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HomeMy WebLinkAboutcc min 1994/01/18 MINUTES OF A REGULAR MEETING OF THE f~l*lY COUNCIL OF THE ~rlY OF O-1ULA VISTA Tuesday, January 18, 1994 Council Chambers 6:01 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore (arrived at 6:15 p.m.), Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pI.F. DGE OF .AIJI~GIANCE TO THE FIAG, SILENT PRAYER 3. APPROVAL OF MINUTES: November 29, 1993 (Special Meeting of the City Council) and January 11, 1994 (City Council Meeting) MSC (FoX/Rind{me) to apFAove the minutes of Nove~lber 29, 1993 and January 11, 1994 as presented, approved 4-0-1 with Moore absent and Nadex abstnining on the mlnxltes of January 11, 1994. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Elizabeth Lebron - Economic Development Commission. Oath of Office was administered by City Clerk Authelet, Certificate of Appointment was presented by Mayor Pro Tern Horton. b. Prodama~on procJniming the week of January17 - 24,1994 as REV. DR. MARTIN LUTHER KlNG, JR. WEFX in the City of Chula V'ksm. The Proclamation was presented by Mayor Pro Tem Horton to Mary Slovinsky, Chair of the Human Relations Commission. CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OP'V'ERED BY MAYOR NADER, reading of the text was waived, passed end approved 4-0-1 with Moore absenL 5. VVRII'I'EIq COMMUNICATIONS: None submitted. 6. ORDINANCE 2584 ADDING SECTIONS 19.54.015 AND 19.58.055 TO, AND AMENDING SECTIONS 19.46.040, 19.58.070 AND 19.62.050 OF, THE MUNICIPAL CODE RELATED TO ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION (second readjag and adoption) - The project is a City-initiated text amendment to portions of the zoning ordinance to allow auctioning of vehicles, heavy machinery, and equipment upon issuance of a Conditional Use Permit. Staffrecommends Council place the ordinance on second reading and adoption. (Director of Planning) 7. RESOLUTION 17361 APPROVING THE DONATION OF EIGHT SURPLUS OAK CARD CATALOG FILES TO THE SWEk'IWATER UNION HIGH SCHOOL DIS'I'FdCT - The Library has replaced the eight card catalog files that contained 3" x 5" cards listing all the books available with the automated on-line public access catalog. The files were originally ordered in August 1975 and were custom manufactured for Library Minutes January 18, 1994 Page 2 _ use. The files are presently in Central Stores for disposal. Staff recommends approval of the resolution. (Administration) 8. RESOLUTION 17362 WAIVING THE FORMAL BIDDING REQUIREMENT FOR EQUIPMENT AND AWARDING CONTRACT TO WALT RANKIN AND ASSOCIATES TO PROVIDE PLAYGROUND EQUIPMENT FOR THE HILLTOP PARK IMPROVEMENT PROJECT - On 10/5/93, Council awarded a contract to Clancy Construction to construct the Hilltop Park Improvement Project. The alternative bid item for playground equipment was rejected because the cost of the playground equipment proposed by the contractor was $40,200 versus the $31,605 proposed by the vendor. Wait Rankin and Associates was selected by a citizen committee to provide the play equipment for the project. Staff recommends Council determine that competitive bidding is impractical and award the contract to Wait Rankin and Associates for the purchase of equipment for Hilltop Park in the amount of $31,605. (Director of Parks and Recreation) 9. RESOLUTION 17363 ADOPTING MH'iGATED NEGATIVE DECLARATION IS-93-39 FOR OTAY V~H.R'Y ROAD SOUTH (CONSTRUCTION OF OTAY V,aH.KY ROAD PHASE lIl IMPROVEMENTS AND RECONb-rRUCTION OF THE BRIDGE C~OSSING OTAY RIVER) - In compliance with CEQA, an initial study was conducted. The bridge reconstruction and associated roadway improvements are identified as Phase III of the overall roadway improvements. Since no significant unmitigable impacts were identified, a Negative Declaration was prepared. Staff recommends approval of the resolution. (Director of Community Development) 10. RESOLUTION 17364 MAKING DECIARATION REGARDING SURPLUS IN THE IMPROVEMENT -' FUND FOR EASTLAKE ASSESSMENT DIb'rRICT 88-1 (OTAY LAKES ROAD, PHASE I) -The City has conducted proceedings and completed construction of Assessment District 88-1 improvements pursuant to the terms and provisions of the Municipal Improvement Act of 1913. Now that all improvements and payments of ail claims are completed, the City needs to utilize the remaining surplus in the Improvement Fund in accordance with Section 10427.1 of the Streets and Highways Code. Staff recommends approval of the resolution. (Director of Finance and Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND R!~.IATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING CONSIDERING ORDINANCE ESTABLISHING TF.L~GRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE (DIF) TO PAY FOR SEWER IMPROVEMENTS WITHIN TFJ.EGRAPH CANYON SEWER BASIN AS A CONDITION OF ISSUAN(I OF BUILDING PERMrrS FOR CONSTRUCTION IN THE T~.LRGRAPH CANYON SEWER BASIN - On 10/20/92, the City established the Telegraph Canyon Sewer Development Impact Fee. Based on the "Telegraph Canyon Sewer Bas'm Improvement and Financing Plan Amendment Incorporating Pumped Flows" a fee of $560 per pumped EDU should be established. Staff re~ommelKls Council continue die public hearini to the meeting of 2/]/94. (Director of Public Works) Continued from the meeting of ]/4/94. This being the time and place as advertised, the public hearing was declared open. MSC (Nade~/Horton) to continue the public heating to the meeting of Febnuu'y 1, ]994, approved 4-0-1 with Moore absext. ORAL COMMUNICATIONS -- None Minutes January 18, 1994 Page 3 BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACI'ION ITEMS 12. ORDINANCE 2586 ADDING O-IAFrF~, 2.35 TO THE MUNICIPAL CODE RRIATING TO THE CREATION OF A HOUSING ADVISORY COMMISSION TO SERVE AS A RESOURCE TO ADVISE AND MAKE RECOMMENDATIONS TO THE (2-1ULA VISTA HOUSING AUTHORITY, REDEVELOPMENT AGENCY, ~fIY COUNCIL, AND t.;flY MANAGER ON HOUSING ISSUES AND OPPORTUN[[IhS THAT WOULD BENEFIT THE COMMUNITY {'lust reading) - On 3/2/93, Council declared the need for a Chula VIsta Housing Authority (CVHA) and declared the Cit~ Council to be the Commissioners of the Authority. In order to complete the legal formation process of the CVHA, it is required that a Housing Advisory Commission be established. In addition, a report on the recommended mission and goals of the CVHA is discussed. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of Community Development) RESOLUTION 17365 ADOPTING MISSION STA1T~MENT AND GOALS OF THE (3-1ULA VISTA HOUSING AUTHORITY Councilmember Fox questioned if staff felt it was a case where a member of the Council could approach an elected official with County in order to avoid possible legal problems in the future. Chrls Salomone, Director of Community Development, stated he appreciated Councilmember Fox's understanding of the issue. Early on in the negotiations, the County's position was to retain their units. He felt the negotiations would become fairly strong on both sides and staff would appreciate direction from Council and staff would keep Council informed on a week to week basis so Council could advise them. Councilmember Fox stated he was concerned that Chula Vista would be losing out on Section 8 subsidies. He suggested that either the Mayor or a member of Council approach Mr. Bilbray and inform him of the CounciYs concerns. Mayor Nader questioned whether Councilmember Fox would contact the County regarding Council's concerns. Councilmember Fox responded that he would. Councilmember Horton questioned whether the City Attorney's office could handle the situation rather then hiring outside counsel. City Attorney Boogaard responded that he had not evaluated the issue as to whether it needed outside legal counsel and was not prepared to recommend the hiring of an outside attorney. He would be consulting with his staff and advising them and the Council if he felt it could not be handled in-house. Councilmember Horton fek it should be investigated prior to Councilmember Fox contacting a representative of the County Board so Council would know what their position was. Councilmember Rindone questioned the relationship between the seven member commission and the Housing Authority which was comprised by the five Councilmembers. * * * Coua~ilrnenber Moore affived at 6:15 p.m. * * * Juan Arroyo, Housing Coordinator, stated the organizational option Council recommended was to have the Council assume the role of commissioners for the Authority with an advisory body in the form of the Minutes January 18, 1994 Page 4 Housing Advisory Commission. The Commission would be separate from the Authority and would serve as an advisory body. Councilmember Rindone questioned if the existing Housing Advisory Committee would be designated as the Housing Advisory Commission. Mr. Arroyo stated staff was recommending that the current committee assume the positions on the Housing Advisory Commission. There were currently five members with two vacancies and staff felt the two vacancies could be filled with tenants which were required positions. Councilmember Rindone questioned the term "board member" in the report. He could only support the "at- large" members if they were residents of Chula Vista. Mr. Arroyo responded that it would be a board member of a non-profit organization. He stated that was assumed. Councilmember Rindone stated the fiscal impact was unknown and was contingent upon the number of subsidies and the negotiations between the City and County. He did not agree that there was no fiscal impact. Mayor Nader stated his intent was that the existing Housing Advisory Committee members be appointed to the Housing Advisory Commission. The City had a requirement in the Charter that required all commissioners, other than ex-officio members, be residents of the City. City Attorney Boogaard stated that was correct and was included in the proposed ordinance, they would have to be qualified electors. Councilmember Moore stated he was concerned with the "bullets" on page 12-3 and questioned why "powers and duties" had been used rather than "role and function". In order to obtain consistency throughout all boards/commissions the terms "role and function" had been used. He questioned if Council was voting on those items listed on page 12-3 or if they could be changed in the future. City Attorney Boogaard referred to page 12-7, the ordinance did approve "functions and duties". His standard language had been "functions and duties", it would be changed to "role and function". Council would also be voting on the Mission Statement which included some role and function type statements. Councilmember Fox stated that conceivably there would not be any property owners on the Housing Advisory Commission that could be affected and, therefore, give a more balanced approach. Mayor Nader felt that someone who's property stood to benefit would be barred by law from voting for that benefit. The ordinance did require that real estate professionals be represented. Councilmember Horton referred to page 12-3 regarding the power