HomeMy WebLinkAboutcc min 1994/03/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 22, 1994 Council Chambers
6:07 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton (left the meeting at 11: 15 p.m.), Moore, Rindone,
and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bmce M, Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: March 15, 1994 (Joint Meeting of the City Couneil/Redevelopment
Agency).
MSUC (MoorefRindone) to approve the minutes of March 15, 1994 as presented.
' 4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Items pulled: 7 and 8)
BALANCE OF THE CONSENT CALENDAR OFI!IERED BY MAYOR NADER, reading of the text was
waived, passed and approved unanimously.
5. WRITTEN COMMUNICATIONS:
5a. Letter requesting $200 to help support a family trip to Washington - Phoeurth Sao, 4967 Auburn Dr.,
#12, San Diego, CA 92105. It is recommended that the request be denied.
6. ORDINANCE 2590 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL
CODE - DECREASING STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN AREAS AND
AFFIRMING A SPEED LIMIT OF 30 M.P.H. ON OXFORD STREET FROM BROADWAY TO THE CUL-
DE-SAC AT THE WEST END, AND ADDING THIS LOCATION TO SCHEDULE X (second readin~ and
adontion') - In response to a request from the Police Department and in the interest of minimizing traffic hazards
and congestion for the purpose of the promotion of public safety, the City Engineer determined on the basis of
traffic engineering studies that there was a need to post a speed limit of 30 MPH on Oxford Street from Broadway
to the cul-de-sac 1,335 west of Broadway. Staff recommends Council place the ordinance on second reading and
adoption. (Director of Public Works)
7. RESOLUTION 17425 APPROVING AGREEMENT WITH SUSAN B. MERRILL, C.P.A. FOR
lNTERIM F1NANCE ADMINISTRATOR SERVICES - The City's current contract with Susan B. Merrill,
C.P.A, for Interim Finance Administrator Services is for the period of 1/10/94 through 4/7/94. The proposed new
agreement with Ms. Merrill is for the period from 4/8/94 through 6/23/94. Staff recommends approval of the
resolution. (Administration) Pulled from the Consent Calendar.
Minutes
March 22, 1994
Page 2
Councilmember Rindone stated his questions had nothing to do with the individual involved, but rather with the
fiscal impact statements. Council was being asked to make certain assumptions and he needed justifications of those
assumptions. He questioned what the monthly equivalency was of the salary under the proposed extension and what
the salary was of the Finance Director.
Jim Thomson, Deputy City Manager, responded that it was $7,000 on a monthly basis plus expenses of $300/week
for transportation and $200/week for housing. It was based on roughly 35 hours/week at $50/hour and there were
no fringe benefits other than expenses.
City Manager Goss stated the Finance Director's position was approximately $7,700/month with fringe benefits or
approximately $92,000/year.
RESOLUTION 17425 OI~'FERED BY C OUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-1 with Horton absent.
8. RESOLUTION 17426 APPROVING FIRST AMENDMENT TO AGREEMENT WrIH REMY AND
THOMAS FOR LITIGATION REPRESENTATION SERVICES - When the City of Chula Vista and County
of San Diego approved the final version of the Otay Ranch Project, part of the approval was an indemnification
agreement by Otay Vista Associates indemnifying the City and the County in the event of an attack on the project
approval. On 12/1/93, Chaparral Greens and Daniel Tart sued the City, the County, and Baldwin alleging
inadequacies in the final program EIR and/or violations of CEQA. On 1/4/94, Council ratified a three-party
agreement whereby Remy & Thomas (Tina Thomas, Esq.) would represent the City pursuant to that indemnification
agreement, at Otay Vista's expense. Staffrecommends approval ofthe resolution. (Assistant City Attomey Rudolf)
Pulled from the Consent Calendar. Continued to the Council meeting of April 5, 1994.
9. RESOLUTION 17427 AUTHORIZING TIlE CITY MANAGER TO DIRECT ADDITIONAL
SERVICES PURSUANT TO PARAGRAPH 1D OF THE ORIGINAL AGREEMENT VVITH RICK
ENGINEERING COMPANY TO PREPARE TOPOGRAPHIC MAPS ALONG INTERSTATE 805 NORTH
OF TELEGRAPH CANYON ROAD TO SOUTH OF OTAY VALLEY ROAD -On 6/15/93, Council approved
an agreement with Rick Engineering Company to provide topographic mapping for Caltrans project study report
at four interchanges along 1-805, Telegraph Canyon Road, East Palomar Street, East Orange Avenue, and Otay
Valley Road interchange. After close review of the preliminary topographic mapping, Caltrans requested additional
topegraphic information at the Otay Valley Road interchange. The additional information is needed by Caltrans to
fully analyze alternative design solutions at the Otay Valley Road interchange. Rick Engineering Company has
agreed to perform the additional work for a cost not to exceed $4,800. Staff recommends approval of the
resolution. (Director of Public Works)
10.A. RESOLUTION 17428 DIRECTING CALL FOR CONSTRUCTION BIDS FOR PHASE 2 AND
PHASE 3 OF THE OTAY VALLEY ROAD CONSTRUCTION PROJECT -In June 1992, Council awarded the
contract for construction of Phase I of Otay Valley Road between 1-805 and Nirvana Avenue. Phase I of Otay
Valley Road construction is the first part of a two-phase assessment district project for the improvement of Otay
Valley Road between 1-805 and the easterly City limits then south to the northerly limits of the Otay River bridge
crossing. A second project approved in the 1993/94 Capital Improvement Program budget was Otay Valley Road
Phase 3 (STM-319) which included the improvement of Otay Valley Road from the northerly limits of the Otay
River bridge erossing southerly to Otay Rio Subdivision. In order to construct Phase 2 improvements of Otay
Valley Road, a preliminary step in the assessment district proceedings is for Council to direct staff to call for bids.
Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 17429 AUTHORIZING THE CITY ENGINEER TO APPROVE A CHANGE
ORDER WITH THE COUNTY OF SAN DIEGO TO FACILITATE WIDENING OF THE BRIDGE AT
OTAY RIVER
Minutes
March 22, 1994
Page 3
C. RESOLUTION 17430 AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY FROM
KATSUMI TAKASHIMA FOR THE CONSTRUCTION OF PHASES 2 AND 3 OF THE OTAY VALLEY
ROAD WIDENING PROJECT
11. RESOLUTION 17431 APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO
FOR THE DESIGN AND CONSTRUCTION OF A LEFT-TURN POCKET AT SWEETWATER ROAD,
EAST OF WINNETKA DRIVE; AND REAPPROPRIATING FUNDS TO REIMBURSE THE COUNTY FOR
THE STREET IMPROVEMENT - The agreement authorizes the County's Public Works Department cxmsultaat
to redesign the portion of Sweetwater Road to include a left-turn pocket for west-bound traffic at the Rohr Park
Sports Fields entry and reimburses the County's inspection, administrative, and consruction cost to include in the
Sweetwater Road Bike Lane project. Staff recommends approval of the resolution. (Director of Parks and
Recreation and Director of Public Works) 4/5th's vote required.
* * END OF CONSENT CALENDAR * ·
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING WIDENING BROADWAY FROM "I' STREET TO "L" STREET - On
11/7/72, Council Policy 576-12 was adopted. The policy requires a public hearing prior to any action widening
travelways within the City. During the Fiscal Year 1993/94 Capital Improvement Program budget process, Council
approved funding to widen Broadway from "I" Street to "L" Street. Portions of Broadway north and south of the
project's limits have been or are now being widened. On 3/2/94, staff met with property owners and tenants
potentially impacted by the widening project. At the meeting, they voiced concern about the impact the construction
activities will have on their businesses, provided suggestions as to how the impacts could be diminished, and
generally supported the project. Staff recommends approval of the resolution. (Director of Public Works)
RESOLUTION 17432 DIRECTING STAFF TO COMPLETE THE DESIGN AND FINAL PLANS
FOR THE WIDENING OF BROADWAY FROM "I" STREET TO "L" STREET
Clifford Swanson, Deputy Director of Public Works/City Engineer, gave a brief review of the project. Strategies
were: 1) weekly meetings would be held with the Broadway businesses and Business Association; 2) inspectors on
the job would have beepers so City Hall could get in touch with them immediately; 3) the businesses would have
the inspectors beeper number as well as the phone number; 4) staff would visit each property a few days before
construction began in front of their business; 5) specifications had been tightened to allow sidewalk areas to be
replaced quickly, particularly driveways; and 6) one side of the quarter mile block would be done at a time and
require replacement of the concrete within ten working days.
Councilmember Horton questioned when construction would begin.
Mr. Swanson stated it was anticipated that the contract would be awarded on June 30th and then aH the utilities
would have to be undergrounded which would take approximately four months to complete. The City had a policy
of not allowing work in November and December, therefore, the project would begin in January, 1995. The
contract had to be awarded before June 30th in order to obtain SB 300 monies.
Councilmember Fox questioned what the consequences would be for non-compliance with the ten day requirement.
Mr. Swanson responded the first sidewalk that was removed on day one had to be replaced with the new sidewalk,
curb, and gutter within ten days. Staff had built in liquidated damages into the contract for non-compliance. Staff
would bring that back to Council as an information item.
Councilmember Moore questioned if the reference to full-time "inspectors" meant inspectors for both parties. He
felt Council should insist upon that.
Minutes
March 22, 1994
Page 4
Mr. Swanson responded the City would have a full-time inspector on the job and the contractor would also have
a superintendent on the job full-time.
Councilmember Herton questioned if the CIP project complied with ADA requirements.
Mr. Swanson responded that it did.
Mayor Nader questioned if a bike lane could be marked as he felt with eight feet there was enough room for parking
and a bike lane.
Mr. Swanson responded that the regional area wide standards required eight feet for parking and an additional five
feet for a bike lane. In order to get the additional width for the bike lane, to meet the acceptable regional standard
so the City would not be in a liability situation, they would need additional right-of-way which was generally not
available in that area.
This being the time and place as advertised, the public hearing was declared open.
· Michael A. Green, 535 "H" Street, Chula Vista, CA, representing Robert Sutherland, owner of
McDonalds, stated he had reviewed the staff report, but wanted to ensure the property would have access on both
driveways. Just because they had two driveways did not mean they did not need access to both of them during
construction. Other than that he felt it was a beneficial project. He questioned whether he would have a chance
to review the specifications.
Mr. Swanson responded that if the parking lot was set up for one-way traffic, i.e. one-way in and one-way out, they
could do one-half of a driveway on each one. It would be quicker for the business if one driveway could be closed
at a time. The specifications were not ready, but the design section had bean holding meetings with the community,
Broadway Business Association, and businesses and the representative from McDonalds could attend those meetings.
