HomeMy WebLinkAboutcc min 1993/09/07 MI~ OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY' OF CHUIA VISTA
Tuesday, September 7, 1993 Council Chambers
4:05 p.m. Public Services Building
CAIL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton (arrived at 4:14 p.m.), Moore, Rindone, and
Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Richard D. Rudolf, Assistant City Attorney;
and Vicki C. Soderquist, Deputy City Clerk
2. pI.RI~GE OF AIJJ~GIANCE TO THE FLAG, SILKNT PRAYER
3. APPROVAL OF MINUTES: August 17, 1993 (City Council Meeting), and August 30,
1993 (Special Meeting of the City Council). The following minutes from the Joint Meetings of the City
Council and the San Diego County Board of Supervisors: October 22, 1992, January 21, 1993, June 2, 1993,
June 16, 1993, June 30, 1993, July 12, 1993, July 21, 1993, July 22, 1993, and July 26, 1993.
Councilmember Fox stated the minutes of 8/17/93, page 7, should be corrected to read that he "had spoken
to a representative of the G. S. Hansen Company" not that he had spoken with Greg Hansen.
MSC (Rindone/Fox) to approve the minutes of August 17, 1993 (as amended), August 30, 1993, October
9.9., 1993, January21, 1993, June 2, 1993, June 16, 1993, June 30, 1993, JIffy 12, 1993, JIffy21, 1993, JIffy
9.9., 1993, and JIffy 26, 1993. Approved 4-0-1 with Horton absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Growth Management Oversight Commission - Carol Lynn Dull;
Growth Management Oversight Commission - James P. Langius;
Resource Conservation Commission - Michael Guerreiro;
Youth Commission - Jocelyn Castillo;
Youth Commission - Nicole Cazares;
Youth Commission - Steve Ceballos;
Youth Commission - Tyron Meservy.
Board of Appeals and Advisors - Thomas F. Leonard
Oath of Office was administered to James P. Langius, Michael Guerreiro, Jocelyn Castillo, Steve Ceballos,
and Thomas Leonard by Deputy City Clerk Soderquist.
CONSENT CALENDAR
(Item pulled: 13)
BALANCE OF THE CONSENT CAI.F. NDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text
was waived, passed and approved unanimously.
5. W/11-1-1'12~ COMMUNICATIONS:
a. Letter of resignation from the Housing Advisory Committee - Glen R. Googins, Deputy City Attorney,
Minutes
September 7, 1993
Page 2
City of Chula Vista, 276 Fourth Ave., Chula Vista, CA 91910. 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.
b. Claims against the City. Claimant Number 1 - Joseph W. Garcia, 484 Fifth Ave., Chula Vista, CA
91910; Claimant Number 2 - San Diego Gas & Electric Company, c/o J. Hoffman, Claims Representative, P.O.
Box 1831, San Diego, CA 92112; and Claimant Number 3 - Eric Joseph Huesca, c/o Judi M. Sanzo, Attorney
at Law, 2870 Fourth Ave., Ste. 100, San Diego, CA 92103. It is the recommendation of the City's claims
adjustors, Carl Warren & Company, and Risk Management staff that the claims be denied.
6. ORDINANCE 2566 ADDING SECTION 9.50.068 AND AMENDING VARIOUS SECTIONS OF
CHAPTER 9.50 OF THE MUNICIPAL CODE REGARDING THE SPACE RENT CHARGED IN MOBILEHOME
PARKS (second reading and adoI~tion) - In May 1993, Council adopted Ordinance 2551 which made various
changes in the regulations regarding the space rent charged in mobilehome parks. The proposed ordinance
makes clarifying, administrative, and substantive changes to Ordinance 2551. Staff recommends Council
place the ordinance on second reading and adoption. (Director of Community Development)
7. ORDINANCE 2567 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL CODE -
DECREASING STATE LAW MAXIMUM SpRRr~ LIMITS IN CERTAIN AREAS - MAIN STREET, OTAY LAKES
ROAD, OTAY VALLRY ROAD, QUINTARE) STREET, AND WUESTE ROAD (tint reading) - Staff established
trial traffic speed limits on Main Street, Otay Lakes Road, Otay Valley Road, Quintard Street, and Wueste
Road. The Trial Traffic Regulations have been in place a minimum of eight months and, in accordance with
the City Code, should be made permanent if they are to remain in effect. Staff recommends Council place
the ordinance on first reading. (Director of Public Works)
8. RESOLUTION 17234 APPROVING AGRRRMENT (ADDENDUM NUMBER 10) WITH JI-IK &
ASSOCIATES, INC. FOR TRANSPORTATION PLANNING ON THE OTAY RANCH AND AUTHORIZING THE
MAYOR TO EXECLrFE SAME - JHK & Associates shall attend and respond to directires from the General
Manager on transportation-related matters, and attend such staff meetings, Joint Planning Commission
meetings and Joint City Council/Board of Supervisors meetings as may be requested by the General Manager.
Staff recommends approval of the resolution. (Deputy City Manager Krempl)
9. RESOLUTION 17235 EXTENDING FOR ONE YEAR THE CONTRACT FOR THE CITY'S ANNUAL
REQUIREMENT OF LIBRARY BOOKS - Resolution 16757 approved the cooperative bid with the City of San
Diego for the City's requirements for library books. The contract was awarded to Baker & Taylor Company.
