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HomeMy WebLinkAboutcc min 1994/09/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 27, 1994 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, and Mayor Nader ABSENT: Councilmembers Moore and Rindone ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attemey; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: September 20, 1994 MSC (Foxalorton) to approve the minutes of September 20, 1994 as presented. Approved 3-0-2 with Moore and Rindone absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Child Care Commission Ex-Ofticio - Charlene Tressler. The Oath of Office was administered by City Clerk Authelet. CONSENT CALENDAR (Item pulled: 11) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived. Mayor Nader questioned whether Items 7, 9, and 10 were time sensitive and needed resolution before next week. Jim Thomson, Deputy City Manager, responded that the items could be continued for one week. MSC (Horton/Nader) to continue Items 7, 9, and 10 as they required a 4/5th's vote. Approved 3-0-2 with Moore and Rindone absent. VOTE ON BALANCE OF THE CONSENT CALENDAR: approved 3-0-2 with Moore and Rindone absent. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there was no reportable actions taken at the Closed Session of 9/20/94. 6. ORDINANCE 2605 ESTABLISHING AN ACCESS APPEALS BOARD (first readin2) - The California Code of Regulations, Health and Safety Code mandates the creation of an Access Appeals Board to hear Minutes September 27, 1994 Page 2 written appeals brought by any person regarding action taken by the Building Department of the City in enforcement of the requirements. The Department of Building and Housing staff has brought forth this requirement to the Board of Appeals and Advisors for consideration and endorsement. The Board of Appeals and Advisors has reviewed staffs proposed Ordinance and recommends its adoption. Staff recommends Council: (1) Place the ordinance on first reading; and (2) Direct the City Clerk, after the second reading and adoption, to solicit applications for the Access Appeals Board. (Director of Building and Housing) 7.A. RESOLUTION 17666 EXECUTING AN AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION TO PROVIDE $55,000 IN GRANT FUNDING AND APPROPRIATING THOSE FUNDS TO THE ENERGY CONSERVATION FUND AND APPROVING BUDGET FOR SAME - The California Energy Commission provided $55,000 in grant funding to develop an alternative fuels retrofit rebate program to be offered to the Chula Vista businesses and to create a local market for electric vehicles development and use. The funds will also be used to help in the purchase of an electric shuttle for Chula Vista's Telecenter Program, for approval of a Request for Proposal, and approval of a $5,000 contract to provide a public information program for the retrofit rebate program. Staff recommends approval of the resolutions. (Administration) 4/5th's vote required. Continued to the meeting of 10/4/94. B. RESOLUTION 17667 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR $10,000 WITH ELEKTRUK TO PURCHASE AN ELECTRIC RETROFITTED VAN FOR CHULA VISTA'S TELECENTER C. RESOLUTION 17668 AUTHORIZING THE C1TY MANAGER TO SOLICIT RESPONSES FOR A REQUEST FOR PROPOSAL (RFP) FOR $5,000 IN CONSULTING SERVICE TO DEVELOP AND PROMOTE AN ALTERNATIVE FUELS RETROFIT REBATE PROGRAM ~¢"~' ~., 8. RESOLUTION 17669 APPROVING THE 1993194 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The City annually submits a Grantee Performance Report (GPR) to the U.S. Department of Housing and Urban Development. The GPR provides detailed information on the usa of Community Development Block Grant funds, including the progress achieved and status of funds. Staff recommends approval of the resolution. (Director of Community Development) 9. RESOLUTION 17670 ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1994195 BUDGET TO INCLUDE .83 FULL TIME EMPLOYEE POSITIONS - The Chula Vista Literacy Team has received $34,720 in funding under the Library Services and Construction Act, Title VI Library Literacy Program, to implement a model program to identify and aid adult learners with dyslexia. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. Continued to the meeting of 10/4/94. 10. RESOLUTION 17671 ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .48 FULL TIME EMPLOYEE POSITIONS - The Chula Vista Literacy Team has received $34,986 in funding to continue its work developing and offering a variety of small group writing classes to adult learners at several locations throughout Chula Vista. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. Continued to the meeting of 10/4/94. Minutes September 27, 1994 Page 3 11. REPORT MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) FINANCING AND ACQUISITION STRATEGY PRINCIPLES - On 5/26/94, the MSCP Policy Committee, which includes a representative of the Council, conceptually approved five principles regarding financing and acquisition of lands to be included in the MSCP. On 8/1/94, the San Diego City Council reviewed these principles and recommended additional language. Staff recommends Council endorse the principles as revised by the City of San Diego. (Director of Planning) Pulled from the Consent Calendar. Councilmember Fox stated he was pleased with the progress the City was making. The draft would require voter approval in order to create new local funding sources for habitat conservation and there would have to be federal and state participation also as they created the mandates. He felt it would ease the burden on a tremendously expensive program. Mayor Nader stated it appeared that the proposal was still being tied to the Clean Water Program. Robert Leiter, Director of Planning, responded that the program was still being funded through the Clean Water Program and was being coordinated by the City of San Diego. Mayor Nader stated he was concerned that the Clean Water Program was driving the contours of the program. He reques~ut that staff outline what the difference was and what additional restrictions would be imposed by the MSCP. Mr. Leiter responded that the NCCP was the state program that set the parameters for any regional habitat conservation plan. The proposed program was being designed to meet that standard and would be the City's regional conservation plan. Mayor Nader questioned if it was the program under which future 4D permits would be issued. Mr. Leiter responded that was correct. There would be a middle step in which the City would adopt a sub-area plan for its own jurisdiction. The proposed program created a regional framework and then the City would adopt its own local plan with the City's General Plan included. Mayor Nader questioned if staff was comfortable that the contours of the plan were not in any way being driven by the needs of the Clean Water Program of San Diego. Mr. Leiter responded that was correct. The way the Policy Committee had been established and the ability to provide oversight from all jurisdictions ensured that the decisions were made on local interests and not on the Clean Water Program per se. Councilmember Fox stated the Policy Committee would support that interpretation. It required the consent of eeeh jurisdiction affected. Any regional facility financing plan also had to take into consideration those local fees that were already imposed on developers. Local jurisdictions would be required to participate and approve every step of the way. Mayor Nader questioned if there was a clear definition of "new funding source' which would require voter approval. If it was property taxes he would agree that voter approval should be required, but if it was impact fees and mitigation lands he was not certain that he could support it. Councilmember Fox responded that it was on existing development which included assessments, property taxes, etc. Mr. Leiter stated mitigation fees or impact fees placed on new development would be continued as had been done in the past. It would not require voter approval. The section entitled "Regional Sources' included what would be Minutes September 27, 1994 Page 4 subject to voter approval. His understanding was that the requirement would be placed only on local sources of funds and land. Mayor Nader stated he was not comfortable that it was totally clear. He questioned why there was not a recommendation from the Resource Conservation Commission. Mr. Leiter responded that staff did not take the specific request to the RCC. Staff had met with the Chair of the RCC to discuss their interest in getting more involved in the program and as a result of that discussion staff planned to place those types of items on their future agendas. Mayor Nader questioned whether staff had any sense of the RCC's feeling of the proposed program. Mr. Leiter responded that they were more focused on biological and land use issues related to the program and had not been brought into the financing issues. He felt they were supportive in moving forward with the program and would support any funding approach that would make it happen. Mayor Nader questioned if the document dealing with financing and acquisition strategies had any impact on the contours of the ultimate plan regarding the quality of biological habitat to be preserved or criteria for habitat to be preserved. Mr. Leiter responded that he did not feel it did. Regardless of the configuration of the program, the type of selection of funding sources would apply and it was not skewed toward a smaller or larger preserve. Mayor Nader stated there had been a difference of opinion as to whether the first criteria should