HomeMy WebLinkAboutcc min 1994/06/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 7, 1994 Council Chambers
4:13 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councihnembers Fox (arrived 5:58 p.m.), Horton (arrived 4:17 p.m.), Moore,
Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attomey; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: May 17, 1994 (City Council), May 17, 1994 (Joint Meeting of the
Redevelopment Agency/City Council), and May 24, 1994 (City Council).
Councilmember Rindone requested that the minutes reflect a 5-0 vote for Item 20A and 20B on the minutes of May
24, 1994. He stated he would abstain from voting on the minutes of May 17, 1994 as he was not at that meeting.
MSC (Moore/Rindone) to approve the minutes of May 24, 1994 as amended and trail the minutes of May 17,
1994. Approved 3-0-2 with Fox and Horton absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Glen Lewis (ex-oflicio) - Economic Development Commission. The oath of office was
administered to Glen Lewis by City Clerk Authelet.
b. Proclaiming the week of June 3 through June 10, 1994 "LAW ENFORCEMENT RECORDS &
SUPPORT WEEK" - The proclamation will be presented by Acting Mayor Pro Tem Moore to Chief Emerson,
Judy Rhodes, Mary Chavez, Mary Whisenant, Mary Burt and Karen Drake of the Police Department.
* * * Councilmember Horton arrived at 4:17 p.m. * * *
CONSENT CALENDAR
(Item pulled: 7)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER HORTON, reading of
the text was waived, passed and approved 4-0-1 with Fox absent. Item 12 was continued for two weeks.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting reinstatement of the Transportation Board, Commission or Committee - Carolyn
F.J. Butler, 97 Bishop St., Chula Vista, CA 91911. It is recommended that Council direct staff to send Mrs. Butler
another copy of Ordinance 2543 and the related staff report, and snggest to Mrs. Butler that she may wish to attend
a future Human Relations Commission meeting to express her concem regarding community representation on
transportation matters.
ilI
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June 7, 1994
Page 2
b. Letter requesting the City support opposition to the statewide initiative statute entitled "Mobile Home
Fairness and Rental Assistance Act" - Joan Shoemaker, President, League of California Cities, San Diego County
Division, Mayor, City of El Cajon, 200 E. Main St., El Ca. ion, CA 92020. It is recommended that Council take
a position opposing this initiative.
c. Letter of resignation from the Town Centre Project Area Committee - Jesus Sanchez, Harvey's Bake
Shop & Restaurant, 333 Third Avenue, 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 Library.
d. Letter requesting a donation of equipment - C. Hector M. Noriega Hemandez, Municipal Operations
Commander, Auxiliary Radio Brigade, Tijuana, B.C. It is recommended that staff be directed to contact the agency
to clarify what type of equipment they are seeking. After that has been clarified, staff will come back to Council
if the City has any relevant surplus equipment that Council might want to consider donating.
e. Letter of resignation from the Youth Commissinn - Nicole Cazares, 45 El Rancho Vista, 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 Library.
6. ORDINANCE 2593 ADDING CHAPTER 2.39 TO THE MUNICIPAL CODE ESTABLISHING
A VETERANS ADVISORY COMMISSION (first re~tdinll) On 3/15/94, staff was advised to prepare an ordinance
amending the Municipal Code to add a section establishing the Veterans Advisory Commission. Staff recommends
Council place the ordinance on first reading. (Director of Personnel)
7. RESOLUTION 17508 WAIVING THE CONSULTANT SELECTION PROCESS AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR CONSULTANT SERVICES NOT TO
EXCEED $25,000 WITH BROWN, VENCE AND ASSOCIATES (BVA) FOR THE SOLID WASTE
CONTRACT NEGOTIATION AND MONITORING ASSISTANCE AND APPROPRIATING FUNDS
THEREFOR - On 5/24/94, Council approved moving forward with the first phase of development of a solid waste
transfer station. As a preparatory step, staff was directed to return with a draft contract for specialized consultant
services from BVA to assist in the negotiation of a contract with the preferred service provider for the siting,
conceptual design, and permitting of the transfer station. The contract provides assistance during negotiation and
allows for additional technical assistance (based on the availability of funds) for monitoring the first phase of
development, if the service contract is subsequently approved by Council. Staff recommends approval of the
resolution. (Deputy City Manager Krempl) Pulled from the Cnnsent Calendar.
Councilmember Rindone stated he wanted it understood that the services to be provided by BVA would also include
"an ownership by the City of Chula Vista" regarding the transfer station, page 7-1, first paragraph.
Stephanie Snyder, Principal Management Assistant, responded that it was not specifically spelled out in the
resolution, but was listed in the terms sheet that was discussed and in the work plan for the intended negotiations.
RESOLUTION 17508 OI,'I~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Mayor Nader questioned whether staff had comments on the fax received from Urban Ore Inc. and if it was factual
that the proposed contract lacked provisions to provide the "back end servicesTM, i.e. separation and recycling
services.
Ms. Snyder responded that they were not confined. Staff had been clear when interviewing all consultants in
October that those capabilities were needed. The consultant had the expertise to advise the City during the
negotiation process and would be diligent in pointing out if the City was not getting the best opportunity from Sexton
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June 7, 1994
Page 3
to allow for future materials recovery facilities. That was an explicit direction from Council and would be carried
out in negotiations.
Mayor Nader stated his concern was whether Council's direction was reflected in the consultants contract. It
appeared to him that it was only confined to dealing with issues related to the "frontend" transfer facility.
Mr. Boogaard stated page 7-16, paragraph 7 of Exhibit A, could be ariaended to avoid any confusion and
recommended the following language: "... solid waste technical assistance including disposal transfer recycling
and material recovery".
Councilmember Moore stated that the "pro's and con's of City ownership should also be included".