The contract contains an option to renew for additional one year periods through 6/30/97. Staff
recommends approval of the resolution. (Director of Finance)
10. RESOLUTION 17236 APPROVING THE AGI~F.F. MENT FOR ADTO-AID FIRE PROTECTION WITH
THE RURAL FIRE PROTECTION DISTRICT OF SAN DIEGO COUNTY, AND AUTHORIZING THE MAYOR TO
EXECIrI~ SAME - The agreement will improve service levels of the Fire Department and Rural Fire
Protection District in responding to wildland fires in the City and bordering areas that threaten City property.
Staff recommends approval of the resolution. (Fire Chie0
11. RESOLUTION 17237 ASSIGNING LICENSE AND MAINTENANCE AGI~RRMENTS WITH INII~
INC. TO DATA RESEARCH ASSOCIATES (DRA), AND AUTHORIZING THE MAYOR TO EXECirl~ THE
REQUIRED DOCUMENTS - INLEX, Inc. has provided the City with library automation services since Council
approval of the contract on 8/28/90. INLEX will no longer own the INLEX 3000 product and will not have
the right to offer services on the product. DRA, a major library automation vendor based in St. Louis,
Minutes
September 7, 1993
Page 3
recently purchased INLEX, Inc. The resolution, if approved, will assign license and maintenance agreements
curren~y in force with INLEX to DRA in order for the City to continue receiving required library automation
system maintenance service. Staff recommends approval of the resolution. (Library Director)
12. RESOLUTION 17238 APPROVING THE FIRST AIViENDMENT TO THE AGIlRRMENT WITH
STARBOARD CONSTRUCTION, INC. FOR PROjECT MANAGEMENT SERVICES REGARDING THE SOLrI'H
CItULA VISTA LIBRARY, ADDING PROjECT SOLLrflONS, INC. AS A SUBCONSULTANT TO STARBOARD;
AUTHORIZING THE CITY MANAGER TO REVIEW AND APPROVE BY LEt rER SUBSEQUF.,NT MINOR
CHANGES TO THE ORIGINAL AGREEMENT REGARDING PERMI'I'I'ED SUBCONSULTANTS - The resolution
requests approval of the First Amendment of the agreement with Starboard for project management services
in order to add Project Solutions, Inc. as a permitted subconsultant to Starboard. Project Solutions, Inc. is
headed by lan Gill, a former minor shareholder of Starboard and former Principal-in-Charge of the project
management team for the South Chula Vista Library construction project. The amendment also seeks to
grant the City Manager authority to review and approve by letter subsequent minor changes related to
subconsultants on the original agreement. Staff recommends approval of the resolution. (Library Director)
Councilmember Rindone referred to the staff report and questioned what "minor modifications" would be
and if there was a threshold limit. He did not have a problem with subconsultants. He would support the
item with the understanding that "minor modifications" referred to additional subconsultants.
David Palmet, Library Director, stated the phrase had been added upon the advice of the City Attorney in
case there were any further subconsultants that needed to be added to the contract.
13. RESOLUTION 17239 WAIVING THE COMPETITIVE BIDDING PROCESS AND APPROVING A
THREE YEAR SERVICE AGRRF-MENT WITH AMERICAN DIGITAL SYS'I'P..MS (ADS} SERVICES FOR THE
MAINTENANCE OF TEN SEWAGE FLOW METERS THROUGH JUNE 30, 1996 - ADS Services had a one year
service agreement for Fiscal Year (FY) 1992/93 for the repair and preventive maintenance services for eight
sewage flow metering stations. It is proposed that the service be extended for three more years under a new
service agreement. The cost of the service agreement will increase in FY 1992/93 to $329 per month per
single monitor and $417 per month for the dual monitor in FY 1993/94, 1994/95, and 1995/96. This
represents a total increase of approximately 4.1 per cent for single monitors and 4.0 per cent for the dual
monitor in 1993/94. The cost per monitor will remain unchanged in 1994/95 and 1995/96. Staff
recommends approval of the resolution. (Director of Public Works) Pulled f~om the Consent Calendar.
Councilmember Fox questioned if the sole reason the City would not be performing the maintenance was
due to mistrust by the other agencies or if there were other cost factors involved which would make it
economically unfeasible. It was difficult to accept the fact that the City could not save the taxpayers money
because of lack of trust. If that were the sole reason he would fight to change that among member agencies.
Because that was not the sole reason he would support the recommendation.
John Lippitt, Director of Public Works, responded that a third party needed to measure the flows out of the
other agencies. Another reason was that the City did not have the technical expertise to maintain and
calibrate the equipment.
RESOLUTION 17239 OFFFRED BY COUNCILMEMBER FOX, reading of the text was waived, passed and
approved unanimously.
14. RESOLUTION 17240 AMENDING SCHEDULE III OF MUNICIPAL CODE SECTION 10.52.280
{~F. IATING TO PARKING PROHIBITED AT ALL TIMES ON PORTIONS OF NOKTH FOURTH AVENUE - On
8/4/92, a Trial Traffic Regulation establishing a parking prohibition on the west side of North Fourth
Avenue was implemented pursuant to the provisions of Section 10.12.030 of the Municipal Code. Signs
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September 7, 1993
Page 4
)
indicating the prohibition were installed on 7/23/92. Staff recommends approval of the resolution.
