HomeMy WebLinkAboutcc min 1994/03/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 1, 1994 Council Chambers
4:06 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; Brace M. Booguard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: December 4, 1993 (Special Joint Meeting of the City Council, Planning
Commission, and Resource Conservation Commission) and February 22, 1994 (City Council Meeting)
MSUC 0torton/Rindone) to approve the minutes of December 4, 1993 and February 22, 1994 as presented.
4. SPECIAL ORDERS OF THE DAY:
4a. Presentation of 1994 Ahwahnee Community Design Award for the Otay Ranch to the City of Chula
Vista and the County of San Diego from the State Local Government Commission. The award was presented
by Anthony Lettieri. Mr. Lettieri stated Chula Vista was one of only six awards given in the State. The award
recognized the City for its participation in the Otay Ranch process that included everything from the initial signing
of the Memorandum of Understanding, the neo-traditional approach to village design, the comprehensive resource
management plan, and the public transit component of the project. Even though the Baldwin Company was not
named on the plaque, the Commission recognized the Baldwin Company for their pioneering efforts with the City
and the County in the planning process.
4b. Proclaiming the days of February 25-27, 1994 as Kent Froede Memorial Classic Days - Vice Mayor
Hortoa presented the proclamation to Mark Smolanovich, Co-Director of the Kent Froede Memorial Committee with
AI and Maryann Froede in attendance. Mayor Neder stated the original proclamation was presented at the beginning
of the event by Councilmember Rindone on behalf of the City.
CONSENT CALENDAR
(Items pulled: 5b and 9)
5. WRITTEN COMMUNICATIONS:
5a. Letter of resignation from the International Friendship Commission - Mildred N. Knodt, 139 Fourth
Ave., Chula Vista, CA 91910. It is recommended that the resignation be accepted and the City Clerk be directed
to post immediately according to the Maddy Act in the Clerk' s Office and the Public Library.
5b~ Letter requesting Council consider placing a measure, titled the County Regional Park and Open
Space District, before the voters and designating staff and a councilmember to work with County staff and
her to devdop a list of worthy projects and activities the voters will support -Pam Slater, Chairwoman, County
Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA 92101-2470. Staff is reviewing this
request and, under separate cover, will deliver a recommendation prior to the Council meeting for Council's
consideration. Pulled from the Consent Calendar.
Minutes
March 1, 1994
Page 2
Councilmember Fox stated staff was looking for direction and felt the City needed to participate without taking a
position on the regional park and open space district issue.
MS (Fox/Moore) the City not take a position on the County Regional Park Open Space District issue but send
a member of the Coundl to attend the first meeting.
City Manager Goss stated the proposed County initiative would be on the November ballot. The initiative on the
June ballot was a $2 billion bond issue statewide.
Mayor Nadet stated it included $10 million for the Otay Regional Park which Council had taken action to endorse.
If the motion on the floor was passed it should not be construed as lack of support for funding of parks and open
space acquisition. The staff report led him to believe that Supervisor Slater was recommending a property tax
funding mechanism, but he did not see that included in the letter.
City Manager Goss stated AB 27 enabled the County to propose an assessment district and their staff made it clear
in their analysis that they wanted to do something similar to what LA County did. The discussion at the staff level
was clear that the County was looking at a parcel tax. His concern was that at the same time they were looking
at a parcel tax for the radio system and a County service area for pre-hospital emergency medical services. It
appeared there was a lack of coordination un all the parcel taxes that were coming forth from the County.
Mayor Nader stated there was also a proposed parcel tax on water storage by MWD.
AMENDMENT TO MOTION: (Naderatorton) to appoint Coundlmeinber Fox as the Coundl representative
to attend the meeting.
Councilmember Fox stated he would attend the first meeting and report back to Council.
Councilmember Rindone felt the Council represantative should address the inadequate funds in the propesel to
maintain the parks and open space projects once they were constructed.
City Manager Goss stated there was some money in the program for operation and maintenance. In hisjudgemant
it was not enough and there would have to be other funding found. He felt some of the money would also be
dive~d to special programs which would be envisioned as part of the package.
Councilmember Fox stated that while recreation was helpful in the battle against gangs and the problems the children
faced he felt what the money was really needed for was being disguised. It should be called what it was, i.e. money
for parks and open space. That would be one thing he would make clear at the meeting. He would also not support
a parcel tax for the project under any circumstance.