available to the housing authority and questioned if the "bullets" listed were the full range or only those items recommended by staff. Mr. Arroyo stated the "bullets" on page 12-3 were the range of powers and duties that were taken directly out of the State Code. Of those, the recommended ones were listed in the last paragraph. Councilmember Moore referred to page 12-9 regarding ex-officio members and questioned who the Council "designee" would be. City Attorney Boogaard stated the Council would have to designate someone, i.e. the Manager, Mayor, or one of its members to make the call on who would be the other two members. In the absence of an agreement, the power remained with the Council to appoint not more than two additional ex-officio. Councilmember Moore recommended the words "or designee" be deleted. Minutes January 18, 1994 Page S Mayor Nader stated that usually, except for Charter created commissions and several others Council specifically designated different procedures, the Mayor recommended appointments to commissions with Council approval. He questioned whether a different procedure was recommended in the ordinance. City Attorney Boogaard stated it was for ex-officio appointments and he thought that was the standard procedure. Mayor Nader stated that if it was not intended to be a different procedure Councilmember Moore's comments were appropriate. City Attorney Boogaard stated the appointing powers were vested in the City Council. Other options would be appointment by the Mayor with subsequent approval by Council. Councilmember Moore questioned the definition of "qualified electors". City Attorney Boogaard stated they had to be eligible to vote in an election, felons could not qualify until they were off parole. ORDINANCE 2583 PLAC~ ON FIRST READlNG AND RESOLUTION 17365, AS AMENDED, OFFERED BY COUNaLMEMBER ~NE, reading of the text was waived, passed and approved unanimously. Resolution 17365 to be amended to delete 'or designee' on page 12-9, B.2. 13. RESOLUTION 17346 APPROVING AN EXTENSION OF THE AGREEMENT WITH REMY & THOMAS FOR LEGAL CONSULTING SERVICES FOR THE OTAY RANCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The extension is to review environmental documents for compliance with CEQA; provide guidance of processing environmental support documents to assure compliance with CEQA. Staff recommends approval of the resolution. (Deputy City Manager Krempl) Continued from the meeting of 1/4/94. George Krempl, Deputy City Manager, stated his comments related to Items 13 and 14. The main reason for the contract dilemma was due to the process involving the Otay Ranch, the City was to some extent a victim of that process. He felt the terms and costs had been exceeded due to the fact that numerous meetings were held at the end of the process which staff had not antidpated. There could have been the implication from the previous meeting that staff was remiss on the administration of the contract and in monitoring the work, how it was done, and whether it was done cost effectively. That was not the case, the work that was done was clearly done, necessary, authorized, and reviewed. The Baldwin Company was aware of all the work in advance, indicated they felt the work needed to be done, and since indicated the work was done to their satisfaction. The City had an MOU with the County with the City being the lead agency on the contracts. The County had dictated a lot of the work that was done and the City acquiesced to the County on those items which added to the scope of work, cost, and time frame involved. Remy & Thomas did prepare detailed findings for both the City and County. The County process on the JPA, as well as the change in the urban limit line, involved different elements than the City, which resulted in more work and duplication. There were a lot of people that put in extra effort to complete the project, in his view there were two consultants that stepped up and put in extra effort and that was Remy & Thomas and Lettieri McIntyre. Staffrec~mmendedc~ntinuedsupp~rt~nthec~ntractswithanap~~~gyduet~thecircumstances that occurred and the timing in which they were brought to Coundl. The product received was a good one and it was done in a cost effective and timely way. Councilmember Fox stated he was satisfied with the report and recommendations made by staff. He did not like to be put in such a position but did understand. He hoped it was an exception to the rule. Mayor Nader referred to the first paragraph on page 1 of the staff report and questioned what expenditures were still yet to be incurred. Minutes January 18, 1994 Page 6 Tony Lettieri, Project Manager for Otay Ranch, responded Remy & Thomas had to complete work in January for the Findings and for the Mitigation and Monitoring Program. It was anticipated those would be minor. Mayor Nader thought the Mitigation Monitoring Program and Findings had already been approved last year. Mr. Lettieri responded the Mitigation Monitoring Program had to be amended to conform to Council/Board approval. The approval for the County was different than the final documentation of the City and, therefore, both documents had to be done differently. Mayor Nader requested a brief summazy of the nature of the changes. Mr. Lettieri responded the original Mitigation Monitoring Program was based on the staff recommendation and was drafted in February 1993. The final version was based on Council approval which did not include the university in the two villages, did not include the