HomeMy WebLinkAboutcc min 1994/08/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
Tuesday, August 2, 1994 Council Chambers
4:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox (arrived at 4:17 p.m. and left at 7:53 p.m.), Horton
(arrived at 4:20 p.m.), Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Sid Morris, Assistant City Manager; Bruce M.
Boogaard, City Attorney; and Beverly A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF M1NUTES: July 19, 1994 (City Council) and July 19, 1994 (Joint Meeting of the
City Council/Redevelopment Agency)
MSC (Rindone/Moore) to approve the minutes of July 19, 1994 (Council) and July 19, 1994 (RDA) as
presented, approved 3-0-2 with Horton and Fox absent.
4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Items pulled: 5a, 8, 9A, 10, and 11)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved 3-0-2 with Horton and Fox absent. Item 7 was trailed due to the
need for a 4/5th's vote.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting an opportunity to meet with the Mayor in the near future regarding a contract
between the City of Chula Vista and the Solid Waste Authority - Henry D.I. Abarbanel, Member, City of Del
Mar, and Dal Williams, Member, City of Vista, Solid Waste Authority, 1600 Pacific Highway, Room 215, San
Diego, CA 92101-2470. It is recommended that Council designate one or two members to meet with the Solid
Waste Authority representatives. Pulled from the Consent Calendar. Heard in conjunction with Item 21.
b. Requesting a letter and/or resolution be sent to the Chairmen of the Assembly Public Safety
Committee, Senate Judiciary Committee, Assembly Ways and Means Committee, and Senate Appropriations
Committee to influence legislators to vote for crime bills which will make criminals fear the consequences of
committing crimes - Collene Campbell, Mayor, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675. It is recommended that Council support the list of Bills, as it may be amended by Council,
and direct staff to send appropriate letters of support to the Legislature.
6. RESOLUTION 17591 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAN D1EGO TO CONSOLIDATE A SPECIAL MUNICIPAL RUNOFF ELECTION TO BE HELD ON THE
DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE AND FOR SUBMISSION TO THE
VOTERS A QUESTION RELATING TO AMENDING THE CHARTER TO CAUSE THE DATE OF
GENERAL MUNICIPAL ELECTIONS TO COINCIDE WITH THE DATE OF STATE PRIMARY
ELECTlONS - Consolidation of elections saves the City thousands ~fd~~~arsin~peratingexpense~ To consolidate
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August 2, 1994
Page 2
the Special Municipal Runoff Election with the Statewide General Election the County Board of Supervisors must
give their consent. An amendment to the Charter is proposed to automatically coincide the date of General
Municipal Elections with the date of State Primary Elections in the future. Staff recommends approval of the
resolution. (City Attorney and City Clerk)
7. RESOLUTION 17592 AMENDING FISCAL YEAR 1994/95 BUDGET, PROVIDING FOR A
GENERAL FUND APPROPRIATION TO THE GENERAL LIABILITY INSURANCE ACCOUNT - Due to
the settlement of the Janey Hummell lawsuit, an appropriation from the General Fund of $275,000 is needed. Staff
recommends approval of the resolution. (Director of Personnel) 4/5th's vote required.
RESOLUTION 17592 OFI~'ERED ON THE CONSENT CALENDAR, approved unanimously.
8. RESOLUTION 17593 ADOPTING NEGATIVE DECLARATION IS-94-26; APPROVING THE
CLOSURE OF THIRD AVENUE TO VEHICULAR TRAFFIC BETWEEN "E" STREET AND DAVIDSON
AVENUE ON THURSDAY AFTERNOONS BETWEEN 2:00 P.M. AND 8:00 P.M. FOR A FARMERS'
MARKET SPECIAL EVENT SUBJECT TO CONDITIONS, AND WAIVING BUSINESS LICENSE FEES
FOR THE VENDORS PARTICIPATING IN THE SPECIAL EVENT - The Downtown Business Association
is proposing to establish a certified Farmers' Market special event in Town Centre I. The Market is proposed to
be conducted every Thursday between 3:30 p.m. and 7:00 p.m. and is planned to be located within the Third
Avenue street right-of-way between "E" Street and Davidson Avenue. Approximately 25 produce vendors will
participate. Staff recommends approval of the resolution. (Director of Community Development) Pulled from
the Consent Calendar.
RESOLUTION 17593 OFFERED BY MAYOR NADER, reading of the text was waived.
Councilmember Moore stated he did not want to approve the item in perpetuity and questioned if there was an
annual review.
Mr. Boogaard responded that Condition I stated there would be an evaluation in one year and was revokable at
Council's will at any time.
VOTE ON MOTION: approved 4-0-1 with Fox absent.
9. A. RESOLUTION 17594 AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND
INDENTURE, BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT FOR
ASSESSMENT DISTRICT NUMBER 90-2 (OTAY VALLEY ROAD) LIMITED OBLIGATION
IMPROVEMENT BONDS, SERIES B - On 6/23/92, Council approved the formation of the Assessment District
for the widening of Otay Valley Road. On 6/30/92, Council authorized the issuance of bonds, approving the form
of the bond indenture and related documents. The bond indenture was further modified on 7/27/93 to include the
Limited City Pledge to provide security enhancement for parcels in Otay Rio Business Park. Present action will
authorize the issuance and use of the second bond series, Series B, for Phase II construction. Staff recommends
approval of the resolutions. (Director of Public Works, Director of Finance, and Director of Community
Development) Pulled from the Consent Calendar.
Councilmember Rindone stated the minutes indicating the City had hired Stone & Youngberg as bond counsel had
not been included in the packet. He questioned if that had been an official action by Council.
Mr. Boogaard stated Stone & Youngberg had handled the first series of the issue pursuant to authorization by
Council. The item before Council was the second series which had to be issued at parity with Series A and, as a
result, the reliance on the original official statements and documents was critical. He believed they were officially
retained by resolution with the contemplation clear in the financing plan that the City would have to issue Series
B at such time as the City would proceed with Phase II.
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August 2, 1994
Page 3
Mr. Morris stated information given to the City Manager's office was that the Stone & Youngberg contract had been
approved for Series A and at that time it had been contemplated they would also continue the work for Series B.
The approval process was that it was a continued item. The item had been separated by staff in order to accomplish
the sale of bonds and not delay the work on the road.
