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HomeMy WebLinkAboutcc min 1994/08/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 9, 1994 Council Chambers 6:09 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Hotton (left the meeting at 7:49 p.m. and returned at 8:18 p.m.), Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, 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 MINUTES: August 1, 1994 (Special Meeting) and August 2, 1994. MSUC (Rindone/Fox) to approve the minutes of August 1, 1994 and August 2, 1994 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation declaring August 9, 1994, Citizens Adversity Support Team (CAST) Day. The proclamation was presented by Mayor Pro Tem Hotton to Emerald Randolph, Program Director for CAST. b. Oath of Office: William Virchis - Cultural Arts Commission; Catherine Radcliffe - Parks and Recreation Commission; and, John Willett - Growth Management Oversight Commission. The Oath of Office was administered by City Clerk Authelet to John Willett. c. Mayor Nader announced the Healthy Kids Fair would be on August 27, 1994 from 10:00 a.m. - 2:00 p.m. at Vista Square Elementary. He requested that it be agendized for the next meeting with notification to the Director of the South Bay Red Cross. CONSENT CALENDAR (Items pulled: 6, 7A, and 11) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. 5. VVRITTEN COMMUNICATIONS: a. Letter requesting that Southwestern College and the City of Chula Vista maxlmize their efforts in drowning prevention by increasing swim instruction and practice - Mr. and Mrs. Paul Webb, 1324 Yorba Ct., Chula Vista, CA 91910. It is recommended that the Council direct staff to continue to meet with Southwestern College to maximize pool use by the City for swimming classes. Councilmember Rindone t~lt the issue was of common interest for the City and the College. When Council had requested to meet with Southwestern College it was no to be just exclusive of the transit center issue, but any issues of common interest. He questioned if it was too late to amend the agenda for the 8/10/94joint meeting. Minutes August 9, 1994 Page 2 Mr. Boogaard responded it could be a necessary item if the business could not wait until the next scheduled joint meeting of which there was none. It could qualify with four affirmative votes of each legislative body. If the matter arose after the preparation of the agenda it would aid that determination. Mayor Nader suggested the issue be addressed at the joint meeting and if they did not have that opportunity, they had asked the Board for joint meetings in the future and suggested the item be agendized for a future meeting. He requested staff contact the College so they could be prepared to address the issue at the meeting. 6. ORDINANCE 2598 AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND RESCINDING ORDINANCE NUMBER 2591 (first readira!) - On 5/3/94, Council adopted Resolution 17467, declaring the City's intent to amend its contract with the Public Employees' Retirement System (PERS) to include the optional benefit known as Military Service Credit as Public Service for local miscellaneous and local safety members. On that same date, an ordinance was placed on first reading to begin the amendment process, then placed on the 5/10/94 agenda for adoption. PERS law requires a period of at least twenty days between the first reading and adoption of an ordinance to amend the contract. In order to amend the contract, as agreed with the employee associations, Ordinance 2591 must be rescinded and a new ordinance placed on first reading, then adopted at least twenty days later. Staff recommends Council place the ordinance on first reading. (Director of Personnel) Pulled from the Consent Calendar. · Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, felt the amendment would have a greater impact on the taxpayers than the report indicated. Candy Boshell, Director of Personnel, responded the amendment would allow an employee, at their own cost, to purchase up to a maximum of four years credit based on their military service and not beyond the four years. ORDINANCE 2598 PLACED ON FIRST READING BY COUNCILMEMBER MOORE, reading of the text was waived. Ms. Boshell stated the City Attorney had been consulted regarding the item and it was his direction that it be rescinded and docketed a second time. Staff had checked the retirement applications and PERS and due to the length of time it would take to implement a retirement there would be none that would be affected. VOTE ON ORDINANCE 2598: approved unanimously. 