extension of development to the south along the lakes, did not include the level of development proposed in Proctor Valley, the Monitoring Program was not differentiated between the City and the County relative to Village III, etc. Ogden prepared the original set, Remy & Thomas prepared the final set because of the concern regarding the potential litigation. Mayor Nader stated he was confused as Council had approved a document in October which included a Mitigation Monitoring Program which everyone assumed reflected the decisions made, i.e. all changes from the staff recommendations. Mr. Lettieri the CounciL/Board were presented with Errata Sheets of changes that would have to be made, but the final version of the Final EIR and the Findings had to be done twice to conform to the County set of requirements and for the City form. The work needed to complete that was quite extensive which involved review by the City Attorney, County Counsel, and Baldwin's attorneys to make sure the wording was consistent with the wording in the final approval. Mayor Nader stated Remy & Thomas was not billing for work done by the City Attorney, County Counsel, and Baldwin's attorney. Mr. Lettieri stated Remy & Thomas worked for both the City and County and the County asked Remy & Thomas to do their work for them. Mayor Nader requested clarification regarding the use of Remy & Thomas to do some of the County~s work for them. Mr. Krempl stated that was part of the contract. The County Counsel deferred on certain items, by contract, and were satisfied in delegating that work to Remy & Thomas. Mayor Nader stated they had adopted a Mitigation Monitoring Program and Statement of Overriding Considerations. There was an errata sheet that was incorporated into the Council's actions, but it was already done and he questioned what remained to be done. Mr. Lettieri responded that all the work with Remy & Thomas was complete as of the Mitigation Monitoring Program being filed with the Clerk approximately one to two weeks ago. Mr. Krempl responded that the work that occurred since October could be characterized as clean-up of documents to prepare them in final form consistent with the final land use decisions made by both bodies. Mayor Nader stated that given the language included in the staff report he thought there would be more bills for more work that was still to be done. Mr. Krempl stated it was his understanding there would not be any additional work beyond the contract. Minutes January 18, 1994 Page 7 Mayor Nader stated there were numerous references on the billing statement regarding "consultations with a client" and questioned who that would be. Mr. Lettieri responded that could be the City Attorney or County Counsel. RESOLUTION 17346 OFI~'F2~ED BY COUNCIl .MEMBER HORTON, reading of the text was waived, passed and aFF~oved 4-1 with Nader opposed. 14, RESOLUTION 17366 APPROVING FINAL RENEWAL OF THE AGREEMENT WITH LETTIERI- MCINTYRE & ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES FOR OTAY RANCH, AND AUTHORIZING THE MAYOR TO EXECLr~ THE AGI~F.F. MENT - The agreen~ent will extend the time to allow Lettieri-Mclntyre & Associates time to flnalize all documents, coordinate Otay Ranch financial matters, assist the City and County in providing input to the City Attorney and County Counsel on the suit filed on the Final Program EIR, and complete work previously done by other consultants. Staff recommends approval of the resolution. (Deputy City Manager Krempl) RESOLUTION 17366 OP'I"I~D BY COLINCH.MEMBER MOORE, reading of the text was waived, passed and approved 4-1 with Nader opposed. Mayor Nader stated his no vote on Items 13 and 14 did not mean to suggest that they did not do the work billed, but he was concerned regarding the precedent set. 15. RESOLUTION 17367 ADOPTING A GRAFFITI POLICY ON YOUTH SPORT FACILITIES AND STRUCTURES ON CITY PARKLANDS - Graffiti on youth league snack bars and structures located in City parks is a major problem when the responsible groups do not eradicate graffiti in a timely manner. As the graffiti problem increases, the aesthetics of the parks continue to deteriorate. Staff recommends approval of the resolution. (Director of Parks and Recreation) Councilmember Moore was concerned with the policy as grafflti was a city-wide problem. The City staff did not live up to the requirement of removal of grafflti within seven days of notification. If the City did not live up to that, he did not feel the corrective action on any other group should be different than what the City had. Government should be no harsher on others than they were on themselves. It should be a win/win program which should get parents and youth leaders involved to help maintain the facilities, He recommended that on page 15-8, the inclusion of "written" notification. Delete after "if the grafflti on the youth league facility is not eradicated after written notification after seven days..." then add 'lin a timely manner the usage agreement will be reviewed with the appropriate youth league organization at a scheduled meeting'1. Councilmember Fox questioned if Councilmember Moore's proposal allowed the Parks & Recreation Department to bill the organizations that were responsible. Councilmember Moore stated instead of painting it out and submitting a time and material report that had been deleted and a paragraph added that stated if it was not eradicated in a timely manner the usage agreement would be reviewed with the appropriate youth league organization at