Staff would take his name and make sure he had an opportunity to review the specifications.
Mayor Neder felt there would need to be continued participation by the merchants in the area to ensure the
specifications had the kind of guarantees being talked about. He questioned whether the documents would come
before Council for approval.
Mr. Swanson stated staff did not normally sent the entire specifications to the Council, it was usually a report on
the specifications that went to Council.
· Joann Clayton, 270 Fig Avenue, Chula Vista, CA, President of the Broadway Business Association, stated
if the cooperation between the City and the merchants and the Association would be as represented, the Association
felt the work should be continued as the area that had been done looked wonderful.
There being no further public testimony, the public hearing was closed.
MSUC (MoorefNader) to add another diamond on page 12-3 which would state "Those businesses that are
specifically designed with a driveway in and a driveway out, and would take a major reconfiguration to
control traffic otherwise, would be treated as individuals and done one-half at a time for each driveway to
assure access at all times."
RESOLUTION 17432, AS AMENDED, OFFERED BY COUNCILMEMBER RINDONE, reading of the text
was waived.
Mayor Nader felt the key factor was the endorsement of the Broadway Business Association which represented the
majority of people that would be impacted. He hoped that as the project progressed the Association would be
specifically invited to participate in all of the reviews and oversight on the project so their concerns would be met
Minutes
March 22, 1994
Page 5
from the beginning. He questioned if Mr. Green's client was amenable to review at the staff level without the
matter coming back to Council.
Mr. Green staled that was acceptable and he would be in touch with the project manager.
Councilmember Moore questioned whether Diamond #2 on page 12-3 should say "can they install signs ...' and
that Council should provide a special allowance for that during the long construction period, i.e. specific signs of
unusual size, etc. He felt staff could draft a policy that was fairly liberal for the construction period.
AMENDMENT: (Moore, agreed to by the Maker of the Motion) staff is to review Diamond #2, page 12-3,
of the items staff was still working on, to pursue a liberal policy of temporary signage during the period of
construction,
Councilmember Moore suggested that if guidance was given to staff regarding something special with the parking
lane and how it was to be utilized it should be done through a motion. If action was taken by Council it should be
tentative upon legality and processed through the SANDAG Bicycle Committee. He noted there would be additional
costs for painting also as it would have to be done twice a year. He requested that the report from staff contain
the costs incurred for the entire project.
MSUC (Nader/Moore) to direct staff to consider methods by which moving traffic would be encouraged to
not move through the parking lane.
VOTE ON RESOLUTION, AS AMENDED: approved unanimously.
ORAL COMMUNICATIONS
· Edward E. Matus, 209B Otay Valley Road, Chula Vista, CA, stated he was assaulted in October, 1993.
He expressed his concern with the assistance he had received from the Police Department and submitted sixteen
recommendations he felt would assist not only the system, but the victims involved (a copy of the recommendations
on file in the City Clerk's office).
Councilmember Herton questioned when Council would get the report on the Citizens Patrol Unit.
Rick Emerson, Chief of Police, responded that staff had met with representatives of San Diego's Citizens Patrol
and the County's RSVP Patrol. The department would need some funding to make the programs work and it had
been added to their supplemental budget requests. The report should be before Council within the next several
weeks. Staff would try to implement the program with existing resources, but to nan the program for one year they
would have to come up with additional resources.
Councilmember Rindone stated he had made both of the referrals and wanted to make it clear the intent was to start
the program as soon as possible, not necessarily to coincide with the next budget cycle.
® Fritha Matus, 209B Otay Valley Road, Chula Vista, CA, felt they had not only been victimized by crime,
but also by a bureaucracy that was unresponsive to their needs. The City departments had made them feel that they
were the problem or a nuisance. Available support information was not being dispensed to victims which made
them left feeling that no one cared and that gangs were in control. Victims needed information at the time of crisis
and it was time the City utilized the media to aggressively deliver public service messages to let other victims know
that resources existed for them.
· Diego Ramirez-Cardenas, 36 E. Naples Street, Chula Vista, CA, representing the Institute for Hispanic
Family Mental Health, stated the Matus family requested that he speak to Council regarding the institutionalized
barriers they encountered in the Chula Vista area with the hope of finding solutions. It appeared there were gaps
that needed to be addressed in the systems already in place. He offered the following suggestions: 1) there should
Minutes
Mamh 22, 1994
Page 6
be some alliances made with local universities to provide internships for individuals who were under/post graduates
in helping and assisting trauma victims as a resource; and 2) the media needed to be more involved. He had treated
the family since two days after the assault.
Councilmember Moore questioned why he did not come to someone in the City earlier requesting assistance for the
family.
Mr. Ramirez-Cardenas responded that he had logs of the phone calls he had made since the very beginning, but due
to confidentiality there was certain information that he could not divulge. He felt the family was willing to state
how many attempts were made and who they were made to.
· Christopher King, 234A Regency Court, Chula Vista, CA, member of the Board of Directors for the
Rancho Rios Homeowners Association, addressed the issues of gang activities and unkept property. The Board of
Directors had added additional flood lights throughout the twenty-seven acres, hired private security to patrol the
complex, and activated a Neighborhood Watch program. The Association had also spent between $500 - $1,000
per month for graffiti eradication and vandalism repairs. He asked Council to address the problem and establish
a community action committee. There were several repossessed properties in the complex that had become a hang-
out for gangs and illegal aliens and the Board had undertaken steps to have the lenders make repairs, but it was a
long and tedious process with little effect until the property was sold. He questioned if there was any City code
the lenders were violating by allowing the properties to remain in disrepair.
