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HomeMy WebLinkAboutcc min 1993/10/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 5, 1993 Council Chambers 4:00 p.m. Public Services Building CALL TO ORDER 1. ROlL CALL: PRESENT: Councilmembers Fox, Horton, Moore (arrived at 4:37 p.m.), and Mayor Nader ABSENT: Councilmember Rindone ALSO PRESENT: John D. Goss, City Manager; Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attomey; and Beverly A. Authelet, City Clerk 2. PLEDGE OF AIJ.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: September 21, 1993 (City Council Meeting), September 28, 1993 (City Council Meeting), and September 28, 1993 (Special Joint Meeting of the City Council/Redevelopment Agency). The following minutes from the Joint Meetings of the City Council and the San Diego County Board of Supervisors: July 30, 1992, September 24, 1992, September 30, 1992, November 4, 1992, and November 24, 1992. MSC (Horton/Fox) to approve the minutes of September 21, 1993 (Council), September 28, 1993 (Council) and September 28, 1993 (Council/RDA) as presented. Approved 3-0-2 with Moore and Rindone absent. Mayor Nader stated the minutes of the Joint Meetings of the City Council and San Diego County Board of Supervisors would be trailed until Councilmember Moore arrived as Councilmember Fox was not on the Council during that time. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation Commending Captain Robert Bourgeois Upon Twenty-Eight Years of Dedicated Service in the City of Chula Vista - The proclamation was presented by Councilmember Horton to Captain Borgeois. b. Proclamation Commending Captain Merlin Wilson Upon Twenty-Nine Years of Dedicated Service in the City of Chula Vista - The proclamation was presented by Councilmember Fox to Captain Wilson. CONSENT CALENDAR (Items pulled: 9, 10 and 12) BALANCE OF THE CONSENT CAt.ENDAR OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed and approved 3-0-2 with Moore and Rindone absent. Items 8 and 11 trailed until Councilmember Moore arrived. 5. WIll I IPJq COMMUNICATIONS: a. Letter of resignation from the Housing Advisory Committee - Cecilia D. Delgadillo, 313 Sea Vale Street, Chula Vista, CA 91910. It is recommended that the resignation be accepted with regret and the City Minutes October 5, 2993 Page 2 Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. ORDINANCE 2570 AMENDING SECTION 5.08.020 OF THE MUNICIPAL CODE/~RIATING TO ADVERTISING MATEMAI~ ON TRANSIENT RESIDENTIAL PROPERTIES (first reading) - Without regard to the constitutionality of advance prohibition of handbill distribution on hotel/motel property, the amendment creates a procedure by which a hotel/motel operator could call and terminate unwanted handbill distributions. It is recommended that until the impact of the procedure is known, no further or additional prosctiption be created. Staff recommends Council place the ordinance on first reading. (City Attorney) 7. ORDINANCE 2571 AMENDING SECTION 8.23.230, SUBSECTION D (FUNDING AND RATES FOR COIJ.RCTION), SUBPARAGRAPH 2, 'RATES FOR COLLECTION' OF THE MUNICIPAL CODE (first reading) - At the meeting of 9/21/93, Council requested that the City Attorney prepare an amendment to the Waste Management Franchise Ordinance that specifically reserves the authority of the Council to adopt on an expeditious basis a universal flat fee which could be imposed quickly and which would impose the same rate for all persons using the residential waste collection system regardless of whether or not they are actually using the yard waste recycling program. Staff recommends Council place the ordinance on first reading. (City Attorney) 8. RESOLUTION 17266 APPROVING hE'Fl'lj~q_ AGBRRMF2qT AND APPROPRIATING $5,000 FROM THE SPAY/NELrFF~ FUND TO THE COAhlTION FOR PET POPULATION CONTROL - On an annual basis the Coalition for Pet Population Control (CPPC) declares the month of November as "Spay/Neuter Your Pet .) Month". During this month, all area animal control agencies and humane societies support the publicity of the spay/neuter month by donating money toward the campaign. A donation of $5,000 is recommended to be given to CPPC from the spay/neuter account. Staff recommends approval of the resolution. (Chief of Police) 4/Sth's vote required. 9. RESOLUTION 17267 WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF HILLTOP PARK, PHASE I IMPROVEMENTS IN THE CITY, AND REAPPROPRIATING $51,892 FROM CIP PROJECTS PR1S2 LOS NINOS RESt ROOM AND PR168 MEMORIAL PARK IMPROVE1VILNTS PHASE II TO PR17S HILLTOP PARK IMPROVEMENTS - On 8/25/93, six sealed bids were received for the construction of Hilltop Park, Phase I improvements in the City. Of the six bids, the bid from Clancy Constructors was found to be the lowest bid. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) 4/Sth's vote required. Pulled from the Consent Calendar. Mayor Nader stated he was concerned with the delay and also that Council had not been given a menu of projects that could be delayed to accommodate the Hilltop Park project. He felt the Hilltop Park project was very important and he was disappointed that it had taken so long. He had also heard there was a need for the Los Ninos Restroom project and felt the decision as to which projects would be delayed or cut should be a policy decision by Council. Jess Valenzuela, Director of Parks and Recreation, suggested that staff return with a menu of projects that could pay for the Los Ninos Restroom project. He recommended that Council follow through with the project on the agenda. MOTION: (Nader) to mend the resolution to delete the reappropria~on of fun& from the Los Nines Restroom project. Motion died for lack of second. Minutes October 5, 1993 Page 3 Mayor Nader stated the intent of his motion was that the funds would be appropriated but where the funds would be appropriated from would be deferred until Council received the report back from staff. Mr. Valenzuela stated there would not be sufficient funds to award the contract. If the contract was awarded now staff could return with other sources to replace the Los Ninos Restroom project. Mayor Nader stated with that understanding he would support the resolution. RESOLUTION 17267 OFFERED BY COUNCI~ER NADER, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. MSC ('Nader/Fox) staff is to return in three to four weeks with a proposal for reappropriating other funds from the budget to the Los Ninos Restroom project. Approved 4-0-1 with Rindone absent. 10. RESOLUTION 17268 AMENDING THE FISCAL YEAR 1993/94 BUDGET AND APPROPRIATING $9,500 FROM THE SEWER SERVICE FUND FOR THE INSTALLATION OF ODOR CONTROL MEASURES AT TWO SEWER LIFT STATIONS - Severe odor problems have been experienced at two sewer lift (pump) stations over the past year. The stations are the Parkside Drive station in the Woodcrest subdivision and the Otay Lakes station (east of Hunte Parkway). For the past year, staff has been investigating various methods to deal with the problem. Staff has determined that the best solution is a system that periodically injects a substance called BIOX]DE. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Pulled from the Consent Calendar. Councilmember Hotton questioned if Bioxide was a temporary solution or if it would be on-going. She further questioned if the addition of fresh water to the wet well would be a common occurrence. David Byers, Deputy Public Works Director/Operations, responded the addition of fresh water was a remedy that had been tried but it wasted water and did not help. The Bioxide would be an on-going permanent solution. Councilmember Hotton questioned if there were solutions to the problem for new facilities that would be built. Clifford Swanson, Deputy Public Works Director/City Engineer, responded that in new situations the Engineering staff was looking at odor control for low flow pump stations serving very few homes. Developers would have to install odor control as parr of the original project installation. Mr. Byers stated the Parkside Drive situation was that the line going up the hill was about one-quarter of a mile and it served eighty-three homes. The City also required the developer to build a larger than normal size wet well so that in the event of a spill, or pump failure, there would not be a spill. Because the wet well was larger, it had to be full before it could be pumped. Mr. Swanson stated staff was also working on one other area, which was the recently installed metering station by Bay Boulevard. RESOLUTION 17268 OFFERED BY COUNCIIAVIEMBER HORTON, reading of the text was waived, Councilmember Moore questioned if staff lacked experience on designing pumps for uphill pumping. Mr. Swanson did not feel staff lacked the expertise. The reason for the larger than normal wet well was the danger of the extremely long line that contained sewage. If there was a backflow there would be a place for storage. Minutes October 5, 1993 Page 4 Councilmember Moore stated if sewage was going to be collected in a larger than normal wet well then odor would also be accumulated. If there was any experience, staff would have known there would be an odor. It was either inexperience or someone designed it wrong which was usually inexperience. If something was going to be designed that produced an odor then the project should not be approve& Something was wrong and he expected a report back so that it would not happen in some other area. It should be a positive corrective action. · Frances Palumbo, 440 Krista Court, Chula Vista, CA, representing Montillo Home Owners, requested that Council take immediate action to abate the problem. The odor permeated the home through the windows and doors and was present ar all times of the day. She often had to keep her home closed up. · Jim Matzas, 438 Krista Court, Chula Vista, CA, requested that Council deal with the problem expediently. Councilmember Horton questioned why it had taken staff so long to reach a solution. Mr. Byers responded that staff first felt the problem was caused because the development was not complete. Staff had been working for approximately one year to find a solution that did not involve toxic or hazardous materials. Bioxide was a new product and studies done in Leucadia had shown that the product worked. Councilmember Moore stated he had a problem with solving the problem with chemicals as it only killed the odor. He felt staff should review the situation to see if it should be redesigned. VOTE ON RESOLU'HON 17268: approved 4-0-1 with Rindone absent. 