a scheduled meeting. It would be decided then what that agreement meant and how to correct it. Councilmember Rindone questioned the reason for the proposal. Jess Valenzuela, Director of Parks & Recreation, responded that it was prompted by some leagues that did not take any ownership for their facilities and left the grafflti, After repeated warnings to clean it up they refused to abide by the City~s request. Staff felt the policy would have some teeth in it and would deal with some of the more delinquent leagues in the park system, Councilmember Rindone questioned if the City beneflted from the sales of the concessions for the leagues. Minutes January 18, 1994 Page 8 Mr. Valenzuela responded that no monies came to the City, they were utilized for the benefit of the leagues. Councihnember Pindone felt there was an additional responsibility on the taxpayers who would be footing the bill for a facility that was being utilized by a league for the sole funding benefit of the league. If they were failing to continually address the problem then it was taxpayers dollars subsidizing the facilities. The concern being addressed by the staff was legitimate. There was an alternative, i.e. if the league failed to do it then there could be an abatement of some of their revenues from those sales for the coming season. MS (P, indone4~Fox) to refer the item back to staff and explore the option presented by CouneHm ember Moore to meet with the leagues and also the option of returning a percentage of the sales to the City for graffiti abatement Mayor Nader questioned if the motion was asking staff to look at an option that would require the leagues to commit a portion of their sales to pay for graffiti abatement. Counci]member Pindone stated it would be an option following up on Councilmember Moore's recommendation of renegotiating the leases. In order for them to avoid that penalty they would have to abate the graffiti immediately. Mayor Nader stated the power to renegotiate the agreement would be the enforcement mechanism that Council was asking staff to look at. Councilmember Moore stated the ordinance required written notification and questioned if those notices had been mailed to the leagues in violation. Jerry Foncerada, Parks Superintendent, responded that had been done. City Manager Goss stated there was a certain process that was followed regarding general graffiti eradication. He felt the proposed policy was a refinement of the agreements with the leagues regarding graffiti removal and an extension regarding their maintenance. He questioned if it would make sense to modify the proposed policy to agree with the ctLrrent City policy for written notice and time limit for removal. Staff had talked to the Youth Sports Council, which was the representative of the leagues, and they supported the proposed policy. The issue of the consequence was also supported that if after the period stipulated, the graffiti was not removed and City staff had to paint it over, the delinquent league would be billed for staff time and materials. He was unclear as to what staff was to take back to the leagues and if Council wanted to modify the policy for a time period other than seven days. Mayor Nader questioned how much time was given in the ordinance dealing with private property. Councilmember Moore responded that it was seven days after written notification for private or public property. Mayor Nader questioned how often the contracts with the leagues were negotiated. Mr. Vaienzuela responded they were on a seasonal basis and were negotiated approximately three times a year. Mayor Nader stated he would vote no on the motion because he felt the policy developed in conjunction with the Youth Sports Council was a sound one. The fact that the Youth Sports Council wanted the policy to encourage some of its own delinquent members to clean up their act was what persuaded him. Councilmember Moore did not feel problems would be solved by writing an ordinance or policy. Problems could be solved by bringing people to a meeting and ff agreement was not reached the contract would be renegotiated. Councilmember Pindone stated that had already been done. The cturent motion on the floor was to see ff the other option would be just as effective and provide an inducement to comply. Minutes January 18, 1994 Page 9 Councilmember Fox stated he would support the motion because it did not preclude Council from voting on the proposed policy. Mayor Nader questioned ff it was the intent of the Maker of the Motion that the staff recommended policy could be adopted as a follow-up to the motion and that his motion would simply ask staff to come back with another additional enforcement tool. Coundlmember Rindone stated that was not his original intent, but it would be acceptable. Mayor Nader stated then he would vote for the motion. Councilmember Rindone felt that would give staff two options, either charging them or charge them later when the contract was renegotiated abating a percentage of the sales. That was acceptable to him as the Maker of the Motion. VOTE ON MCYl]ON: appLoved xsnnnlrnOUrdy. RESOLUTION 17367 OFFERED BY MAYOR NADER, reading of the text was waived. Councilmember Rindone stated if the resolution was adopted after approving the motion that staff should have a minimal amount of time to come back with the other option. He hoped staff could return with a revised resolution within two weeks. Mayor Nader suggested that staff be directed to bring back a resolution in two weeks