HomeMy WebLinkAboutcc min 1994/01/04 MINUTES OF A REGULAR ME~TiNG OF THE CI'IY COUNCIL
OF THE CI'IY OF CHUIA VISTA
Tuesday, January 4, 1994 Council Chambers
4:08 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton (arrived at 4:10 p.m.), Moore, Rindone, and
Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and
Beverly A. Authelet, City Clerk
2. PLEDGE OF/H.IEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: December 7, 1993 (City Council Meeting) and December 7, 1993
(Special Joint Meeting of the City Council/Redevelopment Agency).
MSC (Fox/Rindone) to approve the minutes of December 7, 1993 (Courtall) and December 7, 1993
(Council/RDA) as presented. Approved 4-0-1 with Horton absent.
4. SPECIAL ORDERS OF THE DAY:
a. . Oath of off~ce: Civil Service Commission - James Monaghan and William Winters; Growth
Management Oversight Commission - James Kell; and Library Board of Trustees - Constance Clover-
Byram.
Oath of Office was administered to James Monaghan and James Kell by City Clerk Authelet and Certificates
of Appointment were presented by Councilmember Fox.
CONSENT CALENDAR
(Items pulled: 9, 10, and 14)
BALANCE OF THE CONSENT CALENDAR OI~FERFA) BY COUNIER RINDONE, reading of the text
was waived, passed end approved UllnnimOUSly.
5. WRITI'EN COMMUNICATIONS:
a. Letter formally requesting that a public hearing be granted to the homeowners of Bayona regarding
devdopment of homes in their immediate area that do not adhere to the original master plan for the area -
Bayona Homeowners Alliance, 954 Norella Street, Chula Vista, CA 91910; and, Homayoun and Oralia
Nabizadeh, 949 Norella Street, Chula Vista, CA 91910. It is recommended that the letter be received and
acknowledged and that staff be directed to report back to Council after meeting with the area residents.
6.A. ORDINANCE 2579 ADOPTINGANINTERIMPRE-SR-125DEVELOPMENTIMPACTFEE(secend
reading and adoption) - On 11/9/93, Council held a public hearing to amend the Eastern Area Development
Impact Fee for Streets (Trans-DIF) and establishment of an interim pre-SR-125 Development Impact Fee.
Following the hearing, Council approved both items with the condition that new fees or revised fees not be
Minutes
January 4, 1994
Page 2 ._
collected until 1/1/95. Staff recommends Council place the ordinances on second reading and adoption.
(Director of Public Works) Continued from the meeting of 12/14/93.
B. ORDINANCE 2580 AMENDING ORDINANCE 2251 RELATING TO A TRANSPORTATION
DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CrrY'S EASTERN AREA
(second reading and adoption)
7. ORDINANCE 2583 AMENDING ORDINANCE NUMBER 2577, REZONING THE 5.8 ACRE
PAR(Ye.L LOCATED AT THE SO~ST CORNER OF THIRD AVENUE AND *J" STREET FROM C-O, OFFICE
COMMERCIAL AND R-l, SINGLE FAMILY RESIDENTIAL TO &C-P, CENTRAL COMMERCIAL, PRECISE
PLAN, TO AMEND CERTAIN PRECISE PLAN STANDARDS THEREOF (second readin~ and adoption) -
Council set a public hearing date for 12/7/93 to reconsider the General Plan and Rezoning application of
American Stores, Inc. for 5.8 acres located at the comer of Third and 'J" Street. After conducting the
necessary hearing, Council voted to let their previous action approving the General Plan and rezoning stand
as approved by their vote on 11/2/93, and moved to amend the Precise Plan standards in accordance with
the ordinance. Staff recommends Council place the ordinance on second reading and adoption. (Director
of Planning)
8. ORDINANCE 2585 AMENDING ORDINANCE NUMBER 2146 WITH RESPECT TO
LIMITATIONS ON THE AMOUNT OF TAX INCREMENT REVENUES FROM THE BAYFRONT/TOWN CENTRE
REDEVELOPMENT PROJECT AREAS, AND AUTHORIZING INs'i-rrtrrlON OF orJDICIAL PROC~-F-DINGS TO
DETERMINE THE VALIDITY HEREOF (second readinR and adoption) - The Redevelopmerit Agency issued
$7 million in Tax Allocation Bonds for the combined Bayfront/Town Centre Redevalopment Project Areas
in 1979. The bonds were retinaneed in 1984 and again in 1986, decreasing the total principal amount and
annual debt service. Subsequent to that action, however, tax revenues accruing from the Bayfront Project
Area have been reduced due to the Unitary Tax, transfer of major equipment by Rohr, Inc., and reduction
in State subventions. In addition, the delay in the development of the Midbayffont has not provided
additional anticipated revenues to date. Annual debt service on the bonds exceeds revenues accruing from
the Bayfront Project Area. The proposed refunding of the tax inc~ement bonds, taking advantage of
currently low interest rates, should reduce annual debt service and, consequently, reduce the Agency's
annual operating deficit for the Bayfront Redevalopment Project Area. Staff recommends Council place the
ordinance on second reading and adoption. (Director of Community Development)
Mayor Nader questioned if the ordinance on second reading was the same ordinance adopted as an urgency
ordinance at the 9/21/93 Council meeting.
City Airpiney Boogaard responded that was correct. It was worded to give the City the benefit that if the
urgency for any reason was invalidated, the second reading would be a backup measure that would be
effective on a regular basis.
9. RESOLUTION 17346 APPROVING AN EXTENSION OF THE AGREEMENT WITH REMY
& THOMAS FOR LEGAL CONSULTING SERVICES FOR THE OTAY RAN(]-I PROJECT AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT - The extension is to review environmental documents for
compliance with CEQA; provide guidance of processing environmental support documents to assure
compliance with CEQA. Staff recommends approval of the resolution. (Deputy City Manager Krempl)
Ptt[led from the Consent Calendar.
Mayor Nader questioned ff the authorization was to pay for work that had already been done. He further
questioned if additional review was needed to complete the project.
Minutes
January 4, 1994
Page 3
George Krempl, Deputy City Manager, responded that was correct. There could be some minimal work
needed to get the documents in final publishable form.
Mayor Nader stated if the taxpayers were being stuck his answer might be if they had gone over the cap
without coming to Council for anthorization, it might be too bad for them. He questioned if Baldwin had
given consent to the overrun prior to it being incurred.
