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HomeMy WebLinkAboutcc min 1994/04/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 12, 1994 Council Chambers 6:08 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Hotton, Moore, Rindone, and Mayor Nader ALSO PRESENT: Sid Morris, Assistant 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: March 29, 1994 (Special Meeting/Worksession) and April 5, 1994 (City Council Meeting) MSUC (Moore/Rindone) to approve the minutes of March 29, 1994 and April 5, 1994 as presented. Nader abstained on the minutes of March 29, 1994. 4. SPECIAL ORDERS OF THE DAY: 4a. Oath of Office: Patricia B. Kelley - Design Review Committee. Ms. Kelly was not present. 4b. Proclamation declaring April as "Fair Housing Month" and commending the many individuals and organizations who continue to play a key role in the establishment and ongoing success of the City's Fair Housing services and activities such as the Annual Fair Housing Poster Contest. The proclamation was be presented by Mayor Pro Tern Hotton to Heidi Hoag, Interim Executive Director, Fair Housing Council of San Diego. The Mayor made presentations to the winners of the Annual Poster Contest. 4c. Presentation by Citizens for Miramar regarding the 6/7/94 ballot measure to relocate Charles A. Lindbergh Field to Miramar. RESOLUTION 17450 ENDORSING AND SUPPORTING THE JUNE, 1994 MIRAMAR ADVISORY BALLOT MEASURE AND DESIGNATING MlRAMAR AS THE PREFERRED SITE FOR THE SAN DIEGO INTERNATIONAL AlRPORT- Continued from the meeting of 4/5~94. · Dick Brown, 9981 Halo Circle, La Mesa, CA, representing Citizens for Miramar, stated he was available to answer questions. Mayor Nader stated it was his perception there were a number of options open to the region, but some were much more economical and nearer to doability than others. The two that ranked the highest were Miramar and expansion and relocation of Lindbergh Field. He had not seen an indication the City of San Diego was taking any steps towards the last option and questioned whether that had entered into their discussion or position. Mr. Brown responded he had reviewed every study since the mid-50's and every study came to the same conclusion, i.e. Lindbergh would not be adequate and could not be made adequate. Mayor Nader stated he had seen studies that concluded otherwise, but the problem was that to make it adequate it would require the acquisition of land from NTC and MCRD and it appeared the City of San Diego had taken steps to block those actions. Mr. Brown stated the runway at Lindbergh could not be lengthened, even with MCRD property, due to obstn~ctions at both ends of the runway. If the runway was reoriented they would have to take out MCRD, Convair, Ryan, and Plant 19 in order to get the safe zone. He had not seen any studies that said that would be viable. Cost was the other factor, Miramar could be done for $880,000,000 with $670,000,000 bonded With an A rated bond and no cost Minutes April 12, 1994 Page 2 to the taxpayer. It was his hope that if the measure passed all of the cities and County would get together to form an airport authority. The land could then be transferred to the authority. The City of San Diego General Plan specified Miramar as the ultimate airport site and was not shown as open space. The SANDAG Regional Plan also showed Miramar as the ultimate airport site. Both plans stated 'if it became available" and that was what the ballot measure stated. Councilmember Rindone questioned what the most viable points were that supported the relocation of the airport to Miramar if it became available. Mr. Brown stated there was no single issue morn important to the region's economic well b~mg than an adequate airport. Economic studies showed that by the year 2006 there would be a $1.8 billion economic plus by relocating. That was a combination of having a world-class airport and redeveloping the Lindbergh properties. Councilmember Rindone questioned if the Port would have jurisdiction if Miramar became available or if the proposed airport authority would be a separate entity. Mr. Brown responded that issue had not been decided. Formation of an airport authority would require legislative action at the State level. If done, the land would be transferred to the authority and it would be separate and distinct from the Port District. It was his personal hope that because the Port District had tremendous knowledge and expertise in airports that they would oversee the transition and operation of the new airport under the airport authority as they would not be needed by the Port Authority any longer. For the airport to be under the Port Authority their enabling legislation would have to be amended. That could be done and should be reviewed to see if it was viable. Councilmember Rindone stat~xl proponents on both sides indicated that one of the major environmental concerns was noise. Mr. Brown responded that it had been determined that at Miramar there would be no residential property within the 65cnel contour. There were currently 41,000 within the 65 contour at Lindbergh Field. By the year 2000, when the proposed airport would be scheduled to be open, all air carrier aircraft must be Stage III which was the quietest aircraft. They were far quieter than the military aircraft. Currently, all military air traffic was required to fly at low altitude until they were over the ocean due to an airspace conflict with Lindbergh traffic. With that conflict eliminated aircraft could take-off and ascend at a much steeper rata than they currently could at Miramar. There would be a significant reduction in noise under the current operation. If the Marines moved in with helicopters there would be an even more significant increase in noise. Councilmember Rindone stated there was recent opposition by residents near Miramar for the expansion of the trolley system through that area because the location of the station was in a Crash I Zone. Mr. Brown responded that it would lessen, the crash hazard potential for military aircraft was significantly higher than for commercial aircraft due to the natore of their mission and type of aircraft. The rail line unrren~y went to Miramar and light rail could be added at a relatively low cost. · Phil Saenz, 900 Otay Lakes Road, Chula Vista, CA, representing the South County Economic Development Council, stated they supported Proposition A and urged Council's support. Councilmember Rindone questioned what SCEDC's view was of the economic dependency of the military presence. Mr. Saenz stated that issue was discussed. They had been informed that in time there would be more of an economic value with the placement of an airport at Miramar than the continued use by the military. · Scott Alvey, 901 Aveinch Ysidora, Chula Vista, CA, representing Citizens Rejecting Airport Siting Hype (CRASH), stated support of Proposition A was one of the best ways to ensure that the issue of an airport in the southbay would not be reopened. He felt there were safety concerns at Lindbergh and Miramar was clearly logistically, demographically, geographically, the best location for an airport. The merits should be given good consideration. He urged Council to endorse Proposition A. Minutes Apdl12,1994 Page 3 · Robert Penner, 1883 Cubemet