VOTE ON MOTION: approved unanimously.
6. ORDINANCE 2589 AMENDING SECTION 8.25.090 "COMPOSTING" TO ESTABLISH A
MINIMUM DISTANCE OF SIX FEET THAT A COMPOSTING BIN MUST BE PLACED PROM
ADJACENT RESIDENTIAL PROPERTY (second reading and adoption)- On 9/14/93, during the public
hearing on the yard waste recycling franchise and related ordinance amendment, Council directed staff to establish
a minimum distance that a composting bin must be located from adjacent property in order to avoid nuisance
complaints. The ordinance establishes a six foot miniraum distance that a cormposting bin must be placed from an
exterior entrance to an adjacent residential structure. Staff recommends Council place the ordinance on second
reading and adoption. (City Attorney)
7. RESOLUTION 17400 AUTHORIZING TEMPORARY STREET CLOSURES ON APRIL 29, 1994
FOR A PARADE SPONSORED BY PALOMAR ELEMENTARY SCHOOL Palomar Elementary School is
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March 1, 1994
Page 3
requesting permission to conduct a school parade on 4~29/94. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
8. RESOLUTION 17401 AppROVING ENCROACHMENT PERMIT NUMBER PE-290 FOR SIGNS
AT 1550 EAST "H" STREET AND AUTHORIZING THE CITY ENGINEER TO ISSUE SAME - The owners
of the retail center being built at the southeast comer of East "H" Street and Otay Lakes Road have requested an
encroachment permit to construct two monument signs within the City' s rights-of-way. Staff recommends approval
of the resolution. (Director of Public Works)
Councilmember Moore stated the sign on East "H" and Otay Lakes Road would be on City right-of-way because
the developer was donating property for eventual widening of the road to eight lanes. He felt there should be some
check and balance that would ensure that the sign would be located on private property when the widening was
completed. He questioned whether that should be done in the resolution or through the permit. He suggested the
addition of the following verbiage: "when the street is widened to the appropriate width the sign on public right-of-
way would be relocated on private property." The applicant had agreed to the verbiage.
City Attorney Boogaard stated the language should be included in the resolution and would than also be included
in the permit. He recommended changing the last paragraph on page 8-3 to say: "Hereby approving the
encroachment permit PE-290 on the condition that the sign is relocated to private property and the permit
terminates when the street is widened".
Mayor Nader stated the verbiage as recommended by the City Attorney would be incorporated into the
_ resolution by unanimous consent of the Council.
9. RESOLUTION 17402 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE
STATE OF CALIFORNIA TO PURCHASE VEHICLES ON BEHALF OF THE CITY - The Fiscal Year
1993/94 budget provides for the replacement of two compact sedans, five pickup trucks and one cargo van in the
Equipment Replacement Fund. Resolution 6132 authorizes the City to participate in a cooperative bid with the State
for the purchase of the vehicles. Staff recommends approval of the resolution. (Interim Finance Administrator)
Pulled from the Consent Calendar.
Councilmember Horton stated one vehicle would be removed from service and sold at auction and questioned why
it was being sold through an auction rather than being sold outright by the City to gain maximum profit.
Susan Merrill, Interim Finance Administrator, stated the normal process was to liquidate vehicles through an auction
to maximize revenues. Staff had found that the auction was more competitive and generated higher revenues.
Councilmember Hotton did not feel that it maximized the City's profits. She wanted staff to look at different
options.
Dave Byers, Deputy Director of Public Works/Operations, stated in previous discussions with the Purchasing Agent
all of the vehicles being replaced would be auctioned off at the County auction. The Purchasing Agent put a
minimum value on each vehicle and if value was not received they would not be sold.
Councilmember Horton stated she wanted staff to look at selling the vehicle.
Mayor Nader questioned if the Energy Commission and the Department of General Services had regulations that
were not compatible with each other which raised doubt as to whether the City could use the Energy Commission
Alternative Fuels grant to participate in the process.
Mr. Byers stated the heaviest CNG van on the State bid was 8,600 pounds. He was not sure that it was possible
to get one heavier than that. The City received a grant from the State Energy Commission for a medium duty
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March 1, 1994
Page 4
program which was 10,000 to 26,000 pounds. In theapplicationhehadaskedthatoneoftheexistingvehicles, even
though it was only 8,600 lbs. qualify because staff had received word from Hawthornes Systems that the conversion
would fit into a medium system.
