Loading...
HomeMy WebLinkAboutcc min 1996/04/09MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 9, 1996 6:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia (arrived at 6:07 p.m.), Rindone, and Mayor Hotton (arrived at 6:20 p.m.) 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: March 26, 1996 (City Council Meeting) and March 26, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency) MSC (AlevyfRindone) to approve the minutes of March 26, 1996 (City Council Meeting) and March 26, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency) as presented, approved 3-0-2 with Padilia and Horton absent.. 4. SPECIAL ORDERS OF THE DAY: a. Lori Saldana, Chair, Sierra Club, presented the 'Community Activism Award" to the Mayor and Council. b. Michael Moore, Ph.D., Commissioner, California Energy Commission, presented the 1995 ACES Award (Assuring Compliance with the Energy Standards). Mr. Moore recognized Ken Larsen, Director of Building and Housing, and his staff. c. Proclaiming the month of April 1996 as "WalkAmerica for Healthier Babies Month." The proclamation was presented by Mayor Pro Tem Moot to Lisa Harter, WalkAmerica Coordinator. d. Proclaiming the month of April 1996 as "Fair Housing Month." The proclamation was presented by Councilmember Rindone to Mary Knoll, Executive Director of the Fair Housing Council of San Diego. The following essay contest winners from Bonita Vista High School read their essays: first place - Ute U Werner; second place - Mauri Napolotano; and third place - Arturo Castro. e. Sunny Shy, Deputy Director of Parks and Recreation, presented an update on activities planned for the Chula Vista Expo '96 to be held on Saturday, April 13, 1996, 10:00 a.m. to 4:00 p.m. at Marina View Park. f. Proclaiming the week of April 14 through April 21, 1996 as days of remembrance for the victims of the Holocaust. Councilmember Alevy stated it was important to never forget that there was a time when the negative things that took place in Europe during the Nazi regime were allowed to take place and that everyone should strive to make sure that those things never again took place. The proclamation would be mailed to the Holocaust Museum in Washington, D.C. CONSENT CALENDAR (Items pulled: none) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved unanimously. Minutes April 9, 1996 Page 2 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no reportable actions taken in Closed Session on 3/26/96. It is recommended that the letter be received and filed. b. Letter of resignation from Amira Walker o International Friendship Commission. 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 2668 AMENDING CHAPTER 10.80 OF THE MUNICIPAL CODE RELATING TO ABANDONED VEHICLES lsecond reading and adoption) - Chapter 10.80 of the Municipal Code establishes specific requirements and procedural steps for the abatement and removal of wrecked, inoperable, or abandoned vehicles from any private or public property, not including highways. In order to improve the City's code enforcement capabilities, staff is recommending manor changes to Chapter 10.80 to streamline the process and to ensure compatibility with the 1995 California Vehicle Code. Staff recommends Council place the ordinance on second reading and adoption. (Director of Building and Housing) 7. RESOLUTION 18246 ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT GRANT FUNDS FOR THE PURCHASE OF LIBRARY REFERENCE RESOURCES, APPROPRIATING FUNDS AND AMENDING THE FISCAL YEAR 1995/96 BUDGET - For the sixth consecutive year the California State Library has approved the Chula Vista Public Library's application for Major Urban Resource Library funds. The fiscal year 1995/96 grant amount is $12,032. The funds will purchase current business and financial services as well as enhance the career and job seeking materials collection. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 8. RESOLUTION 18247 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 25, 1996, FOR A 5K/10K ROAD RACE SPONSORED BY THE BONITA ROAD RUNNERS - The Bonita Road Runners organization is requesting permission to conduct their 12th annual 5K and 10K road races around Rohr Park on Saturday, 5/25/96, and anticipate approximately 450 participants. The event would start at 7:30 a.m. and streets will be cleared by approximately 9:30 a.m. Temporary street closures will result in temporary traffic delays on Willow Street and Sweetwater Road. The north bound lane of Willow Street will be closed to vehicular traffic during most of the race to allow race participants a better corridor of safety as they cross the Willow Street bridge. The Police Department will monitor traffic and allow single lane traffic flow both north and south bound on an alternating basis. Sweetwater Road will be closed temporarily to allow for the start of both races. Staff recommends approval of the resolution. (Chief of Police and Director of Parks and Recreation) 9. RESOLUTION 18248 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 1996/97 AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The agreement authorizes the City to claim $105,799 in County TDA Article 4.0 funds for transit service in the unincorporated County area. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING IMPROVEMENT OF FOURTH AVENUE BETWEEN KITTIWAKE LANE AND CHULA VISTA ADULT SCHOOL - On 5/14/91, Council approved agreements with 13 affected property owners along both sides of Fourth Avenue between Kittiwake Lane and Chula Vista Adult School. Said agreements granted public street easements to the City for the construction of the improvements and required a public hearing be held upon completion. Staff recommends Council hold the public hearing and authorize the recordation to street easements. (Director of Public Works) Minutes April 9, 1996 Page 3 Clifford Swanson, Deputy Director of Public Works/City Engineer, informed Council that the construction was complete, all conditions met, and staff recommended recordation of the agreements. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public heating was declared closed. Councilmember Rindone questioned the status of the property that did not participate in the upgrade program. Mr. Swanson responded that a temporary asphalt sidewalk and berm was constructed so it would be safe for the school children to walk through the area. If the property owner desired to upgrade the property with a building permit they would be required to conform with the City ordinances which would require dedication and improvements. Councilmember Rindone questioned if there was a change of ownership if the City would consult with the new owner to see if the project could be completed. Mr. Swanson responded that the project was complete and the budget closed. It would require a new project and the efficiencies of mass construction would be lost. Councilmember Rindone felt it could be a stand alone project or tied in with another project. The section should be completed if there was an opportunity. MSUC (Rindone/Alevy) should there be a change of ownership of the parcel, staff would review the completion of the upgrade of improvements on Fourth Avenue. MSUC (Padilla/Alevy) to direct staff to record the street easements for the improvements of Fourth Avenue between Kittiwake Lane and Chula Vista Adult School. ORAL COMMUNICATIONS · Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, invited the Council and public to the Miss Chula Vista contest on April 13th, 7:30 p.m. at Hilltop High School. * Alejandra Wallace, 202 D Otay Valley Road, Chula Vista, CA, declined to speak when called to the dais. · Robin Motin, 1743 Rios Avenue #D, Chula Vista, CA, was not present when called to the dais. · Sheryl Lawrence, 1743 Rios Avenue #D, Chula Vista, CA, was not present when called to the dais. · Angela Daugherty, 202 D Otay Valley Road, Chula Vista, CA, stated her fiancee, Leon Rivers, had been assaulted on 12/14/95 in front of their home and subsequently died. She expressed her concern that charges had not been filed against anyone in the death and the lack of cooperation she had received from the County District Attorney's Office and the Chula Vista Police Department. · Shirley Ann Johnson, 202 D Otay Valley Road, Chula Vista, CA, stated Leon Rivers had died for a "stupid" reason and that the man that assaulted him should be put in prison. · Rick Daugherty, 1057 Third Avenue, Chula Vista, CA, stated he was an ex-felon and was presently trying to be a positive role model for youth. For children to see that a crime could be committed, with witnesses, and then be told that nothing would be done sent a wrong message. He felt there should be a fair chance and that the man should go to trial. Ms. Daugherty had been told that there was a "self defense law." He had been told previously that there was no "self defense law" which was a conflicting message. Youth needed reassurance from those in authority that the justice system worked. · Trill Johnson, 202 D Otay Valley Road, Chula Vista, CA, was not present when called to the dais. Minutes April 9, 1996 Page 4 Mayor Hotton informed Ms. Daugherty that staff would investigate her allegations. · Sam Jones, 1042 Fifth Avenue, Chula Vista, CA, representing Sarah L. Cottrell, owner of property at 1042 Fifth Avenue, stated Ms. Cottrell had been involved in a con-game which she felt involved a member of the Chula Vista Police Department and two inspectors from the Chula Vista Building and Housing Department. She had taken her case to court, SB2523, and won, but during that time her building permits had expired. He requested that her building permits be reissued at no further cost. Mayor Horton requested that Mr. Jones schedule a meeting with her in order to investigate his concerns. Mr. Jones stated he had previously contacted the Mayor/Council secretary and the City Manager's Secretary in an effort to set up a meeting. · Jeannett Turner, 1500 Third Avenue #89, Chula Vista, CA, representing Amswede Recycling, stated that South Bay Recycling/Paul Brown Recycling had been operating since 5/8/95 at 120 Reed Court without a proper land use permit or a business