Mayor Nader stated some of the things that needed to be done regarding institutionalizing victim responsiveness in
the criminal justice system had to be done at the County or State level and he asked staff to identify any of those
things the City had not already been pushing the State or County to do. Those items he felt there could be
immediate action on were: 1) the issue of jurisdiction in Otay Valley - staff could prepare for his signature a letter
to the San Diego City Council requesting that they immediately enter into negotiations for a mutual jurisdiction
agreement; and 2) there were already codes dealing with dilapidated properties and he hoped the Building &
Housing staff would be down there immediately checking into any complaints and talking to Mr. King to find out
the specific areas of concern. After talking to the Police Department it appeared that the typing pool was current,
but at the time of Mr. Matus attack there was a shortfall due to a number of people on leave for legitimate reasons
and a lack of resources to hire backup during that time. He understood there had been some problems in
formulating next years budget, with the budget staff taking the position with the Police Department that the resources
were not going to be them. He hoped that was a gross misunderstanding because those decisions were up to the
Council and they should have the benefit of the Police Department's assessment of what was needed to do their job,
uncensored by anyone in between.
Councilmember Moore stated the issue was not new to him. He had been notified on 11/5/93 and asked for a
meeting with the Police Department and it was held thirty minutes after that. Mr. & Mrs. Matus, the property
manager, two lieutenants, and one or two other officers were in attendance, including a member from one of the
gang teams. He thought things were pretty well in hand after the meeting as the family had been told what the City
was doing and the problems they were having. The issue was not neglected. He noted there were three different
gang/street teams and felt there should be a report to Council regarding what they were doing and what their
successes and failures were.
Councilmember Rindone questioned what method was used to disseminate information to victims.
Chief Emerson responded that pamphlets were available, but staff found that the pamphlets were not as widely
disseminated as they would have liked. They were working on a pamphlet that included the entire precess. The
The detective on the case was to help shepherd a victim through the process, but there were instances where a
detective did not become involved as the individual went straight to the court proceedings. In those cases the
information flow was not a good as they would like.
Minutes
March 22, 1994
Page 7
Councilmember Rindone stated information to Council regarding the current load average for the detectives and what
was reasonable for comparison would help in evaluation. He questioned what type of citizen review committees
were currently in place.
Chief Emerson responded there were several groups that involved citizens and the police department, i.e. the Police
Activities League, CAST program, as well as a lot of the outreach programs through Neighborhood Watch.
· Emerald Randolph, Program Director for the CAST program, stated there were currently thirty-nine
volunteers in the program available seven days per week, twenty-four hours per day. A second class of twenty
people were half-way through their training. They were called out by the first responders if they felt a family
needed assistance. They provided person to person assistance and also had a packet of written reference materials.
They were to be there within twenty minutes after being called.
MSUC (Nader/Rindone) take the suggestions put forward by the Matus' and Mr. King and refer them to staff
to do one of the following things with each: 1) implement them administrafivdy if staff felt appropriate; or
2) bring the items back prepared for Council action; or 3) bring items forward for report to the Council and
public where there were programs already underway, i.e. status report; or 4) where some of the suggestions
required action by other levels of government, i.e. County or State, that appropriate documents be placed
before Council to make that request and use the City's representatives at the County and State level to
advance a criminal justice system that would be more responsive to the needs of the public.
· Vic Cherniak, 1057 Madison, Chula Vista, CA, stated he was appalled at the way the City had treated the
matter of the man being beaten. He hoped the City would do it in a better manner than had been done.
BOARD AND COMMISSION RECOMMENDATIONS
13. RESOLUTION 17421 ACCEPTING THE QUARTERLY REPORT FROM THE ECONOMIC
DEVELOPMENT COMMISSION, APPROVING THE WORKFORCE DEVELOPMENT TEAM THREE-
YEAR PLAN AND AGREEING TO CO-SPONSOR THE SOUTH COUNTY
WORKFORCE/EDUCATIONAL DEVELOPMENT CONFERENCE IN PARTNERSHIP WITH
SWEETWATER UNION HIGH SCHOOL DISTRICT, SOUTHWESTERN COLLEGE, AND THE SAN
DIEGO CONSORTIUM AND PRIVATE INDUSTRY COUNCIL - The report is a quarterly progress update
from the Economic Development Commission (EDC) and will be presented by Chairman William Tuchscher. It
is the second such report and follows the initial report made in November of 1993. A report will also be made by
Workforce Development Team (WDT) Vice Chairperson Mary Wylie, Director of Southwestern College Small
Business Development and International Trade Center on the EDC/WDT's Three-Year Plan. Staff recommends
approval of the resolution. (Director of Community Development) Continued from the meeting of 3115194.
· William Tuchscher, President of the Economic Development Commission, reviewed the first quarterly
report for 1994. The EDC had identified five priority project for the upcoming year and had added a sixth project.
He highlighted the key on-going activities and accomplishments: 1) High Tech/Bio Tech Zone; 2) permit
streamlining; 3) Border Environmental Commerce Zone; 4) public relations; 5) financial assistance program; and
6) a workforce development team.
· Brene Patrick, Member of the Economic Development Commission, gave an overview of the Workforce
Development Team activities and goals that had been set. They would be sponsoring a workforce educational
development conference on November 10th at EastLake High School. She requested that the City co-sponsor the
event. They did not foresee any costs associated with co-sponsorship.
