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HomeMy WebLinkAboutcc min 1992/09/22 MINU'IT~ OF A REGULAR IMF~TING OF THE CITY OF CHULA VISTA Tuesday, September 22, 1992 Council Chambers 6:06 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Horton, Malcolm, Moore, Rindone, and Mayor Nader. ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vickl Soderquist, Deputy City Clerk. 2. PLF. r~GE OF ,Af J.RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: September 8, 1992 MSUC (Moore/Malcolm) m approve the minutes of September 8, 1992 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation designating September 20 to September 26, 1992 as 'Waste Reduction Week" in the City of Chula Vista was presented to Stephanie Snyder by Mayor Pro Tem Malcolm. b. Prodmarion comm~xlding Anthony Ciotti, Jr. upon 15 years of dedicated service in the City of Chula Vista was presented by Councilman Moore. CONSENT CALENDAR (Items pulled: 6.A, 6.B, 9.A, 9.B, 10, and 12) BALANCE OF CONSENT CALENDAR OFFERF~ BY MAYOR NADER, reading of the tex~ was waived, passed and approved unanimously, except as follows: Item 8.B was passed and approved 40-0-1 with Cotlllr~man Malcolm abstaining. S. WRi-Fi~.N COMMUNICATIONS: a. LeUer requesting increased police patrols in an area of southeast Chula V'~ta - Ella M. Croshier, 25 Blue Anchor Cay Road, Coronado, CA 92118. The Police Department has reviewed this request and is instituting additional patrol of the area. They have also contacted Ms. Croshier and advised her of the additional patrol. It is therefore recommended that this request be received and Filed. Counc~woman Hotton asked that the Police Department return to Council within 30 days with a report on the status of the situation. Minutes September 22, 1992 Page 2 d Mayor Nader stated, upon hearing no objection, that Councilwoman Horton's request would be incorporated into the Consent Calendar motion. b. Letter requesting that the conditional use permit, indudlng the design review and any other fees associated with the application, be waived - Gerald L. Bendickson, Chairman of Governing Board, South Bay Baptist Church, 960 Fifth Ave., Chula Vista, CA 91911. It is recommended that this request be referred to staff for review. Unless staff determines it has the authority to waive the fee and that it is appropriate for staff to do so, a report will be brought back to the Council. 6.A. RESOLUTION 16811 APPROVING AGBRRMENT BETWEEN THE CITY OF CHULA VISTA AND LETrIERI-MCINTYRE & ~TES, PROJECT MANAGER, AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES FOR OTAY RANCH, AND ALrFHORIZING THE MAYOR TO EXECUTE THE AGI~ERMENT - The agreement is intended to cover the final phase of the Otay Ranch Project which includes, but not limited to, the Development/Public Benefit Agreement, Sphere of Influence Study, and the Property Tax Agreement coordination with the City and County. Staff recommends approval of the resolutions. (Deputy City Manager Krempl) Pulled from the Consent Calendar. B. RESOLUTION 16812 APPROVINGAMODIFICATIONTOTHEAGBREMENTBETWERNTHEClTY OF CHULA VISTA AND LEFnERI-MCINTYRE & ASSOCIATES, PROJECT MANAGER, AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGER, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGI~EF-MENT - The Otay Ranch Project is entering the final processing phases and additional assistance is needed in specific areas. This request is being made to allocate one additional Lettieri-McIntyre & Associates staff person to assist in coordination of such projects as the Planning Commission referrals, Sphere of Influence Study, and the Public Participation Program. Pulled from Consent Calendar. Councilman Rindone was concerned about the annual rate of compensation for the consultant. He said $11,500 per month was an annualized rate of $138,000 at the hourly $85 per hour. A consultant should never exceed the highest paid staff member in the City which was the City Manager and it was almost double the hourly rate of the City Manager. He said he was going to vote "no" on the item. He noted that the reason for his "no" vote was not because of who was being selected, the project or the term, but was the rate of compensation. Mayor Nader asked what the term was of the agreement that was originally contemplated when tirst entering into the contract with Mr. Lettieri and when the work was expected to be completed. George Krempl, Deputy City Manager, responded that the project had been going on for three years next spring and Mr. Lettieri's contract had been on an annual basis coinciding with the work program that was put together for the project. As of six or seven months ago, they concluded that the project could and should be terminated by the end of the calendar year. RESOLUTION 16811 AND 16812 OFFP. RED BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader stated that Council and the County Board of Supervisors which were the two policy making bodies involved in Otay Ranch and, therefore, the two bodies whose directives to which staff and others should answer and should implement had indicated that subject to appropriate environmental review there should be a university site in Otay Ranch that included the 400 acres proposed for donation by Baldwin, although not necessarily made up exclusively of that acreage. He asked Mr. Lettieri if he voted 'yes" on the motion, could he assume that all of Mr. Lettieri's work from then until the end of the project would be done with the idea of implementing those resolutions. Minutes September 22, 1992 Page 3 Mr. Lettieri responded that earlier in the year a staff report went to the Interjurisdictional Task Force. The Task Force accepted a process which was now being incorporated into a staff recommendation which referenced those two resolutions specifically. What the staff recommendation would do was reference the 