HomeMy WebLinkAboutcc min 1992/11/17 MINUTES OF A REGULAR MEETING OF THE
CrlY OF CHUIA VISTA
Tuesday, November 17, 1992 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CAIL:
PRESENT: Councilmembers Horton, Malcolm, Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PI.RI'~GE OF AIJ.KGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINIfrES: September 10, 1992 (Special Joint Meeting of the Council/Library
Board of Trustees), October 13, 1992, October 27, 1992, November
3, 1992, and November 9, 1992.
%h~tlC (Rindone/Moore) to approve the minutes of September 10, 1992, October 13, 1992, October 27,
1992, November 3, 1992 and November 9, 1992 as submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Raymond L. Bernier - Design Review Committee; John Moot and Frank Tarantino -
Planning Commission. Oath of Office was administered by City Clerk Authelet to Raymond L. Bernlet and
John Moot.
CONSENT CALENDAR
(Items pulled: 6, 7, 9, and 10)
BALANCE OF THE CONSENT CAT.RNDAR OFFFRED BY MAYOR NADER, reading of the text was waived,
passed and approved unanimously.
S. I~'RI'I'I'KN COMMUNICATIONS:
a. A letter requesting adoption of a resolution supporting an end to unfunded federal impact of existing
federal mandates on the City's jurisdiction - Gary k Condit, Member of Congress, Congress of the United
So:ires, House of Representatives, 1529 Longworth Building, Washington, D.C. 20515-0515. It is
recommended that staff correspond with Congressman Condit advising him of the City's ongoing support.
6. ORDINANCE 2534 ADDING CHAPTER 17.11A TO THE MUNICIPAL CODE BRt ATING TO THE
MITIGATION OF THE IMPACT OF LEGISLATIVE ACTIONS ON SCHOOL FACILITIES (first reading) - The
purpose of this ordinance is to assist the Chula Vista Elementary and Sweetwater Union High School
Districts in achieving full mitigation for impacts on school facilities. The circumstance would be when a
residential development requires a legislative action by the City. Staff recommends Council place the
ordinance on first reading. (Deputy City Manager Krempl) Pulled from the Consent Calendar.
Minutes
November 17, 1992
Page 2
.)
City Manager Goss stated there was a proposed section which would state: 'The school districts have the
responsibility for exploring all alternate funding mechanisms for new school construction, including State
funds. When obtained, the Districts should attempt to apply such funds to reduce the need for assessment
districts or development fees imposed on new development'. The section would become Section
17. 11A. O40A - Responsibilities.
Councilman Moore felt the districes tint duty was to get funding from their own system and, when all else
failed, the City would work with them. That would be the second step in good faith.
Mayor Nader questioned whether the ordinance was intended to implement the Fairfield model and whether
the legislation the State was adopting would allow the City that option; or would Council need to act in time
for it to take effect by January 1st.
George Krempl, Deputy City Manager, responded that additional action would be required. The Fairfield
model was still under study by staff and the school districts. He did not know how the Fairfield ordinance
would be affected by the legislation.
Mayor Nader questioned whether staff had considered some applicability to non-residential development with
differences in the way the two were treated, i.e. non-residential development had strict timelines in which
the district would work something out or it would go forward as per normal City processes. He would also
want to see the ab~ity to implement the type of model that was done with Rob/s last permit in which that
type of mitigation for schools could be traded away, at least to some extent, in return for commitments to
hire locally.
Mr. Krempl responded that the study staff had undertaken with the school district included an analysis and
quantification of what the impact of non-residential projects would be on school facilities. There was a lack
or data and/or disagreement over the impact of non.residential projects. The problem would be determining
how the ordinance would be structured and applied.
Mayor Nader suggested a clause that would require Council to hold a public hearing, by a particular time,
to review the operation of the ordinance. At that time Council could sunset the ordinance or modify it as
appropriate.
MSUC (Nader/Moore) to amend the ordinance to provide that not later than twenty months after the
effective date of the ordinance a public hearing be hdd to review the operation of the ordinance and to
consider whether it should be extended, repealed, or modified.
