through utility bill overcharges or rate structure changes. The
services are set up on a contingency basis, so there is no up-front cost to the City. Staff recommends approval of
the resolution. (Environmental Resource Manager)
MSC (Horton/Rindone) to continue Item 17, at the request of SDG&E, to the meeting of 2/13/96, approved
4-0-1 with Alevy absent.
18. 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
Minutes
February 6, 1996
Page 7
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. (Director of Parks &
Recreation) Continued from the meeting of 1/23/96.
Jess Valenzuela, Director of Parks & Recreation, stated staff supported items 1--6 under the City's counter offer and
that they be incorporated into the Public Facilities Financing Plan (PFFP).
· Bruce Sloan, 900 Lane Avenue #100, Chula Vista, CA, Vice-President, EastLake Development Company, hoped
the issue could be resolved at the meeting as he assumed that Council would discuss the item in Closed Session and
then report their action. EastLake held a community forum in order to address the issues presented in the press.
The residents questioned the need to build another gym next to what they viewed as their gym at the high school,
i.e. the site selected. EastLake had not taken a position on that, but felt it should be discussed in the future. They
also said the existing ball fields, parks, gym, and performing arts center shared a common parking lot which was
usually full. They were concerned that another gym would be built that would utilize the same parking lot. The
new plans did not include new parking and they felt it was something that should be looked at. He recommended
the following changes in the staff report: 1) Deal Point #3 - it was EastLake's position that it was the "obligation
of future PAD fees paid by EastLake Development Company and other development companies"; 2) Deal Point #4 -
should read "from EastLake and non-EastLake developments; 3) Deal Point #5 - all EastLake was concerned about
was the 'EastLake Greens community center obligation' as they felt they satisfied the EastLake Greens obligation
with regard to the community park, they did not dispute the fact that there were facilities that were yet to be built
in the park in the form of a gym and the community center -they felt there would be opportunities in EastLake III
for PAD fees to be used to help fund those facilities; 4) page 7 - middle paragraph, it was a neighborhood park in
the south half of the Greens that was yet to be developed, it was mapped and the pad was graded, it was 10 net
acres; 5) Deal Point #9 - whatever the outcome of the issue he hoped that there would be some certainty that people
were satisfied and that EastLake could continue with the development of the project without continually going back
to revisit the issue; 6) top of page 8 - EastLake was not asking under their last offer to have the City acknowledge
at the present time the fact that they had provided excess park acreage, they were asking that a mechanism be put
in place that would not require any interpretation as to what had happened, i.e. eliminate interpretation or gray
areas; 7) Fiscal Impact - EastLake was concerned that it could be interpreted that General Fund monies would be
utilized to build the community center - it was development funding those facilities through PAD fees versus the
City funding. Their original oft~r was that EastLake would commit the interest earnings on the deposit the City
held, i.e. $300,000 towards the construction of the community center and that would be the extent of EastLake's
obligations. The present offer had EastLake providing a significant PAD fee advance in an amount of $800,000
in principal and when escalated to the time the facility was built it would be in excess of $900,000. EastLake
requested that $500,000 of that be counted toward future park acquisition and development fee obligations. Their
present differences with staff dealt with how much of that would be credited toward PAD fees that EastLake would
be obligated to pay in the future. He felt the staff report indicated that EastLake had not moved very far or made
concessions and they felt it was the other way around. They had offered to give cash advances to fund a facility
they did not feel they were obligated to fund, they felt they had spent more than $2.6 million the Greens
Development Agreement obligated them to fund, and had offered to put another $300,000 in. That had not been
acceptable and they were presently at the point of offering to provide a PAD fee advance in the future of
approximately $900,000. If the Council's recommendation was to go to arbitration/mediation they would do so.
Mayor Horton questioned if EastLake was agreeable to items 1-6 of the City's counter offer.
Mr. Sloan replied that they supported EastLake's present counter offer which had additional provisions beyond items
1-6. It was his understanding that items 1-6 were a restatement of a portion of what they had offered. There had
been other conditions staff had not been in agreement with.
Mr. Valenzuela stated staff felt movement could be made on some of the issues that had not been agreed upon.
