HomeMy WebLinkAboutcc min 1992/12/15 MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, December 15, 1992 Council Chambers
6:10 p.m. Public Services Building
CALL TO ORDER
1. ROlL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. pI.RDGE OF ~IJ.F. GIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OFMINUTES: October 12, 1992 (Joint Meeting of the Council/Planning
Commission) and November 24, 1992.
MSC (RindoneYHonon) to approve the minutes of October 12, 1992 and November :24, 1992 as presented.
Approved 3-0-0-2 with Fox and Nader abstaining on 10/12/92 and 4-0-0-1 with Fox abstaining on 12/24/92.
4. SPECIAL ORDERS OF THE DAY:
a. Selection of Mayor Pro Ten~
MSUC (Fox/Horton) to appoint Councilman Rindone as Mayor Pro Tern for the term of December 1992 to
December 19~3.
b. Presentation of the 21st Annual Humanitarian of the Year Award to Doris Cox, Patrick Howell,
Chairman of the Human Relations Commission, presented Mrs. Cox with a plaque of appreciation and roses.
c. Introduction of the new Downtown Business Associa~on's Town Manager. Don Swanson, President
of the Downtown Business Association, introduced Mary Coburn as the new Town Manager.
d. Resolution of the Sweetwater Authority commending Garry L. Butterfield upon his retirement from
Sweetwater Authority was presented by Mayor Pro Tern Rindone.
CONSENT CAI.RNDAR
(Items pulled: 5A, 8A, 10, 11, 12, and 14)
BALANCE OF THE CONSENT CALENDAR OI, I,I~IED BY MAYOR NADER, reading of the text was waived,
passed and approved unanimously with Item 8b being table&
Mayor Nader announced Council would hear the items with public participation first and then continue with
the remainder of the agenda.
5. WI~I'L'H~I COMMUNICATIONS:
a. Letter requesting consideration of jointly contracting through a joint powen agencywith other cities
in the Municipal Court Judicial Diswict to provide a jail facility - The Honorable Lawrence W. Stirling, The
Municipal Court, San Diego Judicial District, 1409 Fourth Avenue, San Diego, CA 92101-3105. It is
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December 15, 1992
Page 2
recommended that a letter transmitting the City's position be sent to Judge Stlrling. Pulled from the Consent
Mayor Nader stated he also supported the proposal that the State change its formula for allocating funds
collected on outstanding warrants with a percentage going to the originating agency as an incentive to get
the warrants executed and collected.
MSUC (Nader/Moore) to adopt and communicate to Judge Stifling the position ou~ined in the staff
recommendation and suppot/a proposal to provide a share to local government of the fees, fines, and
forfeitures collected as a result of executing warrants and that if such a provision passed the City would be
interested in narnln~ng the issue of potential funding mechanisms for additional facilities.
Councilman Moore felt the issue should be added to the legislative package.
b. Letter requesting a resolution asking the Board of Supervisors to place the question of incineration
on the June, 1994 ballot for voter consideration - Mayor Claude A. "Bud" Lewis, City of Cadsbad, 1200
Cadsbad Village Drive, Cadsbad, CA 92008-1989. It is recommended that the letter be referred to staff for
a report back within a timeframe to allow the County to take action requested ff Council so desired.
c. Letter of resignation from the Resource Conservation Commission - John C. Ray. It is recommended
that the resignation from the Commission be accepted with regret and the City Clerk be directed to post the
vacancy immediately in the Clerk's Office and the Public Library in accordance with the Maddy Act.
City Attorney Boogaard informed the Council the staff recommendation had changed to accept the
resignation and file the letter.
6. RESOLUTION 16914 AMENDINGll-IE1992LEGISLATIVEPROGRAMFOR1993ANDADOPTING
A LEGISLATIVE WORK PROGRAM FOR 1993 - The report proposes amendments to the Legislative Program
to reflect issues and address concerns raised during the second half of the 1991-92 legislative session. In
addition, a work program for 1993 has been formulated to guide staff and the City's legislative consultant
throughout the session. The list of projects was developed after a series of meetings with departments and
Councilmembers. Staff recommends approval of the resolution. (Administration) Continued from the
meeting of 12/8/92.
7. RESOLUTION 16929 APPROVING AN EXTENSION OF THE AGI1RRMENT WITH RRMY AND
THOMAS AND AUTHORIZING THE MAYOR TO EXECU'I~ SAID AGBRRMENT - The work being requested
of Remy & Thomas is to continue environmental legal review of the Otay Ranch Environmental Impact
Report (EIR) and supporting documents. Remy & Thomas has, since 11/19/91, provided legal assistance
to the City of Chula Vista and the County of San Diego in this area. The Agreement has been reviewed by
all parties and is acceptable to Remy & Thomas, the Baldwin Company, and the City. The County is
supportive of the scope of services to be undertaken. This is the second extension of the original contract.
Staff recommends approval of the resolution. (Deputy City Manager Krempl)
8.A. RESOLUTION 16930 APPROVING RENEWAL OF THE AGR RRMENT WITH L,~-i-HERI-MCINTYRE
AND ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOOATES FOR PROFESSIONAL
SERVIt~_¢ FOR OTAY RANCH, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGJ~REMENT - The
Agreement renewal for professional project management services with Lettieri-Mclntyre & Associates
(Anthony J. Letrieri) and Baldwin Vista Associates is for temporary professional management assistance. The
assistance will allow the City of Chula Vista and the County of San Diego to continue to process a General
Development Plan and related documents for the approximately 23,000-acre Otay Ranch Project. Staff
recommends approval of the resolution. (Deputy City Manager I~empl) Pulled from the Consent Calendar.
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December 15, 1992
Page 3
Councilman Rindone stated he was opposed to the consultant rate and felt his no vote would send a message
to staff that the issue of consultant salaries should be evaluated.
RESOLUTION 16930 OFFFA~w_.,D BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved 4-1 with Rindone opposed.
