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HomeMy WebLinkAboutcc min 1993/08/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 3, 1993 Council Chambers 4:06 p.m. Public Services Building CALL TO ORDER PRESENT: Councilmembers Fox, Horton (arrived at 4:22 p.m.), Moore (left at 7:3S p.m.), Rindone, and Mayor Nader ALSO PRESENT: Jim Thomson, Deputy 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 MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: Representative Tom Cormoily, 77th District, presented a proclamation to Pamela Smith in recognition of her senrice to numerous social service agencies in the City of Chula Vista and the Southbay. CONSENT CALENDAR (Items pulled: 5a, 5d, 6 and 10) BALANCE OF THE CONSENT C~I.F. NDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Horton absent. 5. WRH'I'EN COMMUNICATIONS: a. Letter requesting the City enact a moratorium, effective as soon as possible, to temporarily cease issuance of taxicab permits - Thomas F. Larwin, General Manager, Metropolitan Transit Development Board, 1255 Imperial Ave., Suite 1000, San Diego, CA 92101-7490. Staff anticipates returning to the City Council with a recommendation regarding this matter within the next three weeks. Therefore, it is recommended that action on this item be deferred until such time as the City Council has reviewed the staff report and recommendation. Mr. Lanvin will be notified of staffs intent to bring the matter forward in the near future. Pulled from the Consent Calendar. · Don Wallace, 512 Tamarack Court, Chula Vista, CA, representing Chula Vista Taxi, stated it was his understanding the City had received a letter from MTDB requesting the City restrict the number of cabs in the City. It had been a decade old policy to have a free market in the City and several of the independent owners would like time to scrutinize the letter and respond before action by Council. MSUC (Nader/IVloore) to approve the staff recommendation. b. Claims against the City - Harriet B. Owens, P.O. Box 120252, Chula Vista, CA 91912. It is the recommendation of the City's claims adjustors, Carl Warren & Company, and Risk Management, that the claim be denied. Minutes August 3, 1993 Page 2 c. Letter of resignation from the Safety Commission - Frank E. Chidester, 38 E. Donohoe, Chula Vista, CA 91911. It is recommended that the resignation be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. d. Letter requesting a conlribution of $700 to be used to help pay for the Palomino Baseball Team's trip to Riverside on 7/26/93 through 7/30/93 - Robert Coons, Executive Director, United States Institute of Amateur Athletics, 431 North Highland Ave., Ste. C, National City, CA 91950. It is recommended that due to the Cit~s current financial situation, the request for funding be denied. Pulled from the Consent Calendar. MSUC (FoX/l~loore) to approve staff recommendation. Councilmember Rindone stated Council had made a referral for a proposed policy regarding conttibutions. He did not like to address requests arbitrarily and felt there needed to be a criteria and consistency. Councilmember Moore felt if the policy was to consider requests on a case-by-case basis there needed to be a budget item. 6. ORDINANCE 2564 AMENDING MUNICIPAL CODE SECTION 5.54.090 0NSURANCE REQUIRED) OF CHAPTER 5.54 (TAXICABS) TO REDUCE THE AMOUNT OF INSURANCE FROM $500,000 TO $300,000 AND TO AMF_a'qD THE MINIMUM CRITERIA FOR FINANCIAL STRENGTH OF TAXICAB INSURERS (first reading) - The ordinance will reduce insurance requirements for taxicab operators from $500,000 to $300,000. Staff will begin reviewing one or more insurance policies to ensure compliance with the Code. Staff recommends Council place the ordinance on first reading. (Director of Personnel) Pulled from the Consent Calendar. · D.W. Hedrick, 528 Oaklawn, Chula Vista, CA, representing the Red Cab Company, stated he suppotted the recommendation but expressed concern that his insurance policy would expire 8/15/93 and questioned whether the ordinance could take effect immediately. Mayor Nader questioned whether there was any reason the Council could not enact the item as an urgency ordinance. City Attorney Boogaard stated there needed to be some immediate threat to health, welfare, or safety in order to adopt an urgency ordinance. Councilmember Rindone stated staff had recommended they be allowed to administratively provide a transitional period where the owners would not be required to provide additional insurance, above $300,000, and that it would