HomeMy WebLinkAboutcc min 1995/02/14MINUTES OF A REGULAR MEETlNG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, February 14, 1995
6:30 p.m.
1. ROLL CALL:
PRESENT:
ALSO PRESENT:
CALL TO ORDER
Council Chambers
Public Services Building
Councilmembers Fox, Moot, Padilia, Rindone, and Mayor Horton
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: February 7, 1995.
Councilmember Fox stated his comments regarding bingo halls should have been included under item
MSUC (Fox/Rindone) to approve the minutes of February 7, 1995 as amended.
present.
SPECIAL ORDERS OF THE DAY:
Oath of Office: Mobilehome Rent Review Commission - Steve Epsten (Ex-Officio). Mr. Epsten was not
CONSENT CALENDAR
(Items pulled: 6A, 6B, and 12)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was
waived, passed and approved unanimously with Councihnember Rindone abstaining on Item 11.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken from the
Closed Session of 2/7/95. It is recommended that the letter be received and filed.
b. Letter requesting Council form a task fnrce to propose a plan to set up an organization to deal with
approvals and permits - Pastor Rick Johnson, Risen Savior Lutheran Church, 625 Otay Lakes Rd., Chula Vista,
CA 91910. It is recommended that the ombudsman meet with Pastor Johnson and address his specific concerns to
the extent there are still outstanding issues and to verify that the streamlining proposals might avoid future problems.
c. Letter requesting financial support for the Bonita Vista High School's Music Machine to perform at
the Cultural Exchange Tour in Australia and New Zealand - Ron Bolles, Director, Vocal Music Department,
Bonita Vista High School, 751 Otay Lakes Rd., Chula Vista, CA 91913. It is recommended that $1,500 of the
Council Contingency Account be granted to the Bonita Vista High School Music Machine in exchange for wlfich
the entire ensemble will perform at the City's Cultural Arts Festival on 5/20/95, the Holiday Festival on 12/9/95
and selected individuals from the group will perform at the Community Pride Fair on 7/4/95.
6.A. ORDINANCE 2621 CREATING A HIGH TECH/BIO TECH ZONE, CREATING A
SUBCOMMITTEE TO GOVERN CERTAIN MATTERS WITHIN THE HIGH TECH/BIO TECH ZONE
OF THE CITY, AND DELEGATING CERTAIN AUTHORITY TO SAID SUBCOMMITTEE (second readin~
and adoorion) - The proposal is to officially implement previously approved project processing streamlining
Minutes
February 14, 1995
Page 2
measures within the EastLake Business Center and EastLake Planned Community. Staff recommends Council place
the ordinances on second reading and adoption. (Director of Planning and Director of Community Development)
Continued from the meeting of 2/7/95. Pulled from the Consent Calendar.
B. ORDINANCE 2622 APPROVING AMENDMENTS TO THE EASTLAKE PLANNED
COMMUNITY DISTRICT REGULATIONS AND ADOPTING NEGATIVE DECLARATION ON 1S-95-11
(second readiml and adoorion) Pulled from the Cnnsent Calendar.
Councilmember Rindone relicfred to page 5 of the minutes of the 2/7/95 meeting, second paragraph, comments by
Councilmember Padilia, which stated twice that final authority would not be given to the subcommittee but remain
with the full Council. That was the intent agreed upon by Council at that time. Neither of the three options
presented reflected the language of the motion. Option 3 would reserve until a future date the decision as to whether
or not the Council wanted to delegate the final decision. Option 2 stated even the final decision making authority
may be allowed to the subcommittee and Option I was the original language that was debated. He felt it should
be amended to state that the full vested powers of the Design Review Committee and the Planning Commission
would be vested to the subcommittee and that the subcommittee would have authority to make recommendations to
Council and final authority regarding various incentives would rest with the Council. He was very disappointed
that such language had not been drafted by staff.
