HomeMy WebLinkAboutcc min 1993/07/27 MI~ OF A REGUI)~ MEETING OF THE CITY COUNCIL
OF THE CITY OF CHOIA VISTA
Tuesday, July 27, 1993 Council Chambem
6:01 p.m. Public Services Building
CAlL TO ORDER
1. ROll. CALL:
PRESENT: Councilmembers Fox (left the meeting at 7:30 p.m. and returned at 9:15
p.m.), Horton, Moore, Rindone, and Mayor Nader (arrived at 6:55 p.m.)
ALSO PRESENT: Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney;
and Beverly A. Authelet, City Clerk
2. PI.FJ)GE OF AT.T.RGIi~aNTCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF/dINlYrES: July 13, 1993
MSC {Rindone/Moore) to approve the minutes of july 13, 1993 as presented. Approved 4-0-1 with Nader
absent.
4. SPEC/AL ORDERS OF THE DAY:
a. Oath of Office:
Appeals and Advisors - Thomas F. Leonard - not present
Cultural Arts Commission - Larry V. Dumlao
Cultural Arts Commission - Carlos Gilbert Pelayo
Design Review Commission - Dan Way
Library Board of Trustees - Ronald E. Williams - not present
Economic Development Commission Ex-Officio Sheila Washington - not present
International Friendship Commission - Luis Alvarez
Planning Commission - William C. Tuchscher - not present
Resource Conservation Commission - Barbara Ann Hall
Resource Conservation Commission - Michael Johnson - not present
Safety Commission - Stephen C. Padilia
Oath of office administered by City Clerk Authelet, Certificates of Appointment were distributed by
Councilmember Hotton.
CONSENT CALENDAR
(Items pulled: 5a, 9, and 12)
MSC (Moore/Horton) to file Item 5c. Approved 4-0-1 with Nader absent.
BALANCE OF .THE CONSENT CAT.RNDAR OFFERED BY COUNCILMEMBER HORTON, reading of lhe text
was waived, passed and approved 4-0-1 with Nader absent
Mayor Pro Tem Rindone stated Item 9 had also been requested to be pulled by the public and requested
reconsideration of the motion to approve the Consent Calendar.
MSC (Moore/Fox) to reconsider the vote on the Consent Calendar. Approved 4-0-1 with Nader absent.
Minutes
July 27, 1993
Page 2
MSC (1Vloore/Horton) to vote on the Consent Calendar as mended and read by the City Clerk Approved
4-0-1 with Nader absent.
S. WRrl'l'ff.N COMMUNICATIONS:
a. Letter, with attachment, requesting reinstatement of the Senior and Disabled Transportation Advisory
Committee - Carolyn F.J. Butler, 97 Bishop St., Chula Vista, CA 91911. It is recommended that staff be
directed to send Ms. Butler a copy of the staff report and Ordinance 2543, and, if after review of the
material, Ms. Butler feels the senior and disabled community is under represented, staff will calendar her
letter for consideration by the Human Relations Commission. Pulled from the Consent Calendar.
· Carolyn J. Butler, 97 Bishop Street, Chula Vista, CA, stated she did not feel the Human Relations
Commission had the understanding to deal with the senior and disabled issues. She requested reinstatement
of the Senior and Disabled Committee.
MS CNader/Rindone) to approve staff reconunendation.
Councilmember Moore felt included in the letter to the Human Relations Commission should be the question
whether a separate commission/committee should be established for handicapped issues. Mayor Nader
stated he would incorporate that into the motion, agreed to by the Second to the motion, approved 4-O-1
with Fox absent.
b. Letter requesting support for Multiple Species Conservation Program (MS(P) Resolution of Intention
(ROD - Dan Silver, Coordinator, Endangered Habitats League, 8424A Santa Monica BIrd., #592, Los Angeles,
CA. 90069. It is recommended that staff notify the Endangered Habitats League of the hearing date, and
that their concerns will be addressed in the report prepared for that meeting.
c. Letter urging consideration of approving a no-smoking ordinance - Mayor Dick Lyon, City of
Oceanside, Civic Center, 300 North Hill St., Oceanside, CA. 92054. It is recommended that the item be
referred to staff and the City Attorney for report back to Council. Item to be ~ed.
6. ORDINANCE 2561 REQUIRING RECOVERY OF CRIMINAL JUSTICE ADMINISTRATION FRRg
IMPOSED BY SAN DIEGO COUNTY (second reading and adoption) - Commencing 7/1/92, under the
auspices of a new State law, the County has imposed a booklng fee of $176 per criminal defendant arrested
by our police department. While we are protesting the amount of the fee and the authority to impose same
in pending litigation, adoption of the ordinance would create a means of collecting it from criminal
defendants booked through the system during the pendency of the litigation if it eventually proves
unsuccessful, and would therefore protect our general fund from a possible large unaccrued liability. Staff
recommends Council place the ordinance on second reading and adoption. (City Attorney)
7. ORDINANCE 2563 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL CODE,
DECREASING STATE LAW MAXIMUM SPRED LIMITS IN CERTAIN AREAS, ~ "H' STREET EAST OF
EASTLAKE DRIVE, MOUNT MIGUEL ROAD AND PROCTOR VAI .1 .Ry ROAD (second readinE and adoption) -
East "H" Street, east of EastLake, is a four lane major arterial. Mount Miguel Road and Proctor Valley Road
are each Class II collector streets. Since the streets do not have any ffonting business or residences, the
unposted prima facia speed limit is 55 mph. Based on recent traffic surveys, including speed surveys and
a study of roadway geometrics, and in the interest of public safety, it is recommended that East "H" Street,
east of EastLake Drive be posted at 45 mph, Mount Miguel Road be posted at 35 mph, and Proctor Valley
Road be posted at 30 mph. Staff recommends Council place the ordinance on second reading and adoption.
