HomeMy WebLinkAboutcc min 1994/09/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, September 20, 1994 Council Chambers
6:00 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox (arrived at 6:18 p.m.), Horton, Moore, Rindone, and
Mayor Nader
ALSO PRESENT: George Krempl, Deputy City Manager; Bruce M. Booguard, City Attorney; and
Beverly A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: September 6, 1994 (Special Joint Meeting of the City
Council/Redevelopment Agency) and September 13, 1994 (City Council Meeting).
MSC (Rindone/Moore) to approve the minutes of September 6, 1994 and September 13, 1994 as presented.
Approved 4-0-1 with Fox absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Viviane Marquez - Resource Conservation Commission. The Oath of Office was
administered by City Clerk Authelet to Viviane Marquez.
b. Sunset Film Festival: Report by Producer Andy Friedenberg on this year's festival which featured two
nights in Chula Vista. Mr. Friedenberg informed Council that the Port District had cut back on funding requests
and expressed his concem that if the Port District continued their reduction of funds it could result in discontinuance
of the Sunset Film Festival in the South Bay. He requested that Council ask the Port for continued funding for the
Festival.
Councilmember Rindone felt the Mayor's Office should send a letter requesting reconsideration of funding and
recommending allocation next year.
c. Proclaiming Saturday, September 24, 1994, as COASTAL CLEANUP DAY. The proclamation was
presented by Mayor Pro Tern Herton to Dr. Stephen Neudecker, Executive Director of the Chula Vista Nature
Center.
CONSENT CALENDAR
(Items pulled: 5a and 7)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER HORTON, reading of
the text was waived, passed and approved unanimously.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting contribution of four used police cars for the City of Tijuana. Sergio Lujan, P. O.
Box 432154, San Ysidro, CA 92143. It is recommended that staff be directed to communicate with representatives
from the City of Tijuana regarding the request and to negotiate the transfer of any or all of the four vehicles in
exchange for not less than fifty percent of the average estimated salvage value indicated previously for each vehicle.
Pulled from the Consent Calendar.
Minutes
September 20, 1994
Page 2
Mayor Nader stated he was concerned with the wording of the staff recommendation. It could be that 50% of the
salvage value was reasonable to ask for, but he did not went to specify that it was not to be less then 50 % of salvage
value. He felt it was a terse reply end it was unknown if the City would get that much enywhere else.
MS (Nader/Mooce) to direct staff to contact the officials in Tijuana and discuss the item and report back to
Coundl with any proposed action.
Councilmember Moore did not feel the item needed to be brought back for Council review. If staff could negotiate
around 50 ~$ he did not feel it should be brought back. If they did not negotiate 50% it should be salvaged per the
City's procedure.
AMENDMENT: (Nader/Moore) to direct staff to provide an informational memo to Courtall or ngendize at
staff's discretion.
Councilmember Rindone stated Council had a responsibility to the taxpayers. An assumption of enything less then
50% would not be apprepriate. 5taffshould be given autho~ty tobe able to work cooperatively with the item being
brought back i f there was not at least a value of 50 %. If staff received 50 % or better it would not be brought back
to Council.
SUBSTITUTE MOTION: (Rindone/Moore) direct stoffto negotiate the sale of the police cars and if$0% of
value was obtained staff was authorized to proceed with the sale, if not, staff would bring the offer back to
Courtall for consideration. Approved unanimously.
b. Letter requesting "Conference with Labor Negotiators" be agendized under Public Hearings on the
City Council ngenda. Joseph W. Garcia, The People's Lobby, 484 Fifth Avenue, Chula Vista, CA 91910. It is
recommended that Council receive and file the letter.
Mayor Nader stated he had asked the City Clerk to chenge the 'Oral Communications' explenation on the agenda
so it would reflect that a citizen was entitled to address items that were on for 'Closed Session' as well as items
that were not on the agenda.
* * * Councilmember Fox arrived at 6:18 p.m. * * *
c. Letter requesting use of space vacated by the Downtown Business Association for a work area for the
Chula Vista Heritage Museum. Frank M. Roseman, Museum Manager, Chula Vista Heritage Museum, 360 Third
Avenue, Chula Vista. CA 91910. It is recommended that this request be referred to the Library end Community
Development staff to discuss the Museum end Downtown Business Association representatives and return to Council
with a recommendation.
d. Letter requesting authorization to place art feature on East Orange Avenue right-of-way. Michael
Schnorr, 730 First Avenue, Chula Vista, CA 91910. It is recommended that staff be directed to issue a temporary
encroachment permit for this art feature.