B. RESOLUTION 16931 APPROVING A MODIFICATION TO THE AGB RRMFANT WITH I-R-I-rlI~.RI-
MCINTYRE AND ASSOCIATES, AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVI(IS
TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGER, AND AUq'HORIZING THE MAYOR TO EXECUTE
SAID AGRRRMENT - The Agreement modification for project management and planning services with
Lettieri-Mclntyre & Associates and Baldwin Vista Associates is for continuation of temporary planning
assistance. The request is a continuation of the same contract previously approved by Counc~. The
assistance focuses on processing of the General Development Plan and related documents for the
approximately 23,000-acre Otay Ranch Project. The Agreement has the concurrence of both the City of
Chula Vista and County of San Diego staff, as well as the applicant. Staff recommends approval of the
resolution. (Deputy City Manager Krempl)
City Altorney Boogaard informed Council that staff requested Item 83 be tabled.
9. RESOLUTION 16932 ESTABLISHING THE LOCAL APPOINTMENTS LIST FOR 1993 AND
DESIGNATING THE CHULA VISTA PUBLIC LIBRARY AS A PLACE TO RECEIVE A COPY OF SAID LIST -
According to the Maddy Act (Government Code §54973) before December 31st of each year, a list of all
regular and ongoing Board and Commissioners appointed by Council whose terms of office will expire during
the next year must be prepared and made available to the public. In 1991, the Act was amended to name
the list as the "Local Appointments List" and to designate the public library with the largest service
population within the jurisdiction as the place to deposit the List. Staff recommends approval of the
resolution. (City Clerk)
10. RESOLUTION 16933 APpROVINGTHEBALANCEOFTHERENTALASSISTANCEPAYMENTAND
A PORTION OF THE LAST RESORT HOUSING PAYMENT FOR THE RELOCATION OF TENANTS FORMERLY
RESIDING ON CITY PROPERTY AT 365 ORANGE AVENUE AND APPROPRIATING FUNDS IN THE AMOUNT
OF $7,234 THEREFOR - The City's relocation consultant, Pacific Relocation Consultants (PRC), has reviewed
and recommended approving the remaining balance of the Rental Assistance payment of $3,750 plus a
portion of the Last Resort Housing payment to Jeff and Lisa Oien previously residing at 365 Orange Avenue.
The payments reflect the City's legal requirement to pay rental assistance payments when relocating
households of ]ow and moderate income. The relocation was necessary as part of the development of the
library project at the comer of Fourth and Orange. Staff recommends approval of the resolution. (Director
of Community Development) 4/Sth's vote required. Pulled from the Consent Calendar.
Councilman Rindone questioned whether the last resort housing payment would be adjusted if the disposable
income increased in the next two years.
Chris Salomone, Director of Community Development, responded that it was fixed. The consultant was
recommending that it be paid in three yearly installments because the low-income family had elected to use
their funding to relocate into rental housing which would secure their housing over three years.
Councilman Rindone stated he was opposed to the federal regulations and requested an update or staff
report regarding his concern.
RESOLDTION 16933 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and
approved unanimously.
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December 15, 1992
Page 4
11. RESOLUTION 16919 ~ING S(ltEDULE VIII, SECTION 10_52.400 OF THE MUNICIPAL CODE
TO ALLOW DIAGONAL PARKING ON THE 100 BLOCK OF QUINTARD STREET - Staff received a request
from Earl Wiens, Ptincipal of Castle Park Middle School, to provide diagonal parking stalls along the entire
frontage of the school. Staff recommends approval of the resolution. (Director of Public Works) Continued
from the meeting of 12/8/92. Pulled from the Consent Calendar.
* * * Council recessed at 7:43 p.m. and reconvened at 7:56 p.m~ * * *
Earl Wiens, 8801 Gowdy Avenue, San Diego, CA, Principal of Castle Park Middle School, stated they
requested that the diagonal parking be continued due to the response from the staff and community. He
stated the special education program loaded buses at 4:00 - 4:15 p.m. on Quintard end they would not have
a problem in making that a yellow zone.
Carolyn Butler, 97 Bishop Street, Chula Vista, CA, spoke in opposition to the staff recommendation. She
expressed her concern over the safety issue with the public buses in the area. She was in agreement with
the yellow curbing on Quintard.
MOT/ON: CNader) to approve the staff recommendation but el~rninate the eastern most parking space on
Quintard and replace it with red curbing to provide additional room for the buses. Motion died for lack of
second.
Mr. Wiens stated he had reviewed the parking during the week and did not see a problem. To relieve the
community's concern he did not have a problem in eliminating five spaces on each side. If three were taken
on each side he felt there would be more than enough room for the buses.
Mr. Lippitt stated that staff would have to review the area but he felt the elimination of three spaces on each
side would be adequate.
MS (Nader/Moore) to approve the staff recommendation and direct staff to reduce the number of parking
spaces, at staffs discretion, for transit and safety considerations.
CoUDe~men Rindone requested that staff consult with the site principal. Mayor Nader agreed to incorporate
it into the motion.
VOTE ON MOTION: approved unanimously.
12. RESOLUTION 16934 AMENDING COUNCIL POLICY NUMBER 585-1 BY EXPANDING THE USE
OF LrrlLITY FUNDS TO REIMBURSE ALL pROPERTIES FOR THE COST OF UNDERGROUNDING OF PRIVATE
SERVICE LATERALS - Council Policy Number 585-1 addresses the use of utility allocation funds for the
underground conversion of ptivate service laterals. The current Policy limits funding to single-famfiy
residential properties. In response to the complaints of condominium owners, Councfi directed staff to
amend the policy to examine the possibility of using utility funds to reimburse all properties for the
underground conversion of private service laterals. Staff recommends approval of the resolution. (Director
of Public Works) Pulled from the Consent Calendar.
Mayor Nader stated he and Councilman Rindone would abstain on the item due to a potential conflict of
interest due to property holdings in or near the affected area.
City Attorney Booguard stated the FPPC stated that if a matter affected one person of the Council in a
particularly greater proportion than it affected the community in general, that particular Councilperson
should abstain from participation.
Councilman Moore felt it had gone to far in saying a Councilmember should abstain on a City-wide policy.
Undergrounding was available City-wide.
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December 15, 1992
Page 5
Mayor Nader stated his property was specifically in a district that was being established now and because
the property was a condominium which was a specific class that was affected by the policy, he felt it was
better to be conservative and abstain from participation.
City Attorney Boogaard stated the Mayor's parcel and Councilman Rindone's parcel were within the 300 ft.
regulation the FPPC had recently imposed.
Mayor Nader and Councilman Rindone stepped down from the dias and Councilwoman Horton presided over
the meeting.