Mayor Nader questioned if the Council had specifically approved the bond counsel for that particular series.
John Lippitt, Director of Public Works, stated Council entered into an agreement and approved Stone & Youngberg
as bond counsel. At the time it was done it was one district and one issue. At their recommendation it had been
broken up into two phases. Council had approved them for the district.
Mayor Nader recommended the item would be trailed until staff returned with the minutes of the meeting at which
the action had been taken.
MS (Rindone/Nader) to continue the item for one week.
Mayor Nader questioned whether that would create a problem in the issuance of the bonds.
Mr. Lippitt responded there was a problem with timing and staff would return after Council's recess with the
minutes.
Mayor Nader trailed the item until after Council recess.
Mr. Lippitt stated Resolution 16708 formed the district and authorized the issuance of bonds, approving forms of
bond indenture, bond purchase contract, and preliminary official statement. A statement included in the first bond
purchase agreement indicated that because they were parity bonds, the Series B bonds would be issued by the
underwriter. The underwriter in the agreement was Stone & Youngberg. Therefore, staff felt Council had
authorized them, by intention, to be the underwriter. The current resolution also listed Stone & Youngberg as the
underwriter for Series B bonds.
Mr. Boogaard stated the City committed to Stone & Youngberg through Council action to let them issue Series B
bonds. The contract stated they could issue the Series B bonds and on page 9A-2, Section 4, the Council was
specifically approving the contract for them to underwrite the City's bonds. The bond purchase contract clearly
stated the City would sell Series A and Series B bonds to the underwriter which was Stone & Youngberg.
Councilmember Rindone felt that in the future staff should provide such a description in the narrative of the A113
so it would be clear.
RESOLUTIONS 17594 OFFERED BY MAYOR NADER, reading of the text was waived, passed and
approved 4-0-1 with Fox absent.
B. RESOLUTION 17595 AUTHORIZING THE APPROPRIATION OF FUNDS FROM FUND 637,
IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NUMBER 90-2 (OTAY VALLEY ROAD), TO CIP
PROJECT ST-123 CONTINGENT UPON SERIES B BOND SALE; AND, RENEWlNG THE LIMITED
CITY PLEDGE TO PROVIDE SECURITY ENHANCEMENT FOR PARCELS IN OTAY RIO BUSINESS
PARK (ASSESSMENT NUMBERS 102-149) - 4/5th's vote required. Approved on the Consent Agenda.
C. RESOLUTION 17596 AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO
INITIATE FORECLOSURE PROCEEDINGS ON DELINQUENT PARCELS IN ASSESSMENT DISTRICT
NUMBER 90-2 (OTAY VALLEY ROAD) Approved on the Consent Agenda.
10. RESOLUTION 17597 AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND
INDENTURE, BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT FOR
ASSESSMENT DISTRICT NUMBER 92-02 (AUTO PARK) - On 3/23/93, Council adopted the resolution of
intention to order the acquisition and financing of certain infrastructure serving the Auto Park development pursuant
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August 2, 1994
Page 4
to the Municipal Improvement Act of 1913. The two public hearings required by law were held on 6/8/93 and
6/22/93. On 8/24/93, Council approved the Acquisition/Financing Agreement and on 9/28/93, confirmed the
assessment and approved the Engineers Report for Assessment District 92-2 (Auto Park). Staff recommends
approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar.
Councilmember Rindone questioned the anticipated rate of bonds.
Robert Powell, Finance Director, responded the average coupon rate was approximately 7.12 % which was slightly
above the Series A that was sold one year ago.
Councilmember Rindone felt the percentage was high and questioned whether staff was comfortable with the
percentage.
Mr. Powell responded he was comfortable with the percentage as it was under the guidance of a financial advisor
and verification from another source regarding the rate.
RESOLUTION 17597 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved 4-0-1 with Fox absent.
ll.A. RESOLUTION 17598 APPROVING FINAL MAP OF TRACT 93-03, TELEGRAPH CANYON
ESTATES NEIGHBORHOOD 2 UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT - On 1/19/93, Council approved the Tentative Subdivision Map
for Tract 93-03, Telegraph Canyon Estates. Under consideration are the fifth and sixth final maps for said tentative
map. Staff recommends approval of the resolutions. (Director of Public Works) Pulled from the Consent
Calendar.
B. RESOLUTION 17599 APPROVING FINAL MAP TRACT 93-03, TELEGRAPH CANYON
ESTATES NEIGHBORHOOD 3 UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT Pulled from the Consent Calendar.
Mayor Nader stated it appeared there was information regarding the item that he was not familiar with and he had
requested the minutes of the meeting. Apparently there were changes made following the initial approval of the
tentative map by the Council at meetings he had been absent on City business. Both resolutions referenced new
subdivision improvement agreement and he did not see those included in the packets.
John Lippitt, Director of Public Works, responded the supplemental subdivision agreement had been included in
the packet. The regular subdivision agreement was boilerplate and was not historically sent to Council. Staff would
return after the Council recess with a copy of the subdivision agreement.
Mayor Nader trailed the item until after the Council recess.
* * * Council recessed at 6:03 p.m. and reconvened at 6:34 p.m. with Councilmembers Fox and Horton
absent * * *
Mr. Boogaard stated the subdivision improvement agreement was a standard and adequate form.
Mayor Nader questioned whether it made any significant changes from the tentative map conditions. ~'~
Mr. Boogaard responded that it did not.
I[
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August 2, 1994
Page 5
RESOLUTIONS 17598 AND 17599 OFFERED BY COUNCILMEMBER HORTON, reading of the text was
waived, passed and approved 4-0-1 with Fox absent.
12. REPORT GRADING MODIFICATIONS FOR ELEMENTARY SCHOOL SITE
(EASTLAKE GREENS) - The Chula Vista Elementary School District is ready to begin construction for a new
school in EastLake Greens. It is hoped that the school will be ready for classes at the beginning of the Fall 1995
term. In order to build the school, they need to modify the grading plan from the original grades shown in the
tentative map for EastLake Greens. The report discusses the grading modification. Staff recommends Council
accept the report. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING CONSIDERING TESTIMONY ON THE ESTABLISHMENT OF ZONE E
WITHIN EASTLAKE MAINTENANCE DISTRICT NUMBER ONE, FOR THE PERPETUAL
MAINTENANCE OF TELEGRAPH CANYON CHANNEL - On 5/24/94, Council declared the intention to
establish Zone E within EastLake Maintenance District Number One (ELMD1) to provide for the maintenance of
Telegraph Canyon channel. The public hearing will consider testimony for assessing benefitting properties within
EastLake Maintenance District Number One for their pro rata share of the costs. Staff recotnmends approval of
the resolution. (Director of Public Works) Continued from the meeting of 7/26/94.
