HomeMy WebLinkAboutcc min 1994/06/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 21, 1994 Cotmoil Chamb~m
6:07 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Moore, Rindone, and Mayor Pro Tem Horton
ABSENT: Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beve~y
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: June 7, 1994.
MSC (Rindone/Fox) to approve the minutes of June 7, 1994 as presented. Approved 4-0-1 with Nader absent.
4. SPECIAL ORDERS OF THE DAY:
4a. Proclamation - Proclaiming Tuesday, June 28, 1994, as Lions Club Sightfirst Day. The proclamations
were presented by Councilmember Moore to: Barbara Wilson, President of the EastLake Lions Club; Lowell
Batterton, accepting for Chula Vista Host Lions; Fritz Turner, Vice President, Southwest Lions; AI Hooper,
President, Bonita Valley Lions; Skip Knudsen, Bonita A.M. Past President; and, Dee Okerwall, Treasurer of the
Montgomery Lions Club.
CONSENT CALENDAR
(Items pulled: none)
CONSENT CALENDAR OFI~'ERED BY COUNCILMEMBER MOORE, reading of the text was waived,
passed and approved 4-0-1 with Nader absent.
5. WRITTEN COMMUNICATIONS: None submitted.
6. ORDINANCE 2594 AMENDING TITLE 15 OF THE MUNICIPAL CODE BY AUTHORIZING
THE CITY MANAGER TO REFUND UNEARNED PERMIT FEES IN SPECIFIED SITUATIONS (second
readira! and adoorion) - 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 second reading and adoption. (Director of Public
Works)
7.A. RESOLUTION 17535 ACCEPTING $50,000 IN GRANT FUNDS PROM THE CALIFORNIA
ENERGY COMMISSION (CEC), EXECUTING CEC CONTRACT FOR $50,000 IN GRANT FUNDING,
AUTHORIZING THE CITY MANAGER TO EXECUTE CEC CONTRACT FOR $50,000 IN GRANT
FUNDING AND APPROPRIATING FUNDS THEREFOR - In November of 1993, Council approved acceptance
of grant funding from State Petroleum Violation Escrow accounts, which was specifically legislated for the sole
purpose of sponsoring an experimental aluminum air battery (fuel cell) research/development project. Staff has been
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June 21, 1994
Page 2
working with scientists from Science Applications International Col'potation (SAIC), the proponents of the research
project. The City may benefit in the future if/when the product is successful and commercialized. In addition to
funding the aluminum air battery, additional funding has been secured for staff cost reimbursement and Greenfleets
project team development, of which Council approvo:l participation in February 1994. Staff recommends approval
of the resolutions. (Administration) 4/Sth's vote required.
B. RESOLUTION 17536 AUTHORIZI2qG THE CITY MANAGER TO EXECUTE A CONTRACT
FOR $42,953 WITH SClENCE APPLICATIONS INTERNATIONAL CORPORATION (SAIC) TO
DEVELOP AN ADVANCED ALUMINUM AIR BATTERY FOR ELECTRIC VEHICLES PURSUANT TO
THE CEC GRANT
C. RESOLUTION 17537 AMENDING THE FISCAL YEAR 1993/94 BUDGET FOR A .16 PART-
TIME TEMPORARY INTERN IIPURSUANT TO THE CEC GRANT
8. RESOLUTION 17521 APPROVING THE FIRST AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITIES OF LA MESA, CHULA VISTA, POWAY,
NATIONAL CITY AND IMPERIAL BEACH FOR PURPOSES OF A COORDINATED APPROACH TO
REGULATING CABLE TELEVISION RATES AND APPROPRIATING FUNDS THEREFORE - 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.
Continued from the meeting of 6/14/94.
Councilmember Rindone questioned how many meetings the $1,500 represented and if the consultant was on call
and only if requested.
Jim Thomson, Deputy City Manager, responded they would be on call only. The consultant was located in Portland
and if the need was there, there was a significant cost for airfare. Therefore, the amount would vary, but he felt
it would be two or three trips.
Councilmember Rindone requested that consultant services not be initiated ahead of time unless requested by
Council.
9. RESOLUTION 17522 ACCEPTING 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) Continued from
the meeting of 6/14194.
10. RESOLUTION 17538 APPROVING CITY ACCEPTANCE OF $50,000 OF FEDERAL
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) "PASS THROUGH"
MONEYS FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
CHULA VISTA TELECENTER AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH
CALTRANS, ESTABLISHING THE TERMS OF SUCH AGREEMENT IN A FORM ACCEPTABLE TO
AND APPROVED BY THE CITY ATTORNEY AND THE CITY MANAGER, AND AUTHORIZING THE
FINANCE DIRECTOR TO APPROPRIATE $50,000 TO THE APPROPRIATE ACCOUNTS AS NEEDED -
The State of California Department of Transportation has agreed to provide funds not to exceed, for Fiscal Year
1993/94, $50,000 for the purpose of marketing, business plan development and other activities directed toward the
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June 21, 1994
Page 3
development of the Chula Vista Telecenter. Staff recommends approval of the resolution. (Administration) 4/Sth~s
vote required.
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated items #10 and #16 dealt with transportation
issues. She requested $1.130 to reinstate a transportation commission/committee.
11. RESOLUTION 17539 AMENDING FISCAL YEAR 1993/94 BUDGET PROVIDING FOR A
LIABILITY TRUST FUND APPROPRIATION TO THE GENERAL LIABILITY INSURANCE ACCOUNT -
The resolution provides for an appropriation of $100,000 and authorizes the Mayor to execute documents approved
by the City Attorney for settlement purposes. Staff recommends approval of the resolution. (Director of Personnel)
4/5th's vote required.
