HomeMy WebLinkAboutcc min 1994/06/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 14, 1994 Council Chambers
6:07 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Moore, Rindone, and Mayor Nader
ABSENT: Councilmember Hotton
ALSO PRESENT: John D. Goss, City Manager; Bmee 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; May 23, 1994; May 26, 1994; and June 1, 1994.
MSC (Moore/Fox) to approve the minutes of May 17, May 23, May 26, and June 7, 1994 as presented.
Approved 4-0-1 with Horton absent. Councilmember Rindone abstained from voting on the minutes of
5/17/94 and Councilmember Fox abstained from voting on the 5/26/94 meeting.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Clayton Gingerich - Board of Appeals and Advisors; Marie Miehls - Child Care
Commission; and, Emerald Randolph - Child Care Commission (ex-of~cio). The Oath of Office was administered
by City Clerk Authelet to Clayton Gingerich and Emerald Randolph.
b. Proclamation commending Dr. Ginger Hovenic "National Distinguished Principal" - The proclamation
was presented by Acting Mayor Pro Tem Fox to Dr. Ginger Hovenit, Principal of Clear View Elementary School.
c. Proclamation commending Suzanne Jung upon thirty years of dedicated service - The proclamation
was presented by Acting Mayor Pro Tem Fox to Suzanne Jung, Senior Librarian in charge of Children's Services.
CONSENT CALENDAR
(Items pulled: 8, 9, 12, 16, & 17)
BALANCE OF THE CONSENT CALENDAR OFI~ERED BY COUNCILMEMBER MOORE, reading of the
text was waived, passed and approved 4-0-1 with Horton absent.
MSC (Nader/Moore) to find that an urgency existed as information was not available until after the posting
of the agenda and to add Resolution 17534 to the agenda. Approved 4-0-1 with Horton absent.
RESOLUTION 17534 APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE
YEAR LEASE AGREEMENT WITH THE KELTON TITLE CORPORATION FOR THE CHULA VISTA
TELECENTER PROJECT AND SUPPORTING THE DEVELOPMENT OF TWO TELECENTERS
Barbara Barnburger, Environmental Resources Manager, stated staff was requesting Council approval of a one year
lease agreement for the Eastern Chula Vista Telecenter and to revise the telecenter project to include the
development of two small telecenters instead of what had originally been proposed, i.e. one large telecenter.
June 14, 1994
Page 2
RESOLUTION 17534 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-1 with Horton absent.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting the City support the San Diego Audubon Society's request for financial assistance
from the Port of San Diego to fund subscriptions for educational material for elementary schools and to
express the City's support to the Port of San Diego - Ray West, Chairman for Education, San Diego Audubon
Society, 2321 Morena Blvd., Ste. D, San Diego, CA 92110. It is recommended that staff be directed to draft a
letter for the Mayor's signature in support of the Audubon Society's request.
6. ORDINANCE 2593 ADDING CHAPTER 2.39 TO THE MUNICIPAL CODE
ESTABLISHING A VETERANS ADVISORY COMMISSION (second reading and adoption) - 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 second reading and adoption. (Director
of Personnel)
Mayor Nader requested that the City Clerk's office advertise the positions created on the Veterans Advisory
Commission as per the requirements of the Maddy Act.
7.A. ORDINANCE 2594 AMENDING TITLE 15 OF THE MUNICIPAL CODE BY
AUTHORIZING THE CITY MANAGER TO REFUND UNEARNED PERMIT FEES IN SPECIFIED
SITUATIONS (fiest reading) - The resolution appropriates a total of $120,000 from Funds 220 and 222 to correct
negative balances caused by refunds of collected fees which were in excess of appropriated amounts. The ordinance
amends the Municipal Code to allow the City Manager to make such refunds, up to $100,000, without prior
appropriation. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director
of Public Works)
B. RESOLUTION 17520 APPROPRIATING $15,000 PROM THE UNENCUMBERED
BALANCE OF FUND 220, SEWER INCOME FUND, AND $70,000 PROM THE UNENCUMBERED
BALANCE OF FUND 222, TRUNK SEWER CAPITAL RESERVE FUND - 4/Sth's vote required.
8. RESOLUTION 17521 APPROVING THE FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITIES OF LA MESA, CHULAVISTA, POWAY, NATIONAL CITY AND IMPERIAL BEACH FOR PURPOSES OF A COORDINATED
APPROACH TO REGULATING CABLE TELEVISION RATES AND APPROPRIATING FUNDS
THEREFOR - On 1/4/94, Council approved a Memorandum of Understanding (MOU) with the cities of La Mesa,
Poway, National City, and Imperial Beach for purposes of a coordinated approach to regulating Cox Cable's
television rates for the Basic Service Tier. The five cities jointly hired Public Knowledge, Inc. to review the
previous FCC worksheets submitted to the cities by Cox Cable and have concluded, at the staff level, that it would
be cost effective to amend the MOU approved in January to provide for additional consulting services to review the
new FCC forms that Cox Cable will be submitting to the cities. Staff recommends approval of the resolution.
(Administration) 4/Sth's vote required. Pulled from the Consent Calendar.
9. RESOLUTION 17522 ACCEFFING BIDS AND AWARDING CONTRACT FOR
PURCHASE OF DESKTOP PERSONAL COMPUTERS - On 5/6/94, bids were received for the purchase of
eleven desktop personal computers approved in the Capital Improvement Program budget for use in the Geographic
Information System (GIS). Staff recommends approval of the resolution. (Interim Finance Administrator) Pulled
from the Consent Calendar.
Minutes
June 14, 1994
Page 3
10. RESOLUTION 17523 ACCEPTING BIDS AND AWARDING CONTRACT FOR
ASPHALTIC CONCRETE - On 5/31/94, bids were received for furnishing the requirements for asphaltic concrete
for street maintenance. The estimated usage for fiscal year 1994/95 is 4,500 tons. The material will be picked up
at the vendor's plant. Staff recommends approval of the resolution. (Interim Finance Administrator)
11. RESOLUTION 17524 APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE CALIFORNIA BUSINESS INCUBATOR NETWORK FOR THE DEVELOPMENT OF AN
ENVIRONMENTAL INCUBATOR FACILITY AND RELATED CONTRACT BETWEEN CALIFORNIA
BUSlNESS INCUBATOR NETWORK AND BUSINESS CLUSTER DEVELOPMENT; AND, RE-
APPROPRIATE $10,000 THEREFOR FROM THE BORDER ENVIRONMENTAL COMMERCE
ALLIANCE COMMIfNITY DEVELOPMENT BLOCK GRANT FUNDS - In early 1993, Council directed staff
to pursue the development of an "Environmental Enterprise Zone" and formed a subcommittee including
Councilmembers. The Task Force proposed the creation of a regional Border Environmental Commerce Zone
(BECZ). On 4/7/94, Council approved restructuring the program as a "Border Environmental Commerce Alliance"
(BECA). In February 1994, CALEPA and the California Trade and Commerce Agency announced support for three
environmental business cluster incubators to be located statewide, as part of the State's California Environmental
Technology Partnership (CALETP). The incubators will be located in Thousand Oaks, San Jose, and Chula Vista.
