HomeMy WebLinkAboutcc min 1992/12/08 MINUTF~ OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, December 8, 1992 Council Chambers
6:10 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 Beverly
A. Authelet, City Clerk
2. PLEDGE OF AIJ.RGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF Mll: November 17, 1992 and November 30, 1992.
MSC {Moore/Malcolm) to approve the minutes of November 17o 1992 {approved 5-0) and November 30°
1992 (approved 4-0-0-1 with Mayor Nader abstaining due to his absence at the meeting} as presented.
4. SPECIAL ORDERS OF THE DAY:
a. RESOLUTION 16913 RECITING THE FACT OF THE GENERAL MUNICIPAL RI.RCTION HRIB ON
NOVEMBER 3, 1992, DECLARING THE RESULT AND SUCH OTHER MAi-i'~IS AS PROVIDED BY LAW - A
General Municipal Election was held on 11/3/92. P, esults of the election have been certified to us by the
County Registrar of Voters. Council must approve by resolution the results of that election. Staff
recommends approval of the resolution. (City Clerk)
~LUTION 16913 OFFERED BY MAYOR NADER, reading of the ten was waived, passed and approved
unanimously.
b. Presentation to Mayor Pro Tern - Mayor Nader presented Mayor Pro Tern Malcolm with a pen set
in appreciation of his service to the City.
c. A special presentation of a check for $625,000 was made to the Council by Lee Haney, Vice
President of SDG&E. The revenues were in return for the work the City did in allowing SDG&E to issue
$250,000,000 of industrial development bonds.
d. Comments by Councilman Malcolm. Councilman Malcolm asked all staff members to come forward
to be recognized and shared a "Malcolm Moment".
e. Oath of Office for newly eJected City Councilmembers. Oath of Office was administered to Robert
Fox and Shirley Holton by City Clerk Authelet.
f. Comments by newly eJected City Councilmembers. Councilman Fox and Councfiwoman Horton
thanked their colleagues and the public and gave brief comments.
* * * CITY COUNCIL RECESSED 6:53 P.M. FOP, A KECEPTION AND RECONVENED AT 7:28 P.M. * *
ROLL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader
Minutes
December 8, 1992
Page 2
CONSENT CALENDAR
(Items pulled: 6a, 7, 8, and 13)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN MOORE, reading of the text was
waived, passed and approved un~fimously.
5. WRITI'ILN COMMUNICATIONS:
a. Letter requesting adoption of a resolution to establish an uncompermated Veterans Advisory
Cornminion -Robert L. McCauley, 1987 Bucknell St., Chula Vista, CA 91913. It is recommended that this
request be referred to the Human Relations Commission for review and recommendation to the Council.
Continued from the meeting of 11/24/92. Pulled from the Consent Calendar.
Robert McCauley, 1981 Bucknell Street, Chula Vista, CA, representing the Chula Vista American Legion, did
not feel that a referral to the Human Relations Commission was appropriate. He urged Council to form a
Veterans Advisory Commission.
Bill Ayers, 44 E. Mankato Street, Chula Vista, CA, Vice Chair, San Diego County Veterans Advisory Council,
urged Council to establish a Veterans Advisory Commission.
MS (Fox/Nader) to refer the issue to the City Attorney to create the Advisory Committee and return to
Council with the appropriate language to do so within 45 days.
Councilman Moore stated he had a problem with adding more commissions or committees. He felt the
number of established boards/commissions/committees should be reduced. Previous Councils had
established ad hoc committees for one year to see if a commission was needed. That process had worked
very well. He was concerned that an additional commission would require additional staffing.
Mayor Nader stated his f'Lrst reaction had been to support the staff recommendafion but in reviewing the
tasks of the Human Relafions Commission he felt it would be outside their realm. He was somewhat
concerned that there would be enough dedicated people to work on the commission. A commission would
be advisory only with the functions described by ordinance. The formation of an ad hoc committee would
help to form a commission and ou~ine the tasks within 45 days. A sunset clause could be incorporated into
the ordinance when brought back to Council. He would not expect the commission to be heavily staffed,
possibly a secretary, or even a secretary from among the commission.
Councilman Rindone stated he would oppose the motion. It was not the validity of whether the commission
was wanted or needed but there were two issues: 1) the proliferation of committees and a referral which
the Council had not addressed, and 2) the referral would see if there was a need and a description of tasks.
He felt a thorough review needed to be done with defined tasks and duties in order to be meaningful.
Mr. McCauley stated he would not object to the formation of an ad hoc committee.
Councilman Moore stated there was an unwritten policy that the recommendations from the ad hoc
committee would come back to Council within one year.
SUBS'I1TU'TE MOTION: (Nader/Fox) to ereate a Veterans Affairs Ad Hoc Committee; to be appointed and
staffed in the same manner as Charter committees, i.e. five members; City Clerk is insreacted to post a notice
in the same manner as other commissions; and charge the ad hoc committee with the items listed on the
last page of Mr. McCauley's letter and to recommend a program to the Council for dealing with Veterans
affairs and needs on an on-going basis. Include within that a recommendation as to whether it is advisable
to create a permanent Veterans Cow_mission and charge the committee to report back to the Council in less
than one year.