12. RESOLUTION 17540 WAIVING THE BID PROCESS AND APPROVING THE PURCHASE OF
COMPUTER EQUIPMENT AND SOFTWARE FOR THE HEWLETT PACKARD AND INLEX LIBRARY
AUTOMATION SYSTEM IN ORDER TO PROVIDE SERVICE TO THE SOUTH CHULA VISTA
LIBRARY - The library currently uses the Inlex/DRA library automation system to provide computerized services
including circulation, on-line public access catalog, cataloging and other functions. In order to provide service to
the South Chula Vista Library the system needs to be upgraded to a HP3000 Model 968 with 192 Mb memory, 5.7
Gb disk and accompanying software. The upgrade cost is $142,268. Funds for the upgrade were appropriated in
the Fiscal Year 1993/94 Capital Improvement Project for the South Chula Vista Project. Staff recommends approval
of the resolution. (Library Director)
13. RESOLUTION 17541 WAIVING THE CONSULTANT SELECTION PROCESS AND
AUTHORIZING STAFF TO SELECT A CONSULTANT TO PREPARE ENVIRONMENTAL DOCUMENTS
FOR THE PROPOSED MCA AMPHITHEATER IN OTAY VALLEY WITHOUT COMPETITIVE BIDDING
- A proposal has been received to develop an outdoor amphitheater in the Otay Rio Business Park, Otay River
Valley. Staff determined an Environmental Impact Report (EIR) would need to be prepared. Cost for preparation
of the EIR will be the responsibility of the applicant. The applicant has requested, in the interest of reducing
processing time, that the consultant selection process be waived. Staff recommends approval of the resolution.
(Director of Community Development)
Councilmember Rindone questioned if the applicant would pay the costs for both the corporation yard and
amphitheater.
Joe Monaco, Environmental Projects Manager, responded they would.
Mayor Pro Tern Horton questioned how often the City went through the selection process for consultants and how
many were currently on the list.
Mr. Monaco responded that the list was reviewed annually and there were thirty-two currently on the list.
Councilmember Fox questioned if there was other interest in the property and if so, if it would negatively impact
the other interests.
Chris Salomone, Director of Community Development, responded that MCA was the sole competitor. There was
competition that had been resolved because the other serious applicant joined with MCA in the venture.
14. RESOLUTION 17542 ACCEPTING A GIFT OF $17,195 FROM THE FRIENDS OF THE
LIBRARY, APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER NUMBER SIX WITH
DOUGLAS E. BARNHART, INC., TO ADD AN EXTERIOR FOUNTAIN AND APPROPRIATING FUNDS
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Jane 21, 1994
Page 4
THEREFOR -Change Order Number 6 consists of the addition of an exterior entrance courtyard fountain. The
foantain was deleted in Change Order Number 1 in order to keep within the project's original cost estimate. The
Friends of the Chula Vista Public Library have voted to pay for the cost of the fountain as their gift to the new
library. Change Order Number 6 totals $17,195. Staff recommends approval of the resolution. (Library Director
and Director of Public Works) 4/5th's vote required.
15. RESOLUTION 17543 APPROVING PROGRAM SUPPLEMENT NUMBER 007 TO LOCAL
AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NUMBER 11-5203 FOR THE
CONSTRUCTION OF PEDESTRIAN/BICYCLE TRAIL ALONG SWEETWATER ROAD AND WILLOW
STREET AND AUTHORIZING THE CITY ENGINEER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY - On 12/19/78, Council approved a Master Agreement with the State of Califomia, Department
of Transportation (Caltrans) under the title "Local Agency-State agreement for Federal-Aid Projects." The Master
Agreement sets forth the conditions for maintenance of Federal Aid improvements, right of way, fiscal provisions
and miscellaneous provisions. Paragraph 2 of Article II of the Master Agreement require that a supplement
agreement be executed when and as appropriate, covering individual projects. Staff recommends approval of the
resolution. (Director of Public Works) 4/Sth's vote required.
Mayor Pro Tem Herten questioned if the program included the major infrastructure changes that needed to be made
on Willow Road due to safety problems in that area.
Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that it would, it would put a
pedestrian bridge over the river through the western edge of the golf course so that all of the pedestrian and bicycle
traffic would be taken off of the Willow Street bridge. He estimated the completion date in November. Staff would
provide an information memo to Council with the time line.
16. RESOLUTION 17544 APPROVING THE SUBMITTAL OF ONE APPLICATION FOR SIXTH
CYCLE FUNDS OF THE STATE/LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) -
Senate Bill 300 created the SLTPP to identify and construct locally supported projects with a minimum of State
planning and review. Staff has prepared one application for sixth cycle funding under the program. In order that
the application for SLTPP funding may be considered, a resolution approving the submittal of the application to the
Caltrans Local Streets and Roads is required. The City's application covers a Capital Improvement project along
Otay Lakes Road from approximately 400 feet north of East "H" Street to 200 feet south of East "H" Street. The
project involves the widening of Otay Lakes Road to accommodate dual left turn lanes in both directions. Staff
recommends approval of the resolution. (Director of Public Works)
17.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 II, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - On 11/24/92,
Connell 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) Continued from the meeting of 6/7/94.
B. RESOLUTION 17514 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 92-04, CHAMPIONSHIP CLASSICS II
18. REPORT INDUSTRIAL ZONING POLICY - Council has previously directed staff ~
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 requesW. d staff prepare a draft Council policy to address concerns
regarding the possible economic and fiscal impacts of such land use changes. Staff recommends Coancil accept the
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June 21, 1994
Page 5
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) Continued from
the meeting of 6/14/94.
Mayor Pro Tem Horton questioned if the boundaries included the Otay Ranch area that could be annexed into the
City.
Robert Leiter, Director of Planning, responded that was correct.
19. 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
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 direc~y applicable to Chula Vista and the other participating jurisdictions. (Director of Planning)
Continued from the meeting of 6/14/94.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING REGARDING EXISTING AND PROPOSED RATES AND CHANGES FOR
COX CABLE'S BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT On 5/3/94, Council opened the
public hearing on Cox Cable's rates for the Basic Service Tier and associated equipment and continued the public
hearing to 6/21/94. The report of the City's consultant indicates that Cox Cable's rates during the period of 9/1/93
through 5/15/94 were higher than the maximum rates permitted under Federal Communications Commission
regulations. Staff reconunends approval of the resolution. (Administration)
RESOLUTION 17545 PURSUANT TO SECTIONS 76.933 (C), 76.936, 76.940, 76.941 AND 76.942
OF THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION
DISAPPROVING THE EXISTING RATES AND CHARGES FOR THE BASIC SERVICE TIER AND
ASSOCIATED EQUIPMENT FOR COX CABLE SAN DIEGO, INC., PRESCRIBING RATES AND
CHARGES FOR THE BASIC SERVICE TIER AND ORDERING A REFUND TO SUBSCRIBERS
Jim Thomson, Deputy City Manager, stated due to due process concerns the consultant had recommended that the
representatives of Cox Cable be allowed to speak last and be given longer than the five minute maximum. The
intent was to have the actual resolution become effective July 251h. That would be the start of the clock, under FCC
regulations the operator had thirty days from that point to file an appeal to the FCC. That would allow extra time
for the FCC to make determinations regarding three issues that were currently in dispute. Staff felt the consultant
had made an appropriate recommendation and that the FCC would not change it. Therefore, staff felt it was a
reasonable compromise.