license. They had been given a cease and desist order and they continued to do business at the location and she had been informed that South Bay Recycling/Paul Brown Recycling would be allowed another 90 days to operate. She questioned where in the City ordinances it allowed any business to operate in violation of State and City laws. A representative of South Bay Recycling/Paul Brown Recycling had threatened a City representative and nothing had been done. She requested that Council take immediate action regarding the situation. Mayor Horton stated that staff would look into the matter. Mr. Goss stated it had been Council's policy in the past, when an issue was brought forward during Oral Communications and the background information was not available, to refer the item to staff for a report back to Council. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS ll.A. ORDINANCE 2669 AMENDING CHAFFER 3.48 OF THE MUNICIPAL CODE TO PERMIT THE REFINANCING OF REGIONAL UTILITY PROJECTS UPON A FINDING OF CITY BENEFIT (first readimz) - San Diego Gas & Electric (SDG&E) has requested that the City take the necessary steps to become legally able to assist them in refinancing two Industrial Development Bonds, similar to fmancing the City did for them in 1992. Staff recommends Council place the ordinance on first reading and approve the resolution. (City Attorney and Director of Finance) B. RESOLUTION 18249 SETTING A REFINANCE PARTICIPATION FEE AT .25 PERCENT OF THE PRINCIPAL AMOUNT FOR THE PROPOSED SDG&E INDUSTRIAL DEVELOPMENT BOND REFINANCING, PAYABLE AT THE TIME OF ISSUE Mr. Boogaard informed Council that due to implications of legal impropriety, he had scheduled the item for Closed Session. He did not feel a Closed Session was necessary because the refinancing of another entities debt had not been legally tested in the past. The main authority that the City of San Diego would have would be one of delay that could make it uneconomical for SDG&E to proceed to use the City of Chula Vista's issuing authority. SDG&E was willing to go forward with the present step, which was nothing more than giving the City the authority to do a cross refinancing issue and would reserve until a later time the actual decision to retinanee a particular bond issue. It was the City Attorney's and Finance Director's recommendation to go forward with the ordinance amendment and if it became appropriate to use the authority in the future, it could then be tested in a validation action given the willingness of all parties involved. Minutes April 9, 1996 Page 5 Mayor Horton stated the letter from the City of San Diego indicated that if the City continued, the City of San Diego had identified legal options available. Mr. Boogaard stated he had contacted the City of San Diego and had been told that they did not have any specific theories in mind. He felt the only legal option would be a non-legal power play of delay by litigation. That could damage SDG&E's time frame which would make the City of Chula Vista non-competitive in the market place for issuance of those bends. It was SDG&E's will to have the City of Chula Vista get the refunding authority. Staff also felt that the legislation should be on the books. Councilmember Padilia noted that in the proposed administration, the City would not charge an annual administrative fee which was probably one of the reasons the City could be more competitive. In light of the low risk and potential for a revenue stream the Council should consider the item provided that there was assurance that the risk was low. Mr. Goss stated that the City of San Diego would only take action when the City of Chula Vista took substantive action. The present action was only the procedural framework to put the City in the position to take advantage of such offerings. It was his conclusion that the present action would not provide any legal framework to attack the City. Councilmember Rindone stated he supported the proposal as SDG&E had been a partner with the City in the past. SDG&E would reimburse the City for any staff costs and administrative expenses associated with the process whether or not the City proceeded. ORDINANCE 2669 PLACED ON FIRST READING AND RESOLUTION 18249 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Councilmember Moot requested that staff explain what a limited obligation revenue bond was and how it would affect the City. Robert Powell, Director of Finance, responded that security for bond payments was based strictly on the loan payments from SDG&E. The full faith and credit of the City would not be in questionas the City would be a conduit issuer. Councilmember Moot questioned what would happen in the event of a default. Mr. Powell replied that in the event of a default the bond holders would only look to SDG&E. There was no risk to the City. VOTE ON ORDINANCE 2669 AND RESOLUTION 18249: approved unanimously. 