Councilmember Rindone stated the recommendatinn of the City Attorney comments was acceptable and would
be included in the amended resolution. His reeemmendation had not been to obtain advice on the pro's and con's
of City ownership, but that City ownership would be realized.
Mayor Nader questioned if pro's and con's and methods for obtaining City ownership would be acceptable.
Councilmember Rindone stated that would be acceptable.
Mayor Nader requested that staff make Urban Ore Inc. aware of the amendment.
VOTE ON RESOLUTION AS AMENDED: apprnved unanimously.
Mayor Nader questioned if there was anything in the action taken by Council that would preclude the City from
subsequently negotiating with Urban Ore or anyone else to provide additional assistance, i.e. consulting work.
Mr. Boogaard it was not an exclusive advisor contract.
8. RESOLUTION 17509 APPROVING AND RATIFYING A USED OIL BLOCK GRANT
APPLICATION - The California Used Oil Enhancement Act authorizes the collection of four cents for every quart
of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers
have paid four cents per quart into the fund when they purchase oil. The Act mandates the California Integrated
Waste Management Board use a portion of the funds to provide Block Grants to local governments for used oil
programs that encourage recycling. The grant cycle provides a second and final opportunity for cities that did not
previously submit a Block Grant request. The grant cycle provided only thirty days between the date the application
was received and its due date. The Used Oil Block Grant of $101,550 was submitted on 5/20/94 to meet the State
deadline, subject to Council approval no later than 6/25/94. Staff reco:mnends approval of the resolution.
(Administration)
9. RESOLUTION 17510 APPROPRIATING FUNDS FOR FISCAL YEAR 1993/94 EMPLOYEE
BENEFIT CHANGES FOR CHULA VISTA EMPLOYEES ASSOCIATION, POLICE OFFICERS
ASSOCIATION, WESTERN COUNCIL OF ENGINEERS, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, UNCLASSIFIED PART-TIME, UNREPRESENTED, MIDDLE AND EXECUTIVE
MANAGEMENT, AND MAYOR/COUNCIL, AND AUTHORIZING THE FINANCE DEPARTMENT TO
TRANSFER UNBUDGETED RESERVES TO THE APPROPRIATE ACCOUNTS - Negotiations have been
completed with the various employee groups. Necessary funds need to be transt~rred into the various departments
to cover the increases. Staff reconunends approval of the resolution. (Interim Finance Director) 4/5th's vote
required.
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June 7, 1994
Page 4
10. RESOLUTION 17511 RATIFYING CHANGE ORDER NUMBER TWO AND ACCEPTING THE
CONTRACT WORK FOR THE BROADWAY WIDENING AND RECONSTRUCTION FROM "F" TO "I"
STREET - On 6/23/92, Council awarded a contract in the amount of $1,645,000 (including contingencies) to
Southland Paving, Inc. for the widening and reconstruction of Broadway from "F" to "I" Street. The work is now
complete. This item ratifies Change Order Number 2 for removal and replacement of a 36 inch corrugated metal
pipe and accepts the project. Staff recommends approval of the resolution. (Director of Public Works)
11. RESOLUTION 17512 RESCINDING SERVER CONNECTION AND ANNEXATION AGREEMENT
WITH FRANCISCO MARES AND MAI TUYET DO AND REFUNDING SEWER CONNECTION FEES
AND A PORTION OF DEPOSITS TOTALLING $12,497.80 - Javier Mares and Mai T. Do entered into a sewer
connection and annexation agreement recently and deposited the required amount of fees with the City to connect
a proposed single family home at 4017 Palm Drive to the City sewer. Their property is in the unincorporated area
of the County and unable to annex due to the distance of the property to the City boundary. Mr. Mares states that
he has run into fiscal difficulty and has decided to abandon the project for the time being. He has requested that
the City refund the fees paid. Since Council approved the connection agreement with the application, staff is
presenting the item for consideration of the refund. Staff recommends approval of the resolution. (Director of
Public Works)
12.A. RESOLUTION 17513 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS
OF RESOLUTION NUMBER 16903 APPROVING A TENTATIVE SUBDIVISION MAP FOR
CHAMPIONSHIP CLASSICS lI, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - On 11/24/92,
Council approved the Tentative Subdivision Map for Tract 92-04, Championship Classics II. The final map for said
tentative map is now before Council for approval. Staff recommends approval of the resolutions. (Director of
Public Works)
B. RESOLUTION 17514 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 92-04, CHAMPIONSHIP CLASSICS II
Mayor Nader stated there had been a request by staff and the applicant to pull the item and continue it for two
weeks. The continuance of the item was approved on the Consent Calendar.
13. RESOLUTION 17515 ACCEPTING BID AND AWARDING CONTRACT FOR LAUDERBACH
PARK AND PASEO DEL REY PARK PLAY AREA RENOVATION (PR-146) AND APPROPRIATING
FUNDS THEREFOR -On 5/18/94, sealed bids were received for "Lauderbach Park and Paseo del Rey Park Play
Area Renovation (PR-146)." The work includes site preparation with selective demolition, clearing, grubbing,
excavation and grading, installation of play structures, importing sand, constructing various types of curbing, 4-inch
PCC sidewalk, cast in place resilient surface, miscellaneous landscape and irrigation repair, construction surveying,
and other miscellaneous work shown on the plans. Staff' recommends approval of the resolution. (Director of
Public Works) 4/5th's vote required.
14. REPORT IMPLEMENTATION OF THE ENDANGERED SPECIES ACT SPECIAL
RULE 4(d) FOR THE INTERIM HABITAT LOSS APPROVAL PROCESS - Last year the Federal Department
of the Interior adopted the Special 4(d) Rule regulating the habitat "take" of the California Gnatcatcher. The Special
Rule links protection of the bird to the California Natural Community Conservation Planning (NCCP) process.
