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HomeMy WebLinkAboutcc min 1994/02/01 REGULAR MEET1NG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 1, 1994 Council Chambers 4:10 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Berlin Bosworth, Secretary to the Re. development Agency 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: January 25, 1994 MSUC (Fox/Moore) to approve the minutes of January 25, 1994 as presented. 4. SPECIAL ORDERS OF THE DAY: 4a. An update on the homeless facility will be given by Kathy Lembo. Kathy Lembo, Executive Director of Southbay Community Services, updated Council on the facility for homeless families (Casa Nueva Vida) which opened on 12/17/93. Fourteen families had been provided shelter with a 71% to 29% ratio of Chula Vista families. They had turned down fourteen other families for shelter due to a family member having a serious chemical dependency problem, some did not have children, and some did not live in the targeted cities. What they did for those families was to find them other shelters. Other families applying were able to enter their RAP program and there were currently six families on the waiting list. There had been several success stories already and there had not been any problems or incidents at the facility. She invited the Council to visit the home at any time. 4b. Certificate of Appreciation from the Drug Enforcement Administration, United Slates Department of Justice, to the Parks and Recreation Department for outstanding contributions in the field of drug law enforcement - Mayor Pro Tem Horton presented the Certificate of Appreciation to Jess Valenzuela, Director of Parks and Recreation. Mr. Valenzuela stated the Department over the last several years had made major strides in serving the youth of all ages in the community. Over the past year the Department developed a Youth Coalition which was comprised of most every major youth service provider within the community to strategize and plan for youth services. Part of that was drug prevention and education programs. CONSENT CALENDAR (Items pulled: 5a and 10) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: 5a. Letter requesting the City join in asking the Public Utilities Commission to take whatever action is necessary to prevent the discriminatory deployment of the fiber optics network; and, urging all city councils and school boards to adopt resolutions calling for equitable treatment in the development of the fiber optic Minutes Febmary l, 1994 Page 2 network - Steve Peace, California Legislature, State Capital, Sacramento, CA 95814. It is recommended that Council direct staff to prepare a letter for the Mayor's signature to the Public Utilities Commission requesting action to prevent discriminatory deployment of the fiber optic network. Pulled from the Consent Calendar. · Karen Kaesser, 525 B Street, Rm. 1780, San Diego, CA, Public Affairs Manager for Pacific Bell, stated there appeared to be a question as to what Pacific Bell's commitment was to the regions prosperity. That premise could not be further from the truth. Access to markets, information, and capital was critical to the viability of any region and that access was what the information superhighway issue was all about. Pacific Bell had already built that on-ramp to the superhighway in the City of Chula Vista. Pacific Bell had provided a telecommunications infrastructure which could attract high tech information driven industries and was already accessible to the businesses in the City. The announcement of the $16 billion investment into Califomia's infrastructure was a tremendous undertaking and there was no way they could possibly convert all areas simultaneously. Wherever they would have started there would have been concern expressed by other areas that they were not included in Phase I. Their studies showed that deployment in the area announced would save Pacific Bell millions of dollars in operations through savings in maintenance and repair work costs. Many of the areas in the initial deployment had the oldest and most costly plants to maintain. The network could help to access the information superhighway, but so would other technologies. It was primarily a residential network, and if allowed, would initially carry cable, television like services, and the initial interactivity would consist of ordering movies on demand. They would announce Phase II of their deployment in 1995. Their plan was very ambitious and the more government regulations helped them the more they would be able to upgrade communities. Councilmember Rindone stated it appeared that the operational and maintenance cost savings in north county would not be as great as it would be in south county. Ms. Kaesser responded the maintenance and repair costs in the north county were greater because the plants were older. Because of the recent upgrades in the south county over the last few years, the maintenance was less in the south cotmty. Many of the services currently available in the south county were not available in other areas. Councilmember Rindone stated the access to the superhighway was a concern the Council was trying to address because of the Border Environmental Commerce Zone. Council was hoping that due to those concerns Pacific Bell would consider that when developing their next expansion. He questioned if that was a possibility or if the second phase had to be adjacent to the north county expansion area. He stated