Mayor Nader stated the real problem was not that the Department of General Services and the Energy Commission
had confficting rules, but that the optimal weight for the alternative fuels vehicle the City wanted was a lower rate
than either of the agencies specified.
Mr. Byers stated that was correct. He spoke with the CEC staff and while they could not promise that they would
approve that they requested that it be put in writing and he felt they would look at it favorably.
Mayor Neder felt it would be appropriate, once the process was done, to prepare a letter for the Mayor's signaturo
to the Energy Commission and Department of General Services relating the City's experiences and suggesting that
they change their roles so that special exemptions were not required on a case by case basis in such a situation to
facilitate the purchase of alternative fuel vehicles. He questioned if gasoline/methanol dual fuel vehicles the only
dual fuel or alternative fuel vehicles available for the use needed by Building & Housing.
Mr. Byers stated that was correct.
Mayor Nader questioned if electric or natural gas vehicles could be used.
Barbara Bamburger, Environmental Projects Manager, stated one of the reasons the City was not able to purchase
sedans that were CNG was because they were not part of the State bid. The only vehicles they currently had that
were sedans were bi-fuel methanol/gasoline. --
Mayor Nader questioned if that item could be separated out end still go to State bid on the other vehicles.
Mr. Byers stated that could be done. He did not feel those vehicles were the best suited to CNG. The City
converted two light duty trucks in Engineering for CNG as they had enough space in the bed, they did not have to
give up the trunk. Most of the CNG sedans had to be fairly large so there was room in the trunk for the CNG
tanks.
Mayor Nader questioned why the Public Works end Parks Division pick-up trucks were not electrically powered.
Mr. Byers stated staff considered alternative fuels for those vehicles. The trucks would have heavy duty suspension
and at least a four liter V6 engine and above and would not be a good use for electric vehicles. Electric vehicles
did not have the range or power that the vehicles would need. They did not want to take up any of the bed space
for CNG.
Ms. Barnburger stated there was still a problem with the range of electric vehicles. The type of trucks that were
needed were not available.
MS (Nuder/Moore) to amend the staff recommendation to delete the two Building & Housing sedans from
the State bid and to bid those separately so staff could find out what was available in alternative fuels.
Mr. Byers questioned if staff determined that it would be more cost effective to purchase the sedans from the
State bid and convert the~n to CNG if that would be within the intent of the motion. Mayor Nader stated
that would satisfy the intent of his motion and he would incorporate that into his motion. Agreed to by the
Second of the Motion.
Councilmember Rindone questioned what the projected cost would be to go out to bid as per the amendment.
Ms. Merrill responded that staff would return in the fall with a full report as to comparing the costs of the State
bid and bidding in-house.
Minutes
March 1, 1994
Page 5
VOTE ON MOTION AS AMENDED: approved unanimously.
RESOLUTION 17402 ERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
10. RESOLUTION 17403 ADOPTING THE "PROCEDURES FOR ADMINISTRATIVE
ADJUDICATION OF CONTESTED PARKING CITATIONS" MANUAL AS REQUIRED TO COMPLY
WITH AB-408 - AB-408 transfeffed responsibility for hearing appeals on contested parking citations from the
courts to the City, effective 1/1/94. The report ou~ines the steps the City has taken to comply with AB-408 and
presents a comprehensive and detailed manual of procedures which, if adopted and adhered to, will meet the City's
legal responsibilities as set forth in AB-408. Staff recommends approval of the resolution. (Interim Finance
Administrator)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
None submitted.
ORAL COMMUNICATIONS
None
BOARD AND COMMISSION RECOMMENDATIONS
None submittal.
