HomeMy WebLinkAboutcc min 1995/04/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, April 18, 1995 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Moot, Padilia, Rindone, and Mayor Horton
ALSO PRESENT: John D. Goss, City Manger; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: April 4, 1995 (City Council Meeting) and April 4, 1995 (Joint City
Council/Redevelopment Agency Meeting).
MSC (Padilia/Moot) to approve the minutes of April 4, 1994 (Council) and April 4, 1995 (Joint Council/RDA)
as presented. Approved 3-0-0-1 with Rindone abstaining.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation commending Bethany Jenkins on her participation in the California Junior Miss
Program in the City. The proclamation was presented by Mayor Pro Tem Rindone to Bethany Jenkins.
b. Proclaiming the month of April 1995 as "Fair Housing Month" in the City. The proclamation was
presented by Mayor Pro Tern Rindone to Joyce James, Past President of the Fair Housing Board.
c. Proclaiming the month of April 1995 as "Teaching Toxics Month" in the City. The proclamation was
presented by Mayor Pro Tem Rindone to Pamela Jackson, Household Materials Supervisor fbr the County of San
Diego Department of Environmental Services and Michael Meacham, Chula Vista Conservation Coordinator.
d. Proclaiming the week of April 9 through April 15, 1995 as "Telecommunications Week" in the City.
The proclamation was presented by Mayor Pro Teln Rindone to Sarah Turner, Lead Communications Operator, on
behalf of Chula Vista Public Safety Communications Personnel.
e. Proclaiming the week of May 10 through May 14, 1995 as "U.S. Navy Armed Guard Days." The
proclamation was presented by Mayor Pro Tem Rindone to Joe Zapotocky and George Kost.
f. Presentation to City Council regarding the Police Department's first place finish Baker to Vegas 120
mile relay race. The presentation was made to Council by Brian Truel, Agent; Richard Coulson, Agent; and Ken
Dyke, Lieutenant of the Chula Vista Police Depar|ment.
CONSENT CALENDAR
(Items pulled: 11 and 14)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was
waived, passed and approved unanimottsly.
5. WRITTEN COMMUNICATIONS:
Minutes
April 18, 1995
Page 2
a. Letter from the City Attorney stating that, as a result of deliberations that occurred in Closed Session
on 4/4/95, the City Council authorized the City Manager to demand and commence arbitration contingently,
as he deems appropriate, in the Metro Sewer Billing matter. Except for the foregoing, there was no other
observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be
received and filed.
b. Letter of resignation from the Planning Commission - Thomas A. Martin, 1438 Platano Ct., Chula
Vista, CA 91911. It is recommended that the resignation be accepted with regret and the City Clerk be directed
to post immediately according to the Maddy Act in the Clerk's Office and the Public Library.
c. Letter requesting an ordinance be written prohibiting people from congregating in front of or on
property of any business for the sake of seeking "that day's" employment. Manuel Adler, President, Royal
Carpet Warehouse & Interiors, 45 North Fourth Ave., Cbula Vista, CA 91910. It is recommended that the request
be referred to staff for report and recommendation.
d. Letter of resignation from the Youth Commission - Julia Wubenhorst, 518 Elm Ave., Chula Vista, CA
91910. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Libmr),.
6. RESOLUTION 17862 ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND
APPROPRIATING SAID DONATED FUNDS TO PURCHASE A SNIPER RIFLE FOR THE POLICE
DEPARTMENT'S SPECIAL WEAPONS AND TACTICS TEAM - On 2/7/95, the Police Department received
an unsolicited $1,300 donation from the North Island Federal Credit Union. The donation was designated for the
purchase of a sniper rifle tbr the S.W.A.T. Team. Staff recommends approval of the resolution. (Chief of Police)
4/5th's vote required.
Councilmember Rindone hoped a letter of appreciation would also be sent to North Island Federal Credit Union.