7.A. RESOLUTION 17601 ACCEPTING THE STATE OF CALIFORNIA USED OIL OPPORTUNITY GRANT NUMBER UOOG-93-338-37 AND USED OIL BLOCK GRANT NUMBER UBG2-93-430-37 TO ESTABLISH A USED OIL RECYCLING AND PUBLIC EDUCATION PROGRAM - Oil sales and recovery records indicate that approximately 250,000 gallons of used motor oil are improperly disposed of in the greater Chula Vista area annually. Improper disposal includes disposal in storm drains and on open ground which pollutes our watershed, threatens wildlife and destroys their habitat. In May 1994, Council authorized a $270,300 Used Oil Opportunity Grant application. A $101,550 Block Grant application was also authorized in June 1994 to be submitted to the California Integrated Waste Management Board. Resolutions with both grant applications authorized the City Manager to execute the contracts. The City has now been notified of full awards for both grant requests. Staff recommends approval of the resolutions. (Administration) Pulled from the Consent Calendar. Councilmember Rindone stated the report should have included the primary focus which was to establish thirty used oil recycling centers. He questioned how much money was set aside for public education in high school auto shop classes. Minutes August 9, 1994 Page 3 Michael Meacham, Conservation Coordinator, responded that a specific amount of money had not been set aside for high school auto shop classes. There was a component of the Urban Corps proposal which would offer technical assistance to auto shop classes. * * * Councilmember Horton left the dias at 7:49 p.m. * * * RESOLUTION 17601 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Horton absent. B. RESOLUTION 17602 AMENDING FISCAL YEAR 1994/95 BUDGET TO INCLUDE THE USED OIL RECYCLING AND PUBLIC EDUCATION PROGRAM AND ADD TWO TEMPORARY, PART-TIME POSITIONS (.7 STAFF YEAR) IN UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT AND RECYCLING PROGRAMS AND APPROPRIATING FUNDS THEREFOR - 4/Sth's vote required. Approved on the Consent Calendar. 8. RESOLUTION 17603 WAIVING THE COMPETITIVE BIDDING PROCESS, APPROPRIATING $9,800 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND, AND AUTHORIZING THE PURCHASE OF A 1995 FIRE SAFETY HOUSE TRAVEL TRAILER FROM SERRO SCOTTY R.V., IRWIN, PA - Over the past year, the Fire Department has been raising funds throughout the community for the purchase of a 28-foot "Fire Safety House" to be used as a fire prevention educational tool for the Chula Vista community. To date, $25,288 of the $35,100 needed for the purchase of the trailer has been raised from non-City fund sources. The request would fund the remaining $9,800 from the City's General Fund. Staff recommends approval of the resolution. (Fire Chic1) 4/Sth's vote required. 9. RESOLUTION 17604 ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND APPROPRIATING SAID DONATED FUNDS TO PURCHASE COMMUNICATIONS EQUIPMENT FOR THE POLICE DEPARTMENT'S SPECIAL WEAPONS AND TACTICS TEAM - The Police Department recently received an unsolicited $3,000 donation from the North Island Federal Credit Union. The donation is designated to fund the purchase of advanced communications equipment for the Special Weapons and Tactics Team. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. I0. RESOLUTION 17605 ACCEPTING DONATION OF A MICROCOMPUTER SYSTEM FROM DIXON RICE AND DAVID BRAUNSTEIN - On 7/29/94, Dixon Rice and David Braunstein donated a microcomputer system to the Police Department. They are local businessmen interested in assisting the Police Department automate operations. The microcomputer system includes a 386-SX processor, keyboard, mouse and color monitor. Staff recommends approval of the resolution. (Chief of Police) 11. RESOLUTION 17606 APPROVING AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES, INC. (COMMUNITY DEVELOPMENT PROGRAM), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS THEREFOR - South Bay Community Services provides numerous social services to the community. Over the past four years the organization has expanded its scope of services to include community development activities which include neighborhood revltalization, low income housing development, and economic development aimed at low income residents. The agreement allows for the continuation of those activities. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. Pulled from the Consent Calendar. · Ed Martija, 1649 Dartmouth Street, Chula Vista, CA, spoke in support of the agreement with South Bay Community Services, Inc. He limit the agency was singular as they did not perpetuate assistance, but enabled individuals to help themselves and get on with their lives. Minutes August 9, 1994 Page 4 · Dun Marcus, 3 15 Fourth Avenue #E, Chula Vista, CA, representing South Bay Community Services, spoke in support of the agreement. He gave a brief review of the programs and accomplishments over the last three years. Councilmember Moore questioned what the $57,000 would be allocated for and if the request had gone through the competition process with other requests for CDBG funding. Mr. Marcus responded it would be for staff salaries, i.e. director and intern. Juun Arroyo, Housing Coordinator, responded it had been recommended that the project be funded through Home Program funds. Mayor Nader questioned if there were other requests submitted that would have been eligible to compete for the Home Program funds. Mr. Arroyo responded there were no