Mr. Booganrd stated in Option 1, regarding the economic development agreement authority, the subcommittee
clearly only had advisory authority capacity. At the 2/7/95 meeting it stated ".... would be defined by subsequent
agreement". It was changed to state they only had authority to review and make recommendations on economic
development matters. If Council wanted their actions as a Planning Commission or Design Review Comnuttee to
be only advisory, then Subparagraphs A and B should be amended. It was his impression that Council was content
with allowing the subcommittee to act in the capacity of the Planning Commission and as a Design Review
Committee and make final decision because Council did have right of appeal of those decisions. Option 1 made
the subcommittee advisory only to Council.
Mayor Horton stated that was the intent of the original proposal two years ago. The subcommittee would have the
authority as presented by the City Attorney, but it was appealable to the full Council. The purpose was to
streamline and eliminate layers of bureaucracy to make the City more competitive in attracting business and help
existing businesses to expand. She could agree to any of the three options.
Councilmember Padilia stated them were three major points: 1) the role of the subcommittee in terms of economic
incentives should be either structurally defined separate from future agreements or Council should wait until the
agreements were drafted before reviewing the issue. The role of the subcommittee, as it regarded economic
incentives, should not be tied to the agreements. It should be a separate menu and then Council could apply the
subcommittee's role to that menu of options. Second, in terms of the original language, if language was added that
clarified that the role was advisory he would support that action. Third, if defined it should be laid out that it was
advisory as to eligibility and whatever recommendations would apply to incentives for a particular applicant. If it
had to be defined, it should be defined separately. He would prefer that Council wait. He would support any
language that left the role of the subcommittee undefined until the draft agreements were prepared. He was talking
specifically about the third power, i.e. economic incentives.
Councilmember Fox agreed with Councilmember Padilia. If the City was going to negotiate with EastLake as to
the role of the subcommittee and what the subcommittee would do, Council should wait until the agreements were
drafted. He would support any of the three options, but felt Option 3 was the best.
Councilmember Rindone did not believe there was disagreement that the Planning Commission and Design Review
Committee fmal authority could be vested with the subcommittee for fast tracking. The single problem was with
the third power, i .e. the menu of economic incentives. He did not want there to be any doubt that the final authority
was not vested in the subcommittee. He questioned if Option 1 was amended to include "the subcommittee shall
have only advisory authority ...." in the second sentence, if it would clarify Council's intent.
Mr. Bungaard replied that it would clarify Council's intent.
Minutes
February 14, 1995
Page 3
MS (Rindone/Fox) adopt Option 1, with the modification to the second sentence, "the subcommittee shall have
only advisory authority ..." and the rest of the paragraph would read the stone.
Councilmember Fox stated he would second the motion with the understanding that it related only to the menu of
economic incentives.
Councilmember Rindone stated that was the intent of his motion.
Mayor Hotton stated everyone was heading toward the same goal but she felt Option 3 would allow the ordinance
to move forward with staff bringing back a separate agreement regarding economic incentives. At that time Council
could make the decision on what authority should be vested with the subcommittee.
Councilmember Fox did not feel Option 3 addressed Councilmember Rindone's concerns. He preferred there be
unanimous consent for an item so important to the City. Council could direct staff to bring back wording regarding
advisory authority only.
Mr. Boogaard stated the ordinance could not be placed on second reading. Any time there was an alteration
between a first and second reading it had to be read as a first reading again.
Councilmember Rindone felt the motion on the floor would not delay any agreement regarding economic incentives
before the second reading would occur. Council was not disagreeing on the first two authorities, but was trying
to clarify the last portion regarding economic incentives.
Councilmember Fox questioned if Option 1 took away all final authority the subcommittee had.
Mr. Boogaard stated the subcommittee would have final authority on whatever final authority the Planning
Commission/Zoning Administrator currently had and whatever authority the Design Review Committee currently
had. That was all subject to appeal by the Council to the Council.
Councilmember Padilia stated it was preferable to wait to see the draft agreements before Council defined what role,
if any, in relation to economic incentives the subcomrmttee should have in relation to those agreements. The intent
of the Council was clear that the only final authority the subcommittee could have would be those that were already
vested in the Planning Commission and Design Review Committee. If Council wanted to move forward he would
support the motion, but preferred to see the agreements and support Option 3 as recommended by staff.