Mr. Krempl responded that they did. Staff was not aware before the fact that the amount had been
exceeded. If they had, they would have brought the amendment to Council sooner. A similar situation
existed for Lettieri Mclntyre which would be brought to Council.
CounciLmember Moore questioned why it was tolerated no matter who's money it was. He questioned ff
work was required that was outside of the RFP.
Mr. Krempl stated that in his opinion it was not that they did work outside of their contract, but due to an
inadequate estimate as to what it would have cost to do the work. The contract called for them to be
reimbursed on a time and materials hourly basis and it turned out that the amount of hours needed to
complete the work exceeded the estimate to complete the job. It did fulfdl what was intended by the
contract and Baldwin felt the work had been done expeditiously and in a cost effective manner, as did the
City.
CounciLmember Moore stated they were seeing more and more consultant services coming in with inaccurate
information, late data, overruns, etc. and he would be more resuictive of who he approved contracts for in
the future. He felt staff should be directed to include in reports how many times a contractor had a contract
with the City, if they had overruns and if so, how much, if they had a time delay and if so, how many days.
CounciLmember Fox stated that with the information presented he was not prepared to support the
resolution. He requested more specific information as to the specifics for the cost overrun and why the
Council was not notified before the fact.
MSUC (Moore/Fox) to continue the item for further input from the consultant as it pertained to the item.
10. RESOLUTION 17347 APPROVING AGIIF. F. MENT WITH REMY & THOMAS FOR
LITIGATION REPRESENTATION SERVICES IN CONNECTION wrrH THE C~J~PARAL GREENS LAWSUIT,
AND AUTHORIZING MAYOR TO EXECUI~ SAME - When the City of Chula Vista and County of San Diego
approved the fmal version of the Otay Ranch Project, part of the approval was an indemnification agreement
by Otay Vista Associates, indemnifying approval. Chapparal Greens and Daniel Tart have sued the City, the
County, and Baldwin alleging inadequacies in the final program EIR and/or violations of CEQA. Staff
recommends approval of the resolution. (Assistant City Attorney Rudolf) Pulled from the Consent Calendar.
Mayor Nader questioned if the City could bow out of the lawsuit and send a letter to the judge saying the
decision was up to the judge, as it was beetween the judge and Baldwin, and the City would abide with
whatever was decided.
City Attorney Boogaard stated that would be inconsistent with the City's commitment to defend in good
faith.
Mayor Nader stated on that representation he would reluctantly vote for the resolution.
RESOLUTION 17347 OffERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and
approved unanimously.
Minutes
January 4, 1994
Page 4
11. RESOLUTION 17348 APPROVING A MEMORANDUM OF UNDERSTANDING (MOLD
WITH THE t;l't'lES OF LA MESA, POWAY, NATIONAL CITY, AND IMPERIAL BEA(/-I FOR PURPOSES OF A
COORDINATED APPROA(ll TO REGULATING CABLE TIll .FTqISION RATES AND APPROPRIATING FUNDS
THEREFOR - The cities of Chula Vista, La Mesa, Poway, National City, and Impetial Beach have been
working together to develop a joint approach to reviewing and regulating cable television rates. The cities
are proposing entering into an MOU in order to hire a cable television consultant that will provide services
to the group of cities. Staff recommends approval of the resolution. (Director of Finance) 4/Sth's vote
require&
Councilmember Fox stated there were other cities served by Cox Cable that were not included in the MOU
and questioned what they were doing,
Jim Thomson, Deputy City Manager, responded some of the cities had not decided whether they wanted to
regulate cable television and were on a wait and see basis. The City and County of San Diego had a larger
staff and auditors and would be doing it in-house. Staff contacted all the cities served by Cox Cable and
extended to them the opportunity to join in the MOU.
12. RESOLUTION 17349 ACCEPTING CALIFORNIA STATE LIBRARY MATOIlING FUNDS
AWARDED TO THE CHUIA VISTA LrFERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL
YEAR 1993/94 BUDGET TO INCLUDE .25 FULL TIME EMPLOYEE POSITIONS - The California State Library
has announced that California Library Services Act funds are available to supplement funds raised locally
by literacy programs which were originally awarded five-year start-up grants through the California Literacy
Campaign, and are now in their sixth year or beyond. The amount of funds awarded is based on a match
of $1 for every $4.S1 raised locally and spent during Fiscal Year (FY) 1993/94. Accepting the grant will
provide $25,838 in FY 1993/94 to the Chula Vista Literacy Team. The funds cannot supplant existing funds.
Staff recommends approval of the resolution. (Library Director) 4/5th's vote require&
13. RESOLUTION 17350 AMENDING RESOLUTION 16756 TO ADD APPROPRIATION OF
FUNDS FOR THE SECOND AMENDMENT TO THE AGREEMENT WITH WALLAOi, ROBERTS AND TODD,
INC, FOR PREPARATION OF A RESOURCE ENHANCEMENT PLAN FOR THE 0TAY RIVER VAI.I.RY - On
8/25/92, Council approved Resolution 16756 "Approving the second amendment to the agreement with
Wallace, Roberrs and Todd, Inc. for expanded scope of work, and authorizing acceptance of an agreement
with the State Coastal Conservancy Enhancement Plan for the Otay River Valley." The resolution did not
contain appropriating action due to staff oversight. In order for the City to receive the grant funds on a
reimbursement basis, the $8,000 must be appropriated to PR-148 - Otay River Valley - State Grant. Staff
recommends approval of the resolution. (Director of Parks and Recreation) 4/Sth's vote require&
14. RESOLUTION 17351 APPROVING AN AGREEMENT WITH FRANK (}IABOUDY FOR
PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF THE CHULA VISTA TENNIS
CEbrI'FA~, AND AUTHORIZING MAYOR TO EXECXrl~ SAME - The Chula Vista Tennis Center has been
operated by a tennis professional, Frank Chaboudy, since November 1985 under an agreementwith the City.
A new agreement has been prepared to continue his professional tennis services for three years. Staff
recommends approval of the resolution. (Director of Parks and Recreation)Pulled from the Consent
Calendar.
Councilmember Horton questioned the number of courts and if they were eurrently adequate.
Jess Valenzuela, Director of Parks and Recreation, responded that there were ten unlit courts at
Southwestern College and the City had four lit courts. The City had a joint powers agreement with the
College.
Minutes
January 4, 1994
Page 5
Mr. Chaboudy stated they had an agreement which allowed the Chula Vista Tennis Center to use five of
their courts for tournaments. The public used the College's courts when the College did not have classes,
but they were not administered by the Tennis Center. The College classes finished about 1:00 p.m.