Drive, Chula Vista, CA, Port Commissioner, stated he was concerned that the public received the proper information regarding the safety of Lindbergh Field. Lindbergh Field was a safe airport, the FAA would not allow the operation of the airport if it was not safe and they had one of the best safety records of any airport in the country. The Port had not taken a position on the issue. The Port would be co- sponsoring a study to determine what the demand was in the region for air transportation. Councilmember Moore felt the two items that were missing in all the studies were: 1) the public input, i.e. did they want a major airport in the region; and 2) the size of airport that the region could support in competition with Los Angeles, etc. Mayor Nader agreed them had been a lack of study of commercial need or viability. The other coneera was the lack of reliable projections on airport capacity needs for San Diego County. The SANDAG projections had historically overstated the need. The Port was doing its part, but the City of San Diego's response had been to march for any idea but airport use for MCRD and NTC in order to narrow down the choices for an airport to one, i .e. Miramar. Although Lindbergh might be a more economical option and deserving of continued study, the ragion might be short sighted to not pursue the Miramar option under the current circumstances. He felt the third and fourth "Whereas" clauses referring to the deficiencies of Lindbergh Field should be removed from the resolution as they had not been proven. If the military did leave Miramar the region needed to have another economically viable use ready. MOTION: (Nader) to amend the resolution by striking the third and fourth "Whereas" clauses. Councilmember Horton stated she would second the motion if it was bifurcated. She could agree to the elimination of the third clause but was uncertain to the fourth clause. BIFURCATED MOTION: (Naderatorton) to an~end the resolution by striking the third "Whereas" clause. Councilmember Rindone stated he and Councilmember Hotton had sent a letter to Mayor Golding as she had requested dialogue with the Council if the topic was discussed. He questioned whether staff had received a response. Sid Morris, Assistant City Manager, stated no response had been received. VOTE ON BIYURCATED MOTION: approved unanimously. MS (Nader/Fox) to amend the resolution by striking the fourth "Whereas" clause. Councilmember Moore stated he could support the amended resolution which stated "may be detrimental...". Councilmember Horton felt the clause was quite accurate. With the increase in traffic the area would have with the growing neeAs of Lindbergh Field them would be major traffic problems in the area, there were currently traffic problems in the area. Mayor Nader stated his problem was with air traffic. He questioned whether Lindbergh Field, based on actual use, would eminently face air traffic gridlock, as opposed to ground traffic. Dr. Penner responded that he did not feel that was the case at the present time. The air traffic figures had not been expanding expedientially. There were also other ways to increase capacity with larger aircraft, etc. AMENDMENT TO MOTION: (Nader, agreeable to Second of Motion) amend resolution so the fourth clause reads "Whereas traffic congestion may well be detrimental to maximum use of Lindbergh Field". Councilmember Rindone questioned whether it should state ground and air congestion. Mayor Nader responded that traffic congestion generally referred to ground unless air was specified. VOTE ON AMENDMENT: approved unaniraously. Minutes April 12, 1994 Page 4 RESOLUTION 17450, AS AMENDED, OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, approved unanimously. CONSENT CALENDAR (Items pulled: 6, 8, and 12) 5. WRITTEN COMMUNICATIONS: 5a. Letter requesting the City become a partner in the Regional Task Force on the Homless by contributing $2,500 - Frank Lauderville, Project Director, Regional Task Force on the Homeless, 655 Fourth Ave., San Diego, CA 92101. It is recommended that the Regional Task Force on the Homeless request be referred to the Community Development Department for late inclusion in the Commllinty Development Block Grant (CDBG) budgeting process for Fiscal Year 1994/95. 6. RESOLUTION 17451 APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO AIR POLLUTION CONTROL DISTRICT FOR GRANTING $179,750 TO THE ENERGY CONSERVATION FUND FOR DEVELOPMENT OF A TELECENTER AND AMEND, APPROPRIATE AND APPROVE TELECENTER BUDGET FOR $249,750 AND AMEND THE FISCAL YEAR 1993/94 BUDGET TO INCLUDE A TEMPORARY EXPERT PROFESSIONAL 1.0 FULL TIME EMPLOYEE - On 11/23/93, Council accepted $179,750 from the Air Pollution Control Board in grant funds provided to the City for the purpose of developing a neighborhood telecenter. On 2/1/94, Council accepted an additional $100,000 in funding from Caltrans, appropriated $30,000 of that funding to hire a Telecenter Coordinator, and approved participation in the University of California-Davis Institute of Transportation Studies (ITS) Neighborhood Telecenters Project. In order to facilitate development of the Telecenter, staff is returning to Council with a recommended budget and appropriation for the remaining $249,750, to allow the task force and Telecenter Coordinator to continue with site selectiona ativities, and approval of an agreemen twith the County Air Polution Control Board Staff recommends approval of the resolution. (Administration) 4/5th's vote required. Pulled from the Consent Calendar. RESOLUTION 17451, AS AMENDED, OF/~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived. The ti~e of the position is to be changed to Telecenter Director. Approved 4-0-1 with Nader absent. 7. RESOLUTION 17452 APPROPRIATING FUNDS FOR LITIGATION EXPENDITURES (CHRISTOPHER LAWSUIT) - Pursuant to the recent amendments to the Brown Act, the City Attorney reported, following Closed Session at the meeting of 4/5/94, that Council approved his recommendation to appear and defend the defendants named in the case of Christypher vs. the City of Chula Vista and to retain up to three separate lawyers to do so, and to waive the consultant selection process in the selection of attorneys. The vote was 5-0. In order to implement that direction, fun& will need to be appropriated. Staff recommends approval of the resolution. (City Attorney) 4/5th's vote required. 