VOTE ON MOTION: approved 4-1 with Moot opposed.
ORDINANCE 2621, AS AMENDED, PLACED ON FIRST READING AND ORDINANCE 2622 PLACED
ON SECOND READING BY COUNCILMEMBER FOX, reading of the text was waived, passed and
approved unanimously.
Councilmember Moot felt Option 3 was the most expedient option and made the most sense until the Council saw
the menu of economic incentives. He could foresee situations where Council may want to delegate minor final
authority. He felt Council was tying their hands before they reviewed the agreement.
Mayor Horton agreed with Councilmember Moot but supported the motion in order to move the ordinance forward.
Council could in the future when the economic menu was presented amend it at that time.
7. ORDINANCE 2623 AMENDING SECTION 10.56.040 OF THE MUNICIPAL CODE - METER
ZONES - DESIGNATED FEES - SCHEDULE XI (second readira; and adoorion) - Staff conducted an analysis
on the need to convert additional short-term meters to long-term meters in some of the downtown parking lots. The
City Attorney determined that the authority to determine the proper configuration can be delegated to the City
Engineer and could be done through an ordinance. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Community Development, Director of Finance, and Director of Public Works)
Minutes
February l4, 1995
Page 4
8. ORDINANCE 2624 AMENDING CHAPTER IX-A.I, PERMITTED AND CONDITIONAL USES
OF THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) I PLAN PC DISTRICT
REGULATIONS (second readine and adontion) - The proposed amendment is to allow dental offices as an
accessory use to a permitted dental laboratory and dental appliance manufacturing. Staff recommends Council place
the ordinance on second reading and adoption. (Director of Planning)
9. ORDINANCE 2625 AMENDING CHAPTER 18.16 OF THE MUNICIPAL CODE IN ORDER
TO ALLOW FOR THE POSTING BY DEVELOPERS OF ALTERNATIVE FORMS OF SECURITY FOR
PUBLIC OR PRIVATE IMPROVEMENTS REQUIRING COMPLETION GUARANTIES IN FAVOR OF
THE CITY AND MAKING MINOR TECHNICAL CORRECTIONS (second readine and adontion) - The
developers of the Channelside Shopping Center (which includes a 120,000 square foot Wal-Mart) are requesting
that a Wal-Mart "corporate guaranty" be accepted as security for the public improvements that the City and the
Redevelopment Agency are requiring for the Project. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Community Development, Director of Public Works, and City Attorney)
l 0. A. ORDINANCE 2626 AMENDING ORDINANCE 2613 BY INCORPORATING MODIFICATIONS
TO THE LAND USE PLAN AND BAYFRONT SPECIFIC PLAN AS ADOPTED BY THE CALIFORNIA
COASTAL COMMISSION ON FEBRUARY 9, 1995 FOR THE CERTIFIED LOCAL COASTAL PROGRAM
AMENDMENT NUMBER 12 (first reading,) - At the 2/9/95 California Coastal Commission meeting, Local
Coastal Program Amendment Number 12 was approved with modifications. Council is now accepting the
Commission's action and adopting the suggested modifications. Staff recommends Council place the ordinance on
first reading and approve the resolution. (Director of Community Development)
B. RESOLUTION 17806 ACCEPTING AND AGREEING WITH THE CALIFORNIA COASTAL
COMMISSION'S FEBRUARY 9, 1995 ACTION ON THE LOCAL COASTAL PROGRAM AMENDMENT
NUMBER 12 AND ACCEPTING AND AGREEING WITH THE CALIFORNIA COASTAL COMMISSION'S
MODIFICATIONS TO THE BAYFRONT SPECIFIC PLAN
Mr. Boogaard informed Council that Ordinance 2626 as presented on the agenda was broken up into two
replacement documents that had been placed on the dias. One was Ordinance 2626 amending the Bayfront Specific
Plan and the other was Resolution 17810 which was an amendment to the General Plan. In lieu of adopting 10A,
Ordinance 2626, he recommended Council place the new ordinance on first reading and adopt the resolution as well
as 10B, Resolution 17806.