400 acres but also state that there was a process that needed to be followed for additional acreage should the University of California campus require that. Mayor Nader wanted Mr. Lettieri's assurance that night that he would see it as part of his job, as if written into the contract, to move forward with designating within whatever project alternative staff came forward with and recommend a university site that included but was not conclusively consisting of that 400 acres. Mr. Lettieri stated he represented both the City of Chula Vista and the County of San Diego and they had taken that resolution and incorporated it into the general development plan of the project. It was difficult for him to make that promise because basically his role in the process was to make sure that all citizen input, as well as County and City input, was brought into the project and then make a professional recommendation to the City as well as to the Planning Commission. His recommendations would go through the City Manager and an Executive Committee as well as the Deputy Chief Administrative Officer. The final recommendation coming from him had not gone to the City Manager yet but he could assure the Mayor that the resolutions which had been passed by the City, the County and the City of San Diego would be addressed and they were trying to implement them. What they had not done at that point was try to anticipate the design of a university on the 400 acres into site specific environmental review. They did have the University's comments and those were being incorporated into public review. That public review would be brought to the Executive Committee. The Executive Committee was the Management Committee consisting of the City Manager and the Deputy Chief Administrative Officer. On 9/30/92, Council and the Board of Supervisors would be presented all of the issue papers. At that point if Council or the Board of Supervisors would like to give staff direction or state comments regarding the University that would certainly be the forum to do that. VOTE ON RESOLUTIONS: appmved 4-1 with Councilman Rindone opposed. MS (Moore/Nadex) m direct the City Manager in future reports regarding any/all hLrings of contract staff members to include offset costs that would be similar to an employee of the City in a s~mnar position to include but not necessarily limited to workers compensation, retirement, health insurance, vehicle use, etc. Mayor Nader stated he would second the motion for discussion provided the City Attorney said Council could consider the motion. If not he would ask that the motion be placed on the next agenda. City Attorney Boogaard stated the item was not agendized and recommended placing it on the next agenda. Mayor Nader stated if the City Manager advised them that it would be done administratively he would withdraw his request to put the item on the agenda. City Manager Goss so advised Council. 7. RESOLUTION 16813 AUTHORIZING THE CITY TO PARTICIPATE IN AWARD OF BID TO F_,BSCO FOR PURCHASE OF PF_,RIODICAL SUBSCRIPTION SERVICES - Counc~ Kesolution 6132 authorizes the City to participate in bids with the City of San Diego for the purchase of materials or supplies of common usage. The City of San Diego has awarded its contract for periodical subscription senrice. Chula Vista is able to participate in this contract via a Public Agency clause. Staff recommends approval of the resolution. (Director of Finance) Minutes September 22, 1992 Page 4 8.A. RESOLUTION 16814 EXF2ICISE THE OPTION FOR RENE%~AL OF LANDSCAPE MAIN'IRNANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICTS NUMBER 1-10, 14, 15, 18, 20, AND EASTLAKE MAINTENANCE DI~ ndCT - On 5/6/86, Council accepted the Department's report regarding renewal options for Open Space contractors. The Department will exercise its option to renew the landscape maintenance contracts in Open Space Maintenance Districts 1-11, 14 (Units 1-7), 15, 18, 20, and EastLake Maintenance District. Staff recommends approval of the resolutions. (Director of Parks & Recreation) B. RESOLUTION 16815 EXERCISE THE OPTION FOR ~WAL OF 1ANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICT NUMBER 11 Item 8.A approved unanimously;, and Item 8.B approved 4-04)-1 with Couneilfftan Malcolm abstajrtlng. 9.A. RESOLUTION 16816 AC(IFflNG PROPOSAL FOR t2iYWIDE STREET SWEEPING SERVICES AND AWARDING CONTRACT TO ILF. DICKSON COMPANY, INC. TO PROVIDE b-iKEET SWEEPING SERVICES 1/1/93 THROUGH 12/31/95 - On 7/31/92, the City issued a request for proposals from qualified firms to provide street sweeping services. After evaluation of proposals, staff recommends awarding bid to R.F. Dickson Company, Inc. and extending current contract with Laidlaw Waste Systems until 12/31/92. Extension will give the new contractor enough time to acquire new equipment and ensure a smooth transition in the delivery of street sweeping services. Staff recommends approval of the resolutions. (Director of Public Works) Pulled from Consent Calendar. B. RESOLUTION 16817 APPROVING FOURTH AMENDMENT TO CITYWIDE STREET SWEEPING AGJIF. F-MF2q'f WITH LAIDLAW WASTE SYSTEMS, INC. TO PROVIDE b-rREET SWEEPING SERVICES ROUGH 12/31/92 - Pulled from Consent Calendar. Councilwoman Horton stated that included in the Dickson contract their cost per mile equated to $11.12 and asked of that amount how much was the dump fee. Dave Byers, Deputy Public Works Director/Operations, responded $1.50 per mile. Councilwoman Horton asked how staff had come up with that figure and what they had to compare it with to make sure that was an accurate figure. Mr. Byers responded that Mr. Dickson had provided the figure to staff. Staff would be comparing that figure to other agencies. City Attorney Boogaard asked what Laidlaw's debris dumping fee per mile was and if $1.50 sounded unreasonable. Don Blind, Division Manager of