12. RESOLUTION 18250 DEFERRING AND CANCELING, AS IMPRACTICAL, THE SPECIAL RUNOFF ELECTION FOR SEAT NUMBERS 3 AND 4 FOR THE FOUR YEAR TERM ENDING DECEMBER, 1996 FOR SEAT NUMBERS 3 AND 4 - The preliminary official results of the 3/26/96 elections indicate that no single candidate secured the necessary majority of votes required to be declared a winner in either seat for either the Short or Long Term. There will be a need for a one runoff election for the Long Tenn. Staff recommends approval of the resolution deferring and canceling a special runoff election for the Short Term. (City Attorney and City Clerk) Councilmember Moot questioned if it would be appropriate for him to abstain from participation because he was directly affected by the resolution. Mr. Boogaard stated he did not see a legal conflict but a councilmember could abstain from participation for reasons aside from legal conflicts. If Councilmember Moot felt he might be biased in making a decision it would be appropriate to abstain. All four prospective candidates had concurred that they were willing to waive the run-off election for the short term. Minutes April 9, 1996 Page 6 Councilmember Moot stated because the City Attorney did not see any legal reason for him to abstain, he would participate in the item. · Bill Ayers, 44 East Mankate Street, Chula Vista, CA, stated he supported the staff recommendation but noted there was an alternative available, i.e. calling a special election in July. If a special election was called he recommended a mail-in ballot. Councilmember Rindone stated there were several options available and Council was trying to mitigate the expenses to the City. It was unfortunate that the Council did not address the issue in the past when they had the opportunity. Proposition F which was passed by over 72% would help to reduce such situations in the future, but would not totally eliminate such a situation. Council had not provided an opportunity for the public to vote on a plurality for short term elections of less than one year. When Proposition J was passed by the voters the City did not have run- off elections. A proposition should have been placed on the ballot. If both appointed officials were willing to vacate their seats, Council could appoint the elected officials for the short term. He felt that was an acceptable option. If that did not occur, he felt the resolution needed to be supported because the cost of a special election would be in excess of $190,000 which was unacceptable. A mail-in ballot was not an option becaus~ it was prohibited by the City Charter and would have to go before the voters. He hoped everything possible would be done to increase the opportunity of having elected officials serving on the Council. Councilmember Moot stated it was apparent that Councilmember Rindone's suggestion put him in a direct conflict of interest in participating and voting on the item since he did win the short term election by four percentage points. Should he vote on the item he would immediately become an elected official and he did not feel that would be fair to his opponent. Therefore, he would abstain from participation. Mr. Booguard responded that there was no legal conflict, but that was not to say that if a councilmember felt bias in making a decision for self interest that they should not participate in a governmental decision. He did not believe that there was any legal conflict which was defined as having some financial interest in the outcome of the decision. Income from a governmental entity, such as council salary, was not a valid income source to constitute a conflict of interest under the Political Reform Act. However, that was not to say that any councilmember that felt bias or unfairness in the process should not stand down from participating in a decision. Councilmember Moot was totally within his rights to not participate if he felt he should not do so. Councilmember Moot felt it would be fundamentally unfair for him, after knowing the election results, to make a decision that would make him an elected official. He did not feel that was an appropriate act. RESOLUTION 18250 OFFERED BY MAYOR HORTON, reading of the text was waived. Councilmember Rindone stated the reason he made the suggestion for the appointed officials to step down was because it was an option before Council and, if they did so, it was congruent with the philosophy that he had encouraged, i.e. that elected officials serve whenever possible, regardless of anyone's personal preference. Not hearing the dual resignation, he would support the resolution as the next best option. Councilmember Padilia stated the most practical resolution of the issue was to support the resolution in order to save the expense and to not make an absurdity of the shortness of the term. The Council had addressed the issue of the short and long terms and what predicament they would find themselves in if they had not taken the opportunity previously to allow the candidates in the short term to be seated based on a plurality while requiring that the winner of the long term receive a majority of votes. That would have assured that those occupying the seats for 7-9 months would have been elected versus appointed. It would have been a