6. ORDINANCE 2604 AMENDING ORDINANCE NUMBER 2251, AS AMENDED, TO PROVIDE
FOR A PROCEDURE FOR REDUCTION AND/OR DEFERRAL OF THE TRANSPORTATION DIF FOR
SHORT TERM, INTERIM FACILITY USERS (second reading and adoption) - At the 9/6/94 Council Meeting,
Council directed staff to prepare a policy for the deferral of Transportation DIF end other capital-type fees for
interim uses where the life of the capital facility is expected to be substantially longer then the enjoyment of that
facility would allow by the natural life expectancy of the payor. The resolution proposes such a policy end approves
a deferral agreement with Bonita Country Day School pursuant to said policy. Staff recommends Council place the
ordinenee on second reading and adoption. (Director of Public Works)
7. RESOLUTION 17660 ACCEPTING BIDS AND AWARDING CONTRACT FOR LANDSCAPE
MAINTENANCE OF MEDIANS - Maintenence of the landscaped medians was approved in the Fiscal Year
1994/95 budget for contract to private landscape contractors end funded by Gas Tax Revenue. There are twelve
Minutes
September 20, 1994
Page 3
medians and approximately 200,000 square feat of landscaped medians to be maintained. Staff recommends
approval of the resolution, (Director of Finance and Director of Parks and Recreation) Pulled from the Consent
Calendar.
Councilmember Moore stated he would always have a problem in shifting funds from a project to Gas Tax. Council
should look at what was being done to streats. If streets were cheated on it was the most serious thing a city could
do. Council should have interim reports on what was being done on the streets.
Councilmember Rindone questioned what the cost was for two FTE employees in the Parks & Recreation
Department to maintain the parks and/or medians and how that compared with the bids.
Jerry Foncerada, Parks Superintendent, responded that based on salaries and benefits it would be approximately
$40,000-$45,000 per employea. Staff had estimated costs of $69,000 and the bids came in at $59,000 for a savings
of $30,000-$40,000 over having staff do it.
Councilmember Moore questioned if people were being paid to only take care of median strips.
Mr. Foncerada responded with the addition of the Chula Vista Community Park the department would need two
additional personnel. By contracting out the medians it would allow the department to maintain the park at
EastLake.
Councilmember Rindone stated it was a creative way to utilize staff and save money for the City. He noted the
fiscal impact statement did not say anything, the clarification of saving $30,000 should have been indicated.
RESOLUTION 17660 OFI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved unanimously.
8. RESOLUTION 17661 AMENDING THE YOUTH AT RISK PROJECT AWARD FROM THE
UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
SIGN THE AMENDMENT TO THE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA - On 7/1/92, the 4-H began a Latchkey Program at Lauderbach Community Center. The 4-H
organization is a subsidiary of the University of California Extension Service. The 4-H receives funding, through
the University of California, from the United States Department of Agriculture (USDA). In January of 1993, the
4-H requested that the City act as a subcontractor to expand youth at risk programs. The 4-H has received several
large grants in the last two years, of which $23,426 has been allocated for each year of the subcontract with the
City. To continue to receive funds for the 4-H program, the City must amend its present agreement with the
University of California for each year the program receives funds. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
9. RESOLUTION 17662 ACCEPTING A TECHNICAL ASSISTANCE GRANT FROM THE
CALIFORNIA HEALTHY C1TIES PROJECT AND APPROPRIATING GRANT FUNDS IN THE AMOUNT
OF $4,250 TO IMPLEMENT THE CITY'S YOUTH NEWSPAPER PROJECT - On 6/14/94, staff presented
a proposal in which the City would apply to join the California Healthy Cities Project for Fiscal Year 1994/95.
Accompanying the application was a grant request of $5,000 to help implement the proposed project: production
of a youth newspaper. On 7/1/94, the Department was informed that its application and project proposal had been
accepted. A technical assistance grant of $4,250 was approved to implement the City's first-year project. Staff
recomraends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required.
10. RESOLUTION 17663 ACCEPTING BID AND AWARDING CONTRACT FOR THE
"BICYCLE/JOGGING TRAIL AT SWEETWATER ROAD AND WILLOW STREET IN THE CITY, PR-153
(ISTEA PROJECT NUMBER STPLE-5203-002) - Sealed bids were received on 8/3/94 for the Bicycle/Jogging
Trail at Sweetwater Road and Willow Street. The work to be done involves the construction of a pedestrian/bicycle
trail and path along Sweetwater Road and Willow Street across the golf course and over the Sweetwater River.
Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation)
Minutes
September 20, 1994
Page 4
Counciln~mber Herton questioned when the construction would commence and be completed. She felt it was
extremely important to get it started imm~tiately as there was a safety problem in the area.
John Lippitt, Director of Public Works, responded the contractor had up to thirty days to begin the work once the
award was made and felt the work would be done within 2-3 months.
11. RESOLUTION 17664 AUTHORIZING A CHANGE ORDER WlTH GRANITE CONSTRUCTION
FOR INSTALLATION OF STORM DRAIN FACILITIES IN OTAY VALLEY ROAD IN CONJUNCTION
WITH DEVELOPMENT OF THE GIRARD FINANCIAL PARCEL ON OTAY VALLEY ROAD, AND
APPROPRIATING FUNDS THEREFOR - Girard Financial owns a 3.3 acre site on Otay Valley Road. The road
is currently being widened by Granite Construction Company under Assessment District 90-2. In order to develop
the Girard property, certain storm drain improvements within the road right-of-way are required. It is in the best
interest of all parties to have Granite Construction install the drainage improvements as pert of their work on Otay
Valley Road. Girard will reimburse the City the full cost of the work. Staff recommends approval of the
resolution. (Director of Public Works) 4/Sth's vote required.