Mr. Tuchscher stated the EDC had many projects that would be beneficial if done in a timely manner. One of two
things needed to occur, i.e. prioritization, focus, and conceding that some of the objectives would not be
accomplished, or commit resources to make sure all of the worthy projects happened. They understood there were
budget constraints, but they did not want to play a shell game of shared resources and part-time personnel to
Minutes
March 22, 1994
Page 8
accomphsh their goals. What they really needed was full-time professional and experienced people. They felt their
commission was a little different than other boards/commissions/departments in that they were confident in their
abilities to enhance revenues for the City and General Fund.
RESOLUTION 17421 OF/(ERED BY MAYOR NADER, reading of the text was waived.
Councilmember Rindone stated he would abstain from voting as the agency he worked for was involved in the
project. His abstention was no reflection on his thoughts or feelings on the issue.
VOTE ON RESOLUTION: approved 4-0-0-1 with Rindone abstaining.
ACTION ITEP~IS
14. RESOLUTION 17422 REVISING COUNCIL POLICY 159-02 "FUNDING-PRIVATE
ORGANIZATIONS OR INDIVIDUALS" - Council Policy 159-02, "Funding-Private Organizations or
Individuals', was adopted on 1/25/72. The policy addresses the criteria, procedures, and requirements for funding
private parties via the budget process. The existing policy is lacking in that it does not address requests received
during the course of a fiscal year from private organizations and individuals for financial support to carry out
programs or activities. Council directed staff to develop policy guidelines to assist them in consideration of such
requests. Staff recommends approval of the resolution. (Administration) Continued from the meeting of 3/15/94.
Councilmember Horton felt the City should provide anyone making a request for funding from the City a list of
different organizations they could contact first.
Councilmember Rindone stated that on page 14-2, Item 2, talked about financial support not be given unless they
were citizens of Chula Vista and he did not feel that accurately reflected Council's intent. A recent request had
been from a young man that was a citizen, but not a resident and he felt it should be discussed if there was concern
regarding that section.
MS 01indoneatorton) amend Attachment A, page 14-7, Item 14.1.2, paragraph A, third line to read as
follows ".. and purpose of all proposed expenditures and the specific tangible benefit...".
Councilmember Moore referred to Item 3.3 and wanted to see something returned to the treasury. If the
individual(s) did not have particular entertainment talent maybe they conld provide commnnity services such as an
intern, etc.
VOTE ON MOTION: approved unanimously.
MS (Fox/Horton) to amend Item 3.3, page 14-6, to amend the last sentence to read "That Council may deem
by 4/Sth's vote In exceed the $500 limit ...".
Councilmember Moore stated the problem would be if a specific amount had been budgeted and they ran out of
money, then it would take a 4/Sth's vote. The majority vote would have to stay within the budgeted funds.
MOTION WITItDRAWN BY COUNCILMEMBER FOX.
City Manager Goss stated that funds were not normally budgeted for that purpose, but there was a Council
Contingency Fund for general purposes. As long as it came out of that fund, and did not exceed it, the majority
vote would be appropriate. If it was a budget amendment it would require a 4/Sth's vote.
Councilmember Rindone staled he would support the comments made by Councilmember Moore regarding
internships, etc. He felt that was the purpose of the previous motion, i.e. specifically identify what the tangible
benefit would be to the City. If it was not a performing group, but an individual, then it was incumbent on staff
Minutes
March 22, 1994
Page 9
to state what that specific tangible benefit was. He felt that was very different than what had been recommended.
He questioned the Council's position on the issue of citizen versus resident.
Councilmember Moore stated Council needed to remember the money came from the City's residents and
Mayor Nader stated there could be extensive discussions as to what business qualified. The policy called for a
substantial tangible benefit to the City and felt the policy with that amendment was the policy Council needed.
Rather than get bogged down with the location of a residence or business the focal point should be what the benefit
was to the City. If there was no benefit then it should not be given.
Councilmember Rindone agreed with Mayor Nader. He felt the policy should come back to Council after the first
year for review to see if the change had addressed Council's concerns.
RESOLUTION 17422, AS AMENDED, OFFERED BY COUNCILMEMBER RINDONE, reading of the text
was waived.
AMENDMENT TO MOTION: (Nader/Rindone) to delete the words "they are citizens of Chula Vista" from
Section 3.2 of the policy. It should read "Financial support of individuals shall not be approved unless the
purpose of, or reason for support serves a specific tangible benefit to the City". Approved unanimously.
VOTE ON RESOLUTION AS AMENDED: approved 4-1 with Moore opposed.
t5. RESOLUTION 17423 AUTHORIZING INSTITUTION OF PROCEEDINGS TO FINANCE
FACILITIES TO BE USED IN CONNECTION WITH AN OLYMPIC TRAINING CENTER TO BE
DEVELOPED BY SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION - The San Diego National
Sports Training Foundation has requested that the City provide $3,000,000 in "gap" construction financing for
completion of core facilities at the Arco Training Center. This action authorizes staff to work with the Foundation
to pursue an acceptable financing structure. Staff recommends approval of the resolution. (Deputy City Manager
Krempl) Continued from the meeting of 3/15/94.
City Manager Goss informed Council that staff had received a letter from the ARCO Training Center stating they
were looking at other altematives for bridging the final gap in order to achieve Phase I financing for the Center.