ACTION ITEMS
ll.A. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES AND REQUEST FOR
PROPOSALS (RFP) PROCESS FOR SOLID WASTE SERVICES - On 10/19/93, Council directed staff to
proceed with the development and issuance of a RFP for solid waste services as an alternative to the present County
solid waste management system. Five proposals were received by the 2/15/94 deadline. The report outlines a
recommended plan for: evaluating those proposals, conducting an economic analysis of expected costs to the City
of remaining in the County system, and presenting recommendations as to whether and how to proceed with
alternatives to the County system. Staff recommends Council: (A) approve the resolution, and (B) direct staff to
return to Council with the results of the evaluation process at tbxce key steps ~ (1) analysis of proposals by 4/5/94,
(2) draft conclusions and recommendations by 4/26/94, and (3) final report no later than 5/17/94. (Administration)
B. RESOLUTION 17404 WAIVING THE BID REQUIREMENTS AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR CONSULTANT SERVICES NOT TO EXCEED $24,850 WITH
BROWN, VENCE & ASSOCIATES FOR THE EVALUATION OF PROPOSALS, AND APPROPRIATING
FUNDS THEREFOR - 4/Sth's vote required
Councilmember Horton questioned the amount originally approved for the RFP and the amount paid. She further
questioned if any of the work done by the North County JPA could be utilized in the work to be done for the City.
George Krempl, Deputy City Manager, responded that $17,000 had been appropriated and the contract was for
$16,530. They could not be used in the evaluation as the City's proposals were very different. The City did not
Minutes
March 1, 1994
Page 6
get any proposals, with one exception, that the North County JPA received. Then was some economic information
the North County JPA developed which staff had already forwarded to the consultants. He felt it was different in
terms of usefulness. Some of the information relative to the County system would not have to be replicated, but
would need to be reformatted and re-examined in terms of how it applied to the Southbay.
Councilmember Hotton questioned what the balance was in the Waste Management Trust Fund account.
Stephanie Snyder, Principal Management Assistant, responded that the account had other revenues in it and therefore
she did not know the exact balance. The balance from the original Laidlaw settlement was probably $5,000 -
$10,000. Then had been revenues received from County tonnage grants that also went into that account along with
all other grant funds.
Councilmember Fox questioned if it had been determined whether all of the proposals were responsive.
Mr. IC,'empl stated the consultants would determine that.
Councilmember Fox questioned if it would be appropriate, if it was determined that some of the proposals were not
responsive, to give them an opportunity to comply with the request and make them responsive in order to maximize
the City's alternatives.
Mr. Krempl felt that would be inappropriate from the standpoint that there were bidders that were expected to
produce certain information and if the process was reopened for those that were deemed non-responsive the process
would then have to be opened to others.
Councilmember Fox stated he wanted to keep as many in the loop as possible in order to maximize the City's
alternatives. He requested that Council be informed of those deemed non-responsive and of what the deficiencies
Were.
Mayor Nader felt that by bringing the non-conforming responses to Council it would give them the opportunity to
determine whether any defect in the response was relevant and to obtain advice from the City Attorney as to any
options available.
· Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA, representing INDWELLER Infrastructure, stated
the tim6 frame on the evaluation might not meet the County ordinance time frame. She requested that the last date
be moved up so a decision could be in place in time to go to the County and receive a response from the County
before the Interim Commission decision was mede. On 3/4/94 there would be a "Future of Recycling" workshop
in San Marcos. She requested that Council reaffirm that they did support recycling programs, but not supporting
the withdrawal of the mandatory recycling ordinance that the County was currently considering. She felt the
mandatory recycling ordinance was appropriate but did need some revision.
Mayor Nader stated as far as the recycling ordinance, any reconsideration of the recycling program in the City was
not before Council. He would reaffirm his support of that program. Elimination of the recycling program would
be penny wise and pound foolish because it would result in a short term small savings, but in the long term a
tremendous increase in the rates to the users.
Coun(dmember Rindone questioned if Ms. Aland represented any of the five responses to the RFP.
Ms. Aland responded that she represented INDWELLERS, the source separated recycling industry of independent
recyclers. She was interested in the process.
Coun(dmember Rindone stated he was pleased with the additional information presented to Council. When Coune'd
authorized the RFP process it was with the understanding that Council wanted to give the rate payers the option that
if whatever came out of the Interim Solid Waste Commission, i.e. multiple JPA's, single JPA, etc. it would in beth
Minutes
March 1, 1994
Page 7
the short and long term be cost effective. He felt the process was critical and upon his questioning, staff had agr~d
to modify the last recommendation of the May 17th date for the final recommendation to Council to May 10th.