(Director of Public Works)
Minutes
July27, 1993
Page 3
8.A. RESOLUTION 17179 APPROVING AGIH~I~MENT BETVVEEN THE CITY OF CI-IULA VISTA AND
WOODLAWN PARK COMMUNITY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGRRRMENT - On S/18/93, Council approved $2SS,000 of CDBG funds to 22 social service programs and
$96,600 for three community development programs and $S3,000 to the Fair Housing Council and Human
Services Council programs. The U.S. Housing and Urban Development DeparUnent (HUD) requires a written
agreement ber~veen the City and each sub-recipient of CDBG funds. Staff recommends approval of the
resolutions. (Director of Community Development)
B. RESOLUTION 17180 APPROVING AGRF. F-MENT BETWEEN THE CITY OF CHULA VISTA AND
SOUTH COUNTY COUNCIL ON AGING (SHARED HOUSING) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGRRRMF2,fT
C. RESOLUTION 17181 APPROVING AGI~RRMENT BETWEEN THE CITY OF CHULA VISTA AND
FAIR HOUSING COUNCIL OF SAN DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AG~
D. RESOLUTION 17182 APPROVING AGI~-~-MENT BETWEEN THE CITY OF CHULA VISTA AND
CENTER FOR WOMEN'S STUDIES AND SERVICES (PROJECT SAFEHOUSE) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
E. RESOLUTION 17183 APPROVING AGB RRMENT BETWEEN THE CITY OF CHULA VISTA AND
EPISCOPAL COMMUNITY SERVICES (OTAY COMMUNITY CLINIC) AND ALrrHORIZING THE MAYOR TO
EXECIYFE SAID AGBRRMENT
F. RESOLUTION 17184 APPROVING AGI~-~-MENT BETWEEN THE CITY OF CHULA VISTA AND
BOYS AND GIRLS CLUB OF CHULA VISTA (EDUCATION ENIHANClMENT) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGI~F,F, MENT
G. RESOLUTION 17185 APPROVING AGRF. RMENT BETVVEEN THE CITY OF CHULA VISTA AND
COMMUNITY SERVICE CENTER FOR THE DISABLED AND AUTHORIZING TIIE MAYOR TO EXECUTE SAID
AGR ERMENT
H. RESOLUTION 17186 APPROVING AGI~RRMENT BE'IqA/Ffe~ THE CITY OF CHULA VISTA AND
AIDS FOUNDATION SAN DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGi~F-FJk~A'Cf
I. RESOLUTION 17187 APPROVING AGI~R~MFA"~T BETWEEN THE CITY OF CHULA VISTA AND
YWCA OF SAN DIEGO COUNTY (BA~I'ERED WOMFANFS SERVICES) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGI~RRMENT
J. RESOLUTION 17188 APPROVING AGl~RRMENT BETVVEEN THE CITY OF CHULA VISTA AND
YMCA OF SAN DIEGO COUNTY (I'MCA FAMILY STRESS CENTER) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGI~F-F-MENT
IC RESOLUTION 17189 APPROVING AGiq F-F-MFA'qT BETWEEN THE CITY OF CHULA VISTA AND
YMCA OF SAN DIEGO COUNTY (SOUTH BAY FAMILY YMCA SUNSHINE COMPANY) AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGI~F. MENT
L. RESOLUTION 17190 APPROVING AGI~RRMENT BETIA/EEN THE CITY OF CHULA VISTA AND
YIVICA OF SAN DIEGO COUNTY (SOUTH BAY FAMILY YMCA SUMMER DAY CAMP) AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
M. RESOLUTION 17191 APPROVING AGI~RRMFANT BETVVEEN THE CITY OF CHULA VISTA AND
YMCA OF SAN DIEGO COUNTY (CHULA VISTA HUMAN SERVICES COUNCIL) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Minutes
July 27, 1993
Page 4
N. RESOLLrHON 17192 APPROVING AGREEaMEaNT BETWEEN THE CITY OF CHULA VISTA AND
L~ SOCIAL SERVICES SOLrlIqERN CALIFORNIA PROJECT HAND AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGRRRMENT
O. RESOLLrHON 17193 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
ADULT PROTECTIVE SERVICES {SOUTH BAY ADULT DAY HEALTH CENTER) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
P. RESOLUTION 17194 APPROVING AG~ BETWEEN THE CITY OF CHULA VISTA AND
SENIOR ADULT SERVICES 0VlEAIB ON WIlEEl.S) AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGR RRMF_aNT
Q. RESOLLrHON 17195 APPROVING AGRRRMENT BETWEEN THE CITY OF CHULA VISTA AND
JOBS FOR YOUTH AND AIJTHORIZING THE MAYOR TO EXECUTE SAID AG~
R. RESOLUTION 17196 APPROVING AGREEMENT BETWEEN THE CITY OF CHUI~ VISTA AND
SOUTH BAY COMMUNITY SERVICES (CASA NUE:/IF, A)/MND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGR I~-~-MENT
S. RESOLUTION 17197 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
SOUTH BAY COMMUNITY SERVICES (GRAFFIT[ ERADICATION) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
T. RESOLUTION 17198 APPROVING AGREEMENT BETWEEN THE CITYOF CHUIAVISTAAND SOUTH
BAY COMIViUNITY SERVICES (II',rl'E3_VElS.rrlON TEAR4) AND AUTHORIZING TI-IE MAYOR TO EXECU]]~ SAID
AGI~RRMENT
U. RESOLUTION 17199 .APPROVING AGRREMENT BET~MVEEN TI-IE CITY OF CHULA VISTA ~
SOUTH BAY COMIViUI',~TY SERVICES (COIV~ViUlSlITY DEVELOPMEI',,FF PROGRAIVD AND AUTHORIZING THE
MAYOR TO EXECLrfE SAID AGREF-MF2qT
V. RESOLLrHON 17200 APPROVING AGI~RF. MEbFF BET'VVEEN TIqE CITY OF CHULA VISTA AI',,II)
MAAC PROJECT (EMER, GEI'qCY FOOD PROGRAIVI) ANI) AUTHORIZING TI-IE MAYOR TO EXECUTE SAID
AGlm RRMENT
9. RESOLUTION 17201 CONDITIONALLY APPROVING A LAND LEASE AGRI:.RMENT WITH CIVIC
CENFe3 BARRIO HOUSING CORPORATION FOR 650 SQUARE FEET OF LAUDERBACH PARK TO
ACCOMMODATE A CHILD CARE FACILITY OPEN SPACE REQUIREMENT - In February 1992, the City
entered into an agreement with Civic Center Barrio Housing Corporation, a non-profit developer, for 20 years
to build a 28-unit apartment complex at 1250 Third Avenue (The Park Village Apartments) to provide
housing opportunities to very low income families. The uniqueness of the project, besides providing housing
to low income families, is that the tenants will have access to on-site child care and off-site job training
opportunities for the purpose of promoting self sufficiency. The child care open space requirement of the
project is in excess of the space currently available at the complex. A small and remote portion of
Lauderbach Park is being requested for lease in order to resolve the open space requirement. Staff
recommends approval of the resolution. (Director of Community Development) Pulled from the Consent
Calendar.
Councilmember Rindone expressed concern regarding the forty year lease agreement and questioned the
basis on which staff had made that recommendation.
Juan Arroyo, Housing Coordinator, responded that the forty year lease was related to the loan from the State
to the Civic Center Bario Housing Corporation.
Minutes
July 27, 1993
Page 5
City Attorney Boogaard stated the lease could be terminated short of forty years if the Park Village
Apartments ceased to use the property adjacent to it as subsidized housing, eminent domain, or if the agency
determined to use it for any other purpose.
Gerlinde Topzand, Child Care Coordinator, County of San Diego, 1600 Pacific Highway, San Diego,
stated she could not take a position as it had not gone to the Board yet. Their Parks and Recreation
Department was in favor of child care moving forward. They were trying to figure out how to work it out
legally or policy wise.
City Attorney Boogaard stated the lease would not be executed under the authority of the resolution until
the County had granted the waiver.
RESOLUTION 17201 OI.'FERED BY COUNCILMEMBER RINDONE, reading of the tex~ was waived.
Ms. Topzand informed Council that it was the first project in the State that was funded through Housing
and the State Department of Education. Therefore, there would be a partnership between the State
Department of Education, Housing, and Job Training.
Councilmember Rindone requested a memo to Council with more information regarding the proposed
partnership.
VOTE ON RESOLLrrION 17201: approved 4-0-1 with Fox absent.
10.A. RF~OLUTION 17202 APPROVINGSUPPLEMENTALSUBDIVISIONIMPROVEMENTAGI1RRMENT
REGARDING CONDITIONS 16, 20, 21, 22, AND 23 AND AUTHORIZING THE MAYOR TO EXECUTE SAME
- On S/9/92, Council approved the Tentative Subdivision Map for Tract 92-03, Championship Classics I in
EastLake Greens. The final map is before Council for approval. Staff recommends approval of the
resolutions. [Director of Public Works)
B. RESOLUTION 17203 APPROVING FINAL MAP OF TRACT 92-03, CHAMPIONSHIP CI.ASSICS I,
ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDM SION, RF2ECTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP
WITI-HN SAID SUBDM SION, AND APPROVING SUBDM SION IMPROVEMENT AGLRRRMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDM SION, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
11. REPORT WORK PROGRAM AND AUTHORIZATION FOR A SCHOOL IMPACT
MITIGATION STUDY IN CONJUNCTION WITH THE CHHLA VISTA RLRMENTARy SCHOOL DIb'fR/CT,
SWEETWATER UNION HIGH SCHOOL DISTRICT AND SOURCE POINT- In mid-1992, Council directed staff
to finalize a work program for the mentioned study with both School Districts and return with a final work
program for Council action. Staff has since worked with the Districts and Source Point to reach consensus
on the final program, which is being presented for Council consideration. Staff recommends that the item
be continued for avproximatelv four weeks. (Director of Planning) Continued from the meeting of 7/20/93.
