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HomeMy WebLinkAboutcc min 1993/09/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 21, 1993 Council Chambers 6:07 p.m. Public Services Building CAIL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Hotton, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF .AIJ.RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: September 7, 1993 and September 14, 1993. MSUC (Moore/Rindone) to approve the minutes of Septen~ber 7, 1993 and Septen~ber 14, 1993 as presented. 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CAkI~DAR (Items pulled: 5a, 6, and 11) BALANCE OF THE CONSENT C~t.RNDAR OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed and approved unanimously. Item 8 to be continued to the meeting of 9/28/93. 5. WRITFEN COMMUNICATIONS: a. Letter petitioning Counc~ to pass an ordinance prohibiting the distribution of handbills - Betty Chou, Member, Chula Vista Motel Association, Chula Vista Travelodge, 394 Broadway, Chula Vista, CA 91910. The item is being referred to the City Attorney for consideration and recommendation. Pulled from the Con.cent Calendar. · Betty Chou, 394 Broadway, Chula Vista, CA, representing the Travelodge, was not present when called to the dais. · Daryl R. Preece, 710 E Street, Chula Vista, CA, representing Chula Vista Motel Association, was not present when called to the dais. MS (Nader/Fox) to approve the staff recommendation to refer the request to the City Attorney. City Attorney Boogaard stated there was currently a prohibition of handbill distribution where a person could revoke their consent. The prohibition applied only to residential property. He questioned if Council wanted a similar legislative program where consent could be withdrawn and thereupon the distribution of handbills would have to be stopped. Minutes September 21, 1993 Page 2 Councilmember Moore stated that Section 5.08 also addressed handbills and questioned the enforceability of the law. The quarterly news letter could be used to inform the public that it was illegal. Mayor Nader stated the ordinance previously considered addressed the problem of handbills being left on windshields. He referred to the sixth paragraph of the letter which stated most of the companies distributing handbills did not have a business license and did not list the address of their company. He felt staff should contact Ms. Chou and the Motel Association and urge them to let the City know when they had a firm without a business license attempting to do business in the City as there was enforcement recourse in that situation. If the City could not outright prohibit the distribution of handbills, the City could prohibit distribution of handbills or advertising by a commercial firm which did not have a license to do business. He felt the courts would uphold that restriction because any business could meet that criteria and therefore not have their constitutional rights imposed on. VOTE ON MOTION: approved unanimously. 6. ORDINANCE 2568 AMENDING ORDINANCE NUMBER 1993, AS AMENDED, BY MODIFYING THF~ TERMS OF THE LAIDLAW WASTE SY~-i KMS, INC. FRANCI-HSE TO REQUIRE COt .t.RCTION OF YARD WAb't'P:. FROM RESIDENCES WITHIN THE CYrY, FOR PURPOSES OF RECYCLING (second reading and adoption) - 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 place the ordinance on second reading and adoption. (Administration) Pulled from the Consent Calendar. Councilmember Rindone felt there were misunderstandings as to the action Council had previously taken. The major question asked was "why do I have to separate yard waste and pay more for doing that". The answer was to reduce the amount of consumption of yard waste refuse in the landfill. It was important to note that all cities in San Diego County had a program or would be setting up a similar program. None of the cities, other than Chula Vista, had adopted a system other than mandatory universal rates. He reviewed the current rates for regular trash hauling (including recycling), the cost for the yard waste recycling program, and the overall aggregate cost of both regular and yard waste programs. If the current refuse recycling cost and the yard waste program was added together, Chula Vista was at the low end of the combined totals of all the cities in San Diego County. The option of having the universal rate system, should other options not prove as feasible as anticipated, should still be available to the City. He questioned the time frame if the City changed over to the universal rate system. Stephanie Snyder, Principal Management Assistant, responded that staff would be reviewing the program in one year with the assist of Laidlaw. Staff could discuss the issue with Laidlaw and provide Council with a written report. Councilmember Rindone stated staff needed to ascertain whether the option of going to a universal rate was included. He was under the