Laidlaw Waste Systems, 2092B Northshore Dr., Chula Vista, CA, responded that he did not have that figure but $1.50 did not sound unreasonable. City Attorney Boogaard stated Section three was proposed to be amended as indicated in the document marked "9A - Sup" which was on the dias. The major distinction between the amendment and the contract in Council's packet was that the dump fee cost indicated in the proposal to be increased annually based on costs of the increase in the cost of dumping charged by the landfill operation would be passed through and paid to the contractor. The new document incorporated a provision that would compensate the contractor for the percentage increase not to exceed six percent similar to the City's residential trash franchise agreement with Laidlaw. Minutes September 22, 1992 Page 5 Councilwoman Horton stated her concern was establishing a fair rate on the dump fees. She asked staff to further comment on why the extension of the Laidlaw contract was the amount that the City would have to contract for when in fact with all those comparables that was a high figure. Mr. Byers stated that staff agreed it was a high figure. Unfortunately Laidlaw was the company doing the sweeping now and they refused to continue in November and December at the $14.02 rate they were currently charging which was higher than the new bidder's rate. It was pointed out m them that if they did not sweep the last two months, their equipment would be sitting there and they could not do anything with it. They chose to not agree to continue at the current rate but wanted the new rate. The City could not bring somebody else in for those two months. Mr. Blind stated that they had already extended the contract for two months at their regular rate which did not include landfill increases. When they were asked to extend it to January 1st, they had already exposed the rate that they had bid and that was the price they told staff they had to have. Councilman Malcolm thought Laidlaw had gone the extra mile, had done more than most business people would have, and had shown good corporate citizenship in their response. Councilman Rindone stated that when awarding major contracts Council needed to look at the length of the contracts. RESOLUTION 16816 AS AMENDED AND 16817 O~'VERED BY COUNCILMAN RINDONE, reading of the ten was waived, passed and approved unanimously, 10. RESOLUTION 16818 RE-CERTIFYING EIR-87-20TAY RIO BUSINESS PARK AND APPROVING UNCONTROL~I~n EMBANKMENT AGRF, F. MENT FOR FILL AT CHULA VISTA TRACT 87-60TAY RIO BUSINESS PARK - PHASE 2 - Amalgamated Citrus Growers has requested permission for an uncon~'olled embankment at Chula Vista Tract 87-6, Otay Rio Business Park - Phase 2. According to Section 15.04.285 of the Municipal Code, all uncontrolled embankment agreements are to be approved by Council. Staff recommends approval of the resolution. (Director of Public Works) Pullea from Consent Calendar. Councilman Malcolm asked if there were any provisions for some type of catch basin or something that was going to be installed so during the rainy season the mxics would not run off the property. Cliff Swanson, Deputy Director of Public Works/City Engineer, responded unless there was a really big rain, all of the water would be contained within the berms that they had to put in. There was also visqueen underneath the new pile that would keep the water from migrating into the soil. Councilman Malcolm asked what kind of protection they had if there was a big rain and it did wash onto other properties. Mr. Swanson said there was a berm built up with dirt around the site where the contaminated soil was placed. He did not know exactly how high it was but said it was about six m twelve inches high and that should contain almost any rain. City Attorney Boogaard stated that in paragraph three there was a promise to mitigate any such leeching or contamination of adjacent parcels and an indemnity. Councilman Malcolm said there should be a condition that Mr. Christopher was satisfied with regarding the financial ability of the indemnity agreement. His concern was that the runoff of toxics would not go onto Minutes September 22, 1992 Page 6 other properties. The City of Chula Vista owned the property adjacent and had received some type of certification indemnity that it was all removed. If the agreement was going to be recorded, that was fine. If the agreement was going to be recorded on an over encumbered piece of property, that was not free. If the agreement was going to be recorded with a company that was already in bankruptcy, and he was not positive or saying that they were, then could the City enter into that agreement without the approval of the bankruptcy court. Those were his concerns and he did not mind approving the resolution as long as staff was satisfied with those items, Mr. Swanson responded that staff would cheek out those items before sending it over to the Mayor for signature. RESOLUTION 16818 OFFF, RED BY COUNCILMAN MALCOLM, reading of the text was waived. Councilman Moore stated that he had a similar concern about the potential damage by a severe rain. Mr. Swanson responded that the plans called for the developer to first put visqueen, which was a plastic, down in the ground. Around the edges there would be two layers of sandbags that would keep the water in and direct it over to the regular drainage course. In addition, immediately after putting the soil in place, the property owner was required to hydroseed. The hydroseeding would prevent the soil from eroding and running off. The clean water run off on the surface would go down the drainage course. All of that was being done under the watchful eye, although not direct supervision, of the State Regional Water Quality Control Board, the County Department of Health and supervision of the property owners environmental engineer. City staff would be reviewing the actual swck piling, grading and making sure that the hydroseeding was done. Mayor Nader asked, if it was agreeable to the maker of the motion, that the concerns outlined by Councilman Malcolm be attached to the resolution, or any legal doeumants that are sent to him for his signature, so that those can be checked with any response staff may have. VOTE ON RESOLUTION: approved unanimously. 