8. RESOLUTION 17453 AUTHORIZING OFFICIALS TO EXECUTE DOCUMENTS UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED - FEMA regulations require a resolution authorizing officials to sign Office of Emergency Services documents. The resolution updates Resolution 15911 to reflect the appointment of a new Fire Chief, who serves as the City's Assistant Director of Emergency Services. Staff recommends approval of the resolution. (Fire Chief) Pulled from the Consent Calendar. Mayor Nader questioned whether there was a reason why Council could not state "the city manager or in the event of his unavailability the acting city manager; the fire chief or in the event of his unavailability the acting fire chief" and the mayor as the top elected official of the City should also be listed. City Attorney Boogaard stated that specimen signatures were required to determine that the documents were executed by those authorized to sign. Minutes April 12, 1994 Page 5 James Hardiman, Fire Chief, stated it was primarily for reimbursement for salaries for the positions of disaster preparedness and not for declarations of emergency. RESOLUTION 17453 OF/~'ERED BY MAYOR NADER, reading of the text was waived, passed and approved unaaimonsly. MS (Nader/Rindone) to direct staff to come back, at their convenience, with a revised resolution that would genetically designate the city manager and in his/her absence the acting city manager; or the fire chief and in his/her absence the acting fire chief; or the mayor and in his/her absence the acting mayor as the person whose signature would he authorized for civil defense funding. Councilmember Rindone stated the resolution should provide that the current officials in the stated positions provide specimen signatures as required. Mayor Nader stated it should be a generic resolution which called for the relevant City officials to have their sample signatures on file without having to come back for a new vote by Council each time. If there was an interim period on Council and there was an emergency he did not want the fact that Council did not vote on a new resolution to be a problem. City Attorney Booguard requested that staff be allowed to contact EMA to determine whether the motion was acceptable. FRIENDLY AMENDMENT: (Nader/Rindone) to have staff return with any legal ramifications before action was taken by Council. VOTE ON MOTION, AS AMENDED: appcoved unanimously. 9. RESOLUTION 17454 ALLOWING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE THIRD AVENUE COUNTRY FESTIVAL ON MAY 1, 1994, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE FEES FOR THE DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT - The Chula Vista Downtown Business Association is requesting permission to close Third Avenue between "E" and "G" Street in order to conduct the 1994 Country Festival on Sunday, May 1, 1994 from 5:00 a.m. to 8:00 p.m. The festivities for this event will include live entertainment along with 100 arts and crafts booths. Staff recommends approval of the resolution. (Director of Community Development) 10. RESOLUTION 17455 OPPOSING A REDUCTION IN FEDERAL TRANSIT OPERATING ASSISTANCE - The proposed Clinton Administration Fiscal Year 1994/95 budget reduces Federal Transit Operating Funds by 25%. The Metropolitan Transit Development Board has requested the City oppose this proposed reduction. Staff recommends approval of the resolution. (Director of Public Works) ll.A. RESOLUTION 17456 ADOPTING MITIGATED NEGATIVE DECLARATION IS 94-19 FOR EASTLAKE GREENS GDP/SPA - EastLake Development Company has informally petitioned the City to use assessment district financing for improvements to be located in EastLake Greens II. A portion of the land proposed to be assessed is outside the City's boundary. As a preliminary step in the proceedings, it is necessary to request consent and jurisdiction from the County of San Diego. Based on the Initial Study and comments thereon, the Coordinator has concluded there would be no significant unmitigable environmental impacts. The Environmental Review Coordinator conducted an Initial Study, IS 94-19, of potential environmental impacts associated with the implementation of the project. Based on the attached Initial Study and comments thereon the Coordinator has concluded that there would be no significant unmitigable environmental impacts and recommends adoption of the Mitigated Negative Declaration issued on IS 94-19. Staff recommends approval of the resolution. (Director of Public Works) B. RESOLUTION 17457 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS II) Minutes April 12, 1994 Page 6 C. RESOLUTION 17458 APPROVING A PROPOSED RESOLUTION OF INTENTION AND REQUESTING CONSENT AND JURISDICTION FOR ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS H) 12. RESOLUTION 17459 RESCINDING AWARD OF CONTRACT FOR LAUDERBACH PARK AND PASEO DEL REY PARK PLAY AREA RENOVATION, RETURNING BID BOND AND AUTHORIZING READVERTISING FOR BIDS - On 11/23/93, Council awarded a contract to Zasueta Contracting Co. for the renovation of Lauderbach and Paseo Del Rey parks play areas. The contractor was unable to submit insurance which met the City's specifications and, as a result, cannot enter into a contract. Zasueta Contracting has requested that the City rescind the award and return the bid bond. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks & Recreation) Pulled from the Consent Calendar. ® Patrick A. Heffler, 3708 Main Street, San Diego, CA, representing Heffler Company, Inc., stated his company was the second low bidder on the project. He requested that Council award the contract to his company as the lowest most responsible bidder on the project. They had the ability to do the project and had the insurance requirements for the project. Mayor Nader questioned why staff was not recommending going with the second lowest bidder. He noted the Heffler bid exceeded the engineers estimate by 50%. Sid Morris, Assistant City Manager, responded that staff felt the City would end up with a lower bid by going back out to bid on the item. Clifford Swanson, Deputy Public Works Director/City Engineer, stated staff looked at the available funding and with the parks funds being very short and the chances of getfrog a better bid they recommended going out to rebid. Councilmember Moore stated Council did not have to accept any of the bids. When there was an estimate of $80,000 and the low bid was $100,000 and the next bid was $125,000 they did not have to accept any of the bids. Mayor Neder stated if the bids came in as high when it was rebid he felt Council may want to reexamine whether it was a project they wanted to go forward with in its entirety at the current time. Councilmember Fox stated that prior to the meeting Mr. Zasueta approached him and stated that his insurance situation had changed and that he might be able to obtain the insurance. He had requested that Mr. Zasueta give the information to staff and he was not able to do that. It was also relayed to him that he had the right to pull the item and comment on it. * * * Mayor Nader left the dias at 8:50 p.m. and returned at 9:13 p.m. * * * RESOLUTION 17459 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved 4-0-0-1 with Nader abstaining. 