12. REPORT OTAY CORPORATE CENTER NORTH PROJECT - On 3/23/93, Council
authorized staff to transmit a letter stating the City's concerns regarding a proposed development project in
Otay Mesa known as "Otay Corporate Center North." Subsequently, staff received a copy of the City
Managers Report, which recommended a six-month continuance of the project, due to transborder airport
issues. The report is intended to provide Council with an update. It is recommended that Councfi accept
the report and provide staff with additional comments and/or direction, if deemed necessary, prior to the
Minutes
July 27, 1993
Page 6
scheduled San Diego City Council hearing for the project on 7/27/93. (Director of Planning) Continued
from the meeting of 7/20/93. Pulled from the Consent Calendar.
Mayor Nader stated there had been action taken by the San Diego City Council on the item. Because of the
interrelationship between the item, the airport issue, and the state of the economy in the region, he felt the
City should rethink their approach. When San Diego passed the motion, the leading proponents of
TwinPorts on the San Diego City Council argued against the project because it would interfere with the
airport project. Councilwoman McCarty made comments regarding the airport fiasco getting in the way of
economic development and would not support the airport proposal any longer and switched her position
from the last time the airport was before the Council. He felt it was good for Chula Vista and the Southbay
and did not want the City of Chula Vista inadvertently interfering with the project that by Mr. Roberes own
admission may kill the TwinPorts proposal and provide needed jobs to the region. He would prefer to accept
the action by the San Diego City Council and begin working with San Diego to mutually address some of
the transit infrastructure needs of the region to a more mutual satisfaction with particular emphasis on light
rail.
MS (Nader/Fox) to withdraw formal opposition to the Otay Corporate North project per se but to work with
the City of San Diego to develop in conjunction with the project, other Otay Mesa development, and 0tay
Ranch development a plan for advancing the prospect of adequate transportation infrastructure with an
emphasis on public mass transit to serve the region.
Ed Batcheider, Assistant Planner, stated traffic had been the Cinfs contention in protesting the matter from
the beginning. The regional growth management strategy and its implementation was an excellent forum
for the City to bring those issues forward.
Mayor Nader stated that pursuant to the action taken by Council at the Otay Ranch meeting, he felt Council
had already directed staff to work with the staff from other entities toward the long term development of
transit facilities in the region. Therefore, he felt it was all connected. He anticipated that the resources that
would be commitred would be the same resources already committed to transit planning in conjunction with
the Otay Ranch project as it was the same transit planning that had to be done.
Councilmember Rindone stated that if Mr. Lettieri and his staff were drawn into it with the funding from
the developer then the City's General Fund would not be committed. He could then support that motion.
Mayor Nader stated he would be more comfortable in leaving it to the City Manager's discretion the specifics
as to who was assigned to do what.
Sid Morris, Assistant City Manger, stated that it would be an inter-departmental activity with people involved
from Administration and various departments to insure the appropriate input and determine the impact of
the action. He felt that would be the appropriate action for the City. There was going to be a significant
mount of work that would be needed at various times.
SUBS-IrlUTE MOTION: (NaderAVIoore) rather than threatening litigation the City would withdraw
opposition to the project and direct staff to use negotiation rather than litigation to resolve the Cit3es
concerns with the project with an emphasis on mass transit planning. Approved unanimously.
* * END OF CONSENT CALENDAR * *
PUBLIC I-IEARINGS AND REIATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL
OF REFUSE - The County of San Diego recently increased landfill fees, thereby necessitating an increase in
Minutes
July 27, 1993
Page 7
the refuse collection and disposal rates. Laidlaw is requesting such an increase effective 7/1/93. Staff
recommends approval of the resolution. (Administration)
RESOLUTION 17204 APPROVING RATE SCHEDULES FOR CO[.I.ECTION AND DISPOSAL OF
REFUSE EFFEL-FIVE JULY 1, 1993
Councilmember Fox requested clarification on the affect or burden on Laidlaw regarding costs not keeping
up with revenues over the last several years and the impact upon Laidlaw if the increase was not adopted.
Alan Purves, representing Laidlaw Waste Systems, stated they were requesting an increase based on the
percentage increase at the landfill. The actual weight of trash disposed of over the last two years had been
in excess of the percentage increase at the landfill. They had agreed with staff to treat that as a secondary
item. If the increase was not approved Laidlaw would be paying $43/ton and the current rate was $28/ton
which would amount to a $1.5 million increase over a year which would be a substantial burden to Laidlaw.
Mayor Pro Tem Rindone stated it was a pass-through of the increase for tipping fees. There had been
information stating the total tonnage of waste had decreased County-wide by 33% and he questioned the
decrease in tonnage over the last year or two by Chula Vista.
Dan Higgins, Controller, Laidlaw Waste Systems, stated that over a two year period, on an average system
wide, it was down about 5%. Half of that was due to recycling in the market place and the other half to
waste minimization in the market place. The shortfall related to the actual costs Laidlaw incurred per ton
for each yard of trash for a commercial or residential unit. A lot of the commercial customers were being
serviced less frequently. Laidlaw was currently subsidizing through the trash rate about forty-five cents per
residential unit of the recycling rate. Laidlaw's estimate of $140,000 was based on their actual costs of what
they were not able to pass through.
Lyman Christopher, Director of Finance, stated the franchise fee which was currently 8% would drop to
approximately 6.85% if the $120,000 gained in additional franchise fees were returned directly to the
ratepayers.
Mayor Pro Tem Rindone stated his contention was with the increased revenues to the City due to the pass
throughs. He was interested in taking the $120,000 and reducing the pass through rate to the ratepayers.
He felt it was a hidden form of taxation.
This being the time and place as advertised, the public hearing was declared open.
· Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, stated he was not as concerned with the pass
through by Laidlaw as he was the increased tipping fee by the County. He questioned their justification.
There being no further public testimony, the public hearing was declared closed.
Councilmember Moore stated the County's cost of doing business had increased dramatically due to State
and Federal mandates regarding landfills.
MS (Rindone/Fox) to approve the rate schedule for collection and disposal of refuse effective 7/1/93 with
the reduction in the franchise fee rates in order to realize the full pass through costs but no additional fund~
to the City. The increased rate would be $14.43.
Councilmember Fox stated he would second the motion with the understanding that the motion would take
into account that when the issue was revisited, and there was a request for an increase in fees again the
Council could reinstate the policy if they wished or they would continue to receive, as entitled, the 8%. The
motion was not a permanent solution but addressing the one time increase.
Minutes
July 27, 1993
Page 8
Mayor Pro Tem Rindone stated any time there was an increase it was a one time increase until another one
time increase occurred. He would be receptive to a flat fee rather than a percentage. Councilmember Fox,
as Second to the Motion, concurred with the intent of the motion.
VOTE ON MOTION: approved 4-O-1 with Nader absent.
Mayor Pro Tern Rindone stated staff must approve the language that Laidlaw drafted in providing the
information to the ratepayers. It should state that it was a reflection of the true costs of the tipping fee and
a reduction in the percent of the franchise fee.
14.A, PUBLIC HEARING CONSIDERATION OF ADOPTION OF AN INTERIM PRE*SR-12S
DEVELOPMENT IMPACT FEE AND CONSIDERATION OF MODIFICATION OF THE EXISTING
TRANSPORTATION DEVELOPMENT IMPACT FEE - On 8/20/91, Council approved a contract with Howard
Needles Tammen and Bergendoff (HNTB) for professional services in preparing a report which would analyze
future transportation needs in Chula Vista and help staff develop contingency plans in the event that SR-12S
is not constructed in a timely fashion. HNTB has completed the report which contains a recommended
roadway system, and a recommended financing plan as well as providing background and discussion of
issues considered in developing the proposal. Staff recommends Council continue the public hearing to
8/17/93 or schedule a Worksession/Meeting for 8/26/93 and receive the report and direct the preparation
of a final Council policy on development monitoring for consideration along with the final action on the
Interim SR-125 Plan. (Director of Public Works)
B. REPORT DEVELOPMENT FORECAST AND DEVELOPMENT MONITORING POLICIES
This report does not require a public hearir~ but is a related item. (Director of Planning)
Mayor Nader arrived at 6:55 p.m.
