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HomeMy WebLinkAboutcc min 1994/10/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 4, 1994 Council Chambers 4:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Hotton (arrived at 4:10 p.m.), Moor~, Rindone (arrived at 4:10 p.m.), 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: September 20, 1994 (Joint Meeting of the City Couneil/Redevelopment Agency) and September 27, 1994 (City Council Meeting) MSC (Fox/Moore) to approve the minutes of September 20, 1994 and September 27, 1994 as presented. Approved 3-0-2 with Horton and Rindone absent. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the month of October as "National Arts & Humanities Month." The proclamation was presented by Councilmember Moore to Chairperson Coleen Scott, Cultural Arts Commission. A brief presentation was made by Larry Urritia, Southwestern College Gallery. b. Oath of Office: Board of Appeals - Peter S. Puzon; Board of Ethics - Joanne E. Carson, Billy L. Kelley, and Richard D. Schulman. The Oath of Office was administered by City Clerk Authelet to Peter S. Puzon and Joe/lee E. Carson. c. Proclaiming Wednesday, October 12, 1994, as "Emergency Nurses Day." The proclamation was presented by Councilmember Moore to Corinne Hollings, President of the San Diego Chapter, Emergency Nurses Association. d. A moment of silence was held in remembrance of Reverend James Gearhart. CONSENT CALENDAR (ltems pulled: 7A and 7C) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER FOX, reading of the text was waived. Mr. Goss recommended that Item 17 be deleted from the agenda and rescheduled. Mayor Nader stated it would be incorporated into the Consent Calendar to continue Item 17 to the 10/11/94 meeting. VOTE ON CONSENT CALENDAR: passed and approved unanimously. Minutes October 4, 1994 Page 2 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there was no reportable actions taken from the Closed Session of 9/27/94. It is recommended that the letter be received and filed. 6. ORDINANCE 2605 ESTABLISHING AN ACCESS APPEALS BOARD (second reading and adoption) - The California Code of Regulations, Health and Safety Code mandates the creation of an Access Appeals Board to hear 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 place the ordinance on second reading and adoption. (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/Sth's vote required. Continued from the meeting of 9/27/94. Pulled from the Consent Calendar. Mayor Nader suggested the City tie the program into local auto dealers, i.e contact them to see if they wanted to consider being briefed on the benefits of the rebate program so as they sold vehicles they could make referrals to those that would be under contract to provide the rebates. It would be a mechanism where the local auto dealers could take advantage of the program and generate further business for Chula Vista and help promote the vehicle retrofit program. RESOLUTION 17666 O/eleERED BY MAYOR NADER, reading of the text was waived. Councilmember Rindone hoped that it would also be part of the game plan for the CO2 project and would be just one part of some of the altemative components. * * * Councilmember Horton returned to the dias at 6:38 p.m. * * * VOTE ON RESOLUTION 17666: approved unanimously. 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 CITY 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 Pulled from the Consent Calendar. RESOLUTION 17668 OIq~ERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. MS {Nader/Rindone) to direct staff to contact any/all local auto dealers and/or make it a part of the RFP to have the consultant contact local auto dealers to make them aware of the program and to encourage them to make the rebate program available to their customers as a marketing device. Minutes October 4, 1994 Page 3 Councilmember Rindone questioned if the intent of the motion was to contact major auto dealers and not all auto dealers. Mayor Nader sated it should be new auto (car) dealers, he thought there were only three in the City at the present time. VOTE ON MOTION: approved unanimously. Councilmember Moore sated if they were going to convert a gasoline engine car to electric sometimes it was not best to do it to a new car. A used car would be more economical and logical. Mayor Nader sated it was not limited to new cars or any dealers. In addition to whatever the City might do in the program he wanted the opportunity extended to Chula Visa auto dealers to be tied into the program so it could be offered as an option to their customers. Councilmember Moore sated then it was restricted to new auto sales. Mayor Nader sated it was restricted to the dealers of new auto sales which was a way of restricting it to the major automobile dealers and addressing the concern on used cars that the customer could be getting a larger rebate than the cost of the car. Councilmember Rindone felt whether it was a new vehicle or old vehicle was irrelevant. He questioned whether it should be restricted to those with service dealerships. The intent was that the City was interested in conversions whether new or used. Mayor Nader sated what cars the dealers offered conversions on was up to them to decide. If staff felt there were others that should be tied into the program the motion was intended to be inclusive and not exclusive. The motion was intended to make the program available to the local auto dealers as a marketing tool. 8. RESOLUTION 17675 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE POLICE OFFICERS' ASSOCIATION FOR FISCAL YEAR 1994/95 - Negotiating teams representing the City and the Police Officers' Association (POA) have reached agreement on a Memorandum of Understanding (MOU) covering Fiscal Year 1994/95. The proposed MOU was ratified by POA's membership on September 8th. The major additions and changes to the terms and conditions of the proposed MOU are summarized in the report. Staff recommends approval of the resolution. (Director of Personnel) Councilmember Rindone requested that staff include all costs under the Fiscal Impact Statement so Council would be fully informed. 