Councilmember Fox stated his concern was that the FCC had not cooperated in answering some of the City's
questions in a timely manner. He questioned what made staff feel that the FCC would respond by July 251h and
if it would be possible that the City would be faced with a non-response to the FCC and have to extend the deadline
further which would encroach upon the one year period.
Mr. Thomson responded that he had no assurance that the FCC would clarify those issues by that date. Staff was
willing to recommend that resolution become effective immediately, but the ultimate recommendation was a
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June 21, 1994
Page 6
compromise worked out to avoid lengthy discussion at the meeting. In the opinion of both staff and the consultant
it was not necessary for the FCC to clarify all of the issues. Staff felt the consultant was well qualified and familiar
with the FCC regulations and it was his best opinion that the recommendations before Council were reasonable.
Cox Cable would have two alternatives: 1) go ahead and abide by the resolution and provide a refund plan to the
City Manager for his approval and subsequently implement the refund plan; or 2) to appeal the decision of the City
Council to the FCC. In either case the FCC would be the one to make the clarifications, therefore, he did not feel
there would be any disadvantage.
This being the time and place as advertised, the public hearing was declared open.
· Sandra Murphy, 5159 Federal Boulevard, San Diego, CA, representing Cox Cable, stated Cox disputed
the consultant findings. They had sent letters to the FCC requesting clarification of issues and expected response
from them within the next thirty days. If the FCC ruled in their favor on the two major issues in dispute there
would be little, if any, refund. In the meantime they supported the staff recommendation, i.e. the resolution.
Councilmember Fox questioned what their position was if by July 261h the FCC had not responded to their appeal.
Ms. Murphy responded that she could not specifically respond to the question, but they could provide the refunds
at that time or appeal to the FCC. The City of San Diego and the City of La Mesa also sent requests for
clarification. They wanted to deal with the issue on a local level as they felt Cox and the cities knew the issue best
and did not want to pursue it on a formal level due to the expense involved in dealing with the FCC. Council had
until September 1st to order a refund, retroactive including interest. Therefore, there was no risk to the City or
customers on moving forward with the resolution.
Councilmember Fox stated he was disturbed by some of the things in the report. The rates that resulted in a
reduction in charges to Cox Cable, Cox Cable disputed. In those areas that resulted in an increase to Cox Cable,
they agreed to. One of the key arguments for Cox Cable was that they had been undercharging when renting out
equipment so they wanted to retroactively increase those rates charged for equipment and they would call it a
"wash'. He totally rejected that argument and felt Cox Cable was looking for ways to "stick it to" the ratepayers
in Chula Vista. There was a pattern where Cox Cable was asking cities for a continuance because the cities were
approaching the one year rule.
Ms. Murphy stated Cox Cable had no intention of retroactively increasing equipment rates. The FCC rules allowed
an off-set and that was one of the issues they were trying to get clarified. It was their interpretation that Cox Cable
was able to off-set, but the consultant interpreted it differently. If the FCC provided a ruling in the City's favor,
Cox Cable would provide the refunds as required to do and would include interest retreactively.
Councilmember Rindone stated he had heard a different response from Ms. Murphy than in the report and
questioned if Cox Cable would refund if the FCC ruled in favor of the position expressed by the consultant.
Ms. Murphy responded that once the FCC clarified the issue it would be done, the issue would be settled. They
would either rule in favor of the cities or Cox Cable.
Councilmember Rindone questioned the basis for the 44C reduction in July.
Ms. Murphy responded that it was Rate Regulation 2 which had been passed in March. That was a new formula,
new forms, etc. It was a separate issue.
Martin Aultbaum, 581 "C' Street, Chula Vista, CA, representing Chula Vista Cable, stated approximately 10,000
people living in apartments and condominiums were receiving lower rates than the rest of the residents in Chula
Vista. By federal law they should be paying the rate everyone else was paying. If the $5.00 they were being
subsidized was spread out over the other 2/3rd's of the subscribers it would result in about $1.50-$1.70 reduction
a month for everyone in Chula Vista. He felt the consultant should check into the $5.00 subsidy.
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June 21, 1994
Page 7
Councilmember Rindone questioned if the consultant was aware of the situation described by Mr. Aultbaum.
Mr. Thomson sated that issue under the FCC regulations was not as clear as other issues. One aspect was clear,
i.e. that by 4/1/93 any contract entered into for multi-family residences prior to that period would be grandparented
which would allow them to be non-uniform. Any new contract entered into after that date would require that there
be uniform rates throughout a franchise area. There was a provision that there could be different rates for different
types of residences, i.e. an apartment house versus asingle family residence. It was then incumbent upon the cable
operator to justify why those rates were different. He had requested clarification from the FCC regarding different
types of contracts and clarification from Cox Cable regarding their current practice. Staff was looking into it.
Councilmember Fox stated Council had been told that Cox Cable had been charging customers when downgrading
their services. He questioned whether Mr. Aultbaum felt that to be a reasonable charge.
Mr. Aulthaum responded that it was onerous.
Mr. Thomson stated staff felt it was within the ability of the City to regulate that charge, but in regulating that the
City would have to follow the framework set up by the FCC and not look at what the profit was or the rate or
return. After review staff felt the charge by Cox Cable was reasonable under the FCC regulations.
Cotmcilmember Fox requested that review of charges by Cox Cable for additional outlets, i.e. Chula Vista's
authority to regulate and what the charges were and non-standardized rates for subscribers be placed under his
comments at the 7/12/94 meeting.
· Carolyn F. G. Butler, 97 Bishop Street, Chula Vista, CA, stated she had six pay channels and had been
told the rates were not going up and requested clarification.
There being no further public testimony, the public hearing was declared closed.