RESOLUTION 17588 ESTABLISHING ZONE E WITHIN EASTLAKE MAINTENANCE
DISTRICT NUMBER ONE, CONFIRMING THE REPORT, ORDERING THE IMPROVEMENTS AND
LEVYING THE FIRST YEAR ASSESSMENT FOR FISCAL YEAR 1994/95
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
the public hearing was declared closed.
RESOLUTION 17588 Ole'I~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved unanimously.
ORAL COM~!UNICATIONS
· Lou Black, 282 Third Avenue, Chula Vista, CA, requested that a survey be done by the City of the
downtown business area regarding the town manager and other activities. She felt the City needed the input of the
business ovvners.
MOTION: (Nader) to refer to staff to consult with Ms. Black and members of the Downtown Business
Association and report back to Council on a potential downtown business survey. Motion died for lack of
second.
MSC (Rindone/Nader) to refer to staff to investigate any concerns by the Downtown Business Association
identified and make recommendations to Council on how to ascertain that information. Approved 3-0-2 with
Horton and Fox absent.
· Carolyn DiCerchio. 4104 Bonita Road, Bonita CA, representing the Bonita Village Center, stated they were
interested in establishing a farmers market on a temporary basis to see if it would be successful and bring more
business into the shopping center. ltwasaprivatelyownedcenterandtheyhadthepermissionoftheowner. They
had been working with the City for over one month and had been told that they would have to put up a $2,000
deposit for a conditional use permit which they were not financially prepared to do at the current time. She
requested a waiver of the fees on a temporary basis.
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August 2, 1994
Page 6
MS (Nader/Moore) to refer to staff to report back next week with an agenda item for potential Council
action.
Councilmember Moore felt the speaker should present to staff, in writing, that they had the property owners and
major tenants permission, etc. The traffic situation should be reviewed and complaints should be heard.
Mayor Nader stated he was not assuming that a waiver would be granted, but he wanted a mechanism which would
agendize the item and allow Council to take action if they chose to based on the information presented at that time.
VOTE ON MOTION: approved 4-0-1 with Horton absent.
· Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, referred to a letter submitted to the Mayor on
7/26/94 regarding an incident with Councilmember Moore in the Council Chambers and wanted to bring the matter
before Council.
Mayor Nader asked the City Attorney whether the item was in order. He had not forwarded the letter to the City
Attorney as he felt it was a confidential letter. He wanted the City Attorney's advise and would abide by his ruling.
He requested the item be trailed until there was a ruling from the City Attorney.
Mayor Nader stated he had been advised by the City Attorney that Mr. Garcia would be in order to proceed with
Oral Communications.
Mr. Garcia stated he was in the process of purchasing a typewtiter on 7/18/94 and wanted to see the types of print
on the overhead projector in the Council Chambers. After contacting the City Manager's Office, City Clerk's
Office, and Planning Department, it was his understanding that he could go into the Chambers and put the screen
down. Not wanting to be in the Chambers alone he did not turn on the projector, but went back out to get ~'~
assistance and had been told someone from the City Clerk's Office would assist him. No one came to assist him
and he went back out again. Upon his return to the Chambers, Councilmember Moore entered the chambers and
became a little aggressive, questioned what he was doing, and stated he had no business there.
Mayor Nader stated Mr. Garcia's time had expired and requested that he summarize his comn~ents.
Mr. Garcia stated Councilmember Moore used his tight hand and pushed him and kept his had there for 4-5
minutes. He then requested that Councilmember Moore remove his hand. At that time Ken Larsen entered the
Chambers and assisted him with the transparency. His concem was that Councilmember Moore did not have a tight
to put his hands on him and he did not feel it was called for.
* * * Councilmember Fox returned to the meeting at 6:37 p.m. and Councilmember Horton returned to
the meeting at 6:39 p.m. * * *
Councilmember Moore stated he had been informed by a member of staff that an individual had wanted to use
equipment in the Council Chambers and did not know how to go about it. The individual had been given permission
by the Mayor to be on the agenda and he thought that was why he wanted to use the equipment, i.e. to make a
presentation. Normally, a staff member would operate the equipment and he went out of his way to inform Mr.
Garcia that staff would operate the equipment for him when he made his presentation. Mr. Garcia stated he did
not want any help and interrupted his comments. He had put his hand out to the side, toward the equipment and
stated don't touch the equipment as staff would operate it for him. He did not push Mr. Garcia and did not have
his hand on him for 4-5 minutes, he was not in the Chambers for 4-5 minutes. Mr. Garcia stepped into his space
and the body and hand did touch fbr 1-2 seconds. Mr. Garcia then called out "don't touch me" which was 4-5
seconds after the contact. At that time Mr. Larsen entered the Chambers and assisted Mr. Garcia with the
transparency.
Mr. Garcia stated he had been error when he stated that Councilmember Moore had left his hand on him for 4-5
minutes, it was 4-5 seconds.
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August 2, 1994
Page 7
® Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated she had made an accusation to the Council
and she had been wrong and apologized. She requested that in the future Council and staff not use the term
"disabled female", but use a persons name. She requested she be kept fully informed of all transit issues. She
further questioned the sizes of the buses in Item 16. She noted the construction being done on Palomar from
Broadway to the freeway and felt it would cause delays in public transit. She also felt the bus routes should be
altered or another bus should be added to the route.