that included what was before Council and include the ability to renegotiate agreements. Mr. Valenzuela responded that he wanted to share the information with the Youth Sports Council and they met once a month with their next meeting in February. He wanted to bring the report back to Council in mid-February. Mayor Nader questioned whether a special meeting could be held. Mr. Valenzuela stated notices could be sent out, but he would like to have full membership represented. MOTION WrI'HDRAWN: (Nader) Mayor Nader questioned what staff would be doing while the referral was pending. Mr. Valenzuela responded that staff would enforce the policy if adopted. In the meantime he would take whatever options discussed by Council and refer those to the Youth Sports Council and get their input. It was important that they had input if the recommendation involved financial sanctions. RESOLUTION 17367 OFFERED BY MAYOR NADER, passed and approved 4-1 with Moore opposed. The motion is to reflect the requirement of "written" notification. 16. REPORT UPDATE ON SOLID WASTE ISSUES - On12/16/93, the lnterim Solid Waste Commission unanimously approved the Third Amendment to the Interim Solid Waste Participation Agreement allowing the cities of Escondido and Oceanside to join the Interim Commission, incorporating the previously relied-upon "bonding opinion" of County Counsel into the Agreement, and clarifying that a surcharge will not be charged on the second fifty percent of ajurisdiction's wastestream. All City Councils were requested to take action on or before 1/21/94. Staff recommends approval of the resolution, noting protest statement consistent with that registered with City's approval of Second Amendment to the Interim Solid Waste Participation Agreement on 8/27/93. (Administration) Minutes January 18, 1994 Page 10 _. RESOLUTION 17368 APPROVING AN AMENDMENT TO THE SOLID WASTE INTERIM AGREEMENT IN RELIANCE ON CERTAIN REPRESENTATIONS AND OPINIONS OF THE COUNTY, UNDER PROTEST AND WITH FULL RESERVATION OF RIGHTS TO SEEK A JUDICIAL DETERMINATION THAT SAID AGREEMENT IS ILLEGAL AND THAT t. IfY*S CONSENT WAS OBTAINED UNDER DURESS George Krempl, Deputy City Manager, reviewed the Audit & Budget Subcommittee report presented to the Interim Solid Waste Commission. The Subcommittee would continue to discuss potential savings from the Flare System, the refinancing of the NCRA facility, and revenue sharing by the San Marcos facility. Further action by the Committee was to proceed with the audit of the Solid Waste Enterprise Fund and to spread the cost of that audit amongst each of the jurisdictions on a tonnage basis, that motion had passed. The NCRA Subcommittee reported the ninety day window for refinancing started on January 4, 1994 to take advantage of the tax savings which would be passed on to the system. There was a suggestion to hire independent legal counsel so the Commission was not relying on County Counsel or other part-time counsel. There was unanimous support for legal counsel and tasks would be to review legal issues concerning the NCRA and to help draft some of the language concerning follow-up on governance. A motion was made that half the cost for legal counsel would be based on tonnage and the remainder based on an equal basis, that motion passed also. The Subcommittee on Governance was being reactivated and documents were being drafted with the basis on a JPA. Staff felt the amendment had the positive effect of recognizing Oceanside and Escondido joining the Interim Commission, and included language the City had requested be included in the agreement. Staff recommended Council proceed conditioned upon the staffs understandings and qualifications on the original signing of the contract plus the two further clarifications regarding the bonding and surcharge. Councilmember Horton questioned why the City voted against fees based on tonnage. Councilmember Rindone responded that if the charges were going to be based on tonnage then representation should be based on tonnage. The City was making the point that when governance was determined, if it was based on tonnage, it would be acceptable to the City. Councilmember Moore questioned if the RFP dealt only with the hauling of trash or if it included other elements of solid waste, i.e. hazardous waste, household waste, recycling, debt service, etc. Stephanie Snyder, Principal Management Assistant, responded the RFP specifically asked for or required transfer station, possibility for materials recovery station by 1998 if the City deemed necessary, and required hauling from a transfer site to disposal site and disposal capacity. Some of the other types of services, such has household hazardous waste program, which were called system components, were made opfonai in the RFP. Mr. Krempl stated the evaluation would be a comparison with the total County system, trying to figure the cost of all their components. The costs needed to be looked at on a total basis. RESOLUTION 17368 OFP'P. RED BY COUNCH.MEMBER RINDONE, reading of I~e text was waived. Councilmember Rindone stated the City won the battle on the definition of selling bonds, but if governance was not determined by 5/31/94 then it had to go back for a revote by all Councils throughout San Diego County which was tougher than what was being proposed. The modification by the City Attorney was appropriate. City Attorney Boogmmi stated the City did not inte!lt to commit itself to bind to any form of governance by 5/31/94. He wanted fieilffiity I~ put