11. RESOLUTION 17269 ADDING FOUR PROJECTS TO THE 1993/94 CAPITAL IMPROVEMENTS PROGRAM ((ZIP) AND APPROPRIATING $16,394 FROM THE FEDERAL DISASTER ASSISTANCE FUND (FUND 601) AND AUTHORIZING STAFF TO U'HLIZE INFORMAL BIDDING PROcRI~URES FOR CERTAIN DRAINAGE PROJECTS - As a result of last winter's storms, flooding and erosion damages occurred in several major watersheds. The Federal Emergency Management Agency (FEMA) and the State Office of Emergency Services (OES) have approved funding for several projects to repair damage and mitigation measures to prevent recurrence in several situations. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Councilmember Horton questioned how it was determined what areas were in the City in the Willow Street and Bonita Road project. John Lippitt, Director of Public Works, responded the City did the submittal for the entire project even though a good portion was in the County area. Everything west of the bridge was in the County, everything south of the curb line was in the County. It was all under a grant from the federal government. 12. REPORT FORMATION OF AN AD HOC COMIVII'FI'I~E TO ASSIST IN THE REVISION OF MUNICIPAL CODE SECTIONS DEALING WITH CONDITIONAL USE PERMITS - In response to a component of the Permit Streamlining Workplan approved by Council, staff has initiated a review of Code sections dealing with Conditional Use Permits. The Workplan calls for creation of an advisory committee to assist in the effort. Staff recommends Council give direction to contact the Planning Commission, Economic Development Commission, Chamber of Commerce, and recent project applicants, and return with a list of committee members for appointment by Council. (Director of Planning) Pulled from the Consent Minutes October 5, 199B Page 5 Councilmember Fox supported the staff recommendation but felt a seventh member should be added from the Resource Conservation Commission. MS (Fox/Moore) to mend staff recommendation to include one member from the Resource Conservation Commission. Councilmember Moore stated the staff report had called it an advisory task force and six member committee. He felt it was an ad hoc task force and should have a sunset time. Robert Leiter, Director of Planning, responded that they expected it to be done within six months. Councilmember Fox, as the Maker of the motion, agreed to set a six month sunset period for the ad hoc task force. VOTE ON MOTION AS AMENDED: approved 3-0-2 with Nader absent from the dias and Rindone absent, 13. REPORT COMMENTS TO THE CITY OF SAN DIEGO REGARDING THE PALM PLAZA WAIgaYRT PROJECT - On 7/2/93, Council received a written communication as to staffs review of the Draft EIR for the Palm Plaza Walmart project located in the City of San Diego on the Otay Mesa. Included with the communication was a copy of the letter sent to the City of San Diego outlining concerns with the proposed project. The report serves as a follow up to that communication and the San Diego Planning Commission's subsequent recommendation to the San Diego City Council for approval of the project. Staff recommends Council accept the report and authorize staff to prepare a letter for the City Manager's signature to the San Diego City Council requesting continuance of the project until such time as the project traffic study has been made available for the City's review. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND }~F.I.ATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS · Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, informed Council that bus drivers were not required to wear seatbelts if they were not provided in the bus. She questioned why those that were responsible for others safety were not required to wear seat belts. Mayor Nader stated the City Attorney would take note and advise the Council accordingly. BOARD AND COMMISSION RECOMIMENDATIONS 14. Letter requesting a joint workshop with the Planning Commission and Resource Conservation Commission - Council had previously requested that a joint workshop with the Planning Commission and Resource Conservation Commission be conducted to discuss issues relating to the California Environmental Quality Act (CEQA). The Planning Commission is now requesting specific direction from Council regarding scheduling of the workshop. (Thomas A. Martin, Chair, Planning Commission) Minutes October 5, 1993 Page 6 Robert Leiter, Director of Planning, wanted direction regarding both a CEQA workshop and a meeting with the Planning Commission in a tour format on December 4th. MS (FoX/Horton) to approve Recommendation #2, to utilize the proposed December 4th joint workshop meeting for a CEQA workshop rather than a workshop\tour, and invite the Resource Conservation Commission. Approved 3-0-2 with Moore and Rindone absent. ACTION ITEMS 1 S. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. Deputy City Manager Krempl gave Council an update on the two day workshop Councilmembers Horton and Rindone had arcended. There was concern expressed by the Interim Commission regarding the operational aspects of the NCRA facility and the costs the County system was saddled with. The County Board of Supervisors would be considering what to do with the tipping fee and the recommendations of the Solid Waste Interim Commission. City Manager Goss was at that meeting presenting information on why the City felt the fee should stay at $43 and why certain items should be referred back to the Commission for further deliberations. The City was endorsing some of the operational cuts and some of the revenue enhancements recommended but could not support, and did not feel it was sound for the mitigation fees and solid waste fees to be removed. If the County chose to do otherwise, then the interim agreement would have to go back out to each city council for amendment because of the language in the agreement. Should that be the case, staff would keep the Council advised and would consult with the City Attorney regarding legal options. Councilmember Fox stated previous action by the Interim Commission was the adoption of Councilmember Rindone's motion which was to come back with a plan to keep the tipping fees at $43/ton and questioned what the response was when the plan was to increase the tipping fee. Mr. Krempl stated the direction from the Commission was to refer it back to the Management Committee and staff to come back with what it would take to keep the tipping fee at $43/ton. The response was that staff had looked at the various aspects and felt that with a great deal of cutting on their part, that $47/ton was all they could achieve without jeopardizing some of the state mandates and functional operation of the system. Obviously that was debatable and through the further recommendations of the San Diego Waste Disposal Association there were a number of options which could reduce it further. Supervisor Slater had indicated that the Board of Supervisors would take a hard look at any increase above the $43/ton. The Management Committee, in arriving at the $47/ton recommended that the mitigation fees and solid waste facility fees remain intact. Staff would return to Council on 10/19/93 with additional information regarding the RFP process. Mayor Nader stated it was his understanding from the City Attorney that under the agreement the City had signed, the City would be enti~ed to the host fee for the Otay Landfill regardless of what action the Commission took. City Attorney Boogaard responded the City had the contractual right to the payments despite the Interim Commission. Councilmember Moore arrived at 4:37 p.m. MAYOR NADER OP'P'ERED RESOLUTIONS 17266 and 17269, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. Minutes October 5, 1993 Page 7 Mayor Nader stated he had been contacted, after the preparation of the agenda, by W. T. Gurnee, President & CEO of San Diego Shipbuilding & Repair, Inc., and was informed there was an imminent possib~ity of significant employment loss in the community if Council did not reconsider action taken last week. He felt it would be appropriate for Mr. Gurnee to make a presentation to the Council. MS (Nader/Fox) to make a finding that the mat~ex of the San Diego Shipbuilding lease on the Chula VLsta Bayf~ont be added to the agenda as an urgency item as the information was brought to Council's attention too late to be put on the posted agenda. Mayor Nader stated the item would be trailed until Councilmember Moore had an opportunity to review the materials. Councilmember Moore stated it took a 4/5th's vote to put the item on the agenda and questioned if it only took three votes to change the Council's previous action. City Attorney Boogaard responded that was correct. Councilmember Moore stated he had a problem with that and requested that Council agree to a 4/5th's vote to take any action. City Attorney Boogaard questioned whether Councilmember Moore agreed to take testimony, remove themselves to Closed Session for discussion of any legal aspects, but not take any action at the meeting but at a subsequent Council meeting on a majority vote with full Council. RBSTATEMENT OF ORIGINAh MOTION: (Fox,~loore) to make a finding that the matter of the San Diego