Mayor Nader stated if there was going to be a prolonged period of time that the area would be closed the public
be notified.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
14. ORDINANCE 2596 AMENDING SECTIONS 13.14.100 AND 13.14.150 OF THE MUNICIPAL
CODE RELATING TO SEWAGE PUMP STATION CHARGES AND ORDINANCE NUMBER 2461 AND
REPEALING ORDINANCE NUMBERS 2181, 2286, AND 2477 TO DISSOLVE SPECIAL SEWER SERVICE
RATE AREAS (second reading and adoorion) - On 5/17/94, Council approved Policy Number 570-03, Sewage
Pump Station Financing Policy. The Policy provides that all existing Sewer Service Rate Areas, which provide for
the financing of maintenance and operation costs of public sewage pump stations by property owners, be modified
as of 7/1/94. Ordinances 2181, 2286, 2477, and Resolutions 6833 and 8028 must be repealed and Ordinance 2481,
all of which established Special Sewer Service Rate Areas, must be amended to comply with the Policy. The
Master Fee Schedule and Municipal Code need to be updated to reflect the provisions stated in the Policy. Staff
recommends Council place the ordinance on second reading and adoption. (Director of public Works) Continued
from the meeting of 7/26/94.
Mayor Nader stated he had asked for additional information concerning the May meeting when the policy was
adopted. He felt that new development should pay its own way and he was not comfortable with a $.22/month
dwelling unit charge to cover the costs of the new sewer services or with setting a policy determination, in ordinance
form, for operation and maintenance costs for sewage pump stations, required by new development, spread out
through the existing rate base rather than having it done through an assessment district, an up front development
fee, or some other mechanism where development would pay its own way.
ORDINANCE 2596 PLACED ON FlRST READING BY COUNCILMEMBER RINDONE, reading of the text
was waived, passed and approved 4-1 with Nader opposed.
15. RESOLUTION 17577 PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF
A CITY-WIDE RECORDS MANAGEMENT PROGRAM FOR BOTH THE ACTIVE AND INACTIVE
SYSTEMS, INCLUDING RETENTION SCHEDULES AND PROCEDURES, AND AUTHORIZING THE
DESTRUCTION OF PUBLIC RECORDS - In June 1991, Council approved a CIP Project for a City-wide
Records Management Program. Included in the project was the hiring of a consultant to assist in the design of a
records program. Since that time, the program has been developed with input from all departments. Staff
recommends approval of the resolution. (City Clerk) Continued from the meeting of 7/26/94.
® Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, stated the staff report referred to "case by case
basis" which he felt referred to police cases. He questioned if documents could also be destroyed by someone that
felt they were a "department head", i.e. in the department heads absence. He was concemed with the destruction
of seized asset documents. Council should not totally give up their rights to approve the destruction of some of the
public records.
Minutes
August 2, 1994
Page 8
Mayor Nader stated police records were specifically excluded from the resolution and a separate policy would be
brought back at a later date. He referred to Section 4A of the resolution which stated the "responsibility for keeping
and management of all public records for the City of Chula Vista shall rest with the City Council of the City of
Chula Vista" and questioned whether that created any direct or personal liability for Councilmembers.
Mr. Booguard responded that it was in the capacity of the Council as a public officer.
Mayor Nader questioned if the policy gave "acting department heads" the ability to destroy public records.
Mr. Booguard responded that technically it would. The acting department head would have to comply with the
destructions manual which set ti>rth the criteria that would have to be followed. It could not be accomplished in
a couple weeks due to all the reviews that would have to be done before destruction would be allowed to occur.
He had reviewed the manual and approved it.
RESOLUTION 17577 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed
and approved unanimously.
Mr. Booguard requested Council reconsider the item to clarify that the Council was not personally liable or
responsible for records management.
MSUC (Nader/Moore) to reconsider Item 15.
Mr. Booguard recommended that on page 15-6, Section 4A, first sentence, be amended to read "The responsibility
for establishing the policy for the keeping and managing of all public records of the City of Chula Vista rests
with the City Council of the City of Chula Vista". It inserted the notion that the Council's responsibility was
not for the keeping of the records, but for the establishment of the policy that set how the records should be kept.
RESOLUTION 17577, AS AMENDED, OFFERED BY MAYOR NADER, reading of the text was waived,
passed and approved unanimously.
Councilmember Moore questioned if the responsibility for keeping and management needed to be inserted in another
area.
Mr. Booguard responded that the responsibility was spread throughout the remaining sections to the officers,
employees, department heads, City Clerk, etc.
16. RESOLUTION 17584 AUTHORIZING THE PURCHASE OF TRANSIT BUSES ON
COOPERATIVE BID - The Fiscal Year 1994/95 Transit Division budget provides for the purchase of two (2)
transit buses. The City is able to obtain the buses via a County of San Diego bid. Staff recommends approval of
the resolution. (Director of Public Works) Continued from the meeting of 7/26/94.
RESOLUTION 17584 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived.
Councilmember Rindone stated that as the Greenfleets project moved forward the City would want to address how
transit issues would be interfaced with the program.
17. RESOLUTION 17585 APPROVING UNIFORM FARE STRUCTURE AGREEMENT FOR
TRANSIT SERVICES - The agreement incorporates three major cooperative functions among transit operators
under the Metropolitan Transit Development Board jurisdiction: cash fare structure; transfer procedures; and,
regional passes, including revenue distribution. The primary changes to the Fiscal Year 1994/95 agreement are
price increases for some regional passes. Staff recommends approval of the resolution. (Director of Public Works)
Continued from the meeting of 7/26/94.
/ F
Minutes
August 2, 1994
Page 9
Mayor Nader stated Council had been told there was some policy or agreement among the various transit agencies,
including Chula Vista Transit, that would preclude the City from earmarking revenue from such a program for
discounted bus passes for youth, a differential rate, or any such purpose. He questioned if that was something that
was covered by or related to the item before Council.
William Gustafson, Transit Director, responded that it was not. The item before Council was related to the sharing
of revenue from past sales and the setting of fares. The restriction on the use of revenue from advertising was more
directly related to the Transportation Development Act itself.
Sid Morris, Assistant City Manager, responded that he did not believe it was included in the legislative program,
but could be added.
Mayor Nader requested that the issue of State legislation restricting the utilization of revenues from bus
advertisements be placed under his comments on the next agenda.
RESOLUTION 17585 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved unanimously.
18. RESOLUTION 17586 APPROVING AMENDMENT TO AGREEMENT WITH THE SAN DIEGO
TRANSIT CORPORATION (SDTC) - The amendment to the agreement for Fiscal Year (FY) 1994/95 continues
Chula Vista Transit's participation in regional transit information service at a cost of $21,541, a 5.6 % decrease from
the FY 1993/94 cost of $22,766. Staff recommends approval of the resolution. (Director of Public Works)
Continued from the meeting of 7/26/94.