(Director of Public Works)
15. RESOLDTION 17241 AMENDING SCHEDULE VI OF MUNICIPAL CODE SECTION 10.52.340
RELATING TO HMITED PARKING TIME ON THIRD AVENUE - On 8/4/92, a Trial Traffic Regulation
establishing a time limited parking restriction in the S00 block of Third Avenue was implemented pursuant
to the provisions of Section 10.12.030 of the Municipal Code. Signs indicating the resu-iction were installed
on 9/10/92, Staff recommends approval of the resolution. (Director of Public Works)
16. RESOLUTION 17242 APPROVING THE FILING OF AN APPLICATION FOR TRANSPORTATION
ENHANCEMENT AC-tlVITIES PROGRAM FIJNDS UNDER THE 1NYF, RMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZRr)
REPRKS'ENTATIVE FOR THE PROGRAM - California is scheduled to receive more than $200 million over a
six-year period (six cycles) under the program. The resolution will approve the filing of an application for
second cycle funding. The application is for the East "H" Street Bicvcle/Pedestrian Transportation Svstem.
The project involves the widening of East "H" Street between a point approximately 650 feet west of Buena
Vista Way and a point approximately 700 feet east of Otay Lakes Road, The widening will provide for
bicycle lanes in both directions and sidewalk installation along the south side of the street. Total project
cost is $1,135,000. Staff recommends approval of the resolution. (Director of Public Works)
17. RESOLUTION 17243 APPROVING UNIFORM FARE STRUCTURE AGRRRMENT FOR TRANSIT
SERVICES - The agreement defines coordination activities among transit operators in the Metropolitan )
Transit Development Board area for fares, transfers, and regional pass revenue sharing among operators.
Staff recommends approval of the resolution. (Director of Public Works)
18. BESOLUTION 17244 APPROVING THE SEVENTEENTH AMENDMENT TO THE AGBRF. MENT
WITH THE SAN DIEGO UNIFIED PORT DISTIll CT FOR GROUNDS AND COMFORT STATION MAI~CE
AT THE ',r' STREET MARINA BAYSIDE PARK AND ADJACENT LANDSCAPE MFi)IANS - On 11/17/92,
Council authorized the revised 16th amendment to an agreement with the San Diego Unified Port District
for grounds and comfort station maintenance at "j" Street Marina, Bayside Park, and the landscape medians
on Tidelands. Staff recommends approval of the resolution. (Director of Parks and Recreation)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
19. PUBLIC HEARING CONSIDERATION OF GRANTING A FRAN(I'IISE LAIDLAW WASTE
SYSTEMS, INC. FOR RESIDENTIAL YARD WAb'I'E RECYCLING COI.I.ECTION SERVICES - At the 8/17/93
meeting, Council approved the resolution giving notice of intent to grant a franchise for residential yard
waste recycling program collection services to be provided by Laidlaw Waste Systems and setting 9/7/93
as the date for the public hearing. As directed, staff noticed the public hearing in conformance with the
Charter. The report further describes the Yard Waste Recycling Program as conceptually approved by
Council, to allow for Council and citizen input during the public hearing, Staff recommends Council
continue the public hearinK to the meetinK of 9/14/93. (Administration)
This being the time and place as advertised, the public hearing was declared open.
MSC {Nader/Rindone) to continue the public hearing to the meeting of 9/14/93, approved 40-1 with
Hotton absent,
Minutes
September 7, 1993
Page 5
20. PUBLIC HFARING CONSIDERATION OF ADOPTION OF AN INTERIM PRE-SR-125
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-125
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 l~ublic hearing to the
meeting of 9/14/93. (Director of Public Works) Continued from the meeting of 7/27/93.
This being the time and place as advertised, the public hearing was declared open.
MSC (Nader/Rindone) to continue the public hearing to the meeting of 9/28/93, approved 4-O-1 with
Horton absent.
ORAL COMMUNICATIONS
None
BOARD ~ COMIVIISSION RECOMIVIENq)ATiONS
21. REPORT CULTURALARTSCOMMISSION-REVISEDMISSIONSTATE1VIF_Rr, GOALS,
AND OBJEL'IiVES - The Cultural Arts Commission recently revised their Mission Statement, and Goals and
Objectives during a series of workshop sessions and special meetings. It is recommended that Council accept
the report, and endorse and support the new Mission Statement, and Goals and Objectives. (Cultural Arts
Commission)
· Melody Cernitz, 182 Sierra Way, Chula Vista, CA, Chair of the Cultural Arts Commission, stated the
Commission felt the Mission Statement and Goals and Objectives would readdress issues in a more
productive way and bring in a broader base of support and involvement from the community. She requested
Council accept the staff recommendation.
Councilmember Rindone congratulated the Commission on their efforts. He suggested a linkage with
Cultural Arts Commissions from other cities in the County for joint activities or sponsorships. He also
suggested the establishment of a Junior Cultural Arts Commission at the high school and community college
level.
Ms. Cernitz responded that she would take Councilmember Rindone's suggestions back to the Commission
for review.