Mr. McCauley stated he did not feel that the Human Relations Commission could make any
recommendations of merit to the Council regarding a Veterans Advisory Commission. It was his
Minutes
December 8, 1992
Page 3
understanding that the ad hoc committee would have the same tenure as a regular commission but for only
one yeaL
VOTE ON MOTION: approved 3-2 with Horton and Rindone opposed.
Councilman Moore stated that letters should be sent over the Mayor's signature to the Fleet Reserve
Association, Veterans of Foreign Wars, American Legion, Retired Officers Association, and othen
recommended by the American Legion.
Mayor Nader directed the Clerk to notify the usual community organizations and in addition the
organizations Councilman Moore listed and other submitted by the American Legion.
6. ORDINANCE 2536 AI4ENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE MTONICIPAL CODE REZONING 2.23 ACRES LOCATED AT THE NORTHEAST QUADRANT
OF 1-805 AND BONITA ROAD TO C-C (second reading and adoption) - The applicant owns the westerly
parcel of the two separate parcels which constitute the property in question. Staff recommends Council
place the ordinance on second reading and adoption and acceptance of the report. (Director of Planning)
Pulled from the Consent Calendar.
City Attorney Boogaard stated Council imposed an additional condition on the project which was
incorporated in a revised resolution on the dias. The applicant had requested language that would allow
them to consummate a lease with their proposed tenant by putting the estimated amount of their
proportionate share of the project into trust with the City or enter into an agreement and bond that
agreement so the City would be assured of getting its proportional share of the project costs. The public
Works Department had proposed a third alternative which would allow the applicant to go ahead with the
proposed lease and the City would still be assured of getting its share of the road widening project.
Clifford Swanson, City Engineer/Deputy Public Works Director, recommended that the developer be required
to undertake the design, obtain the CalTrans permit process, and do the construction of the project.
Occupancy would be held up until the project was advertised, not occupied, with authorization to staff to
return to Council for permission for the developer to occupy if the delay was due to CalTrans. They also
recommended that the development impact fee include both that property and Bonita Road, i.e. the section
in the development impact fee ordinance. Staff anticipated bringing back the development impact fee in
late February and the financing at that point would be assured. CalTrans had agreed to do everything they
could to move the project forward and as long as the project was under maximum guidelines it would only
be a permit process.
3ames Milch, 501 W. Broadway, #1780, San Diego, CA, representing Robinson-Pacific, felt the language
presented by the City Attorney, Alternative B, would fulfill the concerns by Council and included a
reasonable good faith effort by the client. They would put up a bond for their share of the work. Under
the first or third alternative they would lose their tenant. He urged Council to place the ordinance on
second reading and incorporate the Alternative B by the City Attorney.
Mayor Nader questioned whether Mr. Milch was referring to the double underlined version of the resolution.
He suggested that the phrase "at the City's option" be struck from the resolution. It would then read "either
A or B".
Mr. Milch responded that would be acceptable.
City Attorney Boogaard proposed, as an alternative, the concept that the project applicant would pay into
the DIF all the DIF fees and the DIF would then widen the roadway. He felt that was what the Public Works'
recommendation attempted to achieve. He questioned whether the recommendation was that the developer
process the application for the road widening construction activity and secure an administrative exemption
from CalTrans.
Minutes
December 8, 1992
Page 4
Mr. Swanson stated that the City Attorney was correct. The purpose was to assure the most expeditious
process for the project.
Mayor Nader stated that if the project was under the control of the developer it would be eminen~y
reasonable but he felt the developer was being held accountable for CalTrans to make a decision. If the City
felt the improvements were needed, the City should be doing everything as one government agency to
another to move those improvements along. The objective with the developer should be that he does
everything within his power to facilitate the completion of the improvements. He had a problem with a
condition of the project where the developer had to obtain CalTrans approval.
City Attorney Boogaard stated the escape value would be that if the occupancy was delayed because of
CalTrans the applicant would have the right to come back to Council and ask to be released from the
restrictions of the occupancy provision.
Mr. Milch stated that the City Attorney's suggestion to work with CalTrans could result in the loss of the
tenant due to the delay.
Mayor Nader stated that if the City required what was outlined by the City Attorney with the addition that
if the project was delayed because of CalTrans, not withstanding a good faith effort, it would not affect
occupancy.
Scott Robinson, 5425 Riggs Road, El Ca/on, CA, developer of the project and Trustee of the Bradley Family
Trust, owners of the property, stated his company would not have a problem in doing the design of the
project on a reimbursable agreement. His concern was the length of time it would take before CalTrans
approved it once they did the improvements. The tenant would not sign a lease unless they were assured
that they would be able to take occupancy in a reasonable amount of time. If the date of occupancy was
unknown, they would not sign the lease.
City Attorney Boogaard suggested an additional provision restricting occupancy as a result of delay by
CalTrans and the developer would have the absolute right to be released from that condition upon providing
a completion bond in the form and amount acceptable to the City at the time they need to take occupancy.
Mr. Robinson responded that would be acceptable. His concern was that it would take approximately 54
weeks before the project could go to bid and that was far beyond the expectation of their anticipated
opening date.