RESOLUTION 17586 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved unanimously.
19. RESOLUTION 17600 ORDERING CERTAlN OPEN SPACE AND MAINTENANCE FACILITIES
TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING
THE ASSESSMENTS FOR FISCAL YEAR (FY) 1994/95 FOR EASTLAKE MAINTENANCE DISTRICT
NUMBER ONE - ZONE D - On 6/14/94, Council directed staff to meet with the property owners of Salt Creek
I to discuss the open space (EastLake Maintenance District Number I - Zone D) budget and proposed assessments
for FY 1994/95 before Council would consider levying the annual assessment. The item considers the issues raised
at the meeting. Staff recommends approval of the resolution. (Director of Public Works) This item will not be
considered prior to 6:00 p.m.
John Lippitt, Director of Public Works, reviewed actions taken by staff in working with the residents of the district.
The original assessment was $355 and had been lowered to $259 for Zone D. The cost was near the mean for all
the parcels in the eastern area and was lower than many of the other districts.
· Ken MacTiernan, 2261 Rolling Ridge Road, Chula Vista, CA, spoke in opposition of the staff
recommendation. He did not feel the neighborhood had been given time to attend the meeting due to the short
notice given. Staff had not addressed the issue of removing the slopes adjacent to the SR 125 corridor. If the City,
Baldwin, or Caltrans required the slopes they should have to pay for it, and if no one asked for the slopes to be
graded Baldwin should pay. Residents did not feel SR 125 was a benefit to the neighborhood, but to the entire City.
If the slopes could not be removed from the budget he requested that Council consider changing the landscaping
to a less expensive coverage. Aesthetics would take a back seat in comparison to the potential of saving money.
He questioned whether maintenance on the slopes could be deleted with nature taking over. If the area became a
fire hazard, reserve funds could be used for fire clearance. County probation crews could also do the work.
Mayor Nader questioned if there would be any adverse consequences if the slopes were allowed to be taken over
by natural vegetation, i.e. 1) it would not look pretty; or 2) no vegetation would take hold and erosion would then
cause the public street right-of-way to become a hazard.
Minutes
August 2, 1994
Page 10
Joel Chew, Open Space Coordinator, responded the landscape architect advocated that the City not abandon the
project. The plant material was in need of maintenance in perpetuity.
Jess Valenzuela, Director of Parks & Recreation, stated the two points raised were accurate. Mother issue would
be a policy issue Council would have to deal with, i.e. did the Council want the slopes to appear in a natural state
or highly manicured and aesthetically pleasing.
Mayor Nader questioned if the issue came down to the appearance of the plant material.
Mr. Valenzuela responded that was correct.
Mayor Nader questioned if there was an impediment to utilizing the probation crews.
Mr. Valenzuela responded the City did use probation crews for open space brush clearances, trash removal, etc.
It was in the proposed budget, but had been taken out to lower the assessment.
Mayor Nader questioned if the City provided an estimate as part of a bid package.
Mr. Lippitt responded that the staff estimate was not included in the bid package, but it was included within the City
budget.
® Robert Garvin, 2151 Lago Madero, Chula Vista, CA, President of the Chapala Homeowners Association,
stated the slopes on the EastLake side of the SR 125 corridor (northwest and southwest side) had gone completely
native. It did not appear to be detrimental from the fire code or aesthetic standpoints and the residents in the area
seemed quite satisfied. He questioned why that was not possible for their area. He did not feel it was clear in the [.---.
Baldwin documents presented to him how the assessment would be handled.
· Dara Woolley, 2284 Rolling Ridge Road, Chula Vista, CA, spoke in opposition to the staff recommendation
as she felt there were many things unanswered. A large portion of the reduction in the fees was based on a mistake
by Baldwin rather than the City. The only thing that had been done to reduce the fees was the deletion of the
clearing. An area had been dedicated to coastal sage and she questioned why natural vegetation could not be
allowed on the slopes. The slopes and on/off ramps were built at the City's request and would benefit the entire
City. She felt the entire City should share in the costs. She had been told staff had twenty years of experience in
preparing budgets, but a lot had changed in twenty years, i.e. drought conditions, poor economy, and people that
could not afford to pay more on a continuing basis. She requested that Council walk through the neighborhood.
Mayor Nader questioned if Ms. WoolIey preferred native vegetation.
Ms. WoolIey responded that she did and felt it fit the name of the neighborhood. She stated the graph showing the
total special taxes and assessments did not include their zone. An additional paragraph had been added at the bottom
which stated Zone D would be included.
· David Digiambattista, 2269 Rolling Ridge Road, Chula Vista, CA, stated over thirty people had attended
the budget hearings and if people had more notice of the present meeting there would be a larger turn out.
Mayor Nader questioned when the residents were notified.
Mr. Digiambattista responded that he had talked to Ms. Snider on Friday and received a FAX on Saturday
confirming the meeting. Their district was primarily slope maintenance and not street maintenance, 75% of the
budget was to take care of the slopes. There should be some type of provision that stated they did not have to treat
something that was not visible from the street the same way as a street was treated. There should also be a
provision for unnecessary expenses such as performance bonds. It was not appropriate lbr the homeowners to be
charged. The neighborhood did notwantSR 125 builtas they felt itwouldbea blight on their area. SR 125would
benefit the entire City more than the neighborhood and recommended the cost to maintain the City land for SR 125
be paid for out of general funds. If the City did not want to pay for the land they could give it back to the district
to take care of or return it to Baldwin for development.
Minutes
August 2, 1994
Page 11
Mayor Nader questioned when the notice for the meeting was distributed.
Donna Snider, Civil Engineer, responded the notice went out on July 18th and confirmed with Mr. Digiambattista
on August 2rid. Two notices were sent, i.e. one that the meeting would be on August 2nd and the second that it
would be heard at 6:00 p.m.
Mayor Nader stated he was concerned about how nature was being taken out of City design. The water
conservation changes he had proposed several years ago for common areas of new development were intended to
promote natural landscaping. He was concerned that if they let it revert it was unknown as to what vegetation
would take hold. The purpose of the grading and SR 125 was one that transcended the immediate neighborhoed
although he was uncertain the City would allow the new developments without assurance that some of those things
would be paid for that new development necessitated. Residential development in California did not even pay its
own way for services unless the special assessments, Mello Roos, etc. was added in to make it a break even project.