language in the final agreement that it wss not a commitmeat to bind the City to any form of governance by that date but that the surcharge abstinence only lasted until 5/31/94. Councilmenbe= Rindone stated that would be acceptable as that had been discussed by t~e Commission. , VOTE ON RESOLUTION 17368: aFptoved unanimously. Minutes January 18, 1994 Page 11 17. REPORT REVIEW PROCESS FOR COMPLETION OF DRAFT CLEAN WATER PROGRAM MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) AND APPOINTMENT OF MEMBERS TO LOCAL JURISDICTION POLICY COMMITTEE - In conjunction with implementation of the San Diego Clean Water Program, the City of San Diego has been coordinating the preparation of a MSCP to mitigate the environmental impacts of sewerage system expansion within the region. On 8/24/93, Council received a status report on the program and approved a "Resolution of Intention" to cooperate in the completion of the plan. Staff recommends Counci lconcur with the establishment of a local jurisdiction policy committee to conduct a review of the working draft MSCP, and to appoint one or two representatives to the committee. (Director of Planning) MS (Rindonefdorto!l) to appoint Cotmcilmembet~ Fox and Moore as the (~ty's representatives. Councilmember Moore felt it would be better if someone else would be appointed as the committee would be functioning past December. Councilmember Rindone stated Councilmember Horton served the Commission and if she wanted to serve in lieu of Councilmember Moore that was acceptable. He felt there should be two representatives. Councilmember Horton expressed concerns regarding time constraints and stated she would serve as an alternate if Councilmember Fox would be the delegate. Mayor Nader stated that if staff found that other jurisdictions were appointing two voting members it could be brought back to Council for reconsideration. AMENDMENT TO MOTION: CRindone/Nade~) to appoint Councilmenbet Fox as the delegate and Counci!membe~ Hotton as the alternate. Approved unanimously. Mayor Nader stated the report indicated that eligible costs could be charged to an appropriate sewer fund account related to the Clean Water Program and was concerned as Council had not committed to participating in the Clean Water Program. He did not view the motion just adopted as such a commitment and wanted staff to be clear about that. Robert Leiter, Director of Planning, stated it was staffs intent to return to Council for formal action and recommendation on that issue. Staff would not make any charges to sewer accounts. * * Council x~cessed at 7:48 p.m. and reconve~ed at 7:54 p.m. with Councilmember Rindone absent * * ITEMS pULI.~n FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 18. cl'17 MANAGER'S REPORTfS) 18a. Scheduling of meetings. City Manager Goss stated he had raised the issue of holding a workshop on Thursday, January 27th at 4:00 p.m. regarding ADA and had been informed the Mayor was unable to attend. Mayor Nader suggested meeting on Friday, January 28th at 4:00 p.m. and that staff poll Councilmembers Horton and Rindone regarding that date. Minutes January 18, 1994 Page 12 18b. City Manager Goss advised Council the City responded to the earthquake in two ways, i.e. a strike team from Chula Vista, National City, Bonita, San Diego, and Coronado which was sent up and recalled almost immediately and an urban search and rescue team of fifty-six personnel from San Diego County. Councilmember Moore stated the City had sent Building Inspectors in the past and questioned whether that had been requested. City Manager Goss stated that had not been requested, but could be requested in the future. 19. MAYOR'S REPORTfS') - None 20. COUNCIL COMMENTS Councilman Fox 20a. Strategies for obtaining regional cooperation toward capitalizing on NAFTA opportunities. Continued from the meeting of 1/4/94. Councilmember Fox proposed the City needed an aggressive plan to go after the Border Environmental Cooperation Commission and the North American Development Bank, both of which supposedly were to be located in the same general area. The proposal would need the region to come together to take advantage of those opportunities. He proposed the City join together with the efforts being made by Mayor Golding in trying to take advantage of NAFTA and provide opportunities and ammunition for her. It was a bold initiative to bring great things to the Southbay region where he felt the Border Environmental Cooperation Commission should go. He then reviewed the six factors he felt were compelling reasons for the BECC to locate in the Southbay region. MS (FoX/Moore) to send a letter from the Mayor to the U.S. EPA Director and any other appropriate govenxmant OtfKial asking they locate the BECC in the Southbey and in the Border Environmental Commerce zone; that the City get the support on the lener from all mareben and anticipated mereben of the Border Environmental Commerce Zone; and Illat the City support the Border Environmental Commerce Zone as a vehicle by which San Diego Southbay could am'act the BECC. Mayor Nader stated Council should have received a letter which he had already sent to federal authm'ities supporting the efforts to bring the Commission to the San Diego area. He felt staff needed to draft the letter to reflect that there had been formal Council action and any further specific facts not included in previous commnnications. Councilmember Fox stated the motion was not intended to circumvent the actions of anyone else. If anyone else