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 1994/95 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/Sth's vote required. Continued from the meeting of 9127/94. 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 Minutes October 4, 1994 Page 4 Chula Vista Literacy Team has received $34,986 in funding to continue its work developing and offering a variety of smell group writing classes to adult learners at several locations throughout Chula Vista. Staff recommends approval of the resolution. (Library Director) 4/Sth's vote required. Continued from the meeting of 9/27/94. ll.A. RESOLUTION 17676 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 88-3A, EASTLAKE SOUTH GREENS, UNIT 3 (NORTH HALF) - On 7/18/89, Council approved the Tentative Subdivision Map for Tract 88-3, Eastlake Greens. On 8/16/94, Council approved an amendment to the Eastlake Greens Tentative Subdivision Map, Tract 88-3A. The purpose of the amended Tentative Subdivision Map was to reconfigure the phasing of the original development. The final map for the north half of Unit 3 of said tentative maps is before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17677 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER 15200 AND 17618 APPROVING A TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME 12. RESOLUTION 17678 AUTHORIZING THE ADDITION OF TF230 - TRAFFIC SIGNAL SAFETY PROJECT AT FOUR LOCATIONS TO THE FISCAL YEAR 1994/95 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS THEREFOR - Staff is requesting appropriation of $79,200 out of the Traffic Signal Fund to eliminate hazardous conditions at four locations: (1) Palomar Street and Fourth Avenue; (2) Telegraph Canyon Road and Crest/Oleander; (3) Telegraph Canyon Road and Paseo del Rey; and (4) "H" Street and Third Avenue. The first three locations involve the removal of median island traffic signal poles which have been struck repeatedly over the past years. The fourth location involves the relocation of a traffic signal pole within the sidewalk area, which restricts the movement of wheelchair disabled persons. The latter item was brought to staff's attention at a recent American with Disabilities Act public meeting. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Councilmember Fox questioned if the four locations had been ranked or if there were other locations with more frequent occurrences of knock downs. John Lippitt, Director of Public Works, responded that three were almost emergencies, i.e. knock downs that had to be replaced and one was based on anticipated problems. They were not new installations, but repairs. Mr. Booguard informed Council that the reason given for the exemption from CEQA had to be corrected in the resolution to read "Class I" under Section 15.301 instead of "Class 12". Mayor Nader stated that correction would be incorporated into the Consent Calendar. 13. RESOLUTION 17679 ACCEPTING BIDS AND AWARDING CONTRACT FOR "EL DORADO TELECOMMUNICATIONS TRENCH (GG-142)" - On 8/10/94, sealed bids were received for "El Dorado Telecommunieations Trench (GG-142).' Staff recommends approval of the resolution. (Director of Public Works) 14. REPORT. REQUEST TO CONDUCT PARADE FROM MONTGOMERY ELEMENTARY SCHOOL - Montgomery Elementary School is requesting permission to conduct a school parade on 10/12/94. The parade would be held from 12:45 p.m. until 1:30 p.m. Staff recommends Council approve the request subject to staff conditions. (Director of Parks of Recreation) * * END OF CONSENT CALENDAR * * I[ Minutes October 4, 1994 Page 5 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS · Kitty Raso, 373 Third Avenue, Chula Vista, CA, stated Chula Vista did not need another sister city, they needed to take care of the ones they had. She did not feel the City needed too spend money they did not have. Mayor Nader stated the next item on the agenda was to not apply for another sister city at the present time, but send the Mayor and Mayor Elect to Ussurijsk to explore forming a link that would be preliminary to a sister city and continue to ascertain interest in the City. If the interest was there then at a later time consider the formal establishment of a sister city relationship. · Terry Lewis, 457 River Creek Court, Chula Vista, CA, expressed her concern with bills received for emergency services provided in response to a 911 call. Both of her sons had been transported to the hospital in one ambulance for bee stings and she had been charged $806.92. That was for a three mile ride to the hospital in which she had been charged separately for each boy. In contacting Hartsons she had been told that the fees were within the guidelines set by Council. Mayor