Mr. Milch stated the bond premium was not the problem. Everyone knew that it would be 54 weeks, they
knew that with Council approval they would have the project done and ready to occupy in 26 weeks.
Meanwhile they would be working on the design of the road and working with CalTrans.
Mayor Nader stated the City was fairly sure there would be a substantial delay on the project due to
CalTrans and it was his understanding that the developer would prefer the adoption of the language
requiring the bond so the applicant could be sure of getting the tenant moved in.
MS CNader/Horton) adopt the amendment (double underlined), page 2 of the City Artome/s handout, and
strike 'at the Cites option' under #2.
City Attorney Boogaard suggested the constnint on occupancy be deleted, require the applicant to construct
the entire project, and bond for same. The City would be assured of the road widening project and the
tenant would not be put to any expense because there would be no constraint on the right to occupy. Under
his proposal the developer would front the cost, receive reimbursement from the DIP, and bond.
Mayor Nader stated his understanding ofAJternative B was that tbe applicant would bond and be reimbursed
from the DIF including the staff costs for designing the project.
Minutes
December 8, 1992
Page 5
MOTION: (Nader) add as a condition that the applicant provide an initial design, not anyfixing that would
hold up their occupancy based on delays caused by CalTrans or withholding approval of the design.
Mayor Nader stated the item would be trailed to allow time for the City Attorney to meet with the applicant
regarding an amendment.
City Attorney Boogaard recommended that the proposed Resolution 16901, be readopted with the following
provision on the second page, approval of the specific plan be condifioned in the following manner: 1) The
owne of the property shall make an irrevocable offer of dedication of sufficient lend on the south side of
the property to allow Bonita Road in f~ont of the propexty to be widened by one additional lane along the
standard curb, gutter, sidewalk/parkway improvements. 2) The developer is to prepare a set of road
widening improvement design plans and to prosecute approval through CalTrans and deliver a set of
CalTrans approved plans for the road widening improvement in a form acceptable for congnttion bid
documents as Public Works determines. The City is to cooperate in securing the expedited proceasing of the
plans f~om CalTrans. 3) The DIF is to be mended to include the project in the DIF and the boundarie~ of
the DIF are to be expanded to include the area of the specific plan, or ff they are not amended, the developer
agrees to pay the fees as ff the project had been included and the boundaries expende~L 4) Occupancy shall
be restricted until CalTrans approved plans are delivered in a form required by the agreement or the
devdoper delivers a bond with surety and in a form and mount equal to 125% of the remaining costs to
deliver CalTrans approved plans as the Public Works Director may determine, which bonds shall be rdeased
upon the ddivety of such plans end issuance of the CalTrans road widening permit. 5) The developer is
to pay the DIF fee at the updated rate. 6) The DIF is to reimburse the developer for the design cosB if the
project is included in the DIF and the City would othenvise have to reimburse the developer from enosh,r
fund if Council did not include the project in the DIF. 7) The developer is to cause their engineen to
provide design consulting services to the City during the period of construction administration period of the
contract at the City's option.
Mr. Milch stated he would accept the agreement.
MSUC (Nader/lvloore) to accept the City Attorney's recommendation.
VOTE ON RESOLUTION 16901, AS AMENDED: approved unanimously.
ORDINANCE 2536 pLAcRn ON SECOND READING AND ADOPTION BY MAYOR NADER, madLug of the text
was waived, passed and approved unanimously.
REPORT TIMING TO CONSTRUCT RIGHT TURN LANE ON BONITA ROAD AT 1-805
7. RESOLUTION 16914 AMENDINGTHE1992LEGISLATIVEPROGRAMFOR1993ANDADOPTING
A LEGISLATIVE WORK PROGRAM FOR 1993 - The report proposes amendments to the Legislative Program
to reflect issues and address concerns raised during the second half of the 1991-92 legislative session. In
addition, a work program for 1993 has been formulated to guide staff and the City's legislative consultant
throughout the session. The list of projects was developed after a series of meetings with departments and
Councilmembers. Staff recommends approval of the resolution. (Administration) Pulled from the Consen~
Calendar. Continued to the meeting of 12/15/92.