ORDINANCE 2626 AMENDING THE BAYFRONT SPECIFIC PLAN SPECIFICALLY SECTION
19.86.003(F) OF THE MUNICIPAL CODE IN ORDER TO IMPLEMENT PROPOSED MODIFICATION
THERETO AS ADOPTED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 1995
FOR THE CITY OF CHULA VISTA CERTIFIED LOCAL COASTAL PROGRAM AMENDMENT
NUMBER 12 (first readimp)
RESOLUTION 17811 AMENDING RESOLUTION NUMBER 16838 (THE CITY OF CHULA VISTA
CERTIFIED LOCAL COASTAL PROGRAM LAND USE PLAN) IN ORDER TO INCORPORATE
MODIFICATIONS THERETO AS ADOPTED BY THE CALIFORNIA COASTAL COMMISSION ON
FEBRUARY 9, 1995 FOR THE CITY OF CHULA VISTA CERTIFIED LOCAL COASTAL PROGRAM
AMENDMENT NUMBER 12
It was the consensus of the Council to place the amended Ordinance 2626 on first reading and adopt Resolution
17811 and 17806 on the Consent Calendar.
11. RESOLUTION 17807 APPROVING SUBMITTAL OF A LOCAL GOVERNMENT USED OlL
OPPORTUNITY GRANT APPLICATION IN THE AMOUNT OF $223,400 TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR FISCAL YEAR 1995/96 - The City has received two
regional grants funded by the Used Oil Enhancement Act totaling $371,850. The grants are funding the recruitment,
Minutes
February 14, 1995
Page 5
support, and promotion of 30 used oil recycling centers in Chula Vista, Imperial Beach, and National City. The
City has also submitted a 1995/96 block grant application ($73,130) which is under consideration. The application
($223,400) would establish an educational partnership with the Sweetwater Union High School District and fund
the residential collection of used oil in Chula Vista and Imperial Beach. Deadline for filing the grant application
is 2/17/95. Staff recommends approval of the resolution. (Conservation Coordinator)
Councilmember Rindone abstained from participation.
12.A. RESOLUTION 17808 APPROVING THE SUBMITTAL OF THE CITY'S FISCAL YEAR
1996/2000 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER
MANAGEMENT PLAN/PERMIT APPLICATION TO THE REGIONAL WATER QUALITY CONTROL
BOARD (RWQCB) - On 2/19/91, Council passed a resolution approving the City's participation in its first NPDES
permit. Said permit was considered an "early" NPDES permit issued by the RWQCB prior to the promulgation
of final United States Environmental Protection Agency regulations. Staff recommends approval of the resolutions.
(Director of Public Works) Pulled from the Consent Calendar.
B. RESOLUTION 17809 APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR
1996/2000 REGIONAL NPDES STORM WATER MANAGEMENT PLAN AND MEMORANDUM OF
UNDERSTANDING - Pulled from the Consent Calendar.
Councilmember Moot stated the program was interesting but was an unfunded federal mandate. He questioned how
the City was currently raising the fees to implement the mandate and clarification of the storm drain fee.
Clifford Swanson, Deputy Director of Public Works/City Engineer, replied that each sewer bill included a $.50
charge per single family dwelling and it varied for other types of properties and was earmarked for the storm drain
fund.
Councilmember Moot stated the fund balance expected to generate $405,000/year and had a fund balance of
$650,000. He questioned how that occurred and if there was a process for rebate to the user.
Mr. Swanson responded that the funds were earmarked tbr CIP projects. Those funds were required for the
program at the current time.
Councilmember Moot stated for 1995-2000 staff was only expecting to spend $425,000/year and there was an excess
of $250,000 in the fund. He questioned if the user had assurance that a surplus would be rebated back to them.
Mr. Swanson replied that the CIP projects were not listed in the report, i.e. storm monitoring stations, etc. Those
would be included in the budget presented to Council in May.