11. RESOLUTION 16819 SETHNG A PUBLIC HEARING TO APPROVE THE TRI.RGRAPH CANYON SEWER BASIN PLAN AND ESTABLISH THE T~LF. GRAPH CANYON SEWER FEE - In compliance with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan. The plan, which is now completed, provides recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in the basin and proposes a fee of $158 per Equivalent Dwelling Unit (EDU) to finance the construction of the improvements. Staff recommends approval of the resolution and that Council set a public hearing for 10/13/92. (Director of Public Works) 12. RESOLUTION 16820 ACCEPTING BID AND AWARDING CONTRACT FOR "SEWER REHABILITATION - PHASE IV IN THE CITY OF CHULA VISTA, CALIFORNIA* - On 9/2/92, the Director of Public Works received sealed bids. The work includes excavation and grading, asphalt concrete pavement, process miscellaneous base, trench shoring, traffic control, installation of 8-inch and 10-inch sewer mains, lining existing sewer with folded PVC pipe, construction surveying and other miscellaneous work. Staff recommends approval of the resolution. (Director of Public Works) Pulled from Consent Calendar. Minutes September 22, 1992 Page 7 Cliff Swanson, Deputy Director of Public Works/City Engineer, showed a sample of the pipe brought from the manufacturer. The green was a piece of pipe, pvc the normal sewer pipe, the white liner inside was the material that lined it. It was pvc just like the outer pipe and had the same life expectancy. In the project being done they were lining vitrified clay pipe which had cracks, more joints and was a greater problem, not pvc pipe. They would get all of the qualities of a pvc pipe without having to dig up the streets. Pvc pipe had not been in use long enough to know what the life expectancy was. Staff felt the City was getting a very good deal. John Lippitt, Director of Public Works, stated the City had been using pvc pipe since the late sixties or early seventies and never had a problem. Councilman Moore asked how many streets were involved and if it was also in the middle of the street. Mr. Lippitt stated that normally the sewers go down the center of the streets. Mr. Swanson said there were thirteen different locations listed. Basically they were going from manhole to manhole. Some were as short as twenty feet and several as long as 346 feet. They varied in length depending on the problem. The film was then shown. RESOLUTION 16820 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND }~RL&TED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING PCC-92-40: COUNCIL CONSIDERATION OF A CONDITIONAL USE PERMIT FOR INTERIM FIRE STATION NUMBER SIX APPROXIMATELY 300 FEET NORTH OF THE IN'rERSECIION OF OTAY LAKES ROAD Cl~.! .I~.GRAPH CANYON ROAD) AND LANE AVENUE ON IHE EAST SIDE OF LANE AVENUE; APPLICANT - CITY OF CHULA VISTA - On 9/8/92, Council directed staff to set a public hearing to consider relocation of the Interim Fire Station to the southern portion of the site. Staff recommends approval of the resolutions. (Director of Planning) RESOLUTI ON 16821 GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE AN INTERIM FIRE STATION AT THE NORTHEAST CORNER OF OTAY LAKES ROAD AND LANE AVENUE, TO APPROVE AMENDMENTS TO THE AGB~-~-MENT FOR AN INTERIM AND PERMANENT FIRE STATION IN EASTLAKE, AND APPROPRIATING FUNDS THEREFOR - 4/Sth's vote required. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLUTI ON 16821 OFFERED BY COUNCILWOMAN HORTON, reading of the text was waived, passed and apprnved unanimously. Minutes September 22, 1992 Page 8 14. PUBL[CHF/a!ING CONSIDERING ISSUANCE OF REFUNDING REVENUE BONDS FOR lv~s~jNA/RECREATIONAL VEX-BCLE PARK PROJECT IN TIlE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $8,S00,000 - The City issued $9,600,000 in Revenue Bonds in 1982 to finance the Chula Vista Marina and Recreational Vehicle Park Project. Substantial savings to the project in reduced debt sentice can be realized by refinancing the existing bonds with a new bond issued at current rates. The existing indebtedness and cost of issuance is $8,560,000. Staff recommends approval of the resolution. (Director of Community Development) RESOLUTION 16823 AUTHORIZING ISSUANCE AND SALE OF NOT TO EXt~_Rn $8,S60,000 PRIN(IPAL AMOUNT OF 1~92 REFUNDING REVENUE BONDS I~tATING TO (]-IULA VISTA MARINA/RECREATIONAL VEHIt~I .F. PARK PROJECT, APPROVING ~ ~I-ATED AGI~ R~-MENTS AND OFFICIAL STATEMENT, AND AUTHORIZING OFFICIAL ACTIONS This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. Councilman Moore asked what the down side was of the action, if any and on whom. David Gustafson, Assistant Director of Community Development, responded that in tenus of down side there was no financial liab~ity on the part of the City, no liability in terms of the City's reputation regarding the bond issue or any bond issue. The down side of not doing that was that the existing marina and recreational vehicle park had a much higher debt service and might be somewhat more constrained in terms of keeping up the facility and a greater necessity for charging higher rents. The owners of existing bonds would be paid off but would lose the opportunity to continue their investment at a much higher interest rate that was prevailing on the market currently. Councilman Malcolm asked Mr. McElliott to approach the podium. He thought the City had a lot to benefit by having the bonds refinanced. By lowering the