deviation from previous policy and Proposition J, but it was within the Council's power to put that on the ballot for the voters to decide. It was his position then and now that Council should have given the voters the opportunity to make that decision. He felt the Council needed to apologize to the voters that cast a ballot for a short term candidate because with the proposed action, the votes were null and void. He felt that was totally inappropriate. Only in one seat would the incumbent continue as an elected official. There was a victor in the other seat who was elected and would not fill the seat for the short term. The Council was not being consistent and had denied the people's right to determine who would sit on the Council. The situation should not occur in the future and the Council should take responsibility for the situation. Minutes April 9, 1996 Page 7 Mayor Horton stated the voters had passed Proposition J in 1992 which required that the elected officials obtain more than 50 % of the votes before they were elected. She did not feel comfortable placing a proposition on the ballot asking them to do otherwise after they had already spoken. VOTE ON RESOLUTION 18250: approved 3-0-0-2 with Aievy and Moot abstaining. 13. RESOLUTION 18251 APPROVING AMENDMENT TO AGREEMENT WITH THE COUNTY OF SAN DIEGO AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP IMPROVEMENT PROJECT - On 10/3/95, Council approved an agreement with the County of San Diego and Southwestern College. The estimated cost of the Southwestern College Bus Stop Improvement Project is $1,350,000. The County has designated $900,000 for the project, leaving a shortfall of $450,000. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Mr. Goss stated one of the concerns expressed by members of the Council was the amount of time it had taken to reach a decision on a site and the possible increased cost of the project. The County, rather than City staff, was involved in the actual execution of the CIP project. As a result, the County put in factors, when taken as a total, made the overall cost higher than it was 2-3 years ago. The County used a standard of 20% for administration and inspection costs for all construction projects, but most projects did not expend the 20%. He hooped that it would be closer the amount set aside by the County and others in the past. Councilmember Alevy stated he had not participated in past discussions regarding the project, but as a citizen in the area he had listened to past discussions. He had the same concerns at the present time as he had then. The buses going in and out of the College on Otay Lakes Road impacted the residential areas east of the College. There was an open field which he felt would be an option and would result in fewer impacts to the residential areas and would be easier to get in and out of. He also did not understand why the City would pay for soundproofing for the College. It was important to have a transit center and the College was an excellent place because it was a focal point for the eastern part of the City. The proposed location served the students very well, but did not serve the populous in the area and created more of an impact due to the wider turns that had to be made. He was also put off by the presumptuous tone of the letter, i.e. the assumption that the Council would agree with the Board. He was opposed to the location of the center not the project. Councilmember Padilia shared many of Councilmember Alevy's concerns. He questioned how much examination had been given to the benefit Southwestern College would receive from the location and completion of the project. He further questioned the number of students that would utilize that transportation. He requested information regarding any fiscal commitment the College had made, how the County spent $270,000 on planning and design work, and why the City should pay to soundproof classrooms. William Gustafson, Transit Coordinator, replied that staff had been working on the project for six years. The plan brought to Council 2-3 years ago was sited on Otay Lakes Road. That plan had considerable design work done. When that site was not approved by Council several years were spent in looking at alternative sites and going through a planning process with the community, Council, and College. Therefore, there had been considerable staff and consultant time spent on the project. The College had never made any financial commitment to the project. They had proposed to contribute the land, maintenance of the site once built, and utilities. Councilmember Padilia questioned if there was an estimate as to what those costs would be for the College. He felt that information would help Council to look at the equity of the deal. Mr. Gustafson responded that staff did not have those figures. There was a mutual benefit to the project, as the transit system carded 800-900 students on a weekday, so there was a substantial benefit to the College from the bus service. The facility was not essential to the service, but would enhance the service