other specific proposals for those funds. Chris Salomone, Director of Community Development, informed Council when the Home funds were received they came with a directive that they be spent expeditiously to produce housing. Staff had been trying to find eligible activities to use those funds expeditiously. Because it was an on-going project and eligible staff felt the utilization of the Home Program funds would free up CDBG social service funds. Councilmember Moore questioned if the service was a duplication of what Community Development was charged to do. Mr. Salomone responded that staff worked in tandem with South Bay Community Services on some of the activities. SBCS complimented what Community Development did as the City did not have the staff, ability, or non-profit status which was required for Home funds. · Kathy Lembo 315 Fourth Avenue, Chula Vista, CA, representing South Bay Community Services, stated as a non-profit they also brought in private and corporate funding the City could not do as easily. They did apply through the block grant process, but since it was eligible for Home funding, it was switched over to the Home program. Councilmember Rindone stated the list of projects and proposals SBCS funded and coordinated in the City was extensive. He was concerned that SBCS was doing so many things and that if there was a change in leadership, the City could be in a difficult situation. He did not have a problem with the item, but felt the City should not rely on a single organization to provide those additional services. Other agencies should be nurtured also. Ms. Lembo responded SBCS had department directors with numerous years of experience that could take over the leadership of the organization. They also had a very committed Board and community volunteers. If she left, the organization would continue to go on. The City did provide a lot of support and assistance to SBCS, but that was levemged with so much outside money that would not be there otherwise. RESOLUTION 17606 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Horton absent. 12. RESOLUTION 17607 APPROVING A GRANT REQUEST IN THE AMOUNT OF $55,100 TO CALIFORNIA ADOLESCENT NUTRITION AND FITNESS (CANFit) PROGRAM - In May 1994, a "letter of intent" was submitted by the Parks and Recreation Department on behalf of the Chula Vista Youth Coalition in response to the CANFit Program's Community-Based Funding Initiative. The Initiative is seeking innovative nutrition/fitness education projects targeting low-income, multi-ethnic adolescents (10-14 years of age) in California. On June 10th, the Department was notified that its letter of intent was approved by CANFit and the City was invited to submit a full proposal by 7/15/94. A total of $55,100 was requested for an initial 12-month period to improve Minutes August 9, 1994 Page 5 health-related behaviors of youth in Chula Vista through innovative culturally and linguistically appropriate programming. Staff recommends approval of the resolution. (Director of Parks and Recreation) 13. A. RESOLUTION 17608 QUITCLAIMING IN FEE A PORTION OF LOT 4, MAP 12999 TO LAURA ALISON-SANIBELLE PARTNERSHIP, L.P., AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED ON BEHALF OF THE CITY - On 11/9/93, Council approved a boundary adjustment for the Sanibelle development to adjust the lot line common to Lot 4 of the subdivision and the adjacent City-owned Open Space, Lot D. The developer granted in fee, a portion of Lot 4 to the City and the City executed a deed granting a portion of Lot D to the developer. However, the condominium plan filed by the developer with the State Real Estate Office, and not processed through City staff and recorded by the County Recorder did not reflect the adjustment. Since most of the condominium units within Lot 4 have been sold, it would now be quite difficult to process and file an amended condominium plan. The developer would like to reverse the exchange of property and record reciprocal maintenance easements between the City and the Sanibelle Condominium Association. In addition, an encroachment permit for wrought-iron fence on City Open Space land would need to be approved. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17609 GRANTING AN EASEMENT FOR MAINTENANCE PURPOSES OVER A PORTION OF LOT D OF MAP 12757 TO THE SANIBELLE CONDOMINIUM ASSOCIATION AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE CITY C. RESOLUTION 17610 APPROVING AN ENCROACHMENT PERMIT FOR WROUGHT-IRON FENCE ON CITY OPEN SPACE PROPERTY AND AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO EXECUTE SAME ON BEHALF OF THE CITY 14. RESOLUTION 17611 APPROVING ENCROACHMENT PERMIT NUMBER PE-309 FOR MONUMENT SIGN AT 374 "H" STREET AND AUTHORIZING CITY ENGINEER TO ISSUE SAME - Gil Turollois, the owner of the medical offices building at the southwest comer of "H " Street and Glover Avenue, has requested an encroachment permit to construct a monument sign within the City's right-of-way. According to Section 12.28.020 of the Municipal Code, Council must consider approval of the request. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS None. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 15. REPORT UPDATE OF SOLID WASTE ISSUES AND CONSIDERATION OF CITY'S OPTIONS FOR LOCAL ENFORCEMENT AGENCY (LEA) DESIGNATION AND CERTIFICATION - Under AB939, cities are required to designate a certified LEA to handle all of the solid waste permitting and enforcement needs within the cities' boundaries. The City's currently designated LEA is the County Department Minutes August 9, 1994 Page 6 of Health Services. The City now has a potential interest in building a solid waste transfer station within the City limits for the purpose of sending waste to a land fill other than those in the nearby County-owned system. The report explains the City's options with regard to changing the current designation, discussing them in terms of pros, cons and estimated costs. It is recommended that Council direct staff to: (1) Prepare and issue a Request for Proposals for Type 'C" (transfer and processing stations, materials recovery facilities, and composting facilities) permitting and enforcement services from a qualified LEA; and (2) Report back within 60 days with specific recommendations to include: (a) evaluation of proposals and viability of executing a contract with another LEA, (b) withdrawal notice for the current designation, and (c) status report on the future schedule for being able to pursue LEA certification based on the transfer station should the City so desire. (Deputy City Manager Krempl) Councilmember Fox requested clarification of the staff recommendation, i.e. page 15.4 which reconunended that things be put on hold and page 15-1 which recommended the issuance of a RFP for Type C with a report back to Council in 60 days. He further questioned if staff was recommending the City either designate themselves as the LEA or contract out with another designated LEA and not use the County Department of Health Services in the process. Stephattie Snyder, Principal Management Assistant, responded page 15-4 only referred to one of the City's options, i.e. the strategy to aggressively move out and start approaching self designation. One of the City's other options would be to contract with a local enforcement agency (LEA) that was already certified. If an RFP was issued it was an opportunity to receive data, cost information, and a better feel as to whether it made more sense to contract with another agency at the present time. The present recommendation was to gather more data with staff returning within sixty days. At that point staff would feel more comfortable in making a recommendation. Councilmember Fox questioned what the consequences would be of going with an LEA out of the area. Ms. Snyder responded the consequences of distance would be fleshed out in the RFP process. Distance would be reflected in the cost for transport and time. Councilmember Rindone stated he support a shorter time frame of 45 days rather than 60 days. He questioned if the staff recommendation was adopted if it would be realistic to have staff report back in 45 days. Ms. Snyder responded staff could get the RFP developed, distributed, and receive responses within 45 days, but she was concerned with time to bring the report back to Council. Staft~s intent was to bring the report back sooner than 60 days, but she did have a concern in committing to 45 days. Councilmember Rindone reported on the meeting of the Council subcommittee (Rindone/Fox) and representatives from the Solid Waste Commission. The purpose of the meeting was to indicate the City was on a fast track proposal to site a transfer station and to do everything possible to find a viable alternative to the trash situation and an economic means to keep the rates as low as possible. The City also indicated that at no time had they done anything that would preclude consideration of a realistic proposal for County tipping fees if it should be made available. Two conditions were placed on any attempt to look at a long term contract, i.e. 1) terminating the operation of the NCRRA plant; and 2) the responsibility of siting landfills. Mayor Nader questioned if specific rates had been offered by the Regional Authority. Councilmember Rindone stated they had not offered specific rates. The result of Thursdays meeting would be their official rates and the cities would either take it or leave it. Councilmember Moore stated because one agency did not serve the way the City felt it should as it pertained to solid waste management did not mean they would not be a reliable, trustworthy, professional LEA which for permitting and enforcement. He questioned the cost to the City fur an RFP. Ms. Snyder stated there would be no additional cost over and above appropriated funds. Mayor Nader felt Council may want to authorize staff to move forward with initiating the process at some point after the 8/I 1/94 meeting. II Minutes August 9, 1994 Page 7 Councilmember