Prior to the preparation of an overall NCCP plan, the process allows the "take" of up to 5 % of Coastal Sage Scrub
(CSS), which is the habitat for the Gnatcatcher. During the past several months City staff has been working with
staffs from throughout the region to develop a process to allow local agencies to implement the "take" process.
Staff recommends Council direct staff to work toward resolving the issues identified in the staff report and, after
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June 7, 1994
Page 5
resolving the issues, to draft an ordinance for implementation of the Special 4(d) Rule at the local level. (Director
of Planning) Continued from the meeting of 5/24/94.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING FORMATION OF A REIMBURSEMENT DISTRICT FOR THE
CONVERSION OF ELECTRIC UTILITIES ASSOCIATED WlTH TELEGRAPH CANYON ROAD - PHASE
II - In October 1990, Council authorized EastLake Development Company to construct a portion of Telegraph
Canyon Road from east of Paseo Ladera to east of Apache Drive and further agreed that the costs associated with
said construction would be eligible for Transportation Development Impact Fee (DIF) credit. EastLake
Development Company has requested that the underground conversion costs associated with the project be DIF
eligible. However, the costs have typically not been eligible, and City staff recommends that a Reimbursement
District be formed instead. Staff recommends approval of the resolution. (Director of Public Works) Continued
from the meeting of 5/17/94.
RESOLUTION 17516 APPROVING THE COSTS FOR THE CONVERSION OF ELECTRIC
UTILITIES ASSOCIATED WITH TELEGRAPH CANYON ROAD - PHASE II AND ESTABLISHING A
REIMBURSEMENT DISTRICT FOR THE LEVY AND COLLECTION OF THE COSTS THEREOF
Bruce Boogaard, City Attorney, informed Council that a revised resolution had been distributed which added a
requirement that was in the Municipal Code to show the amount of changes tbr each parcel. It was a technical
correction and did not change any of the resolve clauses.
This being the time and place as advertised, the public hearing was declared open.
· Tim O'Grady, 11975 El Carmno Real, San Diego, CA, representing The Baldwin Company, stated they
agreed to the formation of the district, but did not t~-el they should have to pay for the establishment and
maintenance of the district and the party that bene~ted from it should have to pay the reimbursement.
* * * Councilmember Hotton left the dais at 4:26 p.m. * * *
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 17516, AS AMENDED, OFFERED BY COUNCILMEMBER MOORE, reading of the text
was waived, passed and approved 3-0-2 with Fnx and Hotton absent.
16. PUBLIC HEARING OPEN SPACE MAINTENANCE DISTRICT NUMBER 10 FOR FISCAL
YEAR 1994/95 - Based upon the advice of the City Attorney, agenda items 16 and 17 have been separated due to
conflict of interest concerns. Council should note that agenda statement 17 gives all background information on
open space districts in general which is applicable to the item, but does not include specific information on Open
Space Maintenance District 10. Staff recommends Council open the public hearing, receive testimony, close the
public hearing, and hold another public hearing on 6/14/94. (Director of Parks and Recreation and Director of
Public Works)
John Lippitt, Director of Public Works, stated it was a protest hearing. The assessment for 1992/93 was around
$83.00. It had been reduced due to reserves and because a new area of landscaping did not go on-line, it was now
going up to what the actual costs were.
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.
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June 7, 1994
Page 6
Brace Boogaard, City Attorney. questioned whether any protests had been received on Open Space Maintenance
District 10.
Mr. Lippitt responded they had not received protests for Open Space Maintenance District 10.
MSC (Nader/Rindone) to find that no prntests were given or submitted at the meeting on Open Space
Maintenance District 10. Approved 3-0-2 with Fox and Horton absent.
17. PUBLIC HEARlNG OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20,
23, 24, AND 26, AND BAY BOULEVARD, EASTLAKE AND TOWN CENTER MAINTENANCE
DISTRICTS FOR FISCAL YEAR 1994/95 - In accordance with Municipal Code Section 17.07, the City Engineer
prepared reports on the spread of assessments tbr the open space districts. The reports were accepted and the
required public hearings were set by Council at its meeting of 4/19/94. The agenda statement includes information
related to the above districts and general infi, rmation related to Open Space District 10. Specifics of Open Space
District 10 are addressed in item 16 on the agenda. Staff recommends Council open the public hearing, receive
testimony, close the public hearing, and hold another public hearing on 6/14/94. (Director of Parks and Recreation
and Director of Public Works)
John Lippitt, Director of Public Works, stated staff had been informed there was a majority protest being proposed
on the EastLake Maintenance District Zone D which was the Salt Creek area. They had a very low assessment last
year ($7.00) because the landscaping had not been accepted by the District. The new assessment would be in the
range of $360.00.
Councilmember Moore questioned what the next step would be if a majority protest was received.
Bruce Boogaard, City Attorney, responded Council would have choices to make as to what they wanted to do with
the open space if they were not allowed to maintain it at the level they wanted to. They could maintain it at a lower
level, at a lower cost, and see if that would survive a majority protest. If a majority protest was registered in Zone
D for that particular case it would be staff recommendation to have a community meeting and try to find a lower
level of maintenance and see if the neighborhood was willing to accept that. In the future, the City would require
developers to indemnify against a majority protest for a period of time.
* * * Councilmember Horton returned at 4:35 p.m. * * *
Mr. Boogaard stated if Council decided they could not maintain the open space in a safe manner they could
otherwise take action m dispose of the property in a way they felt was consistent with the terms of the trust on
which it was given to the City.
Councilmember Moore questioned whether that had been explained in depth to the property owners.
Mr. Boogaard stated only two or three people attended the public meeting. He questioned whether staff was aware
of a registered majority protect in Zone D.
Donna Snider, Civil Engineer, stated staff had not tallied the protests received from the residents. She stated it
would be tallied by next week.