Councilmember Moore felt that many of the requirements within the individual
commission/board/committee ordinances could be stated in the Board and Commission Handbook.
Mr. Rudolf stated there was nothing being presented to Council that would be incorporated into the
ordinance. Staff did review the ordinance to see if the proposed changes would require a change in the
existing ordinance with regards to the goals and objectives.
MS (Rindone/Nader) to accept the repor~ and refer the two suggestions: 1) linkage with other Cultural Arts
Commissions from other cities in the County;, and 2) establishment of a Junior Cultural Arts Commission
to the Commission for review.
Minutes
September 7, 1993
Page 6
\
Councilmember Moore requested that a copy of the job description for the Cultural Arts Coordinator be
distributed to the Council.
VOTE ON MOTION: approved unanimously.
ACTION ITEMS
22. REPORT REQUEST FOR DETERMINATION ON VIABLE SOLID WASTE DISPOSAL
OPTIONS - (Deputy City Manager Krempl)
Councilmember Rindone stated he wanted to correct the memorandum presented by staff regarding the
meeting of 9/2/93. At the meeting the $16 million still unfunded for the expansion of the San Marcos
landfill was not addressed and as the City's representative he voted against it. He would never vote for
anything that the appropriation was unfounded and not addressed. The County faced three alternatives: 1)
to bond; 2) pay-as-you-go; and 3) become cost effective. It was his understanding that the next meeting was
to discuss pay-as-you-go and he had been told that Supervisor Bilbray had switched his position and would
vote against the raising of the tipping fee to $65/ton. He felt they needed to address what could be done
to become in line with a system that was competitive and not dependent upon other alternatives. He would
continue to advocate the necessity that all options, including the cost effectiveness of avenues that would
avail the County of doing what was necessary to get the costs down so their system could be cost effective,
be explored.
Councilmember Moore stated that no matter who took care of trash in the County or for the City there was
still an unfunded commitment for present, future, and past landfills. If the system was not in place he
questioned what the adverse repercussions would be in a community that had a landfill. There was also a
State mandate to reduce trash by 25% by 1995. Those types of issues were driving up the costs. If the City
removed themselves from the County, who would pay for the repercussions of past, present, and future
landfills and burn sites. He felt more information was needed.
Councilmember Rindone felt Councilmember Moore's concerns were definitely issues that needed to be dealt
with. The sequence of dealing with those issues was also a problem. The issue of governance and making
recommendations needed to clarified. He referred to the staff report, page 23-1 which listed three
alternatives and felt only the third alternative, to proceed with an RFP, was viable. Council needed to seek
every option possible to find a resolution to the landfill issue, regardless of what was happening with the
Solid Waste Advisory Interim Commission.
MS (Rindone/Fox) to direct staff to proceed with an RFP process with a report back to Council on 9/21/93.
Councilmember Horton stated the North County Solid Waste Agency report would be presented in October
and questioned whether it would be prudent to wait until then.
Councilmember Rindone stated the City would, in the interim, be sending out requests to the neighboring
south and east county cities to see who may want to participate. He felt it would take time for the
preliminary steps. With direction to staff to proceed with an RFP there would be an understanding of who
wanted to be parmers, total tonnage of trash available, and clarification of other options. Council needed
to send a clear message that they were seeking any other viable alternative in case the County did not agree
with the City's position that it should be cost effective. The RFP would not be officially authorized until all
the I's were dotred and the Ts crossed.
Councilmember Moore questioned whether information should also be presented in the report regarding the
costs for reduction of trash from 25% to 50%.
Minutes
September 7, 1993
Page 7
Mayor Nader stated he hoped staff would consider the State mandates. He questioned whether the RFP
would be brought back to Counc~ before distribution.
George Krempl, Deputy City Manager, stated there was a question as to whether staff would need outside
assistance in the preparation of the RFP. Staff would report back to Council on 9/21/93. The following
issues would be addressed: 1) the disposal issue; 2) recycling component; and 3) the City's responsibility
to the County, etc.
VOTE ON MOTION: approved unanimously.
23. REPORT CI-IULA VISTA TRANSIT (CY1D EXTERIOR BUS ADVERTISING PROGRAM -
On 6/15/93, Council discussed advertising on CVT buses. Council directed staff to: 1) report back to
Council on possibilities of earmarking advertising revenue for youth programs; and 2) develop a program
for exterior bus advertising. The report will address CounciI's direction. Staff recommends that Council
either: 1) reconsider the issue of exterior ads on CVT buses and not implement the program at this time;
or 2) direct staff to develop a Request for Proposal for an exterior advertising program. (Director of Public
Works)
· Jay Sampson, 704 Kertner Boulevard, San Diego, CA, representing Michael-Allen Associates, stated
that in their twenty-five years of experience they found that having a multitude of clients was better. Their
strategy for the CVT would be to position the product to local Southbay small to medium size businesses,
keeping potential revenues high and clea~y avoiding having to be at the mercy of a single advertiser.
Councilmember Moore felt staff had commented on the negative side. He wanted to be told how Council
could achieve their desires. If Council could do something to offset a negative he was prepared to do
something that was not ideal. Council's primary concern was for youth oriented activities and that had not
been addressed. He questioned the advertising on the bus benches.