Councilmember Moot referred to the illegal discharges noted and questioned if the San Diego County Department
of Health Services had done the inspection as requested.
Mr. Swanson responded that they had. Staff had been following up on those as rapidly as they were brought to their
attention.
Councilmember Moot stated one of the problems staff had was the lack of authority, without probable cause, to
investigate an illegal discharge or hook-up. He was concerned that the City make some arrangement with Hazardous
Materials to deputize someone from the City so staff would not have to wait for the County of San Diego to
investigate.
Mr. Swanson replied that under the recently adopted storm drain ordinance, staff did have that authority. Staff was
working to implement procedures between Building & Housing, Code Compliance, and the Engineering divisions.
The County was also interested in getting the illegal discharges cleaned up so they were working with the City.
Minutes
February 14, 1995
Page 6
Councilmember Moot stated the U.S. Attorney's Office had funded specific programs to investigate those types of
illegal discharges. He recommended that if there was such a situation that staff consider contacting them directly
utilizing the funds that had been appropriated from the federal government through that office.
RESOLUTIONS 17808 AND 17809 OFFERED BY COUNCILMEMBER MOOT, reading of the text was
waived, passed and approved unanimously.
13.A. REPORT CONSIDERATION OF A REQUEST FOR COUNCIL SUPPORT FOR
PROCESSING A MINOR SPHERE AMENDMENT AND ANNEXATION PRIOR TO COMPLETING THE
CITY'S PENDlNG COMPREHENSIVE SPHERE-OF-INFLUENCE lIPDATE EASTLAKE
DEVELOPMENT COMPANY - The two parcels totaling 22.7 acres were acquired by EastLake Development as
part of a land exchange with the Baldwin Company. Since the parcels are included in a LAFCO Special Study Area
for Otay Ranch and thereby subject to the pending Sphere-of-Influence Update Study, EastLake originally delayed
its annexation application. The timetable for processing the Sphere Update Study, however, will be more protracted
than originally anticipated, and EastLake is requesting to move ahead with the application. Staff recommends
Council accept the report and approve the resolution. (Director of Planning)
B. RESOLUTION 17810 SUPPORTING LAFCO PROCESSING OF THE PROPOSED "EASTLAKE
GREENS EXPANSION SPHERE AMENDMENT AND ANNEXATION" (SA95-3, CA95-3) PRIOR TO
COMPLETION OF THE CITY'S COMPREHENSIVE SPHERE-OF-INFLUENCE UPDATE, AND
REQUESTING WAIVER OF CONDUCTING AUTHORITY PROCEEDINGS IN THE MATTER
14. REPORT CONSIDERATION OF DRAFt REQUEST FOR QUALIFICATIONS TO
BE THE PRESERVE OWNER/MANAGER FOR THE OTAY RANCH PROPERTIES - On 10/28/93, Council
and the San Diego County Board of Supervisors jointly approved the Otay Ranch General Development Plan
(GDP)/Subregional Plan (SRP). The GDP requires the selection and retention of a Preserve Owner/Manager (POM)
prior to approval of the first City Sectional Planning Area or County Specific Plan Area. The POM will be
responsible for resource management, restoration, and enforcement of the 11,375 + acre Otay Ranch open space
preserve. Staff recommends Council accept the report and direct and authorize staff' to transmit the Request for
Qualifications to potential Preserve Owner/Managers. (Special Planning Projects Manager, Otay Ranch Project)
Councilmember Padilia stated the report indicated that in terms of financing for the POM that the mechanism would
be left in place by the Baldwin Company and questioned if there was a potential for a funding mechanism that would
necessitate funding outside of the City or County general funds.