Horton stated it was her understanding that other than staff time the RFP would not cost the City additional revenues. Councilmember Moore stated the consultant would cost the City money. Ms. Snyder stated it was a time and materials contract, not a project contract. The hours the consultant would be giving to assist in the project were not over and above the appropriated funds. Mayor Nader stated the concern was that if additional work was needed in the future, and the hours had been consumed in working on the RFP, it could result in the issuance of a new contract, change order, etc. to get further work done. Councilmember Rindone stated one of the elements of the contract was that specific aspect. Staff had shared that with Council at the time of adoption. He felt the City needed to move forward and not give the impression the City was not serious about an alternative. Mayor Nader questioned whether staff or Council representatives had, on the trash issue, conveyed with or communicated with the Solid Waste Authority, in any form, the potential for regional use of a possible transfer facility or other facilities that the City or its contractor was working on. George Krempl, Deputy City Manager, responded there had not been communication with the Solid Waste Authority, per se, but staff had those discussions with sister non-member cities and with the contractor. MOTION: (Nader) to amend the staff recommendation: 1) delay the effective date until 8/12/94 in order to see what the Regional Authority did with the rate proposal and give staff authorization as of that date to go forward or report back to Council (at staff's discretion); and 2) direct staff to communicate with the Regional Authority, specifically concerning the progress the City had made towards the potential siting of a transfer station and make it clear to the Authority the use of the transfer station was not necessarily intended by the City, should it go forward, to exclude members of the Authority; and to offer the possibility of a partnership with the Authority on the siting, operation, and use of the transfer facility. Motion died for lack of second. Councilmember Fox felt Councilmember Moore had valid questions. He was uncertain whether it was a matter of trust with the County, but it had been clear at the meeting that the County had a lot at stake, i.e. if the Authority and solid waste system fell apart the County's General Fund was in jeopardy. Therefore, they would not want the City to go out on its own. The City needed to continue to explore its options. MS (Fox/Nader) to support staff recommendations 1 and 2 as listed on page 15-1, i.e. direct staff to: (1) Prepare and issue a Request for Proposals for Type "C" (transfer and processing stations, materials recovery facilities, and composting facilities) permitting and enforcement services from a qualified LEA; and (2) Report back within 60 days with specific recommendations to include: (a) evaluation of proposals and viability of executing a contract with another LEA, (b) withdrawal notice for the current designation, and (c) status report on the future schedule for being able to pursue LEA certification based on the transfer station should the City so desire. Mr. Goss suggested staff be directed to talk with and collect inlbrmation from the LEA regarding their independence from the County. The Department of Health Services was more of an arm of the State, but there was some coordination by the Board of Supervisors. SUBSTITUTE MOTION: (Rindone, agreed to by the Maker and Second of original motion) to include the original motion and in addition direct staff to work with the County to gather input and recommend alternatives to the County with a target of 45 days versus 60 days. Approved unanimously. MSC (Nader/Moore) to direct staff to meet with representatives the Regional Authority regarding the City's readiness to work with them in a cooperative fashion on the siting process initiated by the City for a south county transfer facility with an effort toward reducing costs through mutual cooperation. Approved 4-1 with Rindone opposed. Minutes August 9, 1994 Page 8 16. RESOLUTION 17612 ACCEPTING BID AND AWARDING CONTRACT FOR "SEWER REHABILITATION - PHASE V IN THE CITY (SW-115)" - On 7/13/94, sealed bids were received for "Sewer Rehabilitation - Phase V in the City (SW-115)." The work to be done includes excavation and grading, asphalt concrete pavement, crushed aggregate base, trench shoring, traffic control, installation of eight inch sewer mains, lining existing sewers using spiral-wound profile ribbed PVC pipe, rehabilitation of existing manhole, and other miscellaneous work shown on the plans. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17612 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed and approved unanimously. 