12. REPORT STRIPING CHANGES ON OTAY VALLEY ROAD - When preparing the
plans for Otay Valley Road, Council reviewed the median proposal and, after a public hearing, instructed staff to
eliminate the median island from the freeway to Oleander Avenue in front of the Shell Station and Davies Truck
Storage Yard. Because the project was doing work within Caltrans' right-of-way, a permit was needed from
Caltrans. As part of the permit, Caltrans required striping changes that affected the above section of roadway and
property owners. Staff has negotiated with Caltrans and the property owners and reached a mutually acceptable
conclusion. Staff recommends Council accept the report and authorize staff to implement the raised median
alternatives. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
None submitted.
ORAL COMMUNICATIONS
® Paul A. Peterson, 530 B Street g2300. San Diego, CA, Lawyers for Chula Vista Investors which was the
limited partnership that owned the Chula Vista Bayfront property, introduced the representative of the new general
partner. There had been no change in the ownership, i.e. Chula Vista Investors, but the Barkett position had been
bought out. The new general pafiners anticipated they would need 60-90 days to analyze the project. He then
introduced Adnan Zakkout, Vice President, Chula Vista Capital Corporation and Brad Jones the land use consultant.
Mr. Zakkout stated they looked forward to working with the City and bringing something good to the City.
Mr. Jones stated Mr. Zakkout was not a new player, but represented the original limited investors. Therefore, there
was continuity in the investor team as well as the consultants.
Councilmember Rindone questioned if Mr. Barkett would play any role in the negotiations.
Mr. Peterson responded that he would not, he had been replaced by Mr. Zakkout and his partners.
Councilmember Fox questioned whether Mr. Barkett had an ownership interest in the project.
Mr. Peterson responded that he did not.
Minu~s
September 20, 1994
Page 5
· Gregory Shaffeer, Sacramento, CA, representing California Healthy Cities, congratulated the City as one
of the newest participants in the California Healthy Cities project. The City of Chula Vista had been asked, as one
of two cities, to represent the California Healthy Cities project at the 1995 Conference of California Pacific
Southwest Recreation and Park Conference in San Jose.
· Wilma Leaf, 350 Third Avenue #108, Chula Vista, CA, resident at One Park, expressed her opposition
to the relocation of the restrooms at Memorial Park. She felt the area selected was currently a scenic area and
requested Council reconsider the action.
Mayor Nader questioned if the relocation and site had been approved by Council.
Jess Valenzuela, Director of Parks & R~creation, responded that the restrooms would be located in the north eastern
portion of Memorial Park somewhat adjacent to the parking lot where Fudrucker's was located. It was consistent
with the Master Plan that was approved in 1988 by Council. The Master Plan had extensive community review and
Park One apartments were in place at that time.
Mayor Nader questioned if there would be any expense in changing that plan.
Mr. Valenzuela responded that the construction documents were being drafted and residents received notice of the
project through the design review process.
Mayor Nader questioned if the specific location had been determined or if it was still under consideration.
Mr. Valenzuela responded the location was determined. He would have to speak with the architect on the project
to see how the site could be moved and return back to Council with an informational report.
· Marianne Jenkins, 350 Third Avenue, Chula Vista, CA, resident of One Park, stated she opposed the
relocation of the restrooms and felt it was offensive from both an aesthetic and hygienic standpoint.
Mayor Nader questioned if the project was the relocation of existing restrooms or the addition of new restrooms
and why the existing location was not satisfactory.
Mr. Valenzuela stated the existing restroom on Third Avenue and Park Way would be raised and restrooms would
be constructed at the new location.
Councilmember Moore stated Council had a policy to remove childrens recreation and restrooms from the hidden
internal sections of parks due to safety concerns.
· Dorothy Coppin, 350 Third Avenue, Chula Vista, CA, resident of One Park, submitted petitions signed
by residents of One Park in opposition to the relocation of the restroom. The residents of One Park did not receive
notice of the project. They agreed that the restrooms were in dire n~ul of renovation, but were in opposition of
the new site. They felt by placing the restrooms in front of One Park it would place the children living there in
danger. The money used for relocation could be better used for other programs.
MSUC (Naderalorton) to refer to staff for a report back to Council prior to any irrevocable actions being
taken on the restroom. Report to address any comments from the Parks & Recreation Commission and the
Police Department.
Mayor Nader stated Council had recently directed that residents be notified as well as property owners.
Councilmember Moore stated he understood the concerns expressed. He hoped staff would also address the current
Council policy of facilities being hidden in the trees.
· Harriet F. Acton, 265 Nixon Place, Chula Vista, CA, Chair of the Chula Vista Board of Ethics, stated she
was concerned with the ratification of appointments to tho Board of Ethics on the agenda. The ordinance
establishing the Board required that applicants would be interviewed by the presiding judge of the South Bay
I [ I I
Minutes
September 20, 1994
Page 6
Municipal Court and that those nominees for selection then be sent to the Council. She questioned if that procedure
had been followed.