Councilman Malcolm was concerned as to what the City of San Diego, County of San Diego, and City of
National City were doing. They needed to adopt the same type of ordinance so the citizens of Chula Vista
could quit carrying the fees for the rest of the Southbay.
Andy Campbell stated the District was in the process of submitting the same type of ordinance to the City
of San Diego and all the other agencies prior to the end of the year.
ORDINANCE 2534, AS AMENDED, pLAten ON FIRST READING BY COUNCILMAN MALCOLM, reading of
the text was waived.
City Attorney Boogaard advised Councilman Rindone that his income as an employee of the district did not
constitute a source of income under the Fair Political Practices Act to prohibit him from participating in the ~
decision as a City Councilperson. '.~
Minutes
November 17, 1992
Page 3
VOTE ON MOTION: approved unanimously.
MSUC (Nader/Moore) to direct staff and file City ARomey to look at whether file implementation of file
Fairfield model under consideration would be impacted by the State legislation fixat was recen~y passed.
If it would, staff should come back to Council in time for an ordinance to take effect before the State
legislation did to consider implementing that approach and that as part of that, any applicab~ity to non-
residential development would offer either a fast track or an exemption to a non-residential development
that agreed to hire locally.
7. RESOLUTION 16887 AMENDING THE FISCAL YEAR 1992-93 BUDGET - On 9/8/92, Council
approved a recommendation to implement City-wide cuts of $755,505. During the discussion, Council
separated several issues from the proposed cuts and requested that staff provide additional information on
these issues. Staff recommends approval of the resolution. (Administration) 4/Sth's vote required.
Continued from the meeting of 11/10/92. Pulled from the Consent Calendar.
Mayor Nader stated there was a mathematical error in the resolution. Two percent of the Council budget
was $6,370.
RESOLUTION 16887, AS AMENDED, OFFERED BY COUNCILMAN MALCOLM, reading of the ten was
waived, passed and approved unanimously.
**** The City Council met as a Joint Council/Redevelopment Agency to discuss file followir~.
8. COUNCIL
RESOLUTION 16875 APPROVING THE FIRST ~AL OF AG!~RMF~iT AS FIRST AMENDED
WITH ADVO CAT[ ON, INC. FOR THE 1993-94 LEGISLATIVE SESSI ON, AND ALrI'HORIZING THE MAYOR TO
EXECLrFE SAID AGBRRMENT ON BEHALF OF THE CrlY - On 12/31/92, the current agreement with
Advocation, Inc. expires. The agreement provides for two two-year extensions to coincide with the state
legislative sessions, and Advocation has formally requested that the existing agreement be extended.
Advocation has been highly instrumental in the success of the City's lobbying efforts at the state level on
various issues including redevelopment and state budget legislation. Staff recommends approval of the
resolutions. (Administration)
AGENCY
RESOLUTION 1285 APPROVING THE FIRST RENEWAL OF AGI~RRMENT AS FIRST AMENDED
WITH ADVO CATION, INC. FOR THE 1993-94 LEGISLATIVE SESSION, AND AUTHORIZING THE CHAIRMAN
TO EXECUTE SAID AGBRRMENT ON BEHALF OF THE REDEVELOPMENT AGENCY
**** The Joint City Council/Redeveopment Agency meeting adjourned to the regular City Council meeting.
9.A. RESOLLrrlON 16889 ESTABLISHING INCREASES IN SALARY AND FRINGE BENEFITS FOR
UNCLASSIFIED PART-TIME, UNREPRESI, MIDDLE MANAGEMENT, AND EXECI.rrlVE MANAGEMENT,
AND REVISING THE EXECUTIVE SALARY BANDS - At the 11/10/92 meeting, directions to negotiators were
provided during closed session. This resolution amends the budget to provide for file recommended
increases in salary and benefit levels for Unclassi~ed Part-Time, Unrepresented, Middle and Executive
Managers and the Council. Staff recommends approval of the resolutions. (City Manager) Pulled from the
Consent Calendar.