8. RESOLUTION 16915 APPROVING THE FIRST AMENDMENT TO LICENSE AGRRRMENT WITH
SDG&E AUTHORIZING THE MAYOR TO EXECUTE OPTION FOR THE LEASE OF SAN DIEGO GAS AND
Els. t;tRIC PROPERTY ADJACENT TO MARINA VIEW PARK - A "park-use" license, generated by San Diego
Gas & Electric Company (SDG&E) for the Citys use of SDG&E property adjacent to Marina View Park, was
approved by the Council on 3/1/88 and will expire on 12/31/92. The City has the option to extend the
license for an additional five year period. Staff recommends approval of the resolution. (Director of Parks
and Recreation)
Minutes
December 8, 1992
Page 6
9. RESOLUTION 16916 APPROVINGTHEPROPOSED'TRI~-GRAPHC. adqYON~~TION'
The Baldwin Company has proposed the annexation of a 120-acre area located on the north side of Otay
Lakes Road, west of future State Route 125. The annexation will facilitate development of the Telegraph
Canyon Estates project, for which Council has approved a General Development Plan and Sectional Planning
Area Plan. Staff recommends approval of the resolution. (Director of Planning)
10. RESOLLrHON 16917 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AG~RRMENT
AND AUTHORIZING THE MAYOR TO EXECLFI'E SAID AGREEMENT FOR THE RESUBDM SION OF LOTS
2, 5 AND 12 OF MAP 12757, CHULA VISTA TRACT 89-14, SANIBRtJ.R - On 12/4/90, Council approved a
final map (Map 12757) and associated improvement agreement for Sanibelle. The developer has processed
a new final map resubdividing lots 2, 5 and 12 of that map under Tentative Map 89-14. The new map will
create three additional lots for financing purposes but no additional condomlnium units. A new Subdivision
Improvement Agreement between the new owner, Laura Allson - Sanibelle Partnership, and the City has also
been submitted for approval. Staff recommends approval of the resolution. (Director of Public Works)
Continued from the meeting of 10/6/92.
11. RESOLUTION 16918 APPROVINGSECONDAMENDMENTTOAG1H~F-MFa'qT~MVITHDARNmLAND
ASSOCIATES, INC. TO PREPARE TRAFFIC SIGNAL PLANS FOR I-5 AND PALOMAR STREET AND 1-805 AND
OTAYV.AH-RY ROAD INTERCHANGE IMPROVEMENTS - On 10/2/90, Council approved an agreement with
Damell and Associates, Inc. (D&A) to prepare signal design plans for the I-5 and Palomar Street and 1-805
and Otay Valley Road interchanges. Additionally, D&A was to prepare a Project Concept Report for the 1-805
and Otay Valley Road interchange improvements. D&A have completed the design of the I-5 and Palomar
Street traffic signals and the project is presently under construction. However, at the 1-805 and Otay Valley
Road interchange CulTruns is requesting additional ramp widening to be done in conjunction with the
proposed traffic signals. The civil design work needed to meet CulTruns requirements will cost an additional
$15,019 to complete. Staff recommends approval of the resolution. (Director of Public Works)
12. RESOLUTION 16919 AMENDING S(}IEDIJLE VIII, SECTION 10.5Z400 OF THE MUNI~PAL CODE
TO ALLOW DIAGONAL PARKING ON THE 100 BLOCK OF QDINTARD STREET - Staff received a request
from Earl Wiens, Principal of Castle Park Middle School, to provide diagonal parking stalls along the entire
frontage of the school. Staff recommends approval of the resolution. (Director of Public Works) Pulled
from the Consent Calendar.
Carolyn Butler, 97 Bishop Street, Chula Vista, CA, stated she had repeatedly requested to be kept informed
on any transit issues or of any issues in the immediate area of Quintard and Bishop Street. She felt the
installation of diagonal parking would result in a dangerous situation.
Councilman Rindone felt Mrs. Butler's concerns were legitimate and the unloading and loading of the buses
was not discussed in the staff report. Safety was the number one issue and until a recommendation was
received from staff he recommended the item be continued one week.
MSUC (Rjndone/Hor~on) to continue Resolution 16919 to the 12/15/92 meetSrig.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND ~TED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING ABATEMENT OF THE TRANSIENT
OCCUPANCY TAX - On 10/25/92, Council established a maximum Transient Occupancy Tax (TOT) of ten
percent and provided for annual abatement hearings at which time the maximum tax could be lowered. In
keeping with previous years' action, staff recommends that the tax be abated and maintained at its current
rate of eight percent. Staff recommends approval of the resolution. (Director of Finance)
Minutes
December 8, 1992
Page 7
Councilman Fox questioned whether under the fiscal impact the tax took into account any loss of business
as a result of an increase or anticipated affect as to the economic climate.
Lyman Christopher, Director of Finance, responded that it did not anticipate any lost businesses, it was a
straight line projection.
City Manager Goss stated he did not believe there would be any loss in business because of the increase.
Since the last time it was considered by Council, National City had raised their rate to 10%, Imperial Beach
had raised theirs, and San Diego was at 9%. He felt the rate of 9-10% would be competitive with the rest
of the immediate surrounding area. It did reflect the current economic climate and it was based on the fact
that there was a certain level of activity experienced and there had been a very small decline in that. It had
basically been stable and, therefore, staff did not expect it to change significantly.
Councilwoman Horton stated that during hard economic times a 1% or 2% increase would make a
difference. She recommended that Council accept the staff recommendation.
RESOLUTION 16920 OFFERED BY COUNCILWOMAN HORTON, reading of the text was waived.
Mayor Nader stated the item would have to come back to Council for an annual abatement and requested
that the experience of neighboring jurisdictions that had raised their TOT be included for Council review.
This being the time and place as advertised, the public hearing was declared open.
Mike Bell, 111 N. 2nd Avenue, Chula Vista, CA, representing Kampgrounds of America, spoke in support of
the staff recommendation. He informed Council that the KOA Kampground did not compete locally but
regionally. He felt the TOT was taxation without representation as those being taxed did not live in the area
and were unable to vote.