13. RESOLUTION 17460 APPROVING CHANGE ORDER NUMBER THREE WITH DOUGLAS E. BARNHART, INC. FOR LANDSCAPE AND IRRIGATION INSTALLATION ADJACENT TO THE SOUTH CHULA VISTA LIBRARY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY - Change Order Number Three totaling $22,182 is composed of two elements: 1) move the responsibility for groundcover planting and landscaping in public right-of- way and medians on 4th and Orange Avenues from the Public Works Department's street improvement project to the Library's construction contractor to take advantage of bulk pricing and assure timely installation; and 2) an upgrade in irrigation equipment to comply with the Parks & Recreation Department's Landscape Architect's request. The costs for the landscaping will be reimbursed from the street improvement project funds. Staff recommends approval of the resolution. (Director of Public Works and Library Director) 14. RESOLUTION 17461 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 28, 1994 FOR A 5K/5 MILE ROAD RACE SPONSORED BY THE BONITA ROAD RUNNERS - The Bonita Roadrunners organization is requesting permission to conduct their tenth annual road race on Saturday, May 28, Minutes April 12, 1994 Page 7 1994. A large portion of the race is to be conducted on the streets surrounding Rohr Park, including Sweetwater Road, Bonita Road, Central Avenue, and Willow Road. Staff recommends approval of the resolution. (Director of Parks & Recreation) 15. REPORT EASTLAKE AFFORDABLE HOUSING IMPLEMENTATION PROGRAM AND PROPOSED TASK FORCE - On 12/14/93, Council approved a General Plan Amendment for a portion of the EastLake planned community. Ill conjunction with their action, Council agreed to consider formation of an ad hoc affordable housing task force to assist in the creation of an affordable housing implementation program for the EastLake planned community. The purpose of the report is to set forth a proposed work program for the development of the affordable housing program, and to recommend the specific composition of a task force to assist in developing the program. Staff recommends Council: (1) approve the "program statement" for the EastLake Planned Community Affordable Housing Task Force; and (2) approve the recommended composition of the Task Force, and direct staff to solicit nomination for final approval by Council at a later date. (Director of Planning and Director of Community Development) * * END OF CONSENT CALENDAR * * PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDINANCES None scheduled. ORAL COMMIYNICATIONS · Robert Penner, 1883 Cabernet Drive, Chula Vista, CA, Port Commissioner, updated Council on Port District action regarding a letter sent by the Mayor to the Port requesting that the Port purchase the Shangrila property from the City and construct and commit to constructing a park on that site in the future. It was passed by a 4-3 vote and was currently up to Chula Vista to decide what they wanted to do as the Council had not taken official action regarding the project. Councilmember Horton requested that the item be placed under her comments on the 4/19/94 meeting for discussion. · Councilmember Rindone requested an update on the incident that occurred that afternoon on Broadway. James Hardiman, Fire Chief, informed Council there was an accidental explosion in an underground utility vault on 540 Broadway at 5:00 p.m. A manhole cover flew approximately 500 feet and there were no injuries or damages reported as a result of the explosion. It knocked out power on Broadway between "F" and "I"; if the switching capability was not completed immediately it could take five to six hours to restore power and it would affect the shopping center. Staff would follow-up with an information item to Council. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. REPORT SOUTHVVESTERN COLLEGE TRANSIT FACILITY - On 2/10/93, the Governing Board of Southwestern College approved a location for a transit facility near the proposed new Library/Learning Resource Center. The site is adjacent to the Campus Ring Road in the existing parking lot next to Devore Stadium; access is off East "H" Street. On 2/26/93, a meeting was held at Southwestern College to discuss the location. City staff identified numerous concerns about the location including: additional operating cost for Chula Vista Transit buses; access improvements that would be needed both on East "H" Street and on campus; and the timing of developing a transit facility with the new Library/Learning Resource Center which the College Minutes April 12, 1994 Page 8 anticipates would not be built for at least five years. Staff recommends Council accept the report. (Director of Public Works) John Lippitt, Director of Public Works, gave a brief history of the item. Staff had analyzed the redesign of the parking lot and entrance provided by the College and the staff recommendation was before Council. The Board had stated they did not want to consider any other site and staff felt a joint meeting between the Board and Council was appropriate. Staff had notified those involved with the committee regarding the item being considered by Council. It was not mailed out to the larger group because staff felt if Council did not go along with the staff position the mettar was somewhat dead. If Council did support staff's position a joint meeting would be held and everyone in the area would be notified. Councilmember Moore felt the creation of a transit center was to improve something that was already being done, not more increased buses or necessarily increased passengers. He questioned if that was a correct sta~ment. William Gustafson, Transit Coordinator, responded that was correct. More buses would not be added at the current time. If increased service was required in the future additional buses could be added. There were currently four routes serving Southwestern College. Route 704 went into the college and the other three did not because two of them continued into EastLake. One of the objectives was to centralize the buses at one location for a more efficient operation and convenience of passengers. Councilmember Rindone questioned the reference to the addition of 16 minutes for Routes 709 and 711 with the location recommended by the College. Mr. Gustafson stated it was a worse case scenario, it was timed one morning prior to the start of class. It would not necessarily be the ease for every trip. That would have to be built into the schedule. That route cont'mued to EastLake and would be entering the college on beth the in-bound and out-bound trip and experience delays both ways. Councilmember Rindone questioned how long the funds would be held in reserve. Mr. Gustafson stated he had discussed that with the County and had been told they were willing to keep those funds reserved for the project until a decision was made. He did not know if they would keep the funds committed for years, but would commit the funds for the foreseeable future. Councilmember Rindone stated there had been concern by the College regarding the current route on the perimeter road. If there was no decision or just expansion of the facility in front of the College he questioned what environmental or neighborhood impacts could be anticipated. Mr. Gustafson responded if that were the case, the environmental impacts could be minimized with the signal and crosswalks at Otay Lakes Road and Gotham. If all of the routas stopped on Otay Lakes Road they would have the stop going to the south in front of the College to let passengers off, but the pick-up and lay-over time for the buses would be oriented toward the commercial area to the south of Gotham. He felt that would minimize the impacts on the con~muulty. Councilmember Herton stated $720,000 remained for the project and with the College proposal it was anticipated that the project would exceed that amount. She questioned how that problem would be addressed. Mr. Gustarson responded that if the transit center was built on the College's recommended site and they mede no off-site access improvements to facilitate bus access to the site, the $720,000 could potentially build the facility at that location. Staff did not feel it would function well and would be a