Minutes
November 17, 1992
Page 4
B. RESOLUTION 16890 REVISINGTHEPOLICYREGARDINGFLEXIBLEBENEFITSpLANSFORTHE
MAYOR AND CITY COUN(2L AND RESCINDING RESOLUT[ON NUMBER 11875
C. RESOLUTION 16894 AMENDING FISCAL YEAR 1992-93 BUDGET AND PROVIDING FOR THE
APPROPRIATION OF FUNDS FOR SALARY AND FRINGE BENF~'IT INCREASES - 4/5th's vote required.
RESOLUTIONS 16889, 16890, AND 16894 OFFERED BY COUNCILMAN MALCOLM, reading of the ten was
Mayor Nader stated he wanted to separate the votes. There had been some confusion regarding the pay
freeze recommended in his State of the City Address; he had intended that it apply to management positions
and elected officials. It would not apply to unclassi~ed or non-union employees. He stated that Council had
met in closed session and if the only basis for meeting in closed session was to provide directions to
negotiators, and if in fact nothing was being negotiated, then Council should not be meeting on it in closed
session. It was his understanding Council was operating under an exception that applied to any
consideration of compensation of personnel. If the exception was narrower than that he would like the City
Attorney, some time before next year, to advise the Council.
City Manager Goss stated that of the four groups that were not represented by a formally organized group,
the largest was the middle-managers. They were organized to the extent that they had an employee
committee and he did have discussions with them before last Tuesday's meeting as well as afterwards.
Councilman Rindone stated the last action by Council in closed session was a unanimous motion to docket
the item. It was passed 5-0 and all actions taken by Council were to have been reported. He was disturbed
that the item before them did not reflect the action taken. It had been specific direction given by Council
and it was not followed by staff. He requested that staff be attentative in the future to ensure that it did
not happen again.
SUI~'ITIIJTE MOTION: (Rindone/Nader) to table the item for one week to allow the comm~mity an
opportunity to discuss the information.
Councilman Malcolm stated he was disturbed that Council was reviewing the item all over again. The raises
were not being handled any differently than it had been for the Fire Department, Police Department, and
unions. The City had large budget surpluses for the last six to seven years.
Mayor Nader stated the budget surplus was due to an infusion of several one-time gains to City revenue.
Council had discussed increases that would not become part of the salary base and he felt that was amply
justified, i.e. merit bonuses to people involved in producing the surpluses.
Councilman Rindone stated his concern was the public awareness of the item. He had not anticipated that
the information would not be released as directed by Council. His intent was to ensure that it did not
happen again.
Councilman Moore stated Council had met in closed session to discuss salary negotiations but they were
going about it differently than in the past. Council was not being advised or negotiating because the unions
had already received their raises due to a multi-year contract. It had drifted from advising negotiators to
a motion to negotiate. He felt Council had violated the Brown Act.
City Attorney Boogaard objected and stated he had supervised closed session very closely and the observed
motions to instruct the negotiators to negotiate and in his opinion no violation of the Brown Act occurred.
Council was fully authorized in closed session to do exactly what had been done, i.e. instruct Mr. Goss to
Minutes
November 17, 1992
Page S
negotiate recommended salary increases. That was what the Brown Act allowed Council to do, that was
what the minutes reflected .Council did, and that was what his observations were. Council was entitled by
unanimous vote to disclose the context of closed session and it was a unanimous vote to do so.
Councilman Malcolm read th~ motions from the closed session into the record:
· Motion: Moved by Malcolm, seconded by Nader and approved 4-1 (Rindone no) to authorize the
negotiators to negotiate a 3% salary adjustment effective January 1, 1993 for Part-time employees.
· Motion: Moved by Moore, seconded by Malcolm and approved 5-0 to authorize the negotiators to
negotiate the same salary increase as CVEA and a $265 increase in Flex Plan with the 14
Unrepresented employees.
· Motion: Moved by Malcolm, seconded by Rindone (for discussion purposes) and approved 3-2
(Nader and Rindone no) to authorize the negotiators to negotiate a 5% increase in salary effective
January 1, 1993 and a $200 Flex Plan adjustment with the 78 Mid-Managers.