impression that the City could do that under the current proposal. City Attorney Boogaard stated the proposed ordinance had an optional service level fee structure. If Council wanted a mandatory uniform rate throughout the City it would require negotiations with Laidlaw and the implementation of that system through an amendment of the franchise. He did not know how long it would take to implement that change. Minutes September 21, 1993 Page 3 Councilmember Rindone questioned whether it would be better to provide the escape clause prior to authorizing the franchise so Council would be able to maintain those options. He wanted protection for the rate payers. He was concerned regarding the explanation to the rate payers and felt it should include the mandatory aspect of the program, all cities were doing it, and information regarding the rates. It should be clear so all the rate payers would understand. He insisted that staff be required to provide approval of any information to rate payers prior to the implementation of the program. Mayor Nader stated Council had taken action last week regarding information to the rate payers. The information was also to contain an estimate of the rates. Staff was to provide such information to Council as an information item for review. ORDINANCE 2568 pLAt~.n ON SECOND READING BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. MS (Rindone/Nader) to direct staff to bring back an amendment to the ordinance with language that would give Council the authority to convert to a universal rate system. City Attorney Boogaard stated the authority to convert was not in the ordinance and would have to be negotiated. It was his understanding that Councilmember Rindone was requesting that the authority to convert be put in an amendment to convert so that on ten days notice the City could do so without doing an ordinance amendment. Mayor Nader questioned if the "ten day" provision could be removed from the motion with direction to staff to come back with an ordinance amendment. He wanted a better opinion than available regarding the specific time period. Councilmember Rindone stated he was looking at a conversion period that was reasonable but wanted to make sure that option was available. FRIENDLY AMENDMENT: (Nader) to delete the specific number of days and direct staff to mend the ordinance to preserve the Council's authority to convert to a universal rate. Amendment agreed to by the Maker of the motion as long as it was understood that the time period was to be thirty days or less. Approved unanimously. 7. ORDINANCE 2569 ADDING CHAPTER 8.23 ENTITI.F.r~ 'WASTE MANAGEMENT FRANCHISE* TO THE MUNICIPAL CODE fsecond reading and adoption) - The ordinance makes no substantive changes not previously made by Council in prior amendments. It brings all the amendments into a single document, and codifies them into the Municipal Code for quick reference. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney) 8, RESOLUTION 17253 ADOPTING COUNCIL POLICY NUMBER 900-01 ENTITLED 'DRIJ~.GATION OF AUTHORITY TO I~Rt.RASE PROPERTY FROM AND CONSENT TO TRANSFER OR ASSIGNMENT OF RIGHTS UNDER DEVELOPMF2qT AGI~RRMENTS" - The purpose of the report is to streamline certain transactional transfers related to existing development agreements. The action related to the establishment of a Council policy will clarify and simplify administration of development agreements. Staff recommends item he continued for one week to the meetin~ of 9/28/93. (Deputy City Manager Krempi) Minutes September 21, 1993 Page 4 9. RESOLLrYION 17254 ACCEPTING CALIFORNIA STATE LIBRARY SERVICES ACT, FAMILIES FOR LITERACY GRANT FUNDS AWARDED TO THE LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1993/94 BUDGET TO INCLUDE .78 FUIL TIME EQUIV,~I.RNT POSITION - The Literacy Team has been awarded a $23,000 California Library Services Act Families For Literacy grant from the California State Library to develop and offer special family literacy services to adult learners and their young children. The funds cannot be used to supplant the current tutor reading program. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 10. RESOLUTION 17255 ACCEPTINGFEDERALDEPARTMEIqTOFEDUCATION, LIBR/uR,ySERVIfl:_~ AND CONSTRUCTION ACT, TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS AWARDED TO THE LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1993/94 BUDGET TO INCLUDE A .36 FULL TIME EQUIVALENT POSITION - The Literacy Team has received $34,845 in funding under the Library Services and Construction Act, Title VI Library Literacy Program to renew their Model Writing Programs and Adult Learners in Federal fiscal year 1993/94. The funds cannot be used to supplant the current tutor reading program. Staff recommends approval of the resolution. (Library Director) 4/Sth's vote required. 