be specifically waived for any individual who had insurance that expired prior to the effective date of the ordinance. Mayor Nader agreed that it was his understanding that relief would be administratively until the ordinance went into effect if placed on first reading. ORDINANCE 2564 PLACED ON FIRST READING BY MAYOR NADER, reading of the text was waived. Councilmember Rindone questioned why staff would randomly review policies rather than requiring all permittees to provide verification of insurance. Diana Levin, Risk Manager, stated that reading insurance policies was very time consuming and the department did not have sufficient staff. They normally relied on the Certificate of Insurance. Staff felt that randomly reviewing policies would create an atmosphere where operators would comply with the Code requirements. Minutes August 3, 1993 Page 3 Councilmember Rindone stated his intent was not that staff would be reading all of the insurance policies but a verification from the Certificate of Insurance that the minimal coverage being required was met. Then if policies were read randomly it would be sufficient. If the ordinance was modified to require submission of the Certificate of Insurance, upon either a new application or renewal, it would address his concerns. He was concerned there was currently no check at all and did not feel that was acceptable. City Attorney Boogaard stated the ordinance already required the delivery of the Certificate of Insurance. It would be up to the administrator to decide the proof of the actual insurance. It would be an administrative policy or direction. Councilmember Rindone questioned the Best Key Guide Rating of A-5 or better. Ms. Levin responded the Best Key Guide was comparable to Moodys Bond Guide Rating where insurance companies were ranked on overall performance, management philosophies, and policy holder assets. An A ranking would indicate they had an excellent overall performance and had policy holder assets between $10- $25 million. It was an industry wide accepted method of rating insurance carriers. A-5 met the City's standards. Councilmember Rindone questioned what was provided for penalty other than discontinuance of operation if a owner was driving without insurance. City Attorney Boogaard responded the ordinance provided that if they had lied on their insurance certificate the City could revoke the business license which would result in the complete cessation of business in the City. There were no fines provided for. He was unaware of any real standard for taxicabs and staff did not propose fines in that section. Mayor Nader questioned whether there was a declaration the applicant had to sign when applying for a license. City Attorney Boogaard did not believe the business license form had such a declaration included. He felt the revocation of the business license was more significant than any fine the City would be able to impose as a criminal violation. Mr. Hedricks stated the only way the City would know whether a company was insured was with a policy. The Certificate of Insurance did not mean anything. City Attorney Boogaard stated falsification of a Certificate of Insurance would require the conspiracy of a broker to falsify the document. He did not feel brokers, for the premium they received, would be willing to join in such a conspiracy. Councilmember Fox questioned whether the City was listed as an interested party on the Certificates of Insurance. Ms. Levin responded the City required they be an additional insured on a policy endorsement which was attached to the policy. VOTE ON ORDINANCE 2654: approved unanilnously. MSUC (Pdndone/B4oore} to direct staff to do the following upon implementation of the ordinance: 1) of all applications for permits or renewals must attach a Certificate of Insurance, and 2) staff would randomly verify 200/0 of actual policies for a one year period. Minutes August 3, 1993 Page 4 7. RESOLUTION 17208 ALLOWING THE CLOSURE OF THIRD AVENUE FROM "E" TO 'G' STREET IN ORDER TO CONDUCT A FESTIVAL ON AUGUST 9.9., 1993, WAIVING OF THE SIDEWALK SALES ORDINANCE, AND WAIVING OF THE BUSINESS LICENSE FEES FOR THE 1993 THIRD AVENUE FESTIVAL- The Chula Vista Downtown Business Association is requesting permission to close Third Avenue between "E" and "G" Street in order to conduct the Third Avenue Festival on Sunday, 8/22/93. Staff recommends approval of the resolution. (Director of Community Development) 8.A. RESOLUTION 17209 APPROVING A SUPPLEMENTAL SUBDMS1ON AGBERMENT WITH THE