deterioration of the service currently being provided to the College unless the site was coordinated with off-site improvements, i.e. exclusive bus lanes and signalization improvements. Those improvements would exceed the $720,000 for the program. Councilmember Herton questioned whether there would be any additional operating costs for any of the proposals to the County. Mr. Gustarson stated the operating costs would be to the transit system. For those buses continuing on to EastLake it would be an additional mile for each trip and the City paid for the service by the mile. The second cost Minu~s April 12, 1994 Page 9 associated with that site was time. In order to maintain the existing service and frequency and to compensate for any delays they would have to add additional buses to at least a couple of the routes which would add to the operating and capital costs over time. The additional costs would come from the City's Transportation Development Act funds. Councilmember Fox stated Site 1B1 was a modification of Site 1B and the major difference was the set beck of 100 feet on 1B to 200 feet on 1B1. Mr. Gustafson stated that was correct. As they discussed that site, staff varied it again to locate it in the existing faculty parking lot as it would set it back further from Otay Lakes Road and result in less impact on existing landscaping. At the second meeting with the community and interested parties there was a consensus on three sites to pursue with the College, the first choice was an expansion of the existing site (Sites 6 and 6A); the second choice was Site 1B1 and the third choice was Site 4. Staff did not feel that minor capital improvements would improve the operating efficiency and benefit the public. A site in front of the College with good access in and out would do that. In order to achieve the Council's objective and the neighbor's objective, Site 1B1 or an expansion of Site 6 would do that. If that was not acceptable he did not see any other options. Sid Morris, Assistant City Manager, stated Site 1B1 had been analyzed and staff felt it would receive most of the same ratings as Site 1B, but would have less of a neighborhood impact and receive a higher overall rating than Site 1B. · Tom Davis, 1657 Gotham Street, Chula Vista, CA, stated only five notices had been sent out regarding the meeting. No one on Otay Lakes Road had been notified. The project was not a transfer center and had nothing to do with Otay Ranch, it was stric~y for the College. The City had changed the bus routes and there was currently only one which left the other three sitting on Otay Lakes Road waiting. The residents of the area never approved a transit center in front of the College. They appeared before the College Board three times and the Board made a decision and the issue was closed. He had called staff three times to fmd out the status of the project and had not been given any information. He did not feel the information being given to Council was accurate and Council should listen to the College Board regarding what they wanted. The Council needed to meet with the College Board. · Joseph Conti, President of Southwestern College, stated in 1993 the ballgame changed for the College because they were funded for a new learning/resource center which would dramatically change the configuration of the campus, complexion of the campus, and the centeredness of the campus. It would move to the north end of the campus which was off the "H" Street entrance. With that in mind the College undertook a study to widen the entrance off "H" Street and intended to make it a four lane entry. Their letter to staff indicated that if City staff or the County wanted a fifth lane for an exclusive bus lane they would have to undertake the costs. They were currently pursuing that plan and designating space for the bus area. It was clear to him that certain actions were taken in removing three of the four bus stops on the campus during the mid-fall semester. The College had made significant investments in providing shelters and two lane areas for the buses to pull off the main perimeter road of the College. The College came up with a proposal and after meeting with City staff. His other concern was the traffic on 'H' Street in the mornings and the left-hand turn on Otay Lakes Road. The left-hand turn lanes were totally inadequate and only installed one year ago. He also questioned the safety of buses stopping on Otay Lakes Road with traffic moving in excess of 40 mph in beth directions. They had waited for a traffic signal for a lengthy period of time. The Board had taken official action which was the equivalent of the Council's action and directed him to inform the City staff that they had reserved space for the bus transit center. Their position was clear, they wanted to cooperate, did a great deal to encourage staff and students to use mass transit, provided supplemental funding for students to take buses, but as far as they were concerned, given what they were doing to the campus, they had identified for themeelves what the best area was for the bus facility. Mayor Nader stated he could understand why the College was unhappy with staff, but the Council had not taken any vote to force a location on the College against the wishes of the Board. Mr. Conti stated that had not been made clear to them. Mr. Morris stated staff felt some continued dialogue on the subject could help resolve or help to come to a better decision. The alternate site on Otay Lakes Road was second best and not the best solution to the issue. With regard to the proposal of Site 1B1, staff understood what the College District indicated, but felt it provided a workable Minu~s April 12, 1994 Page 10 solution and that if staff could make that presentation and provide that background it could be beneficial to the College Board. Staff had presented it to the College staff. It was hoped that a win/win scenario could be reached between the City and the College. Mr. Conti responded that there had been continued dialogue on campus and he was speaking for the Board. The Board had taken action in Febnutty 1993 by which they wished to stand. He also supported that decision along with the general college community and the neighborhood. In terms of the front area of the campus he would never support that recommendation. With the work proposed on Otay Lakes Road there would be an infringement on that area of the campus. Councilmember Fox felt if Council adopted the staff recommendation for a meefmg with the attitude of better understanding the College's position it would be a better approach. Mayor Nader stated he would want to know, prior to going into the meeting if the Board disagreed with the economic analysis of the City staff. Mr. Conti responded that he had not looked at it that carefully, but felt those routes were primarily frequented by college studants. Mr. Morris stated stuff did not back into a proposal in order to make the site proposed by the College look bed. Staff looked at a variety of alternatives and at what the costs would be, what the impacts would be, and if there had been a buy-off by the College it would have made the job much easier. There was a significant cost to the City with the College proposal. It was a policy decision and