William Gustarson, Transit Director, informed Council that the CVT service that was funded with 4.0 funds
had to serve the general public but did not exclude service to a teen club, etc. The City could not design
an exclusive senrice to such a facility. The benches were in the Montgomery area before annexation and
remained after annexation. There was no contract for the advertising. Any revenue generated by
advertisements would go to Bench Ads and was used for maintenance of existing benches and purchase of
new benches. Neither the City or the County received revenues from the ads. The City could have the
benches removed at any time.
Councilmember Hotton questioned if the approved purpose under the Dial-A-Ride program was for the
general public or disabled persons. She questioned whether it would be subsidized by the City.
Mr. Gustarson responded that the service would have to be available to the general public, not just the
disabled. It could not be used to fund a system such as HandyTrans. The City did not currently have such
a program. The City could have limited 4.0 Dial-A-Ride service and fund it to the extent of what the
advertising revenue generated.
Mayor Nader stated he would like to see something positive on how the Council could spend the money.
He felt there was a disagreement by some staff with the policy direction Council had been taking and
therefore it kept coming back for reconsideration. If it meant that Council did not have to approve higher
increases in the future that would still be worthwhile. He questioned the specific legal authority governing
the position taken by MTDB and staff. If there was such a law he felt it should be referred to the legislative
program.
Councilmember Fox stated he was frustrated that the Citys hands were tied. It was his understanding that
with the City's ability to raise the money in such a way it did not reduce the amount of TDA funds that
Minutes
September 7, 1993
Page 8
would be coming to the City. Therefore, the City would not be penalized for raising money. He questioned
whether the City Attorney had an opportunity to review the opinion from the MTDB General Counsel.
Mr. Rudolf responded the City Attorneys office had reviewed the opinion and agreed with it. The letter
attached as Exhibit 2 did include the Public Utility Code and Government Code Sections involved and traced
it down through the Administrative Regulations and into the forms developed by MTDB and SANDAG to
carry out those regulations.
Councilmember Rindone did not feel staff was trying to take a negative approach but present the facts to
the Council. He referred to the staff report, page 23-4, second paragraph, which stated the "City of Chula
Vista should have sufficient funds to meet it's Article 4.0 funded operational and capital needs through fiscal
year 2000". The addition of $50,000 from bus ads would then extend funds to the year 2001.
Mayor Nader questioned if the fiscal revenues to the year 2000 assumed the raising of rates.
Mr. Gustafson stated that was correct and was based on staffs assumption of revenue increases over the next
few years.
City Manager Goss stated the bus ad revenues could be used to positively impact rate increases. Estimates
were also made regarding bus expenditures, i.e. equipment and capital, which could go up.
Mayor Nader stated he was frustrated that a referral had been made in 1990 regarding exterior bus ads for
the purpose of raising revenues and exposure for the downtown businesses. It was now three years later
and Council was still debating the issue. It was appropriate for staff to make Council aware of MTDB legal
counsel's opinion but he felt it should have been resolved in less time.
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated the Transit Department had removed
the benches from the southeast portion of the City as well as in front of Sta~ight and the seniors and
disabled did not have a place to sit. It was her understanding that the revenues for the interior bus
advertising was to maintain the buses.
· Tony Yepis, 1619 Wood Avenue, Lemon Grove, CA, representing Pacific Spanish Media, Inc., stated
they would respond to an RFP and bid for advertising on the buses.
MS (Moore/Nader) direct staff m: 1) move forward for exterior bus advertisements, excluding the froHey
type; 2) authorize staff to pursue an ILFP for said purpose; 3) initiate correspondence to the TDA funding
authority, for the Mayor's signature, requesting that the profits of the exterior bus advertising be hdd in an
interest bearing account for a maximum of one year during which time the City would be authorized to
legally pursue the use of the income, if no program comes forth to legally ut~ize the fund the revenues
would be allocated to the TDA funding package.
Mr. Rudolf questioned whether MTDB would require payments on a quarterly basis or if the City could hold
onto the funds for one year.
Mr. Gustafson stated under the opinion of MTDB it would be additional review and would reduce the
amount of TDA funds claimed each fiscal year. The revenue would be treated as income revenue and not
earmarked into a special account.
Councilmember Rindone stated he would vote against the motion for the following reasons: 1) he did not
support advertising on the outside of the buses because he felt it was ugly; and 2) there was almost $1.9
million in unallocated funds for those services and the revenues from advertising would only supplement
that. If Council wanted to increase services, which he concurred with, then the unallocated balance should
be addressed. He did favor the motivation but felt the unallocated funds could be used for those purposes.
Minutes
September 7, 1993
Page 9
SUBSTITOTE MOTION: (Rindone/Fox) to refer the issue back to staff m see what enhancement of services
could be done and if there was an alternative to raising revenues through exterior bus advertising.
Mayor Nader stated he could not support the substitute motion as the item had been going back and forth
for over three years. He felt it was time to make a decision.
City Manager Goss informed Council there was a $1.9 million surplus but staff anticipated that the money
would be spent over time on new buses and Transit's share of the new corporation yard.
Councilmember Horton agreed with Councilmember Rindone's comments and would support the substitute
motion. She felt the exterior advertising would be a visual blight.