7. RESOLUTION 17863 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 13, 1995,
FOR AN ORGANIZED MARCH SPONSORED BY A LOCAL COMMITTEE OF THE NATIONAL MARCH
FOR JESUS ORGANIZATION - The South Bay Pastoral Steering Committee of the National March for Jesus
organization is requesting permission to conduct an organized March for Jesus on May 13, 1995. Staff recommends
approval of the resolution. (Chief of Police and Director of Parks and Recreation)
8. RESOLUTION 17864 AUTHORIZING SUBMISSION OF FISCAL YEAR 1995/96
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM The fiscal year 1995/96
Transportation Development Act Article 4.0 claim to support Chula Vista Transit operations and capital
procurements is in the amount of $3,984,630. Staff recommends approval of the resolution. (Director of Public
Works)
9. RESOLUTION 17865 APPROVING SUBMISSION OF FISCAL YEAR 1995/96
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 CLAIM FOR HANDYTRANS
OPERATION - The claim to support Handytrans operation during fiscal year 1995/96 is in the amount of
$172,690. Staff recommends approval of the resolution. (Director of Public Works)
10. RESOLUTION 17866 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR
PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 1995/96, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME -The agreement authorizes the City to claim $99,743 of County Transportation
Minutes
April 18, 1995
Page 3
Development Act Article 4.0 funds for Chula Vista Transit services in the unincorporated area during fiscal year
1995/96. Staff recommends approval of the resolution. (Director of Public Works)
11. RESOLUTION 17867 WAIVING THE CONSULTANT SELECTION PROCESS AND
APPROVING AGREEMENT WITH INFRASTRUCTURE MANAGEMENT SERVICES, INC. (IMS) FOR
PAVEMENT TESTING/CONDITION ANALYSIS, DATA COLLECTION, AND MANAGEMENT
SERVICES - The City's pavement condition field data is outdated and new testing/data is required for the entire
street network. Infrastructure Management Services, Inc. (IMS) is the company that performed the original
pavement testing in the late 1980's. IMS is the only company that can update the Pavement Management System
data and provide IMS compatible software updates. Staff recommends approval of the resolution. (Director of
Public Works) Pulled from the Consent Calendar.
Councilmember Rindone questioned if the City Attorney concurred with the recommendation on page 11-3, "The
requirement for the errors and omissions insurance in the City's standard two party ....................... ".
Mr. Boogaard replied that he had reviewed it and approved.
RESOLUTION 17867 OFFERED BY COUNCiLMEMBER RINDONE, reading of the text was waived, passed
and approved unanimously.
12. RESOLUTION 17868 GRANTING AN EASEMENT TO SDG&E FOR ELECTRICAL
FACILITIES WITHIN AN OPEN SPACE ADJACENT TO TERRA NOVA DRIVE IN RANCHO DEL REY
SPA II, PHASE 2, UNIT NUMBER 3 (TRACT NUMBER 89-5) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID EASEMENT ON BEHALF OF THE CITY - SDG&E has submitted a request to obtain an
easement within a City open space lot to install an underground utility vault and conduit for underground electrical
lines, which are part of the system providing electrical service to the residential subdivision designated as Tract
Number 89-5. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks &
Recreation)
13. RESOLUTION 17869 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 27, 1995,
FOR A 5K/10K ROAD RACE SPONSORED BY THE BONITA ROAD RUNNERS - The Bonita Road Runners
organization is requesting permission to conduct a 5K and 10K road race around Rohr Park on Saturday, 5/27/95.
Staff recommends approval of the resolution. (Director of Parks and Recreation)
14. REPORT CULTURAL ARTS FESTIVAL - 1996 - On 2/28/95, during discussion of City-
sponsored special events, Council directed staff to develop a plan tbr combining the resources of Winterfest, the
Cultural Arts Festival, and the Community Pride Fair into one premier event. Staff recommends Council approve
the continuation of planning and implementation of the 1995 Cultural Arts Festival scheduled for 5/20/95, and
support a concept plan and proposed budget for a Cultural Arts Festival in 1996, combining available City resources
from Winterfest, the Cultural Arts Festival, and the Community Pride Fair. (Director of Parks and Recreation)
Pulled from the Consent Calendar.