Shipbuilding lease on the Chula Vista Bayfront be added to the agenda as an urgency item as the information was brought to Councfl's attention too late to be put on the posted agenda. Approved 4-O-1 with Rindone absenL · W.T. Curnee, President & CEO of San Diego Shipbuilding & Repair, Inc., stated their company had been in Chula Vista since 1981 and had employed over 300 people at one time at the property on Lagoon Drive. They had paid rents during that time approaching $1 million. They were now in a very difficult situation and since 1992/93 had trimmed their operations in an effort to try and bid on other contracts and bring in more business. They were successful and some of those contracts were signed within the last month. He had provided staff with information from Nations Bank of a financing commitment for over $2 million to fund some of those projects. The financing would allow them to carry-on projects, continue with their obligations to the City, and recover from the arrears to the City. They wanted to stay in Chula Vista and employ people from Chula Vista. Mayor Nader questioned how long an extension Mr. Gurnee would need on the Council's direction to vacate the premises in order to get his financing in place to meet his obligations. Mr. Curnee responded the financing was already in pIace to carry-out the projects. They would make progress payments over the year to keep themselves current and catch-up the arrears. Councilmember Hotton questioned whether the City Attorney had reviewed the financing commitment from Nations Bank. Glen Googins, Deputy City Attorney, responded that he had reviewed the financing commitment. It was in the form of a Letter of Interest which provided that Nations Bank was interested in making a commitment to Hyperbaric Technologies Inc. in the amount of $2,150,000. It was not a loan commitment. Minutes October 5, 1993 Page 8 Mr. Curnee stated the letter was dated 9/8/93 and the loan commitment from Nations Bank was based on receiving the contract signed by the Board of Regents of the University of California. That document had been signed and forwarded to Nations Bank. A firm commitment letter had been received and he would give it to staff. City Attorney Boogaard stated the document with UCLA was a service agreement which was not like a sales agreement. Councilmember Horton questioned the number of employees at the facility in Chula Vista. She requested that Mr. Gurnee forward that information to staff. She questioned whether documents were available that would verify that his assets were pledged to other banks or through cross corporate guarantees. Mr. Gunnee responded there was approximately 50 or 60 people employed at the site. He stated he had those documents available. City Attorney Boogaard stated if it was true, there was no security left to secure the debt of $94,000. Mr. Gunnee stated that was incorrect. The machinery at the plant was not secured by any debt. City Attorney Boogaard stated he recalled the conservation as Mr. Gurnee would investigate as to whether or not they were secured and would get back to staff. Staff did not receive word back on that security but he felt it was largely non-security because it did not have a ready market place for resale. Councilmember Horton questioned how the funds from the lending institution would be disbursed. She wanted the full amount set aside in a special account for the City and the City would withdraw a specified amount on a monthly basis. Mr. Gurnee responded it would be through progress payments. He had not explored that option but felt it could be done through him rather than the lending institution. Something could be done to secure his payments to the City. The progress payments were spread out over time and did not come in one lump payment. Councilmember Horton stated if the bank was aware of the situation they might allow Mr. Gurnee to forward the full amount to the City in order to keep their operations going. Mr. Gurnee stated he could not comment on that recommendation. Councilmember Fox questioned if the lender was aware of the delinquent lease situation. He further questioned if the bank was aware of the situation if it would affect his ability to secure the loan. Mr. Gurnee stated they were not, they did have the financial statements. He could not answer for the bank. Councilmember Moore questioned whether Mr. Curnee would agree to work with staff to thoroughly inspect the building and leased grounds as to the use, storage, and soils test. Mr. Curnee stated they had done all that within the last year. There had been an asbestos test and soils test. Mr. Salomone stated that was correct. At Council's direction, staff began that proceeding last December and staff was satisfied. Mr. Gurnee had given staff the right of access should the City require further inspection. Councilmember Moore stated he was concerned with the statement of 300 employees, the use of the building, and the use of the area that was not part of the lease. He would like it explored as to what property was being leased, what the boundaries were, and if there were violations. He also questioned how Minutes October 5, 1993 Page 9 many times they had been delinquent over the eleven years, the methods used to launch craft into the water, and ff there were violations of the environmental laws. Councilmember Hotton questioned how much time would be needed to submit all the commitments to the City, including the funding commitment from the lender. She did not feel anything could be done until the City was assured there was a source of payment. Mr. Gurnee felt he would have a source of payment before the end of October. The commitment letter for $1,350,000 for the UCLA contract was available immediately. Councilmember Moore stated it was his understanding that Mr. Gurnee was currently trying to collect payments for work done on a previous contract. He requested that Mr. Gurnee supply the City with verification that money was owed to them and the process they were using to collect it. Mr. Gurnee responded that was correct, it was $1.5 million. They had employed Luce, Forward, Hamilton, & Scripps and it was being paid for by his company and the bank. Councilmember Horton questioned whether Mr. Gurnee would be agreeable to go to the lender and have an assignment of loan proceeds, in the amount of $94,000, set aside for back payments of the lease. Mr. Gurnee stated it would require renegotiation of the loan to change the progress payment terms. Progress payments were not 100% of the contract amount but, a percentage of 80% to 85% with the last 20% at the end which was the manufacturers profit. He would see if the loan could be renegotiated. Mayor Nader questioned if Council suspended the action previously taken until the end of the month, if he would be able to have everything in hand to guarantee that he would become current on the lease. Mr. Gurnee stated if the question was whether he would have the necessary documentation, he felt that was correct. If he was asking whether he would be current at the end of the month, the answer was no. City Attorney Boogaard stated he had several recommendations that he wanted to discuss with Council in Closed Session. Mayor Nader stated they would discuss the item in Closed Session upon the recommendation of the City Attorney. ITEMS pU1J.~.F) FROM T[qE CONSENT ~AR_ Items pulled: 9, 10, and 12. The minutes will reflect the published agenda order. OTHER BUSINESS 16. CITY MANAGER'S REPORT(S) a. City Manager Goss updated Council on the Board of Supervisors meeting he attended. The issue of whether the tipping fee should be modified was discussed. Last year it was $28/ton and was presently $43/ton. There were four recommendations: 1) by the City Manager's Management Committee to the Interim Commission; 2) by the Interim Commission; 3) by the San Diego Disposal Association; and 4) by the County staff. The Board bought into most, if not all, of the recommendations to reduce the cost of the operation of the Solid Waste Disposal Department of the County. That included reducing the bin side operations at four sites to one day per week and closing the Borrego landfill for an additional two days, Minutes October 5, 1993 Page 10 reducing the Ramona landfill to services five days a week, closing Sundays at the Otay, San Marcos, and Sycamore landfills. Various subsidized programs such as the County office recycling program, the technical assistance program, and the tonnage grants would be eliminated. The City had bene~ted from that in the past. They would also reduce the nuisance abatement program, the household hazardous waste program, and recycling activities. There were also proposals which varied widely to take other operating cuts in terms of the operation of the department. It appeared by the action of the Board there would be twenty-four full time positions removed from the operation. A number of capital projects would be deferred, i.e. closure reserve reimbursement, cutting budgeted debt service, and deferring the inactive sites flares program. The County staff recommendation would have led to a tipping fee increase to $52/ton, the City Manager's Management Committee recommendation would have increased the fee to $53/ton, the Disposal Association recommendation would have raised the tipping fee to $45/ton, and the Interim Commission recommendations would have raised the tipping fee to $46/ton. He pointed out to the Board that the City had supported reduction in the tipping fees. The Management Committee had recommended that the host fees and mitigation fees not be eliminated and that the mitigation and facility fees were negotiated in good faith and incorporated into the interim agreement and that some cities had signed the agreement in reliance of that language which had been acknowledged by the