VOTE ON SIJBS'II-I-LFFE MOTION: failed 2-2-0-1 with Fox and Nader opposed and Moore abstaining.
Mayor Nader questioned whether the maker of the motion would agree to adding to the motion direction
to staff to ascertain which bureaucracy was respons~le for the restrictions on the use of the fun& and direct
recommended appropriate action to change the rules. Agreed to by the Second of the motiorL
VOTE ON MOTION: approved 3-2 with Horton and Rindone opposed.
24. REPORT POSSIBLE WITHDRAWAL OF MEMBERSHIP FROM THE SAN DIEGO AREA
WASTEWATER MANAGEMENT DISTRICT - On 8/24/93, under the Mayor's Comments was consideration
for withdrawing from membership status in the San Diego Area Wastewater Management District
(SDAWMD) effective 11/1/93 unless certain conditions are met. The item was continued to 9/7/93 in order
to receive further staff input. Staff recommends Council accept the report and support a motion pending
before the SDAWMD to continue the time period that an agency can withdraw from the District without a
penalty. (Director of Public Works)
Mayor Nader stated the staff report had accurately summarized where they were and he felt Council needed
to seek a mutually agreed to extension of the deadline for withdrawal in order to protect the City's interests.
If for legal or political reasons that turned out to not be feasible, he felt the City would need to notify the
Dislxict of an Intent to Withdraw. He did not feel that action needed to be taken now. The recommendation
by staff to support a mutually agreed to extension to the time allowed for withdrawal coupled with
continued presentations by the delegates to the Board, notifying the Board of the issues that needed to be
satisfactorily resolved if they wanted to be assured of the City~s continued participation in the District would
be appropriate action. If the direction by Council could not be implemented he could return to Council with
a request to withdraw from the District.
MS (Nader/Fox) to approve the staff recommendation to support a motion pending before the SDAWMD to
continue the time period that an Agency can withdraw from the District without penalty.
Councilmember Rindone requested clarification as to the "drop dead date'. He requested that the issue be
discussed during the monthly City Attorney's meeting.
Councilmember Moore stated on page 24-2 of the staff report there were eight issues staff felt there should
be resolution to and questioned whether they should be included in the motion and Exhibit C.
Mayor Nader responded the motion did not specifically address those issues but Council had taken previous
action which he had represented to the Board as critical issues.
VOTE ON MOTION: approved unanimously.
Minutes
September 7, 1993
Page 10
John Lippitt, Director of Public Works, responded that in the staff report they discussed the three items the
City of San Diego felt were issues to be resolved. The next five issues were issues the TAC, City of Chula
Vista, and the sewer team felt were important.
Mayor Nader stated he was concerned that Item 3 stated "discussions would occur ..." and he wanted to see
more than a commitment that a discussion would occur. Those were issues that would have an enormous
affect on what the rate payers would ultimately have to pay to cover the costs of certain City of San Diego
decisions made in the 70's and 80's with no input from Chula Vista or other cities within the District. He
wanted to change it to say "costs for prior City of San Diego decisions will be equitably born by the City of
San Diego unless otherwise agreed to".
Councilmember Moore suggested Item 3 be changed to state "the City would be excused from the fair share
costs of the north county plant if the City put in equal to or more of fair share costs of the Otay plane.
Mayor Nader felt the Council's intent in the past had been an either/or. Either the Otay reclamation plant
would be built and the costs born regionally, in which case the City was willing for that to be part of the
same program as the north city plant, or each area would be on it's own for funding the cost of what it used.
MSUC (Moorefrtorton) direct staff to prepare correspondence, including amended Exhibit C, showing the
Counc~'s concerns in addition to San Diego's ups and downs.
Council met in Closed Session at 6:04 p.m. and reconvened at 6:35 p.m.
25. RESOLUTION 17245 ALrlI-IORIZING'II-IE SUBMISSIONOFACERTiFICA'I'IONAPPLIC, AT1ONTO
THE FEDERAL COIVIMUNICATIONS COMMISSION, ADOPTING REGULATIONS THAT ARE CONSINI'F.2qT
WITH TIIE FEI)EILAL COMIVIUNICATIONS COIVIMISSION'S CABLE TELEVISION BASIC SER,VICE RATE RUIlS
AND REGULATIONS; AND ESTABLISHING CERTAIN PROC~.r)URAL LAWS AND REGULATIONS WHICH
PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE VIEW OF INTERE.5-I-F_I) PARTIES
1N CABLE TI~-L1WISION RATE REGULATION PROCRRX)INGS TAKEN HEREUNDER - The Cable Television
Consumer Protection and Competition Act of 1992 gives cities the authority to regulate basic service rates.
In order to qualify for basic service rate regulatory authority, the City must certify that it will undertake
certain actions required in the 1992 Act. Staff recommends approval of the resolution. (Director of Finance)
Councilmember Fox questioned whether staff anticipated higher rates due to administration or joint
contracting.
Lyman Christopher, Director of Finance, responded that the administration of the new Cable Act would be
taken on by existing staff. There may be special expertise or special issues that may need to be addressed
in the future and, therefore, staff indicated a possibility of hiring a consultant or attorney specializing in
cable issues. He did not feel it would result in increases to the rate payers. It would authorize staff to
submit an application to the FCC that would then subsequently provide the City the authority to regulate
limited basic service rates.