Mr. Thomson stated the additional outlet issue was considered equipment or service related and was regulated by
the City. It was not dealt with by the consultant contract as they focused on the major issues. Staff could look at
that further. The multi-family issue appeared to be within the scope of the City's regulations as it applied to the
basic service rate. To the extent that they had different rates for the CPS tier or the pay-for-view or premium
channels was not within the City's scope.
Councilmember Moore questioned if the associated equipment included the decoder boxes, remote controls, etc.
Mr. Thomson responded that the remote control, basic converter box, and addressable converter box was included.
The part not evaluated in detail was the one time charge in terms of how much time it took their service personnel
to go to a home on an average call to change an outlet.
RESOLUTION 17545 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-1 with Nader absent.
ORAL COMMUNICATIONS
· Dr. Robert Penner, 681 Third Avenue, Chula Vista, CA, Chula Vista Port Commissioner, stated the Port
took action on the district financial assistance requests. The City of Chula Vista received $100,000 of funding for
various activities.
n Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, updated
Council on the upcoming Chamber activities.
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June 21, 1994
Page 8
· Christine Friese, 289 Third Avenue, Chula Vista, CA, owner of Champagne Florist, expressed her
concerns with the Farmers Market on Third Avenue. She had been told that it would not be a competitive situation
for the stores, i.e. not the same merchandise or pricing. Her busthess was suffering due to the sale of the same
product. After expressthg her concerns to the DBA she had been told to get out there and compete. She was
already renting her shop and paying license fees and did not feel she should have to wholesale her product and pay
additional fees to stay alive.
Councilmember Moore felt her first potht of contact should be the DBA as she was a dues paythg member. If one
florist was in trouble there could be others also having problems. The purpose of promotions in the area was to
bring people to the downtown area and the idea had been the DBA's, not the City's.
Mayor Pro Tem Horton stated it was an isolated case as she was the only flower shop in the area where the Farmers
Market was located and the flower vendors were right in front of her shop and there was no way she could compete.
She felt that Johnson's Flower Shop may also have the same situation. She requested that the item be referred to
the DBA for consideration and possible waiver of fees.
· Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA, representing INDWELLER and Mother Aland,
submitted two letters invoicing the City for consulting services.
Mr. Boogaard thformed Council the City had no liability as the letter itself identified that the service was
gratuitously performed. He recommended the City receive and file the request.
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated she presented a packet of information
regardthg problems she had been having with transportation to Councilmember Rthdone and requested that it be
given to the Mayor. She wanted the reinstatement of the transportation committee/commission. It was not a new
item and she wanted Council to make a decision.
Councilmember Rindone stated he had been given information by Ms. Butler and he would provide that information
to the Mayor for his review.
· Homer Escherich, 1925 Otay Lakes Road #187, Chula Vista, CA, representing Own-A-Phone Inc.,
introduced the president of the company, Janie Myers.
Ms. Myers wanted Council assistance in expediting their recommendation of placing kiosks with pay telephones next
to all transportation benches to serve the public. The kiosk would also hold interior and exterior advertising.
Councilmember Rindone felt that was visual blight and could not support exterior advertising. He questioned their
procedure for graffiti abatement.
Ms. Myers responded that graffiti was a problem, but they cleaned graffiti on a regular basis.
Councilmember Rindone stated they would provide a service to the commtmity and he would support that. He felt
it should be referred to staff to examine the proposal. Staff should address the grsffiti abatement and visual blight
due to exterior advertisthg.
Councilmember Moore felt the request should be directed to Deputy City Manager Thomson. Agreed to by
Councilmember Rthdone.
lVlS (Moorealorton) to add Resolution 17550 to the agenda for consideration.
Mr. Boogeard thformed Council it would take a 4/5th's vote to place Resolution 17550 on the agenda for
consideration due to the absence of emergency threat to health and safety. It was a need to take action before the
next City Council meetthg.
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June 21, 1994
Page 9
VOTE ON MOTION: approved 4-0-1 with Nader absent.
RESOLUTION 17550 FINDING COMPENSATION OF UNREPRESENTED CITY EMPLOYEES
UNFIXED AND UNCERTAIN
Mr. Booguard stated there was a contention that State law did not allow a city to pay retroactively for services
already performed. If the City proposed to grant a pay increase to unrepresented employees in two or three months,
effective July 1st, without the resolution Council would not have the power to make the compensation package
retroactive. Therefore, it gave Council the option to make the compensation retreattire to July 1st. All
represented, executive and mid-management, and hourly employees were included. He had added, as a matter of
precaution, that compensation for even the represented people were un~xed and uncertain.
RESOLUTION 17550 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-1 with Nader absent.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
21. RESOLUTION 17529 APPROVING ADOPTION OF THE FINAL BUDGET FOR THE FISCAL
YEAR BEGINNING JULY 1, 1994 AND JUNE 30, 1995 - Council has held work sessions to consider and
discuss the proposed Fiscal Year 1994/95 budget. The public heating is designed to receive additional citizen input
and to adopt the proposed Fiscal Year 1994/95 budget. Staff recommends approval of the resolution.
(Administration) Continued from the meeting of 6/14/94.
Mr. Goss reviewed the changes made to the budget by Council during the four workshops.
Councilmember Rindone referred to the restricted funds and questioned if the proposed loans referenced in the
Redevelopment Agency budget were legal.
Mr. Goss stated it was not a proposal for loans, but a proposal to revise the investment policy for the all-fund pool.
That money was invested in various investments and what was being proposed was that the policy be revised to
enable a part of that to be used for investing in real property by the RDA. He felt it was legal. The pool was an
administrative device which would allow the City to invest all funds as a group rather than investing one hundred
individual funds. Excess funds in the accounts could be invested under the City's current policy. Staff was
recommending a change so the investment could be expanded to include, with a CAP, property owned by the RDA.
Mr. Booguard stated he concurred with the City Manager's conaments. There were two separate issues, i.e. the
risk the Council was wiling to accept for each investment which was the change in the policy issues. The
investment pool was nothing more than an accounting device and each fund would receive a separate share of the
earnings of the investment pool, therefore, it was not losing its individual ownership.
Mr. Goss stated Council had reviewed and approved all budgets and supplements except for Debt Service and
Community Development. The question of additional staffing for Community Development was an outstanding
operation issue. Major issues were the deficit situation for the RDA budget and what the State would do. The City
had been notified by PERS that there could be a savings for next year in the range of $2 million or higher. He
suggested that Council adopt the budget and direct staff to return with precise information regarding the PERS
savings along with a plan on how it could be applied to operations and the budget.