AMENDMENT: (Rindone/Horton) the date for the presentation of the final report and recommendations to
Courtall will be on May 10th instead of May 17th. Mayor Nader stated there was nrmnimons consent for the
RESOLUTION 17404 OFiYERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Fox felt one of the most significant things the consultant would be doing was projecting the cost
of the County system in place over a twenty year period. The assumptions made by the consultants were extremely
important in that regard as the City had determined that some of the assumptions made by the County were
incorrect. Council needed to know what the assumptions and jastifieations were or the projected figures would be
meaningless.
Councilmember Rindone stated staff had indicated that if any of the five bids were deemed to be non-responSive
for ~nancial considerations it would terminate further investigation of those reports. Hefeltthatwasjusti~ableand
would allow the City to focus on those that were ~scally feasible and could meet the demands of the City.
Mayor Nader stated Council was to be informed of which responses were considered non-responsive and the reasons
for that determination.
Councilm~mber Fox stated it should be done under an aggndized item, i.e. the weekly report.
VOTE ON RESOLUTION, AS AMENDED: approved unanimously.
Councilmember Rindone requested an update by staff on the meeting held by the Subcommittee on Governance.
Mr. I~empl stated the direction to be presented to the full committee was that the City of Chula Vista, at the present
time, was neither an opponent or proponent of subregional JPA's. However, the subregional JPA issue needed to
be looked at because of the likely possibility that not all jurisdictions would end up joining the regional JPA. They
needed to know the ramifications and impacts on the total system if they did not join. There was agreement to
develop several "what it'" scenarios.
12. REPORT PROPOSED CHILD CARE WORK PROGRAM - The report presents a
proposed work program aimed at determining the most appropriate and effective method(s) of encouraging the
provision of accessible and affordable child care facilities. Based on prior direction from Council to develop a
comprehensive child care strategy, staff from the Pinks & Recreation and Planning Departments would coordinate
with the Child Care Commission in developing implementation recommendations and ultimately a Child Care
Element to be included in the City's General Plan. Staff recommends Council: 1) accept the Draft Child Care Work
Program; and 2) authorize the use of staff time and services from both the Parks & Recreation and Planning
Departments to conduct the necessary tasks outlinedin the Draft Child Care Work Program. (DirectorofPlanning)
Councilmember Fox referred to the reference "child care facilities" and questioned if it also referred to family
Robert Leiter, Director of Planning, stated it did, particularly as it related to the permit streamlining review.
Councilmember Fox questioned if the Child Care Commission considered the inter-generational facility as the CV
2000 Subcommittee on Child/Adult Care recommended that such a facility be located in Chula Vista.
Jess Valenzuela, Director of Parks & Recreation, stated it was not considered in the discussion. Two years ago
the Commission on Aging did consider an inter-generational program and facility and did not support it.
Minutes
March 1, 1994
Page 8
Councilmember Fox stated he would like to receive a copy of the reasons why the Commission felt it would not
work or why there was no interest expressed. He questioned whether the Child Care Commission should revisit
the issue. He thought he had requested that information the lest time the issue was discussed by Council.
Mayor Nader stated the Child Care Commission would have a significant role in the preparation of the plan and
suggested that it be understood that inter-generational care as a component of the plan, or a potential component
of the plan, not be ruled out. It would be something they were free to look at and make recommendations on.
Councilmember Horton stated in the Phase II part of the Child Care Element it referred to providing a dedicated
child care classroom in all newly constructed public schools and she felt it should be encouraged in existing schools
MS (Nader/Moore) to approve staff recommendation with the addition of "when feasible, existing school
facilities" be added to Phase II, Task 3, Item 3A.
Counfihnember Fox requested that as part of the motion that staff come back with the commen~s fcorn the
Child Care Coinmission as it rdated to the inter-generational facilities. Agreed to by the Maker and Second
of the Motion.
VOTE ON MOTION, AS AMENDED: appcoved unanimously.