Mayor Nader stated the applications had been reviewed by the presiding judge of the municipal court and that those
were the names placed on the agenda for ratification. The judge had indicated that he did not interview them and
the Mayor was uncertain that the ordinance stated "interview" as opposed to "review". He felt the City Attorney
should review the ordinance.
Mrs. Acton stated the Board had been informed that their newest member had not been interviewed by the judge.
Mayor Nader stated that she had also been recommended by the presiding judge of the municipal court. He stated
Mrs. Acton could have contacted the Mayor's Office if she had questions regarding the appointments. The presiding
judge had raised questions as to the propriety of a judicial officer making legislative branch recommendations. He
requested that the Clerk forward the letters received from the presiding judge to the Board of Ethics.
Councilmember Rindone stated he was concerned that there was some question as to what was being requested of
the presiding judge. Council in the past felt the appointments to the Board of Ethics should be de-politicized. He
felt a more explicit cover letter should be sent with the applications for review. If a presiding judge in the future
was not interested in providing interviews or recommendations maybe he could pass it on to another judge.
Mayor Nader stated he had sent two cover letters to the judge with the applications. He was surprised that the
Board of Ethics had not contacted his office if they had questions. The usual procedure had been followed except
as indicat~cl by Judge Cannon's letter, i.e. that he did not do personal interviews with the applicants. He did review
the applications and that may be an issue the City Attorney would have to advise Council on.
· Israel Acosta, 4501 Otay Valley Road, Chula Vista, CA, referred to legal problems he had been having
with Southwestern College. He stated he was seeking assistance.
Mayor Nader stated it was a very serious accusation that appeared to be between Mr. Acosta, Southwestern College
District, and law enforcement officials. He recommended that Mr. Acosta contact the Lawyer Referral Service of
the County Bar Association as there was nothing the City Council could do as it was outside of the City's
jurisdiction.
* * * Councilmember Horton left the alias at 7:02 p.m. * * *
· Carolyn F. Butler, 97 Bishop Street, Chula Vista, CA, spoke in opposition to the color of the new Library.
She requested that she be put on any citizens committee established to review the color. She further requested that
if the color was not changed within the next 3-4 weeks that the Public Works Department of the City paint the
Mayor's Office, City Hall, and the Library on Fourth Avenue the same color as the new Library.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
13. RESOLUTION 17651 APPROVING THE BUSINESS EXPANSION INCENTIVE POLICY - On
6/7/94, Council apprnved a City policy to provide an incentive for business expansion by targeting businesses
"likely" to grow and making personal contact to inform them of potential City assistance. Staff recommends
approval of the resolution. (Director of Community Development) Continued from the meeting of 9113194.
Mayor Nader commended Councilmember Moore for bringing the item forward. He felt that in addition to a
standard of expansion of 30 % or more, it would be good to include any business that was adding a certain number
of jobs at some particular income level. He did not want to hold up adoption of the policy, but wanted a referral
to staff to expand the criteria for eligibility for application of the policy.
I r IIT I
Minutes
September 20, 1994
Page 7
Councilmember Moore stated staff was pursuing a more in depth program. He felt the intent was to have a business
show that they were making a serious intent to expand and then the policy would apply.
Mayor Nader stated he did not want to see the policy narrowly applied, he wanted to see it broadly applied to
encourage job creation in the City. He wanted to make sure there was an understanding that a business that was
potentially eligible for the program would not be required to go through extensive documentation to prove eligibility.
He noted that the Economic Development Manager had indicated that was correct. He questioned if it was staffs
intent to return to Council with a more detailed program.
Cheryl Dye, Economic Development Manager, responded that was staffs intent.
Mayor Nader stated his other concern was/r2 of the policy. It should be clear that the Economic Development
Manager would oversee the process but could designate someone.
Councilmember Moore felt the initial contact should be with a senior member of staff and then it could be delegated
to a lower staff member for follow-up. He questioned if the Assistant City Manager had been designated by the
City Manager as ombudsperson pursuant to an EDC recommendation.
* * * Councilmember Horton returned to the dius at 7/17/p.m. * * *
Ms. Dye responded that the Assistant City Manager was identified as an ombudsperson as per EDC
recommendation. That was viewed in the context of larger issues.
Mr. Krempl stated the City Manager's Office was available and did respond to requests for assistance.
MSUC (Naderatorton) to approve staff recommendation.