There being no further public testimony, the public hearing was declared closed.
VOTE ON RESOLUTION 16920: approved unanimously.
RESOLUTION 16920 h°PROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX FROM
A RATE OF TEN PERCENT TO EIGHT PERCENT FOR CAI.RNDAR YEAR 1993
14. PUBLIC HEARING CONSIDERINGAONEYEARABATEMFANTOFTHESCHEDUIB'~CAI-~,q)AR
YEAR 1993 BUSINF..SS LICENSE TAX INCREASE TO RETAIN BUSINESS LICENSE TAXES AT THE CURRENT
CALENDAR YEAR 1991 LEVEL - Staff recommends the public hearing be opened and continued to 12/15/92.
(Director of Finance)
This being the time and place as advertised, the public hearing was declared open.
Lyman Christopher, Director of Finance, requested that the public hearing be continued to the 12/15/92
meeting as staff was making administrative adjustments to the business license tax ordinance.
MSUC (Nader/Horton) to continue the public hearing to the meeting of 12/15/92.
A. ORDINANCE 2537 TO AMEND TITLE FIVE AND CHAFFER 9.13 OF THE MUNICIPAL CODE
J~RIJ. TED TO BUSINESS LICENSE TAXES AND REGULATIONS furgencV ordinance) - 4/Sth's vote required.
This item does not require a public hearing but is a related item.
B. RESOLUTION 16921 AMENDING THE MASTER FEE SCHEDULE TO INCLUDE INVESTIGATION
FEES FOR LIVE ENTERTAINMF. NT LICENSES AT THE LEVEL SPECIFIED IN CHAPTER 9.13 OF THE
MUNICIPAL CODE - This item does not require a public hearing but is a related item.
Minutes
December 8, 1992
Page 8
C. RESOLLrFION 16922 ABATING THE SCHEDLII.RI~ CAI.~NDAR YEAR 1993 BUSINESS LICENSE
TAX INCREASE FOR ONE YEAR AND RETAINING BUSINESS LICENSE TAXES IN CAt.RNDAR YEAR 1993
AT THE CAI.RI~IDAR YEAR 1991 LEVEL, AS PROVIDED IN ORDINANCE 2408, WITH THE EXCF_.,IYrlON OF
TAXES ON SPECIFIC BUSINESSES ADOPTED BY ORDINANCE AFTER JANUARY 1, 1991
ORAL COMMUNICATIONS
· Margaret Helwn, 162 Mankaw Street, Chula Vista, CA, stated she was not speaking on behalf of the
Parks and Recreation Commission but as a member and expressed concern regarding the hiring of the
Human Services Coordinator. The position was approved in the budget, advertising had been done, and no
further action had been taken. They had been told that it was in the budget committee. She requested that
the position be filled.
City Manager Goss assured Council that there was no budget committee. Since the hiring freeze had been
lifted, they were looking at each position carefully in preparation of the 1993-94 budget. In some cases, he
was not sure whether this was one or not, there was a desire to shift some of the duties of other positions
due to changed circumstances. A report could be ready for Council by next week.
Mayor Nader stated he wanted the report to include what the status was of filling the position. If there were
concerns regarding the position he wanted an explanation as to why it had not been brought to Council
before now.
Mayor Nader stated he was concerned because the inquiries he had made of staff contained a different
response than he had heard tonight. If staff felt a budget adopted by Council needed to be changed they
should come back to Council for direction.
MSUC {Nader/Moore) to refer the issue to staff for a repo~ back to Council on 12/15/92.
Carolyn Butler, 97 Bishop Street, Chula Vista, CA, stated she had been recruited to apply for a
position on a City commission. After applying for a position she had been informed that there were no
vacancies and told to be patient.
Mayor Nader stated the committee for which she had applied did not have set terms. It was set up under
a previous mayor as an ad hoc committee which evolved into something unique in the City. He requested
that the City Clerk assist him in ascertaining whether there were vacancies or whether he could appoint
additional positions.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACT[ON ITEMS
15. RESOLUTION 16904 APPROVING COUNCIL POLICY REGARDING USE OF UrrY VEHICLKq AND
AUTO ALLOWANCES - On 6/30/92, Council directed staff to prepare a recommended policy regarding
personal use of City vehicles and guidelines on the types of vehicles purchased for assignment to Executive
Managers. Staff recommends Council approve the resolution, implement the Policy, and direct the Fleet
Manager to prepare a report with recommended guidelines and recommendations. (Administration)
Continued from the meeting of 11/24/92.
Mayor Nader stated he was one of the employees that had personal use of a vehicle as part of his
compensation package. The policy had gone back to the late 70's or early 80's and the last time the Mayor's
pay had been on the ballot it had been acknowledged that part of the Mayor's compensation was personal
Minutes
December 8, 1992
Page 9
use of a vehicle. He felt it would be within the Council's prerogative, because those benefits were not set
in the Char'cer, to change the benefits. He had absented himself in the past on the discussions because he
was one of the employees, in theory, that could potentially be affected and requested the City Attorney~s
advice as to whether he could or should participate.