Clifford Swanson, Deputy Public Works Director/City Engineer, gave a brief review of the project. He also
reviewed the major controversial issues outstanding. The purpose of the hearing was to review the update
to the Transportation Development Impact Fee program (TRANS DIF), to add new facilities to the program,
and adjust the fee. They would also be looking at a complete transportation system and the need for
complementing facilities to be funded between the TRANS DIF and the new SR-125 Corridor DIF.
Steve Thomas, Senior Civil Engineer, reviewed the proposals for the SR-125 DIF and the TRANS DIF,
Mayor Nader referred to the letter from Sunbow dated 1/29/92 which criticized the methodology of
assigning equal benefit to a development immediately adjacent to 1-805 and several miles from SR-12S and
questioned whether that was the same methodology currently being used.
Mr. Swanson stated it had been discussed since that date with Sunbow. Staff felt the current position of
the City was equitable and the methodology had not been changed. Staff felt they were looking at an overall
transportation system.
This being the time and place as advertised, the public hearing was declared open.
· Craig Fukuyama, 2727 Hoover Avenue, National City, CA, representing Rancho Del Rey Parmership,
stated in Council's packet were two letters from the Partnership addressing issues and concerns they felt very
strongly about.
Mayor Nader questioned why the City should not look at the actual likely usage of SR-125 in determining
the fee to be paid.
Minutes
July 27, 1993
Page 9
Mr. Fukuyama responded they believed that because the City had an existing fee program that everyone
agreed with and was put in place to construct a system everyone benefited from equally, due to that
philosophy, the current fee program could be easily adjusted to incorporate the improvements that were
contemplated under the new fee without the necessity of creating a separate independent fee. With the
creation of a second and independent fee there needed to be a nexus issue resolved before that fee was
implemented. It was their preference to have a singular fee, in the event there was not a singular fee, then
they would have concerns. The issue of credits for units that had already prepaid should be exempt from
future increases. They believed the exemption from future fee increases should continue to run with those
prepaid units. As related to new units, there needed to be some nexus assigned to benefit received for units
depending geographically where they were located.
Mayor Nader felt a nexus to the fee was more strongly established if it related to use of the facility.
Councilmember Moore stated when the TRANS DIF was started everyone knew there would have to be
modifications and was a major cause of concern for SP.-125. He was concerned that a consensus had not
been reached between staff and the developers. When staff returned a consensus should be reached.
· Kim John Kilkenny, 11975 El Camino Real, San Diego, CA, representing the Baldwin Company,
stated they supported the staff recommendation. They felt it was an intelligent, well reasoned, equitable
proposal for financing future roads in the eastern territories. Baldwin had expressed concerns regarding the
existing DIF program 3-4 years ago as it was their belief that it would not generate sufficient revenues to
ensure that the citizens of Chula Vista would enjoy an adequate road system in the eastern territories. They
felt the proposal would provide a cure to the existing defects and once implemented would establish a long
term and equitable financing program to ensure that roads would be provided in a timely fashion and the
residents of Chula Vista would not be victims of congestion. The key was that it was a transportation
system.
· Curt Stephenson. 900 Lane Avenue #100, Chula Vista, CA, representing EastLake, stated they were
supportive of the City's efforts to implement the interim SR-225 DIF and favored providing the transportation
system that would maintain the City's threshold standards. They supported the reduced EDU rate for
commercial properties but requested that the manner in which those rates were applied be equal and fair.
Under the current recommendation an unequal and higher burden was being placed on commercially zoned
properties that had pre-funded their TRANS DIF improvements in advance of their need but had not yet
pulled their building permits. Those commercial properties that had not yet contributed to the TRAMS DIF
pool would be asked to contribute less than those commercial properties to the tune of $37,000/acre. It was
unequitable due to economics and they did not believe it was the City's intent to penalize properties that
had embraced the City's desire to create a healthy economic environment by funding improvements in
advance. They requested that portion of the fee be modified. He presented a letter from the Von's Company
expressing similar concerns.
Mayor Nader stated he would be very concerned if the City was enacting a program that would subsidize
residential construction at the expense and disadvantage of job generating construction, i.e. commercial or
industrial.
There being no further public testimony, the public hearing was closed.
MS (Moore/I-Ionon) to approve staff recommendation and continue the hearing to a work session/meeting
on 8/26/93.
SUBSTITUI~ MOTION: (Rindone/Nader) to approve the staff recommendation and continue the hearing
to the meeting of 9/7/93 at 4:00 p.m.
Mayor Nader stated he had two concerns: 1) equity - he was not sure it was equitable to have different
developments pay the same fee if their likely burden on the facility was going to be radically different; and
Minutes
July 27, 1993
Page 10
.)
2) how they would affect different types of development which could have different impacts on the public
interest of the City.
VOTE ON SUBSTITLrFE MOTION: approved 4-0-1 with Fox absent.
1S. PUBLIC HEARING WAIVEROFASSESSMFANTSANDFEESASSOCIATEDWITHDEVELOPMENT
OF l COMMUNITY CHURCH - The Redevelopment Agency purchased the former property owned
by Chula Vista Missionary Church on Orange Avenue in order to construct a new library. The church is
requesting waiver of fees associated with development of a new church in EastLake. In addition, the land
has assessments which were levied under Assessment Districts 88-1 and 8S-2. EastLake Community Church
is requesting waiver of those assessments as well. Staff recommends Council accept the report and deny
waiver of any fees. (Director of Public Works, Director of Planning, and Director of Community
Development)
REPORT RESPONDING TO A IZTrlLR RECEIVED BY COUNCIL ON JULY 13, 1993.
CONCERNING THE WAWER OF ASSESSMENTS AND FEES ASSOCIATED WITH DEVELOPMF2CF OF
FJkS'TLAKE COMMUNITY CHIJRCH
John Lippitt, Director of Public Works, stated the request was from the EastLake Church for a waiver of fees
and assessments. Some of the fees, $1,6S0 had traditionally been waived, but other fees had not been and
assessment could not be waived which was approximately $86,000. Because there was relocation assistance
in the mount of $420,000 staff recommended that no fees be waived.
Councilmember Fox requested clarification as to where it indicated there was compensation for some of the
fees included in the $420,000.
Mr. Lippitt stated several deal points had been attached. He was uncertain as to whether the specific fees
had been discussed in detail. A letter had been sent to the Western District of Missionary Church on
2/21/91 stating the estimated fees. The assessments ended up being quite a bit less than estimated.
Clifford Swanson, Deputy Public Works Director/City Engineer, stated Article 14 of the Purchase Agreement,
had an "all inclusive" settlement.
Mayor Nader questioned whether a policy had ever been finalized on waiver of fees for public purpose
fac~ity uses.
Ken Lee, Assistant Director of Planning, stated staff was still in the process of compiling data and it was
hoped that it would be to Council shortly for review.
This being the time and place as advertised, the public hearing was declared open.
· Chuck Bevan, 4432 Vista Nacion Drive, Chula Vista, CA, Trustee for EastLake Community Church,
gave a brief review of the proposed project. For the Church to properly serve the community they felt there
was a need to construct a multi-purpose building to make programs available other than on Sunday
mornings. They wanted to expand their programs to the youth and seniors in the area. They were seeking
assistance in the waiver of $23,262 of processing and user fees. EastLake Development Company had
promised the Church that for each dollar of fees abated they would match dollar for dollar. They believed
the facility would add to the sense of home and community in the area and felt the waiver of the fees was
an investment in the quality of life in the eastern portion of Chula Vista.