11. RESOLUTION 17256 WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF THE t~rlY ATFORNEYS OFFICE EXPANSION IN THE tjI-IY - On 9/1/93, six bids were received for the construction of the City Attorney's Office Expansion. Of the six bids, the bid from the Augustine Company was found to be the lowest bid. Staff recommends approval of the resolution awarding the contract to Augustine Company in the amount of $100,417. (Director of Public Works) Pulled from the Consent Calendar. Councilmember Horton stated there was an unwritten policy of hiring local companies depending on the contracting price. She questioned how long they had been located in Chula Vista and how thoroughly they had been investigated. David Byers, Deputy Public Works Director/Operations, responded the company moved to Encinitas in 1991 and prior to that were located in Arizona. Staff did check on their references closely. Councilmember Rindone questioned the 15% contingency and why it was not the standard 10%. Mr. Byers responded it was because it was a remodel and unknown problems could arise. Councilmember Fox questioned whether the financial viability of the firm had been checked. Mr. Byers responded that staff did check the references listed in California but there was no way to check financial viability. The City did require a bond and the City Attorney's guidelines were very strict. Mayor Nader referred to the statement ".... no prevailing wage requirements were necessary or a part of the bid documents" and questioned whether any time a project came out of the General Fund Capital Outlay if prevailing wages were not applicable. Mr. Byers responded that was correct. City Attorney Boogaard stated Council adopted a policy on the payment of prevailing wages that instructed staff not to pay prevailing wage unless it was legally required. Minutes September 21, 1993 Page 5 Mayor Nader his recollection was that staff had one opinion, others in the community had another opinion, and the City Attorney had an opinion that the staffs opinion may not have been correct. Council had agreed that on the project in question, they would take both the prevailing wage and non-prevailing wage bid. He would, with reluctance because he did not know that prevailing wage was not being paid to the workers, approve staff recommendation if he had assurance that he would be furnished a transcript regarding the adoption of the policy before a similar item came before Council. City Attorney Boogaard questioned whether the Mayor wanted the policy or a verbatim transcript of the actions of the Council. Mayor Nader stated the policy would be sufficient and if it left any questions he could ask for a transcript. RESOLOTION 17256 Ol.'l.'ld~e.D BY COUNCILMEMBER HORTON, reading of the text was waived, passed and approved unanimously. 12. RESOLUTION 17257 ACCEPTING BIDS AND AWARDING CONTRACT FOR 'RESURFACING OF LOMAVERDE SWIMMING POOL WITH FIBERGLASS IN THE CITY (PR-145)' - On 7/28/93, sealed bids were received for "Resurfacing of Loma Verde Swimming Pool with Fiberglass in the City (PR-145)". The work to be done includes furnishing and installing a11 matetials and providing all necessary labor to complete resuffacing of the Loma Verde Swimming Pool with a new fiberglass surface. Associated with the new surface is the installation of some new tile work and lane lines, and the replacement of pool and deck hardware. Staff recommends approval of the resolution awarding the contract to Derek Downey Pool and Spa in the amount of $48,950 and authorizing the expenditure of $13,889 for the additive bid item. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RI~I.&TED RESOLUTIONS AND ORDINANCF_q None submitted. ORAL COMMUNICATIONS · Carolyn Butler, 97 Bishop Street, Chula Vista, CA, informed Council that one of the Metropolitan Transit buses had stalled on the trolley tracks and expressed her concern regarding the emergency training the drivers received. She handed Council a letter outlining the incident. She felt there was a need for a Transportation Committee. MSUC (Nader/Rjndone) to refer Mrs. Butler's letter to staff for investigation and appropriate action, if necessary, with a report back to staff. · Joseph Garcia, 484 Fifth Avenue, Chula Vista, CA, stated that in reviewing the 1991/92 City budget it referred to a new revenue source, i.e. the solid waste facility fee, and questioned what the fee was. Mayor Nader stated the fee was charged to people outside of the City that utilized the landfill. A similar fee was charged by the host cities of each landfill within the County. City Manager Goss stated it was already part of the tipping fee that the County was charging. The fee applied to anyone taking material to the landfill. Minutes September 21, 1993 Page 6 Mr. Garcia stated the City had anticipated the fee prior to the matter being passed by the County or Solid Waste Committee. It appeared to him that the only place the fee could be collected would be from the tipping fee and it was enacted before the tipping fee arose. He requested that the issue be looked at in depth. Mayor Nader responded that the issue had been thoroughly explained at a number of other meetings. The tipping fee existed before the current solid waste issue arose. It was a component to compensate citizens of the City for the fact that trash trucks came through the community which resulted in deterioration of streets and air and noise pollution. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION I~ 13. RESOLUTION 17258 AMENDING THE DOWNTOWN PARKING PERMIT pOlICY TO ALLOW RESIDENTS TO PURCHASE PARKING PERMITS - On 8/6/93, a petition, with one hundred signatures, from the residents of the Congregational Tower at 288 "F" Street, was submitted to the City requesting that the City reconsider placing parking meters in the parking lot at the comer of Church Avenue and Center Street. Agency staff met with the managers of the Congregational Tower and discussed their current parking accommodations and the issue was presented to the Town Centre Project Area Committee. Staff recommends approval of the resolution. (Director of Community Development) Councilmember Fox questioned if staff expected the demand for parking would exceed the supply and how the residents in the surrounding area would be notified of the permits. Chris Salomone, Director of Community Development, responded that staff felt there was an adequate supply and if there was a future need staff would come back to Council. Miguel Tapia, Community Development Specialist, stated two members of the Congregational Towers were present at the meeting. Staff would notify the other members and put notices in the administration office. The next step in the process would be the amendment to the Municipal Code which would be a public hearing and those within the parking district would be notified. RESOLUTION 17258 OFFERED BY MAYOR NADEIL reading of the tex'[ was waived, passed and approved unanimously. 14. REPORT UPDATE ON REQUEST FOR PROPOSAL FOR SOLID WAb'I]~ DISPOSAL OPTIONS - An oral update report will be given by staff. George Krempl, Deputy City Manager, gave a status report on the last Interim Committee meeting. The Board of Supervisors had continued the tipping fee issue to 10/25/93. The cities of Escondido and Oceanside were made ex-officio members of the Commission and would be seated with the Commission but would not be voting members. The Commission had agreed to get consultant quotes for an REP on the Otay .\ Landfill. It was not a commitment of expenditure of funds but to get RFP's. The $51/tipping fee rate was put forward by the Management Committee which would keep the capital improvements at a bare bones J minimum, deferring replenishment of the County's reserve fund, and deferring as much as possible and Minutes September 21, 1993 Page 7 spending as little as possible on capital items. The Commission unanimously, motion made by Councilmember Rindone, moved to direct the County to come back and scrutinize their operating budget much closer and advise the Interim Commission on what it would take, what type of budget implications there would be, to keep the tipping fee at the current $43/ton. He felt it would be forwarded to the Commission at their workshop in the later part of the month. Councilmember Rindone stated the focus of the discussion was the raising of the tipping fee. He had offered a substitute motion which he felt would provide the best rate for the ratepayers county-wide. If the County system could be maintained and be competitive, that should be the first effort focused on. He felt the unanimous vote sent a clear message to the County staff that the Commission was sincere in trying to make the County system work but, not on the back of the ratepayers. He hoped the Board of Supervisors would continue to honor the unanimous motion of the Commission. Mayor Nader questioned if the staff recommendation was still the same as in the staff report. Mr. Krempl responded that was correct. Staff did sent out letters to the City Managers of six sister cities asking if they would be interested in participating in an RFP on a sub-regional basis. Four of the cities declined but Imperial Beach and E1 Cajon were interested. If there was a cost sharing of the RFP process and the fee was $25,000, Chula Vista would pay $11,000, E1 Cajon would pay $7,000 and Imperial Beach would pay $2,000. Staff contacted eight firms informally regarding an RFP and six written proposals were received with costs ranging from $16,000 to $25,000. If the staff recommendation was approved, staff would appoint a selection committee to review the proposals, conduct interviews, and make recommendations to the City Manager and return to Council within three to four weeks. It was hoped the RFP could be released by the end of November. Councilmember Hotton stated