Staff recommends approval of the resolution. (Director of Community Development) 4/Sth's vote required.
12. RESOLUTION 17525 APPROVING CHANGE ORDER NUMBER FIVE FOR THE
SOUTH CHULA VISTA LIBRARY WITH DOUGLAS E. BARNHART, INC., FOR CITY INITIATED,
UTILITY OR CODE REQUIREMENTS, HVAC COORDINATION, AND FORCE ACCOUNT WORK AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON
BEHALF OF THE CITY -Change Order Number 5 is composed of twelve elements: (1) adding one drain; (2)
moving two media plugs; (3) changing locker types; (4) tying roof drain into perimeter drain; (5) providing sheet
metal gutters; (6) adding two wood louvers; (7) accepting originally specified carpet (8) adding detector check valve
to fire hydrant; (9) changing water coolers; (10) adding drywall to bookdrop room; (11) adjusting HVAC duct size;
and (12) force account work for framing. Change order Number 5 totals $93,416. Staff recommends approval of
the resolution. (Director of Public Works and Library Director) Pulled from the Consent Calendar.
Mayor Nader questioned if the HVAC system was a freon system.
Albert deBerardinis, Project Manager, Starboard & PSI, responded the HVAC system utilized the new generation
refrigerant by the DuPont Company, i.e. R-22. It would take them to the year 2020 at which time it would be
phased out. The old freon, R-11, would be phased out by 2000. There would be another generation of products
available in the future, but nothing was available currently that went beyond 2020.
Mayor Nader questioned why a design was not utilized that did not use chemical refrigerants.
Mr. deBerardiins responded it was a water chilled system which was the most cost effective for the building and
required a cooling loop. The only other option was a package unit system that would require a lot of different units
on the roof of the building. Due to the architecture of the building they did not want any mechanical equipment
on the roof. With the chilled system there was one unit that would be hidden in the mezzanine.
Mayor Nader stated he was astounded that it had not been incorporated into the design of the building a long time
ago because of the environmental and health impacts of the closed systems. In constructing a new building there
was an opportunity to do it right and there was no reason the City should be stuck with such a system. He
questioned if it could be changed.
Shawn Town, Project Architect, LPA, responded the units were to be delivered to the site and installed on Monday
and there had been a lot of preparation. He felt there would be significant cost impacts for construction.
Mayor Nader stated he wanted staff to come back with a policy that Council could adopt for future buildings that
would assure they were designed in an environmentally sound way. He was hesitant to stop the project or incur
Minutes
June 14, 1994
Page 4
significant costs to the taxpayers, but there should be a policy that would ensure that it was done right in the first
place.
Mr. Town stated they were not mechanical engineers and felt they could be over simplifying the system.
Councilmember Rindone requested that Council be supplied with information on systems that did not rely on
chemical refrigerants.
RESOLUTION 17525 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived, approved
4-0-1 with Itorton absent.
Mayor Nader requested the Clerk agendize, under the Mayor's Comments, for the next agenda "Policy on Air
Conditioning Systems for Future Public Buildings".
13. RESOLUTION 17526 APPROVING A CONTRACT FOR FIREWORKS DISPLAY FOR
JULY 4, 1994 AND ENTERING INTO AN INDEMNIFICATION AGREEMENT WITH THE SAN DIEGO
UNIFIED PORT DISTRICT - The City is in the process of frnalizing plans for the Fourth of July Community
Pride Festival and Fireworks display to be conducted on the Chula Vista Bayfront. A contract with the vendor
supplying and launching the fireworks has been finalized, and the City has been asked to enter into Indemnification
Agreements with Rohr Industries and the San Diego Unified Port District. Staff recommends approval of the
resolution. (Director of Parks & Recreation)
14. RESOLUTION 17527 APPROVING A MEMBERSHIP IN THE CALIFORNIA HEALTHY
CITIES PROJECT; AND A GRANT REQUEST IN THE AMOUNT OF $5,000 TO HEALTHY CITIES -
In October 1993, Chula Vista was selected to receive one of the five California Healthy Cities Project Special
Achievement Awards for its senior safety net program, PROJECT CARE. Following the award presentation, the
City was asked to submit a project proposal and apply to become one of the state's "Healthy Cities". The City has
decided, in collaboration with South Bay Community Services, to produce a "publication for youth, by youth" as
the first year project for its Healthy Cities application. The project will be a cooperative effort involving the City,
South Bay Community Services' Kidz Biz Program, and the Chula Vita Youth Coalition. Staff recommends
approval of the resolution. (Director of Parks & Recreation)
15. RESOLUTION 17528 APPROVING UNCONTROLLED EMBANKMENT AGREEMENT
FOR FILL AT PROPERTY ON OTAY VALLEY ROAD, EAST OF THE AUTO CENTER (APN 644-040-
40), AND AUTHORIZING THE MAYOR TO EXI!:CUTE SAME - Fred Borst, owner of property on Otay
Valley Road known as APN 644-040-40, has requested permission for an uncontrolled embankment. According
to Section 15.04.285 of the Municipal Code, all uncontrolled embankment agreements must be approved by Council
prior to issuance of the grading permit. Staff recommends approval of the resolution. (Director of Public Works)
16. REPORT INDUSTRIAL ZONING POLICY - Cormell has previously directseel
staff to inform them regarding land use proposals which would result in non-industrial development of property
which is zoned for industrial uses. In addition, Council has requested staff prepare a draft Council policy to address
concerns regarding the possible economic and fiscal impacts of such land use changes. Staff recommends Council
accept the report and direct staff to refer the draft Council policy to the Economic Development Commission and
Planning Commission for review and comment prior to final action by Council. (Director of Planning) Pulled
from the Consent Calendar.