Councilmember Rindone felt the protests should be tallied prior to the end of the meeting in fairness to the residents
present.
Mr. Lippitt stated the protests were by property owner and the law required that the protest be by land area.
Councilmember Moore stated buyers were required to sign affidavits which listed all assessments. He questioned
what the fee was that was listed for that open space district.
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June 7, 1994
Page 7
Mr. Lippitt responded the current fee was estimated at $15.00 and subject to annual adjustments. The projected
assessment for Zone D for the next year would be $426.00.
Councilmember Moore questioned how the assessment went to $7.00.
Mr. Boogaard responded there was no maintenance charge the first year as it was just construction. It was now
the first fiscal year of charges. Under the new law, the $7.00 was the base the ma:jority protests would register,
not the first year assessment of $369.00.
This being the time and place as advertised, the public hearing was declared open.
· Ken MacTiernan, 2261 Rolling Ridge Road, Chula Vista, CA, suggested the residents of the area had not
attended the public meeting due to the recent break ins of the cluster mailboxes in the Baldwin Community. He
questioned why the budget was $168,000.
Mr. Lippitt responded the $165,000 was budgeted fi~r the zone, $40,000 was tbr utilities.
Mr. MacTiernan stated the residents did not t~el they should bear the brunt of the assessment as they were a small
area. They were initially told that the assessment was $7.00. He questioned why so much money had to be spent
on a open area and why it needed extensive maintenance could not be planted. If there was a majority protest,
Council should not vote on the item or find some other way to put it back on to the homeowner.
Mr. BooBeard stated the disclosure statement showed the assessment was expected to be $426.00 and everyone
signed those statements. It was now proposed lbr the first li~ll year to be $365.00. There were slopes that were
designed to be irrigated and landscaped to protect against erosion. If Council wished to change the landscape plan
it could be changed along with the maintenance tbr that plan. A majority protest was one way to stop the proposed
assessment but did not stop all assessments, theretbre, there needed to be some consensus on how to deal with the
area.
Mr. MacTiernan questioned why they needed all the maintenance and recommended that ivy be planted in the area.
He stated they had been told that part of their Mello Roos assessment went for some of the maintenance.
Mayor Nader stated there was a non-Mello Roos assessment that went towards the landscaping.
Mr. Lippitt stated the street assessments were not included in the Mello Roos assessment.
Mayor Nader stated the item was an existing assessment that was recommended to be increased.
Mr. MacTiernan stated they had approximately 60% of the resident signatures in Zone D and felt he could get
100%.
Mr. Boogaard stated the protests would have to be converted to land area. Staff would tally the protests and
announce at the beginning of the public hearing next week whether or not there was a majority protest and staff
recommendations.
· David D. John Batista, 2269 Rolling Ridge, Chula Vista. CA, stated he had not received the notice for the
hearing. He questioned the tbllowing aspects of the proposed budget: 1) $91,000 tbr contract services; 2) $45,000
for utilities; 3) $20,000 fbr staff services; 4) when the City proposed taking over the property f~om the Baldwin
Company and if it was consistent with the fiscal year budget; 5) were the costs compared to what the Baldwin
Company had spent to maintain the area; 6) what happened if the budget prepared was different than the costs
actually incurred; 7) what would happen as new homeowners came on line; 8) were the contract services a result
of bids obtained and would the residents have the opportunity to review those and test their reasonableness; and 9)
did the City actually track the costs by individnal zones and if so, what method did they use to ensure that the costs
to maintain the area where the costs were actually budgeted.
Minutes
June 7, 1994
Page 8
There being no further public testimony, the public hearing was declared closed.
John Goss, City Manager, recommended a meeting be held with the property owners to go through any questions
or concerns prior to the next public hearing.
MOTION: (Moore/Horton) that ten representatives frnm Zone D (to include the two speakers) meet with staff
to review the process and funding program.
Councilmember Hotton/~lt the meeting shotlid not be limited to ten residents.
AMENDMENT TO MOTION: (Horton/Nuder) to open the meeting to include any citizen that wished to
participate in Zone D.
Councilmember Moore stated he had a problem with the amendment, the meeting was to pick out weaknesses and
strengths and inviting a large group to the meeting, the discussion could get lost.
VOTE ON AIVIENDMENT: approved 4-0-1 with Fox absent.
Councilmember Moore stated he did not want to delay the issue.
Mayor Nader suggested staff put the meeting together as expeditiously as possible with notice to the affected
residents. If staff felt, as the 6/14/94 meeting approached, that it was appropriate they could recommend a
continuance of the hearing.
VOTE ON MOTION AS AMENDED: approved 4-0-1 xvith Fox absent. ~'~
Councilmember Hotton questioned how often the City went out for competitive bids for the maintenance contracts
and how they were advertised.
Joel Chew, Open Space Coordinator, stated it was a one year contract that had three renewable years thereafter
depending upon the performance of the contractor. The RFP's were advertised through the Purchasing Agent and
staff notified contractors as well.
Councilmember Hotton stated she had been told the City's contracts were higher than in north county and she
wanted to make sure the City was getting the best bids possible fur the citizens.
Jess Valenzuela, Director of Parks & Recreation. responded that staff would work with the Purchasing Agent and
try to see what the bids were in the north county and if there were ways of lowering bids or finding other
contractors that were willing to do it at a lower cost.
Councilmember Moore stated Council had directed staff to look at ways to be innovative in reducing costs to open
space districts and he questioned what action had been taken on that referral.
Mr. Lippitt stated the report was in the final stages and would be forthconting.
ORAL COMMUNICATIONS
· Jimmy Morales, 295 "C" Street~ Chula Vista, CA, representing New Convent Tabernacle, stated they
wanted to use the gymnasium on Fourth Avenue for a drama. Staff had informed them them was open court
basketball for the public at that time. They needed to be in the facility early so that they would be able to set
everything up and, therefore, requested the hours the gym would be open be limited.