· Motion: Moved by Rindone, seconded by Nader (for discussion purposes) and approved 3-2 (Nader
and Malcolm no) to authorize the negotiators to negotiate a 5% salary increase effective January
1, 1993 for Assistant Department Directors, Revenue Manager, and Budget Manager.
· Motion: Moved by Malcolm, seconded by Moore and approved 3-2 (Nader and Rindone no) to
authorize the negotiators to negotiate up to a 2.5% merit increase for the remaining Executive
Manager's group to be effective January 1, 1993.
® Motion: Moved by Nader, seconded by Malcolm and approved 5-0 to authorize the negotiators to
negotiate a $140 increase in the Flex Plan for all Executive Managers.
· Motion: Moved by Rindone, seconded by Malcolm and approved 5-0 to docket the item for the next
Council meeting and to report alI actions taken in Closed Session.
AMENDMENT TO SUBSTITUTE MOTION: (Nader/Rjndone) to table the Executive-Management and Mid-
Management raises.
Mayor Nader stated he would vote yes on the motion, He noted there was a large number of executive
management and middle-management salaries not listed, He would be interested in maybe formulating a
compromise position but he would need more information.
Councilman Rindone stated there had been a discussion on the potential impact on the salary bands and
the motion would a11ow time for that to be worked out, The issue was not competency or achievement of
the employees. Council was trying to determine where they wanted to go in light of the possibilities of fiscal
constraints in the future.
VOTE ON ~JBS'I'I'I'LVr'E MOTION AS AMENDED: failed 2-3 with Malcolm, Moore and Hor~on opposed.
RESOLUTION 16889-1, UNCLASSIFIED PART-TIME, OFFERED BY MAYOR NADER, reading of the text was
waived.
Councilman Rindone stated he would vote no because that was the group that made the least and did not
have fringe benefits. He favored a raise but not at a 3% level but at a 5% level.
VOTE ON RESOLUTION 16889-1: approved 4-1 with Rindone opposed.
Minutes
November 17, 1992
Page 6
RESOLUTION 16889-2, UNREPRESENTED, OFp'I~IhqA) BY MAYOR NADER, reading of the text was waived,
passed and approved unanimously.
RESOLUTION 16889-3, MIDDLE-MANAGEMENT, OI-I-v. RED BY COUNCILMAN MALCOLM, reading of the
text was waived.
SUBSTITO/E MOTION: (Nader} to authorize the sanae mount required to hnpleanent the resolution to be
made available, rather than an across the board increase, for merit increases that would not be incorporated
into the salary base for Middie-Management and that the City Manager would report those to the Council.
They would lake effect two weeks after being reported, unless there was a request by Council to review the
proposal. The review, if requested, would take place in dosed session.
Councilman Malcolm stated that the City Manager needed the authority to give the raises.
Mayor Nader agreed with Councilman Malcolm but stated that if everyone earned exactly the same
percentage as a merit increase it would come up when the City Manager was evaluated. The intent was to
adjust the salaries of those that were underpaid and reward unusually outstanding or beneficial performance.
AblF2qD~ TO SLrBSTI-I-UTE MOTION: (Nader) to give the City Manager authority to determine the
merit increases with a report back to Council. Motion died for lack of second.
Councilman Rindone felt it was a creative opportunity for upper management. Since all the other employees
received 5% and the salary bands for the Mid-Managers were much more narrow than the Executive- '
Managers it should be referred to staff for consideration in more fiscally prudent times next year. He was .)
ready to move on with the actions taken in closed session but staff should take note that the concept could
be an option to look at more seriously next year.
VOTE ON RESOLUTION 16889-3: approved 3-2 with Nader and Rindone opposed.
~LLVHON 168894, ASSISTANT DEPARTMENT HEADS, SPECIAL PROJECTS MANAGER, REVENUE
MANAGER, BUDGET MANAGER, OFFERED BY COUNCILMAN MALCOLM, reading of the ten was waived.