Councilmember Fox felt the facility was a golden opportunity for the Church and the City. He questioned
whether the Church would be willing to share use of the facility in the summer with the City for youth
programs.
Minutes
July27, 1993
Page 11
Mr. Bevan responded that would fit in well within the type of facility proposed and within the expectation
they had for the use of that facility. He was sure the Church would work with the City to create a program
so the City could, for a minimal investment, take advantage of a $1.1 million dollar facility in the eastern
area.
Mayor Nader questioned whether the facility included child care facilities, playground, recreational facilities,
and community meeting rooms. He further questioned whether he had a problem in conceptually agreeing
to share those facilities with the community at large if a mutually acceptable agreement could be worked
out.
Bill Armstrong, Pastor, EastLake Community Church, responded they were all under consideration by the
Church. He stated the Church was very excited about that.
Councilmember Moore stated he would not vote for a waiver of fees but would look for an area of some type
of subsidy that would benefit the community. Becoming a parmer could result in a win/win situation.
Councilmember Horton requested input from the City Attorney as to how a partnership with the Church
might violate the Establishment Clause.
City Attorney Booguard stated the Federal Constitution prohibited a city or state aiding in the establishment
of religion. There was a three part test that was provided under the Lemon Case by which any proposal
would have to be evaluated.
Mayor Nader stated the public hearing was still open and deliberations were premature. The direction he
had suggested ea~ier would not be intended to establish religion in any sense and assumed that any
community activities would be of a non-religious community nature.
· Jerry Jamison, 1097 Oleander Avenue, Chula Vista, CA, representing EastLake Community Church,
stated their primary concerns were with the needs of the community. He appreciated the Council's civic
conscience and heart. There was a definite need for youth programs and centers especially in the eastern
area. It was probably the best investment the Council could make, investing a few dollars that guaranteed
major returns for the community and City. The full time staff of the Church was very experienced and had
been involved over the past two years in almost all of the youth programs within the City.
Sid Morris, Assistant City Manager, stated staff would follow Council's direction but it was important to
understand that if Council decided to waive the fees for the assessment districts it was his understanding
that the City would be committing to pay the $86,000 for the Church in total.
Mayor Nader stated staff might look at what it would take to move forward whatever benefit to the
community there could be and how much that would be worth to the City.
There being no further public testimony, the public hearing was closed.
MS (MoorefNader) to continue the request and direct staff to meet with Church officials regarding a
potential partnership contract in the area of joint usage of their facilities to include, but not limited to, a
teen dub, day care center, g3'nmasium, playground, etc.
Mayor Nader stated it was his intent that joint use would not just mean joint use by City government for
City programs but also include use by City residents at large.
Councilmember Rindone stated he was troubled with the motion because if he were a Church official he
would feel that he had one arm tied behind his back and would have to say "yes". He was also looking at
the legal ramifications. If the motion was to delay the item to see what the response was by staff and what
Minutes
July 27, 1993
Page 12
the parameters were he would be comfortable with that. He realized what the City was trying to do and
supported that but he was also trying to look at the issue as a Church official would.
Mayor Nader felt it was a good way to approach the issue. He might personally or philosophically have a
problem with an outright fee waiver, but as an attorney he did know that waiving a fee simply because it
was a church, without the community getting anything back for it would raise legal issues and felt it would
implicate the Establishment Clause concerns raised by the City Attomey. The issue had been researched
before and the conclusion had been that if there was a community purpose that was not related directly to
the practice of religion, but was sensed by City involvement, there would not be an Establishment Clause
problem. The crucial nexus was between the break in fees and potential assessments on one hand and the
community purpose to be seI-~ed on the other hand.
Councilmember Fox stated the Church had indicated they were anxious to enter into negotiations with the
City and therefore he did not feel it was being forced upon the Church. He did not consider it a waiver but
an off-set as the City would be receiving a benefit for the community.
Councilmembers Moore and Rindone felt negotiations should be deferred until the City Attorney advised
Council regarding potential conflicts.
City Attorney Boogaard recommended the matter be referred to staff to work out any agreement that could
constitutionally be worked out with the Church and bring it back to the Council which would be
supplemented with his legal opinion.
SUB,~'fHlff~ MOTION: (Rindone/Horton) to refer the matter to staff to work out any agreement that could
constitutionally be worked out with the Church and bring it back to the Council with the City Attomey's
opinion.
AMENDMENT TO MOTION: (Moore) negotiations would not commence until the City Attorney provided
advice and opinion to the City Council. Amendment not acceptable to the Maker of the original motion.
VOTE ON SUBSTITIYI~ MOTION: failed 2-2-1 with Nader and Fox opposed, Moore abstaining.
Mayor Nader stated the original motion was to refer to staff to negotiate an agreement for community use
with a potential fee waiver with the Church, the City Attorney was to provide staff with advice to keep the
proposed agreement constitutional and return with that to the Council.
VOTE ON ORIGINAL MOTION: appreved 3-2 with Moore and Rindone opposed.
ORAL COMMUNICATIONS
· Carolyn J. Butler, 97 Bishop, Chula Vista, CA, stated she had submitted information to the Mayor
regarding the Border Patrol and urged the City to get in touch with the Section Chief.
BOARD AND COMIVl]SSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
16. RESOLUTION 17205 AMENDING RESOLUTION NUMBER 16708 TO APPROVE AN AMENDED
FORM OF BOND INDENTDILE PERTAINING TO THE ISSUANCE OF BONDS IN ASSESSMENT DIb-fRICT
Minutes
July 27, 1993
Page 13
NUMBER 90-2 (OTAY VAIJ.b:Y ROAD) - On 6/23/93, Council approved the formation of the Assessment
District for the widening of Otay Valley Road. On 6/30/92, Council adopted Resolution Number 16708
authorizing the issuance of bonds, approving the form of the bond indenture and related documents (the
"Resolution of Issuance"). On 7/12/93, the City's Limited Obligation Improvement Bonds, Series A,
Assessment District 90-2 were offered to prospective investors for the first time. However, the underwriting
effort was met with resistance from investors due to greater than ordinary risks associated with the
Assessment District. Concerns were mostly focused upon the Otay Rio Business Park, comprising over 197
accessible acres and its continued ability to make assessment installment payments. Staff recommends
approval of the resolution. (Director of Community Development, Director of Finance and Director of Public
Works)
Chris Salomone, Director of Community Development, gave a brief history of the project and consequences
of going forward, or not going forward, with the bond issue. The proposal was to amend the indenture by
providing some additional credit enhancements. The credit enhancement would be backed up by the City
and secured by a Letter of Credit from the owner of the Otay Rio Business Park. The underwriter, Stoney
Youngbird, felt that would result in being able to place the bonds. He then reviewed the recommendations
for the credit enhancement.
City Attorney Boogaard stated if an agreement was executed, the notion would be that the City would stand-
up for the annual assessments in the event there was default by the owner of the Otay Rio Business Park.
It was an exposure that would run $225,000/year worse case. The City would have the security to foreclose
on the assessments which at worse case could take five years and the City would then be reimbursed for the
monies expended.
Councilmember Rindone questioned the percent of the lien on the property.
City Attorney Boogaard stated the assessment was $.45/sq. ft. and the property had been valued on the
Phase I lots at $4.50/sq. ft. which was approximately 10:1.
Councilmember Horton questioned the debts on the property used for security.
City Attorney Boogaard responded that the north parcel had $2.5 million debt and the south parcel was debt
flee.
Mr. Salomone stated the fifty acres, of which thin'y acres would be purchased for the corporation yard, was
the property with debt.
City Attorney Boogaard stated that was one of the conditions in the first paragraph that would have to be
verified before the City Manager would be authorized to sign the agreement. While there was risk, staff felt
they had done the best they could to mitigate it and still allow the project to go forward.
Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, stated the City was playing rich uncle to
anyone that wanted to do something and were putting the taxpayers money on the line. He had no quarrel
with the proposal as property was substantial to cover the risk but felt Council should be "hard nosed' in
reviewing future projects.