debt service it would mean that there was a greater ability to make those payments which meant less of a risk of default. He thought staff was being overly generous. He asked Mr. McElliott if he had arranged with Bank of America for the refinancing. Ron McElliott, 1060 Eighth Ave., San Diego, CA, responded that they had not fmalized their cooperative effort on the part of Bank of America but it was their belief that they would be able to do so. Councilman Malcolm thought the fee the City wanted to charge was extremely low. Mr. McElliott stated they thought the fee was fair. Theywere more accustomed to a one time fee. The City would actually be earning a fee on an on going basis over the balance of the bond period which was over fifteen years. Councilman Malcolm thought it would be unfair at that point to interject a higher fee but the City needed to re-look at it especially in light of what other jurisdictions were doing. He thought that in the future, fees being charged should be more. City Manager Goss stated the Bond Counsel told staff that the limit the City could go was one-eighth of one percent so they split the difference between that and zero and came up with the amount. He thought staff felt it would cover the costs of administering. RESOLUTION 16822 OFFF. RED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. MSUC (Malcolm/Nader) direct staff to check with other jurisdictions regarding appropriate fees and report back to Council. Minutes September 22, 1992 Page 9 ORAL COMMUNICATIONS · Chuck Schrader, 440 "L" St., #I, Chula Vista, CA 91911, stated there were plans m build a major rock quany on Otay Lakes Road by the Daly Corporation and was concerned for a number of reasons. The City had a master plan to control development. According to that master plan, they were suppose to be building up the area from 1-805 out to Otay Lakes. The area on the other side of that was basically going to be left for wild life. If there was a major rock quamy, the wild life around that quamy would disappear. San Diego County would decide if the rock quarry was to be built or not, but Council could have a great deal of influence on the County. Councilman Malcolm stated the County had sent a draft EIR for Council to make comments on. The City had written letters to the County saying they were concerned about the impacts on the streets. If they were going to use the City's streets, the City would want some type of mitigation for that, to see the traffic studies, and what the impacts were going to be. To date at least three letters had been sent to the County. He had conversations with the County and so had staff. At the present time, all the legal rights that were available had been exercised. It had not gone to a hearing and when it goes to a hearing if the City's concerns were not addressed, then the City would take further steps of making sure to be there and to comment. If the County still did not listen then they would have to decide if they wanted to make any legal challenge. Staff was on top of it and doing a fabulous job. Mayor Nader asked if the public review period on the EIR for the rock quarry was still open and if a public hearing date had been set by the County. Robert Leiter, Director of Planning, responded that the public review period was closed for the EIR. He understood that the first hearing would be held in November but had not been formally scheduled. Mayor Nader stated that Mr. Schrader and anyone else interested, could probably call the County and be put on a mailing list to be notified of that public hearing date. · Carolyn Butler, 97 Bishop St., Chula Vista, CA 91911, stated she had five letters from people regarding Dial-A-Ride and that more and more people wanted Dial-A-Ride instituted in the City. Councilwoman Horton had requested a report from staff. Some of the information was inconsistent with what Mrs. Butler stated so she would look into it further. Since that particular item had not been reviewed for over five years Council may consider sending it to the Senior Disabled Transportation Committee for further review. At that time Mrs. Butler could express her concerns to that committee and hopefully they would come up with a solution. Mayor Nader asked that Mrs. Butler give the letters to the City Clerk to make copies. He also had requested information some time ago on the subject from staff, some of which he was still waiting to get and would appreciate it if staff could follow up on that. BOARD AND COMMISSION RECOMMENDATIONS 15. REPORT THE CHULA VISTA 21 COMMl'l't'tili - The Chula Vista 21 Committee has reviewed the implementation status of the recommendations made by the Chula Vista 2000 Community Task Force. Their recommendations are: (1) acceptance of the Final Report of the Chula Vista 21 Committee; (2) direct staff to further review the projects and funding alternatives and provide a report back to Counc~ by December 1993 on the stares of these projects; (3) direct staff to reserve $700 (from funds previously encumbered to support the Chula Vista 21 Committee) as seed money for the next phase of the Chula Vista 2000 strategic planning and implementation process; and (4) authorize staff to send a copy of the Chula Vista 21 report to all former members of the Chula Vista 2000 Community Task Force. (Frank Tarantino, Chair, Chula Vista 21 Committee). Staff concurs and recommends that Council: (S) authorize the Mayor Minutes September 22, 1992 Page 10 ) to send letters of appreciation to the Chula Vista 21 Committee members for their work on the Committee. (Administration) Frank Tarantino, 1006 Paseo Del Paso, Chula Vista, CA, Chairman of the Chula Vista 21 Committee, presented the second phase of the project which enlisted community input into the plan of the City's future into the next century. On behalf of the committee, he thanked