Mayor Nader stated he was interested in looking at an alternative, i.e. a proposal that would provide for
merit increases as opposed to across the board increases.
VOTE ON RESOLUTION 168894: approved 4-1 with Nader opposed.
RESOLUTION 16889-5, EXECLITIVE-1VIANAGEMENT, OFFERED BY COUNCILMAN MALCOLM, reading of the
text was waived.
Councilman Rindone stated some members felt the raises should be zero and some felt it should be 5%. The
2 1/2% had been a compromise supported by all the Council but there was a disagreement as to whether
it should be on or off schedule.
VOTE ON RESOLLrHON 16889-5: approved 3-2 with Nader and Rindone opposed.
~LIrHON 16894 OI.I, ILRED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and
approved 4-1 with Nader opposed.
RESOLUTION 16890 OI'I'Ic~ED BY COUNCILWOMAN HORTON, reading of the text was waived, passed and .
approved unanimously.
Minutes
November 17, 1992
Page 7
MSUC (Rindone/Nadex) staff consider the possfo~ity of' off schedule · or *bonus plan" in lieu of "on ~r, hedule"
or 'in the principal salar~ ff the City was in fiscally prudent times which would offer an oppommity for
employees to receive an incentive and possible pay raise. It was not a direction that it must be done that
way, but an option for staff to explore.
10. RESOLUTION 16891 A REVISED SIXTEENTH AMENDMENT TO THE AGI~F-RMF_/qT BETWEEN
THE t21Y AND THE SAN DIEGO UNIFIED PORT DlsrHICT FOR GROUNDS AND COMFORT STATION
MAINTF2a/aqCE AT THE "Y STREET MARINA BAYSIDE PARK AND ADJACENT LANDSCAPE MEDIANS - On
1/28/92, Council authorized the 15th amendment to an agreement with the San Diego Unified Port District
for grounds and comfort station maintenance at "J" Street Marina, Bayside Park, and the landscape medians
on Tidelands during fiscal year 1991-92. On 6/23/92, Council approved the 16th amendment to the original
agreement. However, final adjustments to the maintenance budget have revised the budget amounts
approved on 6/23/92. Staff recommends approval of the resolution. (Director of Parks & Recreation)
Pulled from the Consent Calendar.
Councilman Rindone requested that in the future the Fiscal Impact include the monetary difference.
RESOLUTION 16891 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and
approved unanimously.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND I~F. IATED RESOLUTIONS AND ORDINANcF_q
None submitted.
ORAL COMMUNICATIONS
Sandy C. Clark, 1180 Hunte Parkway, Chul a Vista, CA, representing EastLake Country Club, stated they were
the only golf course required to use reclaimed water without a back-up for potable water and requested that
the City work with them immediately to help alleviate the severe problem of leaching the salts from the
greens. The problem was with the greens which was approximately three acres of the 120 total acres.
Mayor Nader stated that due to the cyclical drought and no guarantee of adequate water there was a need
to avoid unnecessary uses of potable water but he did not want to see the golf course go downhill either.
He felt the problem should be referred to the Water District for their input.
MSC (Rindoneftqader) to refer the problem to the Water District for a response. Appruved 4-0-1 with
Malcolm absent. The item is to be placed on the aganda when a response was received.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
11. RESOLUTION 16892 AUTHORIZING THE PURCHASE OF 1,575 b"rREETLIGHTS FOR $351,225
FROM SAN DIEGO GAS & F.I .~CTRI C COMPANY, APPROPRIATING $253 fi~25 FROM THE UNAPPROPRIATED
BALANCE OF THE GAS TAX FUND TO CAPITAL IMPROVEMENT PROJECT TF- 124, AND AUTHORIZING THE
Minutes
November 17, 1992
Page 8
MAYOR TO F~IECUTE SKID AGRRRMF2qT - The report represents the culmination of negotiations with San
Diego Gas & Electric (SDG&E) for the acquisition of 1,575 utility-owned streetlights. It provides Council
with the back oundregardingtheprocessforthesenegotiationsaswellasadiscussionofthecosr/bene~t
related to sta~rrcecommendation for the purchase and operation of a City-owned streeflight system. Staff
recommends approval of the resolution and acceptance of the report. (Administration) 4/Sth's vote
RF. aK)RT OLrFLINING THE AGRRRMENT FOR THE ACQUIflTION OF 1,575 S/h~l
DIEGO GAS & RI.EC:TRIC OWNED b-i-REETUGHTS
Councilman Moore requested an explanation of the range of savings.