John Lippitt, Director of Public Works, reviewed the impact of the overall project. The City was allowing
$30 per foot up to a maximum of 100 feet. It would be up to the property owner to get a contractor. The
Building Department would do the inspections and normally they would try to get two or three contractors
to do the work so it could be done as a group with additional savings.
City Attorney Boogaard clarified that if the property was entitled to $3,000 because of 100 ft. distance and
if the contractor could do the work for less, they would be reimbursed for actual costs.
Mr. Lippitt stated that was incorrect. The way it was proposed was that the property owner would be paid
$30 ft. If it cost him more he would not get paid, ff it cost him less he would still receive the $30 ft.
Gerald Repholz, 328 Orange Avenue, Chula Vista, CA, spoke in opposition to the staff recommendation. He
expressed concern that the project would cost him more than he would be reimbursed.
City Attorney Boogaard stated an appeal right with special circumstances would allow the property owner
to petition for funding over and above the allotment in the policy.
RESOLUTION 16934 OFFP_.RED BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved 3-0-0-2 with Nader and Rindone abstaining.
MOTION: (Moore) direct staff to review the appeal process within six months in the case of cost overruns
or special ciro~m~l~nces. Motion died for lack of second.
13. REPORT ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR THE YEAP,
ENDED JUNE 30° 1992, AND AUDITOR'S OPINION - Each year the City's financial records are audited by
an independent audit firm. The audit for the year ended 6/30/92 was performed by Deloitte and Touche.
Staff recommends Council accept the report. (Director of Finance)
14. REPORT SANDAG DRAFT REGIONAL PUBLIC FACILITIES FINANCING PLAN -The
San Diego Association of Governments (SANDAG) has released a draft Regional Public Facilities Financing
Plan for review and comment. The plan, when completed, is intended to be the public facilities financing
element of the Regional Growth Management Strategy. Staff recommends Council accept the report.
(Director of Planning) Pulled from the Consent Calendar.
Mayor Nader stated his concern was that new growth should pay its own way in terms of facilities needed.
Council needed to recognize the reality that taxpayers had been paying all along for existing facilities. New
development or residents were not expected to go back and pay their share of the old facilities they would
utilize to alleviate the burden on existing taxpayers. He was concerned the draft report did not take the
approach of requiting new development to pay its own way, specifically residential development. He felt
a comment should be added "the strategy should be based on the concept that new development (residential)
should pay its own way in terms of new facilities it generates a need for".
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December 15, 1992
Page 6
)
Councilman Moore stated that before there was another fee everyone should be on the same base. The
County should do what Chula Vista had done and when that was in effect then the cities should consider
increasing that base with a regional development impact fee. The fee should not be utilized for O & M or
salaries, it should be for specific regional facilities.
Councilman Rindone felt Councilman Moore's comments were appropriate. He referred to page 14-:1
regarding regional transportation facilities and felt there should be another effort regarding the rail bonds.
SANDAG could be proactive in gaining support for reconsideration of the rail bonds.
Councilman Fox stated he also supported Councilman Moore and also felt the fees should be phased in over
time. He hoped the emphasis on the City's region would be transportation.
MOTION: (Nader) forward to SANDAG the comments presented by staff with the following addition: 1) the
basis of regional growth management should be the principal that new residential development should pay
iEs own way;, 2) go over what Chula XrLsta is already doing regarding development finpact fees and suggest
that prior to coming through with a regional fee that county and cities should adopt similar development
finpact fees so everyone would be on the same base; 3) fac~ity improvements for which a fee was collected
would have specific guiddines to avoid 'gold plating*; and, 4) any fees that would be used for operation and
maintenance would be subject to oversight with direct representation by these upon whom the fees would
be levied,
City Manager Goss recommended the addition of 'or whatever formula SANDAG and the cities may develop
to establish a level playing ~dd'.
Mayor Nader stated that was acceptable as long as it was understood that the level playing field covered
what the City of Chula Vista already covered.
MOTION SECONDED BY COUNCIIA4AN FOX.
AMEND1VIENT TO MOTION: (Nader/Fox) a comment that SANDAG should not become a ta~ng agency and
that taxes and fees collected in accordance with the regional growth management strategy should be
collected and spent by the land use jurisdiction in a manner consistent with regional growth guiddines
rather than by SANDAG or any other entity. Appraved unanimously.
* * * Council recessed at 10:48 p.m. and reconvaned at 10:58 p.m. ***
MSUC (Nader/IMoore) to hear the balance the City Council Agenda.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANt~_~:
15. PUBLIC ~NG ADOPTION OF AB939 SOURCE REDUCTION AND RECYCLING
(SRRE) AND HOUSEHOLD HAZARDOUS WAb~rE RI~-MENT (HI-lINE) - The California Integrated Waste
Management Act of 1989 (AB939) required that all cities and counties prepare formal plans aftned at
wastestream diversion goals of 25% by 1995 and 50% by the year 2000. The law requires that two public
hearings be held prior to adoption of documents or plans which address source reduction, recycling and
cornposting programs (SRRE), and the elimination of filegal disposal of household toxins CI-IHWG). The first
public hearing requirement was met when the preliminary documents were accepted at the Council's regular
meetings of 11/19/91 (SRRE) and 12/17/91 (HHWE). This public hearing completes the second
requirement and allows Council to consider adoption of the plans to be forwarded to the County for
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December 15, 1992
Page 7
inclusion along with 18 other jurisdictions in the Countywide plan. Staff recommends approval of the
resolution subject to changes required by subsequent legislation and updated information. (Adminis~ation)
Councilman Fox questioned whether approval could be delayed until the Resource Conservation Commission
input had been received.
Stephanie Snyder, Principal Management Assistant, responded that the item was not time sensitive and there
would not be a penalty.
Mayor Nader stated he was unsure as to why the RCC had not met, but all members had been notified and
made aware of the item. He felt the RCC had the oppommity to see the item and to give input.
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
RESOLUTION 16935 OP'FPAED BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved unanimously.