Council for their willingness to involve members of the community in such projects of importance. He thanked the staff liaisons who helped with the research and subcommittee input: Jess Valenzuela, Lyman Christopher, Rosemary Lane, David Palmer, Lance Fry, Sunny Shy, Jerry Foncerrada and Lance Abbott. He also thanked Jim Thomson whose involvement was invaluable and presented him with a plaque of appreciation. He highlighted their mission, organizational structure, major findings and recommendations. Councilman Malcolm stated that a little league field had not been built in the City for a long time and some how seemed to be overlooked. Jess Valenzuela, Director of Parks & Recreation, stated that part of the sports complex would be both softball fields and little league fields. Councilman Rindone requested as a staff referral that at least once annually, the first week of October, Council receive an update from staff as to progress from the previous year. Mayor Nader hoped that the progress would be heard sooner than a year from now. Jim Thomson, Deputy City Manager, responded that some of the projects, particularly the ones in Parks & Recreation, may come up in different formats during the year. What they were particularly thinking of in terms of December 1993 was revisiting the question of a general obligation bond and the timing and type of election. He said they could certainly come back in October instead of December for a formal report on all the projects. Mayor Nader said that when they were first setting up the Chula Vista 21 Committee Mayor Cox had a proposal to do a bond issue in western Chnla Vista which would be supported by some sort of assessment. He asked if the general obligation bond that was being recommended by the Chula Vista 21 involved assessments or would it be provided through some other funding mechanism. lVlr. Tarantino responded that it would be provided through assessments, approximately $S0 per $100,000 of assessed valuation. Mayor Nader thought it was more fair to have it city-wide. He strongly urged staff to pursue aggressively the other funding mechanisms that were contained in the Chula Vista 21 report and come back as early as possible with an additional report. MS {Moore/Nader) staff to respond to their intents of the ten key items, but not necessafly restricted to those ten, and report back to Council within thirty to sixty days and have an annual report. Councilwoman Horton asked staff to report on what financing would be available to obtain item four ~Sports Complex with Ball fields and Soccer Fields." Councilman Moore added to the motion: with Council approval, accept all five of the recommendations. Mayor Nader, as the second, agreed. VOTE ON MOTION AS AMENDED: approved unanimously. Councilman Moore stated their was no doubt in his mind that the annual awards banquet would include that particular team. Minutes September 22, 1992 Page 11 Mayor Nader stated there was no doubt in his mind either, but would make sure that there was no doubt in the secretary's mind. He expressed his and the Council's appreciation to Mr. Tarantino and the others on the Chula Vista 21 Committee for the work they had done as well as the members of the Chula Vista 2000 Committee. It had been a good example of what broad based citizen participation in the City could do to promote a much grander vision of what the City could be as they began the next century. Hopefully, in spite of the tight financial times, they would find some creative ways to get some of those projects financed. As pointed out in the report, the City had already implemented many of the original recommendations of the Chula Vista 2000. He thought the reaction of the Council that evening was typical of the broad support that those projects enjoyed in the community and that in turn was a reflection of the outstanding work and long hours that Mr. Tarantino and the committee members had put in. 16. RESOLUTION 16823 APPOINTING FIVE EX-OFFICIO MEMBERS TO TIE tZ2-1ULA VISTA ECONOMIC DEVELOPMENT COMMISSION - The City~s Economic Development Commission (EDC) ordinance provides for the appointment by Council of up to five ex-officio non-voting members. At the meeting on 8/18/92, Council voted to increase the number of ex-officio slots from three to five, to become effective 9/18/92. The EDC recommends approval of the resolution. (Director of Community Development) MS CNader/Horton) at the request of staff, to continue the item to advertise the positions and take applications. Penny Allen, 666 Mariposa Circle, Chula Vista, CA 91911, Chair of the Economic Development Commission (EDC), had been excited about the recommendations before Council and stated it was something that the commission had spent a great deal of time on. They now had the capacity to have five ex-officio members of the EDC. Those were members that were non-voting members but could bring expertise to the commission that they did not presently have. One of the nice things about ex-officio members was that they did not have to be residents of the City of Chula Vista which meant they could look at some of the people who were major contributors to the community that did not live in the community and draw upon their experience to help become a stronger community. They felt they had brought to Council for their approval five ex-officio members that would bring new expertise and strength to the EDC that did not already exist. She had been made aware of the request to have the item trailed. It was definitely a grey area and the whole status of whether or not it had to be noticed had to do more with commission members that would be residents of the community. The ex-officio status does not require being a member of the community and she thought that the particular statute that was alluded to as a reason for trailing the item was