the north county cities had prepared an RFP and questioned whether staff had contacted a representative regarding the monetary amount and utilizing their information. Mr. Krempl responded staff had contacted them and they had spent $25,000 for the preparation of the RFP. Staff would be able to utilize some of their information and felt there could be a cost savings to the City. Councilmember Rindone felt it important that the rate payers understood that by proceeding with the development of an alternative it would give the cities an option if the current plan of the County was not successful. The alternative could always be aborted, without expenditure of monies, if the County proposal was adapted to meet the requests of the Commission. Councilmember Fox stated it was his understanding that the County would come back with their response to the budget question prior to the City's decision to go forward with the RFP. MS (Fox/Nader) to approve staff recommendation to: 1 ) continue to work with the cities of Imperial Beach and El Cajon; 2) determine appropriate consultant services for the preparation of an RFP and negotiate a contract not to exceed $25,000; and 3) report back by 10/19/93 with a recommendation for consultant contract and identified funding sources. City Attorney Boogaard stated he had an urgent piece of litigation business on the pending case for the surcharge with the County and needed to discuss it with the Council. He stated Council may want to trail the item until after the Closed Session. Mayor Nader stated he would trail the item until after the Closed Session. Minutes September 21, 1993 Page 8 Council met in Closed Session at 8:13 p.m. and reconvened at 8:47 p.m. Mayor Nader stated Council had received a letter from Assemblyman Peace requesting that the Campo Indian Reservation be removed from consideration for solid waste disposal alternatives. He questioned whether staff had looked at the issues raised by Assemblyman Peace and the EIS. Mr. Krempl responded that staff had not reviewed the issues. Mayor Nader stated he was not prepared to comment on the merits of Mr. Peace's request but did feel that the environmental considerations would be an aspect that would have to be looked at in determining what an acceptable alternative would ultimately be. City Manager Goss stated even if staff was of the knowledge that there was a great deal of support for those statements, he was not sure that would be a reason to eliminate the reservation solid waste landfill project from consideration. More information was needed and that was part of the RFP process. Mayor Nader questioned why an RFP was needed to obtain a consultant to develop an RFP for disposal of the trash. Mr. Krempl responded that staff did not feel they had the expertise required after reviewing the North County RFP and the technical, legal, and financial issues involved. The consultant would also help to respond to such issues as what the City's liability would be regarding the County system and what the City's responsibilities would be in how the recycling would be handled. The $16,000 to $25,000 was an estimate taken from the cost for the North County RFP. Mayor Nader stated the RFP should be a reflection of what the City wanted to see considered. The RFP should be as flexible as possible as the City would not want to be bound to accept a proposal just because it responded in certain terms to the RFP. VOTE ON MOTION: approved 4-1 with Nader opposed. Mayor Nader stated his opposition was due to the second portion of the recommendation, i.e. the hiring of a consultant. He supported the RFP. He had been approached by individuals close to the Solid Waste Commission expressing concern that there could be a move, as a cost cutting measure, to cut the County's conservation program. The conservation program was one that helped to hold down the long term costs to the consumers of the County. He felt the Council expected the County to cut fat and not muscle from it's program. ITEMS p/nj.Rn FROM THE CONSENT Items pulled: 5a, 6, and 11. The minutes will reflect the published agenda order. OTHER BUSINESS 15. CITY MANAGER'S REPORT(S) - None Minutes September 21, 1993 Page 9 16. MAYOR'S REPORT{S) a. Ratification of appointment: Safety Commission - Scott Bierd and Robert A. Smith. MSUC (Nader/Fox) to ratify the appointment of Scott Bierd and Robert A. Smith to the Safety Cornminion. b. Sponsorship of seminar/tour to promote Chula Vista merchants' opportunities in Mexico. Continued from the meeting of 9/14/93. Mayor Nader stated staff had supplied Council with a memorandum and recommended Council endorse the event subject to certain insurance and liability concerns. He was not certain that he shared the legal analysis behind the concerns but, because they were agreeable with the other promoters and co-sponsors, he would support the staff recommendation. MS (Nader/~loore) to approve the staff recommendation, to endorse the project and require that such endorsement be made contingent upon execution by COPA if a letter agreement acceptable to the City Attorney and City Manager as outlined in the staff repo~ Such an endorsement would also be based upon the understanding that no financial or staff support will be provided. Councilmember Moore questioned whether it was a sponsorship in name only, i.e. that the Counc~ supported the concept and there was no funding or staffing required. Mayor Nader stated there was no funding or staff but it went further than saying the Council agreed with the concept. Chula Vista would be listed on the promotional materials as an endorser. Councilmember Rindone questioned why the co-sponsor would be paid $10.00. He did not feel the City should be making a profit because there were other benefits to the City. He thought the rate should be kept as low as possible in order to encourage better participation. Cheryl Dye, Economic Development Manager, stated it was her understanding that was the practice of the company. A share of the ticket sales went to the non-financial co-sponsors. It had not been a request of the City. Mayor Nader suggested the City's share be applied to economic development, downtown promotion, and other business promotion efforts. Councilmember Rindone felt a bigger issue was to ensure that if the City logo was being utilized it was not to assist individual entrepreneurs for a profit. He had not seen that assurance in the staff memorandum. Ms. Dye stated there was potential for minor profit. What they were looking to do was cover their costs. Councilmember Hotton questioned whether staff knew what the costs would be. Patrick Osio, Cohen, Osio, Perman & Associates, stated the associated costs were for the bus, continental breakfast, lunch, printing, mailing, and telemarketing. For them to make a profit they would need three buses. They did not take into consideration the labor of the principals. It was their intent, as a private sector company, to make a profit. The program was initiated as a promotional vehicle for their services. Councilmember Rindone stated it was his understanding that the company would sign an endorsement and a release to indemnify and hold harmless the City. Minutes September 21, 1993 Page 10 Mr. Osio stated he had suggested that Council's approval be subject to their signing such an agreement. Therefore, they would have an opportunity to see what it was they were signing. Typically, the bus lines they utilized carried insurance and they added the company to the insurance rider as a co-insured. City Attorney Boogaard stated the requirement would be an indemnity for anyone suing the City that their finn would stand up to any legal liability or the cost of defense that would be incurred by the City to protect the City against the third party liability. Mr. Osio stated he would not be willing to sign such an indemnity. Mayor Nader stated the staff report indicated that Mr. Osio had agreed to sign such an agreement. Mr. Osio stated there may have been some confusion. He had indicated there would be an insurance rider listing the City as a co-insured along with Southwestern College and themselves. SUBS1TFLFIE MOTION: (Nader/Fox) to continue the item for one week to allow staff to meet with Mr. Osio to make sure there was a mutual understanding of what was being asked and what the implications were with an agreement brought back to Council. Approved unanimously. Mayor Nader stated he had artended the Downtown Business Association meeting and encountered interest, in concept, by the merchants in being involved in such an activity. He understood the City Attorney's concerns but, also felt it incumbent on the Council to facilitate, rather than hinder, a real opportunity for many of the merchants. City Attorney Boogaard stated the recommendation had been made out of legal precaution due to the use of the Citys logo and exposure to the City's General Fund. If Council felt the benefits of the program were adequate, Council could override that recommendation. Mayor Nader stated the issue was twofold: 1) the City Attorney and Mr. Osio have a mutual understanding as to the proposed agreement; and 2) how the presence of the Citys logo created a liability for anything occurring in a given event. He requested a written response to why the presence of the logo created a liability. Councilmember Rindone agreed that the mere presence of a logo did not declare a liability but, a representation of an endorsement of a project, where there could be a potential harm done and could create a liability. He questioned whether there was additional liability because it was potentially being approved by a public agency instead of being done adminislxatively. c. Designation of alternate to Interim Solid Waste Commission. Mayor Nader