RESOLUTION 1693S APPROVING THE SRRE AND HHWE AND AUTHORIZING THAT BOTH
DOCUMENTS {AS AMENDED) BE FORWARDED TO THE COUNTY OF SAN DIEGO FOR IN(~USION IN THE
COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN
16. PUBLIC HEARING CONSIDERING ABAT[NG THE SCHEDllII~.I~ CAI~NDAR YEAR 1993
BUSINESS LICENSE TAX INCREASE TO RETAIN TAXES AT THE CURRENT CAIS. NDAR YEAR 1991 LEVEL -
This public hearing is to consider the advisability of abating the Business License Tax Increase scheduled
to be effective on 1/1/93. Ordinance 2408 specifies the business license tax level for each calendar year and
provides Council with the option of abating the scheduled increase for a one-year period. If the scheduled
tax increase is not abated, the business license taxes for most businesses will double. Staff recommends that
after the public hearing is conducted, Council approve the resolution which abates the scheduled 1993 tax
increase, retaining business license taxes at their current (Calendar Year 1991) level. (Director of Finance)
Continued from the meeting of 12/8/92.
Councilwoman Horton questioned what was being done to ensure that all new businesses were licensed.
Cheryl Fruchter, Revenue Manager, responded that source documents were reviewed, i.e. resale sales
numbers were utilized, yellow pages, newspaper advertisements, fictitious name applications, etc.
This being the time and place as advertised, the public hearing was declared open.
Don Swanson, President, Chula Vista Downtown Business Association, supported the staff recommendation.
He felt the $25 license fee for new businesses was a good program and supported the enforcement against
unlicensed businesses.
Mike Green, President, Chula Vista Chamber of Commerce, spoke in support of the staff recommendation
and the abatement of the tax.
Carolyn Butler, 97 Bishop Street, Chula Vista, CA, representing Butler Companion Agency, felt there should
be a distinction between small business (one or two employees) and larger businesses. She was against any
increases in the business licenses.
There being no further public testimony, the public hearing was declared closed.
Minutes
December 15, 1992
Page 8
Councilman Rindone questioned whether there was a penalty clause for businesses operating without a
license.
Ms. Fruchter responded there were two ways of penalizing a business without a license: 1) it would be a
code violation, and 2) ff a business did not pay their taxes, they could be charged from 10% to 60% per
month up to three years.
City Attorney Boogaard stated it was generally filed as an infraction with a fine not to exceed $1,000 set by
the judge.
RESOLUTION 16921 OFI~F. RF.D BY COUNCILMAN RINDONE, reading of the text was waived, passed and
appmved unanimously.
MOTION: (Rindone) refer to staff to go back and look at the proposed rates for 1993 and come back with
2, 3, and 4 year amortintion schedule of rates.
MS (Rindone/Fox) Councfi is to receive an immediate report on options they would review one year from
now so the potential impact, ff any, would be understood.
City Manager Goss recommended that it be reviewed with the overall budget.
Councilman Rindone agreed to incorporate the City Managers recommendation into the motion.
VOTE ON MOTION: appruved unanimously.
ORDINANCE 2537 PLA(~_.D ON FIRST READING AND RESOLUTION 16922 OFFERED BY COUNCILWOMAN
HORTON, reading of the text was waived, passed and approved unanjmonsly.
RESOLUTION 16921 ABATING THE SCHEDtlLED CALENDAR YEAR 1993 BUSINESS LICENSE
TAX INCP, FASE FOR ONE YEAR AND RETAINING BUSINESS LICENSE TAXES IN CALRNDAR YEAR 1993
AT THE 1991 LEVEI~ AS PROVIDED FOR IN ORDINANCE 2408, WITH THE EXCEPTION OF TAXES ON
SPECIFIC BUSINESSES WHICH WERE ADOPTED BY COUNCIL ORDINANCE AirrEJl JANUARY 1, 1991
Related Items. but not part of the public hearin~
A. ORDINANCE 2.537 AMENDING lrrhlE 5 AND CHAPTER 9.13 OF THE MUNICIPAL CODE
RELATED TO BUSINESS LIff2~ISE TAXES AND REGULATIONS - This taxation ordinance is primarily
administrative in nature and will not increase taxes on any business currently licensed in Chula Vista.
Passage of this ordinance will enable the City to collect business license taxes from unlicensed businesses.
Passage ofthis ordinance will also make the Code consistent with recently-passed State laws. The ordinance
also includes some adjustments to taxes for specific business classifications to address equity and legal issues.
Ordinances related to taxes take effect immediately. Staff recommends adoption of the ordinance.
B. RESOLUTION 16922 AMENDING THE MASTER FEE SCHF..DULE TO INCLUDE LNVESTIGATION
FEES FOR LIVE ENTERTAINMENT LICENSES AT THEIR CURRENT LEVEL AS SPECIFIED IN SECTION
9.13.050 OF THE MUNICIPAL CODE - This resolution is administrative in nature and basically inserts the
current fees for Live Entertainment License investigations into the Master Fee Schedule since the specific
fees will be deleted from the Code in Ordinance 2537. Staff recommends approval of the resolution.
17. PUBLIC HEARING CONCERNING THE COMPREHENSIVE HOUSING AFFORDABILITY
STRATEGY ((3HAS) ANNUAL PLAN FOR FISCAL YEAR 1993 - The National Affordable Housing Act of 1990
requires all jurisdictions applying for funding from the Deparnuenr of Housing and Urban Development to
submit a CHAS. The CHAS is a planning document which identifies the City's housing needs and outlines
Minutes
December 15, 1992
Page 9
a strategy to meet these needs and must be updated annually. Staff recommends approval of the resolution
and acceptance of the report. (Director of Community Development)
Chris Salomone, Director of Community Development, gave a brief review of the plan.
Mayor Nader felt that as the RDA negotiated for the units they may want Council participation and he fdt
Councilwoman Hotton would be a good addition to the negotiating team.
This being the time and place as advertised, the public hearing was declared open.
Mayor Nader stated he had received a letter from Dan Marcus, Southbay Community Services endorsing
CHAS.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 16936 OI, t,ERED BY COUNCILMAN MOORE, reading of ti~e text was waived, passed and
approved unanimously.