Sid Morris, Assistant City Manager, responded that the savings were contingent upon whether additional
staff was hired to maintain the llghts. It was staffs intent to retain existing staff and not hire additional staff
which would allow the maximum savings per year.
Councilwoman Morton questioned why the Chula Vista contract was different than the San Diego contract.
Mr. Morris responded that it was preferable to not have the fees included and they were negotiated out of
the contract.
RESOLUTION 16892 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved unanlmous]y.
12. RESOLLrrION 16893 INCREASING THE MAYOR AND COUNCILMEERS' SALARIES - In 1988,
the People of Chula Vista adopted a Charter Amendment which provided that the Mayor's salary should be
$37,200 per year; that the Council salaries shall be set at 40% of the Mayor's salary; and, provided a
mechanism to permit annual increases in salaries in the amount of that year's Consumer's Price Increase.
Staff recommends approval of the resolution. (City Attorney)
MOTION: {Nader) to defer Resolution 16893 for three months with a report back from staff on the status
of the City and State budgets at that time. Motion died for lack of second.
Councilman Malcolm stated that government shouldn't be afraid to take a raise if they had done a good job.
The City had a large excess and would be receiving several million dollars next year from the auto park; if
the power center was to be approved it would add additional revenues. He felt Council had a great story
to tell and that the citizens would support a raise if Council continued to do a good job.
RESOLUTION 16893 OP'I-'ERED BY COUNCILMAN MALCOLM, reading of the text was waived.
Councilman Kindone stated Councilman Malcolm had presented an excellent case and concurred that the
City was well run and staff was doing an excellent job. He felt leadership needed to send a signal that they
were ready to tighten their belts. It was his understanding that the State cuts would be more extensive next
year, if they weren't, Council would have the opportunity to compensate the employees next year as well
as Council. He would vote no on the motion.
Councilwoman Horton stated she would vote in favor of the motion. She noted that last year Councilman
Kindone had stated that the Mayor's salary was not high enough to draw quality leadership and she felt that
was important. She would donate her increase to charity.
Minutes
November 17, 1992
Page 9
Councilman Moore felt the Council shouldn't be embarrassed to increase their salaries if they had done a
good job. He stated he would entertain a motion to have Council decline all salaries and work for free.
Mayor/Council raises were put on the ballot two years ago and the people voted for a CPI raise and he
assumed that they expected Council to take it unless they hadn't earned it.
Mayor Nader stated that the main point of disagreement was the perception of the item. Whether they
earned it or deserved it was not the issue, the economy was the issue. He felt Council needed to set an
example and show leadership. There would be more painful budget cuts in the future and he would rather
not be in the position of asking employees and citizens to make sacrifices if the Council received raises. If
the increases were approved it was his intent to donate the increase to the Police Department Activities
League. His no vote was not a reflection of what he felt he or the Council deserved, but an example of
leadership.
VOTE ON MOTION: Approved 3-2 with Nader and Rindone opposed.
13. REPORT MAJOR USE PERMIT MODIFICATION FOR DALEY QUARRY PROJECT -
Daley Corporation is proposing a modification of its Major Use Permit with the County for expansion of an
existing quarry operation located at the east end of Otay Lakes. Staff recommends that it be directed to
request a continuance of the County Planning Commission hearing on the matter. (Director of Planning)
Ken Lee, Assistant Planning Director, updated Council on staffs meeting with Mr. Daley and his
representatives and reviewed the proposed five conditions.