17. REPORT PROPOSED FOCUSED PLANNING AREA CRITERIA FOR THE
MULTIPLE SPECIES CONSERVATION PROGRAM - In January 1994, Council appointed Councilman Bob
Fox to participate on a policy committee for the Clean Water Program Multiple Species Conservation Program
(MSCP). On 2/28/94, the MSCP Policy Committee requested that the participating jurisdictions provide input
Minutes
June 14, 1994
Page 5
regarding recommended criteria for forming a 'focused planning area, ' which would define a study area for a future
regional habitat reserve system within the Clean Water Program service area. Staff recommends Council
conceptually endorse the approach to delineation of a 'focused planning area" as recommended by the City of San
Diego, and authorize its representative on the MSCP Policy Committee to recommend that the approach be refined
to be more directly applicable to Chula Vista and the other participating jurisdictions. (Director of Planning)
Continued from the meeting of 5/24/94. Pulled from the Consent Calendar.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE BUDGET FOR
FISCAL YEAR 1994/95 ~ Council has held work sessions to consider and discuss the proposed Fiscal Year 1994/95
budget. The public hearing is designed to receive additional citizen input and to adopt the proposed Fiscal Year
1994/95 budget. Staff reconunends Council accept public testimony and adopt the proposed budget as amended
during the review sessions and as may be further amended as a result of the public hearing. (Administration)
RESOLUTION 17529 APPROVING ADOPTION OF THE FINAL BUDGET FOR THE
FISCAL YEAR BEGINNING JULY 1, 1994 AND JUNE 30, 1995
Mr. Boogaard informed Council that staff recommended the public hearing be held and the resolution considered
at the meeting of 6/21/94.
Mr. Goss provided additional information on budget reductions of revenues from the State on the City and RDA
budgets. Funds had been added to the following budgets: Boards & Commissions, Insurance (one time increase
for Worker's Compensation), Police, Public Works Department, Parks & Recreation (80% was to fold the various
teachers under contract into part-time employees), and Library. As a result of those actions the budget was
approximately $55.7 million with overall reserves of approximately $7 million. The balance was a minus $87,000
that would cause a reduction in the overall General Fund reserves.
Councilmember Moore questioned what the change was in the Police Department budget.
Dawn Herring, Budget Manager, responded the change represented the Manager's original recommendation to
freeze a communications operator position for twelve months and it had been revised to four months at Council's
direction.
Mr. Goss stated it was staff's understanding that Council had taken action to proceed with increasing the false alarm
fees and staff would be submitting documents to Council to implement that. Council had been clear in their
direction to not increase taxes, but look at other fees, to be able to do business with other jurisdictions, be
entrepreneurial, etc. Council did have flexibility by way of expenditure cuts and revenue additions. He had
received a memo from the Director of the Chamber of Commerce requesting additional funding for a restaurant
guide in the amount of $6,000. Supplemental Budget Memos had been distributed, #40 dealt with the RCC plaques
and #41 dealt with the sidewalk improvements on Third Avenue between Orange and Main Streets.
Councilmember Moore questioned where the funding would come from for the RCC plaques.
Mr. Goss responded he would not recommend that the $1,200 be taken from something else but added to the deficit.
Staff would come back with information regarding the PERS refunding which could off-set the deficit of the budget.
What the State would do to the RDA was a major issue along with the RDA operating at a deficit condition
primarily due to the State take aways and other factors. Staff was working on a proposal they felt would be
satisfactory in resolving the issue, but did not feel it was at the point where he felt comfortable in presenting it.
Mayor Nader questioned the potential budget reduction by assigning a word processor to Finance instead of
Engineering
Minutes
June 14, 1994
Page 6
Mr. Goss stated it did not appear to be a good fit and staff no longer recommended it. He would wait until there
was a clerical vacancy and transfer that position into that spot. The type of training for the Finance position was
different than word processing. The position would be doing basically the same work in Engineering as it did in
Word Processing.
Mayor Nader felt staff should take a second look at that, it seemed to him someone in Finance could do word
processing that related to more than one specific City department. Maybe it should be someone that was not
assigned exclusively to one department to do word processing. It was suggested to him that in the Police budget
where it was proposed to add a false alarm intern that a similar result could be achieved by handling the false alarm
fees in the same way the City did the parking frees, i.e. routing them through the Finance Department and not
through the Police Department thereby relieving the Police Department without hiring an intern for that specific job.
Kevin Hardy, Senior Management Assistant, stated the work that was done regarding the processing of the bills
would more generically fall under the Police Department's purview, which generated the bills. It could be done,
but would depend on the workload in the Finance Department.
Mayor Nudes stated he had been told there was a desire in the Police Department, that had not been communicated
to Council, to purchase new computers to increase the efficiency of the Department. He questioned if the funds
to be spent on an intern could be better spent on computer equipment.
Mr. Goss stated the items in the budget transmittal were the items requested by the Department and either those that
the City Manger did or did not recommend, including the cuts reviewed. He then reviewed the budget process.
Mayor Nader questioned what would happen to the existing ladder truck when the new truck was purchased. It had
been suggested to him that it be kept and used for an emergency situations.
James Hardiman, Fire Chief, responded that it had been studied and on a cost benefit and safety basis it was
determined that it would be in the best interest of the City to not retain it. There was a problem with obsolescence
of equipment and safety features that would arise within a short period of time as the equipment approached twenty-
five years of age.
Mr. Goss stated in the past a lot of surplus equipment was disposed of to cities in Mexico and was brought to
Council for approval.
Councilmember Fox stated he was concerned with the proposed closing of the Woodlawn Park Library and
questioned what would happen if Council decided to keep it open and how it would be funded.
Mr. Goss responded reviewed his rationale regarding the County branch library system and the City area library
system. Staff was recommending that the branch libraries that formally served the southern part of the City be
closed. The other factor was that the Library Board had reviewed the recommendation and had voted 3-2 to support
the closure as there had not been a lot of usage at that library. A number of options for the facility had been
outlined insmad of closure.
Councilmember Fox requested the following information regarding the position of Community Development
Specialist II: 1) salary, and 2) how it would be funded.
Councilmember Rindone stated there was usually a rate of return of budgeted money which had been tinspent in
various categories and a history that budget8 used to determine what that was. That information had not been
presented to Council and he questioned what it had been.
Ms. Herring stated staff looked closely at anticipated savings in the budget expenditures. An estimate was done
on an annual basis for the salary savings and that was built into each departments budget. The total was
approximately $850,000 in the current year budget and less than that for 1994/95, i.e. $500,000 because there had
not been the same rate of turnover. Staff also built into the Non-Departmental budget an estimate of $300,1300 in
savings in general supplies and service accounts. In addition to that, the departments took a close look at their
expenditures toward the close of the fiscal year and determined where they felt they would actually end up, i.e.
I T
Minutes
June 14, 1994
Page 7
spending the amounts that they really needed and the amount that would be left at the end of the year. Those
amounts were included in the summaries. The estimated carry-over, in addition to the salary savings and supplies
and services savings, was approximately $950,000.
Councilmember Rindone stated he was pleased to hear that the budget was targeted at realistic expenditures for
salaries and was not over inflated. He questioned what the pattern had been over the past few years.
Mr. Goss responded that it was approximately 2% of the operating budget of the City.
Ms. Herring stated the budget process had changed over the last several years because funding was not them and
the budgets were becoming tighter. As a result the earry-over had not been as high for the current year.