A. REPORT D~ING THE COMPREI-~qSIVE HOUSING AFFORDABII/I'Y STRATEGY
ANNUAL PLAN FOR FISCAL YEAR 1993
B. RESOLUTION 16936 AUTHORIZING SUBMHTAL OF THE COMPRF. HENSIVE HOUSING
AFFORDABILITY' SlRATEGY ANNUAL PLAN FOR FISCAL YEAR 1993 TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
18. pUBUC HEARING GPA-92-01 AND PCZ-92-B; PROPOSAL TO AMEND ~ MONTGOMERY
SPECIFIC PLAN/(24ULA VISTA GENERAL PLAN AND REZONE APPROXIMATELY 1/3 ACRE LOCATED IN
SO~-rERLY QUADRANT OF WEST MAIN STREET AND DEL MONTE AVENUE, FROM *lOW/MEDIUM
DENSITY RESIDEN/IAL * AND R- 1-6-P TO 'RESEARCH AND LIMITff, D INDU~-I RIAL* AND I-L-P - MARGARITA
ROMERO, APPLICANT - The item involves consideration of a proposal to amend the Montgomery Specific
Plan/Chula Vista General Plan by the redesignation of a certain 1/3 acre parcel of land, located in the
southwesterly quadrant of West Main Street and Del Monte Avenue, from "Low/Medium Density Residential'
and 'R-1-6-P' to 'Research and Limited Industrial" and 'I-L-P" (Margarita Romero - applicant). Staff
recommends Council place the ordinance on/fist reading and approve the resolution. (Director of Plarming)
This being the time and place as advertised, the public hearing was declared open.
Margarita A. Romero, 144 Teena Drive, Chula Vista, CA, spoke in support of the staff recommendation.
Councilman Moore stated it was one of the few residential communities south of Main Street and was
concerned that the area would be all commercial across ~rom residential.
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2538 pLAc~.n ON FIRST READING AND RESOLUTION 16937 OP-~,P, RF, D BY COUNCILMAN
RINDONE, reading of the text was waived, passed and approved unanimously.
A. ORDINANCE 2538 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE MUNICIPAL CODE REZONING 0.3 ACRES LOCATED ON THE WEST SIDE OF DEL
MONTE AVENUE, SOUTH OF MAIN STREET, FROM R-1-6-P TO 1-L-P (first reading)
B. RESOLUTION 16937 APPROVAL OF MONTGOMERY SPECIFIC PLAN/O-IULA VISTA GENERAL
PLAN AMENDMENT GPA-92-01
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December 15, 1992
Page 10
19. PUBLIC HEARING GPA-93-03 AND PCZ-g3-C; PROPOSAL TO AMEND THE CHULA VISTA
GENF. aAL PLAN/MONTGOMERY SPECIFIC PLAN AND lIEZONE APPROXIMATELY 13.48 ACRES LOCATED
ON THE EA~'i-I&qN PORTION OF BROADWAY, BETWEEN MAIN STREET ON THE SOUTH AND ANITA
STREET ON THE NORTH; SUBAREAS l AND 2 FROM "RESEARCH AND LIMITED INDUb-fRIAL* AND q-L-P*
TO 'RETAIL COMMERCIAL'/"MER~LE AND OFFICE COMMERCIAL' AND "C-C-P'; SUBAREA 3 FROM
"RESEARCH AND LIMITED INDUSTRIAL" AND 'I-L-P" TO 'MEDIUM DENSITY RESIDENTIAL' AND 'R-2-P" -
The request is an application for the redesignation and rezoning of 13.48 acres, amending the Chula Vista
General Plan/Montgomery Specific Plan. The three areas in question are: a) Adobe Plaza (Sepehri property
privately initiated) 4.56 acre area located on the northeasterly quadrant of West Main and Broadway
(Subarea 1); b) East Sommerset (City initiated) 4.00 acre area located on the southeasterly quadrant of West
Anita and Broadway (Subarea 2); and c) Property south of Anita Street with 4.92 acre area, located at the
northeast boundary and adjacent to the southeasterly quadrant of West Anita Street and Broadway (Subarea
3). Staff recommends Council place the ordinance on first reading and approve the resolution. (Director
of Planning)
Gordon Howard, Principal Planner, reviewed the project,
Councilman Fox stated he had voted for the recommendation that the owner would be responsible for phase
I of the hazardous waste assessment prior to granting the general plan amendment. In reviewing the
materials that he currently had now, and did not have then, he believed it was a requirement prior to
issuing a permit.
Mr. Howard stated it was a mitigation measure of the declaration for the project.
Mayor Nader stated he had been made aware of the lack of affordable industrial land and the tendency to
promote residential and commercial as opposed to industrial and manufacturing. He questioned whether
staff had addressed that issue.
Mr. Leirer responded staff had worked with the Community Development staff and the Economic
Development staff to look at the viability of the parcels for industrial. It was their feeling that because of
the configuration of the sites and the location, they were not sites that would be easy to market for
industrial use. They felt the proposed use was a reasonable alternative from an economic development
standpoint.
This being the time and place as advertised, the public hearing was declared open.
Robert Scott Scott, 625 Third Avenue, Chula Vista, CA representing Sam Sepehri, stated they were available
to answer questions and supported the staff recommendation.
Steven Luecht, 523 Anita Street, Chula Vista, CA property owner of Subarea 3A, spoke in opposition to the
staff recommendation. He requested the property be left with the current zoning or rezone to commercial.
There being no further public testimony, the public hearing was closed,
Councilman Moore questioned whether a P modifier could be placed on commercial zoning which would
restrict noise producing business and would allow a transition from the commercial area to the residential
area.
Mr. Howard stated if Council wished to consider commercial for Subarea 3A, staff would have to go back
and amend the negative declaration and return to Council with a subsequent hearing.
City Attorney Boogaard stated the negative declaration would have to be reviewed for possible impacts on
Subarea 3B if changing it from residential as proposed to commercial. The change could be made with
interl/neation of Subareas 1 and 2 now.
Minutes
December 15, 1992
Page 11
Mayor Nader felt staff should review the CN or commercial with P modifier. He questioned the reference
to the traffic in the negative declaration.
Mr. Howard stated there was a focus traffic study done for the site and found that with a contribution for
an improved signal at Broadway and Main and dedications of additional right-of-way for turn movements
on Broadway and Main, the project would still meet the threshold of Level Service C for the intersection and
would not deteriorate the level of service.
Councilman Moore stated he did not want to put the property owner in jeopardy and requested that Mr.
Luecht state whether he would agree to a P modifier.
Mr. Luecht stated he would not object to not having the next neighbor go through the same thing he had
been going through regarding the noise.