Councilmember Horton questioned if the rate schedule was competitive with other public or private
programs. She further questioned the number of juniors in the program.
Mr. Chaboudy responded they were lower then anyone in San Diego County. They had approximately
eighty juniors in their program.
Councilmember Horton questioned how the services were promoted.
Mr. Chaboudy responded that word of mouth was their best advertisement.
Mr. Valenzuela stated the tennis lessons were advertised in the Parks and Recreation brochure that was
distributed to every school within the City.
Councilmember Horton stated she would like to see as many youth involved in the program as possible.
She questioned how Bonita Vista High School, EastLake, and Marion had been targeted for free lessons.
Mr. Chaboudy responded it was because the coaches took lessons from the Center.
Councilmember Horton questioned if the same services were offered to other students in the area. She
further questioned how students were informed the service was available.
Mr. Chaboudy responded that was correct. It was advertised through word of mouth.
Mr. Valenzuela stated he did not believe the free tennis lessons were being advertised in the brochure. Staff
could make that available and get the information out to the Sweetwater High School Disuict.
Mr. Chaboudy stated free lessons were also being given at the elementary schools through the San Diego
Tennis Association.
Mr. Valenzuela stated the City had a program, in coordination with the Southern California Tennis
Association, where they ran free tennis lessons with a tennis instructor that roamed from playground to
playground and that was advertised in their brochure.
Councilmember Horton stated the contract required the courts be washed weekly and questioned what
happened during a drought situation.
Mr. Chaboudy responded the requirement had been in the original agreement and they had not been
washing the courts weekly since the drought.
Councilmember Moore felt the program could be promoted in the Chula Vista Quarterly.
ORDINANCE 173S10I,'FERED BY COUNCIl.MEMBER MOORE, reading of the text was waived.
AMENDMENT: (FoX/Horton) to direct staff to advertise the free lessons in the Parks and Reffeation
brochure and to other schools besides the three listed in the report. Page 14-9, second paragraph, of the
contract should be amended to read *that in drought situations the courB be washed on a schedule
acceptable to the City Menager or his designee. Approved IlnanimOnsb].
VOTE ON RESOLUTION AS AMENDED: approvednnanimonsly.
* * * Council recessed at 6:10 p.m. and reconvened at 6:49 p.m. * * *
* * END OF CONSENT CALENDAR * ~
Minutes
January 4, 1994
Page 6
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING CONSIDERING ORDINANCE ESTABLISHING TFJ.RGRAPH
CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACt FEE (DIF) TO PAY FOR SEWER
IMPROVEMENTS WrrHIN TI~I.EGRAPH CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF
BUILDING PERM1TS FOR CON:~-fI(UCTION IN THE TF.I.I~GRAPH CANYON SEWER BASIN - On 10/20/92,
the City established the Telegraph Canyon Sewer Development Impact Fee. Based on the "Telegraph Canyon
Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows" a fee of $560 per
pumped EDU should be established. Staff recommends Council continue the public hearing to the meeting
of January 18. 1994. (Director of Public Works) Continued from the meeting of 12/7/93.
This being the time and place as advertised, the public hearing was declared open.
MSUC (Nader/Horton) to continue the public hearing to the meeting of January 18, 1994.
16. PUBLIC HEARING TO CONSIDER THE PARTIAL WAIVER OF TRANSPORTATION
DEVELOPMENT IMPACT FEES FOR LOTS S AND 6 OF MAP 12267 (RAN(~IO DEL REY BUSINESS CENTFA{)
- Jerome's Furniture Warehouse proposes to locate in the Rancho del Rey Business Center which was
assessed Transportation Development Impact Fees (TDIF) through an assessment district formed over the
lots proposed for development. The TDIF assessed in the assessment district was based upon an industrial
use for Lots S and 6. Jerome's Furniture is considered a commercial use which is assessed at a higher rate.
Jerome's has requested a waiver of fees based upon SANDAG trip generation rates which indicate that a
fttrniture store generates less traffic than most industrial uses. Jerome's, therefore, has requested a waiver
of additional TDlF for their project. Staff recommends approval ofthe resolution waiving the requirement
for Jerome's Furniture Warehouse to pay an estimated $177,840 in additional TDIF. CDirector of Public
Works)
RESOLUTION 17352 APPROVING WAIVE~ OF ADDITIONAL TRANSPORTATION
DEVELOPMENT IMPACt FEES FOR LOTS S AND 6 OF MAP 12267 (RANCHO DEL REY BUSINESS CENTER)
Chris Saiomone, Director of Community Development, stated they had received a letter from Mr. Jerome
Nararra, President and CEO of Jerome's, in which he committed his intention to operate the Third Avenue
store in addition to the new store. Staff was satisfied that both stores would be open.
Councilmember Moore supported the staff recommendation, but was concerned there was not a contractual
agreement to keep the Third Avenue store open. He questioned if Mr. NavmTa wouid consent to an
agreement which would state that if Financial obligations forced closure of the Third Avenue site in less than
six years, Jerome's would agree to a sublease within a City negotiated agreement to include, but not limited
to, the users of the site, but not less than two tenants with a tax base totalling the present usage.
This being the time and place as advertised, the public hearing was declared open.
Jerome Navarra, 2181 Guy Street, San Diego, CA, representing Jerome's, hoped Council would not
discriminate against them in their minds because they already had an existing location. Their traffic impact
would be about 6 trips/I,000 sq. ft. as opposed to industrial use which averaged 10-12 u-ips/1,000 sq. ft.
and commercial uses which were 40-50 trips/I,000 sq. ft. They submitted a study conducted on one of their
parcels which confirmed the SANDAG traffic numbers.
Councilmember Fox stated one of the concerns was that Council did not want to see large tenants on the
west side of town leave to locate on the newer eastern side of the City. They were also concerned that if
vacated the building would be parceled out to ten or twelve businesses resulting in a strip mall and a blight
on the western part of the City.
Minutes
January 4, 1994
Page 7
Mr. Navarra stated the property probably sat back to far from the street and, therefore, would not be a good
use for a strip mall. He did not feel that people shopping at the existing store would change their shopping
habits. Fuxniture stores took three years to get established and they owned the property and were
committed. He saw the eastern market as something different. There was a need for a store in the
Southbay for bargains as opposed to a store on the eastern side with a little nicer appearance.