Board. Efforts had been made to maintain the integrity of the agreement and there was a need to forestall additional amendments. While there had not been an agreement on the amount, there had been conceptual discussion between Chula Vista staff and County staff that some percentage of a host fee or facility fee would be appropriated to use in connection with Otay Valley Regional Park. If the facility fee was dumped, the Board would be dumping their interest in supporting the regional park. The Board took action to retain the tipping fee at $43/ton and to send it back to the Interim Commission to look at the variety of reductions recommended. It was also sent back to their staff to look at other issues which would include the impact of bonding on the rates and the tipping fee. The Board also took $3 million from the facility reserve and $5 million from the inactive site flare system, subject to additional consideration and report back by staff. The Board clearly acknowledged in their testimony that the mitigation facility fees were negotiated in good faith and were incorporated into the language of the agreement and that some cities could have signed in reliance to that language. They also recognized that the agreement could not be modified without a vote of all the cities that were signatory to it. Even if one city opposed a budget without a facility fee it was dead according to the Chairman of the Board. After action was taken by the Board, there was a referral to staff to come back with a scheme to have a 50% cut in the County staff of the operation of the landfill. Mayor Nader stated he was concerned with the proposal to delete the County's recycling and conservation programs. He felt it would be penny wise and pound foolish. He questioned whether staff was preparing appropriate information for the Council's representative. He felt some of the proposed cuts could have potential environmental and economic consequences on the ratepayers. Councilmember Moore stated it was a lot more than management of trash in a pit. It was a solid waste management system. Most of the money was going for staff that was involved in all of the programs, which included the expansion programs and new landfill site programs. If everyone had been kept aware of the actual costs of the individual programs all along, everyone would have had a better picture of the problem. Unless there was a cushion over and above operations and maintenance and capital improvements there was no way the Otay Landfill could be expanded. He felt staff should supply the operating expenses and what the savings would be with the proposed cuts. He also questioned what the costs were of the mandated programs. City Manager Goss stated the needed capital programs were $32 million which did not include new landfills or sites, but to meet the requirements of what they currently had. That amount would not be funded out of the tipping fee. b. City Manager Goss stated the City received approval of $269,000 for the AB2766 funding plan. It would fund all of the projects except for the Employer Trip Reduction Program which would be handled through a pool. He commended Barbara Bamburger for her diligent work on the grants. Minutes October 5, 1993 Page 11 Councilmembers Fox and Moore commended Ms. Bamburger on her presentation and representation of the City's program. c. City Manager Goss stated that through the Literacy Program and the Chula Vista Library, in conjunction with Southbay Community Services, there would be an evening homework assistance center opened at the Library every Tuesday evening from 7:00 - 8:30 p.m. for grades 7 - 12. The tutors were from Southwestern College and UCSD and had been screened by Southbay Community SenAces. It would be flee and there was no financial obligation on the part of the City. 17. MAYOR'S REPORTf S) · Mayor Nader thanked Mexico for reaffirming what their ambassador had told him last January which was 'no" to Twinports. He hoped there would now be a serious joint effort between the City of San Diego, the City of Chula Vista, and other entities in the region for real economic development. Expansion of Lindberg Field was a more economical alternative, and was a viable alternative, as the Port District studies had shown since NTC would be moving. 18. COUNCIL COMMENTS - None ADJOURNMENT The City Council recessed at 6:05 p.m. and reconvened at 6:15 p.m. in a closed session immediately following the Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 9/28/93. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Schaefer. Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista. ADJOURNMENT AT 8:45 P.M. the Regular City Council Meeting on October 12, 1993 at 6:00 p.m. in the City Council Chambers. A meeting of the Redevelopment Agency convened at 6:06 p.m. and adjourned at 6:13 p.m. Respectfully submitted, ',~ Y A~.~A~U. THELET, CMC, City Clerk Vicki C. Soderquist, Dep~t~C~ty Clerk