Mayor Nader stated he did not like the idea of rezoning industrial land but could see how that piece could
be hard to market for that use. His other concern was the traffic and was inclined to vote in favor of the
recommendation, excluding Subarea 3A, with the caveat that because the project would still be within the
traffic threshold, did not mean that there would be no environmental impact on the project. It meant that
it was within the thresholds and was, therefore, acceptable under the growth management standards. Staff
still needed to look at traffic impact and air quality under CEQA. A project could have significant
environmental impact and still be within the thresholds.
Councilman Rindone questioned whether the owners of Subarea 3B had been given the option of residential
versus commercial zoning. He wanted to be sure that something wasn't being rushed through because the
situation would be changed with a different zoning in Subarea 3A.
Mr. Howard stated the four owners were contacted and they all agreed to the change from industrial to
residential but the option of commercial use was not presented to them.
City Attorney Boogaard stated that Ordinance 2539, page 19A-2, Section 2, Findings, paragraph B, third line,
should now read 'Subarea 3B'. On page 19A-3, Section 3, Rezoning, paragraph 3, should be 'Subarea 3B'.
Resolution 16938, page 19B-2, last line in the last paragraph, should read 'Subareas 1, 2 to retail
commercial and Subarea 3B to medium density residential'. Subarea 3B would be left untouched by
Council's action. Page 19B-2 should reduce the acreage by the mount of acres included in Subarea 3A.
MS 0Vloore/Nader) to approve the amendments to Ordinance 2539 and Resolution 16938 as presented by
the City Attorney.
SUBSTI'IlrFE MOTION: (Nader/Fox) to treat Subarea 3B in the same manner of Subarea 3B. Passed and
approved unanimously.
ORDINANCE 2539, AS AMENDED, pLAt~-n ON FIRST READING AND RESOLUTION 16938, AS AMENDED,
OFFERE9 BY COUNCILMAN RINDONE, reading of the text was waived. Approved unanimously.
MSUC CNader/Moore) to bring Subareas 3A and 3B back with appropriate commercial zoning.
k ORDINANCE 2539 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE MUNICIPAL CODE REZONING 13.48 ACRES LOCATED ON THE WEST SIDE OF DEL
MONTE AVENUE, SOUTH OF MAIN STRF~T, FROM 1-L-P TO C-C-P AND R-2-P AND ADOPTING P DI:flI~ICT
REGULATIONS (first teadinE)
B. RESOLUTION 16938 APPROVAL OF THE CHULA VISTA GENERAL pLAN/MONTGOMERY
SPECIFIC PLAN AMENDMENT GPA-93-03
Minutes
December 15, 1992
Page 12
20. PUBLIC ~NG CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT
NUMBER 125 ALONG ORANGE AVF2qUE FROM FOURTH AVENUE TO THIRD AVENUE -On 11/3/92,
Council ordered a public hearing to be held on 12/15/92 to determine whether the public health, safety or
general welfare requires the formation of an underground utility district along Orange Avenue from Fourth
Avenue to Third Avenue. Staff recommends approval of the resolution. (Director of Public Works)
Mayor Nader questioned whether he and Councilman Rindone would have a conflict of interest due to the
location of their property.
City Attorney Boogaard advised them that they did not have a conflict and could participate.
Council Rindone questioned whether the increase for reimbursement for commercial and industrial owners
restricted the availability to fund other undergrounding projects in the future.
John Lippitt, Director of Public Works, stated it was their estimate that the cost of the program would be
insignificant over time. The formula was complicated and based on the percentage of overhead cormections
in a city to the total within their region.
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
RESOLUTION 16939 OFIqfl~ED BY COUNCILMAN RINDONE, reading of the text was waived, passed and
approved unanimously.
lIESOLUTION 16939 ESTABLISHINGUNDERGROUNDUTIUTY'DISTRICTNUMBER125ALONG
ORANGE AVENUE FROM FOURTH AVENUE TO THIRD AVENUE AND ALrfHORIZING THE F_,XPF, NDITURE
OF LhlI,[TY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSIONS
ORAL COMMUNICATIONS
None
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
21.A. RESOLUTION 16940 APPROVING AND AUTHORIZING EXECUTION OF AN I~LF~G
AGREF, MENT WITH MAJOR RET,alI.RR A (HOME DEPOT), RANCHO DEL REY COMMERCIAL CENTER, AND
RELATED CEQA FINDINGS - The Development Agreements cover the parcels to be purchased by Home
Depot, Krnart and The Price Company and requires Implementing Agreements be entered into prior to the
issuance of building permits. Staff recommends approval of the resolutions. (Director of Community
Development)
Mayor Nader stated Council had been given a 50 page revised draft for the Price Club. He suggested that
because no one could have read the document that Council proceed with Items A and B and continue Item
C to the next regularly scheduled meeting.
Minutes
December 15, 1992
Page 13
Marcia Scully, Sheppard, Mullin, Richter & Hampton, special counsel, stated the majority of changes to the
Price Club agreement were not substantive in nature, but rearrangemerit and structuring of the agreement.
There were three or four changes that staff was prepared to review.
Craig Fukiarna, 2727 Hoover Avenue, National City, CA, representing McMillin Company, stated
representatives from the retailers were not available to attend the meeting. He was not prepared to
comment on their behalf and a continuance would not affect them from a timing standpoint and would be
acceptable.
Mayor Nader referred to page 6 of the revised document and noted it left out the provision Council had been
promised, i.e. that Price Club would covenant to continue operating their existing fac~ity.
Ms. Scully stated the agreement had been modified both in terms of the consu'uction of the new store and
the operation of the new store. A statement of intent rather than a covenant was included. The economic
provisions which would result from either the failure to build the store or the closure of the store remained
the same. At the last meeting the issue of enforcement of operating covenants was discussed and at that
time she had indicated there were only economic sanctions. The last three drafts of the contract had limited
the economic sanctions to forgiveness of the loan.
Councilman Moore stated he had a problem with the points of negotiations being reviewed during the
meeting. He would appreciate a chart outlining a side by side comparison of the points of negotiations.
Ms. Scully stated staff was not tr3~ng to mislead Council when she responded to the question. She had
responded to the difference between the agreement that was transmitted in the Council packet and the
agreement handed out at the meeting. With regards to those two documents, the economic remedies to the
City were the same. She agreed there had been a more substantive change between the oral presentation
made at the time the Development Agreement was approved and she was not addressing that when
answering the question.