Nader staled it was appalling that she had been charged for two trips because it was for two boys. He questioned whether that had been authorized by Council. Mr. Goss felt the guidelines were more general and did not deal with those specifics. Staff would review the contract and report back to Council. MS CNadec/Fox) to direct staff to review the contract and report back to Council. Mayor Nader stated if it was supported in the contract Council needed to look at it and if it was not, staff needed to let the contractor know that it was unacceptable. VOTE ON MOTION: approved unanimously. BOARD AND COMMISSION RECOMMENDATIONS 15. THE INTERNATIONAL FRIENDSHIP COMMISSION RECOMMENDS TO COUNCIL THAT THE MAYOR AND MAYOR-ELECT TAKE THE OPPORTUNITY TO TRAVEL TO USSURIJSK, RUSSIA TO EXPLORE A LINKAGE OF FRIENDSHIP WITH THIS CITY. THE INTERNATIONAL FRIENDSHIP COMMISSION IS CONSIDERING A MORE FORMALIZED SISTER CITY RELATIONSHIP WITH USSURIJSK UPON THE REPORT TO THE COMMISSION FROM THE MAYOR AND MAYOR-ELECT AFTER THEIR VISIT TO THE CITY. · Suzanne Ramirez, Chair, International Friendship Commission, stated the issue came before the Commission one week ago, therefore, the minutes were not available. She did not feel the second sentence of the recommendation was a true reflection of the Commission's statement. The Commission felt not so much what the Mayor and Mayor Elect would come back with, but whether there was a showing of tremendous support in the community. There was an event scheduled on 10/9/94 which they felt would be a good indication. The Commission felt that was more important than whether there was support in Russia. Mayor Nader stated he was at the meeting and it was his sense that the Commission wanted to see what suppert there was in the community and to get a report back from the Mayor and Mayor Elect after they met with the officials in Ussurijsk as to what the nature and scope of the program could be. Minutes October 4, 1994 Page 6 Ms. Ramirez stated that was not her recollection. It was very important to the Commission that the business community support it. Mayor Nader stated that was another factor. The Commission had also asked that an invitation be extended to representatives of the business community to go on the trip as well. Councilmember Fox referred to the comments by Ms. Raso and questioned whether the Chair could respond, i.e. the lack of activity with the sister city in Argentina. Ms. Ramirez stated it was a bit awkward as the minutes of the meeting were not available. They had representatives of a number of countries approach them seeking sister cities. The standard policy bed been to organize a group within the community and have them show support and then take it from there. They were in the process of getting organized and were doing things a little differently. A planning workshop had been scheduled for later in the month at which time everything would be considered. It had been brought to the Commission's attention by the Mayor and staff that an overture had been made by a Russian sister city to have Cnula Vista selected as its sister city and that the Commission needed to take advantage of that overture at the present time. The Commission knew that the Mayor had made contact with the Mayor of Ussurijsk which was significant, but they also knew that as of January he would no longer be on Council. If Mayor Elect Hotton and the rest of the Council was not supportive it would not go anywhere, therefore, it was recommended that Mayor Elect Horton go also. The Commission was under the impression that because the contact had been made recently through Mayor Nader, and Mayor Nader's time was short, that the Commission had to act at the present time. Councilmember Fox stated the City was demanding a lot of the Commissioners. It was his understanding that the Commission was interested in establishing trade relations or business opportunities in Ussurijsk which he felt was one of the primary reasons for establishing relations with a city on the Pacific Rim. If that was part of the reasoning he would support it and felt they should move ahead. Ms. Ramirez stated she would be meeting with all Councilmembers within the next few weeks. She envisioned business plans for each sister city within the next six months to one year, i.e. what they wanted to do with each sister city, what was in it for the City of Chula Vista, etc. They did not want to stop the cultural exchanges, but wanted to try and bring in economic development. Councilmember Moore stated the Comn~ssion was not designed to do for the sister cities as the sister cities did for Chula Vista. Government in the U.S. did not have the money for entertainment, etc. He did not feel the IFC should become an economic development cornmission as they were not designed to do that and were not staffed to do that. There were currently three sister cities and he felt that should be reviewed. There needed to be community support. He felt they should first excel in what they were doing, be funded correctly, and find a number that they could handle well. Things needed to be done differently if they were going to have a successful International Friendship Commission. Mayor Nader agreed that some things needed to be done differently. He felt it was evident in telking to the Commission on the Ussurijsk proposal that the nine members of the Commission could not single