DEVELOPER OF EASTLAKE GRF. F. NS UNIT 14 SUBDM SION NEEDED TO SATISFY TENTATIVE MAP CONDITIONS OF APPROVAL NUMBER 30 AND 31(C) - On 7/2S/89, Council approved the Tentative Subdivision Map for Tract 88-3, EastLake Greens. The Final Map and associated agreements for Unit 14 are now before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works and Director of Planning) B. RESOLUTION 17210 APPROVING FINAL MAP OF TRACT 88-3, FAS'HJd(E GR~NS UNIT 14, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRAN'ITe. D ON SAID MAP AND ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDM SION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDM SION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR TRACT 88-3, EASTLAKE GREENS, UNIT 14 9. RESOLUTION 17211 APPROVING THE FILING OF AN APPLICATION FOR CONGESTION MITIGATION AND AIR QUALITY FUND (CMAQ) UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT 0STEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZRD REPRESENTATIVE FOR THE PROGRAM - The CMAQ Program was enacted as part of the ISTEA of 1991. The San Diego County area is scheduled to receive more than $12.7 million over six years under the program. Projects must be used for transportation improvements that enhance air quality. The State has determined that signal timing enhancement, traffic signal equipment upgrade, and traffic signal computer control equipment are high priority under the CMAQ Program. Traffic Engineering staff believes that the City's existing computerized traffic signal system which is five years old has limitation on its ability to respond to continuous changes in traffic flow. State of the art signal timing system referred to as "Split Cycle-Time and Offset Optimization Technique" (SCOOT), provides an opportunity to the City to make the signal system more responsive to changes in traffic patterns and peak hour volumes. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 17212 AMENDING SCHEDULE 1I SPECIAL STOPS REQUIRED AND APPROVING ALL-WAY STOP AT SECOND AVENUE AND 'C' STREET - Staff established an all-way stop via a trial traffic regulation at the intersection of Second Avenue and "C" Street. The trial traffic regulation has been in place for eight months and staff and the Safety Commission recommend that it be made permanent. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. RESOLUTION 17212 OFFERED BY MAYOR NADEIL reading of the text was waived, passed and approved 40-1 with Hoffon absent * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. . ) Minutes August 3, 1993 Page 5 ORAL COMMUNICATIONS · Helen Stokes, 1543 Max Avenue, Chula Vista, CA, representing Meals-On-Wheels Resale Boutique, stated the fire at Oxford center destroyed their entire boufique. She thanked the Chula Vista Fire Department for the assistance and expertise. BOARD AND COMMISSION RECOMMENDATIONS 11. Request by the Parks and Recreation Commission that Council meet,/n a workshop setting, with the Sweetwater Union High School District Board to lay the groundwork for a comprehensive agreement for the joint use of Disttict facilities - Bob Lind, Chairman, Parks and Recreation Commission. Staff recommends that the City Manager and the Director of Parks and Recreation meet with the School Superintendent before a joint meeting is arranged. MS CNader/Fox) to approve the staff recommendation. Councilmember Moore felt the first line of business would be an official request from one elected body to the other over the Mayor's signature. Mayor Nader stated he would incorporate into the motion that staff was to prepare a letter for the Mayor's signature requesting the meeting; amendment agreeable to the Second of the motion. Councilmember Rindone stated he supported the motion and once the sessions had been completed with the Sweetwater Union High School District Board he would like the Council to also work with the Chula Vista Elementary School District. VOTE ON MOTION: approved 4-0-1 with Horton absent. ACT[ON ITEMS 12. RESOLUTION 17213 WAIVINGTHEFORMALBIDDINGPROCESSANDALrrHORIZINGTHE~fiy MANAGER AND THE PUBLIC WORKS DIRECTOR TO ENTER INTO IMMEDIATE, INFORMAL BID NEGOTIATIONS WITH VENDORS AND AWARD CONTRACT TO THE LOWEST RESPONSIBLE INFORMAL BIDDF. R, FOR THE IMMEDIATE REPLACEMENT OF DAMAGED CHIIJ.RR UNITS AT THE CHULA VISTA PUBLIC LIBRARY AT 365 'F' STREET - On 7/20/93, an unscheduled power outage in Chula Vista caused a system failure to one of the two existing 75 ton chiller units at the Public Library. The 7S ton compressor motor failed due to the fact that the old equipment does not have phase protection as modern equipment does. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. Councilmember Fox questioned how much time would be saved if Council approved the staff recommendation. David Byers, Deputy Public Works Director/Operations, responded that it would save approximately two weeks if staff made the decision. Altogether it would be a savings of three months. Councilmember Rindone felt it was a reasonable approach but if staff discovered the bid would not go to the lowest bidder he expected to be brought back to Council with justification of staffs position. Councilmember Horton arrived at 4:22 p.m. RESOLUTION 17213 OI~'I'I/.RED BY COUNCILMEMBER RINDONE, reading of the text was waived. Minutes August 3, 1993 Page 6 Councilmember Rindone questioned whether the City would recover any of the costs from the insurance company. Jim Thomson, Deputy City Manager, responded that the insurance company was conducting their own investigation and staff would provide Council with an informational report. VOTE ON RESOLUTION 17213: approved unanimously. ITEMS PUIJ.RD FROM THE CONSENT CAI.ENDAR Items pulled: Sa, Sd, 6 and 10. The minutes will reflect the published agenda order. OTHER BUSINESS 23. La'iY MANAGER'S REPORT(S) a. The start of the joint use operation at the EastLake High School began on 8/2/93. The hours would be 3:30 - 8:00 p.m. Monday thru Friday and 10:00 a.m. - 4:00 p.m. on Saturday. The grand opening would be held on 8/14/93 from 10:00 a.m. to noon. b. Mr. Thomson stated the City Attorney needed to bring up an item off the agenda related to the issuance of the bonds for the Otay Valley Road project. MSUC 0Nlader/Fox) to find an urgency arose regarding the bonds for the Otay Valley Road project after the ,. preparation of the agenda and could not reasonably wait until the next regular Counc~ meeting. ~ City Attorney Boogaard stated the item was addressed by Council at their last regular meeting relating to Assessment District 90-2, widening of Otay Valley Road bonds. Council had agreed to provide a limited credit enhancement on the bonds for the Otay Rio Business Park lots pursuant to four conditions. Those required that an agreement be reached with the owner of the Otay Rio Business Park and that agreement had not been readily forthcoming. Staff requested the prior authority be modified to give the City Manager the discretion to issue either Series A bonds on Phase I or as originally planned, Series A and B bonds on the condition he could reach an agreement, satisfactory to him, with the owner of the Otay Rio Business Park on Conditions A, B, and C as he could obtain prior to Friday. The only risk associated with that additional authority was that the City Manger could find that he could not get the additional two year letter of credit security from the owner of the Otay Rio Business Park, or the right to withhold $320,000 out of the purchase price on the purchase of the Corporate Yard from the owner of the Otay Rio Business Park. There was a little added risk but it was fully protected by the right to foreclose on the property if the assessments were in default. MSUC 01indone/Nader) to approve the City Attorney's recommendation. 14. MAYOR'S REPORTfS) a. Ratification of appointment: Martha Villegas - Board of Ethics. MSUC (Nader/Fox) to ratify the appoin~nent of Martha Viflegas to the Board of Ethics. IS. COUNCIL COMMENTS Councilman Rindone a. New option: working group for solid waste solution. Minutes August 3, 1993 Page 7 George Krempl, Deputy City Manger, stated the County Board of Supervisors had endorsed the recommendations of the Interim Commission of 7/28/93. Those recommendations were to: 1) extend the deadline until 8/27/93 for cities to join the Interim Commission and sign the interim agreement; and 2) they endorsed an amendment to the agreement, called the Second Amendment to the Interim Agreement, which added a clause to Section 3.8 and stated the County agreed they would not issue solid waste facility bonding prior to 6/1/94 without a majority recommendation for approval by the Interim Commission. No consensus was reached at the meeting in El Cajon. A number of the cities (Carlsbad, Vista, Santee, E1 Cajon, and Imperial Beach) appeared to be leaning toward joining the Commission if the Second Amendment was approve& The rationale fell into two areas: 1) there had been considerable movement by the County and Commission and that it was better to be a member on the inside