Councilmember Fox questioned if there could be a deal if Council waived the transportation fees and
Jerome's, or their successors would commit that if they vacated the Third Avenue store within 5-6 years they
would agree not to lease it out to more than two tenants.
Mr. Navarra stated the problem he had with that was if they did close the Third Avenue store it would be
because of fmanciai hardship. If he was in that position, he would really regret limiting any options to ball
himself out of that hardship. It was easy to say that now, but the reality was if they ever got to that
situation it would only make the situation worse.
Mayor Nader questioned if the store was closed and the land owner wanted to turn it into a strip mall, if
the City had any type of controls in the zoning codes or planning codes that would give them control as to
what would go in there.
Robert Leiter, Director of Planning, responded there would be design review power over any changes in the
exterior of the building. In addition to that, a change from a furniture store to a sUip mall would probably
result in higher parking requirements. As a result, it would be very difficult to convert it into a mix of
general retail uses and still meet the parking requirements.
Mayor Nader felt that rather than single out Mr. Navarra for a particular condition that would not be applied
to anyone else, it might be good to look at the City's codes and keep in mind that Council had the ultimate
land use authority in the City.
Councilmember Rindone felt the most similar case was the Home Depot compromise that was worked out.
It required the approval by staff of potential backfill stores. He stated he was excited to see Jerome's expand
within Chula Vista and felt there would be a real benefit to the City.
Mr. Navarra stated they were a family store that had been in operation since 1954 and only operated in San
Diego. They owned all their properties and were very committed to the communities they were located in.
They were precluded from taking it to a higher use by the County. He felt a good number of his staff lived
in Chula Vista and the Southbay and he did not have a problem with a program that would attempt to first
hire people from the immediate area.
Councilmember Moore stated he would like some commitment to work with the City if the Third Avenue
store closed before six years. When it came time for subleasing, the City was there to help them, it was a
mutual agreement.
Mr. Navarra responded that the property was involved with the RTC and they had been working on it for
over nine months. It had been very difficult and he wanted to get it completed. He knew they would be
at the Third Avenue site for three years, but the further past that the more his fear level went up as he did
not know what would happen with the economy.
There being no further public testimony, the public hearing was closed.
MOTION: (Moon) to amend the letter from Mr. Navarra to add a paragraph which would state "ff financial
obligations forced closure of the Third Avenue site in less than three years, Jerome's would commit to a
sublease agreement with the City that was mutually acceptable.
Minutes
January 4, 1994
Page 8
Councilmember Rindone questioned if the motion included the practice of employing people from Chula
Vista.
Mr. Navarra stated they could do, and were willing to do more, but needed to be careful of discriminatory
hiring practices. He would commit that whenever there was a job opening they would always advertise in
the local newspaper for that job.
Councilmember Rindone stated that would be acceptable.
Mr. Navarra stated that on the three year commitment, he would flatly commit that they would be open for
three years. Economically he did not see anything that could happen before that.
MOTION SECONDED: (Fox) approved unanimOUSly.
City Attorney Boogaard questioned if Council wanted staff to reduce the commitment to written articulation
before the deferral was granted or give the Manager the authority to approve the articnlafon and then grant
the deferral.
Mayor Nader stated his preference would be to give the Manager the authority to approve that and to
proceed with the resolutions. He was excited that Jerome's was opening a second store in Chuia Vista as
it would generate revenues for the City, employ people, and generate less traffic than would normally be
generated in that zone.
RESOLUTION 17352 OH'P. RED BY MAYOR NADER, reading of the text was waived, passed and approved
ORAL COMMUNICATIONS
® A. Robert Tierney, 466 I'D" Avenue #B, Coronado, CA 92118, stated the City was not in compliance
on the Broadway project with Title II of the American Disabilities Act, California Title 24, California
Assembly Bill 1077, and several others. He had brought the non-compliance issues to the City Attorney,
Engineering, and Brad Remp the ADA Coordinator, and over the past several months nothing had been done.
The new roller skating rink on Broadway did not comply with either State or Federal access standards from
parking requirements, to communications, to the restrooms. He had documented dates and taken
photographs and unless the Council could assure they would give the matter their utmost attention he
would, within thirty days, proceed with an injunctive relief at State and Federal levels. An individual had
been killed at the Target Store and he had brought the situation up to the Planning Commission last year
and had been assured they would comply with Ti~e 24. It still did not comply and that was where the man
was killed. The City was in violation of Section 522, subsection b, subsection 9 under California State law
regarding visual aid devices for traffic control and Section 7103, subsections a-e.
Mayor Nader questioned if there was any staff response.
City Attorney Boogaard stated the gentleman came into his office a few days before the Christmas Holiday
and presented the issues. Staff was investigating and taking the appropriate actions on construction projects.
The incident at the Target Store had nothing to do with any violations the City might or might not have
engaged in. The cost of doing what the gentleman referred to on the Broadway project was a tremendously
expensive situation because of the monolithic sidewalks. A wheelchair going down that sidewalk had to tilt
at an angle beyond the limitations of the ADA and the only way that could rationally be corrected was to
build a ramp around each driveway ramp cut. He was exploring with the Engineering Department ways that
future projects could be built to comply with the ADA requirement. Staff would be taking the corrective "
actions that needed to be taken and would bring it to Council at the appropriate time. He recommended
Minutes
January 4, 1994
Page 9
that because the threat of litigation, Council not engage in tremendous discussion unless there were
particular matters that he could respond to.
Councilmember Moore questioned if the Federal government had required the City to make retroactive curb
cuts.
City Attorney Booguard responded that the triggering effect had become as insignificant as resurfacing of
a street. That could be enough, although staff was not sure yet, to trigger a need to make the sidewalks
next to the resurfacing project comply with the ADA. The financial impact would be tremendous. He
preferred to not address the duties of retroactivity due to the threat of litigation. Staff did intend to address
the problems in the future and were working on it and intended to conform.
Mayor Nader stated that whether the City agreed with the law, or not, they were supposed to comply with
it. He did not know if the law was the most common sense way to achieve the objective, but if there was
a law that said the City was supposed to build a project a certain way the City should be complying with
it. He wanted to see, and if the City Attorney felt that to protect the City's interest it needed to be
confidential memorandum it was acceptable, something that indicated what the law was, how the City's
eftorB currently compared, and what the City was doing. He assumed that both private contractors and
public engineers were familiar with ADA requirements.