silent on the issue. City Attorney Boogaard responded that the Maddy Act did not specifically address or distinguish beL~veen ex-officio and official members of a committee or commission and there was no case law interpreting it. He recommended that it be advertised. Ms. Allen asked if Council did advertise, where they would advertise because they did not have to be residents of the City of Chula Vista. She thought that was something that needed to be considered. What they were hoping to do in the EDC was to draw upon people who were not necessarily qualified to be commission members by virtue of living in the City but still had the expertise and involvement in the community. They wanted to make sure that all of those people would have an opportunity to apply if they were interested. She thought Council needed to address how they would go about the noticing. She recommended that Council approve the five people that had been recommended by the EDC. Councilman Rindone asked if Janet Wahl was recommended by the Private I ndustty Council (PIC) or ff there were other members of the senior management that were available who may have been interviewed by the EDC for consideration. Ms. Alien responded that Janet Wahl had been recommended and she was someone who had said she would like to serve on the commission. Minutes September 22, 1992 Page 12 Councilman Rindone stated that the reason he asked r_hat question was because there was a member who was a resident of the Cit3~ who was in senior management. Brene Patrick was a highly qualified individual plus the fact that she was a resident of the community. He said that Ms. Allen was correct that ex-officio members do not have to be residents, but contrary to that he thought when there was someone of that statute, that was also a resident, that needed to be seriously looked at. Ms. Allen agreed and thought that would be preferable in some cases but at that point in time there were no openings on the Commission so they felt that having someone that represented that particular segment of the business comrnunity would be of value. Councilman Rindone stated that Ms. Patrick was senior management in Private Industry Council (PIC). Mayor Nader said there were five ex-officio openings. He had been approached separately by another person who had indicated interest who he knew that some members of the Council were interested in appointing to one of the ex-officio positions. The City Attorney had recommended that the positions be advertised and he thought that was a very wise recommendation. He was surprised to learn that day that those applications had not even been provided to the City Clerk or to his office prior to their being placed on the agenda for that evening. He thought it was commendable for the EDC to be interested in recruiting participation from more people who had something to bring to the table and, in fact, pointed out that someone does not have to even be an ex-officio member in order to participate. He hoped that if any or all of those people had something to offer in terms of attending the commission meetings that they would not feel deterred from doing so by the lack of that ex-officio status. Something that occasionally came up with one commission or another was some confusion about what the process was for either filling seats on the commission or ex- officio memberships and those were by ordinance done by the Council. There was a legal process that the state and Council established for recruiting and taking applications and to ensure that as many people as possible were made aware of the openings so there would be a broad range of people to select from. He stated that Ms. Allen's point was well taken that those particular positions do not need to be Filled by residents of the City because they were ex-officio. A number of organizations were routinely notified of vacancies when they were advertised which included members who were both residents and non-residents of the City. He thought staffs recommendation was a sound one and hoped that if any of those people had something to bring to the EDC in the meantime while advertising process was occurring that they would not be deterred from doing so or would not be led to believe that they could not attend and participate in any event. Ms. Allen hoped that those people who had stepped forward and said they were interested would be considered. William Tuchscher, 3633 Bonita Verde Dr., Bonita, CA, stated that one of the reasons the EDC came forward with five names was because no one was more aware than the members of the commission as to their weak points. The reason that the ordinance was drafted in such a way as to allow for originally three and now five ex-officio members was to fill those weak points and make sure that they had all areas of expertise covered. He hoped the EDC would have some input on the appointments. Mayor Nader stated the applications were turned into the City Clerk's office and were kept there as well as the Mayor and Council office and were public documents. He encouraged members of the EDC, individually or collectively, to review and provide their input to any or all members of the Council. Councilman Moore stated that in his experience ex-officios were never decided by Council. Councilman Rindone asked why an ex-officio member would go to Council for approval and what the justification was for that. Mayor Nader responded that they would come to Council for approval because the positions were created by ordinance and were to be appointed by Council. Minutes September 22, 1992 Page 13 Councilman Moore stated that the only ones members by ordinance were those that were required to vote. If you don't have a vote it was not required and was not in the Brown Act. City Attorney Boogaard stated that the EDC ordinance required appointment of