he had written a letter to Pacific Bell and requested that staff give copies to the Mayor and Councilmembers. Ms. Kaesser stated she would have to get more information on that as the Phase II deployment had not been announced. She offered to meet with the Council to discuss additional deployment and what Pacific Bell offered. Mayor Nader stated he had met with Ms. Kaesser and Pacific Bell representatives and suggested that at the next Council tour they tour some of Pacific Bell's structures and invite Cox Cable, Senator Peace or his staff, and others in the field to participate as well. MS (Rindone/Nader) to direct stuff to set up a meeting in a workshop setting on the topic with Pacific Bell, Senator Peace or his staff, Cox Cable, and others that may be participants in the new technology. City Manager Goss stated he did not want to lose track of including it on the Council tour and looking at the actual technology. Mayor Nader felt the two could be done at the same time. City Manager Goss stated the City had a copy of a letter from Senator Peace to Cox Cable identifying the fact that they had constructed a fiber optic infrastructure in the Southbay. He felt there was a real question as to whether that was the same thing the telephone company was doing and whether there could be an interconnection or cooperation. Those questions and issues needed to be addressed. Minutes February 1, 1994 Page 3 VOTE ON MOTION: approved unanimously. MSUC (Nader/Fox) to direct staff to write a letter, for the Mayor's signature, to the Public Utilities Commission and congressional representatives in support of Senator Peace's position. Said letter to be worded in a way to make a point regarding access to the new technology and not be directed as an attack at any owner, person, or firm. MS (Nader/Fox) to direct staff to bring back a resolution for Council consideration. City Manager Goss questioned if the resolution should encompass the last motion. Mayor Nader stated that was correct. VOTE ON MOTION: approved unanimously. Ms. Kaesser stated she would coordinate the tour and take the Council to their executive offices to show them the technology that could be used currently. Pacific Bell felt it was a fair and equitable method of deployment. City Manager Goss stated staff had sent out an informational item in connection with the Clinton Administration White Paper. MSUC (Nader/Fox) to refer the material in the informational memo back to staff to analyze whether Council would support, oppose, or take no position on the Federal proposal with a report back to Council. 6. ORDINANCE 2588 REPEALING SECTION 5.26.220 OF THE MUNICIPAL CODE RELATING TO FEMALE BARTENDERS {tint readinl) - The proposed ordinance will repeal an obsolete and unconstitutional provision of the Municipal Code preventing women from being bartenders. Staff recommends Council place the ordinance on first reading. (City Attomey) 7. RESOLUTION 17376 APPROVING THE MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE CHULA VISTA POLICE OFFICER'S ASSOCIATION FOR FISCAL YEAR 1993/94 AND APPROVING THE ACCOMPANYING SIDE LETTER OF UNDERSTANDING - Negotiating teams representing the City and the Chula Vista Police Officer's Association (POA) have reached agreement on a Memorandum of Understanding (MOU) covering Fiscal Year 1993/94. The proposed MOU was ratified by POA members on January 26th. Staff recommends approval of the resolution. (Administration) 8. RESOLUTION 17377 ACCEPTING CALIFORNIA DEPARTMENT OF EDUCATION ADULT BASIC EDUCATION (ABE) SECTION 321 GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1993/94 BUDGET TO INCLUDE A .03 FULL TIME EMPLOYEE (FFE) POSITION - In March 1993, Council ratified the Library's application for ABE 321 grant funds to be awarded over a three-year period to the Chula Vista Literacy Team. The second-year award of $7,240 will be used to provide staff development and training for the Adult Literacy Coordinator, tutor trainer and staff, as well as to make improvements to tutor training curriculum. A .03 FTE will be added to the hours of a clerical aid to implement learner post-testing. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 9. RESOLUTION 17378 APPROVING THE REAPPROPRIATION OF$22,570 FROM MEMORIAL PARK - PHASE II - CAPITAL IMPROVEMENT PROJECT, TO SUPPLEMENT FUNDS FOR THE LOS Minutes February 1, 1994 Page 4 NINOS RESTROOM RENOVATION PROJECT - On 10/5/93, Council approved the transfer of $22,570 from the Los Ninos Restroom Renovation Project to the Hilltop Project. However, Council expressed concern regarding the loss of funds for the Los Ninos Restroom Project and directed staff to return with a proposal for reappropriating funds from the budget to ensure that the Los Ninos Project would proceed. The report describes the source of existing funds to complete the restroom project. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/StFs vote required. 10. RESOLUTION 17379 AUTHORIZING THE INSTALLATION OF OVERHEAD FACILITIES WITHIN UTILITY UNDERGROUNDING DISTRICT NUMBER 121, "F" STREET BETWEEN CHURCH AND SECOND AVENUES - On 2/25/92, Council approved establishing Utility Undergrounding District Number 121 on "F" Street between Church and Second Avenues. The resolution grants permission to San Diego Gas & Electric to install overhead electrical facilities within the boundaries of said district. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. Cotmcilmember Rindone questioned if the item was not approved, what plan would be developed so the wires would not go across the undergrounding district. Clifford Swanson, Deputy Public Works Director/City Engineer, responded that because of the way the district boundary was drawn, the property line of 180 Second Avenue was the boundary, it almost mandated that those two properties be added to the underground district at additional cost and new further construction. Councilmember Rindone stated his purpose was to extend as much of the undergrounding as possible, but felt logic would explain that if the northeast comer was included in the district that the southeast corner would be included as well. Mr. Swanson responded that staff did not feel it was necessary as those residences did not take service off of "F" Street which was the primary location. All poles had been removed within that district on "F" Street with the residences on that comer being served off Second Street with overhead. New wires were being added, but no new poles. Councilmember Rindone asked that in the future staff look at including all four corners when considering an undergrounding district. RESOLUTION 17379 OFI~'ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. * * END OF CONSENT CALENDAR * * Urgency item olaced on the A..enda: City Attorney Boogaard stated over a year ago the Council authorized a policy which allowed the deferral of certain fees that were required to be paid by developers. The actual policy was a delegation to staff that if the limit of the deferral was less than $30,000 staff could make the decision to take a lien against property in lieu of cash if the circumstances surrounding the project justified not putting in any improvements right away. Mr. Pieri was rehabilitating the AT&T building on Third Avenue and had a deadline to get an occupant in the facility. The medical equipment had already been moved in and Mr. Pieri hoped to allow a tenant to move in and get a Certificate of Occupancy within two weeks, but he was bumping up against the City policy which specifically stated that before the City could accept the lien against the property there needed to be an appraisal to determine if there was sufficient equity. There was no time to get the final appraisal. Staff had reason to believe, based on brokers opinion of value, that there was ample security in the property. Staff would verify through opinions of brokers that Minutes February 1, 1994 Page 5 the property was at least worth $2 million and probably worth more. Staff requested that Council waive the policy of requiring a formal appraisal in order to allow the business to proceed. Councilmember Rindone stated it was his understanding that Mr. Pieri had also improved the wall for the channel which was an improvement to the value of the property as well. Mr. Swanson stated he did not believe it was completed, but it was one of the conditions placed on the property. MSUC (Rindoneatorton) to approve the staff recommendation to waive the requirement of a formal appraisal and allow staff to determine value based upon brokers opinions. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARlNG CONSIDERING ORDINANCE ESTABLISHING TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE (DIF) TO PAY FOR SEWER IMPROVEMENTS WITHIN TELEGRAPH CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH 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 Equivalent Dwelling Unit (EDU) should be established. Staff recommends Council continue the public hearing, to the meetin~ of 2/15/94. (Director of Public Works) Continued from the meeting of 1/18/94. This being the time and place as advertised, the public hearing was declared open. MSUC (Nader/Moore) to continue the public hearing to the meeting of 2/15/94. ORAL COMMUNICATIONS · Carolyn F. Butler, 97 Bishop Street, Chula Vista, CA, thanked the Council and staff for the sympathy card sent to her upon the death of her mother. She also thanked staff' for repairing the comer of First Street and Quintard where she fell. She informed Council that the Salvation Army, Red Cross, etc. still needed help regarding earthquake relief. Mayor Nader stated earthquake relief donations were being collected at the Chula Vista fire stations and other drop off areas had been broadcasted during last weeks Council meeting. He requested staff also have the locations aired for the Wednesday night broadcast of the City Council meeting. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS Mayor Nader stated three items had been brought to his attention by the City Attorney that required urgent action from off the agenda which required a 4/51h's vote of the Council to add them to the agenda. The first item involved Minutes February 1, 1994 Page 6 potential settlement in the San Diego Shipbuilding case (Gurnee). The second item wa waiver of an appraisal requirement for the Pieri project, and the third item involved the proposed telecommuting center and there had been a request to have the item heard at a time certain, 5:00 p.m. City Attorney Boogaard stated the Gurnee item would be going to trial on Friday and the City had received a settlement offer on Tuesday morning. Mr. Pieri needed to have an occupant in his building by two weeks and it was not enough time to get an appraisal as required by City policy. Mayor Nader stated it was his understanding that on the telecommuting center item there was potential funding available if Council took action at the meeting. MSUC (Nader/Rindone) to find that in each of the three items there was an urgency that was not foreseen at the time the agenda was prepared and that they be added to the agenda. Mayor Nader stated the telecommuting center item would be heard at 5:00 p.m., the Gurnee item would be heard in Closed Session due to litigation, and the Pieri item would be taken up after the Consent Calendar items. 