City Attorney Booguard stated there was a point of law which was recently corrected by a Philadelphia case
with regard to the ADA. Before, it was felt that a resuffacing project did not trigger the duty to require the
adjacent parkway, driveway ramps, and sidewalks to come into compliance. The case came down and
changed that and he was not certain as to the timing of that in relation to the effect on Broadway. Staff
was aware of the current interpretations of the ADA by the courts and would require that all future
construction contracts were in compliance. It was an expensive cost to the community and they were trying
to fred an engineering solution that would allow the City sufficient compliance.
Mayor Nader stated he would support any engineering solution that would comply with the law and save
resources at the same time. If it was Congress' intent and decision that disabled access was to be given a
higher priority than a larger amount of street resurfacing, and it was the law, then the City needed to
comply with the law whether they agreed with it or not. He expected a memorandum to Council that would
lay out what the issues were, what the City's compliance history had been, and how the City intended to
comply.
City Attorney Booguard stated it was a difficult problem and they were trying to deal with it at the staff level
and before the next construction job was issued there would be a solution and staff would have advised
Council of it.
Councilmember Fox expressed concern that the City could be in non-compliance on a project. He requested
that the memo deal specifically with that issue. He questioned what staffs intent was.
City Attorney Booguard responded that he preferred to have a Closed Session discussion due to the threat
of litigation.
Mr. Tierney stated he would withhold litigation if he was included in the discussions.
Mayor Nader suggested the City Attorney's office contact Mr. Tierney to ascertain whether there was a
pending threat of litigation that required a Closed Session discussion. If necessary, it should be agendized
as potential litigation for Closed Session, if the threat had been withdrawn to the City Attorney's satisfaction
then it should be agendized as an appropriate public item. He felt the memo discussed needed to be
provided to Council as a basis for that discussion. It should include also the specific issues raised by Mr.
Tierney regarding the Broadway project.
Minutes
January 4, 1994
Page 10
City Attorney Boogaard requested that he be allowed to advise the Council verbally and if he could do it
in open session he would do so.
Mayor Nader stated that was acceptable.
City Attorney Boogaard stated he had evaluated the issue and did not believe that staff, based on the
interpretations that every other jurisdiction had made over the requirements of the ADA did not deviate from
the standard. He did not believe the City had significant exposure in that regard.
Mayor Nader stated he was not suggesting that staff deliberately violated the law. He was looking for
whether or not the City was meeting the intent of the law as they currenfiy knew it. Should there be some
rettoactive changes, if so why and what implications that would have on future projects.
BOARD AND COIVilVilSSION RECONIMENDATIONS
17. RESOLLrFION 17353 SUPPORTING CALIFORNIANS FOR PARKS AND WILDLIFE BOND ACT OF
1994 - It is recommended that Council approve the resolution.
Councihnember Moore stated the problem he had was that he felt elected officials should not entice people
to vote for or against an item that would cost the State money and increase the multi-billion dollar deficit
the State already had.
Mayor Nader stated he supported the Parks and Recreation Commission recommendation. It would not be
an annual budget appropriation. It was true that it obligated the State to pay bonds, but it was over a very
extended period and it was a pohcy decision that needed to be made by the voters. He felt it was consistent
with positions the City had taken regarding the Otay Valley Park proposal as part of the green belt system.
If the initiative did not pass he did not know where the money would come from for that project. The other
programs listed were on a competitive grant basis and would ultimately be spent in a process that would
encourage innovation and encourage governments to devise programs that would benefit local communities
including Chula Vista. A similar mechanism was used to fund the new South Chula Vista library branch.
Councilmember Fox felt it was the only mechanism that would help with the Otay Valley Regional Park.
Therefore, he would support the recommendation of the Parks and Recreation Commission.
Councilmember Moore did not feel it should be compared with a library as the library was a known item
and those items listed were unknown as well as the benefits received.
RESOLUTION 17353 OFFERED BY MAYOR NADER, reading of the text was waived, passed 4-0-1 with
Moore opposed.
18. REPORT HOSTING AN INTERNATIONAL FRIENDSHIP FEb-rI~/AL - On 9/24/91,
Coundl requested a report from the International Friendship Commission regarding the possibility of hosting
an International Friendship Festival similar to the one hosted by the City of E1 Cajon in 1991. It is
recommended that the City not proceed with hosting an International Friendship Festival at the present time.
(International Friendship Commission)
Councilmember Rindone felt the International Friendship Commission may have misinterpreted that they
would have been asked to do the whole thing. The intent and value of the aetivity was to look at a City and
eommanity commitment to involve advisory agencies, partnerships, etc. He felt staff should look at a
combination of agencies and efforts. The City needed to be proactive in solving the problems of youth,
graffiti, and gang problems. Council would be sending the wrong message by ratifying the recommendation.
He did not feel it should be dumped on the International Friendship Commission to pull it off.
Minutes
January 4, 1994
Page 11
MS (Rindone/Horton) to refer to staff to develop a recommendation for necessan] staffing and o~her
resources outside of the current IFC resources available. It would also include any other public agency or
group that would like to participate.
Councihnember Moore felt the motion relieved one commission from being over extended. If it was in E1
Cajon in 1991, maybe the goal should be to plan and prepare to compete in a given year in the near future.
Therefore, there would be plenty of time to plan and compete.
Mayor Nader felt the minutes reflected the Commission's considering what the available staff resources were
and concluded that they were not adequate. Also, that if $20,000 was available perhaps there would be
other priorities in their view within the International Friendship/Sister Cities program for the use of those
funds and resources.
AMENDMENT: (Nader, agreed to by the Maker and Second of the Motion) to refer the ken back to the
International Friendship Commlnsion to advise the Council if there were to be an augment for International
Friendship and Intercultural activities of $20,000 whether they would still recommend against holding the
festival or if there was sore e other idea that they might have for the additional resources Council may want
to look aL
Councilmember Rindone felt the comments made were appropriate as the International Friendship
Commission was one of the hardest working commissions the City had. Although he had not discussed the
issue with any of the members, he felt the amendment was appropriate. He also felt it sent a good message
in that the Commission was not expected to do it all alone and to come begging to Council for financial
assistance.
VOTE ON MOTION: approved unanimously.