participating on the Commission than being on the outside; once seated on the Commission they would constitute the majority viewpoint and be able to dictate a satisfactory resolve of the issues still on the table; and 2) from a practical ~nanci~ll economic perspective that bonds would not be issued or underwritten if a dissenting agency did not agree to the issuance of the bonding. The non-signatory cities remaining were Oceanside, Escortdido and Chula Vista, which constituted a significant portion of the remaining waste flow. The position of those cities was still very much what it had been. Councilmember Rindone questioned whether the 5/31/94 escape provision was still possible. Mr. Krempl stated it was based upon an opinion by County counsel and the attorney representing the City of Poway. Staff had concern that it was merely an opinion and was not incorporated into the actual language of the agreement. Councilmember Rindone questioned if the new amendment the County was proposing stated unequivocally that even if they decided to bond, bonding would not take place earlier than 6/1/94. Mr. Krempl stated it was not in the formula but staff felt it was still important and needed to be recognized. Mayor Nader stated the County counsel's opinion was that the agreement actually allowed a city to withdraw any time prior to 5/31/94 if they had not already agreed on governance. He questioned if Council passed a resolution agreeing to join the Interim Commission, with part of the resolution memorialized that the City was doing so on the reliance of County counsel's opinion, if it would create a strong case for the City. City Attorney Boogaard stated it was an argument, but the City would be better protected by having the opinion codlfied in the actual agreement. The problem with the opinion was that there were sections of the agreement that were inconsistent with the opinion. Even if it was in the contract the City would be best served by having the Commission and each of the cities agree upon a permanent governance entity before they agreed to take up the San Marcos financing. Mayor Nader stated if County counsel's opinion was correct and the court accepted the Citys reliance on it, the City could pull out the minute financing was placed on the agenda. City Attorney Boogaard stated that by a literal reading of the opinion that was correct. Councilmember Moore questioned whether the discussion was within the agendized item. City Attorney Boogaard felt it was proper to discuss the issue under the agendized item. Councilmember Rindone stated the main thrust was to protect the ratepayers. Council needed to keep an open mind. If an alternative could be found for the landfills that was less expensive to the ratepayers then that should be the goal. He felt the City was creative enough to find an alternative that would be less expensive for the ratepayers. If there was a penalty for two months or ten months, etc. but nineteen years of high landfill costs could be avoided, it was worth taking it on the chin. The long term interests needed to be protected. Minutes August 3, 1993 Page 8 MS (Moore/PAndone) to direct staff to report back to Council with a breakdown of all the elements of operating the County solid waste management system including a staflhg breakdown for each element of the system, cost basis per year (average cost per year), and the cost to line and cap landfills. Councilmember Hotton requested staff include the amount of money in the County's enterprise account to clean-up old landfills. Request agreeable to the Maker and Second of the motion. VOTE ON MOTION AS AMENDED: appreved unanimously. Mayor Nader stated there were matters regarding potential litigation that Council needed to discuss in Closed Session before they could be fully aware of the options available. He might have his vote on the public side of the item influenced by the actions possibly taken by Council regarding potential litigation. City Attorney Boogaard urged Counc~ to meet in Closed Session to discuss the imminently pending litigation. He recommended Council make a special finding to place the item on the agenda as the matter arose after the preparation of the agenda, i.e. the deadline was 8/3/93, and based on the Council's decision to join or not join, the surcharge was ongoing and if there was not a recommendation to join the commission at the meeting the City either needed to institute litigation immediately or make a decision to defer it. MSUC (Nader/Rindone) to discuss pending