Councilmember Rindone felt one of the issues was about the obligation EastLake had in relation to the infrastructure
required for the project and the thresholds and standards.
Mr. Valenzuela stated the City had a Park Threshold in accordance with the Growth Management Threshold which
was three acres per 1,000 and the Park Dedication Ordinance Standard that established standards for population and
facilities, i.e. 20,000 individuals for every community center. Per the EastLake Park Agreement staff agreed to
Minutes
February 6, 1996
Page 8
accelerate the community park as a way of mitigating the loss of 5 acres when the area around the lakes was
privatized in 1990. It was a benefit to the City during the negotiations to realize a community center before
reaching the population threshold. EastLake at full buildout would be obligated to build a community center per
those standards.
Councilmember Rindone stated the 20,000 population threshold would compute to 2.9 per dwelling units. He
questioned how many units there were in EastLake I, Lakes & Shores; EastLake II, Greens; EastLake Ill, Hills,
Vistas, & Trails at buildout.
Mr. Sloan responded that it was 8,500-8,900 units.
Councilmember Rindone stated a community center would have been required for the entire project to meet the
standard and questioned if that had been negotiated.
Mr. Valenzuela stated he was not part of the negotiations, but he believed that it was the intent to accelerate the
community center knowing that it would be EastLake's commitment at buildout.
Councilmember Rindone stated that the threshold was exceeded that triggered the requirement for the community
center. If Council was to mitigate that obligation it would be changing the threshold standard that was understood
at the beginning of the negotiation process.
Mr. Sloan stated when EastLake embarked on the EastLake Greens project and the original park agreement was
done, there was a community center and gym envisioned to be about half of the present size. The original cost was
about $500,000 and it was presently $1 million. The cost increase was not due to inflation, but because the size
of the facility was increased. That decision was made in 1991 and EastLake was not concerned at that time because
they felt they had a Greens Development Agreement that kept their obligation to $2.6 million. When the City
enlarged the project they felt it was a development obligation of future development beyond the Greens project.
They felt they had an agreement with a CAP.
Mr. Boogaard stated he did not recommend that Council issue a decision from the dais but that Council instruct staff
on how to negotiate and staff would then meet with the developer. Council would discuss the item in Closed
Session but there would not be any announcements made from the dais.
1TEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 8 and 12. The minutes will reflect the published agenda order.
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
· Mr. Goss stated the City had been invited on 2/9/96 by Laidlaw to observe their new pod system of trash
collection.
· Mr. Goss stated a Council worksession on the Smart Community was scheduled on 2/8/96 at 4:30 p.m. The
BECA Launch was also scheduled on that date and there was a question as to whether there would be a conflict
between the two.
Jim Thomson, Deputy City Manager, stated a Community Leader Workshop for the Smart Community Program
had been scheduled on 2/15/96 so that date was not available.
Mayor Horton questioned if the Community Leader Workshop was similar to the presentation that would be given
to Council.
Minutes
February 6, 1996
Page 9
Mr. Thornson stated the worksession was to obtain the Council's input early in the process. The Council could
attend the 2/15/96 meeting at 5:30 p.m. at the Norman Park Center.
Councilmember Padilia preferred that the workshop be rescheduled with staff polling Council.
Councilmember Moot stated he preferred to cancel the worksession.
Mr. Thomson stated it was his understanding that there was a consensus among Council to not schedule a separate
meeting, but to combine the Council worksession with the 2/15/95 Leadership Workshop.
19b. Mr. Goss informed Council that LAFCO adopted the new Chula Vista Sphere of Influence. The Sphere
determined the ability of a city to serve the area, it did not mean that it would be annexed. The annexation process
would be next.
Mayor Hotton stated that some of the members that voted against the Sphere of Influence were not voting against
the project going into the City's sphere, but the fact that the City was leaving out a portion they felt should be
included. The 60 day delay would give the City and County the opportunity to address the County's concerns.
Councilmember Rindone requested a map outlining the corridor with a report from staff on how the City planned
to proceed.