He felt the homeowners preference should be honored. He preferred to take the slopes out of the assessment and
if the homeowners association did not like that and wanted different landscaping, as long as it was legal, they could
approve a different landscaping plan and pay for it.
MS (Nader/Fox) to direct staff to bring back a revised mnendment removing the cost of landscaping
maintenance of the SR 125 slopes.
Councilmember Moore stated the SR 125 corridor did not begin in Salt Creek and if it was done for one district
it should be done for all districts. He questioned who would pay for and maintain the slopes and erosion damage
if removed from the district.
Mayor Nader stated the photographic evidence showed that EastLake already had a natural slope in the area. His
motion did not remove the slope from the open space district, but removed the cost tbr maintenance of the current
landscaping which would allow natural vegetation. If someone did not like the natural vegetation they could take
it over along with the cost. Government would not be mandating that the homeowners pay for the landscaping plan.
Staff had informed him that the only problem was aesthetics.
Mr. Valenzuela stated erosion was also an issue.
AMENDMENT TO MOTION: (Nader, agreed to by Second of Motion) to direct staff to return with a lower
cost natural landscaping plan designed to prevent erosion with the understanding that if the homeowners,
Caltrans, or the developer wanted a more expensive plan they could do so at their own expense.
Councilmember Rindone questioned of the $259/year how much was related to the cost for the maintenance of the
slopes in question.
Mr. Lippitt responded the staff estimate was approximately $100/EDU.
Councilmember Moore questioned if the Maker and Second of the Motion would agree to add "for route 125
right-of-way and associated slopes while still deterring erosion of the area". Agreed to by the Maker and
Second of the Motion.
Mayor Nader stated any option would be open to the Council when the report was brought back. He wanted staff
to address the erosion aspect and what had to be done.
Mr. Lippitt stated he had been informed that what had originally been planted on the EastLake slopes was similar
to what was being recommended. The Homeowners Association did have responsibility for the EastLake side and
it was over a period of time that they stopped maintaining the slopes. It was a managed non-maintenance program.
The City would have to get to the tax assessor by 8/10/94, which was a legal deadline. The assessment could be
reduced during the year at a cost of $35 per parcel or the City could write a check to each property.
Mr. Boogaard stated it was critical as it had to be on the tax rolls within a printers time frame.
Minutes
August 2, 1994
Page 12
Councilmember Moore questioned if part of the fee was to build up a 50% reserve.
Mr. Lippitt responded the developer was creating the reserve as the City did not plan to take over the district until
the first of the year. Staff recommended a full years assessment as the law made it subject to a majority protest.
A six month reserve was included in the assessment.
Councilmember Moore questioned if there would be a problem in reducing the assessment by the amount of the
Mr. Lippitt stated that would be approximately half. He preferred to reduce the assessment by the estimated
reduction for the slopes, i.e. approximately $100.
FRIENDLY AMENDMENT TO THE MOTION: (Nader, agreed to by the Second of the Motion) to reduce
the proposed assessment by $100 and have staff return with the report as called for in the original motion.
Councilmember Moore felt it should be tied to the anticipated reduction by reducing the area and maintenance.
Councilmember Rindone stated the homeowners should understand that in order to provide for natural vegetation
and erosion control it would not be a full $100. That figure was unknown at the present time and the reserves
would need to fill that out. There would also be an adjustment the year after next to cover that amount.
VOTE ON MOTION, AS AMENDED: approved unanimously.
Councilmember Moore stated there should be a review on an annual basis in the spring of the number of years
needed to water for natural landscaping.
Mr. Valenzuela stated staff would do that.
RESOLUTION 17600, AS AMENDED, OFFERED BY COUNCILMEMBER MOORE, reading of the text
was waived, passed and approved unanimously. Mayor Nader stated the assessment would be set at $159.00.
Mr. MacTiernan questioned if Council would change the developers process of notifying homeowners of their
obligations.
Mayor Nader stated there was an existing ordinance which required that all assessments be on a separate form, with
red letters of a certain size, notifying homeowners of their obligations. He felt it was a problem of monitoring and
compliance with the law which was stafl's job.
Councilmember Rindone felt a letter should be sent to all developers planning to pull permits within the coming year
advising them of their legal obligations.
* * * Councilmember Fox left the meeting at 7:53 p.m. * * *
20. REPORT JOINT MEETING WITH SOUTHWESTERN COLLEGE BOARD TO
DISCUSS TRANSIT FACILITY PROJECT - The background information is submitted to Council in preparation
for the joint meeting on 8/10/94 with Southwestern College Board to discuss the transit facility project. Staff
recommends Council accept the report. (Director of Public Works)
Mr. Goss stated the meeting had been scheduled for 8/10/94 at 6:00 p.m. in Room 801 at Southwestern College.
The item was on the Council's agenda to: 1) remind Council about the meeting; 2) have Council review the staff
report summarizing the issues; and 3) receive Council input. He then reviewed the issues that would be addressed.
Staff had developed alternatives which they felt the College would consider.
Councilmember Rindone hoped that a middle ground could be found that would provide the needs for service of .
the students and community for the present time and in the future. He felt the staff report and oral report should
Minutes
August 2, 1994
Page 13
address the following issues: 1) last paragraph on page 20-2, i.e. the timing of the development - an assessment
should be done regarding the best analysis as to when that would be, the number of projects that were conceptually
approved similar to Southwestern College, number on the waiting list, projected bond funding on the November
election, projected estimates of how that would be approached; 2) the role the County would play, i.e. would the
$720,000 be available; 3) how many feet east of the current parking lot would be taken up; 4) how to mitigate the
increased costs of the system, i.e. the reduction of services, time delays, etc.
Councilmember Moore stated the two keys were ridership and costs of providing the ridership. They needed to see
how they could agree, and if not, what the next best alternative was. He did not feel he could support additional
buses.
Councilmember Fox stated the College preferred site would result in staffs recommendation to not go forth with
the project. He questioned if the Board realized it would result in the death of transit center project.