14. RESOLUTION 17654 EXTENDING AND AMENDING THE SERVICE PROVIDER
AGREEMENT WITH THE YMCA; AND EXTENDING THE SERVICE PROVIDER AGREEMENT WITIt
THE BOYS AND GIRLS CLUB, TO PROVIDE YOUTH PROGRAMMING SERVICES FOR FISCAL
YEAR 1994/95 - When Council adopted the Fiscal Year 1994/95 budget, it included provisions to fund the Youth
ACTION Program at a level of $75,820 through the General Fund. Of the total, $19,010 is designated for the
Junior High Outreach component, coordinated by the YMCA of San Diego County South Bay Branch, and $14,287
is designated for the Late Night component, coordinated by the Boys and Girls Club of Chula Vista. The remaining
funds are utilized by the Department to administer the High School Happenings Program, special events, and
transportation. The original Service Provider Agreements approved by Council on 9/14/93 with the South Bay
Family YMCA and the Boys and Girls Club of Chula Vista were for a 12-month period beginning 9/15/93 and
ending 9/14/94. Staff recommends approval of the resolution. (Director of Parks and Recreation) Continued from
the meeting of 9/13/94.
Councilmember Rindone stated he was concerned that the agreement would be extended for five successive one year
terms by the signature of the Parks & Recreation Director and there was no provision for Council review at any
time.
Jess Valenzuela, Director of Parks & Recreation, suggested that staff return each year with an evaluation of the
program and updating Council on the progress and whether the agencies had met their goals and objectives as stated
in their proposals.
Councilmember Rindone stated he was comfortable with the suggestion by staff. He felt if the recommendation was
for reapproval it could be a consent item on the agenda. If it could be done during the budget process that would
also be satisfactory.
RESOLUTION 17654 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved unanimously.
Minutes
September 20, 1994
Page 8
15. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
Mr. Krempl suggested Council trail the item to follow Closed Session.
Mayor Nader stated the item would be trailed until after Closed Session and noted there were no members of the
public to speak on the item.
George Krempl, Deputy City MEager, stated staff had provided Council with information on what actions the San
Diego Waste Authority took on 9/15/94 when they proceeded to execute contract rate options and established a daily
rate of $74.00 per ton. Staff outlined options which included: 1) joining the Authority; and 2) exercising a three
year contract term, a five year term, or ten year term. Updated Council on Sexton and the transfer station proposal
as well as a proposal submitted by Laidlaw along with financial rate payer comparisons and fiscal impact. Staff
recommended: 1) Council not execute any of the Authority's contract options, but remain a user of the system at
the day rate of $74.00/mn; 2) to proceed with the transfer station and/or pod system, i.e. exploration of that and
feasibility of implementation; and 3) direct staff to continue to explore options m retain the residential rates at their
current levels during an interim period and report back to Council on how that might be achieved.
MSUC {Rindone/Moore) to appreve the staffrecommendation: 1) Council not execute any ofthe Authority's
contract options but remain a user of the system at the day rate of $74.00/ton; 2) to proceed with the transfer
station and/or pod system, i.e. exploration of that and feasibility of implementation; and 3) direct staff to
continue to explore options to retain the residential rates at their current levels during an interim period and
report back to Council on how that might be achieved.
Councilmember Rindone stated the major reasons for not joining the Solid Waste Commission were: 1) the
possibility of exposure of member agencies general funds in the short and long term; 2) the City had not yet
received satisfactory disclosure of the status of the County's liabilities and pending litigation; 3) the City
membership would also include responsibility for the NCRRA facility which the City had never acknowledged was
a responsibility; 4) the legality of the flow control which the City had contested as being illegal and unfair; 5) there
was no fixed term if the City joined; and, 6) if the Commission went to bonding those obligations would have to
be met and there would be no chance of withdrawal.
Mayor Nader referred to the statement that everyone was totally opposed to the membership in the Authority,
speaking only for himself, he did not feel that would quite characterize his position. He voted for the motion and
had not pushed for joining the Authority mainly because staff had indicated the City may be able to maintain current
costs to ratepayers. If that turned out not to be the case, he may want to take a different look at the Authority issue.
The other reason he had not pushed to join the Authority was that he perceived an unwillingness by the Authority
staff to negotiate reasonably with the City concerning some of the concerns outlined by Councilmember Rindone.
If they were to change their approach then it would be possible for Authority membership to make sense.
Unfortunately, at the present time it did not make sense.
16. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
John Lippitt, Director of Public Works, stated the County Board of Supervisors had put reconsideration of the MOU
and joining the District in abeyance until there was a meeting between the participating agencies and the City of San
Diego. He felt other discussion should be trailed until after the item was discussed in Closed Session.
Mayor Neder stated the item would be trailed until after Closed Session and noted there were no members of the
pubhc to speak on the item.
Mr. Booguard stated the briefing to Council in Closed Session was on the aspects of litigation via arbitration.
7
Minutes
Septeml~r 20, 1994
Page 9
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 5a and 7. The minutes will reflect the published agenda order.
OTHER BUSlNESS
17. CITY MANAGER'S REPORT{S}
a. Scheduling of meetings. No report given.
18. MAYOR'S REPORT{S}
a. Site for Kids Biz Program - discussion and possible direction. Continued from the meeting of 9/13/94.