City Attorney Boogaard stated it was an amendment to the bond indenture on the Citys assessment districL
The funds that would be required to stand for the assessment on the Otay Rio Business Park were presently
undefined, the City would be obligated to come up with a source for those funds at the time of default.
Bill Hook, Partner in Stoney Youndbird, stated the interest on the long term bonds was 8%. There was a
series of interest rates that began at about 4 1/2% at the short term of the issue and gradually built up to
8% at the long term. The average interest rate was about 7.7%.
Minutes
July 27, 1993
Page 14
RESOLLrrIOI'q 17208 OFFERED BY COUNCILMEMBER HORTON. AS AMENDED WITH PROPOSALS. reading
of the text was waived, passed, and approved 4-0-1 with Fox absent.
17. REPORT CONSULTANT SRI.RCTION PROCESS FOR GREG ROGERS PARK
IMPROVEMENT PLAN - On 3/2/93, Council directed staff to return with a report which would address
Council's concern on the Request For Proposal (RFP) process used to select a design consultant for the Greg
Rogers Park Improvement Project. Staff recommends Council accept the report. (Director of Parks and
Recreation) Continued from the meeting of 7/20/93.
Jess Valenzuela, Director of Parks and Recreation, stated because the records had not been retained staff felt
the procedure was flawed. There were two raters that were not prepared when they entered the meeting
and had only partially reviewed the proposals that had been submitted. They were reading and scoring
during the process which was also a contributing factor to the flawed procedures used.
Mayor Nader stated he was not sure, based on the answers, that it had been established what the flaws were
and until identified the flaws could not be corrected. He hoped staff would look to make sure the system
was set up and a selection committee chosen in such a way that common sense would not be lost in trying
to objectify the process. If there was a qualified bidder that would do the job for less money, an objective
selection process should not fail to list that bidder. He was concerned the City was off on the wrong track
in stressing the record keeping, scoring, ere.
Sid Morris, Assistant City Manager, stated the system was flawed because the procedures that were to have
been distributed early on in the process were not in place. Staff did not establish what the requirements
would be, how it should be reviewed and implemented, how the scores would be brought forth, etc. As a
result of that it became an interactive process where staff, as a result of not being prepared or not hav~g
reviewed the documents, discussed the procedures and applicants while going through the process. The flaw
in that system was that instead of doing an independent review, staff could have been swayed by other
individual raters comments on the process rather than independently reviewing each of the individual
proposers. By having a system in place, insuring good record keeping, and insuring that the procedures
were set, there would be a better and more independent review.
Councilmember Hotton felt because the City requested a fee in addition to qualifications the fee should have
been given a lot of weight, especially during hard economic times.
Mr. Morris responded the comments outlined by the Mayor and Council would be what staffs intent would
be. It would be an objective rating system but at the same time achieve the common sense approach. Staff
had never been shy about coming back to Council with someone they felt was better qualified and may be
a little higher priced. At the same time, staff had always supported the well qualified applicant that came
in with a good price.
Mayor Nader stated assumed that at a minimum, when there was any reason whatsoever to question that,
when there was an applicant with a lower price or an applicant that by experience or reputation the City
knew was going to do a first class job, that would be brought directly to the attention of Counc~ in a clear
and concise manner in a staff report.
Counc~member Moore felt if Council had a philosophy and rationale they wanted pursued and included in
future review and selection of consultants, it should be made into a motion and voted upon.
Mayor Nader questioned if staff would have an objection to allowing someone that was not a bureaucrat
participate in the selection process, i.e. someone from the Parks and Recreation Commission.
Councilmember Rindone felt that staff expertise was needed and that a commissioner should be advisory
only.
Minutes
July 27, 1993
Page 15
MS CNader/Horton) to approve staff recommendation with the foBowing additions: 1) Counc~ expre~ it~
sense to staff that the objective Bring process should not be a straight jacket and the overriding goal should
always be the best job at the best price and if there was any cause for question that the rating proce~ had
resulted in meeting that goal, all information on competitors would be presented to the policy makers at the
time of decision making with staff recommendation and rationale; and 2) when appointing selection
committees, the rdevant commission be invited to designate a representative with the understand~lg that
if they could not do so in a timely manner that the process would not be hdd up.
Mr. Valenzuela felt the motion directed staff to look at the objective rating system but take it one step
furuher using common sense and identifying price as one of the driving priorities in the criteria as well as
looking at a commissioner to sit on the reviewing committee.
Councilmember Moore questioned whether the recommendation was to include it in the contract policy.
Mayor Nader stated that was correct.
VOTE ON MOTION: approved 4-0-1 with Fox absenL
ITEMS pULI.F.D FROM THE CONSENT C_~I.RNDAR
Items pulled: 5a, 9 and 12. The minutes will reflect the published agenda order.
OTHER BUSINESS
18. CITY MANAGER'S REPORT(S)
a. Assistant City Manager Morris stated the sublessee of the golf course restaurant had declared
bankruptcy. American Golf was in the process of looking for a new operator. Staff was working with the
Attorneys office in the matter.
Mayor Nader stated he had been approached several months ago by the lessee with a proposal they felt
would help them generate more business but were concerned the Civfs permit processing might not allow
them to get underway quickly enough. He questioned whether there had been any problems regarding their
permitting.
Mr. Morris responded that he had met personally with the lessee and staff regarding the processing of their
plans and to the best of his knowledge there were no problems and they were satisfied with the process.
b. Assistant City Manager Morris distributed a letter regarding solid waste.
c. Scheduling of meetings. Council and the County Board had agreed upon two additional meeting
dates for Otay Ranch meetings, 8/25/93 from 3:00 - 7:00 p.m. at the County and 9/13/93 from 3:00 - 7:00
p.m. at the City.
19. MAYOR'S REPORTfS)
a. Reconsideration of 1993/94 budget. Continued fTom the meeting of 7/20/93. Mayor Nader stated
the item was placed in error and requested the item be deleted.
b. Cox Cable adult channel. Continued from the meeting of 7/20/93.
Minutes
July 27, 1993
Page 16
Mayor Nader stated he had received several complaints regarding language of a sexually explicit nature that
had been broadcast on Cox Cable although the picture was scrambled. No one should have to be offended
by material beamed into their home without their request or ability to block it out. There were thousands
of customers that had 'cable ready' televisions and if they did not want the audio beamed in they would
have to call to make a request to have someone come to their home and lock out the channel. He felt that
was unfair, a citizen should not have to cancel their cable service to avoid that or have the burden placed
upon them to not have the material come into their home. He felt the City Attorney should investigate the
matter, look at options, and include as one option to be reviewed, a requirement that a lock-out box be made
available to every citizen with cable service on a cable system that offered sexually explicit material with
that material automatically tuned out unless the customer requested it and chose to pay for it. The burden
of getting such material should be on those that want it. He felt that would be a reasonable balance
between the need to avoid government censorship and the need to protect the privacy of homes and the
parents right to protect the moral content of material their children were exposed to.
· Steven C. Collins, 5159 Federal Boulevard, San Diego, CA, representing Cox Cable San Diego, gave
a brief background of adult entertainment offered by Cox Cable. Spice was launched on 7/1/93 and was
only accessible with a decoder and all decoders had a parental lock-out. The majority of their 31,000
subscribers in Chula Vista had the decoder boxes. The 11,000 subscribers that had cable ready sets and the
vast majority of those had an erase or lock-out function. For those customers that did not have that feature
Cox would make a box available to them upon request. For those that did not want a box, they would put
a trap on their line at the pole which would eliminate the signal completely. They realized the programming
was not appropriate for children and may be offensive to some adults but they were making every effort to
satisfy both sets of subscribers. The service was available to 200,000 subscribers in the upgraded areas and
they had only received a handful of complaints.