be who the cursent owner was, i.e. public or private, versus whether it should be the biological value of the habitat versus the criteria based on potential utility of the land for development, etc. His question was not related so much to the size of the preserve, but whether the financing acquisition strategy was tied to any particular criteria for what was required. Mr. Leiter responded that he did not believe it was. MS {Nader/Fox) to adopt staff recommendation with the amendment to clarify that only taxes, fees, or impositions on currently existing development would be included in the requirement for ballot approval as opposed to assessments, mitigations or exemptions on new development. Councilmember Fox felt that was the intent of the Policy Committee. Councilmember Hm-ton questioned whether Mr. Leiter agreed with the motion. Mr. Leiter responded that he felt it was the intent of the Committee and would help to clarify the issue. VOTE ON MOTION: approved 3-0-2 with Moore and Rindone absent. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. Minutes September 27, 1994 Page 5 ORAL COMMUNICATIONS ® Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, questione~l who had authorized the color of the new library. Mayor Nader responded that the City Council had approved the recommendation by the architect, Design Review Committee, and staff. Councilmember Horton stated the color was selecteAt by the architect. Council approved the project as submitted by the architect. · Kay Everitt, 469 Emerson Street, Chula Vista, CA, spoke on code enforcement of yard and garage sales and the bootleg posting of signs relating to the sales. She felt the issue neecled to b~ addressed by Council as the sales were an eyesore and brought additional traffic to already congested residential neighborhoods. The existing ordinance should be enforced including monitoring on weekends by City staff. Ken Larsen, Director of Building & Housing, stated the discussion last week was relevant to staff returning to Council with recommendations regarding garage sales. Staff had provided Saturday enforcement last weekend regarding garage sales and bootleg signs and also contacted developers as well as other real estate agencies regarding the placement of bootleg signs. Staffwould take Ms. Everitt's comments regarding garage sales on Fifth Avenue under consideration. Staff felt through public relation skills and diplomacy they could put an end to some of the perpetual garage sales that were occurring. Mayor Nader stated he had seen new illegal signs for candidates. He did not feel any legitimate candidate would have a problem with the enforcement of the City's sign ordinance. The problem when the ordinance was not enforced was that there was an unfair advantage for candidates for governmental office who chose to ignore the law; and, penalized those candidates that chose to obey the law. He hoped staff would b~ diligent in enforcing the ordinance during the campaign. If it was not going to be enforced he felt Council should repeal it so everyone was following the same rules. Mr. Laraen stated each candidate was given a sign "package" which was also available to the campaign managers. Councilmember Fox referred to the situation on Fifth Avenue and expressed concern regarding the safety and traffic issues. He hoped staff would give those areas top priority. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 12. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. RESOLUTION 17672 WAIVING THE CONSULTANT SELECTION REQUIREMENTS AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT EXTENDING CONTRACT NUMBER CO94-082 NOT TO EXCEED $55,000 FOR SOLID WASTE CONSULTANT SERVICES WITH I [ Minutes September 27, 1994 Page 6 BROWN, VENCE AND ASSOCIATES (BVA), AND APPROPRIATING FUNDS THEREFOR - At the 6/7/94 meeting, Council approved a $25,000 contract with BVA for specialized solid waste consultant services relat~l to the first phase development of n transfer station and materials recovery facility. Services under this contract have been provided at the City's discretion end paid for on a "time-and-materials" basis. There is about $4,000 in funds remaining in the current contract. If the City desires to have future services available, en extension of contract funds will be necessary in the near future. The amendment appropriates $30,000 in additional funds for services which ten be projected to be provided to the City at least through the end of this calendar year. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 4/5th's vote required. George Krempl, Deputy City Manager, informed Council there was no report and requested that the resolution be continued one week as it required a 4/5th's vote. MSC (Horton/Fox) to continue Item 12 to the meeting of 10/4/94. Approved 3-0-2 with Moore and Rindone absent. Mayor Neder stated he was concerned that the City was facing a deadline involving a sharp increase in landfill fees prior to the next Council meeting. Mr. Krempl responded that was correct, the fees for private haulers and pick-up trucks would take affect later in October. The increase for the City's franchisee would take affect 10/1/94 with the billing 30 days in arrears. Mayor Nader stated his concern was that the bills would begin accumulating as of 10/1/94 and he felt Council should take some action. Mr. Krempl stated discussion had been enticipated for Closed Session. Mayor Nader state/Item 12 would be trailed until after Closed Session discussion. Mayor Nader stated Council discussed Items 12 and 14 in Closed Session end no action had been taken. 13. REPORT BUILDING PERMIT ACTIVITY OVER THE PAST YEAR AS IT RELATES TO IMPLEMENTATION OF TRANSPORTATION DEVELOPMENT IMPACT FEES - Staff is presenting a written report discussing the rate at which residential building permits have been issued during the past year as compared with previous years. Staff recommends Council accept the report. (Director of Public Works & Director of Planning) John Lippitt, Director of Public Works, stategl staff had been directed to return to Council with a report on growth in the region because if the growth was going to fast there was concern that there would not be revenues in the program to build out the program. The report stated that growth was going as predicted and, therefore, there was no need to raise the fee before 1/1/95. Staff did feel the fee should be raised as originally determined by Council on that date. Staff received two letters, one from the Chula Vista Chamber of Commerce end one from the Rohr Federal Credit Union. Rohr requested that their fee not be increase for enother year end the Chamber requested that the industrial segment of the fee not be increased. Staff felt that to make any changes they would have to review the impact on the program end return to Council prior to implementation of a fee increase. Staff had not had time to analyz~ the entire impact. Minutes September 27, 1994 Page 7 Councilm~mber Hotton questioned if the 3.5 acres Rohr Federal Credit Union wanted to build on was industrial property. Mr. Lippitt responded that he did not know and would have to report back to Council. If it was commercial their fee would not increase, if it was industrial they would only be charged $16,000 par acre. Staff had not had an opportunity to talk to them since receiving the letter. He recommended that staff return with the impacts on the City and developars. Councilmember Fox stated he wanted to see what impacts there would be and whether there would be a positive affect on industrial development. MOTION: (Fox) to direct staff to prepare a report for Council to determine what impacts there would be on the City's fee system and how that would impact industrial development in Chula Vista. Mr. Lippitt stated it would take s~veral weeks to prepare the report and the fee would not go into affect until 1/1/95. MOTION SECONDED: (Horton) motion would cover industrial !and uses only. Mr. Lippitt stated staff would also want to cover legal and equity issues. Mayor Nader stated the legal issues had been addressed in the past by Council and it was a policy issue for Council to d~termine as to where the equities were among different land uses for the citizens in Chula Vista in t~rms of public benefit. He questioned if three welles would he sufficient, his concern was that anyone planning industrial us~ should know as soon as possible what th~ fees would be. Mr. Lippitt stated the meeting of 10/25/94 was extremely busy and recommended 11/1/94. Councilmember Fox stareel it could be scheduled for 10/25/94 and Council could then vote to continue it if necessary. AMENDMENT TO MOTION: (Fox, agreed to by Second of Motion) to direct staff to bring the report back to Council on 10/25/94. Councilmember Fox stated he wanted the report to give an assessment on what impact that would have on industrial development. Mayor Nader stated he was concerned that the information Councilmember Fox had requested, i.e. the impact on industrial development, would require a sophisticated econometric analysis which he felt was outside the expertise of staff. He did not want to delay or fail to get a good report because staff felt they were under direction to provide Council with a quantified impact. Councilmember Fox felt staff could provide information such as a comparison of the fees in other jurisdictions, etc. VOTE ON MOTION AS AMENDED: approved 3-0-2 with Moore and Rindone absent. 14. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. Minutes September 27, 1994 Page 8 John Lippitt, Director of Public Works, informed Council there would be a meeting on Friday between the participating agencies and Mayor Golding of San Diego to discuss the development issue and billing. Due to the possible litigation that could arise he recommended that it be discussed in Closed Session. Mayor Nader stated he would trail the item until after Closed Session. Councilmember Horton questioned if it was the meeting that was being set up by Mayor Shoemaker of El Cajon. Mr. Lippitt responded that it was. Councilmember Horton recluested that staff contact Mayor Shoemaker and let her know that Mayor Nader would attend the meeting and would be representing the Council. Mayor Nader stated Council discussed Items 12 and 14 in Closed Session and no action had been taken. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 11. The minutes will reflect the published agenda order. OTHER BUSINESS ]... 15. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated the next meeting was 10/4/94 and would begin at 4:00 p.m. b. Mr. Goss stated staff had received notification from the League of California Cities that Chula Vista had won two Helen Putnam awards. One award was for the partnership with the Sweetwater School District and EastLake Development for the joint library at EastLake High School and the second award was for City Folks which was the smoking education program for the City. 16. MAYOR'S REPORTf S) a. L~tter received from The Honorable William S. Cannon regarding applications for the Board of Ethics. Mayor Nader stated there was a request at the last Council meeting to get an opinion from the City Attorney regarding the ordinance establishing the Board of Ethics and appointments. The City Attomey's opinion was consistent with his view of what the policy required and what the judge indicated. Judge Cannon reviewed the applications, did not conduct person to person interviews with the applicants, nor had that always been the case, nor did the City policy require him to do so. He felt the judge had done a conscientious review of the applications and that the three names submitPAl were qualified applicants. The City lacked the power to require the judge to do anything else. MS (Nader/Fox) to ratify the appointment of Joanne E. Carson, Billy L. Kelley and Richard D. Schulman to the Board of Ethics. ~'~ Minutes September 27, 1994 Page 9 Councilmember Horton stated she did not have a problem with Judge Cannon's recommendations, but a member of the Board of Ethics had contacted her and stated they felt there should be a physical interview of candidates. She believed other members of the Board of Ethics felt the same way. She suggested that another letter be sent to Judge Cannon requesting that he interview the three appointees. Mayor Nader felt Judge Cannon had made his feelings very clear and he was reluctant to push him any further. He agreed with the Judge that the Council making such a request of him raised some separation of powers issues. If there were members of the Board of Ethics that felt that way maybe they could communicate that to the Presiding Judge of the Municipal Court as Council had made that request already. Councilmember Fox stated he was concerned that a member of the Board of Ethics had approached a member of the Council with that request. If the member represented more than one member of the Board then he would want to adhere to that request. He questioned if the Council had specifically requested that Judge Cannon conduct an interview after it was disclosed to the Council that he had not conducted interviews. Mayor Nader stated that attempts to contact Judge Cannon in order to make such a request were not successful. He did not have any question in his mind that Judge Cannon had made his position clear. Councilmember Fox stated it was within Council's power to interview the applicants as well. Mr. Boogaard responded that was correct. Councilmember Horton stated she was not comfortable in doing interviews for the Board of Ethics. Judge Cannon did know one of the candidates, but did not know the other two. She was not in a position to approve the recommendation at the present time. AMENDMENT TO MOTION: (Horton/Fox) to send a letter to Judge Cannon requesting a physical interview with the appointees. Mr. Boogaard informed Council that he had talked to Judge Cannon regarding Council's request and it was his relatively strong conviction that he should not be getting more involved in the recommendation process than he already was. He did not believe that a 30 minute interview would allow any person to judge the ethical standards of another individual. Unless he had a long term relationship with a person an interview would not help him make a decision one way or another. Mayor Nader stated if he was the one nominating people to the Council he would want to interview people personally. That had been his policy