and give the system more flexibility for future service as the eastern part of the City developed. The transit facility would allow a terminus point and turn around point without running buses through the residential areas. Minutes April 9, 1996 Page 8 Councilmember Padilia stated he appreciated the time and effort and was sold on the value of the transfer site, but he was not comfortable with the deal without more information as to where the money went. He felt the City was shouldering the majority of the burden and not getting a lot in return. Mr. Gustafson stated the site at "H' Street and Otay Lakes Road was one of the first sites presented to the College and had been rejected at that time and again two years ago. It was his understanding that they had future plans for that site. The College was also concerned that it was quite a distance from that location to the campus. It would make access to the campus difficult, particularly for disabled students. Councilmember Alevy felt the distance should be dismissed when compared to other campuses. If the argument was that there was a difference in elevation for handicapped students then he felt it was valid. He did not agree with the element in the contract, Item C, page 13-17, because it was not impossible that the College could deem that it was no longer mutually agreeable to them. He was opposed to spending $500,000 of the City's funds without an ironclad agreement to protect the City. Councilmember Moot questioned what the $450,000 in TDA funds was earmarked for before it was put into the proposed project. He further questioned what other projects the funds could be utilized for if the project was not approved. Mr. Gustafson responded that it was part of the TDA balance and not earmarked for anything. In the future the funds could be used for bus replacements or anything along those lines. In the proposed transit budget, staff had programmed replacement for 9 buses next year and funds for the hydrogen bus demonstration program and there was still a balance in the TDA funds. Councilmember Moot questioned if Southwestern College had a preferred site, the City agreed with that location, and that was' how the present site was determined. Mr. Goss stated there was an agreement for a preferred site but that agreement fell apart. Other alternatives were then evaluated. At that time them was an impasse regarding a site which led to a chilling of relationships between the Board and Council. Only recently had all three entities come together on the proposed site. Councilmember Moot stated it was unfortunate that so many Councilmembers had not participated in the discussions. He felt if they had more background information they may have felt differently. He questioned if at any time it was anticipated that the City would spend $450,000 for construction of the center. Mr. Gustarson replied that the original site on Otay Lakes Road was estimated at $1.2 million and the County had stated they would contribute $900,000. The City would contribute up to $250,000 of TDA funds. The project cost was an estimate from the County and contained a number of contingencies. The inspection fee would be on a direct charge basis, so he felt that estimate was high. Mr. Goss stated the amount from the County had remained constant, but because of the agreement and disagreement, a large amount of planning had been done and some of the money set aside had been spent. Because of the delay of the project, the $900,000 set aside by the County was vulnerable, i.e. the County could have redistributed those funds to another project. He hoped the project would be under the estimated costs and the amount of the shortfall the City would have to pick up would be less than $450,000. Councilmember Rindone stated other than the Bayfront there was no other project that had been discussed more than the proposed project. The coneeras expressed were legitimate, but there was no agreement that would ever totally satisfy all three agencies. He then gave a brief history of the project. He felt it was time to move forward and to not do so would only contribute to higher costs. Them had been a lot of give and hike by beth the College and the City. If not approved there was no guarantee that the County money would be available in the future and there was a need for improvement of transit in the eastern area of the City. The College had donated the land, the cost of on-going maintenance, the cost of on-going utilities, and the inconvenience the center would create at the College. The location may be the best for the students and encourage more students to utilize mass transit. An additional advantage was increased security for the transit system because of its location at the College. Any delay could doom the project or result in higher costs. He noted that it was no longer referred to as a transit center, but as the Southwestern College bus improvement project. Minutes April 9, 1996 Page 9 Mayor Horton stated she concurred with Councilmember Rindone's comments and felt the project should be