13. REPORT WORK PROGRAM FOR THE PLANNING DEPARTMENT'S ADVANCE
PLANNING DIVISION - As part of the Fiscal Year (FY) 1993/94 budget, it was recommended that the Planning
Department return to Council with a long-range work program for the Advance Planning Division which would
establish overall priorities for major projects being undertaken by that division. The proposed overall work program
lays out existing program and projects, projects to be undertaken during the remainder of FY 1993/94, and projects
to be initiated during FY 1994/95. Staff will continue to bring forward work programs and schedules for individual
projects to Council prior to initiating them. Staff recommends Council accept the report and direct staff to pursue
the Advance Planning Division work program as presented. (Director of Planning)
Robe~Leiter, Director of Planning, gave abriefoverview ofthe pruject. Staffwes recommending Council approve
the work program with the understanding that staff would be updating it on a periodic basis. As work programs
were brought forward for individual projects staff would give Council more detailed information regarding revenue
sources for the projects being worked on.
Mayor Nader questioned if some of the items identified through the Environmental Agenda, as well as through the
type of things done through the Otay Ranch planning process relating to land use planning and density transfers to
achieve open space preservation and the reduction of automobile use, were included in the work program.
Mr. Leiter stated they were, page 13-9 of the work program contained the Greenfleets Trip Reduction program.
The Otay Ranch implementation program was also listed an page 13-10 under various special studies. There were
also references to the Multiple Species Conservation program and the Greenbelt Master Plan which would address
the conservation of open space as part of the planning process.
Mayor Nader stated he was hoping that under the Conservation Goal identified by Council it would include generally
all those types of planning efforts. The one umbrella under which they could all fit in the proposed program was
the 'Growth Management Program Amendments".
Councilmember Horton referred to page 13-11 and questioned what an 'interim take permit process' was.
Mr. Leiter stated when the California gnatcatcher was listed as a threatened species they set up a process for cities
where they would be allowed to issue permits for take of habitat of the gnatcatcher under certain conditions. Staff
Minutes
March 1, 1994
Page 9
was currently working with the Fish & Wildlife Service to look at setting up such a process for the City. Staff
would be returning to Council with a recommendation on how to set up that permitting process.
Councilmember Moore noted the department was taking on a bigger workload than in the past and questioned how
it would affect the staffing.
Mr. Leiter stated that was correct. A number of the projects had started within the last six months and there were
several others staff wanted to start early next fiscal year. Staff tried to design the work program to fit under the
existing staffing plan and to allow them to do some of the ongoing maintenance of files and data bases. There were
a lot of items and staff wanted to look at the program periodically and update items.
Councilmember Fox questioned how the interim take permit process would affect projects that were currently on
hold.
Mr. Leiter stated the interim take process primarily affected projects that were within the City's jurisdiction.
Currently, the County would have to issue an interim take permit unless the property was annexed to the City. Staff
saw the interim take process oaiy lasting amaximum oftwo years. Ultimately, the Multi-Species Conservation Plan
or the NCCP would lead to the adoption of a permanent plan that would replace the interim take process.
Councilmember Fox stated the MSCP would have major implications on the Southbay and Council would be
deciding on exactly what criteria they would recommend be established in order to forin a focused planning area.
It had been his opinion, and now the opinion of the policy Committee, that the individual jurisdictions involve
themselves in the focused planning area and not do what the Interim Trash Commission did which was make the
decision and then come back to the respective councils. It was his reconmaendation that they start in the individual
jurisdictions and let them, given a set of guidelines, decide what the focused planning area would be and then go
back to the policy committee to put it together. He questioned whether the plan anticipated that amount of work.
Mr. Leiter stated the work plan did not contemplate the level of local planning occurring that was discussed by the
committee earlier in the week. If there was a decision made that there should be subarea planning, i.e. amending
the General Plan to deal with the coastal sage scrub, that would be a higher level of staff eftoff than included in
the work plan for the fiscal year. Staff expected that level of detailed planning during FY 1994/95. Staff would
have to report back on a realistic approach to the detailed planning that was being discussed.
Councilmember Fox stated he did not want someone else telling the City where their preserves were, where they
could not develop, and where the focused planning area would be. He felt it was a local planning issue for the
Council to decide. His emphasis had been that it was the City's decision and that the Council had to be intimately
involved and have final say.
Mayor Nuder suggested that specific attention be given to the need to incorporate air quality, water conservation,
end environmental resource protection into the long term planning efforts. It did not need to be a specific study,
but something to be incorporated into other aspects of the work program as appropriate.
MS (Nader/Horton) to include within the work program a policy goal of promoting water conservation, air
quality preservation, and environmental protection.
Councilmember Moore questioned what was already in place regarding those issues. He further questioned whether
the Planning Department was the appropriate place for it.