as Mayor. However, in the case of the Board of Ethics, which was a very unique board because it could be called on to investigate members of the Council or candidates for alleged ethical violations, there was a long standing policy, in which the Presiding Judge of the Municipal Court had complied with, to remove themselves from that process and allow the judge to make that recommendation based on whatever criteria he/she felt was appropriate. He felt Judge Cannon had made his position clear. It was not necessarily the way Council would have preferred, but it was a policy to provide independence in the way recommendations to the Board of Ethics were made. Mr. Goss stated the way Council had set up the policy the judge had a rather unique roll. It appeared to be clear, by the reluctance of the judge, that he would not do anything more than he had. To pursue it further could jcopasdize the existing process for independent nomination for the Board of Ethics. SECOND WITHDRAWN: (Fox) Minutes September 27, 1994 Page 10 Councilmember Fox felt that an interview would sometimes make a difference, but that was the process that had been set up and the Council and the City could not require the judge to do anything else. From what he could see the three individuals were qualified. Council had done everything they could do to make sure the process was adhered to. VOTE ON MOTION: approved 3-0-2 with Moore and Rindone absent. b. Ratification of appointments: Board of Appeals - Peter S. Puzon; Board of Ethics o Joanne E. Carson, Billy L. Kelley and Richard D. Schulman - Continued from the meeting of 9/20/94; International Friendship Commission - Eduardo Sebrano - Continued from the meeting of 9/20/94. MSC (Nader/Horton) to ratify the appointment of Peter S. Puzon to the Board of Appeals. Approved 3-0-2 with Moore and Nader absent. c. Site for Kids Biz Program - discussion and possible direction. Continued from the meeting of 9/20/94. Mayor Nader requested that the item be continued to the meeting of 11/4/94. 17. COUNCIL COMMENTS Councilmen~ber Fox: a. Councilmember Fox stated the Library Board would be reviewing the issue of the name for the new library on 9/28/94 and questioned if it would be before Council at the 10/4/94 meeting. Mr. Goss stated that them would not be enough time to get it on the 10/4/94 agenda. Councilmember Fox questioned what type of notice would be provided. Mr. Goss stated he was uncertain as to what type of notice staff was planning. Because of the interest in the issue all those people that had participated in the process would be notified. If there was any further notification Council wanted staff could do that also. Councilmember Fox stated it was a library for the entire City and he was uncertain what type of notice would be required. He requested that when it was brought back to Council that the report include the results of the survey and total responses by area. Councilmember Hotton stated the library was for the whole community and not one segment of the community. If notification was done it would have to go to every resident of Chula Vista. In order to do that it would have to be publicized via the newspaper, etc. Councilmember Fox stated he was not advocating notice to all of the citizens, but wanted to know what type of notice would be utilized. If staff was going to only notice those that had expressed an interest he was satisfied. Mr. Goss stated the survey was not a scientific survey, but a general opportunity for people to express their preference on a name for the library. CLOSED SESSION Council met in Closed Session at 7:08 p.m. to discuss Items 12 and 14, Council reconvened at 7:48 p.m., met in Closed Session at 7:50 p.m., and roconvened at 8:35 p.m. Mr. Goss informed Council that labor negotiations would not be discussed in Closed Session. Minutes September 27, 1994 Page 11 18. CONFERENCEWITHLEGALCOUNSEL-ExistinglitigationpursuanttoGovermnentCodeSection 54956.9 ·Chaparral Greens vs. the City of Chula Vista, County of San Diego, and Baldwin. 19. CON1,ERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Govermnent 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). · Metre Sewer Adjustment Billing. 20. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, PeA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (PEA), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unxepresented. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Govermnent Code Section 54957 · Title: City Attorney 21. 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. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No final actions were taken in Closed Session. ADJOURNMENT ADJOURNMENT AT 8:36 P.M. to the Regular City Council Meeting on October 4, 1994 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. SoderquisC Deput~ Clerk