Frank Jordan, 2857 Imperial Avenue, San Diego, CA, representing the San Diego NAACP, stated he had
received complaints and felt that an awareness campaign needed to be done to let people know their homes
were being invaded and that lock-out boxes were available. He requested that Cox be a good corporate
neighbor and let everyone know that it was coming into their homes.
Mayor Nader questioned why it was not possible to put the system in reverse, i.e. the system would be
automatically Ixapped and those wanting the service could call and have it untrapped.
Mr. Collins responded it was not cost effective.
MS (Nader/Horton) to direct staff and the City Attorney to examine options for the purpose of preventing
explicit materials from coming into homes that do not want to have it through the cable system. Those
options should include but not be limited to: 1) having the system set up in reverse, the channel would be
automatically blocked unless someone specifically asked to have it unblocked; and 2) every cable customer
on a network carrying that type of material be provided a lock out box with the cost to be preferably carried
by those choosing, on a pay-for-view basis, to have sexually explicit material. If staff came up with other
options he would also want to e~amlne those.
Councilmember Moore felt the first step should be to provide the business the option of solving the problem
within a given time. If the problem had not been taken care of by that time then there could be Council
action. Homes could be notified through the Citys quarterly newsletter.
Mayor Nader stated it was the intent of his motion that staff would explore options and work with Cox
regarding the development of those options. Cost effectiveness or economic to Cox was not the number one
priority, the number one priority was protection of kids and parental rights.
Councilmember Moore questioned how much staff time and effort would go into developing the options and
what the priorities were of business. If he did not like what was on television, he could turn off his
television, but there were a number of other things staff was working on where that could not be done.
Minutes
July 27, 1993
Page 17
Mayor Nader sated there were other things that staff needed to do and hoped it would not take long for
them to look at the options, have one meeting with Cox and come back to Council with a recommendation.
VOTE ON MOTION: approved 3-1-1 with Moore opposed, Fox absent.
c. Mayor Nader stated there would be a meeting of the Interim Solid Waste Commission at the County
on 7/28/93 at 8:00 a.m. There was a letter over his signature summarizing the City's position which would
be handed out. There had been a suggestion made that Council continue the present meeting to that
meeting so three or more members of Council could be there, but it was his understanding that fithere were
three or more members of the Council present, as long as they did not interdeliberate among themselves on
City decisions, there was no legal reason why three or more members of the Council could not be present.
He felt it would be appropriate for Councilmember Rindone or staff to report back to Council at the next
regular meeting and deliberations would take place at that time. He would not want interdeliberation to
occur without the full Council. He had talked to Supervisor Slater and it was her opinion that the existing
agreement already implemented the two conditions of the E1 Cajon resolution. After discussing it with the
City Attorney, it was their opinion that the Supervisor was misreading the language and one of the
provisions of that agreement regarding bonding. He suggested that because Supervisor Slater intended it
be a condition of the agreement, that any agency could withdraw up to one year if the County went to bond
during that time without the approval of the majority of the commission, perhaps it would be useful to
suggest at the meeting, on the City's behalf that language be drafted to implement that condition legally.
If that were done, he felt everyone would be back in business.
Councilmember Fox arrived at the meeting at 9:1S p.m.
d. Mayor Nader stated he had talked with Senator Feinstein regarding the airport issue and she had
reassured him that she would remain neutral on the issue. She was clearly coming under increasing
pressure from those supporting the bi-national airport to overturn what Congressman Filner was doing when
the House Appropriation Bill went to the Senate side. She felt it was a local issue and did not want the
Federal Government giving orders in either direction in the absence of a regional consensus. He felt it
would be helpful and appropriate for letters and phone calls to Senator Feinstein expressing appreciation
for her deference to the local representatives on a local issue. Contrary to what she might read,
Congressman Filner was representing the district and fulfilling a campaign pledge.
20. COUNCIL COMIVIEINTS
Councilman Fox
MSC (Nader/Moore) to continue the meeting past 10:30 p.m. to complete the City Council agenda,
Redevelopment Agency agenda, and dosed session items. Approved 4~1 with Horton opposed.
· Review of Police Department policy regarding minor narcotic law violations on school campuses.
Continued from the meeting of 7/20/93.
Councilmember Fox stated at the recent Youth Summit he had an eye-opener regarding drugs, i.e. with
certain violations the City Police Department was not involved and the youth possessing drugs may not come
in contact with law enforcement officials. The decisions were usually made by other than police officials
as to what would be done with those individuals. He believed that any youth that had drugs on the school
campus should be arrested, no matter the amount, which would result in the filing of a police report.
School officials should be the educators and not the law enforcers. It had also come to his attention that
policies were different between the various districts and was convinced there were communication problems
between the City and the school campuses. He suggested Council direct City staff to work with the
appropriate staff of the Sweetwater Union High School District and the elementary school district to clarify
Minutes
July 27, 1993
Page 18
what the policies were regarding youth possessing drugs of any amounts and what happened to those youth.
Once that report was before Council the City could reconcile it with the appropriate law and action.
Mayor Nader stated he did not want to jump to conclusions or point fingers but did want to make sure that
the worse implications of what they had heard could not happen in reality. He suggested two parts: 1)
direct the City Attorney to come back with an ordinance that would make it an offense for any person to
knowingly withhold information from the Chula Vista Police Department as to the presence of illegal drugs
on any school campus in Chula Vista; and 2) any time the district attorney declined to file a drug case
submitted by the Chula Vista Police Department that case would be reported to the City Council. He felt
that would deal with two issues: 1) it would be very clear that it would not be within any adults discretion
to confiscate illegal drugs and not report it to the Chula Vista Police Department on a school campus; and
2) it would assure that if in fact the district attorney declined to file a drug case for whatever reason,
information would be made known to the public through the Council. The allegation had been made that
certain issuing deputies might be declining to file cases not because the evidence was lacking but because
in their judgemerit the case was not particularly important.
MS (Nader/Fox) to direct the City Attorney to come back with an ordinance that would make it an offense
for any person to knowingly withhold information from the Chula Vista Police Deparlxnent as to the presence
of illegal drugs on any school campus in Chula Vista; and 2) any time the DislTict Atl:oruey declined to File
a drug case submitted by the Chula Vista Police Department that case would be reported to the City Council.
Councilmember Rindone felt that sometimes information was given with the best intent but could be
construed inappropriately and may not be fully accurate. He felt Councilmember Fox's intent to gather
information was appropriate. The interest in facilitating the professional working relationship between the
local law enforcement officers and officials in all school districts was very wise.
Councilmember Moore stated part of the motion was an ordinance and he would rather see the City work
with the school leadership in helping them to strengthen their drug policies on the school campuses. He
felt the City was entering into an area that was unenforceable.
SUBb'I'I IlJTI~ MOTION: 0Slader/Fox) to direct that the City Attorney and staff work with the school district
to develop an ordinance to bring back for Council review. Substitute Motion not agreeable to the Second
of the motion.
Mayor Nader stated his intent was not a policy directed to school administrators but anyone that had
knowledge of drugs on the school campus. He would like to see the City work with the school districts.
VOTI~ ON ORIGINAL MOTION: failed 1-4 with Fox, Horton, Moore, and Rindone opposed.
MSC (Nader/rFox) require that when the District Attorney declined to file a drug case submitted by the Chula
Vista Police Department that case would be reported to the City Council. Approved/I-1 with Horton
opposed.
MS (Fox/Nader) direct staff to contact the appropriate staff at the Sweetwater High School District, Chula
VLsta Elementary District, and Southwestern College to clarify what the policies were within those districts
regarding possession of drugs on campus and how they dealt with individuals, especially students, and how
the Police Depm tment reacted, theirnormal routine and policies, and what problems they encounten~L He
also wanted to know if there were unreported cases of students possessing drugs and if the schools handled
it on their own. Staff is to include any suggestions on how the school resource officers cotrid help in
implementing slronger policies~
Mayor Nader felt the intent of the motion was that City administration would contact the administration of
the various districts.