Councilmember Rindone stated he had anticipated information on how many Redevelopmerit Agency salaries were
funded by the General Fund.
Mr. Goss responded that staff had prepared a report for the meeting of 6/21/94 in response. A Council
meeting/worksession had been tentatively scheduled for Monday and there could be an opportunity to discuss it prior
to the meeting of 6/21/94.
Councilmember Rindone questioned how much the Nature Center was in debt to the General Fund before the
proposed $185,000 loan. The shortfall was approximately $2,000/month and hr questioned if there was a reason
for the widening deficit.
Mr. Goss responded that the BCT was also in debt to the RDA. Part of the initial concept was to have a financial
structure that would pay for it. Whether that structure would be able to go back and pick up the deficit was a major
question. The Executive Director was looking at other options for revenues, i.e. merging with other museums, etc.
In past years the bookstore had stayed about even, but with the recession the attendance had gone done as it had
throughout the museum industry. He informed Council that Chief Emerson had arrived at the meeting and could
answer Council's previous question regarding the fire alarm intern.
Rick Emerson, Chief of Police, informed Council that the fire alarm intern would help the department with the
alarms along with volunteers. Staff felt there was a revenue stream which would allow them to bring someone in
to be supervised by existing personnel. It could be handled through the Finance Department. There would still
have to be a relationship with the Department as Crime Prevention would have to talk to those with false alarms
because the goal was to eliminate false alarms. The intern would free up Crime Prevention personnel to do other
work.
This being the time and place as advertised, the public hearing was declared open.
· H. Hirsch, P. O. Box 177, Chula Vista, CA, had his statement read by City Clerk Authelet. He expressed
his concern regarding the closure of Woodlawn Park Library due to the number of school age students in the area.
He felt the facility needed size improvement to better accommodate the area and Council should consider the vacant
lot next to the facility for a larger library. Safety of children walking to the new library should also be considered.
There bitng no further public testimony, the public hearing was declared closed.
Councilmember Moore stated he looked at loans as part of the City's reserves if Council was expecting the loans
to be repaid. He questioned how much the outstanding loans were to the City.
Mr. Goss responded the accumulation of the loans was approximately $7.5 million including insurance.
Councilmember Rindone requested the report include an analysis of the outstanding loans, excluding the insurance
loans and what staffs estimate was of the short term and long term loans and the likelihood of payback within seven
years.
Minutes
June 14, 1994
Page 8
Councilmember Moore stated the key was what action the Council had to take to get the payment back. He felt
Woodlawn Park Library should be closed, hut work with City staff regarding utilization of the facility for a
combination library/recreational facility. The Chamber of Commerc~ request for funding for a restaurant guide
sounded good. If Council voted to approve the request he felt a condition should be added that stated the City
would pay for it the first time with the Chamber printing it for five additional years with no cost to the City.
Mr. Goss informed Council that the loans to the BCT from the General Fund were $1,373,391 and $1,297,314 from
the RDA.
Councilmember Fox felt the closing of the Woodlawn Park Library would be losing a comer stone of the
community, but they were gaining a $16 million dollar library. Staff had notified the area that the facility could
be closed and other than Mr. Hirsch the community did not respond.
MS (Fox/Moore) to direct staff to return on 6/21/94 with options regarding a Community Development
Specialist II designed to work on those projects that were for job creation and business attraction to the
community. It did not have to be a permanent employee of the City.
Councilmember Moore felt the issue of working space should be included in the report.
Councilmember Rindone questioned what would be cut to pay for the position. Becauso the department was already
in debt he could not support the creation of a position without justification. He would not oppose the motion to
bring back information regarding the position.
VOTE ON MOTION: approved 4-0-1 with Horton absent.
MS (Moore/Rindone) to approve Supplemental Budget Memo #41 regarding the interim asphalt sidewalks.
Councilmember Rindone questioned if the asphalt sidewalks would be on beth sides of the street.
Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that the asphalt sidewalk would be
on both sides of the street. The estimate for the entire project was $120,000. If the right-of-way could be obtained
the project would begin one month after the availability. If the right-of-way was not dedicated the City might have
to go to condemnation which would lengthen the time period.
Councilmember Moore questioned where the funding would come for the restaurant/hotel guide funding requested
by the Chamber of Commerce.
Mr. Goss responded that it would come from the General Fund.
Councilmember Rindone felt the City should contact the Hotel/Motel Association regarding a partnership on the
project.
MS (Moore/Rindone) in considering the Executive Director's memo of 6/8/94 from the Chamber of
Commerce, Council approve the request in concept and participate in a 50/50 shared cost or budget the full
cost on the condition that the hotel/mold owners advertisements in the brochure would cover 50% of the cost.
SUBSTITUTE MOTION: (Nader) to direst staff to come back to Council with a recommendation on the
extent of City participation, form of brochure, total cost, and where the money would come from. Motion
died for lack of second.
Mr. Goss stated he had not talked to representatives of the Hotel/Motel Association but knew from past experiences
one of their contentions would be that the City should pay for all of it because the City received approximately $1.3
million in TOT tax.
Minutes
June 14, 1994
Page 9
Mayor Nader stated that was why there was a Community Promotions budget. If Council was going to increase
a budget to promote tourism in Chula Vista he wanted staff to look at where they could get the most 'bang for the
buck" as opposed to reacting to a proposal. He further questioned how it would be distributed and to whom.
VOTE ON MOTION: approved 3-1-1 with Nader opposed and Hotton absent.
MS (Moore/Fox) to approve the staff recommendation on Supplemental Budget Memo #38 regarding the
delineators on Country Club.
Mayor Nader stated he would vote against the motion as the evaluation did not include points for aesthetic value
and impact on the neighborhood. He felt the aesthetic impact was much higher on a residential neighborhood than
on a strip commercial area. Therefore, the point total was subjective and not objective. His subjectivejudgement
was that the well being of the residential neighborhood should be first.
SUBSTITUTE MOTION: (Nader/Fox) to move the Country Club Drive pylon replacements to the top of the
priority list.
Councilmember Moore staled all the delineators had been originally installed for safety reasons and safety was the
reason they should set the priority on when they would be done.
VOTE ON SUBSTITUTE MOTION: approved 3-1-1 with Moore opposed and Horton absent.
Ms. Herring informed Council that Supplemental Budget Memos #8 and #17 dealt with the Community Development
Department and could be discussed when the Community Development budget was discussed.
Mr. Booguard stated his department had been directed to return with information regarding the budgeting for
unexpected legal fees. He was prepared to give a verbal report.
Councilmember Rindone requested that a written report be submitted.
Mayor Nader stated Council had called for an additional special meeting/worksession on Monday, 6/20/94 at 5:00
p.m. in the Council Chambers.