Mayor Nader requested the item be tmiled to the meeting of September 27, 1994.
b. Announcement of closed session decisions. Continued from the meeting of 9/13/94. Mayor Nader stated
a citizen had suggested that coming in off-camera and making an announcement of any reportable actions taken in
Closed Session did not serve the public and he felt the point was well taken. In the interest of complying with the
spirit of the Brown Act, as well as the letter of the Brown Act, he felt it was advisable for the Council to make an
announcement early in the next weeks meeting of any reportable actions that were taken in Closed Session at the
prior weeks meeting. He questioned whether that would require a change in an ordinance.
Mr. Boogaard responded the order of the agenda was set by ordinance as Council wanted to exemise control over
that. He would bring back an ordinance amendment for review.
MS {Nader/Moore) to refer the issue to the City Attorney to bring back an ordinance for Courtall
consideration to modify the regular agenda to add the announcement of the previous weeks reportable actions
taken in Closed Session immediately prior to the Consent Calendar.
Councilmember Rindone stated another way of informing the public would be to have the final resolutions typed
up and attached to the end of the agenda.
VOTE ON MOTION: approved unanimously.
e. Designation of Voting Delegate for League Annual Conference.
MSUC (Mooreatorton) to designate the Mayor as the voting dalegate at the League annual conference.
d. Ratification of appointments: Child Care Commission Ex-Officio - Chadene Tressler; Board of Ethics -
Joanne E. Carson, Billy L. Kelley and Richard D. Schulman; and, International Friendship Commission - Eduardo
Sebrano.
MSUC (Naderatorton) to approve the ratification of re-appoinln~ent of Chadene Tressler to the Child Care
Commission as Ex-Officio.
MS (Naderalorton} to approve the ratification of appointment of Joanne E. Carson, Billy L. Kelley, and
Richard D. Schulman to the Board of Ethics.
SUBSTITUTE MOTION: (Mooreatorton) to continue the ratification of appointments to the Board of Ethics
for one week to allow the City Attorney time to review the ordinance as it pertained to the judge's
involvement, i.e. review or interview.
Councilmember Fox felt the presiding judge should be contacted to see if he understood the procedure and if he was
still comfortable with the recommendations in light of the clarification.
Minutes
September 20, 1994
Page 10
Councilmember Rindone felt Council needed clarification. They needed to be assured that there was no political
influence on the appointments to the Board of Ethics. He referred to the letters from the Mayor which accompanied
the applications end questioned if the word *interview* had been overlooked. The 8/4/94 letter did not state
*interview* and he felt better clarification of what Council's expectations were should be included in the cover
letters. He felt the letter should indicate the request for interviews and if the current presiding judge was not
interested, or did not have the time to do it, that it be given to another judge in the municipal court and not be
retumed to Council until that was done.
Mayor Nader stated he supported the substitute motion to get the City Attomey's input. He felt his letters had been
clear and the judges reply made it clear that he understood what the City was asking for and that he felt there was
only so far that he felt appropriate to go. He was confident that the judge knew what he was doing and what was
being asked and made recommendations based on doing all that he was comfortable in doing.
Councilmember Moore stated he did not have a problem with the three people recommended, he was concemed
about the procedure.
VOTE ON SUBSTITUTE MOTION: approved unanimously.
19. COUNCIL COMMENTS
Councilmember Moore
a. Discussion and possible action regarding B/C/C members absenteeism excused/unexcused (reference page
12 of B/C/C handbook). Members with attendance of 75% and members with unexcused absences of over 25%.
Continued from the meeting of 9/13/94. Councilmember Moore stated the policy on excused and unexcused
absences could be cleared up as it was confusing. One portion stated "members were required to attend 75% of
the meetings ...." and another section stated that "any member nearing the percentage of missing 25% ...'. He felt
those two sections were in conflict and should be clarified.
MS (Moore/Fox) to appoint a subcommittee of one member of the Council, City Attorney, and City Clerk
to review and clarify the policy.
Councilmember Rindone recommended that Councilmember Moore serve on the Committee. Agreed to by
the Maker and Second of the Motion.
Mayor Nader questioned whether that included the definition of "excused* absences or the authority of the
commission to grant excused absences.
Councilmember Moore responded they would look at anything that involved excused or unexcused absences. Any
recommendation would go back to Council for review and approval.
VOTE ON MOTION: approved unanimously.
b. Consideration of in-house/staff training vs. conferences. Continued from the meeting of 9/13194.
MSUC (Moorealorton) to direct staff to review and see if commission conferences and training could be done
in-house to give them more awareness and training. (Staff to work in close conjunction with those
commissions and committees that traveled to see if they wanted it, etc.)
bb. Councilmember Moore felt the Mayor and/or Council should review the policy of one term versus two term
eligibility for board/commission members and how Council was informed that those that were qualified for second
term may not be recommended for second term. He felt some system should be established so that when Council
voted on ratification of appointments they would know whether sumcone was or was not being recommended for
a second term.
Mayor Nader suggested the Mayor and City Attorney develop something for Council consideration.
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Minutes
September 20, 1994
Page 11
Councilmember Rindone stated it was his understanding that if an individual was appointed to a term he/she would
be eligible for a second term. He questioned if it was the practice of the City to question whether the individual
was interested in seeking a second term.
Mayor Nader responded that was generally the practice followed.