19c. Mr. Goss stated the Port invited the four Southbay mayors and city managers to talk about the funding for
the San Diego convention center expansion. The Port had offered $4.5 million for 20 years, but all of the city's
resources and Port's resources would not fund the project. There was an effort by the Port to vote and approve
agreements that would: 1) create a rent stabilization reserve from Port funds for the City of San Diego; 2) provide
for the Port to pursue a hotel and, if they did not, there would be a loan of money to the City of San Diego of $4.5
million; and 3) elements of the MOU that were beneficial to the Port and put more of a negative burden on the City
of San Diego. It was a complicated arrangement and the city representatives had not had an opportunity to analyze
the proposal. After heating the cities concerns the Port agreed to continue the item to 2/14/96. Staff would review
the issue and keep Council updated.
20. MAYOR'S REPORT(S)
a. Ratification of reappointment to the Civil Service Commission - James Monaghan.
MS (Horton/Moot) to ratify the reappointment of James Monaghan to the Civil Service Commission.
Councilmember Rindone questioned if it was a Council appointment to the Civil Service Commission.
Ms. Authelet informed the Council that the vacant position was a CVEA appointment.
VOTE ON MOTION: approved unanimously.
21. COUNCIL COMMENTS
Councilmember Rindone
a. 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 1/23/96.
Councilmember Rindone questioned if the issue should be considered in public or Closed Session.
Mr. Boogaard stated it was his recommendation that it be discussed in Closed Session given the fact that Council
could be giving instructions to negotiators.
Minutes
February 6, 1996
Page 10
b. Councilmember Rindone stated there was a ground breaking ceremony on 2/14/96 at 11:00 a.m. for the tri-
partnership for the new adult school that would be built at the trolley station at 24th Street and Wilson. It was a
partnership between MTDB, Sweetwater Union High School District, and the Redevelopment Agency of the City
of National City.
c. City participation in Hire-A-Youth program.
· Judi Adams, Vista, CA, Campaign Manager, 1996 Hire-A-Youth Campaign, informed Council that federal
funding had been cut for the Summer Jobs for Youth Program. Last year 434 youth from Chula Vista had jobs
through the Hire-A-Youth Campaign and 37 of those worked for the City. 4,000 jobs for youth would be raised
through the public/private partnership. She requested that the City provide jobs for 37 youth, $1,270 per youth,
for six weeks of work, 30 hours per week.
Councilmember Rindone stated he wanted to refer the request to staff to review options. He questioned when a
commitment needed to be made.
Ms. Adams responded that they would like to know within two weeks, the deadline would be 3/1/96.
MOTION: (Rindone/Horton) to refer to staff to review the financial and operational opportunities for 37
positions for the Hire-A-Youth Program. Staff to return in two weeks.
Mr. Goss stated Council needed to be aware that it could be more than financial issues, i.e. the Parks & Recreation
Department had operational concerns in the past.
VOTE ON MOTION: approved unanimously.
Councilmember Rindone requested that information regarding the Hire-A-Youth Program be included in the
rebroadcast of the Council meeting.
ADJOURNMENT
ADJOURNMENT AT 8:03 P.M. to the Regular City Council Meeting on February 13, 1996 at 6:00 p.m. in the
City Council Chambers, Public Services Building.
A Joint Meeting of the City Council/Redevelopment Agency convened at 6:17 p.m. and adjourned at 6:22 p.m.
A Special Joint Workshop/Meeting of the City Council/Redevelopment Agency convened at 8:14 p.m. and adjourned
at 9:25 p.m.
CLOSED SESSION
Council recessed at 6:17 p.m., met in Closed Session at 6:22 p.m. and reconvened at 8:03 p.m.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Existing litigation pursuant to Government Code Section 54956.9
· Estate of Leo Albert.
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash
litigation).
· Trinidad De La Rosa vs. the City of Chula Vista.
Anticipated litigation pursuant to Government Code Section 54956.9
· EastLake Development Company prospective mediation regarding EDC's park obligations.
· Anticipated foreclosure proceedings on various assessment districts.
Minutes
February 6, 1996
Page 11
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.
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.
23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed
Session.
by:
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Vicki C. So~lerquist, C~puty City Clerk