Council could absorb the costs. Mayor Nader questioned whether the Board felt the transit center was a needed facility. Mr. Conti responded the City, by redirecting the bus routes from the campus, demonstrated that the students would go to where the buses loaded and unloaded. To say that it was needed on campus or that it was needed in general, he did not know that he could support that. He felt there were certain safety questions that he would have to raise. The Board preferred to have a transit center as it was in the best interest of everyone to encourage mass transit. Mayor Nader stated he was rapidly coming to the conclusion that the best way to go would be a joint meeting of the two agencies, with notice to all interested parties, and not going in saying the Council rejected a site recommended by the Board, but an open ended and open minded discussion in order to reach the best conclusion. Mr. Conti stated he would carry forth that request on the Councils behalf. Councilmember Rindone stated it was his understanding that the new library/resource center may not be funded for up to five years. Mr. Conti responded that they would know more after the November bond election. For planning purposes they were us'rag four to five years. n Robert F. Kelley, 875 Otay Lakes Road, Chula Vista, CA, stated he concurred with the college regarding the location of the transit station. It was their understanding after attending the last Board meeting that the location had been determined, he did not know that there would still be meefmgs on the issue. He wanted someone to come up with a bettom line and then the property owners could either object to it, agree to it, or come up with a compromise. MS (Fox/Nader) to adopt staff recommendation #2, to schedule a joint meeting between the Council and the Southwestern College Board to discuss the transit facility project. Councilmember Rindone stated he supported the motion. It was not a uinla~:ral decision on the part of the Council or the College. There was a need for a partnership between the City, College, public, and neighberhood. The site that received the lowest score of all the alternatives evaluated was the one that was the preferred site by the College. The additional costs for that site in ameinties and operation was a very high toll. The greatest fear was that there would not be a resolution to the issue and the transit center would not be built at all. The neighbors should be notified of the joint meeting. Mniuw~s April 12, 1994 Page 11 VOTE ON MOTION: approved unanimously. 17. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. George Krempl, Deputy City Manager, reported that the Campo Indian EPA granted a permit for construction to Mid-American Waste Systems. The operating permit still needed to be issued and it was subject to review by the State Water and Waste Boards. Three members of Council participated at portions of the Interim Solid Waste Commission meeting whieh discussed the proposed joint powers agreement. Language regarding the weighted vote and bonding were added as well as gross negligence on the part of the County in terms of liability. The second major discussion was regarding the NCRRA facility. The Commission voted to not support refinancing of the NCRRA facility because it would lock in for a certain period of time the operation of the plant and restrict the ability and flexibility of the JPA once formed. The Board of Supervisors disagreed with that recommendation and decided to proceed with the NCRRA refinancing. The last item dealt with the Solid Waste Enterprise budget. A two year budget was recommended for approval which would increase the tipping fees from $43/ton to approximately $64-$65/ton over the next two years. The City made a presentation to try to have the host fees included in the two year budget but, it was not successful. The recommendation of the Commission was to allow a very modest amount for mitigation fees, but not to include host fees. It was his opinion that the City would have to be more diligent in their efforts with the County regarding a conditional use permit for some of the things they wanted to do in the Otay landfill and tie a facility fee to a conditional use permit for the landfill. MS (Moore/Fox) Council consider correspondence to the Interim Commission with directions from Council that the total solid waste management system remain under the County with an advisory commission, as per the Interim Commission, and require a 4/5th's vote by the Board of Supervisors to override the commission recommendations. Staff to return 4/26/94 with an agenda item. Councilmember Rindone suggested that because the date of the next Commission meeting was unknown, that it might be better to amend the motion to authorize a delegate to participate in that type of discussion and indicate support for that should it be on the agenda. He did not want to have the City's hands tied. AMENDMENT TO MOTION: (Rindone, agreed to by the Maker and Second of Motion) to authorize the City's dalegates to entertain discussion and conceptually support making the Interim Solid Waste Commission advisory and requiring a 4/5th's vote the Board of Supervisors to override their actions, should that topic be placed on the agenda or offered under comments. Staff is to proceed with the original intent of developing correspondence. * * * Councilmember Horton left the dias at 8:45 p.m. and returned at 8:48 p.m. * * * VOTE ON MOTION, AS AMENDED: approved 4-0-1 with Horton absent. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 6, 8, and 12. The minutes will reflect the published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) - None 19. MAYOR'S REPORT(S) 19a. Ratification of Appointment to the Charter Review Commission - Deric Prescott. MS CNader/Fox) to ratify the appointment of Deric Prescott to the Charter Review Commission. Minutes April 12, 1994 Page 12 Councilmember Moore ste~d he would like to interview the person and without that interview he would not vote for the appointment. VOTE ON MOTION: approved 3-2 with Hotton and Moon opposed. 20. COUNCIL COMMENTS Councilmember Horton 20a. Center of Excellence for Oil Spill Management Training and Research - This is a request to support the location of this training facility in the City of Chula Vista and to approve a resolution asking the Port District of San Diego to participate in discussions to set up the Center and also to request the support of Southwestern College regarding the formation of a non-profit organization for its operation. RESOLUTION 17462 SUPPORTING THE LOCATION OF THE CENTER OF EXCELLENCE FOR OIL SPILL MANAGEMENT TRAINING AND RESEARCH Councilmember Horton gave Council a brief background of the training facility, possible funding, and the formation of the non-profit organization, · George Gillow, representing the Marine Group, gave a brief history of the project. They wanted to get the Port District and Southwestern College talking about the project and begin setting it up. Councilmember Horton clarified that the reason Southwestern College was being brought in was because of the learning/resource center which could help to provide the training the facility would need. The facility would also __ be creating jobs and other similar types of