Councilmember Rindone questioned why that was not always done.
Mayor Nader stated there were a variety of reasons why it may not always be done, i.e. attendance, concerns about
performance, etc.
Councilmember Rindone stated he had been contacted by an individual who he thought had provided outstanding
service to the City and was not notified as to whether he was interested in a second term. He was concerned that
if notice was specifically given to not notify those people due to specific concems, the Mayor should share that with
other Councilmembers. That had not been done and he resented it. If volunteers were not performing their services
that needed to be communicated to the Council.
MS (Rindone/Moore) to refer the issue to the City Attorney, i.e. that when a commissioner/board member
was not recommended for a second term it be communicated to other Councilmembers so they would know
what basis that recommendation was being made.
Councilmember Moore questioned if someone had poor performance on a board/commission if he would be treated
like any other City staff member.
Mr. Boogaard responded that staff could be discussed in Closed Session, but an appointed commissioner could not.
Mayor Nader stated he had always said publicly as well as privately that appointment was not an automatic right.
He would support the motion but was concerned that the Brown Act precluded privacy protection for commissioners
that were volunteers. He felt the City Attorney needed to meet with the Mayor and provide information to Council
on a possible policy and ramifications of that policy. Any information sent to Council was a public document and
he felt Council needed to tread carefully in that area.
Councilmember Fox stated he would support the motion. He noted that no one was precluded from applying
including current members of a commission. His concern was with first term commissioners not being notified that
they were eligible to reapply. He felt notice was a courtesy that should be provided.
VOTE ON MOTION: approved unanimously.
Councilmember Horton
c. RESOLUTION 17658 OPPOSING PROPOSITION 187 - SAVE OUR STATE - Continued from the
meeting of 9/13/94. Councilmember Horton stated Proposition 187 did nothing to strengthen the border. She
expressed the following concerns: 1) because it conflicted with a number of federal laws funding to the state would
be cut and it could raise personal taxes; 2) 400,000 children would be kicked out of schools and, therefore, increase
youth crime. History should have taught the dangers of that mentality. Something needed to be done about illegal
immigration, but Proposition 187 was not it.
· Mary Salas, 802 East "J" Street, Chula Vista, CA, representing MONO a national Latino organization,
spoke in support of Resolution 17658 and in opposition to Proposition 187.
Councilmember Fox felt Proposition 187 was offensive to democracy and racist and that the public needed to be
educated regarding the issues.
Councilmember Moore stated he would not support the resolution as he felt it was rotten. He questioned where the
$15 billion figure came from and if it was accurate. He did not feel the teachers, nurses, etc. needed to become
INS agents, but they should not turn a blind eye; maybe not the teachers in the classrooms but the educational
Minutes
September 20, 1994
Page 12
system. Government employees had a responsibility to protect the treasury. He felt the resolution was as bad as
Proposition 187 which also relied on scare tactics.
Councilmember Rindone stated he was opposed to Proposition 187 and noted there were so many reasons to oppose
it. It was ill conceived, poorly drafted, and based on fears of the unknown. He felt there was a thorough
misunderstanding by the public as to what the proposition would do. It would not solve the problem of illegal
immigration, but create bureaucracies and mere problems at taxpayers expense.
® Pat Barajas, 375 'J' Street, Chula Vista, CA, stated the people in the country illegally were breaking the
law and questioned why that was not addressed in Proposition 187. He did not believe they deserved to be in the
country if they did not come through the legal process.
Mayor Nader stated the $15 billion cost referred to in the resolution was money that state and local government in
California would lose as a result of the proposition. If they were trying to address people breaking the law it would
be batter to use some of that money to enforce the law with law enforcement officials rather than toming nurses,
teachers, etc. into cops. Immigration had taken an undue share of the blame as California had one of the weakest
criminal codes in the country. He would support the motion and hoped the federal and state governments would
look at better ways to address the problems.
Councilmember Moore stated he would vote against the motion and noted he also opposed Proposition 187.
VOTE ON MOTION: approved 4-0-1 with Moore opposed.
co. Councilmember Horton stated that earlier in the meeting under "Oral Communication" a member of the public
expressed sexually explicit materials that had no relevance to City business.
MS (Horton/Fox) to cut out of the tape to be shown on television that portion of the Oral Communications
and substitute Council's action regarding that segment; if any member of the public wanted to see the uncut
presentation of the Oral Communications they could view it in the Management & Information Services
Department.
MSUC (Nader/Fox) to declare that the item dealing with Oral Communications was an urgency item and
should be heard by Council.
VOTE ON MOTION: approved unanimously.
Councilmember Rindone
d. Code Enforcement of Yard/Garage Sales. Councilmember Rindone stated it had come to his attention that
most of the violations were on the weekends. He questioned how those regulations were monitored and enforced.
Ken Larsen, Director of Building & Housing, responded while most of the sales occurred on fridays, saturdays,
and/or sundays staff bad responded to complaints on a re, active mode, i.e correspondence was sent out to the violator
which advised them that a permit was required. Traditionally, the City had not exercised Saturday enforcement with
the exception of selected periods. Staff had a reduced budget allocation for overtime as such enforcement would
require. They bad not discussed a staggered work week from Tuesday through Saturday with the existing staff.