17. REPORT REQUEST FOR TEMPORARY WAIVER OF FEES FOR PROPOSED FARMERS MARKET AT BONITA VILLAGE CENTER - On 8/2/94, Council directed the request for waiver by Carolyn DiCerchio be placed on the agenda for discussion and possible action. Staff recommends Council accept the report. (Director of Planning) MS (Moore/Rindone) to approve the staff recommendation to take not action at the present time and refer the item to staff for further evaluation. Mayor Nader questioned whether Ms. DiCerchio was notified of the meeting. Ken Lee, Assistant Director of Planning, stated it was his understanding that she had been contacted. Staff had only received a phone call inquiry regarding the fee waivers and had not received a site plan or additional information from the applicant. Staff was uncertain as to where the farmers market was in the shopping center and what they were proposing. The authority for fee waiver was at the City Manager's discretion. Councilmember Horton expressed concern that another farmers market would adversely affect the efforts of the Downtown Business Association. Mayor Nader questioned what staff's intent would be if the staff recommendation was adopted. Mr. ~ stated staff would contact the applicant and give them the criteria in which the City Manager would consider the fee waiver and, in addition, if they wished to pursue the use permit, staff would process that and notify Council of that processing. SUBSTITUTE MOTION: (Nader/Moore) to direct staff to contact the applicant and give them the criteria in which the City Manager would consider the fee waiver and in addition, if they wished to pursue the use permit, staff would process that and notify Council of that processing. Councilmember Rindone questioned whether the Downtown Business Association had received a waiver of fees. Chris Salomone, Director of Community Development, responded the DBA had been given a waiver of fees based on the fact that they were non-profit and in a redevelopment area. There was also a waiver of business license fees for the merchants participating in the certified farmers market. Councilmember Moore felt a decision should be easier than it had been for the DBA as they would be utilizing private property, not government property. Councilmember Hotton expressed concern regarding the parking for the existing businesses and those attending the farmers market. VOTE ON MOTION: approved unanimously. 18. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will be given by staff. II Minutes August 9, 1994 Page 9 John Lippitt, Director of Public Works, stated there would be a meeting on Thursday to consider the membership in the regional district. He had received a report from the District Director which gave reasons why the District should continue. He was currently working on responses raised in the report. Mayor Nader reported the County Board of Supervisors voted to reconsider their position at their 9/20/94 meeting and requested specific cost comparison infbrmation for sewage districts contained within the County. Councilmember Moore stated Chula Vista was in the best position in the South Bay to use a reclamation plant and felt the City should notify the other agencies of the City's intent, which would assist the system if built. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 6, 7A, and 1 I. The minutes will reflect the published agenda order. OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss informed Council the tour had been scheduled for Saturday at 8:00 a.m. The joint meeting with Southwestern College was on Wednesday at 6:00 p.m. in room 801 at the College. 20. MAYOR'S REPORTfS) a. Ratification of appointment: Jennifer Ayer - Youth Commission; and, Robert Fisher - Resource Conservation Commission. MSC (Nader/Fox) to ratify the appointment of Jennifer Ayer 1o the Youth Commission and Robert Fisher to the Resource Conservation Commission. Approved 4-0-1 with Horton absent. b. State legislation restricting the utilization of revenues from bus advertising. Mayor Nader stated the intent of his item was to add an item to the legislative program to remove the existing restrictions on the utilization of the revenues from bus advertising. The effect of the State restriction was that it encouraged cities to not allow private advertising that generated revenues because the cities could not use those funds for the purpose they desired. The taxpayers received a bad deal because they either paid the bill for those services or the services were not offered. MS (Nader/Fox) to add an item to the City's State legislative program supporting the introduction and passage of legislation, at the next session, that would remove restrictions on the utilization of revenue by a city for specified programs derived from private sector bus advertising. Mayor Nader felt the local government should be able to derive revenue and use it as they wished. It was his intent that any legislation that liberalized the current policy and helped to create a new and usable revenue source should be supported. * * * Councilmember Horton returned to the dins at 8:18 p.m. * * * VOTE ON MOTION: approved 4-1 with Rindone opposed. c. Mayor