12. RESOLUTION 17380 AUTHORIZING THE MAYOR TO EXECUTE THE FlNAL PARCEL MAP FOR THE MARINA GATEWAY PROJECT, TRACT 94-2 - On 4/20/93, the Redevelopment Agency approved financial assistance to The Foster Partnership for development of the Marina Gateway Project located at the southeast comer of Bay Boulevard and "J" Street within the Bayfront Redevelopment Project Area. The project site consists of two parcels owned by the developer and a portion of a parcel transferred to the City through relinquishrnent of excess right-of-way by the State. The developers propose to consolidate one of the parcels and the City-owned property comprising the site, cover an existing open drainage channel, and develop the site with two commercial buildings. The final parcel map will consolidate the properties with the City retaining an access easement to the drainage channel for maintenance and operation. Since a portion of the property to be consolidated is currently City-owned, the Mayor must execute the final parcel map. Staff recommends approval of the resolution. (Director of Community Development and Director of Public Works) RESOLUTION 17380 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. 13. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. No report was given. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5a and 10. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) 14a. City Manager Goss introduced Teri McFarlin, Risk Manager and Michael Meacham, Conservation Coordinator. 14b. City of Chula Vista and County of San Diego future Memorandum of Understanding regarding Otay Ranch. City Manager Goss stated the staff of the County had offered a recommendation that would be considered next week by the County Board of Supervisors regarding the future coordination and cooperation between the County and the City of Chula Vista regarding the Otay Ranch project. They were proposing: 1) appointing two members of the Minutes February 1, 1994 Page 7 Board of Supervisors and two members of the City Council to serve on an ad hoc Otay Ranch Subcommittee to convene on an as-needed basis to advise the governing bodies; 2) the CAO participate with LAFCO, the City of Chula Vista, and affected property owners in the sphere of influence and annexation studies; and 3) a draft memorandum of understanding between the County and the City to continue joint coordination between the two jurisdictions. Staffs preliminary investigation regarding the MOU indicated there could be some home rule issues for the City of Chula Vista that would need to be addressed. He proposed to send a letter to the Board stating that before they adopted that part of the staff recommendation and being locked into a particular policy decision that they refer the issue to either the respective staffs of the two cities or discussion by a subcommittee of the two policy boards. Staff was aware it was coming, but were only recently able to get a copy of the staff report to the Board. · Kim John Kilkenny, 11975 El Camino Real, San Diego, CA, representing the Baldwin Company, stated they supported the County/staff recommendation that a subcommittee be formed which was consistent with prior actions. They welcomed and encouraged County participation in the sphere of influence process. They had a disagreement with the County as to who had an obligation to pay for the County's participation in the process, but that was an issue between the Baldwin Company and the County. They were surprised to see staff had recommended a completed draft MOU rather than specific issues to be discussed. They concurred with the City Manager's recommendation that the preferred option might be to have staff or a subcommittee of each governing body discuss the issues to be resolved and whether or not there was a need for an MOU. Their obvious concern was that they did not want to be caught up in an expensive, cumbersome, joint planning process if most of the issues had already been resolved. They welcomed an opportunity to be part of those discussions as to further joint deliberations. City Manager Goss stated the fourth item being proposed was requiring full cost recovery of all implementation tasks for the benefiting property owner and direct that all deficit accounts for the GDBA and the project administration task be paid before approval of the master property tax agreement with Chula Vista and before the overall project design plan. He felt there were points that were unclear, but that their main concern was the unanswered questions regarding the proposed MOU. Mayor Nader stated it was his understanding the City Manager would be asking the County to engage in some dialogue with the City prior to making any hard and fast policy decisions. He could understand where some of the concerns by the County came from in that they had jointly developed a general development plan. The concern had been expressed that radical changes to that plan should not be made without input from both jurisdictions that developed it. That concern was a legitimate one, but he did not feel the proposal by the County staff was the