Mayor Nader stated he was under the impression that the City would be requesting a continuance of the
County Planning Commission so the City could further plan their position. Even with the conditions, he was
at a loss as to why the City would support the project. It was his understanding that the project would be
located at the end of what was proposed as a wildlife corridor for mitigation of the Otay Ranch Project. He
did not feel the conditions would fully mitigate the impacts and that the City may want to take a position
in opposition to the project unless convinced the impacts could be fully mitigated.
Councilwoman Horton stated staff had questioned the sttucmral integrity of the roads and questioned
whether the $15,000/year for fifteen years was sufficient.
Cliff Swanson, City Engineer/Assistant Public Works Director, stated that staff felt the amount recommended
would solve the maintenance problems.
Councilman Malcolm felt staff had done a good job. No one wanted the project in or near Chula Vista but
the problem was that if the City took that position they would not get any mitigation. The City needed to
ask for reasonable conditions on the project.
Mr. Lee stated the reason staff wanted Council to consider the conditions was because they did not know
if the County would honor the recommendation for continuation. If the County should decide to take action
staff felt they should offer minimum conditions.
Councilman Moore questioned what the legal procedure was for Chula Vista regarding a project that was
proposed in the County.
City Attorney Boogaard responded that if Council wished to discuss litigation it should be in closed session.
CEQA would be the argument used to mitigate impacts and it was legitimate for one city to claim that extra
territorial projects were creating interior impacts to the circulation system. The problem was that they had
to be adequately analyzed and mitigated, and if not, a Statement of Overriding Considerations would have
to be adopted by the lead agency.
Minutes
November 17, 1992
Page 10
MS (Nade~/Moore) 1 ) authorize staff to request a continuance to allow for further analysis of impacts upon
Chula ~r~sta and of mitigation measures; 2) ff a continuance is not granted, oppose the project; and 3) ff a
continuance is granted, continue to analyze the potential mitigation measures, if any, fixat would address
the environmental impacts of the project and to report back to Counc~.
Councfiman Moore questioned why litigation was being stressed at this point.
Mayor Nader stated the motion was not intended to auLhorize litigation. It authorized staff to request a
continuance and if not, authorized staff to oppose the project at the hearing. If the continuance was denied
the Council would need to take the next step which would be to authorize an administrative appeal to the
Board of Supervisors, He didn't want to assume that the City needed to file litigation and expected staff to
come back to Council for further direction if all avenues of redress through the County were exhausted.
VOTE ON MOTION: approved 4-O-1 with Malcolm absent
Mayor Nader stated staff needed to consider not only direct traffic impact on existing streets but also the
impacts on the Otay Ranch Project.
ITEMS PUIJ.Er~ FROM THE CONSENT CALENDAR
Items pulled: 6, 7, 9, and 10. The minutes will reflect the published agenda order.
OTHER BUSI~
14. CITY MANAGERS REPORT(S)
a. City Manager Goss expressed his appreciation for comments by Councfi on the overall staff. It was
his sense that there was overall unanimous support for staff, the job they were doing, and the services being
provided to the community.
b. City Manager Goss introduced Representative Chuck Cole.
c. Scheduling of meetings. City Manager Goss informed Councfi there would be a Joint Meeting with
the County Board of Supervisors on the Otay Ranch Project on 11/18/92 at 9:00 a.m. He would not be
attending the meeting as he had jury duty. The regular Council tour was scheduled on 12/5/92. He had
been notified that one Councilmember would not be able to attend.
Councilwoman Horton stated she would not be able to attend the tour.
MS (Moore/Horton) to cancel the tour and reschedule for January or February. Approved 3-2 with Malcolm
and Rindone opposed.
City Manager Goss informed Council that the Energy Commission would be having a public workshop on
December 10th at 10:00 a.m. and 7:00 p.m. in the Library Auditorium on the proposed repowering project
of the Southbay Power Plant. Staff would be attending the hearings.
d. Funding for Olympic Training Center. The U.S. Olympic Committee had not taken action to take
over the project which was key for ifs ongoing operation. The priorities for the local commitree in pursuing
the Olympic Training Center were: 1) to have the City exercise leadership in assisting them in fundraising;
2) need of gap financing to bring the project out of the ground; 3) license plate sales; and 4) at the
appropriate time, have direct correspondence from the City of Chula Vista to the U.S. Olympic Committee.