Councilmember Rindone questioned if it was staffs opinion that if the City had authority it would be
minimal because it only affected the basic service agreements which was a small portion of the cable
subscribers. He further questioned the percentage of subscribers that received only the basic service.
Mr. Christopher responded that customer service standards was a different issue in terms of rate regulation.
The new Cable Act did establish minimal customer service standards that were applicable to all cable
Minutes
September 7, 1993
Page 11
systems. Staff would be looking at the two franchise agreements, Cox Gable and Chula Vista Cable, to make
sure they were meeting the minimum standards established by the Cable Act of 1992.
Jim Thomson, Deputy City Manger, responded that he was uncertain, but in the case of Chula Vista Gable
there was only one rate. Ninety percent of Cox Cable subscribers took the combined rates. With the new
rates provided by Cox Gable there would be a substantial incentive for subscribers to rethink their decision
because the basic rate would only be about one-third of the total rate for the basic plus the community
programming services.
Councilmember Rindone stated he would like information regarding the charge for cable boxes and whether
it was included in basic service supplied to Council in a written memo or a report at a later date.
· Martin Altbaum, representing Chula Vista Cable, stated he had talked with staff regarding
ambiguities in the definitions of the Cable Act. He had been advised that Ghula Vista Gable would not be
under the rate regulations portion. The court case had been resolved one week ago. Both of the directors
had been removed by court order. One director had been assessed punitive damages totaling approximately
$500,000, the other director was awarded the money he had put into the company. He was now full owner
of Ultronics and the dissolution would not occur.
RESOLUTION 17245 OI, I-'I~IED BY MAYOR NADER, reading of the text was waived, passed and apprnved
unanimously.
FIEMS pLILI.Rn FROM THE COhISENT ~AR
Item pulled: 13. The minutes will reflect the published agenda order.
OTHER BUSINESS
26. CITY MANAGERS REPORT(S)
a. City Manager Goss introduced Curtis Valenzuela the new Economic Development Specialist II.
b. A grant had been received in the amount of $23,000 from the State Library for the Families of
Literacy program which would provide inservice training to tutors and a home collection of books and
magazines for each participating family. A second grant had been received from the U.S. Department of
Education for $34,845 for developing and offering model small group writing classes for adult learners
enrolled in the adult learning class.
c. Scheduling of meetings. 1) Joint Council/Board of Supervisors meetings had been scheduled for
9/13/93 from 3:00 - 7:00 p.m. at Chula Vista and 9/27/93 from 3:00 - 7:00 p.m. at the County. 2) A
majority of the Council had stated they would be available for the tour on Saturday, 9/11/93. After
discussion, City Manager Goss stated the tour would include the auto park, Otay Ranch, Olympic Training
Center and composting site at EastLake.
Councilmember Moore felt staff should try to include the Design Review Commission and Planning
Commission on the next tour. The first hour could be set aside for discussion.
d. Oral report regarding clarification of the intent of the Council motion related to amendments to the
1993/94 Operating Budget. City Manager Goss stated he had met with the Mayor regarding the issue and
had been in agreement as to what Council action had been. The resolution had been modified accordingly
and signed. The Council had never directed that the third clerical position in Administration be back-filled
with hourly help. The motion stated the position was frozen, in terms of filling it on a full-time basis, it was
Minutes
September 7, 1993
Page 12
not going to be back-filled with hourly help. The budget did provide for part-time hours which could be
used in Administration at the discretion of the City Manager.
Mayor Nader stated the difference was that the resolution present for his signature included 'and
Administration is directed to back-fill the third clerical position with hourly help". Council did not give that
direction and it had been deleted from the resolution.
27. MAYOR'S REPORTf S)
a. Ratification of Appointment:
Design Review Committee - Father Richard Duncanson;
Board of Appeals - Anne Fabrick.
MS (Nader/Horton) to appoint Richard Duncanson to the Design Review Committee and Anne Fabrick to
the Board of Appeals.
Mayor Nader stated Richard Duncanson was the director of building projects for the San Diego Diocese for
the Catholic Church. Therefore, he had extensive experience in guiding building projects through the design
review process. He had also arcended meetings of the DRC and concluded that he would be comfortable
with the position. He did feel it was important to have architects, etc. on the Commission but he also felt
someone who had approached the design review process as an applicant should be represented. He had
been advised by staff there was a State statute which required, if possible, one member of the Board of
Appeals be a disabled individual. Ms. Fabrick had significant commission service and a proven ability to
learn the position.
Councilmember Moore stated he would support the nominees and suggested a review after eighteen months
to two years.
VOTE ON MOTION: approved unanimously.
b. City Energy Savings - Request to Jim Bell for Cost-Free-Walk-Through Audit.
· Jim Bell, Director of the Ecological Life Systems Institute, stated he was an ecological designer and
gave a brief overview of the program of the Energy Service Consortium. He hoped to get all the cities and
county into the program in order to put ten's of millions of dollars back into the economy. He recommended
the City pick one or two buildings, go through the experience, and if the experience was positive, go forward
with all City facilities. At the same time, the City could act as a broker to the business community.