They were requesting a thirty day delay.
MSUC (Nader/Horton) to continue the item for thirty days, to be brought back on April 261h.
Councilmember Rindone felt it was important that when the item was brought back on the 261h that there be the
installation of a permanent sign for the Olympic Training Center and that it clearly designate "Chula Vista,
California" on it. He was specifically addressing the major marquee sign that would eventually be approved through
design review and would be on City property. He would consider a bridge loan if one of the conditions was that
the City would have approval of the sign for the OTC.
Councilmember Moore stated the sign would be within the city limits and felt it was appropriate. It was time that
Chula Vista became better known and felt the best way would be to have the City Manager contact the Board with
copy of the letter to the Executive Director.
Councilmember Hotton questioned if there was a directional sign program in place for the OTC.
George Krempl, Deputy City Manager, stated he could not answer the question.
MSUC (Rindone/Moore) to refer the issue of the marquee sign to staff to contact the OTC Board regarding
recognition of the City.
· I
Minutes
March 22, 1994
Page 10
16. RESOLUTION 17433 AUTHORIZING THE SALE OF BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $18,000,000 TO REFINANCE THE OUTSTANDING
OBLIGATIONS OF THE CITY TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
APPROVING FINAL FORM OF OFFICIAL STATEMENT AND OTHER LEGAL DOCUMENTS, AND
AUTHORIZING OFFICIAL ACTIONS - On 12/14/93, Council authorized staff to proceed with the issuance of
proposed "pension obligation bonds ", the proceeds of which will be paid to Public Employees' Retirement System
(PERS) in full satisfaction of the City's unfunded pension obligations. Staff explained that the City is currently
paying off the obligation through biweekly payments to PERS which carry an interest rate of 8.75 % (PERS assumed
earnings rate). At current market levels, the taxable pension bonds are projected to carry an interest cost of about
7.50% thus generating total savings estimated at $3.3 million. Staff recommends approval of the resolution.
(Administration and Interim Finance Administrator)
Susan Merrill, Interim Finance Administrator, stated Council had directed staff to bring back the issue af~T the
validation proceedings took place.
Sid Morris, Assistant City Manager, stated there had been some delays in the process. Part of the confusion was
a mis-communieation between staff and bond counsel. Once those confusions were cleared up they moved as
quickly as possible.
Charles Adams, Jones Hall Hill & White, City Bond Counsel, stated the Council approval was on 12/16/93 and it
was the first transaction in the State using that type of financing and the documentation to prepare was voluminous.
He felt they had acted expeditiously. They had been required to validate it in Superior Court and statutory periods
had to be observed.
Councilmember Rindone questioned why the City was not using tax free municipal bonds.
Mr. Adams responded that about ten years ago pension bonds were being actively issues by various cities and the
IRS felt if they did not put a stop to it there would be billions and billions of dollars in bonds issued. Therefore,
they drafted regulations that specifically prohibited tax exempt bonds for pension programs. As a result of that they
were all being done taxable.
Councilmember Rindone questioned if the $340,000 issuance cost was reasonable.
Mr. Adams responded that it was approximately 2 % of the PAR amount of the bonds and felt it was on the low side
of reasonable. They would be easy bonds to sell and highly rated.
· Steve Nielsen, Vice President, Grigsby Brendford & Company, Inc., stated if Council looked at the cost
of issuance of the recent financing by the City they would see by comparison that the portion that was the
underwriting fee was below the cost paid on the most recent deals.
Ms. Merrill stated the traderwriters fees were 1.3 %. She did not have the exact percentages of the last two bonds
but felt they were around or just under 2 %.
Councilmember Fox stated the minutes of the 12/14/93 meeting had not been included In the Council packets.
RESOLUTION 17433 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived.
Councilmember Rindone questioned why the City had the liability.
Mr. Morris stated some of the issues that occurred in the past ten or fifteen years were: 1) the City went to 2% at
60 to 2% at 50 for police officers, 2) when the City annexed the Montgomery area they inherited a substantial
unfunded liability relating to the retirement of those individuals, and 3) if there was a medical retirement or
disability retirement it increased the unfunded liability.
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March 22, 1994
Page 11
Councilmember Rindone questioned if it was a one time situation.
City Attorney Booguard stated there could be no assurance, the plan would only liquidate the existing unfunded
liability and was not designed to address future deficits.
MS (Moore/Nader) to direct the City Manager in future salary and benefit negotiations to denote costs to the
City estimated by PERS and how the City would pay such, with that information to members of the employee
associations involved and the Council.
AMENDMENT TO MOTION: (Moore/Rindone) to include the addition of annexations and other PERS
liabilities. Approved unanimously.
VOTE ON MOTION, AS AMENDED: approved unanimously.
17. RESOLUTION 17434 INCREASING THE AUTHORIZATION LIMIT FROM $150,000 TO
$320,000 IN THE ORIGINAL AGREEMENT FOR MATERIAL TESTlNG SERVICES WITH
LAW/CRANDALL, INC. - On 8/4/92, Council appreved an agreement for material testing services with
Law/Crandall, Inc. Compensation to Law/Crandall, Inc. is based upon an hourly rate arrangement. The agreement
contains a $150,000 authorization limit. The City has paid Law/Crandall, Inc. $127,661.22 to date. Staff is
requesting that the authorization limit be increased to $320,000 so that Law/Crandall, Inc. may provide material
testing services through Fiscal Year 1994/95. Staff recommends approval of the resolution. (Director of Public
Works)
RESOLUTION 17434 OIq~ERED BY COUNCILMEMBER MOORE, reading of the text was waived.