Minutes
July 27, 1993
Page 19
VOTE ON MOTION: approved unanimously.
Reconsideration of three requests for reclassification that were frozen at the 7/13/93 Council
meeting:
· Senior Accounting Assistant to Collection Supervisor in the Finance Deparunent.
· Administrative Analyst II to a Senior Management Analyst in the Management and
Information Services Department. No action taken.
· Associate Planner to Senior Planner in the Planning Department. No action taken.
Councilmember Fox stated his concern was due to the impacts to revenues to the City. He felt the primary
duty of the Collection Supervisor would be to collect uncollected revenue to the City and questioned the
impacts.
Sid Morris, Assistant City Manager, responded the impact to the City would be at a minimum $110,000 or
more of new revenues generated to the City. The Civil Senrice Rules required the position be discussed, not
the person. There was a person doing that work presently, but under the rules and regulations, that
individuaI would be required to test for the position and may or may not be selected for the position. The
person was doing the work out of class at the present time but if the reclassi~cation was not approved those
duties would be down graded to be more consistent with the present classification which was the Senior
Accounting Office Assistant.
Cheryl Fruchter, Revenue Manager, stated the position had evolved over the past one and one half years as
the department had been automated and streamlined. Many of the clerical duties had been eliminated and
they were trying to take over duties that had been done by other departments, i.e. alarm permits, false alarm
billings, more business license activities, run AB408 in house, etc. To properly supervisor the ROP students
and volunteers and run the programs they needed a higher classification. With the current staffing and level
of staff in the Finance Department there was no one at a high enough level to do those things and continue
the other revenue generation activities.
MS (Fox/Moore) to redassify the Senior Accounting Assistant to a Collection Supervisor in the Finance
Department unfreeze Council's prior action to that position.
City Attorney Boogaard stated the motions made on 6/15/93 and 7/13/93 included the notion that Council
could come back on a case by case basis which would constitute reconsideration as much as it would
constitute exemption.
Mayor Nader questioned if the motion was passed if new people would be hired. He questioned whether
it would be promotional or if the position would be open to the public. If hired from within the old position
would not be ~lled.
Mr. Morris stated the Mayor was correct, there would be no change in the number of personnel.
Mayor Nader stated the Civil Service Rules was the only issue for consideration. The City would not be
making more money by reclassifying the position if someone was already on board doing the job. Council
would be reclassifying the position so the person doing the job would be working within their class. He was
upset that the reform of the Civil Service Rules had been hanging around and had not been brought to
Council. Perhaps the reformed rules could have kept the City out of the spot they had been put into with
that position.
Mr. Morris stated the reform of the Civil Service Rules was not in the City Managers office. It was his
understanding there was an effort between the City Attorney's Office and the Personnel Department to
reevaluate and rewrite those rules. Substantial progress had not been made on that effort. He also felt it
was a Meet and Confer Issue.
Minutes
July 27, 1993
Page 20
City Attorney Boogaard stated Mr. Rudolph had been working with the Personnel Department for many
months and he was not sure that the out of class rule was the subject of any proposed amendment. That
particular issue could be brought back as a separate issue if Council wanted it advanced.
VOTE ON MOTION: approved 3-2 with Horton and Nader opposed.
City Attorney Boogaard stated there was an issue regarding the number of votes required to pass the motion.
It depended upon what Council's intent was when they stated "freeze the reclassifications". It was his
judgement that Council meant it would be like a hiring freeze and would require a case-by-case exemption
which would be a designation of authority to fill rather than a budgeted position.
Mayor Nader stated that was his intent at the time he made the motion, therefore, it would take a majority
vote of the Council,
Councilman Moore
· Reconsideration of Solid Waste Management Agreement and eligibility to serve on Interim
Commission by listing areas of concern as understandings versus conditions and that the various City's items
of understanding to be among the first order of business of the Commission. Continued from the meeting
of 7/20/93.
Councilmember Moore withdrew his comments as they had been overtaken by events.
· Letters to Mayors of Imperial Beach, National City, and City of San Diego regarding Eighth District
area and County Board of Supervisors regarding First District south of SR-54 urging them to join Chula Vista
in a unified effort regarding a basic divergence program and a follow-up meeting with Presiding Juvenile
Judge Pate, Probation Department, and District Attorney's Office. Goal is to agree upon a minimum
offer/court free of thirty days of community service with parent presence for fifty per cent of the service
when youths are apprehended in acts of graffiti application. Continued from the meeting of 7/20/93.
Councilman Rindone
· Councilmember Rindone stated he would be representing the City at the Solid Waste meeting at the
County on 7/28/93, He would also be sharing with them part of his seventeen transparencies to show the
signatory cities the benefits that would accrue to them by looking at the regional issue.
Councilmember Moore stated when Councilmember Rindone appeared at the meeting he would be speaking
as an individual member.
MOTION: (Moore) to authorize Councilmember Rindone to speak on behalf of the Council before the Interim
Solid Waste Commission.
Mayor Nader stated the City Charter provided that the Mayor spoke on behalf of the Council when there was
a Council position unless the Council designated otherwise. It also provided that the Mayor Pro Tem, in the
absence of the Mayor, would have that authority.
Councilmember Moore stated it was his interpretation that the Mayor was the principal speaker for the City
but not the only speaker for the CiW.
Mayor Nader seconded the motion, approved unanimously.
Councilmember Moore requested the City Attorney provide the Council with a verbatim of what the Charter
said regarding who spoke on behalf of the City. The City Attorney could also include his interpretation.
· Evaluation criteria for City Manager and format. Continued from the meeting of 7/20/93.
Minutes
July 27, 1993
Page 21
Councilmember Rindone stated there had been a referral to the City Manager to provide Council with
formats and clarifications of areas for the evaluation of the City Manager. He questioned whether that
information was available.
Sid Morris, Assistant City Manager, stated he had talked to the City Manager and had been informed that
it was his understanding that Council was looking for him to return with information as to a proposed
format that would allow for Council's evaluation of the City Manager and might be adapted to both the City
Attorney and City Clerk. He indicated he had information from a variety of sources but it had not been
synthesized into a single format for Council review. It was his intent upon returning to bring that forward
to Council within a week after his return.
Councilmember Rindone suggested the raw data be provided to Council for their perusal and then upon the
return of the City Manager hear any recommendation he may have. No decision or final format would be
made until the City Manager returned. He did not feel that efforts in the past were not evaluations but an
overview and review of priorities. Council, and previous Council's, had been remiss in that area. He felt
that before setting a date for the City Managers evaluation they needed to firm up the evaluation tool and
format.
Mayor Nader felt Councilmember Kindone was right except that it had been over three years since the item
had been brought forward. In order to ensure that it was done, he suggested the City Manager's evaluation
not be delayed and it be made clear to the City Manager that Council expected the material to be brought
back to them to develop criteria prior to the next evaluation.
MSUC (hlader/Fox) to find there was an urgency and add the following two items to Closed Session: 1)
potential litigation punuant to Government Code Section 54956.9 - Texaco vs. the City of Chula Vista; and
2) instruction to negotiators pursuant to Government Code Section 54957.6 - Auto Park.
ADJOURNMENT
The City Council recessed at 11:24 p.m. and reconvened in a closed session at 12:50 a.m. to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 7/20/93.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding booking fees. Continued from the meeting of 7/20/93.
Evaluation of City Manager pursuant to Government Code Section 54957. Continued from the
meeting of 7/20/93.
Pending litigation pursuant to Government Code Section 54956.9 - Jones Intercable. Continued
from the meeting of 7/20/93.
ADJOUP, NMENT AT 1:12 A.M. to the Regular City Council Meeting on August 3, 1993 at 4:00 p.m. in the
City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 11:25 p.m. and adjourned
at 12:45 a.m.
Respectfully submitted,
-. BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki C. Sod~'fquist, Depu~C~ Clerk