Staff discussed a possible referral of fees, sewer and development impact, for a period of 2-3 years and also
Minutes
November 17, 1992
Page 11
a possible loan from the City of $3-4 million that would help OTC to get over the hump. Staff would come
back with specific proposals on how the bridge financing could be accomplished with sufficient guarantees
to the City. The initiative the City was taking was very appropriate and the Boardmembers locally were very
encouraged, touched and moved.
Councilman Moore questioned why National City could not be enticed to sell Olympic license plates or even
make it county-wide.
Mayor Nader stated that the City of Chula Vista would be opening an auto park within a year and felt the
City could strongly encourage them to participate in that type of a program. He also felt the deferral of fees
could be paid back as other grant monies and license plate monies became available.
Councilman Malcolm stated that the City needed to become more aware of the Olympic Training Center,
take the press out to make them more aware, etc. Every Tuesday night there needed to be a public
announcement regarding U.S. Olympic license plates.
Councilwoman Horton stated that the public should also be made aware of how they could receive a U.S.
Olympic license plate.
Mayor Nader suggested that a message be carried on the cable broadcast each Wednesday night reminding
people of the benefit of buying an Olympic plate and telling them how to do it.
e. City Manager Goss informed Council that the cities of Coronado and National City had contacted
the City of Chula Vista regarding an emergency contract for parking citation processing services. It would
be to the City's economic advantage to proceed and there was also a possibility that Encinitas, Econdido, and
Solana Beach were also interested in the services.
15. MAYOR'S REPORTfS)
a. Ratification of appointment: Adrien M. Myers - Resource Conservation Commission.
MSUC CNader/Moore) to ratify the appointment of Adrien M. Myers to the Resource Conservation
Commitinn.
b. Mayor Nader stated he had been one of seven Mayors from the western United States that had been
selected to attend the Mayor's City Design Institute which was paid for by the federal government. Each
Mayor presented a design issue that they would be facing and then the design experts offered their advice.
The issue he presented was the Mid-Bayffont plan and he would be making a more detailed report to the
Council in the future.
16. COIJNC]L COMMENTS
Councilman Rindone
· Street striping Telegraph Canyon Road/I-805 Intersection. Councilman Rindone expressed his
concern regarding the street striping on Telegraph Canyon Road/I-805 and requested a written report.
Clifford Swanson, City Engineer/Deputy Public Works Director, informed Council that the area was under
the jurisdiction of CalTrans. Staff had been trying to get them to revise the striping. It may be a short term
solution because the next phase of widening would put in one more through lane to receive the off-bound
ramp from the fleeway.
Minutes
November 17, 1992
Page 12
MSUC CKindone/Moore} to authorize staff to send a letter to CalTrans requesting immediate reslriping due
to the safety considerations until a long term solution was resolved.
Councilman Moore suggested that the correspondence be followed up with a telephone call.
Councilwoman Horton:
· Councilwoman Horton stated she had artended a live theater production of the Matador at
Southwestern College and rated it very comparable to what she had seen in New York City Off-Broadway.
AEKIOURNMENT
The City Council met in a closed session at 9:00 p.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9(a) - Settlement of Otay Valley
Lawsuit - Siroonian vs. City of Chula Vista.
ADJOURNMENT AT 9:30 P.M. to a joint meeting of the City Council/County Board of Supervisors on
Wednesday, November 18, 1992 at 9:00 a.m. at the County Administration Center, thence to a joint meeting
of the City CounciL/County Board of Supervisors on Tuesday, November 24, 1992 at 1:00 p.m. in the City
Council Chambers and thence to the Regular City Council Meeting on November 24, 1992 at 6:00 p.m. in
the City Council Chambers.
Respectfully submitted,
BEVERLY A, AUTHELET, CMC, City Clerk
by: ViXi C Soder~'Uii; Deputi,~' Clerk