Mayor Nader stated it was a hefty increase and questioned why it was so far off the original estimate of services
required.
Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that when staff negotiated the
contract and received Council authorization, staff did not have the benefit of having nearly eighteen months of
budget passed with the possibility of only looking at another eighteen months on the contract. Secondly, staff
wanted to take it in steps so staff could review it at it progressed.
Mayor Nader questioned what the time period was for the contract.
Mr. Swanson responded that it was for a three year period, but an authorization not to exceed had been set so staff
could look at it mid-way through.
Councilmember Horton questioned whether the testing required special equipment that the City did not have and
what the hourly rate was for Law/Crandall.
Mr. Swanson stated that was correct. Staff had researched the possibility of doing so and the cost was extremely
high. The rate varied upon the test being done. It was outlined in the Schedule of Charges attached to the staff
report.
Councilmember Rindone stated he had a problem in supporting anything unless there was a justification to what the
industrial standard was, what the reasonable range was, etc. Council should not have to ask those questions, it
should be included in the staff report. He questioned why it was so time sensitive that it could not go out to bid.
Mr. Swanson responded that in 8/92 Council first appreved the agreement and staff did go out for bids.
Law/Crandall did provide the City with the best prices for testing, but also included in that contract was the
specified three year period. Staff realizexl at the time the $150,000 would not cover the entire three year period,
but did not have estimates on future years costs.
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Minutes
March 22, 1994
Page 12
Mayor Nader questioned if Mr. Swanson was stating that the $150,000 was not a figure in the original contract,
but an appropriation figure. He further questioned if the contract was structured so that the City was bound for
three years at those rate.
City Attorney Boogaard stated it was an appropriation cap. The standard form clause stated they would provide
hourly services up to the authorization limit of $150,000. It was part of the contract and an authorization not to
exceed $150,000 without approval from Council. He deliberately did not put in a term in the contract but limited
by dollar caps. The City could cancel on thirty days notice, there was no three year time limit in the contract. Staff
had secured the benefit of 1992 rates for as long as the Council wanted to use the benefit of the company.
Councilmember Rindone stated if there was justification not to go out to bid, but to exercise the clause in the
contract to roll it over for an extended period of time by raising the authorization limit, staff should include that
in the staff report.
Mayor Nader stated the City Attorney stated it was a contract without a time term and questioned whether that was
correct.
City Attorney Boogaard stated Council was free to go to bid if they wanted to. Law/Crandall bid the project in
1992 and had exceptional bottom line bids, the City had the right in the contract to tie them to those bids if desired.
If Council wanted to cheek the validity of those items they could do ,so. If not, the City would receive the benefit
of the clauses negotiated to force them to continue the contract at those prices.
Mayor Nader questioned if the City went to bid and did not get a better deal than their prices if the City was
precluded from continuing to take advantage of those prices.
City Attorney Boogaard felt that was probably correct.
VOTE ON MOTION: approved unanimously.
18.A. REPORT $30,000 "MUNICIPAL POLLUTION PREVENTION PROGRAM" IN
COLLABORATION WITH THE ENVIRONMENTAL HEALTH COALITION AND APPROVE
AGREEMENT WITH ENVIRONMENTAL HEALTH COALITION (EHC) FOR THE COMPLETE
EVALUATION OF THE CITY'S TOXIC USES IN OPERATIONS/MAINTENANCE AND THE CREATION
OF A POLLUTION PREVENTION PLAN AND RECOMMENDATION OF NON-STRUCTURAL BEST
MANAGEMENT PRACTICES WITH RESPECT TO THE "EDUCATION ELEMENT" OF THE CITY'S
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS -
Staff proposes the adoption of an agreement with the EHC to develop a comprehensive municipal pollution
prevention program for City operations, including a toxics audit of municipal uses; development and utilization of
alternative best management practices in City buildings; and the development, in conjunction with staff, of a toxics
use reduction policy. Staff recommends Council accept the report and approve the resolution. (Administration and
Director of Public Works)
B. RESOLUTION 17435 APPROVING AGREEMENT WITH ENVIRONMENTAL HEALTH
COALITION FOR CONSULTING SERVICES, AUTHORIZING MAYOR TO EXECUTE SAME, AND
SUPPORTING ENVIRONMENTAL HEALTH COALITION'S ONGOING EFFORTS TO OBTAIN NON-
CITY FUNDING FOR THE CONTINUATION OF A MUNICIPAL POLLUTION PREVENTION
PROGRAM AND RELATED EFFORTS FOR THE CITY
Barbara Bamburger, Environmental Resources Manager, stated she wanted to clarify that the item was an agreement
for a contract with the Environmental Health Coalition to continue the development of a Municipal Pollution
Prevention program. It was a non-financial contract to establish a relationship with the Environmental Health
Coalition and the receipt of the $30,000 was a grant that was received by them to work with the City to implement
the Municipal Pollution Prevention program.
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Minutes
March 22, 1994
Page 13
· Diane Takvorian, 1717 Kettner, San Diego, CA, Executive Director of the Environmental Health Coalition,
gave a brief outline of the Pollution Prevention program.
· Joy Williams, Project Director for the Municipal Pollution Prevention program, gave an update on the
progress made in working with City staff. The program would have three phases: I) audit of current materials
used; 2) pilot program; and 3) development of best management practices for other uses of toxics. They were
currently working on the audit portion of the program.