Councilmember Horton questioned if the City decided to purchase the equipment rather than lease it, if they
would still provide the services and do the evaluation for the City.
Mr. Bell stated if the City was going to fund the improvements they would have to hire someone to do the
detailed audit and someone to install the equipment. The Consortlure would do the initial walk-thru for
free.
Councilmember Moore questioned whether SDG&E was currently doing an audit for the City.
City Manager Goss responded they had been working on the Police Depa~ Uuent, NIC, and possibly City Hall.
Results from SDG&E should be received in approximately thirty days.
MS (FoX/Horton) to authorize the cost flee walk-thru audit at no risk to the City.
Minutes
September 7, 1993
Page 13
City Manager Goss felt there needed to be, at some point in time, a referral to staff as there was an issue
regarding Chapter 868 regarding RFP's which should be addressed by the City Attorney.
Councilmember Hot-ton requested that the motion include that the City would not be bound to anything
until action by Council.
City Manager Goss agreed as the proposal referred to numerous steps to be taken. Council was only
authorizing Step One.
Mayor Nader stated that was his understanding of the motion_
VOTE ON MOTION: approved 4-0-1 with Rindone absent from the dias.
c. Discussion and potential direction to the Wastewater Management District delegates. Continued
fi'om the meeting of 8/24/93. Mayor Nader stated the item had been dealt with under a previous agenda
item.
d. Sponsorship of seminar/tour to promote Chula Vista merchants' opportunities in Mexico. Mayor
Nader stated the Cohen Group was working on a project with Southwestern College that would offer an
opportunity for Chula Vista merchants to market their businesses south of the border. They were requesting
official City sponsorship with no contribution being required.
· Patrick Osio Jr., 718 East J Street, Chula Vista, CA, CEO of Cohen, Osio, Perman and Associates, Inc.,
U.S./Mexico business consultants, gave a brief history of the formation of the seminars/tours. They had
approached Southwestern College and they had agreed to sponsor, along with the City, such an event. It
was also likely that the South County Economic Development Council would join in.
Mayor Nader stated it was his understanding that the request was for sponsorship and not financial or staff
support. The City would be listed as sponsor, the logo could be used, etc. and there would be no financial
underwriting or staff support.
Mr. Osio stated that was correct.
Mr. Rudolf questioned whether there would be any financial renumeration for the group setting forth the
program and if it was entirely free for the City's merchants or if it would be a fund raising event for the
company.
Mr. Osio stated they had made a $200 profit on one of the events held. Their organization promoted those
types of programs because it gave an opportunity for them to showcase their knowledge and consulting
abilities.
Mayor Nader stated he was am'acted due to the involvement of Southwestern College and their Small
Business College in promoting the event with the Cohen Group. It was his understanding that Southwestern
College would be providing staff support.
Mr. Osio stated their group had never depended on other organizations to manage the events for them. They
would handle the marketing, promotion, etc. He responded they had not made that decision yet but had
committed to sponsorship.
MS {Nader/Fox) to co-sponsor the seminar/tour with Southwestern College to promote marketing
opportunities in Mexico for the Chula Vista merchants as proposed by Mr. Osio.
Councilmember Rindone stated it sounded very intriguing and something Council may want to consider but
he would like it to come back in one week with more information as to what their expectations were of the
Minutes
September 7, 1993
Page 14
City. Council had carefully guarded the logo and sponsorships in the past. He wanted clarification of what
the expectations were, the City's responsibilities, clear delineation of the City's legal liabilities, anticipated
time, and goals and objectives.
Mayor Nader questioned whether there would be any liability attached to sponsorship or use of the City's
logo.
Mr. Rudolf responded that Code Section 1.08.010 authorized use of the City seal for commercial purposes
if the Council authorized it. He was concerned that it was an officially sanctioned tour and therefore the
City could be liable as a sponsor if an accident occurred.
Mayor Nader questioned whether a Hold Harmless clause could be drafted to protect the City.
Mr. Rudolf responded that staff would try.
SUBSTITUTE MOTION: (Moore/Rindone) to bring the item back in one week with a brief staff repor~
answering Council's concerns, approved unanimously.
28. COLr/qCIL COMMENTS
a. Councilmember Horton
· Councilmember Horton stated there were vacancies on the Economic Development Commission and
questioned when those vacancies would be filled.
Mayor Nader stated that under Council action he was only allowed to appoint one member. The other two
needed to be appointed by Councilmembers Moore and Rindone respectively. He was interviewing the
candidate Councilmember Hor~on had submitted on Friday.
ADJOURNMENT
The City Council recessed at 7:48 p.m. and reconvened and met in a closed session at 10:25 p.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.
Pending and potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista
vs. the County of San Diego and Aptec.
Pursuant to Government Code Section 54956.7 - Approval of evaluation form for appointed officials.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding tipping fee surcharge.
Minutes
September 7, 1993
Page 15
ADJOURNMENT AT 10:30 P.M. to a Joint Meeting of the City Council/County Board of Supervisors on
Monday, September 13, 1993 at 3:00 p.m. in the City Council Chambers, and thence to the Regular City
Council Meeting on September 14, 1993 at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency convened at 7:49 p.m. and adjourned at 10:24
p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki C. Soderquist, Deputy C~lerk