Councilmember Rindone hoped a public announcement would be scrolled across the screen for the rebroadcast of
the meeting for any group that ~vanted to participate in the planning of the Cultural Arts Festival - 1996.
· Rod Davis, 1727 #38 Melrose Avenue, Chula Vista, CA, stated h~ ran Harbor Days last year and he was
supportive of the combined event. They spent half of his statics time (3 people) for the six weeks preceding the
event and they had a full-time event manager who spent 70 hours/week on the event. He did not feel City staff and
volunteers would have enough time to put on the event. He recommended that in the budgeting process for the new
combined event it include an event manager.
Minutes
April18,1995
Page 4
Mayor Horton questioned how much an event manager would cost the City.
Mr. Davis replied that $10,000 had been paid to the event manager for Harbor Days.
Jess Valenzuela, Director of Parks & Recreation, informed Council that the combined event recommended would
be conducted in 1996. He suggested that if there was a consideration for an event manager that it be looked at
during the budget process. The event occurring next month was the Cultural Arts Festival in Memorial Park.
Councilmember Rindone stated staff was asking for $23,000 in Port funds for next and was an aggregate of Port
funds for the other projects. With the expanding resources of the Port and the recommendation made by Mr. Davis,
staff may want to rethink that and come up with a number that might be incorporated into the initial request to the
Port and that the back-off position would be $23,000 and not something less.
Mr. Valenzuela replied that the application had not been submitted and staff could incorporate that as part of the
application.
MSUC (Horton/Padilla) to approve the staff recommendation.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING CONSIDERING WAIVING OF PLAN CHECK AND PERMIT FEES FOR
CONSTRUCTION OF PRIVATE STORM DRAIN AT DON LUIS MOBILE ESTATES - Luis Cacho, Sr.,
owner of Don Luis Mobile Estates, requested assistance with construction of a private storm drain and that plan
check and permit fees for said construction be waived. The proposed storm drain will be a connecting link between
an existing public storm drain which flows into a small natural channel and an existing private storm drain on Mr.
Cacho's property. The City proposes to participate in the construction by providing funds in the amount of $5,400
for the construction of two cleanouts. Mr. Cacho will assume the majority of the cost and will enter into an
agreement for said construction and maintenance. Staff recommends approval of the resolution. (Director of Public
Works)
RESOLUTION 17870 WAIVING PLAN CHECK AND PERMIT FEES FOR CONSTRUCTION
OF PRIVATE STORM DRAIN AT DON LUIS MOBILE ESTATES, APPROVING AGREEMENT WITH
DON LUIS MOBILE ESTATES FOR CONSTRUCTION AND MAINTENANCE OF A PRIVATE STORM
DRAIN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING
$5,400 FROM THE UNAPPROPRIATED BALANCE OF FUND 227, STORM DRAIN REVENUE FUND
TO DR124 - STORM DRAIN DON LUIS MOBILE ESTATES - 4/5th's vote required.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
the public hearing was declared closed.
RESOLUTION 17870 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Moot questioned how much of his own funds the applicant was putting into the project.
John Lippitt, Director of Public Works, replied that the applicant bought the pipe for $5,000-$6,000 and it would
cost another $8,500-$10,000 to install it. He had already spent approximately $5,000 on engineering.
VOTE ON RESOLUTION 17870: approved unanimously.
Minutes
April 18, 1995
Page 5
16. PUBLIC HEARING FORMATION OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE
GREENS II) - On 2/28/95, Council adopted the Resolution of Intention to order the acquisition and financing of
certain infrastructure serving the EastLake Greens II properties pursuant to the Municipal Improvement Act of 1913.
On the same date, Council adopted the resolution giving preliminary approval to the Engineer's Report for
Assessment District Number 94-1 (EastLake Greens II) and setting public hearings for 4/4/95 and 4/18/95 for the
purpose of hearing public testimony. The first public hearing was held on 4/4/95. Staff recommends the Dublie
hearing be onened and continued to 4/25/95. (Director of Public Works)
This being the time and place as advertised, the public hearing was declared open.