Councilmember Rindone questioned who the Environmental Health Coalition was and if they were exclusively from
San Diego.
Ms. Takvorian responded they were a private non-profit organization that was fourtecn years old and located in San
Diego. They had funding from private foundations, government contracts, and had approximately 2,000 members
of which 90% was from the area.
Councilmember Rindone stated one of the scenarios presented was the reduction of toxins which could result in a
considerable increase in labor costs and he questioned if the proposal before them was approved what the
recommendations would be from the Environmental Health Coalition for that third scenario.
Ms. Takvorian responded that they felt their purpose was to do an analysis of what the problem was and to look
at what the current approach was which would include a cost analysis. They would then provide the City with a
recommendation regarding a less toxic product if they felt that was called for as well as the costs associated with
that. It would be difficult for them to say what the increased labor costs would be, but she felt they would attempt
to do it. It was Council's job to determine the priority.
Councilmember Rindone referred to page 18-6, Phase 4, and requested clarification regarding the establishment of
a protocol for approval of toxic chemicals.
Ms. Barnburger responded that evantually they would jointly develop a policy that they would bring to Council.
One of the recommendations would be a procurement policy based upon a cost benefit analysis and enviromnental
analysis. They would develop some type of process to determine how or when they would use a specific product
if it was toxic.
George Krempl, Deputy City Manager, stated staff was asking for support towards EHC going forward for
additional grant monies but it was not a commitment of expenditure of City funds.
Councilmember Fox complimented staff on the thoroughness of the report. He felt the Resource Conservation
Commission should be notified of the project and Council's action.
RESOLUTION 17435 OFI~'ERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and
approved unanimously.
Council recessed to the Redevelopmerit Agency meeting at 9:43 p.m. and reconvened at 11:15 p.m. with
Councilmember Herton absent.
City Manager Goss stated that Item 19 on the Council agenda was time sensitive.
Councilmember Rindone questioned if there were Closed Session items that needed to be discussed.
City Attorney Boogaard stated Council needed to discuss Pease, Daley Rock Quarry litigation, and the Christopher
and Chammas claims. The Chammas claim was not listed on the agenda and therefore it would require action by
Council.
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Minutes
March 22, 1994
Page 14
MSC {Rindone/Fox) to continue the Council meeting past 10:30 p.m. to consider Itons 7, 19 and the identified
Closed Session items with the balance of the Council agenda, Redevelopment Agency agenda, and Industrial
Development Authority agenda being continued to the next regular meeting. Approved 4-0-1 with Horton
absent.
City Manager Goss requested clarification as to which meeting the items were being continued to.
Mayor Nader stated it would be the next regular meeting and not the special meeting/worksession scheduled.
19. REPORT REQUESTING AUTHORIZATION TO ISSUE THE *'REQUEST FOR
PROPOSAL TO MANAGE A MOBILEHOME PARK FOR THE CITY OF CHULA VISTA HOUSING
AUTHORITY" - Council directed staff to pursue the purchase of Bayscene Mobilehome Park by the Housing
Authority. As part of the preparation for purchase, the City needs to select a property management company to
manage the park. Staff recommends Council authorize the Request for Proposal and direct staff to return with a
recommended property management company for consideration. (Director of Community Development) Continued
from the meeting of 3/15/94.
Juan Arroyo, Housing Coordinator, stated that as a result of the item being continued one week the schedule had
been revised for the selection of the manager.
Mayor Nader questioned if there had been any input from the residents committee or anyone at the park.
David Gustafson, Deputy Director of Community Development, responded they were aware of project and
anticipat~d having a member from amongst them on the selection committee.
MSC (Fox/Nader) to accept the staff recommendation and authorize the Request for Proposal and direct staff
to return with a recommended property management company for consideration. Appcoved 3-1-1 with Moore
opposed and Horton absent.
20. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff. Continued to the meeting of April 5, 1994.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 7 and 8. The minutes will reflect the published agenda order.
OTHER BUSINESS
21. CITY MANAGER'S REPORTfS)
22. MAYOR'S REPORT(S)
22a. Ratification of appointment to the Design Review Committee - Patricia B. Kelley. Continued from the
meeting of 3/15194. Continued to the meeting of April 5, 1994.
Minutes
March 22, 1994
Page 15
23. COUNCIL COMMENTS
Councilwoman Horton
23a. Cultural Diversity/Sensitivity Training. Continued from the meeting of 3/15/94. Continued to the
meeting of April 5, 1994.
ADJOURNMENT
MSC eqader/Fox) to find that based on the advice of the City Attorney there was an urgent need to discuss
the Chammas case in Closed Session. Approved 4-0-1 with Horton absent.
The City Council met in a closed session at 11:23 p.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Pease vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding Daley
Rock Quarry CUP.
ADJOURNMENT AT 11:35 P.M. to a Special City Council Meeting/Workshop on Tuesday, March 29, 1994 at
5:00 p.m. in the Council Conference Room, thence to the Regular City Council Meeting on April 5, 1994 at 4:00
p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency convened at 9:59 p.m. and adjourned at 11:15 p.m.
A Special Meeting of the Industrial Development Authority was continued to the meeting of April 5, 1994.
Respectfully submitted,
C C, City Clerk
Vicki C. Soderquist, Deputy~C-ity, Clerk
· I