Mayor Nader felt it was clear that the majority of the Council had voted under the impression that the City
would continue to receive the revenues from the existing Price Club store for a certain period of time.
Councilman Fox requested that when the item returned staff address: 1) what obligation the City would have
for the loan if neither store opened; and, 2) the fiscal impact under the new agreement.
MS (Nader/Fox) to continue the item to the 1/15/93 meeting and direct sniff to prepare a presentation
outlining the differences between the agreements that were put before Council and the terms that were
discussed at earlier meetings considering the project.
Ms. Scully reviewed the three changes to the agreement for Price Club.
VOTE ON MOTION: approved unanimously.
City Manager Goss stated that under Item A - Home Depot - an issue had arisen that needed Council
direction. It was his understanding the basic terms of that agreement were unchanged except for one item.
The position of staff had been that the agreement would give the City the right-of-approval of the
replacement tenant for Home Depot at Tierra Nova Plaza. The current language did not include that and
proposed that the "developer would use their best efforts to minimize the time the existing facility would
be vacant and ensure that the replacement retailer was a prominent leading business in its retail field'. In
addition, there were some controls over tenants going into the shopping center that the City had. In staffs
perspective it was a major difference and the Home Depot representatives had been adamant that they did
not want to have a City right-of-approval for a replacement tenant or even a minimum size for a tenant.
He needed to know if the language proposed by Home Depot was satisfactory to Council.
Minutes
December 15, 1992
Page 14
Mayor Nader stated the majority of the Council had voted on certain deal points that had been presented.
Among those, the right of City approval of replacement tenants for Home Depot. He was a dissenting vote
but had concurred with that stipulation due to a net increase to the City's revenues. If Home Depot was
concerned that they did not want the City to have any say over the quality and revenue generation of a
replacement tenant, that would be an unacceptable deviation. If the concern had to do with something else
he would like advice from the City Attorney. He questioned whether the issue could be discussed in Closed
Session.
City Attorney Boogaard stated there was a purchase of property in the agreements and Council could address
the issue under Instruction to Negotiators regarding sale of real property.
MOTION: (Nader) to find Council became aware of a need for Closed Session tonight and therefore there
was an urgency to meet regarding inslxuctions to negotiators regarding sale of real prepen'y. No action
City Attorney Boogaard stated if the item was on the Agenda Council could move into Closed Session if there
was a valid reason for doing so.
Mayor Nader stated the item would be tra~ed to Closed Session and then continued to the 1/19/93 meeting.
City Attorney Boogaard stated that after review of the Home Depot deal, it did not include the Price Club
purchase of property and did not have a transfer of property interest in it.
Ms. Scully responded that the City Attorney was correct.
Mayor Nader suggested that the three agreements, as presented to Council by staff, clearly were part of a
single integral project in the view of some of the participants.
Councilman Moore stated the City had facilitated the loan for the original building.
City Attorney Boogaard stated he would like the opportunity to solicit input at the next Council meeting as
he needed to do further research.
Mayor Nader stated staff was requesting direction from Council on their negotiating position.
City Attorney Boogaard stated the Brown Act was specific that it had to be an instruction to negotiators
regarding the sale of property. The Home Depot agreement had no property transaction in it and
recommended that Council communicate their concerns at the meeting and staff would have to evaluate it
and respond appropriately.
Mayor Nader stated the terms as originally presented was an integral part of assuring Council and the public
that there would be the promised revenue gained from the project.
Councilman Moore stated Home Depot had never agreed to that term from the beginning.
Councilman Rindone stated the current interpretation by staff had never been agreed upon. Staff had
indicated they were pursuing that but at no rime had it ever been represented to Council that it had been
consummated.
Mayor Nader stated he had not meant to imply that staff had made a misrepresentation on that point. His
interpretation was that there had been hardening of positions by the parties and that was why staff was
returning for Council direction.
Minutes
December 15, 1992
Page 15
Councilman Fox felt staff should continue with the negotiating posture until the next meeting and until
there was a determination as to whether they could meet in closed session.
City Manager Goss felt Councfl's position was clear.
B. RESOLUTION 16941 APPROVING AND AUTHORIZING EXECUTION OF AN IMPLEMENTING
AGR~RMENT WITH MAJOR RETAILER B (KMART3, RANClIO DEL REY COMMERCIAL CEN'IIR, AND
RELATED CEQA FINDINGS
C. RESOLUTION 16942 APPROVING AND AUTHORIZING F..X~CUTION OF A PUBLIC FACILI'IIS
FINANCING AND IMPItMF2qllNG AGREF. MF. NT WITH MAJOR RETAnS. R C ~ pluc~ COMPANY),
RANClIO DEL REY COMMERCIAL CENTER, AND RELATED CEQA FINDINGS
ITEMS Pl. nJ.~.n FROM THE CONSENT CALENDAR
Items pulled: 5A, 8A, 10, 11, 12, & 14. The minutes will reflect the published agenda order.
OTHER BUSINESS
22. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. City Manager Goss stated there would be a joint meeting with the County
Board of Supervisors on Tuesday, 12/17/92 at 4:00 p.m. in the Council Chambers.
Mayor Nader stated he would like to consolidate the third Thursday RDA meeting with the third Tuesday
following the Council meeting. If special circumstances existed a special meeting could be called but it
would be the exception, not the rule.
MSUC (Nader/Rindone) to direct staff to come back with an amendment to the Redevdopment Agency By-
laws which would set the regular meetings on the tiPst Tuesday and third Tuesday of the month following
the City Counc~ meetings.
b. City Manager Goss distributed a press release by the San Diego Sports Training Foundation.
Mayor Nader requested that direction be given to the Management Services Department that when an item
quoted a Councilmember it should be clipped and distributed to Council
c. City Manager Goss announced the retirement of the Library Director, Rosemary Lane, in May 1993.
d. Report on Human Services Coordinator position.
Mayor Nader questioned whether the City was going to recruit additional applicants. If the reason for the
additional delay was to increase the hiring option, he would then support the delay, but if not, he wanted
to know why it would take so long.