Mr. Goss responded the money from the County was currently available and he did not feel it would be available
too much longer. If the City built the transit center so much in advance of the library/resource center it would be
standing alone without the focus of campus activity for 5-10 years. The other option would be to load and unload
passengers on Otay Lakes Road and sometime later, when the center was built and the focus of the campus had
changed, the City could reapply tbr funding for a transit center.
Councilmember Rindone requested that the response to the information he requested also be forwarded to the
College Boardmembers. It was his understanding that if the Board and Council supported the "H" Street site that
the County would not approve funding and they needed that information prior to the meeting.
21. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
A. ORAL REPORT REGARDING LEGAL REMEDIES TO PROPOSED JPA RATE STRUCTURE -
Continued from the meeting of 7/26/94.
Mayor Nader stated that Item 5a would be heard by the Council in cordunction with Item 21.
George Krempl, Deputy City Manager, stated the public hearing had been held by the San Diego Joint Powers
Authority on the differential rates. All non-member cities addressed the authority indicating the unacceptability of
the proposed increase and commitment the non-member cities would have to the NCRRA facility. They also
indicated that a regional approach should be considered and the cities should all work together. A motion had been
approved to: 1) consider two year, five year, and ten year term contracts; 2) bring back variable tonnage rates and
assumptions to see what comparable fees would be; 3) begin formulation of a strategic plan to downsize the system;
4) explore further to find out where Chula Vista was in terms of exploring its options and where the North County
Joint Powers Authority was in exploring its options; and 5) advise the Authority as to the implications and costs if
the only participants in the system were the current members of the authority and costs to member agencies under
that scenario.
Mayor Nader stated the staff reconmaendation for Item 5a indicated the purpose of the meeting, ifapproved, would
be to inform the Authority members that the proposed rate structure was unacceptable and that a contract would not
be entered into by the City. He agreed with both of those statements, but felt they needed to go beyond saying the
obvious, i.e. no to a $253/ton rate, and start discussing what could be worked out through either an interim
arrangement or a new direction for the solid waste system that would reasonably accommodate the City's and rate
payers' needs. Alternatives should also be discussed in terms of getting away from being tied to the history of the
County's solid waste system and not only downsizing the system, but also looking at partial privatization of the
system, private sector alternatives, recycling alternatives. and alternatives outside the jurisdiction of San Diego
County.
Councilmember Rindone stated it was clear that the discussion of the tonnage committed was one issue, but the
commitment of what the County would do if the authority was turned over to the Solid Waste Commission and what
Minutes
August 2, 1994
Page 14
the commitment was for siting of future land fills was another issue. He felt the meeting should be held following
their meeting on August 1 lth.
Mayor Nader stated it was his understanding that at the meeting of August 1 lth they were intending to take action
on what the numbers would be, what the rates would be, contracts of various lengths, etc. Therefore, he felt the
meeting should be held betbre that date so members of their Board could go into the August 1 lth meeting knowing
the City's position was and what the options for negotiations realistically were.
Mr. Krempl stated it was not clear what their intent was for the August 1 lth meeting.
Councilmember Rindone stated there shouId be a preliminary meeting prior to the 1 lth with the understanding that
it may not be a single meeting. Their best action would be to look at what was best for the region.
MS (Nader/Rindone) to delegate Cooncilmembers Fox and Rindone to respond affirmatively to the request
for a meeting; to meet with them as soon as possible to discuss the City's position regarding the DeLoitte
study; the City's position regarding a potential contract with the Regional Solid Waste Authority; and
potential alternatives and information thereon the Solid Waste Anthority might choose to pursue.
Mayor Nader felt the City Manager and City Attorney should be consulted with and included in the meeting. He
volunteered as an alternate.
VOTE ON MOTION: approved unanimously.
22. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff. ~'~
John Lippitt, Director of Public Works, stated the City of San Diego voted to withdraw from the District, but agreed
to suspend the motion for thirty days. If the other agencies that had withdrawn, i.e. three of the four, would sign
the MOU by August 25th they would continue on with District membership. The cities of La Mesa and El Cajon
would be reconsidering in the near future. The County of San Diego did not sign the MOU and did not want to
consider it until the Judge had made a decision. On 8/11/94, at 1:30 p.m. the San District Board would discuss
the issues of membership.
Mr. Goss stated he had received a letter t~'om the City of San Diego City Manager which indicated the Council
action was to withdraw from the District eft~x:tive 8/25/94 unless the City of San Diego received a let~r from each
member agency saying their legislative bodies agreed to remain a member of the District in accordance with the
terms and conditions contained in the current State legislation and the consensus memorandum of understanding as
approved by the District Board at their 6/17/94 meeting. A footnote regarding Chula Vista and El Cajon stated a
letter of agreement from either agency or both would suffice.
Mayor Nader stated he would attend the meeting to see if anything new was being put on the table and, if not, he
may leave the meeting. He had suggested in the past, and the City may want to pursue the idea if the City of San
Diego followed through with their withdrawal, joming with some of the smaller agencies in the region in a district
to do planning over the next twenty years for what would be done when the contract with the City of San Diego
expired.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 5a, 8, 9A, 10, and 11. The minutes will reflect the published agenda order.
OTHER BUSINESS
23. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Mr. Goss stated the Council tour was scheduled for Saturday, 8/13/94 at 8:30 U""
a.m. to 12:30 p.m. It had recently come to his attention the 5th annual EastLake Summer Games program was also
on that date and started at 8:30 a.m.
Minutes
August 2, 1994
Page 15
Councilmember Rindone suggested the first stop be the summer games and then on to EastLake High School and
finish the tour as originally planned. He recommended the tour ge moved back to 8:00 a.m.
b. Mr. Goss stated there would be a community coffee to answer questions and introduce the new area branch
manager for the South Chula Vista Library on Thursday, 8/11/93 from 6:30-8:00 p.m. at the Lauderbach
Community Center.
24. MAYOR'S REPORT(S)
a. Ratificationofappointment: William Virchis - Cultural Arts Commission. Continued from the meeting
of 7/26/94.