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June 21, 1994
Page 10
Councilmember Rindone referred to Supplemental Budget Memo #46 regarding loans and questioned where that
was reflected in the final budget.
Susan Merrill, Interim Finance Administrator, responded that the loans reflected any addition or deletion in the
General Fund Summary for the fiscal year. Loans were considered not to be expenditures of the General Fund,
but receivables of the General Fund. It was a cash and fund balance adjustment and not an expenditure adjustment.
Councilmember Rindone stated the aggregate total was approximately $15 million and if they were broken down
to the RDA and General Fund that would help Council get a better picture. He did not feel Council could expect
some of the loans to be paid off within the next three years. He questioned if he could be assured that the $3
million loan that was applicable to the General Fund was above and beyond the $6.5 million reserve reflected.
Ms. Merrill responded that was correct.
Councilmember Moore felt the source of interest should be included within the budget for clarification.
Councilmember Fox stated if he voted for the budget it was upon the reliance that the City Manager had told
Council that the deficit would be wiped out.
Councilmember Rindone questioned what the current bond rating was for the City.
Ms. Merrill responded that Standard & Poor's rating was A.
Councilmember Rindone stated the identification that the RDA refunded full cost recovery up to 85 % of staffing
was a major policy issue. It created a very healthy City budget, but negatively impacted the RDA budget. He
questioned how the 85 % figure was reached.
Mr. Goss stated the full cost recovery was a factor in which the City treated all funds in that manner to reflect the
overhead of the charges of the work done by staff not in the Redevelopment Department, but for redevelopment
activities. The $3 million figure included the RDA staff and staff in other departments providing services to the
RDA. The 85 % had been a policy issue that had been based on historical data.
Councilmember Rindone felt the policy issue was that the General Fund received all the benefits of redevelopmerit.
It tended to give a false sense of security when it appeared that the City had $6.5 million General Fund reserves
but had a huge potential debt that was mounting, i.e. RDA, without a plan to deal with the non-productive assets.
He questioned whether that was the picture the City wanted to portray or if there was a greater responsibility of the
General Fund in addressing that issue.
Mr. Goss stated staff had tried to meet the Council guidelines which would maintain the reserves, no lay-offs, and
keep service levels from declining. The City was looking at a reserve of $6.4 million where three years ago it was
$9.4 million. TheCitywasa~s~~~singappr~ximate~y$2.2mi~~i~nayearfr~mthe State tha twentintothe~perating
budget and about the same amount of money to the RDA. He felt Chula Vista was only a couple steps behind other
cities.
Councilmember Moore stated the RDA was designed to be in debt. It was entirely different, it needed to be
managed differently and Council needed to think differently. He did not want the public to think that the City was
in debt, the Agency was in debt as it was designed.
Councilmember Rindone stated the focus was that there was a number of non-productive assets that could be used
in many ways to reduce the debt service and other concerns. He was addressing the two policy issues that related
the two budgets.
® Eduardo Escobedo, 1216 Calle Santiago, Chula Vista, CA, stated the community had expressed concams
regarding the South Chula Vista Library: 1) the branch manager should be bi-lingual and in tune
Minutes
June 21, 1994
Page 11
with the surrounding community; 2) the make-up of the staff should be bi-cultural and bi-lingual;
and 3) recommended the library be named the Ceaser Chavez Memorial Library.
® Yolanda Reyes de Aguayo, 283 Moss, Chula Vista, CA, felt a latino member of the community should be
included in the selection of books for the South Chula Vista Library. Staffing should be bi-
lingual.
· Philip Decker, 209 Montgomery Street, Chula Vista, CA, felt there should be a bi-lingual emphasis at the
South Chula Vista Library. He recommended that personnel be bi-lingual and bi-cultural and that
bi-~ingual and bi..cu~tura~ persens be in~~uded in the decisi~n making and p~anning pr~cess. Those
people would serve as role models for the community.
· Jorge Luis Parra, 838 Wilev Drive, Chula Vista, CA, felt the City should consult with the community in
order to have the library meet the linguistic needs of the community and assist in selection of
materials.
· Silvia Martinez, 322 Ranthe Drive #D3, Chula Vista, CA, referred to the events for adults and children
at the Castle Park Library and requested that those programs continue at the South Chula Vista
Library. They also wanted staffing to be bi-lingual and bi-cultural. They also wanl~ed a Spanish
name and recommended a community contest.
Mayor Pro Tem Herton requested that the concerns expressed regarding the South Chula Vista Library be referred
to the Library Board of Trustees.
Councilmember Moore encouraged the speakers to work with the Library and Friends of the Library.
· Joseph Garcia, 484 Fifth Avenue, Chula Vista, CA, stated the $30 million bond issue for the Bayfront
would result in a $200 million debt that would have to be paid by the community. The $17
million bond issue for PERS should have been paid all along eliminating the need for the bond
issue. That debt would be $102 million. It appeared it was government by bonded indebtedness.
The City was now in the process of borrowing $2.7 million from the sewer funds for the RDA.
The sewer fees were too high to begin with and any time the City accumulated an excess of funds
for a particular need it was no longer a fee but a tax. That tax was not authorized by the citizens
of the community. He had received a notice from Standard & Poor and the City's bond rating
was Triple B and not A.
Mayor Pro Tern Herton requested that a copy of that notice be faxed to her office.
Councilmember Moore felt the information included in Supplemental Budget Memo #46 regarding loans should be
routine information included in budget information.
RESOLUTION 17529 OI~}ERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved 4-0-1 with Nader absent.
MSC (Rindone/Moore) to direct staff to return, prior to 3/1/95, with the two policy issues: 1) the 85/15 issue,
and 2) full cost recovery for Council review. Approved 4-0-1 with Nader absent.