19. RESOLUTION 17530 ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
FISCAL YEAR 1994/95 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION - To
establish the Gann appropriations limit at $140,238,596 for fiscal year 1993/94, Council must adopt a resolution
at a regularly scheduled meeting or noticed special meeting. Staff recommends approval of the resolution. (Interim
Finance Administrator) This resolution does not require a public hearimt but is a related item.
RESOLUTION 17530 OI~'FERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and
approved 4-0-1 with Horton absent.
20. PUBLIC HEARING OPEN SPACE MAINTENANCE DISTRICT NUMBER 10 FOR
FISCAL YEAR 1994/95 - Based upon the advice of the City Attorney, the Open Space Districts have been
separated due to conflict of interest concerns. Council should note that agenda statement gives background
information on all 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 direct staff to tally all protests and
approve the resolution. (Director of Parks & Recreation and Director of Public Works) Continued from the
meeting of 6/7/94.
RESOLUTION 17531 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1994/95
FOR OPEN SPACE DISTRICT NUMBER 10 CONTINGENT UPON APPROVAL OF THE BUDGET BY
COUNCIL
Minutes
Jane 14, 1994
Page 10
Councilmember Fox stated his home was located within Open Space Maintenance District Number 10 and he would
abstain from participation and left the dais.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
the public hearing was closed.
RESOLUTION 17531 O[!!'ERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Mayor Nader stated there was a 146% increase in the assessment and questioned why the cost of maintaining the
open space would more than double. He questioned if it was natural open space.
Donna Snider, Civil Engineer, responded that most of the increase was due to savings in prior years not being
available to lower the assessment.
John Lippitt, Director of Public Works, responded there were portions that were landscaped and irrigated as well
as natural open space.
Mayor Nader questioned whether there were protests received regarding the assessment.
Ms. Snider responded that one person attended the property owners meeting held in April. The property owners
of both District 10 and 11 felt the cities were taxing too much.
Coancilmember Moore felt the notice to property owners should include a span of three years, i.e. the past rate,
present rate, and proposed rate. He recommended that if the increase exceeded $25.00 or 10% staff would be
required to include the rationale for the increase.
MSF (Moore/Nader) future billings to the property owners would include a three year spread and if the
change of increase was $25.00 or 10% the rational would be included. Failed 2-1-1-1 with Rindone opposed,
Horton absent, and Fox abstaining.
Councilmember Rindone stated he voted against the motion due to the 10%. He was uncertain that was an
appropriate threshold, but concurred with the intent of the motion.
SUBSTITUTE MOTION: (Nader/Rindone) future billings to the property owners would include a three year
spread and if the change of increase was $25.00 or 20% the rational would be included. Approved 3-0-1-1
with Horton absent and Fox abstaining.
Mayor Nader stated he was not going to vote for the resolution and with the absence of Councilmember Hm'ton the
resolution would not pass. He felt that prior to development the open space was maintained without an assessment
and although there was a Jack of participation by property owners in District 10, he felt the City should give the
people that were being assessed the opportunity to develop a plan for maintenance since they were the ones that
were paying for it. He understood that the reserves had lowered the assessment in previous years, but it was a large
increase during a recession. He would support an amendment that would keep the assessment at the 1993/94 level.
VOTE ON RESOLUTION: failed 2-1-1-1 with Nader opposed, Horton absent, and Fox abstaining.
Mayor Nader stated there was ananimous censent by the Council to reconsider the resolution.
MSF (Rindone/Nader) to reagendize the item for the meeting of 6/21/94. Failed 2-1-1-1 with Moore opposed,
Horton absent, and Fox abstaining.
MOTION: (Nader) to maintain the assessments at last years levels. Motion died for lack of second.
Councilmember Rindone stated the district had used their reserves for a period of time to abate any increase. He
did not believe the residents of the area were advocating that open space not be maintained. There was not a
II
Minutes
June 14, 1994
Page 11
significant increase, i.e. 4%. The majority of the change was due to the lack of reserves to reduce the assessment
as had been done in the past.
MOTION: (Rindone) to place the item on the 6/21/94 agenda for reconsideration. Motion died for lack of
second.
Mayor Nader stated it had not been shown to his satisfaction that the need for the specific services provided justified
that drastic of an increase in the assessment.
Councilmember Moore stated the assessment had not been doubled. It had been reduced in the past due to the
reserves. He questioned what the status would be of Open Space District 10 if no action was taken by Council.
Mr. Boogaard stated if no action was taken he would recommend that it be agendized for the 6/21/94 meeting. The
costs of the district needed to be financed.
Councilmember Rindone requested that Item 20 be agendized under his comments for the 6/21/94 meeting.
21. PUBLIC HEARING 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 for 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 information related to Open Space District 10. Specifics of Open Space
District 10 are addressed in item 20 on the agenda. Staff recommends Cormell direct staff to tally all protests and
approve the resolution. (Director of Parks & Recreation and Director of Public Works) Continued from the
meeting of 6/7/94.
RESOLUTION 17532 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORT
AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1994/95 FOR OPEN SPACE DISTRICT
NUMBERS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, AND 26, AND BAY BOULEVARD, EASTLAKE AND TOWN
CENTER MAINTENANCE DISTRICTS CONTINGENT UPON APPROVAL OF THE BUDGETS BY
COUNCIL
John Lippitt, Director of Public Works, informed Council that a considerable number of written protests were
received on EastLake Maintenance District Zone D. The protests were tallied and staff met with several
representatives of the area. The meeting with the property owners was scheduled for 6/22/94 to see if there was
a way to reduce the assessments. The assessments for Zone D were based on staff estimates because the District
had not been taken over until January. An additional eleven written protests were received prior to the meeting.
Staff estimated that to be about a 22% protest by area. Staff was recommending Council close the hearing and
allow staff to meet with the residents to see if there was a lower amount and bring back a resolution to Council in
July to levy the assessment.
Councilmember Moore questioned if the initial $7.00 fee had been explained in writing to the property owners.
He felt a written explanation should be handed out at the meeting,
Donna Snider, Civil Engineer, responded the letter was not tailored to their specific district and in the future that
would be done.
This being the time and place as advertised, the public hearing was declared open.
· David Digiambuttista, 2269 Rolling Ridge Road, Chula Vista, CA, Open Space Zone D, stated they would
like consideration given to the fact that it was a first year budget and therefore, there was no cost
base to compare it to. The largest land owner had voted for the people that had yet to move into
the area. The disclosure that had been signed by the property owners omitted the fact that the
Minutes
June 14, 1994
Page 12
SDG&E easement would be included in the zone, the land set aside for SR 125 was in the zone,
and that the developer was paying a significant amount of money to provide maintenance.
· Arthur Schaefer, 2203 Lago Madero, Chula Vista, CA, Open Space Maintenance Zone D, stated most of
the zone was high chaparral or coastal chaparral open area, under high power lines, or erosion
controls on the hill. He felt the increase was excessive and that the disclosures were vague.