Mayor Nader stated he was confused as to why the request was before Council and not handled administratively.
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June 7, 1994
Page 9
Mr. Goss stated there had been a request tbr use of Parkway gym on 9/3/94 which was a Saturday, during the hours
the gym was normally open to the public. The request was from 11:00 a.m. to 6:00 p.m.
Sunny Shy, Deputy Director of Recreation, stated it was Labor Day weekend and the gym was open to the public.
Them were normally about 200 participants on Saturdays. The request received was for the play and to set up in
the gym from 11:00 a.m. to 6:00 p.m. The activity would also have to be connected to the Police Department as
the focus was on gang members and to bring in gang members from the whole Southbay area with an estimated
attendance of 1,500. Staff response was that the facility was occupied at that time for the general public and staff
gave them several options, i.e. 1) to rent the facility or utilize it after 5:00 p.m. with the assistance of the Police
Department to ensure security; 2) utilize the Women's Club; and 3) negotiate with the Sweetwater Union High
School District for utilization of one of their gyms. Staff had requested that if they utilized one of the options that
New Convent Tabernacle work with the Police Department to ensure security and that there be provisions to ensure
the new wood floor of the gym be protected.
Mr. Morales stated they had expressed concern with some of the options. They originally went to National City
and had been told they would have to pay a fee for a Use Permit and that it was non-refundable.
Mayor Nader questioned if there was any reason that one of the options would not work lbr them.
Mr. Morales stated they would accept any alternative location as long as it would be able to handle that size of a
crowd.
Councilmember Moore questioned the maximum number of people the gym would hold safely.
Ms. Shy responded it would hold approximately 1,000 which would include the foyer as the bleachers would not
accommodate 1,000. She had dealt with the request as a non-residential church group. was during non-City
operational hours, with a rental rate and in order to have that abated it would require Council action.
Mayor Nader questioned where the church was located.
Mr. Morales responded it was in National City.
Mayor Nader stated Council could not take action as it was not agendized. He hoped staff would work with the
church on one of the options that was presented. He l~lt another option would be to work with the College
regarding usage of the stadium.
Mr. Goss felt the applicant should be encouraged to work with staff on alternate times or places. It was his sense
that the request was betbre Council because the other alternatives were unacceptable to the church.
* * * Councilmember llurton lett the dais at 6:07 p.m. * * *
® Mario Herroz. 30 Woodlawn Avenue, Apt. T, Chula Vista, CA, representing New Covenant Tabernacle,
stated there had been a miscommunication. He had been told that the Parkway Gym would hold 1,500. The event
did not just reach out to gang members, but to the community. He had talked to the Police Department regarding
the event and they were equipped and ready to handle any situation. He requested Council assistance in obtaining
the gymnasium as it was suitable tbr their needs. They had talked to Sweetwater High School District, but they
were having an activity on that day.
* * * Council recessed at 6:14 p.m. and recnnvened at 6:46 p.m. with Horton absent * * *
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
Minutes
June 7, 1994
Page 10
ACTION ITEMS
18. RESOLUTION 17517 ACCEPTING BID AND AWARDING CONTRACT FOR THE WIDENING
OF BROADWAY BETWEEN "I" STREET AND "L" STREET (ST-130) AND APPROPRIATING FUNDS
THEREFOR - On 5/18/94, sealed bids were received fi~r "The Widening of Broadway Between 'I' Street and 'L'
Street (ST-130)." The work includes traffic control removal and disposal of existing improvements, relocation of
existing facilities, excavation and grading, asphalt concrete pavement, curb and gutter, curb, cross gutter, sidewalk,
pedestrian ramps, driveways, concrete curb at rear of sidewalk, manholes, walls, adjustment of manholes, various
drainage inlets and structures, shoring, reinforced concrete pipe, pre-cast reinforced box culverts, street lighting,
traffic signals, pavement striping and signing, street survey monuments, traffic interconnect, sewer laterals,
construction surveying, protection and restoration of existing improvements, and construction of all pertinent work
and other work as may be necessary to render the improvements complete and workable. Staff recommends
approval of the resolution. (Director of Public Works) 4/5th's vote reqnired.
Mayor Nader questioned what the timeline was for the project.
John Lippitt, Director of Public Works, responded that the only work that could be done beti~re the beginning of
the new year was some drainage work and utility relocation. No work could be done between November and
December. Work on the main part of the street would begin in January. The number or workdays was specified
in the contract.
Mayor Nader questioned if the street would be entirely usable in October and when the final construction would
be completed.
Mr. Lippitt responded the street would be completely open in October.
RESOLUTION 17517 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived.
Mayor Nader questioned if staff was satisfied that the City was adequately covered if the contractor went over the
ten days specified.
Mr. Boogaard stated he would make sure the bid specifications had a provision in liquidated damages before it was
presented to the Mayor for signature.
AMENDMENT TO MOTION: (Moore) tn make sure the bid specifications had a provision in liquidated
damages before it was presented to the Mayor tier signature.
Councilmember Moore questioned if the contract supervisor would have a beeper.
Mr. Lippitt stated that was not the staff proposal. Staff felt the public should go through City staff rather than
directly to the contractor. There would be extra personnel on the job and they would be required to attend the
meetings as well as a City representative.
VOTE ON RESOLUTION AND AMENDMENT: approved 4-0-1 with Horton absent.