MSUC (Rindone/Padilla) to continue the public hearing to the meeting of 4/25195 at 6:00 p.m.
ORAL COMMUNICATIONS
® Rod Davis, 235 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, informed
Council that on 4/24/95 the mayors from Chula Vista and Tijuana, members from the Convention/Visitors Bureau,
and both Chambers of Commerce, would hold a press conference in Chula Vista to announce a regional partnership
for progress and the Si/Yes button program. On 5/13/95, the Chamber would be holding their second annual
Graffiti Out.
· Bill Ayers, 44 East Mankato Street, Chula Vista, CA, re/i~rred to Items 7 and 13 on the agenda and felt
the actual streets to be closed should be included on the agenda for public information.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
17. RESOLUTION 17871 REQUESTING THAT COUNCIL APPROVE IN CONCEPT AN
AGREEMENT WITH THE EASTLAKE DEVELOPMENT COMPANY THAT WOULD REQUIRE
EASTLAKE TO TRANSFER ECONOMIC INCENTIVES TO A HIGH TECH COMPANY LOCATING IN
THE HIGH TECH/BIOTECH ZONE IN EXCHANGE FOR THE CITY PROVIDING CERTAIN
CONCESSIONS TO EASTLAKE, AND DIRECTING STAFF TO RETURN WITH A WRITTEN
AGREEMENT FOR CITY COUNCIL ADOPTION - Council has created a High Tech/Biotech Zone within the
EastLake Business Park. The purpose of the Zone is to oft~r incentives to attract high technology, biotechnology,
and biomedical firms in order to capture jobs and tax revenues. The Zone is being implemented with the EastLake
Development Company as a highly creative public-private partnership. Staff recommends approval of the resolution.
(Director of Community Development)
Chris Salomone, Director of Community Development, stated the Council had approved the High Tech/Bio Tech
Zone and asked staff to return with a menu of incentives. However, an opportunity had been presented to the City
prior to that menu being approved by Council. Staff felt the City needed to be proactive and act in a timely fashion
as the company had indicated that they would be making a decision later in the week. Staff was asking that Council
retain their unfettered discretion to have staff return with a separate contract froth that menu agreement taking items
that staff felt would be of equal or greater value and oft~ring them as the incentive. In order to be business friendly
and proactive staff felt they needed to get the approval, at least in concept, understanding that Council would retain
discretion to later see the contract and approve it.
Mr. Boogaard stated he had proposed a revision to the resolution which in his judgement gave Council greater
flexibility than the original resolution.
Minutes
April 18, 1995
Page 6
RESOLUTION 17871, AS AMENDED, OFFERED BY MAYOR HORTON, reading of the text was waived.
Councilmember Rindone requested that stall' discuss the possibility of changing Olympic Boulevard to Olympic
Drive with the representatives from the Olympic Training Center. He questioned if all 175 jobs would be
transferred or if it would be just the added 75 .jobs from the expansion.
Mayor Horton replied that it was her understanding that the company currently had 100 employees. With the new
facility they would be adding an additional 75 employees fur a total of 175 employees. If they moved out of the
City the City would lose 100 jobs and the new additional 75 jobs.
Councilmember Padilia stated he would normally be reluctant to look at any agreement where complete values and
cost calculations had not been delineated. He congratulated staff on the report and felt some of the options were
innovative. He felt staff had made the right decision to move forward quickly in bringing the item to Council.
Councilmember Moot questioned how staff determined the value of the incentives to be provided and if an analysis
of similar incentive programs had been done with the City of San Diego, which he assumed was the City's prime
competitor. He further questioned how staff would evaluate, in the future, the amount of incentives that would be
offered to any particular company. The important thing to keep in mind was that the first one created a benchmark.
Mr. Salomone replied many of the items on the menu had not been quantified and would require negotiations and
quantification by consultants to determine their value. In the particular case before Council, staff took items they
knew were capital improvements where the value could be quantified or there was an agreement on the value
between the City and EastLake that both felt was fair. Those would be the ones that would be offered. Hopefully,
staff would not be bringing Conncil any values that were subjective in nature.