City Attorney Boogaard stated the proposal for his deliberation was approval of the Council policy which
only applied to employees and not to elected officials. As such, it would not be a conflict for the Mayor to
participate, remembering that he could abstain if he felt other than a financial conflict of interest.
Mayor Nader stated that as long as Council was discussing policy that affected non-elected employees he
should participate. If discussion arose regarding his compensation package he would abstain.
Councilman Kindone stated there were two City employees that had specific provisions in their contracts for
unlimited use and they were the City Manager and Assistant City Manager. The policy made excellent
profess in addressing the major concern, the unlimited personal use of public vehicles by employees but
the proposed implementation steps had not totally eliminated that concern. What complicated the situation
was that the two contracts were developed by previous Councils and unless there was concurrence with
those employees to agree to a change, those would have to be negotiated at a later date.
Mayor Nader stated his position would have to be excluded from the proposed motion or he would have to
abstain.
Councilman Kindone stated he would exclude the Mayor from the discussion initially and come back with
a separate motion.
City Attorney Boogaard stated the phil osophy of the Fair Political Practices Commission was that ff there was
to be a bifurcation of an issue, the part that he would be precluded from discussing should be discussed first
so that his conversations and deliberations wouldn't subsequently impact the decision affecting him.
Mayor Nader suggested that he leave the dias if Councilman Rindone wanted to offer a motion that would
affect the Mayor's compensation, that Council discuss and deal with that issue, then he could return for the
balance of the discussion. Mayor Nader designated Councilman Rindone as Mayor Pro Tem and left the dias.
MS (Rindone/Moore) adopt a policy for the City wh/ch would provide vehides for the Mayor, City Manager,
and Chid of Police. The three positions would be authorized to have cars purchased, as per current practice;
use for business purposes and any *COmm~lting Only* category within the City of Chula Vista; and a cap of
not to exceed 2,500 miles for any non-business related activities [personal use) on an annual basis outside
the City,
Councilman Rindone stated it would be his intent to implement the policy retroactively so that present
employees would nor be grandfathered in.
Councilwoman Horron questioned whether the Fire Chief had been eliminated.
Councilman Rindone responded that it was not included in the motion and would be open to
recommendations from the Council.
Councilwoman Horton questioned whether the City Manager, Mayor, and Police Chief had the option of a
car allowance rather than a City owned vehicle.
Councilman Rindone suggested that it not be restricted. He would not oppose the same compensation
package for the City Manager.
City Manager Goss stated he would personally like to go back and take a look at an auto allowance and
salary adjustment. He was uncertain as to what he would request because a City car was a benefit also to
the City. His first preference was an auto allowance, his second preference would be the current
Minutes
December 8, 1992
Page 10
arrangement, his third preference would be a leased car turned over for unrestricted use, and his fourth
· preference would be the current proposal.
Councilman Rindone stated his recommendation would allow that to occur for the City Manager but the City
Attorney and Assistant City Manager would not have that option. He agreed that there was a reciprocal
benefit to the City if the City Manager had a City owned vehicle. The City Manager's usage had not been
questioned during his ten years of service.
Councilwoman Horton stated that the previous administration had negotiated the benefits and she felt the
changes should be made when a new City Manager was hired. She was comfortable with leaving the City
Manager status quo.
Councilman Fox felt there had been a commitment to the City Manager but there was also a commitment
to the public. He felt they should adhere to the current commitments and correct changes as the position
or employee changed. Council should establish a policy now for future positions.
Councilman Moore agreed with Councilman Fox but noted the other parties were in agreement of the
proposed changes. He felt there was a place for certain people to have unlimited personal use of a City
vehicle with the City but had a problem with unlimited use outside of the City. The employees should not
suffer a loss if their contract was broken.
Councilman Fox stated he would have preferred to discuss the issue when raises were discussed. He
questioned whether the mileage was available on the Mayor's vehicle and expressed concern that the Mayor
was relying totally on the City vehicle for his transportation.
City Attorney Boogaard informed Council that Mayor Nader could address the Council from the podium as
a matter of personal interest, not as a member of Council. Therefore, he could provide information
requested.
Mayor Nader responded from the podium that the proposal would have a drastic affect. Although he did
not have the figures for personal use, he felt the City Manager's estimate was well under what his estimate
was for his personal use. Because the compensation in the past had been unlimited personal use he did not
have a personal vehicle.
Councilman Rindone questioned whether the Mayor would have a preference of having no restriction or a
higher cap. The goal would be to address the needs while not disrupting the compensation packages for
those employees affected, including the Mayor.
Mayor Nader stated it was a difficult subject to respond to objectively because he was personally affected
and had his views on what the policy should be for various City employees. The policy in the past was that
personal use for the Mayor and certain City officials was unlimited.
AMENDMENT TO MOTION: (Rindone/Moore) to withdraw the Mayor's compensation from the motion.
Mayor Nader stated there was apparently a likelihood that his position would be brought back later after
the discussion and would continue to abstain on the balance of the item.
Councilman Moore stated that if any of the employees felt their compensation was adversely affected by
having a $320/month vehicle allowance and a pay differential of $230, proof of that could be brought
forward to the City Manager.
Councilwoman Hotton questioned whether the motion included the option for a car allowance.