19. RESOLUTION 17518 ACCEPTING BID AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF ASSESSMENT DISTRICT NUMBER 90-2 (OTAY VALLEY ROAD PHASES II AND
IIl) FROM 1,200 FEET EAST OF NIRVANA AVENUE TO THE NORTHERLY LIMITS OF OTAY RIO
SUBDIVISION (ST-123) AND APPROPRIATING FUNDS THEREFOR - On 5/17/94, sealed bids were received
for "The Improvement of Assessment District Number 90-2 (Otay Valley Road, Phases II and III) from 1,200 feet
east of Nirvana Avenue to the northerly limits of Otay Rio Subdivision (ST-123)". The work in general includes:
mobilization, traffic control, removal and disposal of existing improvements, clearing and grubbing, relocation of
existing facilities, excavation and compaction, import and compaction, asphalt concrete pavement, aggregate base,
Minutes
June 7, 1994
Page 11
subbase, curb and gutter, sidewalk, driveways, chain link fencing, erosion control, silt fencing, various drainage
inlets and structures, reinforced concrete pipe, street lighting median barrier, pavement striping and signing,
landscaping and irrigation, street survey monuments, protection and restoration of existing improvements, Otay
Valley Road bridge widening improvements crossing Otay River and the construction of all appurtenances and other
work as may be necessary to render the above improvements complete and workable. Staff recommends approval
of the resolution. (Director of Public Works) 4/Sth's vote required.
RESOLUTION 17518 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived.
* * * Councilmember Hotton returned to the dais at 6:51 p.m. * * *
VOTE ON MOTION: approved unanimously.
20.A. REPORT CORPORAL PUNISHMENT FOR REPEAT GRAFFITI CRIMINALS -
Legal opinion of the City Attorney concluding that, tinder carefully articulated circmnstances, the Federal and State
Constitutions permit mild, non-arbitrary corporal punishment tbr repeat graftiti offenders. Staff recommends
Council not approve the resolution. (City Attorney)
B. RESOLUTION 17519 URGING THE CALIFORNIA STATE LEGISLATURE TO ADOPT
LEGISLATION PERMITTING OR REQUIRING JUDGES TO PRESCRIBE CORPORAL PUNISHMENT
FOR REPEAT GRAFFITI OFFENSES
Mayor Nader stated Council had received a supplemental report from the City Attorney and he felt the City
Attomey's recommendation was a policy reconunendation and not a recommendation on legal grounds per se. He
did not feel corporal punishment for graffiti was the answer to graffiti, but if everything else was tried, i.e.
education, prevention, counseling, cormnunity service hours, etc. and someone accumulated two or more convictions
for graffiti offenses, as a last resort and as a way of getting their attention and betbre they progressed into some
more harmful activity, some tbrm of corporal punishlnent was not inappropriate. He was not talking about "caning"
or anything that would inflict permanent injury or require medical treatment. It was not vindictive or sadistic but
a matter of trying to protect the quality of life in the community and the lives of the young people. He felt the
resolution should be amended as follows: 1) the ~urth "Whereas" clause regarding the rehabilitation costs
should be stricken, as rehabilitation did have an affect on many graffiti offenders but not on all; 2) the last
clause, strike the words "or requiring" which wnuld make it an option, not a requirement, and replace
"judges" with jurisdictions in the last clause as the pnint was to provide local options so each community could
determine what was best; and 3) in place of the stricken "Whereas" clause, add a "Whereas" clause that
would state "Whereas failing to deal apprnpriately with graffiti creates an atmosphere which gangs, drugs,
and guns become a greater danger to the community". He felt it needed to be clear that it was not being done
because the City was angry and fed up, but also becanse there was a serious consequence to the community at-large
and the individuals involved that went with allowing that activity to flourish unchecked.
Councilmember Moore stated he did not have a problem in urging the State to change legislation. The problem
he had was on how it would be enforced and administered and felt there were other ways of dealing with the issue
other than corporal punishment.
Councilmember Rindone questioned how the proposal would not be in conflict with the Eighth Amendment.
Mayor Nader stated the State of Delaware had whipping on the books and had never been ruled a conflict of the
Eighth Amendment.
Mr. Boogaard stated staff had checked with the State of Delaware and that statute had been removed from the books
in the mid-50's and there was a effort, by initiative, to bring it back five years ago and it failed due to public
sentiment.
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Minutes
June 7, 1994
Page 12
Mayor Nader stated that if it had remained on the books nntil the 1950's and was never ruled unconstitutional and
was taken off as a political matter~ what he proposed wonld pass constitutional muster because it was a far less
severe punishment. It was highly unlikely to be ruled, by the U.S. Supreme Court, as a cruel or unusual
punishment, even more so if imposed as a condition of probation rather than as a sentence.
Councilmember Rindone questioned whether it was ever tested in Delaware.
Mr. Boogaard stated it was not. There was no U.S. Supreme Court case testing.
Mayor Nader stated he understood that the City Attorney had a strong philosophical difference, but requested that
it be set aside. He felt there were other milder cases of corporal punishment being inflicted under State auspices
and there had been challenges to that and none, to his knowledge, had been thrown out on Eighth Amendment
grounds. He felt some were thrown out because they had been improperly applied or administered on equal
protection, i.e. Fourteenth Amendment, and some on due process. i.e. Fifth Amendment, grounds. He did not feel
his recommendation could be violation of due process as it would be inflicted only after a court trial.
Mr. Boogaard felt he had made it clear in his report that it could be crafted in such a way as to be constitutional
and the Mayor was correctl his recommendation was based on policy reasons.
Councilmember Moore stated he was concerned regarding the liability to the City's treasury. If done locally he felt
the City would be liable, therefore, he could not support the resolution.