approved. RESOLUTION 18251 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Councilmember Moot stated he did not know if it was the right site and felt he needed more information before deciding whether to commit $500,000 of the taxpayers money. He was willing to be educated, but agreed that the letter from the College assuming that the councilmembers that had not participated in past discussions would follow the College's action did not apply to him. He was not prepared to spend that large amount of money without more information. Mayor Horton questioned if a one week delay would create any problems. Mr. Lippitt stated they hoped to have the project built during the summer recess so there would not be a major impact on the students. · Steve Ron, Senior Transportation Specialist, Department of Public Works, County of San Diego, stated the delay could cause a problem as the College Board was taking action on the item on 4/10/96 and their next meeting would not be until the middle of May. A delay until the middle of May could affect their advertising timetable where they would miss the start of June for construction and push it back into July so the bulk of construction would not be done during the major part of summer. Councilmember Alevy questioned if the College Board could make a conditional acceptance, i.e. conditioned upon the Couneil's approval within the next week. Several Councilmembers were uncomfortable with some of the history and he had a problem with the agreement, but he did not want to stand in the way of something progressive and important for the City. He felt he needed to be more educated on the item. Mr. Ron stated he would make that proposal to the Board and stated he was available to meet with the Council at their convenience. Mayor Horton stated the item required a 4/5th's vote. She strongly concurred with Councilmember Rindone's comments. If the item did not pass she felt those councilmembers should be given the opportunity to be briefed on the project and brought back in one week for Council action. Councilmember Padilia stated entering any agreement should be seriously considered, especially when expending public funds. He was very familiar with the history and disagreements, but his questions dealt with the particular agreement and some assumptions that he was not ready to completely accept. He specifically wanted more information regarding the financial status in terms of previous agreements about commitment, i.e. College, County, and City. He also wanted more information on the amount expended on planning and research. He understood the need for the facility, but agreed with Councilmember Moot in terms of being comfortable with the agreement. Councilmember Rindone felt the concerns expressed were legitimate, but Council needed to look at all the benefits and compromises. If there was a delay there was always the possibility of higher costs and loss of County funds. VOTE ON RESOLUTION 18251: failed 2-3 with Alevy, Moot, and Padilia opposed. MOTION: (Moot) to direct staff to set a timetable to brief the newer members of the Council with Southwestern College participating in the briefing. Item to be brought back to Council within 1-2 weeks. Mayor Horton questioned if staff could bring the item back in one week. Mr. Lippitt felt the item could be brought back within one week. Councilmember Alevy requested that the specific concerns raised by Council be addressed when the item was brought back to Council. Councilmember Moot stated the report was to be brought back in one week. Minutes April 9, 1996 Page 10 SECOND TO MOTION: (Padilia) VOTE ON MOTION: approved unanimously. Mr. Goss suggested that the Mayor or Council convey to members of the Southwestern College Board that Council's action was not an effort to re-do the deal or delay the project, but an effort to obtain more information. Mayor Hotton requested that staff contact the appropriate people at Southwestern College. 14. RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT WITH JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT - On 11/15/94, Council directed staff to return with a new exclusive negotiating agreement with Joelen Enterprises to develop the proposed hotel located on the 4400 block of Bonita Road adjacent to the Chula Vista Municipal Golf Course. Staff recommends approval of the resolution. (Director of Community Development) MSC (Horton/Rindone) to continue Resolution 18252 to the meeting of 4/16/96 in order to ~nalize legal language in the exclusive negotiating agreement, approved 4-0-0-1 with Alevy abstaining. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 15. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated the workshop for Otay Ranch SPA I Plan on Saturday, 4/20/96, had been canoeled due to scheduling conflicts. The Council Subcommittee recommended that the workshop be held on the fifth Tuesday, 4/30/96. The public hearing scheduled for that night could not be held because the draft EIR would not be ready for a hearing on that date. It was the consensus of the Council to hold the workshop on Tuesday, 4/30/96 and cancel the meeting of 4/20/96. b. Mr. Goss informed Council that the City had been selected as a ~nalist for the U.S. Conference of Mayors, Waste Management City Liveability Award. On 6/24/96 five winners would be announced. The City's submission was for establishing the Global Warming and Sustainable Lifestyles Program. 