ACT]ON ITEMS
19.A. RESOLUTION17354 REQUESTINGTHESANDIEGOCOUNTYWATERALrFHORITYTO
DEVELOP AND ADOPT A POLICY WHICH PROVIDES FOR PRIORITY ALLOCATION OF WATER SUPPLIES
TO THOSE ~H'mS VOLUNTARILY IMPLEMENTING WATER CONSERVATION MFASURES - On 11/9/93,
Council directed staff to pursue development of a policy to provide priority water allocation to qualifying
industries during times of drought, in order to insure the least possible interruption of water supplies to
those industries which would be most impacted and/or are targeted recruitment prospects. The direction
stemmed from a proposal made to the Interagency Water Task Force at their 9/10/93 meeting. It was
suggested that eligibility criteria be established for qualifying businesses and that the City work with the
water districts to assure no net negative impact on water availability by reducing General Plan density, with
exemptions for developers independently pursuing water conservation/availability measures. Staff
recommends approval of the resolutions. (Director of Community Development and City Attorney)
B. RESOLUTION 17355 REQUESTING THE SWEETWATER ALrI~ORITY AND THE OTAY
WATER DISTRICT TO IMMEDIATELY DEVELOP AND ADOPT A POLICY PROVIDING FOR PRIORITY
ALLOCATION OF WATER SUPPLIES TO QUALIFYING BUSINESSES WITHIN THE CI'IY DURING TIMES OF
DROUGHT
Councilmember Hotton requested the definition for "qualifying businesses".
Cheryl Dye, Economic Development Manager, stated the criteria had not been developed, but would be
developed in conjunction with the water districts.
Councilmember Moore questioned if they had the east before the horse. If the resolution was sent to the
water authorities he felt they would question what the City's rationale and program were. He questioned
Minutes
January 4, 1994
Page 12
whether it should go to the Interagency Water Task Force for review first. He did not want to move to fast
and be unprepared.
Mayor Nader stated an outline and concept of the program had gone to the Interagency Water Task Force
more than once. His impression from their discussion, and discussion with water district members outside
the meeting, was that if the City wanted to pursue it the districts needed some conceptual policy direction
from Council. The rationale as presented was to improve the City's competitive position in seeking the
retention and location of businesses within the City that may need some guarantee of water supply for it
to be a competitive location versus other jurisdictions where cyclicle drought was not a periodic
consideration. There needed to be a cooperative effort with the water districts because it would be
implemented jointly by the City and water disnicts in terms of developing criteria of what a qualifying
business was. The County Water Authority had conveyed to the City, as well as the local water districts,
that within any given water districts allocation from the County Water Authority it was really a local
decision as to how to allocate it during a time of drought.
Councilmember Moore felt if he was on the County Water Authority staff and received the resolution and
did not have an inkling that the checks and balances were in place and that a good rationale was in place,
he would question whether the City wanted more water and would not be supportive. He questioned what
was being provided to explain the rationale behind the City's action.
Mayor Nader felt that was a good point as that issue had been raised. The intent was not to leave anyone
out or grab an additional share for the City. He suggested that a letter be prepared for his signature that
would include clarification that the City was not asking for an overall allocation either to the district or
locally in excess of what it would normally be, but were asking for a policy within those allocations which
would make certain assurances to qualifying employers.
Councilmember Fox stated he would support the resolution as he saw it conceptual in nature. The intent
was not to come back with the specifics. He was disappointed they were not able to get more formal input
from the boards/commissions, i.e. the EDC and RCC.
Mayor Nader stated he did not have a problem with inviting both the EDC and RCC to participate in making
recommendations as to the specifics that would have to come before the Council and water boards before
it could actually be implemented.
RESOLUTIONS 17354 AND 17355 OI'P'PA~,ED BY MAYOR NADER, reading of the text was waived, passed
and approved unnnlm OUSb].
MSUC (Nader/Rindone) to direct staff to prepare a letter for the Mayois signature outlining the intent to
provide water guarantees to qualifying employers, but not seeking to: 1) exclude any otherVunsdiction, and
2) increase, at any other jurisdicfons expense, the Cit~fs water allocation.
20. REPORT UPDATE ON SOLID WAb-I-E DISPOSAL ISSUES - An oral report will be given
by staff.
George Krempl, Deputy City Manager, stated the RFP was out and on schedule. Staff expected responses
in the later part of February and would report back at that time. The City made a strong presentation to
the Solid Waste Commission for restoration to the budget of mitigation, host, and facility fees. That action
was referred to the Commission's Audit and Budget Committee for further evaluation and input. The City
would be participating in that process. The Commission received input on the North County JPA process.
The alternatives in comparison with the County system would receive further study by a subcommittee of
the Interim Commission.
Minutes
January 4, 1994
Page 13
Councilmember Rindone stated the all day workshop on governance did not produce a finn decision, but
the majority of the participating cities and the County were looking more preferably at a JPA than to
continue with the current system. He felt the City's primary goal was to see a successful system with a
primary emphasis on keeping the rates down while trying to fred alternatives.
Councilmember Moore stated he was concerned as to whether the JPA would have to take trash to a pit or
take over the entire solid waste system. If it was the entire solid waste system he questioned if the funding
from the Enterprise Fund would continue or be modified.
Mr. Krempl stated the transfer station option was a key component of the RFP.
ITEMS pULI.F.I~ FROM THE CONSENT CALENDAR
Items pulled: 9, 10, and 14. The minutes will reflect the published agenda order.
OTHER BUSINESS
21, ~l'lY MANAGER'S REPORTf S) - None.
22. MAYOR'S REPORT(S)
a. Enforcement of gra~iti abatement. Continued from the meeting of 12/14/93. Mayor Nader stated
the item had been put on the agenda last month in response to complaints from citizens that graffiti that
was being reported was not being abate& He had wanted to check into the enforcement of the existing
ordinance and the ability of the City to deal with graffiti on private property as a nuisance and then clean
it up at the owners expense. He had been informed that it had not been done, owners had been contacted,
but the follow-up of enforcement and abatement was not happening in all cases. He wanted to get staffs
side of the story in terms of staffs understanding of what the current law was, how it was being enforced,
and a sampling of the enforcement actions being taken. That would allow the Council to see if there was
an enforcement problem and if there was one, whether it was with the staff interpretation of action taken
by Council or if further action was needed by Council.
MSUC (Nader/Moore) to direct staff to prepare a report to Council outlining the enforcement of the
abatement ordinance, staffs understanding of the abatement ordinance and implementation of it, and any
recommendations staff had ff they felt additional Council action was needed to enforce graflili abatement_
b. Ratification of appointment: Jorge F. Caslj~o - Cultural Arts Commission. Continued from the
meeting of 12/14/93.