stated he had met with Councilmember Rindone and concluded that they would be able to attend the balance of the Solid Waste Commission meetings. d. Selection of voting delegates for the League of Cities. MS ffiorton/Rindone} to designate Mayor Nader as the voting delegate. Councilmember Moore felt Councilmember Horton should be designated as the voting alternate. Agreed to by the Maker and Second of the motion, approvod unanimously. e. Support for legislation to amend the State Welfare and Institutions Code to require juvenile courts to inform school officials of all crimes committed by minors in attendance at their schools. Mayor Nader Minutes September 21, 1993 Page 11 stated he would like to see it incorporated into the Legislative Program so that any legislation that would accomplish that would receive the support of the City. Councilmember Moore felt the Police Deparmaent should also be informed as well as the school. It could be dealt with between the schools and the City in an agreement. MS (Nader/Moore) add to the Legislative Program support for legislation that would require a juvenile court, upon a u'ue finding of criminal conduct of a juvenile enrolled in schools within a city, to inform both the school authorities and the local police department of that finding. Councilmember Rindone supported the motion but did not want any reference to age. There were students in public school programs that were over the age of eighteen. Mayor Nader stated there could be an administrative problem in that the judge would not know what school someone over the age of eighteen was attending. If the information was known he would include that in the motion. Agreed to by the Second of the motion. VOTE ON MOTION AS AMENDED: approved 4-0-1 with Horton absent from the dais. f. Support for City of Imperial Beach and County of San Diego State of Emergency to deal with Tijuana sewage. MSC (Nader/Moore) to direct staff to prepare a letter for signature by the Mayor, and any other Councilmember wishing to sign, to the President and Federal representatives supporting the requesls made by the County of San Diego and the City of Imperial Beach. Approved 4-0-1 with Honon absent from the dais. 17. COUNCIL COMMENTS Councilman Moore · Council action as to source of funding 40 to 45 member contingent from Sister City, Odawara, Japan on 10/29/93 and 10/30/93. Councilmember Moore stated the item had been overtaken by the staff memorandum of 9/1S/93. Councilmember Rindone · Councilmember Rindone stated he had artended a presentation for the Retired Senior Volunteer Patrol (RSVP). They provided valuable police services in the community and utilized the senior volunteers. The program had been implemented successfully in the City of San Diego. MS tRindone/Nader) to refer the RSVP program to staff to see if it would be applicable for the City. A copy of the outline is to be dism~uted to Counc~. Councilmember Moore requested that the item also be referred to the Police Department Crime Prevention Committee. Councilmember Rindone stated it could also be incorporated into the Neighborhood Watch Program. VOTE ON MOTION: approved 4-0-1 with Horton absent from dais. Minutes September 21, 1993 Page 12 Councilman Fox · Navy Remediation Action Contract - Border Environmental Commerce Zone (BECZ) participation. Councilmember Fox informed Council that it had been anticipated that Council would have to take quick action in regards to developments with the BECZ, however, that did not become necessary. There was a possibility that the BECZ would become involved in a major contract regarding base clean-up. There would be a meeting on October 1st for the possible participants of the JPA or whatever governing body was formed. · Status of permits for Central Medical Plaza and discussion of methods to streamline the process. No action taken. ADJOURNMENT The City Council recessed at 9:00 p.m. and reconvened at 9:25 p.m. in closed session 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 GAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 9/14/93. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Jaginco, et al (Borst) - authority to execute settlement agreement in road widening condemnation case. Pursuant to Government Code Section 54956.7 - Approval of evaluation form for appointed officials. Continued from the meeting of 9/14/93. Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San Diego regarding booking fees. ADJOURNMENT AT 9:55 P.M. to a Joint Meeting of the City Council/County Board of Supervisors on Monday, September 27, 1993 at 3:00 p.m. at the County Administration Center, and thence to the Regular City Council Meeting on September 28, 1993 at 6:00 p.m. in the City Council Chambers. A Regular Meeting of the Redevelopment Agency convened at 9:00 p.m. and adjourned at 9:20 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Depu,~y\CCity Clerk )