handedly operate the kind of sister cities program the City wanted to have. The success of the program would depend on community support. One of the things being worked on by those interested in pursuing Ussurijsk was to develop a cadre of community volunteers from off the Commission that would work with the Commission to develop the program. There were presently about a dozen core people ready to work on the program. There was also the advantage with Ussurijsk that because it was a suburb of Vladivostok, which was Sun Diego's sister city on the Russian Pacific Rim, that a number of people from San Diego involved in their program had come forward to volunteer their assistance. It was a situation where there was a good deal of community interest expressed. One of the things the Commission indicated was that they were not ready at the present time to take on an additional sister city, but depending upon the results of the trip and indications of actual community support, then at a later point, they would evaluate whether it was appropriate and desirable to form a permanent sister city relationship. He felt if the commitment was there from the community an economic development aspect should be pursued. That was what the Mayor from Ussurijsk had indicated and that was what he was interested in. I[ Minutes October 4, 1994 Page 7 · Anne Hedenkamp, 515 Second Avenue, Chula Vista, CA, stated she was opposed to another sister city because communications had broken down completely regarding sister cities. It was originally established to be a people to people program to create a better traderstanding between people and now they were talking about business. Councilmember Rindone stated comments made by the Chair were not copacetic with the agenda item regarding the normal process. He questioned whether the commission had formalized any plans to go through the normal process to see if there was community support or interest in forming another sister city. Ms. Ramirez responded that the matter was put on the agenda at the request of Mayor Nader and staff. From the Commission's point of view it was a little premature. A workshop was scheduled for 10/20/94 at which time they would do long range planning. There had been a Council referral for the IFC to consider a Russian sister city. The normal procedure would have been to fred out if there was support in the community, if Council would give additional funds, and if there was business community support, but there seemed to be a sense of urgency from Mayor Nader and staff given the Mayor's recent contact with the Mayor from Ussurijsk and the fact that the Mayor would be leaving office in several months. If Council was inclined to pursue the idea of a Russian sister city the Commission was not opposed to it, but were not prepared at the present time to take on another sister city. It was their understanding that it was something the Council wanted. Mayor Nader stated it was his traderstanding that there would be some other people in attendance later that would speak in support. He felt the majority of the Commission was more enthusiastic about the program than was being represented. Ms. Ramirez responded that the older commissioners were more dodgy about it and the newer cemmissioners were in favor of it. Councilmember Rindone questioned if it was implied that due to the time the current Mayor was in office, if there was not a visitation at the present time the City would lose the opportunity. Ms. Ramirez responded that she could not answer the question. Mayor Nader stated they had indicated to the Commission that the time sensitivity was because the Mayor of Ussurijsk had indicated that he wanted a sister city in the region and that he wanted a visit during the current year. It was not so much tied to when he left office by with the Mayor of Ussurijsk's timetable of wanting to get an indication of the City's seriousness sometime during the present calendar year. Councilmember Rindone questioned what had been the typical procedure for the costs of the trip. Ms. Ramirez responded the Commission would be sending a group of individuals to Odawara in the Spring and that would be paid for by the citizens. In the proposed situation it would be funded from the Couneil's budget, it would not come from the Commission budget. Councilmember Rindone stated the potential costs were not included in the agenda item. Mayor Nader stated it was estimated between $2,500 - $4,000 for two members and was within the existing budget. Councilmember Fox felt the City should take advantage of setting up those business opportunities. He was not voting for a sister city relationship because the Chair was correct that there were more things that needed to be done. The success of the program was dependent upon community support. He also agreed that the IFC should not be an economic development commission, but they could be a very important link. He felt the Mayor and Mayor Elect should be sent to Ussurijsk to explore opportunities for a sister city and business. He agreed they needed to do a better job with the current sister city program. It was also an opportunity to link up with the City of San Diego and their sister city in regional cooperation and regional trade opportunities. Councilmember Horton stated she did not feel that the City was ready to send either the Mayor or herself to Ussurijsk. It should be sent back