Complaints regarding garage sales averaged 2-3 per month and most of the individuals, once contacted, corrected
their deficiencies immediately.
Councilmember Rindone felt Building & Housing had been responsive in trying to adjust their hours to meet the
needs of the public. There may not be a need to have staffing every Saturday, but he felt if there was the perception
that there was never staffing on saturdays violations would increase.
MOTION: (Rindone) to refer to staff for review of creative staffing to address the issue of enforcement of
yard/garage sales, i.e. one saturday per month (not a uniform pattern).
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September 20, 1994
Page 13
Councilmember Moore stated the issue had been reviewed several years ago. Permits were fre~ and if in violation,
a permit was hand delivered and the violator was charged $3.00.
Mr. Larsen stated the Master Fee Schedule raised the fine to $5.00. Miscellaneous complaints for 1993/94
accounted for approximately 4.9 % of all complaints received so it was a relatively small number. They had cases
were there were habitual violators and in one case the City Attorney's office was involved and the party did abide
by the Attorney's recommendations and had subsided their garage sale activities.
Councilmember Moore felt there should be an escalating fee for repeat offenders. The signs for the garage sales,
if overdone, trashed the City.
AMENDMENT TO MOTION: (Rindone/Moore) to include that when the report was brought back to
Council it include a provision for increase penalties for habitual violators.
* * * Councilmember Horton left the dias at 8:39 p.m. * * *
Councilmember Moore stated there was concern as to where the staff time was being put. Maybe there was soma
other way of enfomement other than sending out a Code Enforcement Officer. The report should include other
activities done by the enforcement officers and where the shortfall would be.
Agreed to by the Maker and Second of the Motion to include the "big picture" in the report, i.e. other
activities of the enforcement officers and possible shortfalls.
Mayor Nader stated he was concerned that some of the items they were doing were of higher priority in maintaining
the health and welfare of the City than enforcing the garage sale ordinance.
VOTE ON MOTION AS AMENDED: approved 4-0-1 with Herton absent.
Councilmember Fox
e. Issues related to the color of the new City library bimg built at 4th and Orange Avenues. Councilmember
Fox stated he placed the item on the agenda to give concerned citizens a formal opportunity to voice their concerns
and give Council the opportunity to take formal action. Unless convinced otherwise by members of the public he
did not feel the colors were of such severe magnitude to warrant the expenditure of such a large amount of money
to change it.
* * * Councilmember Herton returned to the dins at 8:47 p.m. * * *
· Peggy Donovan, 243 E. James Street, Chula Vista, CA, representing the Chula Vista Library Board of
Directors, urged Council to not change the color of the new library as it was not cost effective to alter the entire
finish to assuage a vocal few. Those involved in the planning of the library had always had the interest of the
community as a high priority. The color scheme would soften with age and familiarity and landscaping would add
nuances of color and shape and would make for a beautiful building that everyone could be proud. It was important
that the library continued to be built on schedule in order to serve the community and avoid paying unnecessary
funds on delays and redoing a very expensive outside finish.
Mayor Neder stated he was amenable, if it could be done without a costly delay in the project, to allowing
concerned residents on beth sides of the issue, and other taxpaying residents of the City not in the immediate area,
to meet with the architect to see if a different consensus could be developed in a timely way. He doubted that any
color would meet with universal approval.
David Palmet, Library Director, stated the deadline of 9/28 was to paint the graffiti coating on the current coating.
The color could be changed after that date however, there would be an additional cost of $30,000 to take the graffiti
coating off.
Councilmember Fox stated he would not support that concept in light of that cost.
Minutes
September 20, 1994
Page 14
Councilmember Moore stated it was more than just the $30,000. The present texture was a 20 year texture. When
paint was applied they would go to a five year increment of painting.
· Carolyn F. Butler, 97 Bishop Street, Chula Vista, CA, felt the colors should go with the colors of the
commUllity aroltlld it. The community was not consulted regarding the color. She felt it shocked the eye and noted
there had already been two major accidents there. She felt it was a safety factor and that it was a color that would
provoke trouble.
CLOSED SESSION
Council recessed at 8:55 p.m., met in Closed Session at 9:28 p.m., reconvened at 10:45 p.m., met in Closed
Session at 10:58 p.m., and reconvened at 12:30 a.m.
20. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant tu Government Code Section
54956.9
·Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
· City vs. Solid Waste Management JPA (differential rate structure and transfer station legal issues).
· Metro Sewer Adjustment Billing.
· Redevelopment Agency Disposition and Development Agreement with Wal-Mart Stores, Inc.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
· Title: City Attorney.
21. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No final actions were taken in Closed
Session.
ADJOURNMENT
ADJOURNMENT AT 12:31 A.M. to the Regular City Council Meeting on September :27, 1994 at 6:00 p.m. in
the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 8:55 p.m. and adjourned at 9:28
p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
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