· Phil A. Gaugham, 455 Rivercreek Court, Chula Vista, CA, Open Space Maintenance Zone D, submitted
a written protest petition with eleven names of property owners. He requested that the item be
continued until after the meeting between the property owners and staff. The signatures presented
were greater than 60% of the people that lived in the area. The majority of the land ownership
was the Baldwin Company and they had voted for people and homes that did not exist.
Mr. Booguard informed Council that a revised resolution was on the dais that deleted Zone D and would allow
Council to take action on the other districts. A new resolution could be brought back at a later date dealing with
Zone D.
· Terry Lewis, 457 Rivercreek Court, Chula Vista, CA, Open Space Maintenance Zone D, stated her
problem was with the disclosure statement. She had been unable to obtain information regarding
the assessment districts and Mello Roos assessments for her area and what they covered. At a
minimum, she felt the builders owed the people purchasing property a clear piece of paper that
stated what the tax rate was, the Mello Roos tax, the assessment district number and the amount
of the assessment. The property owners should be given an opportunity to discuss privatizing part
of the area.
Mayor Nader stated Council had passed an ordinance that required a specific disclosure form and he felt the City
Attorney should look at the notice to see if it conformed to the legal requirements.
· Bertha J. MacTiernan, 2261 Rolling Ridge Road, Chula Vista, CA, Open Space Maintenance Zone D,
stated they had lived in their home for two months. Baldwin would not sign the petition and it
was up to the Council to help the voting public. She requested that Council not vote on the
· Ken MacTiernan, 2261 Rolling Ridge Road, Chula Vista, CA, Open Space Maintenance Zone D, did not
feel it was fair to pull Zone D out because representatives from the other districts were not in
attendance. He requested that the entire item be continued. He did not feel the property owners
should be held hostage due to Baldwin's ownership, as they had a conflict of interest. He
requested that Council be concerned regarding their taxes and postpone action until the property
owners had an opportunity to meet with staff.
· April Schaefer, 2203 Lago Madero, Chula Vista, CA, Open Space Maintenance Zone D, stated the
majority of the land they were being assessed on was land that could not be built on, i.e. native
species that were protected by law and required no maintenance. Chaparral was under the
SDG&E right-of-way and the only areas b(mg nffmtained were the ramps for SR 125 and erosion
control on the hills. She requested that Council continue the item until the property owners had
an opportunity to meet with staff.
· Phyllis Altomare, 1160 Sundown Lane, Chula Vista, CA, District 4 and District 18, stated the residents
of the districts were disgusted and would not appear at the public meetings. She requested that
Council postpone their decision and allow them to discuss it with staff. Most of the area in
District 4 was chaparral. The assessments continued to go up when they should be going down
because the vegetation was established. She felt part of the problem was the contractor.
Councilmember Rindone questioned what procedures were in place to ensure the work was being performed as
required.
Joel Chew, Open Space Coordinator, stated the inspectors had weekly meetings with contractors of all districts.
The work was also monitored on a daily basis in the field. The contractor had a set work schedule along with daily
work orders issued by the City.
Minutes
June 14, 1994
Page 13
· Darn Wooley, 2284 Rolling Ridge Road, Chula Vista, CA, Open Space Maintenance Zone D, stated the
staff recommendation to close the public heating would not allow further protests and she did not
feel that was fair to those property owners that could not attend the meeting. She stated she was
still working on Baldwin to obtain their signature on the protest.
Mayor Nader stated Council would technically close the public hearing, but any subsequent meeting at which
Council voted on consideration of setting an assessment would be a public meeting and the public would be legally
allowed to speak to Council. He requested clarification regarding the ability to receive protests after the closure
of the public hearing.
Mr. Lippitt responded the recommendation was that if the public hearing was closed, no further written protests
would be received. Staff would be working with the property owners to consider a lower assessment.
Mayor Nader stated Council could consider further written assessments and were not bound by that. Due to the
property ownership by Baldwin, it would be up to Council discretion regardless the number of signatures in protest.
Mr. Lippitt stated that was correct.
There being no further public testimony, the public heating was declared closed.
Councilmember Rindone felt staff should have an overhead depicting the maintenance areas at the next meeting.
Council was suggesting that there might be a resolution on mitigating the costs while still providing the protection,
but not necessarily at the full scale being recommended. Staff should look at alternatives that were not cost
prohibitive.
MSC (Nader/Rindone) to defer EastLake Maintenance Zone D to the July 12, 1994 meeting and direct staff
to hold a meeting with residents regarding cost control measures and report back to Council. Approved 4-0-1
with Horton absent.
Mayor Nader stated he continued to have concerns regarding the costs of maintaining open space that had been there
all along in most cases. He felt cost savings could be achieved on some of the open space maintenance districts.
A motion had been unanimously passed directing staff to look at cost reduction measures and he did not see those
reconamendations before Council for consideration. His intent in voting for that motion was that it would be
received before Council would be asked to vote on any of the proposed assessments. Council had an obligation to
control costs as best they could. He felt that could be done by: 1) maintaining native vegetation wherever possible;
and 2) privatization or allowing non-natural open space to be administered through a local homeowners association.
He felt the City was holding the line on most of the districts, but several had excessive increases. Therefore, he
was not prepared to vote on Districts 4, 24, EastLake I, and EastLake Greens as they had very large increases.
Councilmember Moore stated Council made the policy and staff had to design something that would fit the policy.
He questioned whether there should be a cap on all open space districts, except Zone D, for the next two years.
He felt that should be explored in the report back to Council. The districts were in place to enhance the individual
properties, but the City could not allow the costs to automatically move up.
RESOLUTION 17532, REVISED TO DELETE ZONE D, OI~'I~ERED BY COUNCILMEMBER MOORE,
reading of the text was waived.
AMENDMENT: (Nader) to direct that all assessment increases be capped at a 10% annual increase and staff
bring back a budget that would achieve that (Zone D not included in the motion).
Mr. Booguard recommended Council receive staff input regarding the amendment. If action was taken, he proposed
that it be done by minute action rather than inclusion in the resolution. He felt the motion could have an impact
on the City's ability to finance some of the open space districts.
Councilmember Moore questioned whether any contracts had been let out.
Minutes
June 14, 1994
Page 14
Mr. Chew responded that the contracts would be before Council at their 6/21/94 meeting. All contracts were for
a period of one year with three additional one year renewals.
SECOND TO AMENDMENT: (Moore)
Mayor Nader stated he had reached the 10% arbitrarily and he was not tied to that number. It was an issue that
could be revisited prior to the letting of contracts in any given year. One of the protests had been from a senior
citizen who simply could not afford the increase in Zone A.