Councilmember Moot stated his question was more directed toward the amount of the incentive, i.e. $325,000.
How did staff arrive at that figure? That was the figure the next company would be comparing their request to.
Mr. Salomone replied it was a market driven competition. The City was in competition with the City of San Diego,
other industrial type facilities at Brown Field, and surrounding cities. Stall' knew what the land cost was on the site,
what the fees were, if there were assessments, and what the land values were at EastLake. EastLake was writing
down those land prices to be competitive and they were trying to make up what they felt was the difference to create
an even playing field. In addition, they were trying to convince the company that the amenities and ultimate equity
they would have in the EastLake business park would be a t~r greater value than if they went to a neighboring city.
Councilmember Moot stated one of his committee assignments was to represent the City on the South County
Economic Development Committee and one of the experiences he had learned was that the City of San Diego had
found a need to be able to quantify the amount of incentive given and the type and size of company that that
incentive would be provided to. The general consensus was that the process needed to be standardized in a manner
so that they would be comparing "apples to apples and oranges to oranges". A company that would bring in 25
jobs should not have the same expectations as a company that would bring in 200 jobs. He felt it important, because
the proposed deal could set a benchmark, that the City work between now and when the contact would be brought
back to be able to articulate the size of the incentive, visa vie the benefit it was bringing to the City. He felt that
process would become extremely important.
Mr. Goss stated one of the problems was that there was a competition involved. Even though the City may be
offering incentives and the menu was not totally fleshed out, he felt there was going to be a limit as to what amount
there would be or how far the City could go.
Councilmember Rindone felt Councilmember Moot's comments were appropriate. He felt the City Manager's
comments were accurate as well. In order to seed the project and to get the zone started those companies may
receive greater incentives because they would encourage other companies. He was pleased staff had proposed
ofl~ring incentives without an outflow of cash from the City. He felt staff had been very creative.
Minutes
April 18, 1995
Page 7
VOTE ON RESOLUTION 17871: approved unanimously.
18. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
John Lippitt, Director of Public Works, informed Council that the City submitted a check for a portion of the bill
from San Diego. The amount sent was related to the maintenance and operation costs of the system. Staff had
previously sent a check for the capacity charge based on the 1960 agreement. All other charges would be arbitrated
or would be addressed in Meet & Confer with San Diego.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 11 and 14. The minutes reflect the published agenda order.
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Mr. Goss stated budget workshops had been scheduled on four consecutive
Wednesdays beginning on 5/24/95. There would be no Council meeting on 5/30/95 and he suggested a budget
hearing on that date. It was the consensus of the Council that 5/30/95 would be held open for budget hearings if
necessary. A memorandum had been sent to Council regarding workshop items. other than budget, but there had
been a problem in scheduling. He recommended that one meeting per month deal with a workshop item rather than
public hearings, action items, etc.
Councilmember Padilia did not feel there would be a problem in hearing workshop items during regular meetings
as long as it did not backlog public hearings or impact items of serious debate.
Councilmember Rindone was supportive of the suggestion. He felt one meeting per month should be designated,
it did not mean that it would be exclusively a workshop, but an opportunity to focus on a workshop issue. Normal
City business should not be delayed. Items not time sensitive could be scheduled for the other meetings held during
the month, thereby balancing the agenda.
Mr. Goss stated if Council did not object staff would try it on a trial basis for 1-2 months.
b. Mr. Goss stated an Information Memo had been sent to Council regarding the purging of Council referrals.
He requested Council input by 4/25/95 and if no input was received, staff would proceed.
c. Mr. Goss cosended the efforts of staff on the dedication of the South Chuta Vista Library and the media
coverage it received.
20. MAYOR'S REPORT(SI
a. Ratificationof appointment: David Hirsch - Cultural Arts Commission.
MSUC (Horton/Rindnne) to ratify the appointment of David Hirsch to the Cultural Arts Commission.
b. Appointment of Council representative to various Council committees. Continued from the meetlug of
4/4/95. Mayor Horton requested the item be continued to the meeting of 5/9/95.
Minutes
April 18, 1995
Page 8
Councilmember Rindone noted Councilmember Fox had served as the alternate to the ICLEI Council.
c. Boards/Comnnttees/Commissions. Mayor Hotton stated there was a problem with a commissioner's
attendance and she questioned if Council had any objections to the subcommittee of the Mayor and Mayor Pro Tern
reviewing the commissioner's attendance.
Councilmember Rindone stated he supported the subcommittee because the position of Mayor Pro Tem changed
annually. He requested that once action had been taken that it be reported to the full Council.
21. COUNCIL COMMENTS
Councilmember Rindone
a. Investigate the option of disposing Chula Vista solid waste at Campo Landfill under a fail-safe/no risk
agreement with Mid-America. Councilmember Rindone stated he had an opportunity to meet with officials from
Mid-America Waste Systems regarding the Campo Landfill. They were requesting an opportunity to meet with City
staff to review their proposal.
® Ralph Goff, Chairman for Campo Band of Mission Indians, 1779 Campo Truck Trail, Campo, CA, stated
they were currently at the point of starting construction on the project. In response to their RFP they contracted
with Mid-American Waste Systems, Columbus, Ohio. They had their own EPA which met or exceeded the State
of California requirements and had a cooperative agreement with the State which allowed the State to overse.~ how
they operated under their regulations. They also had a corporation, as a Tribe, that was chartered for the economic
portion of the project.
· Jay Roberts, Vice President/Landfill Operations, Mid-American Waste Systems, 1006 Walnut Street, Canal
Winchester, Ohio, stated Mid-American Waste Systems was one of the top ten solid waste management companies
in the U.S. and operated in twelve states. The operation in Campo was their first venture in the west. From the
beginning the Tribal Members had voted near unanimously to support the project. The landfill was 400 acres and
designed to accept 3,000/tons per day for 30 years. The Band had established their owa EPA, developed their own
regulations, and developed their own permitting group. On 4/13/95, the U.S. EPA approved the Campo EPA
program. An environmental impact statement was prepared in 1990, 1991, and 1992. In April, 1993, Secretary
Babbitt, Department of the Interior, approved the EIR. The Tribe had entered into a cooperative agreement with
the State of California so the Campo regulations were equivalent with the State of California regulations and it gave
the State the ability to review what was happening on the reservation without the question of sovereignty. They
were near construction and had two permits still to get. The U.S. EPA had already issued a draft air permit in May
1994 sod due to rule change because of unrelated litigation they had to reapply. They expected the draft permit
to be rereleased in the next 2-3 weeks and a final permit in the next 60-90 days. They also had to go back, once
constraction was completed, to Campo EPA sod the State of Califurnia and get permits from those agencies. They
felt Campo could provide a good long term solution to the City of San Diego, County of San Diego, and the City
of Chula Vista. They had presented information which showed a long term disposal rate of $25/ton which was very
competitive with the existing disposal rates in San Diego County and other options. He requested that Council
approve negotiations between staff and Mid-American to enter into a disposal agreement. They felt the disposal
agreement was a no risk agreement for the City of Chula Vista. Key components were: 1) 20 year contract with
initial rates of $25/ton escalating based upon inflationary increases; 2) cancelable in the first five years should the
City find a better cost option; and 3) guaranteed performance through a performance bond so if they did not meet
their construction dates they would make up that difference through that bonding company for whatever option the
City would have to go with.
· Jay Powell, General Manager, 643 Marina Parkway, Chula Vista, CA, stated with the existing solid waste
system in the County sod the way the rates were fluctuating he felt it was time to offer the City a rate they could
budget with, plan with, sod forecast with for the next 20-30 years. It was guaranteed pricing and held to the CPI
annually. Mid-American was confident in the project they were constructing and confident that Chula Vista would
Minutes
April 18, 1995
Page 9
develop their transfer station. To show their confidence they were prepared to bond their commitment with the
City.
Councilmember Rindone stated the position the current and previous councils had taken on the issue was to look
at alternatives, particularly if the alternatives provided cost effective rates and would reduce costs to the ratepayers.
He felt the proposal before Council was worth directing staff to review. He wanted to make it clear that it was not
an endorsement, but an indication that Council wanted staff to review the proposal and if they found it in the best
interest of the City to bring it back to Council for review if deemed appropriate.
MS (Rindone/Padilla) to authorize staff to review Chula Vista's possible participation at the Campo landfill
under a failsafe, no risk agreement with Mid-American and, if and when appropriate, bring back to Council
for consideration.
Mayor Horton questioned if the Maker and Second of the Motion would incorporate other proposals that may come
forward also.
Councilmember Rindone stated he was not familiar with other proposals, if others wanted to come forward he was
not opposed to that.
George Krempl, Deputy City Manager, stated staff f~lt it would be appropriate to provide Council with an update
as to what was going on in Orange County and what was going on with other disposal options just as a point of
retirenee. Staff had received a letter from Western Waste Industries and had oral communications with other waste
haulers. The City was engaged in siting and permitting the transfer station but had not made a decision to construct.
The City's position had been that it was premature to select a disposal site until they were further along with the
transfer station process.
VOTE ON MOTION: approved unanimously.
b. Fuel cell powered transit bus project. Councilmember Rindone stated there was originally a request to:
1) approve dedicating $2 million in TDA Article 4.0 funds for the Fuel Cell Powered Transit Demonstration Project;
2) approve the joint application with Ballard and SAIC for $800,000 in AB 2766 funds; and 3) approve staff
participation in implementing the Fuel Cell Powered Transit Demonstration Project. The first request was included
in Item 8 on the agenda. If the City was to be chosen as a demonstration site for the hydrogen fuel cell bus it would
be as important in the environmental world fbr the City as the selection of the City for the Olympic Training Center
was in the athletic world. There would be stiff competition and he hoped Council would support the joint
application and staff' participation. The proposal included the purchase of five buses, which was within the
application fee, three of which would be used for replacement and two additional buses to expand services.
MSUC (Rindone/Horton) to approve: 1) approve the joint application with Ballard and SAIC for $800,000
in AB 2766 funds; and 2) approve staff participation iu implementing the Fuel Cell Powered Transit
Demonstration Project.
Mayor Horton commended Barbara Bamburger, Environmental Resources Manager, on her eftbrts and for bringing
the City into the Green Fleets Program.
Mr. Goss commended the Transit Coordinator in looking at the overall TDA budget to determine how it could be
accomplished if the City was chosen for the demonstration project.
c. Councilmember Rindone stated he had been contacted by cnnstituents expressing their concern regarding
language/terms utilized in public notices from the Planning Department. He gave a copy to the City Manager and
requested that a better description be utilized so the public would better understand the notices.
Minutes
April 18, 1995
Page 10
ADJOURNMENT
The meeting adjourned at 7:40 p.m. to a Special Meeting on Wednesday, April 19, 1995, at 5:00 p.m. in the
Council Conference Room and thence to the Regular City Council Meeting on April 25, 1995 at 6:00 p.m. in the
City Council Chambers.
A Me~ting of the Redevelopment Agency convened at 7:40 p.m. and adjourned at 8:02 p.m.
CLOSED SESSION
Council met in Closed Session at 8:05 p.m., reconvened at 8:34 p.m., and adjourned at 8:34 p.m.
Mr. Boogaard stated the only item to be discussed in Closed Session would be the solid waste trash litigation.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash
litigation).
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 2.
· Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 ~'~
· Agency negotiator: John Goss or designee fur CVEA, WCE, Executive Management, Mid-
Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
23. REPORT OF ACTIONS TAKEN 1N CLOSED SESSION - No reportable actions were h~tken in Closed
Session.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Vicki C. Soder~ist, Deputy~)Clerk