MSUC (Nader/Moore) to approve the appointment of Jorge F. Caslil]o to the Cultural Art COmmi~iolL
C. Reconsideration of San Diego Wal-Mart lawsuit settlement. Continued from the meeting of
12/14/93. Mayor Nader stated that in discussing with staff the basis for the lawsuit and having extensive
discussions with City of San Diego officials, the City should take the good faith effort of returning the
$100,000 as settlement of the lawsuit. He had voted to authorize the suit because the San Diego City
Attorney, after being requested to grant an extension of Statute of Limitations so the City could further
consider whether a suit should be fried, chose not to do that and not to convey the City's offer to the San
Diego City Council. Because of that, Council had to make a rush decision that was not their fauit and if they
had been given time to give the issue full review he did not believe there would have been a suit filed. The
feeling left with the City of San Diego, and the developer, was that they had been shaken down and he did
not feel that was the City~s intent. The intent was to protect the constituents of the City and Council had
Minutes
January 4, 1994
Page 14
acted with a gun to their heads to preserve their option to do so. The effect was one that was unintended.
Good neighborly relations suggested that the settlement be returned.
MS (Nader/Fox) that the City offer to return the $100,000 accepted last year as settlement of the Wal-Mart
Councilmember Fox felt there was an important lesson in that when the Council had their backs against the
wad and facing time limits with other elected officials that it should not be staff dealing with other staff,
but elected officials dealing with elected officials. He did not feel the San Diego City staff had acted
properly, but felt the elected officials should have become involved.
Councilmember Rindone stated the item had been extensively discussed in Closed Session and he had voted
against the lawsuit. Council had looked at the best way to obtain resolution and he felt the motion was an
attempt to do that. He was opposed to giving the settlement back without discussion being held between
the two staffs regarding the City's intent. He felt that would send a wrong message. He supported the
settlement being returned after a dialogue was held. Therefore, there would not be a misinterpretation.
The $100,000 did not come anywhere near enough to mitigate the concerns presented to Council. He hoped
that would also help to avoid misunderstandings in the future.
SUBS'IIfL1TE MOTION: (Rindone/Moore) to direct staff to discuss with staff from the City of San Diego
the motivalions of the measure, the concerns by the Council, and seek to use the $100,000 toward the
resolurion of those concerns.
City Manager Goss stated on 12/17/93 he and several staff members met with the San Diego Planning
Director and City Manager to discuss a variety of issues including the lawsuit. They reviewed the historical
concerns and Council intent regarding those issues. The San Diego City Manager indicated that the action
by the Chula Vista Council to contribute the money to something hke the development of the Transportation
Phasing and Financing Plan for Otay Mesa, which would benefit both dries, was acceptable and he would
be willing to work with the City of Chula Vista. He did not feel he had received a response as to whether
they felt it would be beneficial to not gather the money from the developer, as it did not directly impact the
City of San Diego.
Councilmember Moore was thankful the two city managers met to discuss those items. He questioned
whether the refunding of $100,000 was going to win any friends or influence any people. Whatever was
done there should be appropriate correspondence, over the Mayor's signature, to the Mayor of San Diego
with copies to all councilmembers. He felt there should be a subcommittee of both Councils.
Correspondence should include what the City would like to have done with the offer to work with them and
also the rationale of why the City sued in the first place.
City Manager Goss stated another suggestion at the meeting was the interest on the part of Chula Vista to
have a subcommittee meet with a subcommittee of the San Diego City Council. They had received a positive
response to that and it would have to be processed through the San Diego Mayor's office. The main
question was who would the City of Chula Vista want on that committee.
Councilmember Moore felt the Mayor of San Diego should be on the committee.
City Manager Goss responded that San Diego's recommendation would be the two district representatives,
it did not include the Mayor. Staff raised questions regarding the second person. They had recommended
that staff meet on a monthly basis with the subcommittee meeting quarterly.
Councilmember Fox stated he could not support the substitute motion. He did not think that $100,000
would win any friends or win the argument. Returning it would be a good gesture. He might support it
if there was a possibility they could get the Otay Mesa Transportation Phasing Plan which was of supreme
importance to him, but he did not feel it would make a difference. Dialogue had been started and hopefully
Minutes
January 4, 1994
Page 15
would continue on with the elected officials. He felt returning the settlement would show that the City
meant well and wanted to start fresh with honest intentions,
SUBSriI~IJTE MOTION: (Rindone/Horton) to direct the Mayor and his designee to meet with Mayor
Golding and Couneilmembe~ Vatgas at the earliest possible date with the genuine intent to make sure there
was a full explanalion and understandinE of the ~e, background, intent, and return of the settlement.
Councilmember Fox questioned if there was a condition that a dialogue had to be held prior to the refunding
of the $100,000.
Mayor Nader stated that both things were to take place, but were not conditioned upon each other.
City Attorney Boogaard stated the mechanics needed to be dealt with. The City had received a promise to
pay $100,000 at the time the CO's were issued on Wal-Maxt. The conttact could be surrendered to the
benefit of Gatlin or the City could assign contract rights to Gatiin and let the City of San Diego release Gatiin
or collect the money at their choice. Otherwise the City was giving the $100,000 value of the release to the
private person and not letting the City of San Diego have the benefit of capturing the City's negotiations.
Mayor Nader stated he was in support of the last substitute motion because the intent was not to tell the
City of San Diego that the City was trying to do them any favors that they would not have been entitled to
without the lawsuit. The intent was to send a message that the City did not mean to penalize a private
developer who was working with the City of San Diego and was in the cross fire between the two cities.
It was also to get a dialogue between the top officials of the two cities to foster better cooperation in the
future.
City Attorney Boogaard stated that once the City released the contract and the benefit was given back to
Gadin, the City of San Diego, even if they wanted to, could never reclaim that benefit.
Mayor Nader stated they had not heard anything from the City of San Diego that they had any interest in
doing so.
VOTE ON SUBSrIFL1TE MOTION: (Rindone/Horton) approved unanimously.
Mayor Nader asked staff to assist in preparing correspondence for his signature indicating what Council had
done, the composition of the subcommittee, and any other specific information staff felt needed to be
included. He questioned if there was a volunteer to participate on the subcommittee.
Councilmember Rindone stated he would volunteer.
d. Endorsement of Three Strikes You're Out Initiative. Mayor Nader stated the initiative required that
a person convicted of a prior violent or serious felony as defined in the California Penal Code would receive
a double sentence if convicted of two prior felonies they would receive an indeterminate hfe sentence.