to the Commission to see what their recommendation was. At the same time, Minutes October 4, 1994 Page 8 see what interest there was in the community regarding a sister city relationship. She felt the economic development prospects sounded very exciting. MS (Hotton/Fox) to refer the issue of establishing a sister city with Ussurijsk back to the International Friendship Commission for their recommendation. The Chamber of Commerce was to be involved. Councilmember Fox questioned whether it should be linked with the City of San Diego and their sister city program. i.e. regional cooperation. Councilmember Rindone felt the motion was to refer it back to the IFC to go through the normal process and review and that all aspects could then be considered. If there was an urgency the Council could sand a letter of support indicating that it under review. He was equally concerned regarding the relationship with the sister city in Argentina. He would not want to drop one city for another until a recommendation was received from the IFC. Councilmember Moore stated the motion was to refer back to the IFC but noted the report before Council did not originate from the IFC, but from senior staff. Therefore, it was not referred 'back* but referred Mayor Nader stated he was uncertain as to what additional information the Council wanted from the IFC unless it was to follow up on some of the organizing that was currently going on in the community and report on that progress. Other than that he felt they had made their recommendation and hoped that Council would act in a manner that would not imply that there was something wrong with the first recommendation. Councilmember Rindone felt Ms. Ramlrez was very articulate in indicating that it was not the normal process for a recommendation and that the only concern was a sense of urgency that was expressed. Perhaps that opportunity would not be lost if a letter was sant indicating that it was under review and allowing the IFC to follow the normal process for review. Mayor Nader stated it was a normal process for the Council to make referrals to any commission, for those referrals to be placed on their agenda, for the commission to consider them and make recommendations to the Council. That was exactly what had happened. He hoped it was clear to the Chair that if Council made another referral to the Commission that it was not intended to send a message that the Commlssion's original recommendation was wrong and needed to be redone. Council did want the Commission to help monitor community support. He questioned whether the Maker of the Motion wanted to incorporate into the motion the inclusion of the San Diego Vladivostok Sister City organization as to their interest in working cooperatively with Chula Vista. Agreed to by the Maker and Second of the Motion to amend the motion to include contact with the San Diego Vladivostok Sister City organization as to their interest in working cooperatively with Chula Vista. To be left up to the International Friendship Commission as to how they wanted to pursue it. Councilmember Rindone requested that the motion be bifurcated. Mayor Nader questioned whether it was acceptable to amend the motion to include a letter from the Mayor of Chula Vista to the Mayor of Ussurijsk indicating that Chula Vista was interested and that the IFC was exploring the community resources that might be available for a formal link and that the City would continue to be in communication with them. Councilmember Rindone felt that was a step that would be appropriate after the Commission had an opportunity to review the proposal. He was particularly interested in the IFC's review of the existing sister cities. It was important that the City upheld its relationship with the three existing sister cities and to do it well. Mayor Nader stated the letter would not state that the City accepted his invitation or that Chula Vista would pursue a sister city relationship. He recommended that a letter be sent indicating that the City was taking under advisament the request and that the City would continue to be in communication with him as the City continued to examine what resources in the community might be available for a potential relationship. Minutes October 4, 1994 Page 9 Councilmember Moore stated the item before Council was a memorandum from senior staff and was not from the IFC. If they were talking about international friendship and cultural relations it was one area, but economies was another. He questioned what the Port did when they sent commissioners and staff to foreign countries to talk about trade. He felt the City should take advantage of that regarding economics. Mayor Nader stated one of the attractions of Ussurijsk was its location on the Pacific Rim and to Vladivostok. The Port did engage in such activities related to economic development and he questioned whether the Maker and Second of the Motion wanted to include contact with the Port District as part of the motion. VOTE ON REFERRAL TO INTERNATIONAL FRIENDSHIP COMMISSION AND CHAMBER OF COMMERCE: approved unanimously. VOTE ON REFERRAL TO CONTACT THE SAN DIEGO VLADIVOSTOK SISTER CITY COMMITTEE TO ASCERTAIN OPPORTUNITIES FOR REGIONAL COOPERATION: Councilmember Rindone stated he would vote against the motion because he felt it was a decision that should be made by the International Friendship Commission and not be forced upon