MSC (Nader/Horton) to approve the ratification of appointment of William Virchis to the Cultural Arts
Commission. Approved 4-0-1 with Fox absent.
b. RESOLUTION 17590 OPPOSING ANY DELAY IN THE CONSTRUCTION OF THE PRIMARY
TREATMENT PHASE OF THE INTERNATIONAL TREATMENT PLANT AND REQUESTS THAT THE
LOCAL CHAPTER OF THE SIERRA CLUB DROP ITS OPPOSITION TO THE CONSTRUCTION OF
THE MECHANICAL PRIMARY TREATMENT PHASE AND ENTER INTO A NEGOTIATED
SETTLEMENT WITH THE INTERNATIONAL BOUNDARY AND WATER COMMISSION (IBWC) AND
ENVIRONMENTAL PROTECTION AGENCY (EPA) FOR FUTURE STUDY OF ADVANCED
INTEGRATED PONDING SYSTEMS FOR SECONDARY AND TERTIARY TREATMENT PURPOSES -
Continued from the meeting of 7/26/94.
Mayor Nader stated the resolution, with minor editorial changes, was identical to the resolution already adopted by
the Imperial Beach City Council. He felt it was in the City's interest for two reasons: 1) it expressed support for
an item of critical interest for a sister jurisdiction; and 2) what affected the tourist population in one section of the
South Bay had an impact on everyone. He recommended the following changes: 1) third Whereas clause, second
place where "Chula Vista" occurred to replace it with "South Bay"; and 2) on the second page, Clause #2, to
replace the word "demands" with "requests".
RESOLUTION 17590 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved
4-0-1 with Fox absent.
c. Mayor Nader noted that Council had historically missed the National Night Out Against Crime due to
scheduled Council meetings on those dates. It was always on the first Tuesday night of AuSust and he felt Council
should consider a change in the meeting schedule in the future to allow Council participation for at least the first
half hour of the event. He t~lt Council needed to show solidarity with the police department and citizens in the
community trying to make it a safe city.
25. COUNCIL COMMENTS
Councilmember Horton
a. Legislative Committee items for Council consideration:
· OPPOSE SB 845 (Rogers) Enterprise Zones
· SUPPORT SB 1779 (Bergeson) Graffiti Prevention
MSC (Horton/Moore) to uppose SB 845 (Rogers) Enterprise Zones, approved 4-0-1 with Fox absent.
MSC (Horton/Nader) to support SB 1779 (Berges0n) Graffiti Prevention, approved 4-0-1 with Fox absent.
Councilmember Moore
b. Potential Motion: When an item is being considered by staff tbr Council action that involves the business
community, the Chamber of Commerce will be invited to participate in the associated workshops leading to a
report/ordinance/resolution and Council action. Ref: minutes of August 24, 1982 and October 5, 1982 Council
Meetings.
Minutes
August 2, 1994
Page 16
Excerot: Council Meeting,. August 24. 1982
MSUC (Moore/Cox) that when staff is considering changes to the streets' usage, that they maintain a
liaison with the Chamber of Commerce while still in the planning stage.
Excerot: Council Meeting, October 5. 1982
MSUC (Moore/Malcolm) that in the future any items being ret~rred to the City Council that affect the
business community that staff send those items to the Chamber of Commerce for their input and also to
any committee or commission concerned.
Councilmember Moore stated there was no formal policy drafted in order to implement the motions approved on
8/24/82 and 10/5/82.
MS (Moore/Nader) when an item is being considered by staff for Council action that involved the business
community, the Chamber of Commerce would be invited to participate in the associated workshops leading
to a report/ordinance/resolution and associated Council action.
Mayor Nader stated it was his understanding that a motion passed by Council was policy unless there was a legal
reason that something more was needed. He supported the concept of getting input from the Chamber on business
issues, but did not feel it should be limited to the Chamber.
Mr. Goss requested clarification of the motion, i.e. if it meant the Chamber would only be invited to participate
on those items that had workshops or if there was a business item that staff needed to create a workshop. Meetings
were not necessarily held on the item until it went to Council. Staff met with representatives from the Chamber
earlier in the year and gave them a list of projects and business issues for the next six months.
Sid Morris, Assistant City Manager, stated staff had met with the interim director of the Chamber who had
expressed concern and interest on knowing what was happening in the City and having more participation. Staff
promised to provide them with a greater opportunity and explained the City's process of how information was
released, wh , and the timing of the releases. The compromise reached was that the City would provide the
Chamber wit~ a listing of all issues in the City for the next six months. The Chamber then informed staff of those
issues they had an interest. Since that meeting staff had pulled items from the agenda at the Chamber's request.
A similar meeting had not been held with the new director and from Council's comments he felt it was appropriate
to have a similar meeting with him and update the six month list provided.
MOTION WITHDRAWN BY THE MAKER AND SECOND.
MS (Moore/Rindone) to direct staff to formulate an official policy as it pertained to the Council motion of
10/5/82, approved 4-0-1 with Fox absent.
Mayor Nader felt the City Manager and Mayor should, on a regular basis, have a joint workshop presentation at
which the Chamber, and other groups with an ongoing interest in the community, be invited to be briefed on issues
and allowed to notify staff as to those items they wanted advance notice.
Councilmember Rindone
c. Councilmember Rindone stated there were too many last minute documents being placed on the dais before
each Council meeting as it was not conducive to good decision making on the part of the policy makers. When the
issue was addressed several months ago staff had been very pro-active, but he felt they had stared to slide again
and hoped they would be very attentive in not doing everything at the last minute. If items were late they should
be put on the agenda for the next week.
Sid Morris, Assistant City Manager, stated staff respected Council's comments and would continue to strive to
present a more complete agenda to Council on Thursdays.
CLOSED SESSION
Council recessed at 8:38 p.m. and reconvened at 11:03 p.m.
26. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Anticipated litigation pursuant to Government Code Section 54956.9
Minutes
August 2, 1994
Page 17
· City vs. Solid Waste Management JPA (discriminatory rate structure).
27. 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 Employees Association (CVEA), Western Council of
Engineers (WCE), Police Officers Association (POA), and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
28. REPORT OF ACTIONS TAKEN IN CLOSED SESSION No final actions were taken in Closed
Session.
ADJOURNMENT
ADJOURNMENT AT 10:20 P.M. to the Regular City Council Meeting on August 9, 1994 at 6:00 p.m. in the City
Council Chambers.
A Meeting of the Redevelopmerit Agency convened at 8:38 p.m. and adjourned at 9:55 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Deput;~Glerk