Gerald Jamriska, Special Planning Projects Manager, responded that the General Development Plan specified that
a funding plan must be in place prior to the retaining of a preserve/owner manager. The funding plan would not
involve any dependence upon the City or County general fund. Grants, dedications, start-up fees, etc. would be
looked at to fund the preserve/owner manager. The study would begin soon and he reassured Council that a funding
program would be in place prior to the selection of the preserve/owner manager.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING PCC-95-16; REQUEST TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY ON THE SITE OF THE OTAY WATER DISTRICT WATER TANK,
LOCATED AT THE EASTERLY TERMINUS OF GOTHAM STREET - AIRTOUCH CELLULAR -
AirTouch Cellular is requesting permission to construct an unmanned cellular communications facility at the
southwest corner of the water tank parcel Iocated at the easterly terminus of Gotham Street. AirTouch has requested
a continuance because additional research is needed. Staff recommends the oublic hearira! be continued to
3/14/95. (Director of Planning) Continued from the meeting of 1/24/95.
Minutes
February 14, 1995
Page 7
Mayor Hotton stated the public hearing was open and there was no public testimony.
MSUC (Horton/Fox) to continue the public hearing to the meeting of March 14, 1995.
16. PUBLIC HEARliNG CONSIDERATION TO DETACH FROM OPEN SPACE DISTRICT
NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE TERRITORIES WITHIN OPEN SPACE
NUMBER 20, TO BE EFFECTIVE FISCAL YEAR 1995/96 - The open space maintenance district that was
created for the Rancho del Rey development overlapped two existing open space districts. This action will eliminate
the overlap and was requested by Rancho del Rey Investors so that the ultimate property owners will only have one
open space district on their disclosure statement and tax bill. Staff recommends approval of the resolution.
(Director of Public Works) Continued from the meeting of 1/24/95.
RESOLUTION 17788 ORDERING THE DETACHMENT FROM OPEN SPACE DISTRICT
NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE TERRITORIES WITHIN OPEN SPACE
NUMBER 20; TO BE EI~IFECTIVE FISCAL YEAR 1995/96
Councilmembers Fox and Moot left the dins due to a conflict of interest as they owned property within Open Space
District Number 10.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
the public hearing was declared closed.
RESOLUTION 17788 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 3-0-0-2 with Fox and Moot abstaining.
ORAL COMMUNICATIONS
· Dency Souval, 698 Gilbert Place, Chula Vista, Ca, representing the Cultural Arts Commission, informed
Council that they were requesting the formation of a Cultural Arts Office and full-time Cultural Arts Coordinator.
They felt it was the single most important step in achieving the goals established in Chula Vista 2000. It would help
to create revenues by promoting cultural tourism and enhance the image of the City. It would also enrich senior
services, improve businesses. community exposure, cultivate positive self esteem in youth, create additional
recreational options for the citi~ns, and make Chula Vista a better place to live.
Councilmember Fox stated it was an official request by the Commission. Staff was beginning the budget process,
therefore, he wanted to refer their request to staff for recommendations to Council during the budget process
regarding the Commission's request.
Mayor Hotton questioned when the budget process would be coming before Council.
Mr. Goss stated the budget document was usually transmitted to Council in May. Staff would be discussing the
budget with the Parks & Recreation Department prior to that and he felt it appropriate to have his staff talk with
the Cultural Arts Commission in order to obtain their input.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
17. REPORT
given by staff. No report given.
ACTION ITEMS
UPDATE ON SOL1D WASTE DISPOSAL ISSUES - An oral report will be
Minutes
February 14, 1995
Page 8
18. REPORT
by staff:
UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
John Lippitt, Director of Public Works, stated there would be a meeting on Thursday of the staff members and
attorneys of the participating agencies. They would be discussing the billings by the City of San Diego and the new
legislation proposed by San Diego County legislators for an exemption rather than a waiver. Staff would continue
to update Council.
Mayor Horton questioned if the coalition against the exemption was concerned that the quality of the water would
not be monitored.
Mr. Lippitt responded that was correct. Exemptions could always be removed and a lot of testing would still have
to be done because San Diego still had to comply with the State Ocean Plan. The proposed legislation required that
the ocean quality not be degradated. The problem with the waiver every five years was that it was very expensive
and in order to discuss a waiver the region had to reclaim about 45,000,000 gallons of wastewater by 2010 and
could not add any solids to the ocean that were not currently be added to the ocean. He felt under both options the
ocean would be protected.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 6A, 6B, and 12. The minutes will reflect the published agenda order.