them. He did not want ~ tie {heir hands. Councilmember Fox stated he would support amending the motion to refer it to the Commission itself. He did not feel it should be explored with San Diego if the IFC did not support it. Mayor Nader stated because the Commission only met once a month it might better facilitate the referral if the Commission had at their next meeting information from the San Diego Vladivostok Committee. If the purpose of the referral was to ascertain what resources were there and if it was doable then the more information they could get to the Commission the better able {hey would be to make a recommendation. He recommended that any response from the San Diego Vladivostok Committee go directly to the IFC for consideration and recommendation. Ms. Ramirez requested that if there was information that was to be provided to the Commission that it be done within the next few days so it would allow the Commissioners to have the information prior to the workshop on 10/20/94. Mayor Nader stated that was the intent of the motion. VOTE ON MOTION: approved 4-1 with Rindone opposed. Mayor Nader questioned what answer the City should give to the Mayor of Ussudjsk. Councilmember Moore stated he did not have an objection to the Mayor sending a letter as long as he did not make a commitment on behalf of the City. Councilmember Rindone stated the letter should state the City was continuing to review the request and waiting for a response. ACTION ITEMS 16. 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 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 related to the first phase development of a transfer station and materials recovery facility. Services under this contract have been provided at the City's discretion and paid for on a "time-and-materials" basis. There is about $4,000 in funds I Minutes October 4, 1994 Page 10 remaining in the current contract. If the City desires to have future services available, an extension of contract funds will be necessary in the neat future. The amendment appropriates $30,000 in additional funds for services which can 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/Sth'svotoreqaired. Con~nued from themeefing of 9/27/94. RESOLUTION 17672 OFI~IE;RED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. * * * Councilmember Fox left the dins at 5:23 p.m. * * * · Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, representing the Peoples Lobby, felt Council was over managing a very simple situation. If the pod unit system was utilized these was no need for a transfer station. He requested that Council consider, if the pod unit system and tipping fees cost the same amount or less than the transfer station, which was more advantageous to the City cost wise, environment wise, traffic wise, etc. He had not seen the pod system agendize~l for discussion by Council. * * * Councilmember Fox returned to the dias at 5:25 p.m. * * * Councilmember Horton informed Mr. Garcia that Council was considering all options at the present time. Mr. Garcia felt Council may not need to spend money on a consultant if they determined it was more cost effective for the City to have a pod system rother than a transfer station. Councilmember Horton stated the City could not afford to not look into the transfer station at the present time due to time limitations. It would cost the ratepayers if Council did not move forward expeditiously. Councilmember Rindone stated he could understand Mr. Garcia's frustrations. The Council from the beginning was committed and would always be committed to the option that would be the most cost effective in the long run. Council had been opposed to being forced into a decision in a short period of time which would not provide flexibility and the option to ensure that tipping fees and long term costs that were unreasonable would not be placed on the City. Council was exploring all options at the present time. A. REPORT DETAILED SITE EVALUATION AND RECOMMENDATIONS FOR TRANSFER STATION AND MATERIALS RECOVERY FACILITY - On 9/6/94, Council received a report and preliminary evaluation of 14 candidate sites within the City which could be used for a trash transfer station and materials recovery facility. Staff was directed to proceed with an in-depth evaluation of the three top-ranking sites and to report back with further recommendations. The report describes the methodology and results and also outlines a schedule for a forum for public input on the recommendations. Staff recommends Cooneil accept the report and direct staff to: proceed with the public forum on 10/20/94; report the results of the forum orally at the meeting of 10/25/94; and return to Council in ea~y November 1994 with a final site recommendation. (Deputy City Manager Krempl) Councilmember Rindone stated information on the nearest residential area for Option 2 had not been included. He requested that information be forwarded to Council. George Krempl, Deputy City Manager, responded that it would be somewhat consistent with Option 1 because of their close proximity to each other. Staff would forward that information to Council. MSUC (Rindone/Fox) to accept the report and staff recommendations for Item 16A. B. REPORT CONSIDERATION OF CITY'S OPTIONS FOR LOCAL ENFORCEMENT AGENCY (LEA) DESIGNATION AND CERTIFICATION - On 8/9/94, Council discussed the City's options with regard to changing the current designation