best way to address that concern. The City should be open to finding some way to assure both the County, citizens, and Baldwin that there would be some process whereby any radical changes to the jointly adopted general development plan would need to undergo some scrutiny other than what was normally done. Councilmember Moore felt there should be close liaison regarding items of utility but likes or dislikes should not be in an MOU. Mayor Nader stated he wanted a very clear understanding that within the adopted general development plan the City of Chula Vista had jurisdiction. Urgency item placed on the A~enda: RESOLUTION 17382 APPROVING THE DEVELOPMENT OF A CHULA VISTA NEIGHBORHOOD TELECENTER AND ITS PARTICIPATION IN THE CALTRANS SPONSORED INSTITUTE OF TRANSPORTATION STUDIES NEIGHBORHOOD TELECENTERS PROJECT, ACCEPTING $I00,000 AND APPROPRIATING $30,000 IN GRANT FUNDING FROM UC-DAVIS FOR DEVELOPMENT OF A TELECENTER, EXECUTION OF CONTRACT FOR SAME, APPROPRIATING AND AMENDING THE FISCAL YEAR (FY) 1993/94 BUDGET TO INCLUDE A .38 FTE ASSISTANT TELECENTER COORDINATOR - 4/5th's vote required. Minutes February 1, 1994 Page 8 Barbara Bamburger, Environmental Resource Manager, stated staff had been working with Caltrans to participate in the Caltrans sponsored University of California-Davis, Institute of Transportation Studies Neighborhood Telecenters project. They would be developing eight to ten sites throughout the State and Chula Vista had been invited to participate in that project. Because of the time sensitivity of the Caltmas project and because Caltrans would be shifting around funds, staff was asking for emergency approval of the City's participation in the Neighborhood Telecenters project and the appropriation of $30,000 to immediately hire a temporary assistant telecenter coordinator to help in all the pre-opening activities and authorize the City Manager to execute a contract with Caltrans and UC Davis for the $100,000. George Krempl, Deputy City Manager, stated the bulk of the budget money was to get a telecenter up and running. That would be outlined when the budget was brought back to Council in two weeks. Councilmember Fox referred to the budget presented for the $100,000 and noted that $36,000 was set aside for site preparation and leasing. He questioned if part of the money was being used to acquire a site. Ms. Bamburger responded that it was. Staff was only asking for Council to accept the $100,000 in grant funding and appropriate $30,000 for the hiring of a telecenter coordinator. The budgeting for the remainder of the funds would come back to Council in two weeks for review. Councilmember Rindone stated one of the major themes of the Otay Ranch was the Village Concept and he felt the experience learned from the original sites could be applied to one of the early villages developed. He hoped staff would transmit that idea to Baldwin. · Rod Davis, 1727 #38 Melrose Avenue, Chula Vista, CA, Chair of the Citizens Task Force on the Telecommuting Center, stated there was a golden opportunity on the table which could always be removed. Therefore, the item was brought to Council as an emergency item. They needed a staff persen in order to meet the timetable in order to bring a facility to the City that would not only offer telecommuting, but also distance learning, etc. · Chris Mounts, 900 Lane Avenue #100, Chula Vista, CA, rapresenting EastLake Development, Member of the Telecommuting Center Task Force, felt it was a great concept and they were anxious to get it started. Caltrans had established a June 1st opening date. RESOLUTION 17382 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed and approved unanimously. 15. MAYOR'S REPORT(S) 15a. Discussion of additional van needed for the City's Graffiti Eradication Program. Mayor Nader questioned whether staff had any communication either with his office or representatives from the graffiti program on the item. He had expected to have to back-up information on the item. City Manager Goss responded that Kathy Lembo had indicated that if there was a second van she would provide the additional staffing to supervise the second van. Mayor Nader stated if there was an agency in the community with an established track record, and already supervising people in the eradication of graffiti, the City should do what they could to help them. Ms. Lembo indicated that by making available an additional van, not donating it to the agency, it would enable them to cover a much wider area. By putting it on the agenda he wanted to find out where that stood and if staff needed Council action to make an additional van available. City Manager Goss stated he had talked to the Deputy Public Works Director/Operations regarding a van and been informed the City did not have an additional van. The City would probably have to purchase a used van because of the use it would receive. Minutes February 1, 1994 Page 9 Councilmember Moore felt small trailer could be designed and made specifically for use for graffiti eradication materials. They could then be checked out to volunteers and pulled by individual vehicles. He had talked to a business that had offered to make the trailers at a minimal cost as part of a volunteer program. He would pursue that if the Council was interested in that option. MS (Nader/Fox) to refer the item to staff to work in cooperation with anyone in the community, including Southbay Community Services, to develop some plan for making a second