Mayor Nader felt it was appropriate to the extent that it related to planning policies. He was not suggesting that
all water conservation policies be handled by the Pl~mning Department. In implementing other items in the work
plan water conservation should be one of the policy considerations.
Minutes
March 1, 1994
Page 10
Mr. Leiter stated those types of things wouM be implemented through the Growth Management program. The
were policies in place dealing with water conservation and air quality and perhaps staff would return with those two
policies and ask for direction on how those could be expanded or amended.
Mayor Nader stat~xt that would be his intent.
VOTE ON MOTION: approved unanimously.
MSUC (Nader/Moore) to adopt the work plan us amended.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 5b and 9. The minutes will reflect the published agenda order.
OTHER BUSINESS
14. CITY MANAGER'S REPORT(S)
14a. Scheduling of meetings. City Manager Goss stated a memo had been sent to Council regarding the
upcoming Council tour and whether there should be one or two tours. The two issues would be: 1) the CIP tour
which would look at new projects or projects in process; and 2) the information superhighway. Staff felt beth tours
would take 2-2 1/2 hours. There was an option of doing them at two different times or shortening the CIP tour and
doing beth at one time which would take from 3-4 hours. Staff suggested that one tour be scheduled in April with
the Mayor/Council secretary polling all members as to the date.
Councilmember Rindone stated he had submitted a request to have the tours combined. He would be at an MTDB
meeting on April 9th.
Councilmember Hotton preferred to have beth tours on the same day.
Mayor Nader stated the Mayor/Council secretary would poll the Council regarding an April 16th or 30th date for
the combined CIP/superhighway tour.
15. MAYOR'S REPORTfS)
15a. Mayor Nader stated a meeting was held with the mayors and managers of National City, Imperial Beach,
Chula Vista, Supervisor Bilbray, and an Otay Water District Boardmember and Executive Director concerning the
future of regional sewer service in the Southbay area and potential alternatives to the new Metropolitan Wastewater
Management District. He felt there was a lot of interest to the extent that if the larger district continued to go on
its present path they could be incurring more costs than necessary and subject to unilateral control of one district.
Therefore, there was interest in developing further alternatives with each elected official taking those back to the
policy making bodies for further discussion. There was the caveat that what appeared to be desirable now could
change depending on actions taken in the Federal lawsuit, on actions by Congress, and actions taken by the City
of San Diego in changing its position on the weighted voting formula. Additional information would be sent out
as a result of the meeting and he requested that starf send copies to members of Council also. The item should be
agendized for Council discussion and input at the appropriate time for discussion.
16. COUNCIL COMMENTS
Councilmember Moore:
16a. Councilmember Moore questioned how amendments that were read into the motion, with a common
consensus by Council, was shown in the minutes.
Minutes
March 1, 1994
Page 11
Vicki Soderqulst, Deputy City Clerk, stated if it was included in a general discussion it would be bolded so that it
would stand out. The mimltes would reflect that action was taken by common consensus rather than a vote.
Mayor Nader stated it should state it was amended by unanimous consent.
Councilmember Horton:
16b. Councilmember Horton stated Arturo Barios had sponsored a major 10k race in Chula Vista over the last
several years and the proceeds were invested in the community with most of the funds & providing books for children.
She recommended the Library Board and staff consider n~ming a room or a wing of the library afar Mr. Barios
as he intended to malce Chula Vista the home of his annual race.
MSUC (Horton/Nader) to refer the issue of naming a wing or room of the library after Arturo Barios to the
Library Board for consideration, to be bronght back with their report in the next several weeks.
Councilmember Rindone:
16c. Councilmember Rindone stated he want~l to make a referral to staff regarding the four parking spaces in
front of Silvercrest Senior Center on Third Avenue. There was a concern that the same vehicles were parking there
all day long and they were not metered.
16d. Councilmember Rindone stated there was some concern by one of the school districts regarding the need
for resources or having to close programs in place for child care services for infants and young children. He
wanted a referral to the Child Care Commission to have them look at interfacing agencies or projects to ensure that
any current facilities that were open were not lost and what funds were available.
16e. Councilmember Rindone stated there was concern expressed on the exterior of the new library on 4th and
Orange, i.e. no windows on the comer and what landscaping would be put in. He requested a one page update on
the item. He felt memos to Council on those three issues would be sufficient unless staff needed Council direction.