litigation pursuant to Government Code Section 54956.9 ~ City of Chula V'ksta vs. County of San Diego regarding tipping fee surcharge in Closed Session. Mr. Krempl reviewed the outstanding concerns with interim agreement. One concern was the potential of twenty year exposure to the City of committing the waste flow and being subject to higher tipping fees and not having control over what those fees could be. That could come about under the following scenarios: 1) if the County decided to proceed with issuance of San Marcos bonds, and 2) some of the more recent opinions and language which would revert a decision on the issuance of bonds to first a majority vote of the commission prior to action by the County. A majority of the commission, in terms of numbers of cities, could st~l in fact represent a minority amount of the total trash flow. Nine smaller cities could agree to issue bonds which would be against the interest of the larger cities, the ones that controlled the majority of the trash flow. Councilmember Rindone stated the aggregate amount of trash flow of the nine smaller cities was less than 25% of the County flow. He referred to the 7/30/93 memo from Mr. Krempl which indicated that if the City did join it should be a condition that it would be based on the majority of the flow, an aggregate flow of 50%. Mr. Krempl reviewed potential solutions: 1) to place language in the agreement that would allow cities to revert their flow commitment if they had not agreed to the permanent form of governance; and 2) a decision on the permanent form of governance would be made prior to the issuance of bonds. Staff felt that would make it totally acceptable for joining the group. City Attorney Boogaard stated the solutions were conjunctive, they had to both be there. Mr. Krempl then showed a ~ansparency with the seventeen cities in the County system and their respective flows. The top three, Escortdido, Oceanside, and Chula Vista, had not joined the system and the total of the three was 27% of the total County system flow and 38% of the total cities' flow. Mayor Nader stated he would trail the item until reconvening after Closed Session. * * * * Council recessed at 5:37 p.m. and reconvened at 8:39 p.m. * * * * Councilmember Moore left the meeting at 7:30 p.m. Minutes August 3, 1993 Page 9 Mayor Nader stated a Closed Session was held regarding potential litigation and Council was ready to resume public deliberations. MS CNader/Fox) instruct staff to develop and put forward before the Interim Commission tomorrow conwact language, as simply as possible, stating the positions that were in the transparencies Mr. Krempl had utilized that would implement the E1 Cajon resolution. Specifically, that it would provide an individual city the right to back out any lime during the first year if a governance smacture had not been agreed to by that dty. Councilmember Fox stated he would second the motion with the understanding that language would be included in the agreement that would allow the cities to revert their flow commitment if an agreement on governance was not agreed to and that a decision on the permanent governance be made prior to any bonding. Mayor Nader stated that was acceptable to him as Make of the motion. The real impact on the City's position was the ability to withdraw if the City had not agreed to a governance structure at any time during the first year rather than waiting until some bonding action had been taken. Councilmember Rindone felt the language should not only be given to the Interim Commission but also to all non-participatory cities. Agreeable to the Maker and Second of the motion. VOTE ON MOTION AS AMENDED: approved 4-0-1 with Moore absent. The City Council recessed at 5:37 p.m. and reconvened at 6:01 p.m. in a closed session, reconvened at 8:39 p,m., and met in closed session at 8:42 to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers ONCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 7/27/93. Pending litigation pursuant to Government Code Section 54956.9 - Jones Intercable. Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding Daley Rock Quarry CUP. Evaluation of City Manager pursuant to Government Code Section 54957. Continued from the meeting of 7/27/93. ADJOURNMENT AT 9:25 P.M. to the Regular City Council Meeting on August 10, 1993 at 6:00 p.m, in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency convened at 5:37 p.m., recessed at 6:01 p.m., reconvened at 7:02 p.m. and adjourned at 8:39 p.m. Respectfully submitted,