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. 1) Youth Summit meetings had been scheduled on 3/15 and 3/29 at the EastLake
Library, 5:30 - 7:00 p.m. 2) The dedication of the South Chula Vista Library was being scheduled at 2:00 p.m.
on 4/8 in order to accommodate the attendance of the Governor. The Governor's attendance had not yet been
confirmed. 3) There would be a community forum on the border crossing fees on either 2/17 or 2/24 at the Chula
Vista Library. It was being sponsored by Assemblywoman Denise Duchaney. 4) Council used to have workshops
once a month on Thursdays and staff felt there was merit in going into some subjects in depth in a more informal
setting. If Council was interested staff would develop a list of subjects appropriate for workshops for Council
review.
Mayor Horton felt workshops could be called on an as needed basis, i.e. every two months on a Saturday morning.
Councilmember Moot felt the economic incentives for the High Tech/Bio Tech Zone would be appropriate for a
workshop.
20. MAYOR'S REPORT(S)
a. Report on funding and attendance at special events. Mayor Horton questioned if any of the $48,900 for
the 4th of July Fireworks program was paid by the Port.
Dawn Herring, Budget Manager, replied that was only City costs.
Mayor Horton stated the financial picture was probably worse than it had been in the last eight years. In reviewing
the report, she had a real problem in continuing the Community Pride Fair. The costs for the program was $23,900
and only 2,000 people attended. She wanted Council to consider combining the event with one of the other festivals
in order to keep the costs down. Many of the people at the event did not live within the City and others were only
there because they had to be. Chula Vista was the second largest city in the County and the City's cultural arts
program was nothing compared to other cities in the County. It needed to be looked at.
Minutes
February 14, 1995
Page 9
Councilmember Rindone stated the Community Pride Fair was in its infancy. Council did not want to eliminate
other activities in support of the Comnmnity Pride Fair so it was combined with the 4th of July activities and it was
segregated, i.e. in Memorial Park. It was anticipated that it would be included with activities on the "J" Street
Marina for the following year. The Parks & Recreation Department was attempting to address that issue and
integrate the programs. If the two programs were amortized there would be a different cost ratio. He requested
that staff share the original report and update with the Council for review. He further requested that the changes
and recommendations for the upcoming Community Pride Fair be brought to Council early enough so there would
be a chance to make appropriate decisions and not last minute decisions.
Mayor Horton wanted staff to look at combining the Community Pride Fair with one of the other successful events
in the City in order to bring the costs down. There were a lot of activities already in place for the 4th of July and
she questioned whether that was the right day to have the Community Pride Fair.
Councilmember Rindone stated the Community Pride Fair had not been well publicized. Staff's intent was to
integrate it more with the 4th of July activities.
Mayor Horton stated the reason the Community Pride Fair was on the 4th of July was at Council's direction and
not staffs recommendation. It needed to be evaluated because staff was putting time and money into it now. She
questioned if staff could retum within the next two weeks with a recommendation. The Community Pride Fair was
an excellent idea but she felt it could be made better by combining it with another activity.
Ms. Herring responded that it would involve the Parks & Recreation Department and staff would advise them.
MS (Foxatorton) to direct staff to recvaluate the date fnr the Community Pride Fair and perhaps combine
it with another City function.
AMENDMENT: (Fox) to have the option of how staff planned to interface the Community Pride Fair with
the 4th of July activities included in the report to Council.
Mayor Horton stated there was a shortfall of hnds and the Cultural Arts Commission had requested a full time
cultural arts coordinator. She felt the City could better utilize what Councilmember Rindone was trying to do and
accommodate cultural arts by combining it with another event.
CLARIFICATION OF MOTION: (Fox/Horton) direct staff to look at: 1) combining the Community Pride
Fair with another event, not necessarily the 4th of July, in order to save costs; 2) present as an option,
maintaining the Community Pride Fair on the 4th of July, better integrating it with the 4th of July celebration
and return to Council with staff's recommendations on huw to do that; and 3) to get recommendations from
the Cultural Arts Commission.