· Kathryn Lembo, 315 Fourth Avenue, Chula Vista~ CA, Executive Director of South Bay Community
Services, urged Council to abandon the notion of corporal punishment for juvenile graffiti offenders. She felt a
more productive action for Council to take would be to nrge the State and other funding sources to adequately fund
proven successful programs. She f~,lt any action would be contrary to the Council's consistent efforts towards
prevention and true problem solving. She f~::lt it would send the message to the youth that it was alright to resolve
their problems with physical violence or to have the policy misunderstood as justification for some parents to cross
the line in disciplining their children to physically abusing them. She offered her services and the services of her
top management staff, gang and graffiti experts, and young people to meet with the City regarding solutions.
Mayor Nader stated it was not being recommended for first time offenders, so if another program worked those
youth would not be subjected to corporal punishment. He was not proposing, even for the repeat offender, that
corporal punishment replace other programs, bnt as an additional option fur a judge to consider. In his mind his
proposal was not just for juveniles. He f~lt there was an important distinction between corporal punishment,
imprisonment, capital punishment, or any other State imposed pnnishment and abuse in the home. The distinction
was that the state imposed pnnishment was administered legally only afier a court hearing, with a right to trial, with
a right to have an attorney, with the necessity to make the accuser present evidence to an impartial fact finder to
prove the case beyond a reasonable doubt, to prove that a person was guilty of an offense that was clearly laid down
by the State. He agreed that the state should be doing more to support some of the successful programs with high
success rates. He would be agreeable to amend the resolution to add that the City ask the State legislature to make
sure that programs were open to first time offenders at the time that they needed them or to people before they
entered the system.
· Jimmy Morales, 295 "C" Street, Chula Vista, CA, representing New Covenant Tabernacle, stated
government was attacking the symptoms and not the disease at the root level. He felt one of the root problems was
that youth did not have an alternative to that type of lifestyle. Their organization wanted to have other programs
available. He agreed that youth needed to be held responsible fi~r their actions.
· Mario A. Herroz, 30 Woodlawn Avenue, Apt. T, Chula Vista, CA, representing New Covenant
Tabernacle, stated the existing system did not work. He f~lt the community needed to come together and give the
youth guidance and alternative programs.
Minutes
June 7, 1994
Page 13
Councilmember Horton stated she could not support the resolution. She did not feel she was soft on crime and
supported the programs that had been initiated by the City fbr crime prevention.
Mayor Nader stated he would add an addititmal "Resolve" clause, "Be it further resolved that the Council
urge the State to provide adequate support to proven rehabilitation programs".
RESOLUTION 17519, AS AMENDED, OFFERED BY MAYOR NADER, reading of the text was waived,
failed 1-3-1 with Horton, Moore, Rindone npposed and Fnx absent.
Councilmember Rindone did not f~el that anyone on the Council was soft on crime, but had a high interest to be
sure there was preservation of security in the neighborhoods. He did not feel that should be done with corporal
punishment, but with the administration of justice that was consistently applied. Therefore, he could not support
the resolution. The State legislature needed to make sure that the laws and regulations were adequate and that
adequate funds were available.
* * * Cnuncilmember Fox urrived at 5:58 p.m. * * *
21. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
Stephanie Snyder, Principal Management Assistant, stated staff' would continue to monitor the weekly meetings and
update Council with reports.
Mayor Nader questioned if staff had received the fi,-x from Urban Ore Inc.
Ms. Snyder responded she had received it just prior to the meeting. She f~lt it referred to Item 7 which had been
pulled from the Consent Calendar.
Councilmember Rindone stated the new co~mmssion had voted to not have differential rates for non-members and
members which he felt was a positive step. They had also made the recommendation to raise the fees to $55 from
$43 which he felt was a negative step.
Mayor Nader questioned if there was a set time at which the City~s contract with BVA expired.
Ms. Snyder responded there was no set time. However, the contract that was entered into in March took the City
through the 5/10/94 meeting at which time Council approved an extension fbr two weeks to get through the meeting
of 5/24/94.
Mayor Nader questioned whether the extension was on the agenda at the 5/24/94 meeting. If not, he questioned
why it was not when statT was aware the contract would run out.
Ms. Snyder responded that one of the actions taken at the 5/24/94 meeting was to direct staff to come back on
6/7/94 with a contract for their assistance during the negotiations frbr the transfer station.
Mayor Nader questioned whether staff had infbrmed Council that the City would be without a consultant during that
time.
Ms. Snyder stated that had not been explicitly delineated fbr Council.
Mayor Nader felt it was important fbr Council to know because if they had qnestions that expertise was needed it
was not available.
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Minutes
June 7, 1994
Page 14
Ms. Snyder stated staff was trying to carefully interpret the Council's direction to perform certain tasks within that
two week period. Staff did not feel they had authorization to go beyond the two weeks because the tasks that
Council had asked to be done were done.
22. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
John Lippitt, Director of Public Works, stated the Mayor had sent a letter to the Mayor of San Diego addressing
the City's initial concems with the MOU and the City's intentions that if those issues were not resolved the City
would probably withdraw from the District. He then reviewed action taken by the District and City of San Diego
regarding the MOU and participation of sewer users versus water users for water reclamation. Staff was working
on a detailed report that would be before Council on 6/14/94 to finalize the issue as to whether or not to withdraw
from the District.
Mayor Nader hoped staff' was prepared to address the issue of what the City would do in the years following
departure from the District.
Councilmember Moore questioned if a smaller group to work with the City of San Diego had been considered to
outline the City's concerns and reasoning. He encouraged the representatives of the District to set up such a
meeting.
Mayor Nader felt that had been tried in forms ranging from one-on-one to subcommittees of the Board. It was his
observation in all of those situations that the San Diego Boardmembers that he had talked to essentially had been
so sure that what their city staff had been telling them was right they were not open to other versions of the facts.
ITEMS PULLED FROM THE CONSENT CALENDAR
Item pulled: 7. The minutes will reflect the published agenda order.