Counc~man Rindone stated the motion did not restrict the City Manager from coming back to Council
requesting a car allowance.
Minutes
December 8, 1992
Page 11
VOTE ON MOTION AS AMENDED: approved 4-0-0-1 with Nader abstaining.
MS (Rindone/Horton) the policy would become effective on or before 2/2/93, the City Attorney and the
Assistant City Manager would surrender their respective veilides, the City Anorney's and Assistant City
Manager's compensation packages would be amended as follows: 1) in lieu of exercising the vehicle option
the City Attorney and Assistant City Manage shall be paid $320/month as a car allowance effective 2/2/93;
2) the City Attornel/s and Assistant City Managers salary shall be increased effective 2/2/93 by $230/month~
3) the City shall reimburse the City Attorney $700 for the installation of a special CD/sound system; and
4) the vehicles assigned to the Assistant City Manager and City Attorney shall not be retained in the City
fleet of vehicles but shall, upon surrender, be sold in such a manner the City Manager determines will
produce as large of return to the City as poss~le, the vehicles are not to be sold to any City official or
employee.
AMENDMENT TO MOTION: (Moore/Rindone) the City Manager has the option to sell, or assign to staff
that had a need for a four-wheel drive vehicle; not as an additional fleet vehicle but as a replac~numt
vehicle.
City Attorney Boogaard responded to the Council, not as the City Attorney but on a matter of personal
interest directly affecting him, and stated the terms were generally acceptable, however, if the vehicle was
surrendered before 2/2/93 he would expect the compensation package to begin at that time.
AMENDMENT TO MOTION: (Moore/Rindone) the vehicles are to be surrendered on or before 2/2/93 at
which lime the compensation package would begin; immediate families of officials and employees would
be prohibited from purchasing the vehicles.
AMENDMENT TO MOTION: CMoore/Rhdone) fithere was a breech of contract noted the affected parties
could bring it back to Counc~.
VOTE ON MOTION AS AMFANDED: approved 4-0-0-1 with Nader abstaining.
Jim Thomson, Deputy City Manager, informed Council that the Fire Chief had very little discretionary use
of his City vehicle. He was certain that the Fire Chief would not object to "commuting only" use.
MSC (Rindone/Fox) to adopt the policy regarding City Use of personal Vehicles as proposed on page 16-17
of the staff report and the provision that personal use of vehicles for unrestricted benefit could not be offered
to any employee as part of a benefit package without a majority vote of the members of the current City
Council. Approved 4-0-0-1 with Nader abstaining.
MSC (Rindone/Fox) to approve the auto allowance policy, pages 16-18 and 16-19, itprn~ 2B ltlrough 2G, not
adopting 2A. Approved 4-0-0-1 with Nader abstaining.
MOTION: (Menre) to forIll a subeommlitee with Mayor Nader and Councilman Rindone to bring back
recommendations on the Mayors usage of City veilides.
City Attorney Boogaard advised the Council that the Mayor could not serve on the subcommittee. He
questioned whether the intent was to have two Councilmembers produce a policy and offer it to the Mayor
at the meeting.
Councilman Moore withdrew the motion but felt the Mayor should present his own proposal
City Attorney Boogaard stated the Mayor could present his own proposal from the podlure at the meeting.
Councilman Rindone stated the item would be docketed for the first meeting in January and would be
presented by the Mayor.
Minutes
December 8, 1992
Page 12
MSUC 01indone4tNader) to hear Item 18 and the RDA Agenda and continue the balance of the agenda to
the next regular meeting.
16. RESOLUTION 16923 APPROVING CHANGES TO THE APPLICATION FOR PROPOSITION 85
GRANT FUNDS; CERTIFYING THE A.MF2~ED PROJECT BUDGET IN THE APPLICATION FOR FUNDS
AVAILABLE FROM CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT FOR THE
CONS'fRUCTION OF A NEW LIBRARY AT ORANGE AND FOURTH AVENIlE. S; COMMITlING THE t.;rlY'S
MATCHING FUNDS; CERTIFYING THE CITY'S ABILITY TO FINANCE THE SUPPLEMENTAL FUNDS
NErn~-e,-e~s, RY TO COMPLETE THE PROJECT IN A TIMELY MANNER; CERTIFYING LOCAL MATCHING AND
SUPPLEMENTAL FUNDS WILL BE AVAILABLE WHEN NEEDED TO MEET THE PRO, IECI~ CASH FLOW
REQUIREMENTS; CERTIFYING THE ACCURACY AND TR~S OF ALL INFORMATI ON CONTAINED
IN THE APPLICATION FORM; COMIMrrTING TO OPERATE THE COMPLETED FACILITY AND PROVIDE
DIRECT PUBLIC LIBRARY SERVICE - The architectural firm of LPA, Inc., in conjunction with the design
architect, Ricardo Legorreta, has created a new conceptual plan for the South Chula Vista Library. Because
the conceptual plan, consisting of a site plan, a floor plan, elevations and sectional drawings differs from
the plan prepared for the City's original California Library Construction and Renovation Bond Act grant
application, review by the California State Library was required. The State Librarian has informed the City
that he has approved the new plans, but requires a new supporting resolution from Council. Staff
recommends approval of the resolution. (Library Director)
Rosemary Lane, Library Director, gave a brief review of the project.