of the County's Environmental Health Services as the certified LEA handling the solid waste permitting and enforcement needs within the City's boundaries. To help provide more information about the viability of contracting with another LEA (outside of San Diego County), staff was direct~l Minutes October 4, 1994 Page 11 to issue a Request for Proposals. As part of that direction, staff was also to meet with Environmental Health Services staff regarding the City's concerns about their ability to maintain autonomy and independence from the County Board of Supervisors in the performance of its LEA responsibilities. The report includes feedback on the response, describes the interest level for contract services from other LEAs, and makes further recommendations. Staff recommends Council make no change to the current LEA designation at this time, but direct staff to: (a) begin working with the current LEA for the first phase development of the transfer station while providing notice that the City may still desire a future change; and (b) return in 60 days with a progress report to include an updated recommendation regarding a change to the current service provides. (Deputy City Manager Krempl). Councilmember Rindone stated he had a concern with the conclusion staff made under Item 16B. On page 16B-9, Item 3B, indicated that it stressed working with the proponent during the development stages of the project rather than waiting for the permitting phases. He wanted to accept staffs recommendation but had a number of reservations as to other indications the City had in working with the County that had never been satisfactory. He was conceraed the City would lose time if they did not pursue concurrently the Riverside option as well. The Riverside County LEA had been aggressive and innovative and it was a time where the City needed to be aggressive and innovative, MS (Rindone/Horton) to accept Item 16B report and staff recommendation, but to pursue concurrently the Riverside option as an alternative. Councilmember Fox questioned how staff visualized it would work and how it would impact their workload. Mr. Krempl responded that staff would informally provide the same information to both agencies. He did not feel it would be a significant burden on staff to provide that type of contact. * * * Councilmember Horton left the dias at 5:40 p.m. * * * Councilmember Moore stated the County LEA was independent of the County Public Works Department. The concern that some~one in the County would slow them down or interfere with the liaison because of a conflict in one department appeared to be minimal, if at all. He had faith in the County. He had no objection to the motion but felt it was time to move forward. · Gary Stephany, Assistant Director of Health Services, San Diego County, stated they were also innovative and creative. Environmental Health had been one of the leaders in the State in working with industry in not only protecting the public health, but also in working with industry in processing permits. As Chair of the State organization of LEA's they could be as innovative as anyone else. They were also willing to work with Riverside or anyone else Council wanted them to work with in the interim. They would match their program with anyone. They were an independent agency within the County and enforced State laws, Mayor Nader stated his vote should not be taken as any thing negative towards Mr. Stephany or his agency. He always found them to be highly professional and he appreciated their offer of ongoing cooperation. He was not 100% convinced that the best course for the City was an independent trash system and he was waiting to see if something did develop. * * * Councilmember Horton returned to the dias at 5:46 p.m. * * * VOTE ON MOTION: approved unanimously. * * * Council met in Closed Session at 5:40 p.m. and reconvened at 6:28 p.m. with Councilmember Horton absent * * * 17. RESOLUTION 17680 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK SAFETY PROGRAM, FOURTH AVENUE, EAST SIDE - FROM 450 FEET SOUTH OF ORANGE AVENUE TO ANITA STREET" (STL-218) IN THE CITY - On 8/3/94, sealed bids were received for "Sidewalk Safety Program, Fourth Avenue, East Side - From 450 feet south of Orange Minutes October 4, 1994 Page 12 Avenue to Anita Street' (STL-218). The work to be done consists of street widening, new curb, gutter, sidewalk and miscellaneous landscaping. Staff recommends appwval of the resolution. (Director of Public Works) 4/$th~s vote required. Pulled from the Agenda and continued to the meeting of 10/11/94. Approved unanimously on the Consent Calendar. 