MSUC (Nader/Moore) to endone the Three Strikes You're Out Initiative and send coffespondence conveying
that endorsement to the sponsors of the initiative.
e. Sexual Harassment Policy - Meeting with employee representatives. Mayor Nader felt staff was on
track with the employee groups in carrying out the Meet and Confer discussions on the subject and,
therefore, there was no need for Council action.
f. Direction to staff to bring back Mixed Use Zoning Ordinance for Breadway area for Council
consideration. Mayor Nader stated that two years ago Council made a referral on the subject to staff and
the genesis of the referral were the recommendations from the Broadway Business Association and others
in the community that something needed to be done to pick up activity on certain pa~ts of Broadway. One
Minutes
January 4, 1994
Page 16
of the suggestions was to provide a zoning ordinance with mixed use zoning that would allow residential
uses to help generate more activity, help business, and help security in the area. He questioned the status
of the referral.
Robert Laitar, Director of Planning, responded that staff would bring that back with the remainder of the
Central Chula Vista Zoning Consistency Study. The north Broadway area referenced was already under
study as part of that effort. Their schedule was that following the completion of the School Mitigation Study,
which was currently underway, staff would complete the review the Zoning Consistency Study for that area
and bring it forward to Council. Their current projection was that it would be before Council in April or
May.
Mayor Nader stated he had dialogue with the businesses on the concept and found nothing but support.
He was disappointed in that he did not feel the intent that it wait until the Central Chula Vista Consistency
Study was completed. He understood the wisdom of having the information from the School Mitigation
Study when the item was brought forward.
Councilmember Moore stated with the widening of Main Street he saw a major change in what Main Street
currently was. He felt the rationale should also be applied to Main Street.
Mr. Leiter stated there was a land use study being done by the Community Development Department for
the Main Street area and that was an issue that could be reviewed as part of that study. He would review
it with the Community Development Director and if it required further action he would bring it back to
Council.
Mayor Nader stated he would like it looked at on Broadway from "C" to "F" Streets.
g. Support for strong California Drug Asset Forfeiture Laws. Mayor Nader felt it was currently part
of the City's legislative program and he had met with Mr. Bientema to support laws generally that would
take assets away from drug dealers and apply them to law enforcement and anti~drug programs. Under that
feature of the legislative program he would like to communicate, on behalf of the City to the representatives
of the Legislature, support for the DOJ bill that would assure the re-enactment of the drug asset forfeiture
law in California. It was the consensus of the Council that the correspondence should go forward to the
representatives in support of the legislation.
h. Mayor Nader stated he had attended a meeting with the South County Economic Development Council
and there was a presentation on the East Otay planning process. There were several features outlined that
showed innovation and common sense: 1) creation of a zone that would allow maximam flexibility rather
than some of the more restrictive zoning practices in commercial/industrial zones that caused substantial
delays in projects; and 2) when there was a situation where a proposed use came in that would generate
more trips than had initially been allotted to the property, the option that would be offered in their plan
would be to buy additional land (land which otherwise would have generated traffic under the existing
plan), preserve it as open space and make it part of the project so the total number of hips generated by
the project would be what was planned for even though the use was a more intensive use.
City Manager Goss questioned if there was any device where if other development in the vicinity was under
the projected traffic due to type of use that it could be credited to another parcel yet to be developed.
Mayor Nader stated he did not hear such a proposal.
i. Mayor Nader stated Council had taken action to withdraw from the Sewer District unless all members
of the Dishict took action by the end of the year to extend the time which withdrawal could occur without
penalty. That action was taken and ratified by all members of the Dishiet. "
Minutes
January 4, 1994
Page 17
23. COUNCIL COMMENTS
Councilmember Fox
· Slrategies for obtaining regional cooperation toward capitalizing on NAFTA opportunities.
Continued from the meeting of 12/14/93. Coundlmember Fox requested that the item be continued for
two weeks.
· Councilmember Fox stated that in July, Council took action as it related to EastLake Community
Church and now he had been informed that the Church was not prepared to build. It was his understanding
that Council action was not to waive the fees, but to start negotiations regarding the usage of the fadlity
by the City. He questioned the status as it appeared it would be years before they were ready to build. He
also questioned ff the church understood they would have to come back before Cotmeil to renegotiate.
City Manager Goss stated that it was his understanding, based on the memo, that Council had directed staff
to meet with the church officials regarding the potential joint use of their facility to determine potential
community benefit. The decision was made that when they obtained 80% of their capital fund drive the
staffs from the affected departments would meet with church officials to determine which fees or
assessments could be waived or treated as an in-lieu payment. Staff had the impression that it was the
policy direction of the Council to pursue the waiver. The waiver would be contingent upon the joint use
of the fadlity.
Councilmember Moore stated until there was a plan or facility there was no way of knowing the worth to
the City.
Councilmember Fox expressed concern that the Church was thinking there was $100,000 they did not have
to raise.
City Manager Goss felt it was clear that there would have to be some type of joint use component for the
fadlity before any type of waiver could be accomplished.
Councilmember Rindone
· Designation of Bob Fox as alternate to Interim Solid Waste Commission.
MSUC (Rindone/Horton) to designate Bob Fox as the second alternate to the Interim Solid Waste
Commission,
· Councilmember Rindone stated he would bring back a recommendation for appointment to the
Economic Development Commission. He met with the EDC last month and they had expressed their desire
to have a member from the educational community and one that was extensively involved with vocational
training programs.
Councilmember Moore
· Councilmember Moore felt the City needed to do better with major street construction whether it
was in the RFP or somewhere else. Streets should not be tom up for weeks and months. There needed to
be a phasing plan.
Mayor Nader stated a majority of the Council agreed with Councilmember Moore's comment. When staff
prepared contracts for that type of work in the future he hoped those comments would be considered and
the timing provisions would be more explici~y brought to Councirs attention.
Minutes
January 4, 1994
Page 18
ADJOURNMENT
The City Council recessed at 7:59 p.m. and reconvened in closed session at 8:02 p.m. to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Pohce Officers Association (POA),
International Association of Fire Fighters GAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 12/14/93.
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 - Schaefer vs. the City of Chula
Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Clifton vs. the City of Chula
Vista.
ADJOURNMENT AT 11:20 P.M. to the Regular City Council Meeting on January 11, 1994 at 6:00 p.m. in
the City Council Chambers.
A meeting of the Redevelopmerit Agency convened at 7:59 p.m. and adjourned at 8:02 p.m.
Respectfully submitted,
BEVE,P~..Y A. AUTHELET, CMC, City Clerk
by: ~-
. ~
Vicki C. Soderquist, Deputy C~