22. RESOLUTION 17546 APPROVING A SHORT TERM AGREEMENT WITH A&S CANTEEN
SERVICES TO PROVIDE CONCESSION SERVICES AT ROHR PARK FROM JULY 1, 1994 THROUGH
OCTOBER 16, 1994 - A&S Canteen Service submitted a proposal for exclusive rights to provide concessionaire
services for ten years at Rohr Park. The Department reviewed the proposal and felt there is insufficient time to
prepare a Request for Proposal to solicit other interested vendors prior to the busy summer period. The Department
has prepared a short term agreement in the interim to assist staff in evaluating the pro's and con's of a
concessionaire on City parks. Staff recommends approval of the resolution. (Director of Parks and Recreation)
Councilmember Moore stated he had a problem in commercializing the City parks. He also felt there was a
problem with staff working on such an item with so many outstanding Council referrals. He would appreciate it
Minutes
June 21, 1994
Page 12
if when staff had a new idea, especially regarding commercializing, they have a Council policy so staff would have
direction. If the City wanted to provide service a non-profit organization might help.
Jess Valenzuda, Director of Parks & Recreation, stated the Department had submitted such an idea to Council
approximately two years ago to generate additional revenue. That idea had not come to fruition until the
Department was approached by Mr. Joseph. Staff felt due to the volume of people attending the park, specifically
during the summer months, it could lend itself in generating funds for the City and the City's programs. The
agreement was for 3 1/2 months and would be used as a pilot program. He envisioned several non-descript
concession vehicles at the park. Currently there were several vendors and ice cream trucks selling a variety of
goods. The agreement would bring some control and generate revenues.
Councilmember Fox questioned how the City would provide that control.
Mr. Valenzuela responded the Police Department and Park Rangers would have the authority to work with the
vendors that did not have a license and remove them from the park.
· Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Victor Joseph and A & S Canteen,
stated there were sales currently at Rohr Park and the City was not receiving revenues from those sales. It would
be a trial period and allow the Council to determine whether it was a service they wanted in the parks. After that
period of time it would have to go out to bid and Mr. Joseph looked forward to the opportunity to do that.
Councilmember Moore stated he should withdraw his statement as he was not aware there were concessions already
in the parks. He felt staff should look at issues such as: glass, reecycled products, traffic obstruction, extra trash
cans, etc.
Councilmember Rindone questioned why the Board & Commission recommendation was not applicable.
Mr. Valenzuela responded that was incorrect and should have stated that staff did not have sufficient opportunity
to have the Commission review the proposal. It would be taken to the Commission in July if directed by Council.
The request came in several weeks ago with a short turn around time to enable Mr. Joseph to start his operation
at the beginning of the summer months, i.e. July 1st.
Mayor Pro Tem Horton questioned if the other vendors would be freed for working without a business license.
Mr. Valenzuela responded that staff was working with the Police Department to make sure citations were issued.
The way the City law was written it allowed the vendors to step, but only momentarily. The vendors were currently
stopping and staying for long periods of time and the Police Department had stated they would cite those vendors.
With the license Mr. Joseph would be allowed to stay for the entire day.
Councilmember Rindone stated he was concerned with granting an exclusive agreement if competing vendors were
not selling the same items and the typical vendor contract was a flat base with a percentage of sales.
Mr. Valenzuela felt the ideal situation would be to have a vendor that sold a whole range of foods and snacks, but
staff had not had time to explore all the menu options. Staff would explore such a service if an RFP was issued
after the pilot program.
Mr. Booguard stated the exchisivity provision had been excluded. It was only exclusive by operation of the
Council's desire not to issue a second license, but did not preclude Council from issuing a second license if they
wanted to.
Councilmember Rindone stated he liked the idea that it was a pilot program, had a definitive ending date, and if
it was not successful could be discontinued. He questioned if the cleanup would be sufficient.
Minutes
June 21, 1994
Page 13
Mr. Cox responded they would have a person in the park on Monday helping with the cleanup, not just the 100 feet
by also the surrounding area.
Councilmember Rindone requested that the issue be referred to the Parks & Recreation Commission with assurance
that it had not been previously submitted to them due to the short time frame. If they had any reservations or
recommendations they should be brought to Council for review.
RESOLUTION 17546 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Moore wanted a condition, if an when a lull scale program was brought back to Council, of where
the profits would go, i.e. park ranger staffmg.
Councilmember Rindone stated the intent of his offering the resolution was that the vendor would be exclusive only
for those items listed in the staff report. If there was a proposal by a vendor for items other then listed in the report
it could be brought back for Council consideration during the trial period.
Mr. Booguard stated the contract needed to be modified to be consistent with Council's intent. It should state "the
contract would terminate on 10/16/94".
VOTE ON RESOLUTION 17546: approved 4-0-1 with Nader absent.
23.A. RESOLUTION 17547 EXERCISE THE OPTION FOR RENEWAL OF LANDSCAPE
MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICTS 1, 5, 9, AND I0 - Staff
is recommending that the City exercise its option to renew landscape maintenance contract with RC Landscape, Blue
Skies Landscape and New Way Professional Services for Fiscal Year 1994/95. Staff is submitting two separate
resolutions. In order to avoid conflict of interest and maximize Council's participation, it is necessary 1~ bilurcate
the resolution, and to deliberate on the bid cluster for Open Space District 1, 5, 9, and 10 separately. Staff
recommends approval of the resolutions. (Director of Parks and Recreation)
Councilmember Fox stated his home was located in Open Space Maintenance District 10 and would abstain from
participation and left the dais.
RESOLUTION 17547 OFI~'ERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved 3-0-1-1 with Nader absent and Fox abstaining.
B. RESOLUTION 17548 EXERCISE THE OPTION FOR RENEWAL OF LANDSCAPE
MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICTS 3, 4, 8, 11, 14, 15, AND
24
Councilmember Fox returned to the dais.
RESOLUTION 17548 O/~FERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Moore requested that in the future the staff report show what the individual costs were for the
districts.
VOTE ON RESOLUTION 17548: approved 4-0-1 with Nader absent.
24. RESOLUTION 17549 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACTS FOR OPEN SPACE DISTRICTS 2, 6, 7, 17, 18, 20, 23, 26 AND EASTLAKE LANDSCAPE
MAINTENANCE DISTRICT NUMBER 1 - Request for bids to provide landscape maintenance services were let
out on 4/19/94 and received on 5/2/94. New agreements are required because the previous contractor for Districts
Minutes
June 21, 1994
Page 14
2, 6, 7, 17, and 23 defaulted, and is no longer in business. Additional landscape areas were included in District
20 and EastLake Maintenance District Number 1, and the City added District 23 into the Landscape Maintenance
District system. Staff recommends approval of the resolution. (Director of Parks and Recreation)
RESOLUTIONS 17549 AND 17532 OFI~ERED BY COUNCILMEMBER RINDONE, reading of the text was
waived, passed and approved 4-0-1 with Nader absent.