Mr. Boogaard urged Council to direct staff to bring back a report that would study the impact of the proposal so
Council would know what the consequences were in terms the City's ability to finance open space districts. If the
City had to stop irrigating it could result in landscape damage they were currently unaware of and he wanted
Council to be more fully advised in those regards.
Councilmember Fox stated he agreed with the concerns expressed by the City Attorney and questioned whether
Council would be advised at the time the contracts were brought to Council.
Mayor Neder stated under the motion, the existing assessment would be the base level under which the irrigation
had been performed and the landscape had not withered or died. Staff should fmd a way to bring the costs down.
AMENDMENT: (Rindone/Nader) cap of no more than 10% of the prior year assessment unless the
assessment of the prior year was abated by 50% or more of the reserves, staff to analyze prior to next weeks
meeting and report the impacts. Maker of original amendment and Second agreed to incorporate into original
amendment.
Councilmember Rindone stated if the formula proposed was unrealistic he wanted staff to give Council other
recommendations or a phase in recommendation to accomplish it.
VOTE ON AMENDMENTS: approved 4-0-1 with Horton absent.
Mr. Boogaard questioned whether Council wanted the CAP to apply to the current year.
Mayor Nader responded that was correct.
MSC (Nader/Fox) to continue the item for one week to allow staff time to recaiculate the assessment in
accordance with the motion passed. Approved 4-0-1 with Horton absent.
ORAL COMMUNICATIONS
® Carolyn F.J. Butler, 97 Bishop Street, Chula Vista, CA, informed Council she had recently been restricted
by an airline from traveling due to her handicaps. She requested that the transportation committee/commission be
reinstated.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
22. RESOLUTION 17533 ADOPTlING THE AMERICANS WITH DISABILITIES ACT (ADA)
COMPLIANCE PROGRAM AND GRIEVANCE PROCEDURE - This item has been previously presented at
a Council Workshop on 1/28/94. At that time, Council directed staff to solicit additional public comments on the
City's ADA compliance efforts and incorporate such comments into the compliance program. Staff has held two
Minutes
June 14, 1994
Page 15
additional public meetings for this purpose, and is now presenting the plan to Council. Staff recommends approval
of the resolution. (Director of Building & Homing, Director of Public Works, Director of Persennel, and Director
of Parks & Recreation)
Ken Larsen, Director of Building & Housing, gave a brief outline of the staff recommendations. The report was
comprehensive and viewed as a model report throughout the State.
® Saul Goldstein, 976 Barrett Avenue, Chula Vista, CA, stated his son was disabled and complimented the
Council and staff for the sidewalk ramps in the City. He felt something more needed to be done
in policing the handicapped parking within the City and especially the shopping centers.
® Billy Cox, 276 Fourth Avenue, Chula Vista, CA, stated as a disabled City employee he had never had his
disability hold him back from achieving anything that he wanted to do in the Police Department.
Many other cities had not done anything regarding compliance waiting for federal intervention.
He commended the Council and staff for what had been done regarding ADA compliance.
· Carolyn F.J. Butler, 97 Bishop Street, Chula Vista, CA, stated she was trying to improve the services
within the City. She had been told by the Human Relations Commission that they did not want
to deal with transportation issues.
Councilmember Rindone referred to page 22-6 which statal ".. the financial burden for ADA compliance had been
placed solely on each municipality" and questioned if that was legal.
Mr. Larsen responded that it did fall upon the auspices of each municipality and there was no federal or state
funding to augment the cities encumbrance of funds.
Councilmember Rindone requested an informational memo regarding the suit filed by the City of Philadelphia and
any other suits staff may be aware of. The issue was the funding capability of the municipal governments.
Councilmember Moore stated the only problem he had was the role regarding the changing the driveways/sidewalks
regarding the slope. The cost it would take to build a sidewalk around a driveway would take away funds from
other aspects of the ADA program. He felt the federal government went too far in that area when the money could
be used to install more sidewalks which would better benefit those in wheelchairs. He felt the League should
request that the federal government revisit that requirement of ADA.
RESOLUTION 17533 OFI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Mayor Nader stated the resolution referred to the Human Resources Commission and should state Human Relations
Comnnssion. He would incorporate that change into the resolution. He agreed with the Grievance Procedure
outlined, but felt it would be desirable if a copy of the grievance and resolution of the grievance would be provided
as an informational item to the Human Relations Commission so they could advise Council in the use of the
procedure.
AMENDMENT: (Nader/Agreed to by the Maker of the Motion) the Human Rdations Commission would be
advised of grievances and resolutions.
VOTE ON RESOLUTION, AS AMENDED: approved 4-0-1 with Horton absent.
MS (MoorefNader) direct staff to initiate correspondence for the district league and California League of
Cities to join the City in correspondin~ to the federal legislators to review and reconsider the one area of the
act that demanded that cities not have a sidewalk/driveway of more than 2%.
AMENDMENT TO MOTION: (Nader/Moore) allowing municipalities the option of taking some of the
resources that might be put into complying with the law as it currenfiy was and using that instead for
sidewalks that could achieve greater benefit to the disabled, as it applied to the 2% slope.
VOTE ON MOTION, AS AMENDED: approved 4-0-1 with Horton absent.
I[
Minutes
June 14, 1994
Page 16
23. REPORT STATUS OF MID-BAYFRONT NEGOTIATIONS - On 4/5/94, the
status of negotiations with Mid-Bayfront developer, William Barkett, was discussed and staff was directed to report
back in sixty days as to whether substantial progress had been made towards completion of a Development
Agreement (DA). Staff has made substantial progress including the development of a Pre-Construction Phasing Plan
and draft DA, including resolution of all but several negotiating issues which are outlined in the report. Staff
recommends Council accept the report and direct staff to continue to negotiate, refine and complete the Development
Agreement and related documents. (Director of Community Development) Continued to the 6/21/94 meeting.
24. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report
will be given by staff.
George Krempl, Deputy City Manager, stated staff intended to submit written correspondence to the County Board
of Supervisors expressing concern about potential action over setting the tip fee of $55.00. In so doing they may
want to reinstitute some of the cuts that were made in order to keep the fee at $55.1)0 and as an alternative one of
the options they were looking at was to not proceed with the liner at the Otay Landfill. If they did not proceed with
the liner the repercussions were that there would be a cap on the amount of waste that could go into the Otay
Land fill and anything above that cap would have to be diverted to Sycamore. The JPA had indicated that cities not
in the new waste plan could be frozen out, i.e. they would scale back the system and the cities in the system would
get priority over the trash capacity. Staff was concerned that if the Board decided to put back some of the cuts that
had been made, keep the tip fee at $55.00, and eliminate the liner that it could mean the Chula Vista trash, or a
portion thereof, would have to be diverted to Sycamore. The alternative to that action would be to raise the tip fee
to $59.00 and leave the cuts as originally set, or come up with additional cuts.