18. RESOLUTION 17681 INTENTION TO CONSIDER VACATING A PORTION OF MOSS SfREET NORTHERLY FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO THE 1000 BLOCK OF ALPINE AVENUE AND SETTING A PUBLIC HEARING ON NOVEMBER 1, 1994 AT OR AFTER 6:00 P.M. - The San Diego Country Club and Country Club Villa Estates, owner of the triangular piece of property between Moss and Naples Streets westerly of the juncture of those streets, have requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection. In accordance with the California Streets and Highways Code, in order to consider a request for such vacation, the Council must first hold a public heating. Staff recommends approval of the resolution. (Director of Public Works) Mayor Nader stated the Safety Commission had added additional conditions and questioned if they would be incorporated into an option for Council consideration at the 11/1/94 meeting. John Lippitt, Director of Public Works, responded that was correct. RESOLUTION 17681 OFI~ERED BY COUNCILMEMBER MOORE, reading of the text was waived. Councilmember Rindone supported the comment of Commissioner Moot which summarized a valid concern and therefore, he would vote no on the motion. What the Planning Commission had unanimously voted on was to determine the proposed development at the same time as the request for the vacation. He supported that position although there were pluses and minuses on both sides. Mayor Nader stated he would support the motion on the floor because there were two distinct issues and supporting the resolution on the floor was not supporting any particular development proposal. There was a legitimate safety issue to consider at that particular intersection. · Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Country Club Villa Estates, stated he understood Councilmember Rindone's concerns, but it was a chicken and egg type situation for the proponent. Condition 7 stated that the resolution would not be recorded until the Planning Commission had approved development of the parcel. Before anything could be done a site plan would have to be brought back. The understanding of the applicant was that the City staffs preference would be to allow no more than what would be allowed in the R-1 zone and the vacation would not be recorded until the action that the Planning Commission had suggested was brought back. Councilmember Rindone stated he had missed that and therefore he could support the hearing. VOTE ON RESOLUTION 17681: approved 4-0-1 with Horton absent. 19. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. John Lippitt, Director of Public Works, stated the SanDistrict had met and voted to consider continuing the District staff at a reduced level and to send out letter to the agencies that were not members to see if they were interested in joining. Staff would continue to update Council. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 7A and 7C. The minutes will reflect the published agenda order. Minutes October 4, 1994 Page 13 OTHER BUSINESS 20. CITY MANAGER'S REPORT(S) - No report given. 21. MAYOR'S REPORT(S) a. Ratification of appointment to the International Friendship Commission - Carol Dysart. MS (Nader/Horton) to ratify the appointment of Carol Dysart to the International Friendship Commission. Councilmember Rindone questioned how many applications had been submitted for the vacancy on the IFC and if the Mayor had interviewed more than one applicant. Mayor Nader responded that there were approximately 8-10 applicants and he had interviewed more than one person. Councilmember Rindone questioned whether it was a new position. Mayor Nader stated that there was no incumbent that wanted to be reappointed to the position. He would not be filling any more of those types of vacancies until the City Attorney brought back his report to Council. VOTE ON MOTION: approved unanimously. b. Site for Kidz Biz Program - discussion and possible direction. Continued from the meeting of 9127194. Mayor Nader requested that the item remain on the agenda until the issue was fmalized. He would notify the City Clerk when he wanted it removed. 22. COUNCIL COMMENTS Coundlmember Moore a. Councilmember Moore stated he had artended a meeting at LAFCO in which they considered the 800 MH, system the County was pursuing and the sphere of influence. The sphere of influence was County wide and the cities that were not aboard would not be taxed a fee. Councilmember Horton questioned why the cities were not joining. Councilmember Moore responded that the City of San Diego had their own system, Hartson had their own, SDG&E had their own, etc. He had questioned why the current programs were not bridged and had been told that it would cost more to bridge the existing systems than to bring in a new system. Mr. Goss stated from his perspective tax payers should not pay anything for the new system, the FCC should. The existing frequencies for public safety were being bumped and absorbed by the FCC so they could then go out and sell it commercially and obtain revenue. The City was being forced to go into the other system and staff was reviewing the issue. CLOSED SESSION The Council recessed at 6:56 p.m., met in Closed Session at 7:13 p.m., and reconvened at 8:14 p.m. 23. CONFERENCE WITH LEGAL COUNSEL - Anticioated litigation pursuant to Government Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. Minutes October 4, 1994 Page 14 · City vs. Solid Waste Management JPA (differential rate structure and transfer station legal issues). · Metro Sewer Adjustment Billing. · County of San Diego regarding Daley Rock Quarry CUP. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Govermnent Code Section 54957 · Title: City Attorney 24. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. .25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No final actions were taken in Closed Session. ADJOURNMENT ADJOURaNMENT AT 8:15 P.M. to the Regular City Council Meeting on October 11, 1994 at 6:00 p.m. in the City Council Chambers. ~ A Meeting of the Redevelopment Agency convened at 6:56 p.m. and adjourned at 7:12 p.m. Respectfully submitted, BEVU:RLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deput~4,~Clerk II'