John Maddox, 435 La Jolla Village Drive, Suite 130, San Diego, CA, representing LPA Inc., reviewed the
design and recent changes.
Councilwoman Horton questioned why the costs would not increase when the square footage was increased
by over 2,000 sq. ft.
Mr. Maddox responded that it was an economical design, the economy had changed, and the circulation area
was expanded which was also less expensive.
Councilman Moore expressed concern over the drop-off zone and questioned what was wrong with the curb
south of the facility, i.e. SDG&E fight-of-way.
Clifford Swanson, City Engineer/Deputy Public Works Director, stated that staff could look at that
alternative. Because of the width of Fourth Avenue and the potential volume, they did not want traffic
coming from the north going into the driveway.
Ms. Lane stated the City could not express anything to the State Library Board on land the City did not own.
Councilman Fox stated there was a possibility of adding 50 additional parking spaces and questioned
whether that was still applicable.
Mr. Maddox stated the additional parking was a requirement of the State Librarian due to anticipated future
expansion. It would be done only upon expansion of the facility.
Councilman Fox questioned whether murals were still being considered to discourage graffiti.
Mr. Maddox responded that the idea of a mural was very attractive but it was not part of the budget at this
time.
Mayor Nader questioned whether there had been input from the Library Board of Trustees on the current
plan.
Minutes
December 8, 1992
Page 13
Ms. Lane responded that the Library Board of Trustees would be reviewing the plan at their meeting the
following day. They had received it in their Board packet the previous week and they were requested to
come in to review the plans in her office.
Mayor Nader questioned whether Council action was needed that evening.
Ms. Lane responded that Council action was needed so staff could get the plans to the State Librarian next
week. They were under a very tight time frame.
RESOLUTION 16923 OI~'I'MIED BY COUNCILMAN RINDONE, reading of the text was waived.
Mayor Nader stated he would support the motion in order to move the project along. It was one of the most
exciting projects pending in the City. Normally he would want to see the Library Board's comments but
realized the constraints they were under. He hoped staff would pass on the Council's desire to hear any of
their input on the project.
VOTE ON MOTION: approved unanimously.
17. REPORT UPDATE REGARDING FUNDING FOR THE NATURE INTERPRP.-Ilv'I~ (~hrt~K
AND A LFASE, LOAN AND OPERATING AGRRRMENT BETWEEN THE BAYFRONT CONSERVANCY TRUST,
C;I-IY AND REDEVELOPMF_aNT AGENCY - On 6/30/92, Council approved a report on funding for the Bayfront
Conservancy Trust/Nature Interpretive Center CBCT/NIC). One of the recommendations of that report was
to freeze one half of the Fiscal Year (bY) 1992-93 BCT/NIC budget until satisfactory progress was made in
addressing issues raised in the report. The current report offers an update on the significant progress that
has been made in addressing those issues. Staff recommends Council unfreeze one quarter of the FY 1992-
93 budget to provide funding through 3/31/93. (Administration)
Mayor Nader stated that as Chair of the Bayfront Conservancy Trust Board he had not agreed in freezing
the budget in order to change some of the operating rules of the trust. The staff recommendation would
allow them to move forward.
MS (Nader/Rindone) to approve the staff recommendation.
Councilman Rindone questioned who would be in the bayfront assessment district.
Stephen Neudecker, Executive Director, responded that was an issue that was being investigated as it was
not clear. Their understanding was that it would encompass all that was now the mid-bayfront property.
Mayor Nader stated it was included in the LCP amendment which had been adopted by Council.
Jim Thomson, Deputy City Manager, stared that the land owner had suggested a broader area.
VOTE ON MOTION: approved unanimously.
ITEMS pLn.I.ED FROM THE CONSENT CAI.F. NDAR
Items pulled: 6a, 7, 8, and 13. The minutes will reflect the published agenda order.
OTHER BUSINESS
18. CITY MANAGER'S REPORT(S) - None
19. MAYOR'S REPORTf S) - None
Minutes
December 8, 1992
Page 14
20. COUNCIL COMIVIENTS
Councilman Bob Fox
Strategies for attracting environmentally sound businesses to Chula Vista. No action taken.
ADJOURNMFJqT
City Attorney Boogaard informed Council there was no need to meet in closed session to discuss:
Institution of litigation regarding acquisition by eminent domain of certain real properties located
in public fights-of-way throughout the City - pursuant to Government Code Sections 54956.8 and
54956.9(c)
Participation in pending litigation between Laidlaw vs. Bay Cities and EDCO - pursuant to
Government Code Section 54856.9
ADJOURNMENT AT 12:07 A.M. to the Regular City Council Meeting on December 15, 1992 at 6:00 p.m.
in the City Council Chambers and thence to a joint City Council/County Board of Supervisors on Thursday,
December 17, 1992 at 4:00 p.m. in the City Council Chambers.
A Special Joint City Counc~/Redevelopment Agency meeting convened at 11:40 p.m. and adjourned at 12:05
a.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki C. Soderquist, Deputy ~er