businesses would also be coming into the area to he close to the center. There would also be spin--offs from the tr/tnees utilizing the center. The applicant would want the City to go before the Port to seek funding. Mr. Gillow stated there were a number of alternatives for funding, i.e. a loans from the California Oil Spill Office, the Export Bank of Norway, and the Port lending money to itself. The California Office of Oil Spill and Response had committed $150,000/year to the facility as they would be training at the center. Besides training people on all aspects of oil spill prevention the center could also be used by researchers and attract other environmental type of industries to the area. Councilmember Moore stated he was excited that such a facility may come to Chula Vista and felt the Port's involvement was critical. Councilmember Rindone felt the item should be added to the agenda for the joint meeting with Southwestern College. RESOLUTION 17462 OFI~'ERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. Councilmember Rindone 20b. Council Referral Number 2857 Curfew Violations. Councilmember Rindone stated there had been a lot of dialogue in response to recent incidents and enforcement of the curfew. The memorandum presenW. d to Council provided the two options the City currently utilized regarding curfew enforcement. MS (Rindone/Horton) to establish a task force, chaired by the Chief of Police, to review the issue regarding legal issues, law enforcement implications, and priorities, Staff is to bring back a recommendation on the composition of the task force and members for Council approval. Rick Emerson, Chief of Police, gave a brief review of what was being done in other areas and what was b~mg done at the City level. They had ten or eleven people they felt would work on the task force to look at the issue and the ordinance. Minutes April 12, 1994 Page 13 Councilmember Moore felt them should be a sunset clause for the task force of not more than twelve months. Councilmember Rindone staled he support that recommendation. It was not to be an on-going task force or community advisory group. It was to seek law enforcement input, community input, legal input, and student input. He hoped it would be back to Council in three to four months. VOTE ON MOTION: approved unanhnously. Councilmember Fox 20c. Discussion of possible action to clarify direction of Border Environmental Commerce Alliance. Councilmember Fox stated the BECZ had changed and there were some things that he did not necessarily agree with, but he felt they could be worked out. The primary distinction between what was adopted in the White Paper and the direction to be adopted was the deletion of the eligibility criteria for qualifying businesses. That was done to reach some type of consensus with the San Diego Chamber of Commerce, City of San Diego, and some State agencies. Mayor Nader questioned whether the City of San Diego had voted to join the Zone if Council voted to make the changes. Councilmember Fox stated they had not voted at all. The bottom line was that the White Papers were adopted in May 1993 which included the eligibility criteria and the argument was that the City should not impose those criteria on other jurisdictions for a number of different reasons. He felt the City should reaffirm for itself that there was a set of eligibility criteria. They now had an economic development project with environmentally friendly phrases. When they came before Council in May 1993 it was a balanced project that was an economic development project that hed concrete eligibility criteria. As far as Chula Vista was concerned, leaving out the other jurisdictions, he felt Council should put in a section just for Chula Vista that them was still eligibility criteria. Council always had the option of modifying that. Mayor Nader sated without any distinguishing criteria the City did not have a hook with either the State or Federal governments. There needed to be something that was different in the application of incentives to make the Zone viable. It had always been the notion that the City would tap into environmental technologies and to help address border and environmental issues. He suggested a different approach, i.e. direct staff to rewrite a portion of the White Paper dealing with eligibility criteria to make it very clear that the criteria did not apply to businesses locating in the Zone, but to those businesses taking advantage of incentives set up as part of the Zone. He felt that would address the concerns raised. MS (Nader/Fox) to direct staff to revise that portion of the White Paper dealing with elgibility criteria to clarify that the criteria was not a requirement for locating in the Zone but to eligibility for financial incentives within the Zone. Councilmember Herton stated she was against the motion. If the City did not get San Diego to buy into the project there would not be a border/environmental alliance and they would not be able to take advantage of certain funding that would be available for the project if San Diego did not participate. She understood Councilmember Fox's concerns, but felt the criteria could be changed for the City after the alliance was set in place. Different categories could be set, i.e. funding, and different types of funding. Chula Vista should set its own criteria, but it should be done after San Diego was on board and there was an alliance. She felt the entire alliance could buy into it at that time. Mayor Nader felt it was a crucial mistake to wait on the City of San Diego. If there was information that there was funding that was assured if the City of San Diego joined he wanted to receive it. There was absolutely no assurance the City of San Diego would join no matter what was done to the White Paper. He had every reason to think that if the criteria was removed from the plan there would be no program left for the Federal government to fund. No one had to meet the criteria to locate within the zone, that was not the issue. Cheryl Dye, Economic Development Manager, stated staff was working in conjunction with the City of San Diego to pursue Federal Economic Development Administration funding. That would be jeopardized if they did not have Minutes April 12, 1994 Page 14 the City of San Diego. It would be specifically for the environmental technology resource center and environmental incubator. Mayor Nader questioned whether staff was recommending a new set of criteria for participating in financial incentives in the Zone. Ms. Dye responded they were not. As the program was being proposed them was a variety of business development, technical assistance, and so on to be provided through the environmental technologies center, including pollution prevention, training, etc. to the environmental industry sector. That was in conjunction with what the City of San Diego's regional program had defined as an industrial cluster that should be targeted. They wanted to build on what that regional program had identified and go with them to the EDA and get additional money for that general industrial sector. What the report proposed in no way prohibited the City from pursuing their goals concurrently, i.e. to go afar specific funding for specific incentive programs using whatever criteria