16. MAYOR'S REPORT(S) a. Scheduling a workshop with the Sweetwater Union High School District and the Chula Vista City School District. Mayor Horton stated joint workshops had been held in the past and she felt the practice should continue on a yearly or twice yearly basis. She wanted staff to look into scheduling a workshop with the two districts. b. Ratification of appointments: Michelle Monroy - Youth Commission; and Joanne D. Clayton - Housing Advisory Commission. MSUC (Horton/Alevy) to approve the ratification of appointment of Michelle Monroy to the Youth Commission MSUC (Horton/Rindone) to approve the ratification of appointment of Jnanne D. Clayton to the Housing Advisory Commission. Minutes April 9, 1996 Page 11 c. Ratification of re-appointment to Board of Ethics - Virgil Whitehead. Mayor Horton stated Mr. Whitehead had requested a leave of absence which was not possible due to the present policy and Mr. Whitehead had been removed from the Board. Mr. Whitehead was back in town and requested that he be reappointed to the Board. He was only absent from the Board for 2-3 months. Councilmember Rindone stated he would support the reappointment as long as he filled his unexpired term and not start a new four year term. MSUC (Horton/Rindone) to approve the ratification of reappointment of Virgil Whitehead to the Board of Ethics. 17. COUNCIL COMMENTS Councilmember Moot · Councilmember Moot stated he had dinner with the Finance Director and the Economic Development Director of Irapuato, Mexico. They were approaching the 251h anniversary of being a Sister City with the City of Chula Vista. They had many ideas on how to develop and encourage economic relations between the cities. He would submit a written report to Council of that meeting. He thanked the Mayor/Council staff for putting the dinner together on such short notice. · Councilmember Moot stated the next step in the performance based budget process was a workshop with the City Manager and department heads to discuss the goals and objectives identified, what resources and revenues were expected to be available, and what expenditures would be anticipated. He wanted to keep that process on track. Councilmember Rindone · Councilmember Rindone recommended that one of the items on the agenda for the joint meetings between the City and schools be an examination of the science global warming curriculum that the elementary district had adopted with the hopes that it could be expanded to the science curriculum in the secondary district. He felt there could be a brief presentation at that time. · Reconsideration of Spring Council break. Councilmember Rindone stated that the Municipal Code set aside the week prior to Easter as a dark meeting. He questioned if there was interest by Council to change the dark meeting to the week after Easter so staff and Council would not be spending the week of Easter on the agenda. It was the consensus of Council to have the City Attorney bring back an ordinance amending the Municipal Code. Councilmember Aievv · Councilmember Alevy stated it was a time of year that was a Holy period for a lot of people and he wished everyone warm wishes. He also noted that it was opening day for baseball. ADJOURNMENT ADJOURNMENT AT 9:40 P.M. to the Regular City Council Meeting on April 16, 1996 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Re. development Agency convened at 8:50 p.m. and adjourned at 9:09 p.m. Minutes April 9, 1996 Page 12 CLOSED SESSION MSUC (Horton/Padilla) to declare than an urgency existed and add the legal proceedings in the Tiger Two Bankruptcy to the Closed Session agenda. Mayor Horton stated Council would discuss the Fritsch and Christopher cases, Chula Vista and nine other cities, EastLake Park Issues, and Sales and Disposition of Real Property - R. E. Hazard. Council recessed at 8:50 p.m. , met in Closed Session at 9:12 p.m. , and reconvened at 9:40 p.m. 18. CONFERENCE WITH LEGAL COUNSEL REGARDING: Existing litigation pursuant to Government Code Section 54956.9 · Fritsch vs. the City of Chula Vista. · Christopher vs. the City of Chula Vista. · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · SNMB, L.P. vs. the City of Chula Vista. Anticipated litigation pursuant to Government Code Section 54956.9 · EastLake Park issues. Initiation of litigation pursuant to Government Code Section 54956.9© · City's contemplated validation action with respect to Ordinance amending Municipal Code Chapter 3.48 SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.9 · 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 0VCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 19. 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. Soderquist, C;C,~eputy City Clerk