was doing anything of substance it wanted to know about it. VOTE ON MOTION: aFp~uved 4-0-1 with Rindone absent. Councilmember Moore questioned if there was someone that was highly respected that could hand deliver some of the correspondence in Washington Councilmember Moore 20b. Councilmember Moore stated he would like to see the City's Disaster Coordinator pursue expanding the disaster plan and drill to include the scenario of the collapse of the ramps on I-5 and 805. The disaster team should be familiar with it and how to implement the plan. City Manager Goss stated that had been incorporated into the disaster plan and could be incorporated into the training as well. Minutes January 18, 1994 Page 20c. Councilmember Moore stated he had artended the SANDAG meeting regarding airport location. No action was taken at the meeting. City Attorney Boogaard requested the authority of the Council to discuss an item off-agenda. The facts of the situation were that a group of residents in the Bayona subdivision of Rancho del Rey were concerned that a guest builder, who had now purchased an adjacent subdivision, was proposing pursuant to a site plan and architectural plan application certain changes that they did not participate in their adjacent subdivision. (Dealing primarily with the color and perhaps slightly smaller size of units, i.e. singie family detached homes.) The Council many years ago when they created the authority for site plan architectural approval specifically did not give the parties to that process the right of appeal to the Council, unlike a similar process of design review where the Council specifically retained the authority to hear appeals. He wanted the Council to know that the item was brewing and the way it was, Council had surrendered appellate authority over any review and so the Planning Commission retained final authority. Staff also felt it was consistent with the streamlining efforts that Council had been trying to implement. If Council wanted that authority back an urgency ordinance could be placed on next Tuesday's agenda to get that authority back. If Council did not want that authority it did not need to be discussed further. The matter was of an urgent nature because staff could not put that authority to Council in time for the matter to be done with the Planning Commission. The only thing being asked currently wouid be that staff be directed to place the ordinance on the agenda next week as an urgency matter to return that authority to Council. MSC (Nader/Moore) to find that the urgency arose afte~ the posting of the agenda as per the City Attorney' s advice. Approved 4-0-1 with Rindone absent. Councilmember Moore questioned whether Rancho del Rey had CC&R's that covered the legality of what could or could not happen. City Attorney Boogaard stated they did within the existing Bayona subdivision, but not the new Coffman and Brode subdivision which did not have CC&R's placed on it yet. Robert Leiter, Director of Planning, stated there was a site approval on them, but there was a new merchant builder that was proposing a different product and the City had the site plan and architectural review approval requirement. Rancho del Rey had some design standards and the City also had standards that were implemented though the planned community zoning process. In other design review matters, other than that, the Council did have appeal authority. It was the only design review situation that Council did not have that authority. In terms of consistency in the process, he felt it made sense for Council to have the same appeal authority as they did with other design review matters. Mayor Nader questioned who would have the right to take an appeal to the Council. City Attorney Boogaard responded that it would be any interested party. Mayor Nader felt that was a point for discussion when the ordinance was brought back for consideration. He felt staff should explore how broad an appeal they may want to have, i.e. if someone could not convince at least one Councilmember to exercise a Council appeal chances were there would be an extensive hearing with no member of the Council inclined to change anything. Staff shouid look at a process that required a Councilmember to take the appeal. City Attorney Boogaard stated his recommendation was consistent with Mr. Leiter's as it would help in the streamlining process. Mayor Nader stated the procedure he had outlined would be intended to preserve streamlining and still preserve some final authority by the elected officials without allowing frivolous appeals to hang up a project. Minutes January 18, 1994 Page 14 MSC (NaderfHorton) to place an urgency ordinance on next weeks agendi~ Apl,:o~ed 4-0-1 with Rindone absent. ADJOURNMENT Council met in dosed session at 8:22 p.m. to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from ate meeting of 1/11/94. Pending litigation pursuant to Government Code Section 54956.9 - Chaparral Greens vs. the City of Chula Vista, County of San Diego, and Baldwin. Pending litigation pursuant to Government Code Section 54956.9 - Jones vs. the City of Chula Vista. Potential litigation pursuant to Government Code Section 54956.9 - regarding ADA Issues. ADJOURNMENT AT 9:10 P.M. to the Regular City Council Meeting on January 25, 1994 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency convened at 7:48 p.m. and adjourned at 7:54 - p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk \ ( by: -_ \~.\_ ~Z;~..~ Vicki C. Soderquist, Deputy~City Clerk