Nader stated he had recently received his statement from the County Assessor which stated his assessed value had increased 1%. It was his understanding that Proposition 13 only allowed up to 2% and that the 2% was a cap and it was not supposed to go over the actual market increase. It was not his impression that property values for existing residential properties went up within the last year. He questioned whether they were allowed to make up for past years. Minutes August 9, 1994 Page 10 Mr. Boogaard responded they could go up to the old prior level in a single move, but not greater than 2% in a year. 21. COUNCIL COMMENTS Councilmember Moore a. Councilmember Moore stated staff was reviewing programs as per cost, i.e. open space districts, Water Task Force reviewing water meters that were only used for fire protection, the sewer fee for a vacant residences and comparison to electrical and water needs. He felt those were the types of programs that staff should review on a regular basis, i.e. how to provide services at a better rate. Councilmember Horton b. Referral to staff to evaluate appropriate staffing in the City Attomey's Office. Councilmember Horton pulled the item for a later date. Councilmember Rindone c. Councilmember Rindone congratulated staff on their efforts in reducing the information placed on the dias before the Council meeting. d. Councilmember Rindone requested that all intbrmation presented to Council over the last week, regarding the joint meeting with Southwestern College, be organized in a packet, numbered sequentially, and available to Councilmembers and Governing Boardmembers at the joint meeting. In the past, there had been a practice of providing reserved parking slots for officials at joint meetings and he hoped that would be possible at Southwestem College. He would be officiating at the graduation ceremonies for all summer school programs and there was a possibility that he would be late for the joint meeting. CLOSED SESSION Mayor Nader stated Councilmembers had received on Friday a letter making certain statements and allegations which under the opinion of the City Attorney created a need for immediate action. He had advised Council the item should be discussed under Closed Session. MSUC (Nader/Fox) to add to Closed Session: Conference with Legal Counsel regarding anticipated litigation pursuant to Subdivision B of Section 54956.9B(1) of the Government Code and Personnel Evaluation of the City Attorney; there was a need to take immediate action; and, that action came to the attention of the Council subsequent to the agenda being posted. MSUC (Nader/Fox) to find the item of business was being discussed under authority of Government Code Section 54956.9B(1); and, a point had been reached where in the opinion of the legislative body of the City Council and on the advice of the City~s legal counsel, based on existing facts and circumstances, there was significant exposure to litigation against the City. MS (Nader/Fox) to find that under Government Cnde Section 54956.9 to identify the perspective litigation at the present time would jeopardize the City's ability to conclude settlement negotiations and need not be disclosed. Councilmember Rindone requested clarification of the motion. Mr. Boogaard responded the Brown Act permitted that if the disclosure of the parties or the facts or circumstances for the Closed Session could jeopardize the City's position in the existing litigation it was not necessary to disclose. Minutes August 9, 1994 Page 11 Mayor Nader stated Council had taken such action in the past without announcing the Government Code Section and making an explicit finding to that affect, under the authority of that section, and questioned if it was a new requirement. Mr. Boogaard responded that it was a more precise way of doing what Council had done in the past. VOTE ON MOTION: approved unanimously. * * * Council met in Closed Session at 8:00 p.m. and reconvened at 12:44 a.m. * * * 22. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · John Hancock vs. the City of Chula Vista. 2. Anticipated litigation pursuant to Government Code Section 54956.9 · City vs. Solid Waste Management JPA (discriminatory rate structure). 23. 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. 24. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 · Property: School District property next to Community Hospital Medical Center. Negotiating parties: John Goss. Under negotiation: Potential acquisition of site for Veterans Home. 25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No formal actions were taken in Closed Session. ADJOURNMENT ADJOURNMENT AT 12:45 A.M. to a Joint Meeting of the City Council/Southwestern College Governing Board on August 10, 1994 at 6:00 p.m. in Room 801 at Southwestern College, thence to a Council Tour on Saturday, August 13, 1994 at 8:00 a.m., and thence to the Regular City Council Meeting on August 16, 1994 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderqulst, Deputy ~lerk