ex-officios by the Council. SUBS'rlTLITE MOTION: (Rindone/Moore) to accept the first four names (Arthur Sellgren, Charles Suthedand, Dougtas Fuller and Kenneth Clark) of the five offered and substitute Brene Patrick for Janet Wahl because she is a member of senior management and a resident of the eomrnlnllty. Councilman Malcolm did not like that the terms of office were all for four years and they would all leave all at once. He thought they should draw lots, three of them should be for four years and two should be for two years. Then when the two appointments came back, go through the normal process at that time and allow the noticing, but tell the EDC what was being done and why. The EDC had gone too far to just stop everything. Councilman Moore thought that in the future all ex-officio positions should be brought forth through the routine system as if they were regular applications and the regular process followed. VOTE ON SUBSTITUTE MOTION: approved 4-1 with Mayor Nader opposed. MSUC (Nader/Honon) direct staff to return with an ordinance amendment that would provide staggered terms for the ex-officio members. ACTION ITEMS None submitted. ITEMS pUI.I.I~I3 FROM THE CONSENT CAI.F. NDAR Items pulled: 6.A, 6.B, 9.A, 9. B, 10 and 12, The minutes will reflect the published agenda order. OTHER BUSINESS 17. CITY MANAGER'S REPORT(S) · City Manager Goss reminded Council there would be a joint meeting for Otay Ranch of the City Council and County Board of Supervisors on 9X24\92 from 3:00 p.m. to 5:00 p.m. at the County Administration Center and on 9/30/92 from 9:00 a.m. to noon in Council Chambers. He stated the joint meeting scheduled for 11/4/92 would be from 10:00 a.m. (instead of 9:00 a.m) to 1:00 p.m. at the County Administration Center. Because Tuesday, 9/29/92, was the fifth Tuesday of the month, there would be no Counc~ meeting. The next Council meeting would be on 10/6/92. · City Manager Goss stated that Council had been provided an information item explaining the new schedule of Council packet distribution whereby the packet would be delivered on Thursday starting with the 10/13/92 agenda. Minutes September 22, 1992 18. MAYORS REPORTfS) ® Mayor Nader stated there was really nothing to report on the distribution of Port District reserves. There was a meeting earlier in the week of the mayors or their representatives and the city managers of the five port cities. He did not characterize any progress having been made, He did characterize it as a meeting where the various cities put their concerns on the table and staked out some negotiating positions. The City of San Diego had an agreement for all to sign but no one did. It was basically the proposal they had already heard which he found to be unacceptable and inconsistent with the position of Council. The City of San Diego was taking the position that the capital improvement projects to be paid for by the Port would in no way be jeopardized by their proposal for revenue distribution. They were also taking the position that there was $140 million of uncommitted reserves available in the Port. He brought up at that meeting that the San Diego City Council had on its agenda a request to get underway a convention center expansion to be paid for by the Port. City staff conservatively estimated that at $25 million. Mr. Goss and he found out later that it was $100 million and he heard some estimates go as high as $200 million, bur $100 million was the best estimate they heard from Port staff. He thought the position of Council to date was a sound one and if anything happened in the negotiations to change his perception he would certainly submit any new positions presented by any of the cities to Council and keep them informed of those. · Mayor Nader had been given to understand that the American Legion building would be returning to Council. He asked when the item would be before Council. Sid Morris, Assistant City Manager, responded that he did not know the exact date the item would return to Council but possibly staff could provide an information item to Council to let them know. 19. COUNCIL COMiMENTS Councilman Moore · Councilman Moore reminded those watching that the Chula Vista Harbor Days on Saturday started at 10:00 a.m. The primary access would be 'J" Street to Chula Vista Harbor. Councilwoman Horton · Councilwoman Horton stated that the Bonitafest would also be held on Saturday starting at 9:00 a.m., with the parade starting at 9:30 a.m. Councilman Rindone · Councilman Rindone stated that the transit meeting for the public was scheduled for October 5, 1992 at 2:15 p.m. and notices should be sent out as soon as possible if they had not already been sent. · Councilman Rindone asked staff when the report on the use of city vehicles would come back to Council for review. City Manager Goss stated that it was almost completed so it should be before Council in the next few weeks. Councilman Rindone asked that Council receive an information item the following week as to when they could anticipate the report. Minutes September 22, 1992 Page 15 ADJOURNMENT The City Council recessed at 9:12 p.m, and met in closed session at 9:21 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9(a) - Set~ement of Otay Valley Lawsuit o Siroonian vs. City of Chula Vista. Adjourned at 10:05 p.m. to a joint meeting of the City Council/County Board of Supervisors on Thursday, September 24, 1992 at 3:00 p.m. at the County Administration Center, thence to a joint meeting of the City Council/County Board of Supervisors on Wednesday, September 30, 1992 at 9:00 a.m. in the City Council Chambers, thence to the Regular City Council Meeting on October 6, 1992 at 4:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopmerit Agency was convened at 9:13 p.m. and adjourned at 9:16 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: ~ ' Ca stra