Councilmember Moore stated staff would be returning with a report on how to save maintenance costs in the various
districts and one of the items he had talked to staff about had been the inactive water meters. He felt that should
be included in the report.
25. 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 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 32.b. on
the agenda. 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 6/14/94.
Resolution 17532 considered under Item #24.
26. REPORT REVIEW OF EXEMPTIONS ON MANDATORY WEEKLY RESIDENTIAL
REFUSE COLLECTION - On 3/8/94, Council directed staff to research and make recommendations on a Written
Communications request from Mr. and Mrs. Calvin Jackson regarding the City's Municipal Code requirement
(Section 8.24.060) for mandatory weekly residential refuse collection. Under the cursent Code section, the only
exemption allowed is for self-haulers who show proof of weekly disposal at a permitted waste disposal facility.
Specifically, the City was requested to amend the Code by allowing for more exemptions such as a resident who
produces a small amount of refuse and sets it out every two weeks. Staff recommends Council: (1) Deny the
request to change the exemption listed in Municipal Code Section 8.24.060 or to add any other exemptions; and (2)
Direct staff to research and return with a report and recommendations on unit-based pricing for refuse collection
to be implemented through the City's franchised hauler. (Administration)
Councilmember Fox questioned the definition of "self hauler".
Stephanie Snyder, Principal Management Assistant, responded that a self hauler would be someone that took their
refuse directly to a permitted landfill and show those weekly receipts. The ordinance only applied to residences.
Mayor Pro Tern Horton requested background information on cities giving discounts to senior citizens.
Ms. Snyder stated there were some cities that did not exempt certain people, they were required to have weekly
pickup. If they were seniors some allowed discounts and in a few cities the city absorbed the costs for low income
or hardship cases. The service was provided, but the cost was not paid by the resident. It was either subsidized
by the city or remaining ratepayers.
Councilmember Fox felt the "pay as you throw" concept should be the direction the City was going into. He felt
it would help seniors and those recycling.
MS (Foxatorton) to accept the staff recommendation.
Minutes
Jane 21, 1994
Page 15
Coaneilmember Moore felt there were some benefits to unit based pricing, but questioned how it would be enforced,
regulated, supervised, monitored, and how many staff hours it would take. He had a problem in changing
something that worked well.
VOTE ON MOTION: failed 2-2-1 with Moore and Rindone opposed.
MS (Rindone/Horton) to accept staff recommendation #1, i.e to deny the request to change the exemption
listed in Municipal Code Section 8.24.060 or to add any other exemptions.
Councilmember Rindone felt staff and Council had spent extensive hours establishing a system that had been in
operation for less than one year and he questioned the number of staff hours it would take in rasearehing the
proposed system and whether it was justified at the current time.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
27. 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 from the meeting of 6/14/94.
MSC (Horton/Rindone) to continue the item until 7/12/94 at the request of Mayor Pro Tern Herton and the
property owner. Approved 4-0-1 with Nader absent.
28. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES AND CONCEPTUAL
APPROVAL OF BUSINESS TERMS FOR TRANSFER STATION SITING An oral report will be given by
staff.
George Krempl, Deputy City Manager, stated staff was not prepared to discuss the business terms for the transfer
station as they were still in negotiations. He then updated Coancil on actions taken by the JPA and County Board
of Supervisors. The Board had approved delegation of their authority for establishing the tip fee to the JPA.
County counsel had advised the Board that they still had fiduciary responsibility for the Enterprise Fund and
establishing the tip fee and that the Board could delegate that authority if they wished. The Board also enacted a
tip fee increase to $55 for a period of sixty days, commending on 6/1/94, during which the authority would be
transferred to the JPA and the JPA would have to ratify that increase. They basically accepted all the
recommendations of the JPA.
29. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
John Lippitt, Director of Public Works, stated staff had sent a notice of the City's intent to withdraw from the
District to the City of San Diego and the San District Board. On 6/17/94 the Board reviewed the two versions of
the MOU. All of the agencies, except Chula Vista, had indicated they were staying in the District subject to the
District MOU and the revisions to the weighted vote provisions. Several of the members had indicated they would
probably be willing to approve the consensus MOU. There was a court hearing on 6/23/94, EPA vs. City of San
Diego, and staff wanted to make a response.
Mr. Boogaard stated he wanted to discuss the pending litigation with Coancil in Closed Session to review
recommendation on how to respond to the proposed draft interim order.
Minutes
June 21, 1994
Page 16
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: none. The minutes will reflect the published agenda order.
OTHER BUSINESS
30. CITY MANAGER'S REPORT(S)
30a. Scheduling of meetings. Mr. Goss reported the next Council meeting would be 7/12/94.
30b. Mr. Goss stated during earlier discussion there had been a question regarding the City 's bond rating. He
passed out a copy of a letter from Moody's Investor Service which confirmed the City's bond rating at A.
31. MAYOR'S REPORT(S)
3 la. Ratification of reappointments:
Commission on Aging - Anne Fabrick;
Child Care Commission - George Hartman;
Cultural Arts Commission - Archie McAllister, Coleen Scott and Lee Wheeland;
Economic Development Comafission - Patty Davis;
Growth Management Oversight Commission - Charles Pete;
Human Relations Commission - John Allen and Elsie Hashimoto;
International Friendship Commission - James Baker and Nancy Taboada; 7
Library Board of Trustees - Peggy Donovan and Jose Viesca;
Planning Comrmssion - Tom Martin and John Moot;
Resource Conservation Commission - Cindy Burmscano and Joe Ghougassian;
Southwest Project Area Committee - Allen Jones and Edward LaGnardia; and,
Town Centre Project Area Committee - Jack Blakely
MSC 0torton/Moore) to approve the ratification of reappointments as listed. Approved 4-0-1 with Nader
absent.
3 lb. Ratification of appointments:
Commission on Aging - Ted Kennedy;
Board of Appeals - Marehall Compton;
Youth Commission - Christian Holmes; and,
Otay Valley Road Project Area Committee - Archie Hall ("at large' seat replacing A.Y. Casillas).