Mr. Boogaard questioned if the transfer cost to the Sycamore landfill would be borne by the system or if the
Commission was proposing to charge the trash generators whose trash was being transported.
Mr. Krempl stated he assumed the later, but it had not been yet determined.
Mayor Nader stated Council had clarified that in reviewing the consultant agreement they were not precluding
participation from Urban Ore, or anyone else with expertise in developing a multi-purpose recycling facility as part
of the City's ultimate design for handling solid waste. The letter sent from staff to Urban Ore to reflect Council's
action was misconstrued and he felt it was important that in communications with Urban Ore, another tirm, or the
public that Council's actions be clearly communicated. He requested clarification on staffs intent.
Mr. Krempl stated staft's intent was to negotiate with Sexton and bring back a contract as directed by Council for
designing of the contract and the ultimate product so it would accommodate all options, including a serial murf.
Mr. Boogaard stated he had met with Gretchen Brewer and BVA and there was some ambiguity as to what Council
wanted staff to do at the present stage. BVA felt confident, in the initial stages of site selection and permitting, they
had the expertise without outside consultation with Urban Ore to size and permit at least the serial murf, murf, and
transfer station. If Council was directing staff m subconsult or consult directly on that sizing decision with someone
other than BVA it would be helpful for the negotiators to know that at the present time.
Mayor Nader stated Council did not direct staff to negotiate with someone other than BVA, but did direct that BVA
consult with other parties that were willing to offer their expertise. He hoped that the contract with BVA was
structured so that if BVA felt they could do it alone they had better be right and would be held accountable for being
fight in making that judgement.
Mr. Booguard stated BVA felt they were qualified to do it alone.
25. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report
will be given by staff.
Minutes
June 14, 1994
Page 17
John Lippitt, Director of Public Works, stated he recommended that the item be discussed in Closed Session because
of the nature of the litigious issues that could be discussed and the recommendation of Special Counsel.
MSC (Nader/Fox) because it was after 10:30 p.m. Council would hear items 12, 24, 25, and the urgency item
and continue items 8, 9, 16, & 17 to the 6/21/94 meeting. Approved 4-0-1 with Horton absent.
Mr. Boogaard requested that the Hummell case under Closed Session be continued one week.
MSC (Nader/Fox) to hear Aptec and Instruction to Negotiators in Closed Session and continue Hummell for
one week. Approved 4-0-1 with Horton absent.
Council met in Closed Session at 10:32 p.m. and reconvened at 11:18 p.m.
MSC (Nader/Rindone) to withdraw from the Special Act District, also known as the San Diego Area
Wastewater Management District, not accept the MOU tendered by the City of San Diego, and notify the City
of San Diego and each member of the District of the City's withdrawal. Approved 4-0-1 with Horton absent.
Mayor Nader stated that apart from the legal opinions rendered to Council in Closed Session, prior discussions by
Council and included in his State of the City speech included why it appeared to be the best action for the Chula
Vista rate payers.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 8, 9, 12, 16, & 17. The minutes will reflect the published agenda order.
OTHER BUSINESS
26. CITY MANAGER'S REPORT(S)
a. Report on negotiating process for 1994/95. Candy Boshell, Director of Personnel, gave a brief overview
of the collective bargaining process.
Mayor Nader questioned when the existing MOU with each bargaining group expired and at what point Council
would have the proposed ground roles before them for approval.
Ms. Boshell responded that it was 7/7/94. The rules were not generally submitted to Council for approval, but
worked out at the bargaining table.
Mayor Nader questioned what authority set the ground rules which stated positions could not be conveyed directly
to Council without going directly through negotiating mediators. He questioned if Council had authorized someone
to approve that on their behalf.
Sid Morris, Assistant City Manager, stated Council provided staff with direction regarding general guidelines as
it related to specific benefits and/or wage increases. The particulars related to negotiations were typically left up
to staff, especially the ground rules. Reasons for not providing an avenue for direct contact between Council and
the negotiating team were: 1) confidentiality of the discussions; and 2) to allow for positive negotiations at the table.
It prevented Council from constantly being bombarded or approached by the various units as to what happening at
the bargaining table. Staff followed very specifically what the Council guidelines were as it related to benefits and
wage increases. It allowed for stronger negotiations at the table by the Council's negotiators.
Mayor Nader stated he was troubled with the explanation as he had been previously told that the ground rules were
approved by Council. He did not feel Council could be bound by rules that Council did not authorize. He
questioned if Council had authorized the negotiators to approve the rules on the Council's behalf.
Minutes
Jane 14, 1994
Page 18
Mr. Morris responded that in the past the Council bed never been party to or given direct input on the ground rules
related to negotiations.
Mr. Boogaard responded that technically the rules were more binding on the bargaining units than they were on
Coancil. The bargaining units contracted to prevent themselves from going directly to Council.
Mayor Nader questioned if there was anything that required a bargaining unit to accept a particular ground rule.
It was a matter of negotiating between the bargaining unit and the negotiating team.
Mr. Boogaard stated the Mayor was correct.
27. MAYOR'S REPORT(S)
a. Fee charged for Council minutes. Continued to the 6/21/94 meeting.
28. COUNCIL COMMENTS
Councilman Fox
28a. A November Special Election/Advisory Vote Proposal for vacancy on Council Seat Number 3. Continued
to the 6/21194 meeting.
Councilmember Rindone
28b. Councilmember Rindone stated he was uncertain as to what staff member authorized the lawyer and
consultants to attend the meeting and Closed Session, but it disturbed him due to the cost to the City. He felt the
money could be better utilized for some youth group or activity. When a consultant or attorney was needed it
should be set for a time specific.
Mayor Nader recommended that when staff was preparing the agenda they consult with Council and specify a time
certain on the agenda.
CLOSED SESSION
Council met in Closed Session at 11:50 p.m. and reconvened the Council meeting at 12:10 a.m.
29. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Govermnent Code Section 54956.9
· Hummell vs. the City of Chula Vista.
· City of Chula Vista vs. County of San Diego and Aptec.
30. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
® Agency negotiator: John Goss or designee for 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).
Uttrepresented employee: Executive Management, Mid-Management, and Unr~presented.
Minutes
June 14, 1994
Page 19
31. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No formal actions taken in Closexl Session.
ADJOURNMENT
ADJOURNMENT AT 12:11 A.M. to the Special Meeting/Worksession on Monday, June 20, 1994 at 5:00 p.m.
in the City Council Chambers and thence to the Regular City Council Meeting on June 21, 1994 at 6:00 p.m. in
the City Council Chambers.
Respectfully submitted,
~t~VE\~( A. AUTHI~LET, CMC, City Clerk
Vicki C. Sode~'qffist, Deputy 'i~Clerk