Councilmember Rindone stated the reason he supported the Community Pride Fair was because Chula Vista had
a very diversified community. That should not be weighed against establishing a full time cultural arts coordinator.
He did not want to pit finding funds for that position against an event that would be supported by the Cultural Arts
Commission. If Council believed that there were merits to having a full time cultural arts coordinator then it should
be prioritized during the budget process. He wanted to be sure that Council was not saying that there would be a
cultural arts coordinator if the Community Pride Fair was discontinued.
Councilmember Fox stated that was not the intent of his motion.
VOTE ON MOTION: approved unanimously.
b. Mayor Horton announced that Councilmember Padilia had been unanimously appointed to serve on the San
Diego Service Authority for Freeway Emergencies and the Abandoned Vehicle Service Authority.
c. Mayor Horton stated she had received a letter from Joseph Ghougassian, a member of the Resource
Conservation Commission, expressing concerns regarding the Resource Conservation Commission and she wanted
to refer the letter to the Economic Development Commission and the Resource Conservation Commission to review
Minutes
February 14, 1995
Page 10
as to whether the commission could be eliminated as per the permit streamling program within the City. The
Environmental Director had stated that many of the concerns expressed in the letter were legitimate and the only
area he felt would be a problem would be with historical sites. Them were other commissions that could review
those sites. Staff was to return with a recommendation to Council.
Councilmember Rindone supported the recommendation and suggested that the current members whose terms were
not expiring be given consideration for vacancies on other boards/comrmssions. He felt that would help to abate
that problem and allow those interested to continue to serve the City.
21. COUNCIL COMMENTS
Councilmember Fox
a. Councilmember Fox stated he had received a letter from the Target Stores regarding their concerns of
accessibility and parking availability at the Target Stores and how roadway improvements on Broadway and Palomar
had affected them. He questioned what staffs intent was.
* * * Mayor Hotton left the dias at 7:51 p.m. * * *
Chris Salomone, Director of Community Development, responded that staff had been in constant contact with Target
regarding both sites. The City had been in a partnership with Sunbelt Development (Target) in developing the
Palomar Trolley Center and they were in negotiations to acquire the National City Marketplace to the north of the
4th Avenue Target store. Their concern was how the City did business, i.e. give incentives to a new business
coming in because it generated new revenues and new jobs. Unfortunately, the good businesses already in the City
did not receive incentives. Concern had developed with the Wal-Mart development going forward which was in
direct conflict with Target and would reduce their sales by about 25 % for about three years and then their sales
would actually exceed the existing sales. Staff was very aware of his concerns.
Councilmember Fox stated his concerns were with the accessibility and parking availability and how it impacted
existing businesses. He wanted to refer it back to staff for a report on what negative impacts there had been at the
South Chula Vista Target and what staff would foresee as negative impacts as it related to accessibility and parking
availability only to the North Chula Vista store.
Councilmember Padilia questioned if adequate notice had been given to Target during the public hearing process.
Mr. Salomone replied that they had been involved in all the negotiations.
CLOSED SESSION
Mr. Boogaard stated that labor negotiations and anticipated litigation would not be discussed in Closed Session.
Council recessed at 7:57 p.m., met in Closed Session at 9:02 p.m. and reconvened at 9:19 p.m.
22.
CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
· City of Chula Vista vs. the County of San Diego regarding approval of a major use
permit for Daley Rock Quarry.
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
Minutes
February 14, 1995
Page 11
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
® Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management,
Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western
Council of Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
· Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-040-16) or
894 Energy Way, Chula Vista, CA (Parcel Number 644-182-07 and
644-182-08). As and for transfer station.
Negotiating parties: Director of Community Development.
Under negotiations: Price and terms of payment.
23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed
Session.
ADJOURNMENT
ADJOURNMENT AT 9:20 P.M. to the Regular City Council Me~ting on February 21, 1995 at 6:00 p.m. in the
City Council Chambers.
A Special Meeting of the Redevelopmeat Agency convened at 7:57 p.m. and adjourned at 8:58 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Dep~,y~City Clerk