MSUC (Rindons/Nader) to refer the issue of the parking in front of Silvercrest Senior Center and the
concerns regarding the library to staff; and refer the concerns by the school district regarding child care to
the Child Care Commission.
Mayor Nader felt it would be open to the Child Care Commission to make a recommendation to be placed on the
agenda if they felt that was appropriate.
16f. Councilmember Rindone stated he was concerned with the listings of items for closed session. Many times
the items were not discussed and he requested that the City Attorney indicate, prior to closed session, whether there
were any items that did not need to be discussed and have them removed from the agenda. He felt the listing lead
to inappropriate assumptions.
Mayor Nader stated that sometimes the Council or City Manager wanted to bring an item forward. He suggested
that the minutes reflect which items were discussed. That way there would be a public record available to the media
and public that would clarify the point Councilmember Rindone was making and still preserve the ability of
individual Councilmembers to discuss the items that were on the agerids.
Councilmember Rindone stated he had no problem if the City Manager stated an item was not going to be discussed
and a Councilmamber indicated that they wanted to discuss the item. He was concerned that there was not a good
system as to what was being published and what was being discussed. If Council was not going to discuss a
particular case it needed to be removed before Council adjourned into closed session.
City Attorney Boogaard stated he endorsed and supperted identifying the items ahead of time. He could indicate
the ones that he intended to discuss. The problem was that many of the items were in a dynamic state of flux. The
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March 1, 1994
Page 12
agenda was prepared on Thursday and staff did not know what would happen over the five days prior to the
meeting. Out of precaution he listed them and often Council did not discuss them. He had no objections to a
procedure that right before Council went into closed session that he indicate those that needed to be discussed with
Council. If there were any additional items that any member of the Council wanted further information or
instruction on they could be stated with the remaining items removed from the agenda.
Mayor Nader stated the only concern he had, and if the rest of the Council wanted to do it that way it was fine with
him, whether Counc'd want~l it televised as to which Councilmember was bringing forward the performance of a
given staff member for closed session evaluation or concerns with the way litigation was being handled.
Councilmember Moore felt one portion was legal and one pertion was management. It behoved those two bodies
to see if Councilmemhars had any objections to not discussing certain items. He felt that could be done on Monday
or Tuesday.
Councilmember Fox agreed with the Mayor's concerns, but also agreed that the public should not be mislead to
believe that all the items were being discussed when often times they were not. He did not want to put anyone on
the spot especially when it came to personnel issues. He felt the objective could be reached by listing the items
discussed in the public minutes.
Councilmember Rindone felt Council owed it m the public to state which items would be discussed in closed
session. The appearance that an item was being discussed week after week after week needed to stop. He
questioned of the five items listed for closed session if any would not be discussed.
City Attorney Boogaard responded that Chammas or the Solid Waste litigation would not be discussed. The
insmatctions to negotiators was the City Manager's item.
Councilmember Fox questioned if it was Councilmember Rindone's intent to have staff come back with staff referral
to adopt a policy.
Mayor Nader felt the intent was to have the City Attorney make a statement prior to going into closed session as
to which items he intended to discuss. Council would give the City Attorney the opportunity to list those items prior
to going into closed session each week.
Councilmember Fox:
16g. Councilmember Fox stated the City had four alternatives for preserve habitat boundaries and contained in
at least one was the Olympic Training Center. The City needed to be alerted to the fact that it would cost money
and although it was a federal mandate, there was discussion of local participation. He would push to minimize that
as much as possible.
ADJOURNMENT
Council messed at 6:23 p.m. and reconvuned at 6:30 p.m. in Closed Session to discuss:
Pending litigation pursuant to Government Cede Section 54956.9 - Christopher vs. the City of Chula Vista.
Pend'mg litigation pursuant to Government Codo Section 54956.9 - Chaparral Greens vs. the City of Chula
Vista, Baldwin.
Instrnctions 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.
Minutes
March I, 1994
Page 13
ADJOURNMENT AT 7:30 P.M. to the Regular City Council Meeting on March 8, 1994 at 6:00 p.m. in the City
Council Chambers.
The Redevelopmerit Agency convened at 6:23 p.m. and adjourned at 6:25 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk