HomeMy WebLinkAboutcc min 1995/05/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, May 23, 1995 Council Chambers
6:07 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Horton
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C.
Soderquist, Deputy City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: May 11, 1995 (Special Meeting)
MSUC (Padilia/Moot) to approve the minutes of May 11, 1995 as presented.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Glenn Goerke - Growth Management Oversight Commission. The oath of office was
administered by Deputy City Clerk Soderquist to Glenn Goerke.
b. Proclaiming the week of May 21 through May 27, 1995 as "National Public Works Week." The
proclamation was presented by Mayor Tem Rindone to John Lippitt, Director of Public Works.
c. Presentation by returning delegation from Sister City of Odawara, Japan. Presentation was made by
Terry Thomas, Member of the International Friendship Commission and the following members of the returning
delegation: Roy Muraoka, Fran Larson, Patty Morris, and Sandy Ojiri. Mayor Pro Tem Rindone presented a
proclamation expressing the Council 's appreciation to the Mayor and Citizens of Odawara, Japan for their gracious
hospitality and continued friendship.
CONSENT CALENDAR
(Items pulled: 6, 7, and 9)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved unanimously.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken from the
Closed Session of 5/16/95. It is recommended that the letter be received and filed.
6. RESOLUTION 17899 APPROVING AGREEMENT WITH THE ACCOUNTING FIRM OF
MORELAND & ASSOCIATES TO PROVIDE AUDITING SERVICES FOR FISCAL YEARS 1994/95,
1995/96, AND 1996/97, WITH THE OFFION TO EXTEND FOR TWO ADDITIONAL YEARS - City Charter
requires an annual independent audit. Request for Proposals were sent to 27 audit firms. Staff recommends
approval of the resolution. (Director of Finance) Pulled from the Consent Calendar.
I r i~ T
Minutes
May 23, 1995
Page 2
Councilmember Padilia referred to the fiscal impact and questioned the financing mechanisms, i.e. $4,000 from
CDBG monies. He questioned if it was a percentage allocated for the City's administration of the programs.
Robert Powell, Director of Finance, replied that it was a single audit of all the federal assistance grants. It was his
understanding that the funding came from those grants. He was uncertain as to how the percentage was determined,
but there was an overhead factor allowed under all federal grants. It was his understanding that the majority of
those grants were CDBG grants. The bids were on separate elements of the audit. The $4,000 was the bid by the
accounting firm on the cost for auditing the CDBG grants. The audit was mandated by the federal government.
Councilmember Padilia questioned if the allocation of CDBG funding to pay for the audit was mandated. If in the
block grant program monies could be utilized to cover overhead it was then a local policy decision as to where those
funds were taken and the percentage allocated for an audit. If X amount of grant funds was mandated for audit
purposes it would then not be available for other activities. He wanted to know if the City could cover the audit
costs from another area which would free up $4,000 to be utilized for other programs. He questioned if it was a
wise utilization of CDBG grant funds. He suggested Council look at the flexibility they may have on the issue.
Councilmember Rindone agreed with Councilmember Padilla's comments.
Mr. Goss replied there was a bid on the actual work to be done and in evaluating on how much was block grant
related. They bid $4,000, therefore, he assumed that was what the actual amount would be. If there was an effort
to see if them was other funding for the $4,000 it would mean that some other funding would subsidize or supplant
the funding of the auditor to do the work on the block grants. The most likely source would be the General Fund.
Staff would look to see if there were funds outside of the Re, development Agency, General Fund, CDBG loop. He
suggested the item be trailed for one week.
Councilmember Rindone questioned if there were other places where staff had planned to utilize CDBG funds that
could be taken from other funding sources.
MSUC (Rindone/Padilla) to continue the item for one week to: 1) staff return with alternative funding sources
for the $4,000 audit costs; and 2) to see if there were other CDBG grant monies that could be freed-up.
7. RESOLUTION 17900 APPROVING AN AGREEMENT WITH BERRYMAN & HENIGAR FOR
APPORTIONMENT SERVICES FOR EXISTING ASSESSMENT DISTRICTS AND AUTHORIZING
MAYOR TO EXECUTE SAID AGREEMENT - The proposed agreement is to retain the services of Berryman
& Henigar to perform the respreading of assessments on existing assessment districts and prepare the "Annual
Collection Report" for submittal to the County for inclusion in the property tax bill. The agreement has provisions
for yearly renewals through 1999. Staff recommends approval of the resolution. (Director of Public Works and
Director of Finance) Pulled from the Consent Calendar.
Councilmember Moot stated the bid was well below the other bids and questioned why they could be so dramatically
less than the other bidders. He questioned if year one was artificially low.
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the costs were the same for the entire
five year period. Only the additional services were on a time and material basis. The consultant would be paid
a set fee of $22 per parcel for apportionment services. Staff could not answer why the bid was so low. Staff had
reviewed their qualifications, held an interview panel, and they came out as the top qualified firm. They may have
had a better idea of what the contract consisted of because they had staff with experience.
Councilmember Moot questioned why there was such a disparity between the bid of Berryman & Henigar and
Wildan who had the contract before.
Mr. Swanson stated the person that had worked for Wildan in the past now worked for Berryman & Henigar. He
felt that could be the reason the bid was lower.
Minutes
May23, 1995
Page 3
RESOLUTION 17900 OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived, passed
and approved unanimously.
8. RESOLUTION 17901 AUTHORIZING ISSUANCE OF BONDS AND APPROV1NG FORMS OF
BOND INDENTURE, SECURITY ENHANCEMENT AGREEMENT, PRELIMINARY OFFICIAL
STATEMENT, AND SECOND AMENDMENT TO ACQUISITION/FINANCING AGREEMENT FOR
ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS - PHASE lI) - On 4/25/95, Council
established Assessment District Number 94-1 and levied assessments for the acquisition of certain infrastructure
serving the south portion of the EastLake Greens development pursuant to the Municipal Improvement Act of 1913.
Staff recommends approval of the resolution. (Director of Public Works)
9. RESOLUTION 17902 APPROVING AGREEMENT FOR DEFERRAL OF SEWER CAPACITY
FEE FOR A CAR WASH TO BE LOCATED AT 3048 BONITA ROAD - The Agreement provides for the
release of $13,986 of Sewer Capacity Fees previously paid by the developer of the Bonita Car Wash back to him
until the car wash has been in operation for one year. The actual fee will be determined at that time on the basis
of 90% of the average amount of water consumed on site per day. Staff recommends approval of the resolution.
(Director of Public Works) Pulled from the Consent Calendar.
® Paul D. Magnotto, 244 Camino Elyado, Chula Vista, CA, representing Bonita Car Wash, was not present
when called to the dais.
RESOLUTION 17902 OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived, passed
and approved unanimously.
10. RESOLUTION 17903 APPROVING REQUEST FOR WAIVER OF DEBT FROM CHULA VISTA
AQUATIC ASSOCIATION - The Chula Vista Aquatic Association (CVAA) is requesting a waiver of debt
associated with their past use of swimming pool facilities. The fees are for staff services (lifeguards) provided
during CVAA's use of pools for team practices and meats. CVAA is requesting that the City waive the outstanding
balance due (along with fees that have been assessed for past-due billings), and allow them to continue use of the
pools from a debt-free starting point. Staff recommends approval of the resolution. (Director of Parks and
Recreation)
® Ann Taylor, President of the Chula Vista Aquatic Association, expressed their appreciation to the Parks
& Recreation Department and Council for allowing them to continue their program.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
It. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-94-09: REQUEST TO EXTEND
APPROVAL FOR A PRIVATE SCHOOL FOR APPROXIMATELY THREE YEARS (THROUGH
SEPTEMBER 1999) AND TO ALLOW THE EXPANSION OF SAID SCHOOL FACILITIES INTO THE
SECOND STORY OF THE BUILDING LOCATED AT 2400 FENTON STREET WITHIN THE EASTLAKE
BUSINESS CENTER - COVENANT CHRISTIAN SCHOOL - Covenant Christian School was approved by
Council to operate at 2400 Fenton Street within the EastLake Business Center for a 2.5 year period extending
through June 1996. The School is requesting to extend the permit for 3 years (to September 1999), and to expand
the operations from the first floor to include the entire building and to increase the maximum enrollment from 208
to 260 children. Staff recommends approval of the resolution. (Director of Planning)
Minutes
May 23, 1995
Page 4
RESOLUTION 17904 DENYING A REQUESTED TIME EXTENSION BUT APPROVING A
REQUESTED EXPANSION OF AN EXISTING CONDITIONAL USE PERMIT (PCC-94-09) TO
COVENANT CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL AT 2400 FEEON STREET
WITHIN THE EASTLAKE BUSINESS CENTER
MSUC (Horton/Alevy) to continue the public hearing to the meeting of June 20, 1995 as requested by the
applicant.
Councilmember Rindone requested that the impacts of the AirTouch Cellular survey be brought back with the item
as it could have an influence on Council's actions.
ORAL COMMUNICATIONS
· Gilby Metzger, 276 Fourth Avenue, Chula Vista, CA, Communication Operator, Chula Vista Police
Department, expressed her concern regarding the lack of support from Police administration and the City of Chula
Vista for the job they were required to perform.
· Bill Metzger, 276 Fourth Avenue, Chula Vista, CA, Communication Operator, Chula Vista Police
Department, stated he felt the mismanagement of the department had grown into a matter of public safety. The
mare problems could be broken down into equipment and staffing. There was a serious shortage of headsets for
years which resulted in neck strain and additional stress; three different types of computer keyboards and not all
programmed in the same way which slowed down the process of entering calls; lack of adjustable computer monitors
which resulted in neck and/or back strain; old and mismatched monitors; and lack of updated map books.
· John Anderson, 276 Fourth Avenue, Chula Vista, CA, Communication Operator, Chula Vista Police 1'~'''
Department, shared since 1990 the PD budget had been set up for 26 dispatchers and the last time they were fully
staffed was in the fall of 1990. Staffing had fallen to a 25% shortage or 7 vacancies which he felt was a serious
public safety problem. They had been told by administration in April that no new staffing schedule was in
consideration and that new hires were in the final stages of hiring. Approximately two years ago the department
received calls from citizens complaining they could not get through on non-emergency lines so four more lines were
added with no additional dispatchers. Citizens were now able to get through but were put on hold. The operators
were accused of using up all the overtime in the budget and that by going to a 5/8 plan it would eliminate the
overtime. The City was trying to change them to a 5/8 plan and reduce the number of dispatchers. Because they
were at a minimum staffing level they rarely received breaks, lunches, or were able to use vacation and/or holiday
time. They were asking that they be given the equipment to do the job faster, more efficiently, and less stressfully;
to bring them up to their allotted staffing level; and take the 5/8 plan off the negotiating table and put it on a Meet
and Confer status.
BOARD AND COMMISSION RECOMMENDATIONS
12. ORDINANCE 2630 AMENDING SECTION 2.28.110 OF THE MUNICIPA LCODE RELATING
TO APPOINTMENT OF MEMBERS TO THE BOARD OF ETHICS (first reading) - The Board of Ethics is
proposing a revision to the current Code of Ethics which is presented for Council's review. The purpose of the
revision is to allow for an alternative appointment process should the Presiding Judge of the South Bay Municipal
Court Judicial District fail or decline to make an appointment. It is recommended that Council place the ordinance
on first reading. (Board of Ethics)
Susan Herney, Vice-Chair, Board of Ethics, stated the provision was submitted so the Council could be confident
that there was a procedure in place to fill vacancies as they occurred on the Board of Ethics.
CounciLmember Moot felt the possibility of designating a retired judge should be considered. He did not feel a
retired judge would have the same perceived problems a sitting judge may have.
Minu~es
May 23, 1995
Page 5
Councilmember Padilia felt it was a good suggestion. It important that the selection/reconamendation process be
independent from the City Council. He was not comfortable with the Council making recommendations for
appointment to the Board of Ethics even as a back-up. He was willing to acquiesce to the Members of the Board
if that was their strong recommendation. He preferred to see a solution that would exclude the Council from
making the selection/recommendation as he felt it was inappropriate.
Councilmember Moot felt the Board of Ethics or staff could return at the next meeting with a list of three retired
judges who could fill that roll. The ordinance could then be modified to include that if the presiding judge or his
designee declined the Council could then appoint one of the retired judges from the list for two years.
Councilmember Rindone agreed with the presiding judge and, if not, a retired judge but he wanted to remove the
Council from selecting the retired judge.
Councilmember Moot stated there was the same problem if the Board of Ethics chose the person that was going to
appoint a member. He felt it presented the same internal conflict with respect to the Board. A process of random
draw, etc. could be established.
MS (Moot/Rindone) to direct staff to return with proposed language modifying the ordinance to provide for
a retired judge to fulfill the role if the presiding judge and designee declined. Staff also to return with a list
of potential candidates.
Mr. Boogaard stated the existing language gave the presiding judge the ability to designate anyone. Not just a
judge, but anyone in the community, including a retired judge. He questioned if it would meet Council's intent to
have language which stated the presiding judge should at least be encouraged, if he declined to engage in the
selection process, to designate someone who would participate. He questioned ifitwas important to Council to have
that person in the active or retired judiciary.
Councilmember Rindone stated there needed to be a system, by lot, of former presiding judges that could be selected
if the presiding judge did not want to participate. That accomplished the goal and removed the Council from the
process. He felt anyone designated should be from the judiciary, i.e. active or retired. If still unsuccessful, then
the Council would be the last alternative.
VOTE ON MOTION: approved unanimously.
13. REPORT CITY REVIEW AND POSITION ON SB 1066 (CAMPBELL)
DEVELOPMENT: FEES; SCHOOL FACILITIES - On 5/5/95, the Growth Management Oversight Commission
(GMOC) reviewed the schools threshold and heard reports from the Chula Vista Elementary School District and
Sweetwater Union High School District. Both districts expressed extreme concern over pending SB 1066 which
they indicated could have drastic negative consequences to local school planning, financing and construction efforts.
The GMOC urges that Council direct appropriate staff to immediately review the legislation and consider forwarding
a letter of opposition. (Tris Hubbard, Chairman, Growth Management Oversight Commission)
Sid Morris, Assistant City Manager, stated the bill was in the legislative program and staff was taking action in
opposition.
ACTION ITEMS
14. ORDINANCE 2631 ADDING SECTION 17.07.035 TO TIlE MUNICIPAL CODE RELATING
TO LANDSCAPING ACT PROVIDERS (first reading) - Due to changes in State law in October 1993, if a
majority of property owners protest an increase in the assessment, that increase cannot go into effect, thus
hampering the City's ability to have sufficient funds on hand to maintain the districts. To counter having such
variations in the assessments from year to year and to minimize the threat of majority protest year to year which
Minutes
May 23, 1995
Page 6
could automatically eliminate the increase regardless of need, staff is proposing amendments to the ordinance to
allow the City to better stabilize the yearly assessments by allowing the amount collected on the taxes to be different
from the amount of the assessment. Staff is also proposing to incorporate an inflation factor in the annual
assessment to cover minor cost increases, if needed, that could not be challenged by a majority protest. The public
would still have the right to protest the assessment and Council would still have the authority to reduce assessments.
Staff recommends Council place the ordinance on first reading. (Director of Public Works)
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated staff recommended Council place the
ordinance on first reading with Alternative 1 language.
Councilmember Rindone stated he conceptually approved of staff's recommendation. If the item was adopted,
Assessment District No. 10 would have a 200% increase in the established assessment yet the collectable for that
year was far less. He questioned how staff would provide a transition from the current system to the proposed
system with a 200% increase.
Mr. Swanson replied that the $83 in District No. 10 for the 1995/96 assessment was based on the actual
maintenance costs. The collectable being recommended was less than that and based on prior year savings as was
the $42 which was the 1994/95 assessment. Had that been in process last year the collectable would have been $42
and it would not have been an increase. The assessment was based on the full maintenance costs. Prior year
savings had reduced it which was the problem staff was concerned about if the savings should mn out.
Councilmember Moot stated because Councilmember Rindone was utilizing Open Space District No. 10 as an
example and his home was in that district he would leave the dais due to a possible conflict of interest.
Councilmember Rindone stated in the last three years those in Open Space District No. 10 had paid a lower
assessment due to prior year savings. He questioned if it would not be wise, as part of the process of the transition,
that a provision be included of the cost of the EDU and have it based over the three years prior to the development
of the assessment cost. That would give a clear process to establish the assessment caps. He was pleased with the
progress made on the item.
Mr. Swanson felt that could be done.
Mr. Boogaard felt there was a way to protect the residents because the Council set the assessments and not the staff.
If the public, after being given notice of a proposed assessment, could complain to Council and the assessment could
be lowered. It did not have to be set at the maximum amount. Council could set as a mater of policy that they did
not want to deviate substantially from a three year running average of costs unless staff could identify valid,
legitimate. and/or unusual circumstances.
Councilmember Rindone felt that would be a good policy because it gave a basis from which those decisions would
be made. He was very supportive of the process developed by staff, he just wanted to clean up that one area.
ORDINANCE 2631 PLACED ON FIRST READING BY COUNCIL1VIEMBER RINDONE, reading of the text
was waived.
Mr. Boogaard stated three members of the Council were affected because they lived in open space districts. There
was an exception to the Conflict of Interest rule where if a matter affected the Council in the same manner as the
public generally they could participate. He questioned the number of housing units that existed in the various open
space districts versus the number of housing units throughout the City.
Mr. Swanson replied that there were approximately 10,000 units in open space districts.
Mr. Goss stated there were approximately 52,000 housing units in the City.
Minutes
May 23, 1995
Page 7
Mr. Boogaard stated it was his judgement that there was a significant effect on the public generally and would allow
the three Councilmembers to vote on the ordinance but not on the items that affected their individual assessments.
VOTE ON ORDINANCE 2631: approved 4-0-0-1 with Moot abstaining. Staff to return at Second Reading
a policy statement for determining the initial assessment ceiling for the various assessment district, i.e.
transition into setting the initial assessment ceiling.
15. RESOLUTION 17905 AMENDING CHAFFER VII, SECTION B, OF THE MASTER FEE
SCHEDULE TO ESTABLISH NEW FEES FOR VARIOUS AQUATIC PROGRAMS AND ACTIVITIES -
During staffs budget review process, and the preparation of potential budget reductions for fiscal year 1995/96,
several sources of additional revenue were identified. One is a proposed increase in fees for several aquatic
programs including daily admission fees, pass fees, and class fees for various instructional swimming classes. The
increases are being proposed at this time because the registration process for summer swimming classes will
commence on 6/10/95 and any adjustments in fees would'need to be implemented before that date. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
Jess Valenzuela, Director of Parks & Recreation, stated the Parks & Recreation Commission reviewed the
recommendations and approved all of the fees being proposed. They supported the concept of a senior discount for
many of the fees and the financial scholarships for those that could not afford the proposed fees.
Councilmember Alevy stated he was on the Parks & Recreation Commission and the fees had been discussed in
depth. He felt the recommendations would help the fiscal problems of the City. The City would still be offering
excellent programs and facilities far below what other cities were charging.
RESOLUTION 17905 OI~II"ERED BY COUNCILMEMBER ALEVY, reading of the text was waived.
Councilmember Rindone stated he understood staffs theory in presenting the proposal but he felt it inappropriate
to raise the fees prematurely. Council needed the budget costs and analysis. He would resist raising any of the
fees to the citizens until all other alternatives had been exhausted.
SUBSTITUTE MOTION: (Rindone/Padilla) to trail the item pending review of the 1995/96 budget.
Mayor Horton stated she would vote in support of the resolution because staff had been working diligently to
address very serious budget problems. No one liked to raise fees for any of the services offered, but the proposal
was not outrageous.
® Sylvia Arnett, 425 Naples Street, Chula Vista, CA, stated the increase would be 600% for her. She felt
all people should be treated equal and not left to someone to determine whether they received a scholarship. The
pool was her therapy program which was not available to her through the medical community. She requested
Council reconsider the fee increases.
® Trish Chupita, 18 Prospect Court, Chula Vista, CA, stated the adult lap increase was 500% - 600%. She
noted the hours offered in other cities for adult lap were more flexible and frequent. Adult lap hours were also cut
back in the spring and summer to accommodate the swim class schedule. She was not opposed to an incremental
increase spread over several years. The swim classes had ten lifeguards while adult lap had one lifeguard and she
felt the class fees should be raised as they were paying less than those in adult lap.
® Georgia Wilson, 583 Madison, Chula Vista, CA, stated she was a senior citizen and handicapped. She
agreed that the increase was tremendous for the seniors, handicapped, and under privileged. Because of the therapy
in the pool she was not confined to a wheelchair. She could not afford the tremendous increase in the fees.
· Ron Schemmer, 561 Wisteria Street, Chula Vista, CA, stated the proposed increases would result in a
1300%increaseforhisfamilyforthe personal pass plan instead of the family plan. The pass plan would eliminate
families. If taxes were raised grievously the City would lose revenues. He requested that Council reconsider the
proposed fee increases.
Minutes
May 23, 1995
Page 8
Mayor Horton felt Mr. Schemmer's point was well taken and that some of the issues raised were legitimate. She
did not realize that the cost increase per individual and families would be that great. She would support continuing
the item.
Mr. Goss stated most of the comments dealt with the passes. The current revenues from pool activities did not
come close to paying for the pool operations nor would they come close to paying for the pool operations with the
increases. The real effort was to meet more of what the market was and keep the City in the middle range. He
felt it would be worthwhile to review senior discounts, scholarships, and family passes. He was uncomfortable in
bringing the item to Council prior to budget review and one option would be to delay the printing of the brochure.
There was a combination of cuts, proposals for other fees, etc. in the budget proposal which were critical for a
balanced budget.
Councilmember Alevy stated most of the concern expressed was on the passes and there did not seem to be
opposition to the other fee increases. He felt there should be a timely release of information to the public but there
was sufficient concern expressed by the Council and. public regarding the pass.
Councilmember Padilia stated he was concerned with the printing schedule of the brochure and the item being
brought to Council prior to budget considerations. He was uncertain that the brochure was a critical item. It
appeared the City was shifting from an annual pass fee schedule to a determinate use for a set fee. Therafom, them
would be an increase for many of the users. The increases may be necessary to balance the budget, but the question
was whether it was appropriate to look at it without looking at the total budget. Therefore, he would not vote for
the item and preferred to see it come back as part of the overall budget package.
Mr. Valenzuela recommended that staff return during the budget process with recommendations for restmcturing
the annual pass versus a punch pass system.
Councilmember Rindone stated the printing of the brochure was an artificial barrier. Nothing was more important T~'*
than the impact upon the citizens of the City. No one had seen the budget and he would not vote for any fee
increases until that time.
Councilmember Moot questioned when the new fees would go into effect.
Mr. Valenzuela responded that it would be at the beginning of the season, i.e. June 261h. If the new fees were not
included in the brochure and then increased by Council, notice would have to be given during the walk-in
registration. He recommended that the brochure state that the fees would be announced or subject to change. The
City could also utilize the old fees and institute and fee increases for the next season. Mail-in registration began
June 9th and the walk-in registration began June 15th.
Councilmember Moot felt if there was agreement that the rate increases on five of the items were not
disproportionate or unfair it seemed that Council should move forward on those. He felt there was a problem with
the annual pass situation that needed to be maddressed during the budget process.
Councilmember Padilia did not feel the Council should be picking apart the staff recommendation. The fee
increases should not be approved without looking at the entire budget. The brochure was not a high priority in such
tight fiscal times.
Mayor Horton did not feel recommendations 1-5 were unreasonable. The City was also offering senior discounts
and scholarships. She did feel the pass was not fair or equitable and would vote against the motion on the floor.
VOTE ON SUBSTITUTE MOTION: failed 2-3 with Alevy, Moot, and Horton opposed.
RESOLUTION 17905, AS AMENDED, OFFERED BY COUNCILMEMBER ALEVY, reading of the text was
waived. Resolution to be amended to include: 1) increase in fees for the Daily Admission charge for a child
and a senior, from .$0.75 to $1.00; 2) increase in fees for the Daily Admission charge for an adult, from $1.00
to $1.50; 3) increase in the Learn to Swim lesson fee for a child from $18.00 to $22.00; 4) increase in the
Learn to Swim lesson fee for Parent and Tot and Tiny Tot from $19.00 to $22.00; 5) increase in the Learn T
to Swim lesson fee for an adult from $20.00 to $24.00; and 6) the set-aside of 5% of any new revenue accrued
Minutes
May 23, 1995
Page 9
from the amended fees to structure a scholarship fund (financial assistance) for residents who are unable to
afford the aquatic charges.
Mr. Booguard recommended Council adopt Resolution 17905 interlineated to delete on page 15-8 the changes in
paragraph B, Pool Passes, so that the marked out version remained and the underlined version deleted.
Councilmember Rindone stated he was opposed to the motion because he had not seen the 1995/96 budget or
provide input into that process. Council as elected officials may be able to find further reductions within the budget
which would off-set the fee increases. As Council went through the budget process there were opportunities to
make recommendations to address specific issues. He would be very reluctant to vote for increases that would affect
the citizens. Council should look at other areas.
Councilmember Moot stated it was always difficult to raise a fee, but government must begin to learn to act more
fiscally responsible, take into consideration what private businesses did in preparing their budget. It was a highly
subsidized program and the fees were not coming close to paying for the services. If government was to function
as a whole and to have the system work and fit together, sometimes they had to be conscious of what a service cost
and how much government could afford to subsidize the process. He felt the increases outlined were reasonably
based on what other cities were doing and put Chula Vista in the mid-range. The same could not be said for the
yearly passes and that deserved a second look.
Councilmember Alevy stated he was a firm believer in the commission system and knew how hard the Parks and
Recreation Commission worked. The Commission had been told that all departments within the City would be
taking cuts so they started looking at where they could help. The proposal was no different than what would have
been presented in several months with the budget hearings. There was an opportunity to reach the main customer
with the brochures if action was taken prior the budget hearings. In most cases the rates had not been raised since
1989 and it was in line.
Councilmember Padilia agreed but felt Council needed to see the "whole picture" before taking action on any
increases. Council may have to raise the fees but the question was when it would have to be done and Council
would not know that until they had reviewed the budget.
VOTE ON MOTION: approved 3-2 with Padilia and Rindone opposed.
16. RESOLUTION 17906 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR
1995/96 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT 1, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 13, 1995 AT 6:00 P.M.
AND JULY 11, 1995 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - Based
upon the advice of the City Attorney, EastLake Maintenance District Number 1 and Open Space Districts 1 and 10
have been separated due to conflict of interest concerns. Staff recommends approval of the resolution. (Director
of Public Works)
Councilmember Padilia stated his residence was within EastLake Maintenance District 1 and he would abstain from
participation.
RESOLUTION 17906 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and
approved 4-0-0-1 with Padilia abstaining.
17. RESOLUTION 17907 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR
1995/96 SPREAD OF ASSESSMENTS FOR OPEN SPACE MAINTENANCE DISTRICT 1, DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 13, 1995 AT 6:00
P.M. AND JULY 11, 1995 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS -
Based upon the advice of the City Attorney, EastLake Maintenance District Number 1 and Open Space Districts
1 and 10 have been separated due to conflict of interest concerns. Staff recommends approval of the resolution.
(Director of Public Works)
............ I [ li T
Minutes
May 23, 1995
Page 10
Councilmember Alevy stated his residence was within Open Space Maintenance District 1 and he would abstain
from participation.
RESOLUTION 17907 OFFERED BY MAYOR HORTON, reading of the text was waived.
Councilmember Rindone questioned why the cost for the EDU was higher than any of the three previous years.
He felt that was contrary from what staff had reported earlier in the meeting. He questioned why staff was not
being consistent with what was being done in the other open space districts.
Donna Snider, Civil Engineer, replied that because the cost was not much greater than the proposed assessment,
staff was not proposing an increase. Therefore, it would remain the same as the current year.
John Lippitt, Director of Public Works, stated there was a sizeable reserve in the district. Therefore, staff was
recommending that the assessment not be increased at the present time. There was a $10 increase and staff felt in
that particular situation there could be cost savings in future years as the reserves went down. It could be increased,
but any time there was an increase there was the possibility of a majority protest.
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated staff felt by holding the assessment at
$77, which was last years amount, that the increase to $81 was rather insignificant. It was inconsistent and staff
could still set the assessment at $81.
Councilmember Rindone stated the same principles and concepts needed to be applied for all the districts across the
board and that was not done. There needed to be consistency in the assessments.
Mr. Lippitt felt Councilmember Rindone was correct regarding consistency and Council could direct the Engineer's
Report to be modified and raise the assessment to $81.
Mr. Boogeard recommended that page 17-3, Table I, third column be changed from $77 to $81.
AMENDMENT TO MOTION: (Rindone, agreed to by the Maker of the Motion) to amend Resolution 17907
to amend the Engineer's Report and raise the assessment from $77 to $81. Approved 4-0-0-1 with Alevy
abstaining.
18. RESOLUTION 17908 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR
1995/96 SPREAD OF ASSESSMENTS FOR OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 13, 1995 AT 6:00
P.M. AND JULY 11, 1995 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS -
Based upon the advice of the City Attorney, EastLake Maintenance District Number 1 and Open Space Districts
1 and 10 have been separated due to conflict of interest concerns. Staff recommends approval of the resolution.
(Director of Public Works)
Councilmember Moot stated his residence was in Open Space Maintenance District 10 and he would abstain from
participation.
Councilmember Rindone questioned if the $83 assessment was the permanent cap.
Clifford Swanson, Deputy Director of Public Works/City Engineer, replied that it would be the permanent cap
subject to inflation next year. It was a 200% increase that was equal to the cost of service in the district.
RESOLUTION 17908 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-0-1 with Moot abstaining.
19.A. RESOLUTION 17909 APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR
1995/96 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 2-9, 11, 14, 15, 17, 18, 20, 23, 24,
26, 31, BAY BOULEVARD AND TOWN CENTER, DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS, DECLARING THE INTENTION TO ESTABLISH ZONE 9 WITHIN OPEN
T .... ~ ............................. I II T
Minutes
May 23, 1995
Page 11
SPACE DISTRICT 20 AND SETTING JUNE 13, 1995 AT 6:00 P.M. AND JULY 11, 1995 AT 6:00 P.M. AS
THE DATES AND TIMES FOR THE PUBLIC HEARINGS - The City administers 23 open space districts
established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open
space area associated with and benefitting that particular development. As part of the process, a levy of an annul
assessment is necessary to enable the City to collect funds for the proposed open space maintenance. The City
Engineer has prepared and filed reports on assessments for all existing open space districts. In a letter dated
10/17/94, Sweetwater Authority requested exemption from the yearly open space assessment for a lot that they own
in Open Space District 14. Staff recommends Council approve the resolutions and deny Sweetwater Authority
exemption. (Director of Public Works)
B. RESOLUTION 17910 APPROVING BOUNDARY ADJUSTMENT FOR OPEN SPACE DISTRICT
31
Councilmember Rindone questioned the 1,390% increase in Zone 7, Spa III.
Donna Snider, Civil Engineer, replied that Zone 7, Spa III, Rancho del Rey, had to do with the cost of estimating
the cost of the ultimate maintenance of all the improvements that were currently under grading operations. Ninety-
five percent of those improvements were not ready to be turned over at the present time.
Councilmember Rindone stated that each year the collectable would be far less but when it was built-out it should
be $130 and would be consistent with the process established for setting assessments within the other districts.
RESOLUTIONS 17909 AND 17910 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was
waived, passed and approved unanimously.
20. REPORT REVIEW OF DRAFT MULTIPLE SPEClES CONSERVATION PROGRAM
(MSCP) - The City of San Diego has released the draft MSCP for public review. Staff has completed a preliminary
review of the plan and has also obtained input from property owners within the planning area. Staff recommends
Council accept the report. (Director of Planning)
Robert Leiter gave a brief presentation of the Multiple Species Conservation Program and a report on the issues
identified by staff during the review of the plan. Staff also discussed the review process. Staff recommended that
they continue to conduct the review and schedule a public hearing for June 13, 1995. At that time all property
owners within the MHPA area would be notified. Staff would request authorization from Council to address
specific comments on the draft MSCP Plan to the City of San Diego and also request additional time for the
preparation of a Sub-Area Plan in a timely manner and that the final environmental impact report not be completed
until Chula Vista had an opportunity to resolve the sub-area planning issues.
Mayor Horton questioned if a species was identified on the list and later identified as an endangered species if the
City would be protected automatically.
Sherry Barrett, Fish & Wildlife, replied if the species was included on the covered species list and was subsequently
listed under the Endangered Species Act, they were working to make it possible that it would automatically be
covered under the permit. The implementing agreement would lay out the fact that the Covered Species List for
any of the those species would never require any f~rther mitigation or money. The question at the present time was
whether they could automatically be included or if there had to be some review process first. They were trying to
change the present requirement of a 30 day review.
Councilmember Alevy referred to the concerns listed by Assistant City Attomey Moore and hoped staff would
continue to pursue those issues. He complemented staff on the report.
Mr. Leiter replied that all the jurisdictions shared those concerns and staff had met with the Federal Solicitors Office
to try to resolve those issues. The indemnification issue would be difficult to resolve.
MS (Horton/Moot) to accept the report, set June 13, 1995 for a public hearing, and direct staff to address
the issues raised by the Assistant City Attorney and EastLake Development Company.
Minutes
May 23, 1995
Page 12
Councilmember Moot stated he wanted to address the significant mapping errors in the existing plan when it was
brought back. At the Otay Ranch Subcommittee hearing it was brought to their attention that Fish & Wildlife was
using the wrong map and their analysis of the Otay Ranch Plan was way behind what the City/County had already
done in the process, i.e. it preserved more species and plants than Fish & Wildlife was aware. The concept of the
program was excellent but he felt the City needed to be very careful to make sure that all maps were correct. It
appeared they were well ahead of Fish & Wildlife, especially regarding Otay Ranch.
Mr. Leiter stated the issue regarding the timing of completing the plan went along with that because there needed
to be enough time for staff to interact with the agencies in order to make sure the data was accurate. Under the
current schedule the City of San Diego wanted all comments and the Sub-Area Plan completed by June 22, 1995.
Staff would recommend that Council request additional time.
Councilmember Moot stated he also wanted to review the financing mechanism. When the item was before the
Planning Commission and during discussions of the Otay Ranch there was a lot of conceptual discussion of
mitigation banking. He was uncertain as to whether that concept had been incorporated into the financing plan.
If it was not, he wanted to know why not and if further thought had been given to mitigation banking and whether
it had been incorporated into the plan.
Mr. Leiter replied that the concept was incorporated into the plan and staff would return with more information on
how it would operate.
VOTE ON MOTION: approved unanimously.
21. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff. No report was given.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 6, 7, and 9. The minutes will reflect the published agenda order.
OTHER BUSINESS
22. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. No report given.
23. MAYOR'S REPORT(S)
a. Ratification of appointments: Maria Fernanda Comas - Youth Commission; and
Frances S. Larson - International Friendship Commission.
MSUC (Horton/Alevy) to appoint Maria Fernanda Comas to the Youth Commission; and Frances S. Lairson
to the International Friendship Commission.
24. COUNCIL COMMENTS
Councilmember Rindone
a. Update on installation of traffic signal at Telegraph Canyon Road/Paseo Ladera. Councilmember Rindone
stated there was a major traffic accident on the corner of Telegraph Canyon Road and Paseo Ladera. The City had
agreed to install a traffic signal at that intersection and had appropriated the funds. He requested a report on the
status of that project.
Minutes
May 23, 1995
Page 13
Mr. Goss responded that the design for the signal had been completed, the project was out to bid, and construction
was expected to start during the summer. The timing was contingent upon getting a controller for the traffic signal.
Mr. Boogaard urged caution in light of the unknown claim status to refrain from comments regarding responsibility
for the accident due to the lack of a traffic signal as it could be taken the wrong way.
Councilmember Rindone stated that was not his comment, his comment regarding a concern was the time frame for
the installation of the signal. He questioned if anything could be done to expedite the installation.
Mr. Goss stated staff was trying to do that in terms of getting the controller from another agency rather than directly
from the supplier.
b. Councilmember Rindone stated the 2nd Annual Festival of the Sun had been held in Memorial Park and
he complimented staff and the vendors in attendance. Due to the minimal attendance he was uncertain that any
would return in the future. He had discovered ten boxes of flyers, in excess of 10,000 flyers, that had not been
distributed prior to the festival. If the City wanted a premier event they needed to be sum that there was proper
publicity. He wanted staff to fmd out why the flyers had not been distributed.
Mr. Goss stated he was also concerned that the local newspaper on that day had carried a front page picture of an
event in Imperial Beach and nothing on the Chula Vista event.
Mayor Horton stated Chula Vista needed to work diligently with other cities to make sure that two major events
were not held on the same day. She had talked with the Parks & Recreation Director and he had indicated that he
needed to become more involved in the future in order to guarantee a more successful event.
Councilmember Rindone stated Council should have announced it at a prior Council meeting and it should have been
scrolled across the screen during the rebroadcast of the City Council meeting. It was not the sole responsibility of
the Parks & Recreation Department. The Public Information Coordinator needed to work shoulder to shoulder with
the departments when they had a major event.
Councilmember Alevv
a. Councilmember Alevy stated he had attended the Festival of the Sun. He questioned if it would be feasible
to have a "live" person appear before the rebroadcast of the Council meetings to list the events of the upcoming
week. He had also attended the T-Ball opening in the Otay area and felt from the input received from the public
Council was doing many things right.
Councilmember Moot
a. Councilmember Moot stated he had attended the Annual Firefighters Retirement Dinner.
b. Councilmember Moot stated he had heard several comments since the CDBG public hearings from those
running non-profit organizations. He felt Council needed to find a way to be fair to the groups and the people they
served. They were being asked to take a substantial cut in funding from the amounts funded last year. He felt all
members of the Council were committed to funding the additional four police officers, but he also felt there were
other avenues that could be looked at to try to mitigate the impact and the extent of the reductions to the programs.
A substantial amount of CDBG funds were going to administration and while some of those funds reimbursed
expenses that would come from the General Fund he felt it important when the issue was brought back that Council
be cognizant of the reductions and percentages to see if it could not be lessened. He suggested staff look at: 1)
organizations that were not Chula Vista based, and 2) what extent the programs overlapped, i.e. already a Chula
Vista based organization providing the same service. An across the board reduction could leave those groups that
had been conservative in their requests in a position that their program was no longer viable.
ADJOURNMENT
ADJOURNMENT AT 9:39 P.M. to a Special Worksession/Meeting on Tuesday, May 30, 1995 at 6:00 p.m, in
the Council Chambers, Public Services Building, thence to a Special Worksession/Meeting on Wednesday, May 31,
Minutes
May 23, 1995
Page 14
1995 at 6:00 p.m. in the Council Conference Room, Administration Building, and thence to the Regular City
Council Meeting on June 6, 1995 at 4:00 p.m. in the City Council Chambers, Public Services Building.
A Special Meeting of the R~development Agency convened at 9:38 p.m. and adjourned at 10:01 p.m.
A Special Joint Meeting of the Public Financing Authority/City Council convened at 10:01 p.m. and adjourned at
10:15 p.m.
CLOSED SESSION
Mr. Boogaard stated the circumstances were such on the claim of Ham that he recommended the matter be
addressed and not wait two weeks for the next Council meeting. The claimant had been put to some substantial car
rental expenses and if staff received the settlement authority requested her problem could be solved.
MSUC (Horton/Padilla) to find that the matter arose after the posting of the agenda and was of such a nature
that it should not in the ordinary course of business of the City wait until the next City Coundl meeting.
Mayor Herton stated the item would be discussed during Closed Session.
Council met in Closed Session at 10:19 p.m., reconvened at 10:19 p.m., and adjourned at 10:20 p.m.
25. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Govermnent Code Section 54956.9
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
· Chaparral Greens vs. the City of Chula Vista, County of San Diego, and Baldwin. T~''~
2. Anticipated litigation pursuant to Government Code Section 54956.9
· 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 for 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 Unr~presented.
26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - As a result of deliberations that occurred
in Closed Session the City Council authorized partial settlement of the Ham, et al claims. Except for the
foregoing, there was no other observed reportable actin taken by the City Council in Closed Session.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
\
Vicki C. Sode;qnist, CMC, I~u.ty City Clerk