the Council wented to use. Chris Salomone, Director of Community Development, stat~xi the quality of the program that was attractive to the Federal and State government was a regional coalition. They saw that as where they wanted their funding to go, not to individual entities. The consultants were telling them that San Diego was a very important city. Ms. Dye stated when they approached the State Trade and Commerce Department they were specifically told that if the BECZ was to work with them it would have to be a regional program and align with the City of San Diego and what the State was doing. The City of San Diego was actively working with Chula Vista to get EDA funds for those programs. The Chamber and the City of San Diego was concerned with establishing hard and fast criteria as opposed to doing so as the individual incentive programs were developed. The intent had clearly been to pursue funding for a program that could provide financial incentives or training with that criteria. Councilmember Fox stated the criteria could be different depending upon the financial incentives. Ms. Dye stated that was the flexibility they were trying to work into the proposal. Councilmember Hotton questioned whether it would be better to wait until after the alliance was formed before coming up with the City's set criteria. Ms. Dye responded that strategically that could be advisable as the San Diego Chamber had stated they were prepared to take it to their board and endorse the alliance with that general outline. The City of San Diego staff had indicated they were prepared to take it to their council. The intent had always been that there would be specific incentives for targeted environmentally friendly businesses as individual incentive programs. Councilmember Horton stated she would vote against the motion as she felt they should wait until after the alliance was formed before coming up with a criteria. The City could always set their own program. She called for the question. Councilmember Rindone stated he objected. It was his interpretation that Ms. Dye was concurring with the comments by Councilmember Horton regarding the timing and sequencing. Ms. Dye felt it would be acceptable to indicate that there was an intention to develop a variety of incentive programs, among which would be an incentive program that could utilize eligibility criteria that had been defined. That was not excluding or saying the City could not develop a number of incentive programs and different criteria as they went along. As long as it was not indieal~l that it was criteria that would be applied across the board or that there would not be options to develop different criteria for different programs. Councilmember Moore stated Chula Vista had a more restrictive eligibility criteria than anyone else in the County. Without San Diego buying into the program he antieipate~t the primary funding as Sen Diego and Chula Vista would be more or less a satellite. He felt from the resource center in Chula Vista would come great things for the City. The staff proposal was something he could support. Once the alliance was in place Chula Vista could then tighten up the criteria. He had problems from the beginning with Criteria Level I. Staff had taken a good middle ground and he could not see Chula Vista going alone. VOTE ON MOTION: failed 2-3 with Horton, Moore, and Rindone opposed. Minute~ April 12, 1994 Page 15 Mayor Nader called a ten minute r~cess at 10:00 p.m. * * * Mayor Neder left the dins at 10:00 p.m. and returned at 10:07 p.m. * * * MSC (Rindone/Moore) to reconvene the meeting at 10:02 p.m. Approved 3-1-1 with Fox opposed and Nadee absent. Councilmember Fox felt Council needed to speak with one voice. He reg',ommended Attachment A, the Proposed Border Environmental Commerce Alliance (BECA) which was prepared by the City of San Diego without the eligibility criteria. It was really a new direction and everything else was background information. He felt Chula Vista should have a set of eligibility criteria with the understanding that everything was conceptual. Regardless of the action taken by the Council he would continue to move forth in promoting BECA, but with the charge that them would be eligibility criteria in place. Barbara Bamburger, Environmental Resources Manager, stated there was one issue, i.e. the Task Force had not looked at the information. She felt there would be concern from some of the Task Force members that if Council moved forward without their consent on taking out the eligibility criteria there could be quite a bit of support rescinded from the program. The Task Force may want to look at the information prior to Council making a decision. Councilmember Hotton stated she was at the last meel(mg and felt Council could go forward with it. MS (Horton/Moore) to approve Attachment A. Ms. Dye stated Council may want to endorse Attachment C in concept as well because it outlined the direction of the strategy. FRIENDLY AMENDMENT: (Horton/More) to conceptually endorse Attachment C. VOTE ON MOTION, AS AMENDED: approved 3-2 with Fox and Nader opposed. 20d. Discussion of possible action on County-wide Open Space District proposed by San Diego County. Councilmember Fox stated he had artended the meeting of the Open Space District as directed by Council. At that meeting he shared the City's concerns and asked them m get back in writing to show why the concerns were not concerns as stated in the meeting. The City had not received a response. His recommendation was that until they responded to the City's concerns a Council representative should not attend another meeting. Councilmember Moore requested that staff give someone a call regarding the response and contact the Parks & Recreation Chair to see if they were interested in attending the meetings. Sid Morris, Assistant City Manager, recommended sending Parks & Recreation staff to the meetings to keep the Council apprised. CLOSED SESSION Council met in closed session at 10:12 p.m. and reconvened at 10:54 p.m. with Mayor Nader absent. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 ® Christopher vs. the City of Chula Vista · City of Chula Vista vs. the County of San Diego (Surcharge) · John Hancock Mutual Life Insurance Company vs. the City of Chula Vista Minutes April 12, 1994 Page 16 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Chammas vs. the City of Chula Vista 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION City Attorney Boogaard informed the public that at the 4/5/94 meeting Council instructed him to retain counsel for the City and other defendants from the Christopher vs. Chammas case and return with an appropriation in the amount of $100,000. Staff was to assume a defensive posture in that case. No other final action was taken on which a report should be given. He requested that the Mayor read the admonition given on the agenda. Councilmember Rindone felt the admonition should be on the video tape for the viewers prior to adjournment into closed session. City Attorney Boogaard informed the public that no final actions were taken in closed session to report. ADJOURNMENT ADJOURNMENT AT 10:56 P.M. to the Regular City Council Meeting un Tuesday, April 19, 1994 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy ~_'~lerk