MSC (Horton/Moore) to approve the ratification of appointments as listed. Approved 4-0-1 with Nader
absent.
Councilmember Moore requested that staff confirm that the appointment of Archie Hall was in compliance with the
City's two term policy.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
3 lc. Solicitation of determination of ability to discuss in closed session the Amphitheater at Otay Rio Business
Park property.
MSC (Horton/Rindone) to continue Items 31c, d, e, & f to the meeting of 7/12/94.
Minutes
Jane 21, 1994
Page 17
3 ld. Fee charged for Connell minutes. Continued from the meeting of 6/14/94. Continued to the meeting
of 7/12/94.
3 le. Environmentally safe, state-of-the-art air conditioning. Continued to the meeting of 7/12/94.
3If. Discussion of information from Urban Ore, Inc. Continued to the meeting of 7/12/94.
32. COUNCIL COMMENTS
Councilmember Fox
32a. A November Special Election/Advisory Vote Proposal for vacancy on Council Seat Number 3. Continued
from the meeting of 6/14/94.
Councilmember Fox questioned if a vacancy on Couocil could be declared before Councilmember Hotton officially
took office as Mayor.
Mr. Boogaard responded it was his legal opinion that a vacancy could not be declared until that vacancy actually
occurred. Coancil could get an advisory vote on how to fill the vacancy when it existed in December
Coancilmember Fox stated there was an opportunity with the November election to fill a vacancy Council knew
would occur in December. He felt the current requirement which called for Council to fill by appointment any
existing vacancy was written a number of years ago when the City was much smaller. He thought with the
opportunity before them people should have an opportunity to have their voice heard. He recommended: 1) a
measure on the ballot that would state "Shall this vacancy be filled by a special election" with the costs associated
included in the measure, and a run-off would probably be required; or 2) an advisory vote which would state "When
the Council fills the vacancy through the appointment process who among the following people would you
recommend Council appoint". Council would not be bound by the decision, but it would give the voters an
opportunity to take part in filling the vacancy.
MOTION: (Fox) Council call for an advisory vote on the November ballot with wording such as: "Should
the Council fill the vacancy through the appointment process, who among the following individuals would you
recommend Council select". Motion died for lack of second.
MOTION: (Fox) Council direct that a measure be placed on the November ballot which would state:
"Should Council fill the vacancy through the special election process". Motion died for lack of second.
Councilmember Rindone stated the Charter clearly defined the duties and responsibilities of elected members of the
Council and one of the most critical issues was the process for filling vacancies when they occurred on Council.
It was probably one of the most controversial issues he had faced in his first four years on the Coancil. Prior to
the vacancy created by the death of Mayor McCandliss there had been 18-20 vacancies that had occurred and all
had been filled by appointment. There had been a great deal of heated discussion regarding the vacancy created
by Mayor McCandliss and the resolution was a special election because it was for Mayor and almost a full four year
term. The next vacancy that occurred, to fill Councilmember Nader's unexpired term of less than two years, was
appointment by Council and did not put the City through another special election, which now required both a
primary and general election. The appointment process worked very well at that time with a compromise candidate
selected, i.e. Shirley Hotton who had just been elected as Mayor. A delay would also not be in the best interest
of the City. He was very opposed to an advisory vote as there were no regulations regarding campaign funding
and felt it could get out of hand.
Councilmember Fox stated he supported the appointed process, but he felt there was an opportunity in November
for an advisory vote. He would support the wishes of Council. His whole intent was to see if there was a desire
by Council to include the voters and take advantage of that opportunity.
Minutes
June 21, 1994
Page 18
Mr. Boogaard informed Council that if a candidate failed to reach a majority of votes at a special election a special
run-off election would have to be called under the City's new provisions. Council would not have the authority to
waive that as it was a directive of the people of the City.
Councilmember Rindone
32b. RESOLUTION 17531 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 NUMBER 10
CONTINGENT UPON APPROVAL OF THE BUDGET BY COUNCIL - 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. On 6/14/94, Council
directed staff to revise the assessments to minimize increases and return with a report on 6/21/94. Staff
recommends approval of the resolution. (Director of Parks & Recreation and Director of Public Works) Continued
from the meeting of 6/14/94.
Councilmember Fox stated his home was located within Open Space Maintenance District #10 and he would abstain
from participation and left the dais.
John Lippitt, Director of Public Works, stated that based on direction from Council staff had reduced the
recommended charge for the District to $42.18 for next year.
Councilmember Moore stated there was a difference between what the assessment fee was and the cost of doing
business. In the past three years the actual costs were approximately $80.00. The 1993/94 year had been dropped
to $26.00 due to excess reserves, but the cost of doing business was basically the same. He questioned if the drop
from the $80.00 to $42.00 was due to excess reserves.
Mr. Lippitt responded that was correct.
RESOLUTION 17531 OFI~'ERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved 3-0-1-1 with Nader absent and Fox abstaining.
Councilmember Horton
32c. Establishing subcommittee of major retailers to discuss the affects of NAFTA on local business including,
but not limited tu, representatives from the Chamber of Commerce, Price Club, Jerome's, Home Depot, K-Mart.
Continued to the meeting of 7/12/94.
CLOSED SESSION
Mr. Boegeard informed Council there was no need to discuss the City of Chula Vista vs. the County of San Diego
(Surcharge).
Council recessed at 10:13 p.m., met in Closed Session at 11:06 p.m., and reconvened at 1:00 a.m.
33. 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.
Minutes
June 21, 1994
Page 19
34. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
· Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Avenue,
Chula Vista, California.
Negotiating parties: Richard Hall/Hall Company, Community Development, and the City
Attomey's office.
Under negotiation: Purchase price and terms of payment.
· Property: MCA Amphitheater, west end of Otay Rio Business Park.
Negotiating parties: Jack Liebau or designee.
Under negotiation: Purchase price and terms of payment.
35. 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).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
36. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No action was reported.
ADJOURNMENT
ADJOURNMENT AT 1:03 A.M. to the Regular City Council Meeting on July 12, 1994 at 6:00 p.m. in the City
Council Chambers.
A Re. development Agency meeting convened at 10:13 p.m. and adjourned at 11:06 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
\"x,X ~C,\ ~ , ..
Vicki C. Soderquist, Deputy Clerk