OTHER BUSINESS
23. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Mr. Goss reminded Council that there would be a Council tour on Saturday
regarding the Information Highway with on-site visits with Cox Cable and Pac Bell. A budget worksession/meeting
would be held on Monday, 6/13/94 at 6:00 p.m. in the Council Conference Room.
b. Mr. Goss stated the planning information was received from the State and Chula Vista's population was
estimated to be 149,347.
24. MAYOR'S REPORT(S)
a. Ratification of reappointments: Clayton Gingerich - Board of Appeals and Advisors; Marie Miehls - Child
Care Commission; and, Emerald Randolph - Child Care Comn~ssion (ex-officio).
MSUC (Nader/Horton) to ratify the reappointments of: Clayton Gingerich - Board of Appeals and Advisors;
Marie Miehls - Child Care Commission; and, Emerald Randolph - Child Care Commission (ex-officio).
Minutes
June 7, 1994
Page 15
25. COUNCIL COMMENTS
Councilmember Horton
a. Service Station refueling service tbr disabled persons. Councilmember Horton stated she had been
contacted by members of the cormnunity that were disabled complaining about the problem. Their concern dealt
with being able to find service stations that would service disabled members of the community. She questioned what
the City could do to help provide that service.
Mr. Booguard recommended that staff input be obtained regarding contacting all service stations. He felt the service
station operators should be invited to a community meeting where staff could explain the concerns and try to develop
a consensus on how to deal with the issue. He felt staff needed more information on the scope of the problem, have
a meeting with the operators, and report back to Connell with recommendations.
Mayor Nader stated he brought the issue up to Council in 1987. Research had indicated that the law allowed a local
entity to do the enforcement of the State law. At that time, the City Attorney was directed to send out a letter on
the premise that there were operators that were unaware of their obligations under State law and the complaints
seemed to drop off after that.
Mr. Booguard stated staff could send letters to the operators, but suggested that the business license division would
be better equipped to send out the letter.
Mayor Nader t;elt it would be appropriate if the letter came from the City Attorney as he was authorized to enforce
the law.
Councilmember Moore t~lt a copy of the Statute shonld be included with the letter. He questioned if a public
meeting would be beneficial.
Mr. Booguard stated the letter could include the option of a meeting and if there was a significant level of interest
in response to the letter he would send out a second letter inviting them to a meeting.
Councilmember Moore
b. Graffiti Eradication Budget-Reallocation - Recommend Council Approval. Councihnember Moore stated
the item had been betbre Council previously, bnt direction had been unclear. His proposal provided necessary
clarification and would provide a Council policy.
MSC (Mooreaclorton) to approve the recommeudatiun to: 1) Cnuncil initiate action to formulate a Council
policy; 2) bring back the policy and supplemental report to Cnuncil not later than the first week in August.
Approved unanimously.
* * * Cnuncilmernber Fox arrived at 5:58 p.m. * * *
c. Economic Incentive Policy lbr Business Expansion - Reco~mnend Council Approval.
MS (Moore/Nader) to approve the recommendation in concept and direct the City Maoager to develop a City
policy.
Mayor Nader requested that the City Manager incorporate into the response to the motion, the report that was done
for Community Development and suhnitted to the Economic Development Manager and the EDC involving a labor
study and recommendations on types of businesses that would provide jobs lbr those that needed them in the
community. He limit it could be a guide tbr businesses the City should be targeting for recruitment, retention and
expansion.
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Minutes
June 7, 1994
Page 16
Councilmember Moore felt someone on the Commission~ staff, Chamber of Commerce, etc. should contact
businesses regarding retention and expansion. He would personally contact businesses while still on Council and
the Economic Development Manager could invite those businesses to a seminar.
VOTE ON MOTION: approved unanimously.
Councilmember Fox
d. Councilmember Fox stated he had artended a meeting in Toronto on the CO2 and Greenfleets project. He
felt it would bring innovative ideas to Chula Vista.
e. Personal statement. Councilmember Fox stated in mid-May he had submitted a claim for approximately
$3,000 against his allotted flexible benefit account which was a reimbursement mechanism available to employees.
When he submitted the claim he did not have a proper basis as he had not incurred the expense in the amount for
which he sought reimbursement. He did withdraw the claim betkite it was processed when an error was called to
his attention. He had not received any money as a result of the erroneous claim due to the withdrawal. He felt
submittal of the claim was clearly wrong and displayed a lack of proper judgement and he expressed his regret at
making such an error and extended apologies fix any inconvenience it may have caused. He had learned an
important lesson and it would not happen agaim bot it would make him a better representative. Upon request he
would discuss the matter with any interested party and provide any pertinent information or documentation
requested. He felt public officials had an obligation to share when mistakes were made and that was why he had
chosen to make a public statement.
CLOSED SESSION
26. CONFERENCE WITH LEGAL COUNSEL REGARDING:
I. Existing litigatiun pursuant to Government Code Section 54956.9
· Perez vs. the City or' Chula Vista.
· City of Chula Vista vs. the County of San Diego (Surcharge).
* City of Chula Vista vs. the State of Calitbrnia, APTEC, and the County of Los Angeles.
® Fisher vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Withdrawal from the San Diego Metropolitan Wastewater District.
27. CONFERENCE WITH LABOR NEGOTIATOR ~ Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee tbr CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employee Association (CVEA), Western Council
of Engineers (WCE), Police Officers Association (POA), and International Association
of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
28. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No action was taken in Closed Session.
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Minutes
June 7, 1994
Page 17
ADJOURNMENT
ADJOURNMENT AT 7:42 P.M. to a City Council tour on Saturday, June 11, 1994 at 8:00 a.m. and thence to the
Regular City Council Meeting on June 14, 1994 at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Rcdcvelopment Agency convened at 7:42 p. ln. and adjourned at 8:57 p.m..
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
\~I\
by: '-__' '
Vicki C. Soderquist, Deputy~Cgi~, Clerk