vehicle available to Southbay Community Services with a report back to Council as an information item if no Council action was needed or agendize if Council action was needed. Councilmember Moore questioned if two or three towable trailers would be acceptable rather than a van. Mayor Nader felt that met the intent of his motion unless those running the program had some knowledge that it would not work. He wanted to make sure the City was not passing up an opportunity to eradicate twice as much graffiti was presently being done. City Manager Goss stated it was his impression that it would not double their ability to eradicate graffiti, but there were some days where there were enough people assigned where that could happen. Mayor Nader stated that on those days it would double the eradication. He wanted staff to figure out how the City could make an extra vehicle available. VOTE ON MOTION: approved unanimoasly. 15b. Mayor Nader stated Assembly Bill 91, to put convicted drug dealers of major deadly drugs in prison for life, was heard by the Public Safety Committee. He had testified along with Emerald Randolph and other representatives throughout the State. It was amended so the sentences for those convicted dealers would be ten years and it did get out of Committee. He had been informed the Bill passed out of the Assembly and would be moving to the Senate. 15c. Mayor Nader noted that Wednesday was Councilmember Fox's birthday. 16. COUNCIL COMMENTS Councilmember Moore 16a. Request Council ratification of Council Seat Number 2 (Moore) nominations to Economic Development Commission. Councilmember Moore requested the item be continued one week. Councilmember Horton 16b. Evaluation of City infrastructure related to disaster. Councilmember Horton stated she was going to request that staff contact Caltrans, or other appropriate agencies, to have them come down and evaluate the City's infrastructure, specifically the overpasses and bridges. She had since found out that staff had already made those contacts and, therefore, requested that when the information was received, staff would share it through a written memo to Council. Councilmember Rindone 16c. Councilmember Rindone stated there was a citizen that had contacted the Mayor and Council regarding graffiti and it was her concem that when the City vehicles were driving around town and filling out the reports on graffiti they were not turning them in because some of the graffiti was there for weeks. It was Council's policy that it be removed within seven days, therefore, he requested that staff give Council a written report on the number of graffiti reports turned in by staff and the response time for removal. The success for a graffiti abatement program was quick removal. Mayor Nader stated he had a sticker prepared for his van that had the graffiti eradication numbers on it. He had also on numerous occasions reported graffiti on his car phone. Council had asked for a report several months ago on the enforcement of the graffiti abatement ordinance and he questioned when the report would be before Council. Minutes February 1, 1994 Page 10 City Manager Goss stated that on the reports received that were in the public right-of-way or public property it was removed within seven days. The big problem was on private property. Ken Larsen, Director of Building and Housing, stated the report would come before Council on 2/15/94. Councilmember Moore questioned whether the report would contain what the annual budget was and if it was sufficient. Mr. Larsen stated the content of the report was to show two components: 1) the existing program; and 2) the financial constraints the City was under with the existing program and to propose recommendations. Councilmember Rindone recontmended the report include the intbrmation he had just requested. 16d. Councilmember Rindone stated Senator Jim Mills would be leaving MTDB. Councilmember Fox 16e. Councilmember Fox stated Council had previously directed staff to return to Council with ideas and methods in which the City could promote the businesses on Broadway due to the problems with the beautification project. He had been contacted by businesses in the area wanting to know when that would come back to Council. He requested that information either at the meeting or Wednesday so he could get back to the businesses. Mayor Nader stated he had been informed by the City Attorney there was an urgent need to add potential litigation, i.e. Chammas vs. the City of Chula Vista to the Closed Session. -- MSUC (Nader/Horton) to find there was an urgent need to add potential litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula Vista to the Closed Session. ADJOURNMENT The City Council recessed at 5:45 p.m. and reconvened in a closed session at p.m. to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 -Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 1/25/94. Potential litigation pursuant to Government Code Section 54956.9 - Whillock vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista. Appointment of Department Head pursuant to Government Code Section 54957. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San Diego regarding booking fees. ADJOURNMENT AT 7:15 P.M. to the Regular City Council Meeting on February 8, 1994 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Couneil/Redevelopment Agency convened at 5:45 p.m. and adjourned at 5:58 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Deputy ~lerk