Jess Valenzuela, Director of Parks and Recreation, stated they were down to the fmalists and it was now a
matter of assembling an interview penel, selecting the finalist and recommending the applicant to the City
Manager for approval. Due to the holidays, they planned on doing it the first weeks in January.
Councilman Fox felt staffs intentions were good in trying to obtain a volunteer but it was a change in
Council direction and should have come back to Council for direction. He was concerned the Commission
had been told it was at the budget committee and hoped that was only a misunderstanding.
Minutes
December 15, 1992
Page 16
City Manager Goss stated he was unaware until last week there was a concern by a member of the Parks
and Recreation Commission, that was also the first time he had heard about a budget committee. The
evaluation of requests was an ongoing process of management to use prudent steps to see if there were
alrematives that would save money or if there was an issue that the position could be in jeopardy in the
future. If staff wanted to make those recommendations, they would come back to Council at that time.
MS (Moore/Horton) to approve the staff recommendatiolL
Margaret Helton, 162 Mankato Street, Chula Vista, CA, representing the Parks and Recreation Commission,
felt the Human Services Commission was low on the totem pole with administration. For the first time she
felt very disappointed.
Kay Dennison, 659 Jefferson Avenue, Chula Vista, CA, stated the potential of the Norman Park Center was
not being fulfilled without the addition of a Human Resources Coordinator.
City Manager Goss stated he wanted to dispel the statement that administration had placed human services
low on the wtem pole. The position was one of many that was looked at and not singled out. Human
services and senior services had always been a top priority of his and a personal commitment. Prudently
staff had to look at the operation, not only at budget time, but on an on-going basis.
VOTE ON MOTION: approved un3nknously.
23. MAYORS REPORT(S)
a. Acceptance of verbal resignation of Child Care Commissioner ToneKe Joynes. Mayor Nader stated
he would continue the item indefinitely.
b. Designation of the Councilmember representatives on the PAC/MPC reviewing group per Councfi
motion 10/6/92.
Mayor Nader stated Councfi's intent was to have Councilman Moore and the Mayor on both committees and
to specify that on the committee reviewing the functions of the PAC there would be additional representation
by members of the PAC. The actual motions made did not specify which Councilmembers would serve on
the PAC related committee.
MS (Nader/Fox) Coundlman Moore and Mayor Nader would be the representatives on the PAC
Subcommltree.
Councilman Moore stated he had the understanding that he would be on the subcommittee and had met
with representatives of the three PAC's and Montgomery PAC. He also attended the project area committees
(Otay and Town Center) and they had conceptually accepted what he had proposed as their role and
function. The Southwest PAC also accepted the role and function in concept. They also stated they had no
objections to a merger of the three remaining members of the Montgomery PAC into the Southwest PAC but
were coneerned on who would represent the other 65% of Montgomery that was outside the project area
committee. They then accepted his alternative which was to add a fourth or fifth member from within
Southwest and they would wear two hats - Southwest PAC/Montgomery PAC. It was his intent to submit
a report to staff for review, resubmit to the four PAC's, and then submit to Council for review.
VOTE ON MOTION: approved 4-1 with Rindone opposed.
c. Hiring of secretarial position in Mayor/Council office.
Minutes
December 15, 1992
Page 17
Mayor Nader stated one of the secretarial positions had been unTilled. The position was classified, appointed
by the City Manager through the Citys civil senrice process. He felt the process was unsatisfactory and that
those working for the Mayor/Council should be directly accountable to the Mayor/Council. All staff assigned
to the Mayor/Council office, as per Charter, reported to the Mayor so that would not be a change. The
change would be that the Mayor would make the selection with approval of the Council and it would be an
unclassified position rather than a civil sentlee position.
MS (Nader/Fox) change the second secretarial position (curranIty being filled by a temporary) to an
undassified position with appointment by the Mayor, with approval by Council. with the salan] and benefii~
to be left as they curren~y were.
Councilman Moore stated he did not feel the position required exceptional skills because most of the duties
involved the telephone, mailings, etc. He did not see the gain in removing the position from civil senrice.
Councilman Rindone stated the schools had prohibitions on replacing employees, taking them out of union
membership or their collective bargaining units. He questioned whether the Mayor~s recommendation was
legal.
AlvIEhlDMFa~IT TO MOTION: Chlader/~ox) the redesignation of the position would be subject to the approval
of the bar~inlng unit,
Mayor Nader stated he would not have a problem with the bargaining unit signing off on the change in the
hiring process without actually moving the position from the bargaining unit.
Mayor hlader restated the motion: Any action on changing the classification or filling the position would
come following meet and confer and agreement with the relevant bargaining group. If the meet and confer
did not result in agreement, the issue would come back to Council before further action was lakes.
SLIBSTITIJTE MOTION: (Moore/Fox) refer the concern of the l~layor/Council office to the City l~'~nager
regarding the civil service position (currently being filled by a temporary person) to become a full-~n~
employee as an undassified position and ask for approval of the appropriate bargaining unit with a report
back no later than 1/5/93.
City Attorney Boogaard questioned whether there would be a shift in the appointive power of the position
from the City Manager. He requested the issue be referred to the City Attorney's office for analysis under
the Charter.
AMEhlD~ TO MOTION: to refer to the City Attorney for analysis under the Charter.
VOTE ON S~TtJI~ MOTIOhl AS ~ED: approved unanimously.
24. COUNCIL COMMENTS
Councilman Fox
a. Strategies for attracting environmentally sound businesses to Chula Vista.
Councilman Fox proposed that Council authorize the creation of an environmental enterprise task force
whose function would be more specialized than the enterprize zone task force. Specific duties would be to
set up criteria for attracting businesses that were environmentally sound and would also search into funding
sources and provide incentives for businesses. Chula Vista could blaze a trail ff action could be taken and
forward a program to the legislature by 1/29/93. The task force would not duplicate efforts but specialize
in particular areas by attracting environmentally sound businesses with incentives.
Minutes
December 15, 1992
Page 18
MS (Fox/Nader} the Mayor is to appoint an Environmental Enterprise Task Force in a timely manne~ so
legislation could be submitted to the legislature by the January 29th deadline.
Mayor Nader stated there was a move in the state senate to put together a bill which would create a
program under which two cities would be selected for grants for the purpose of attracting designated
environmental enterprises. He hoped that if the motion passed that the City would establish itself as a front
runner to be elected as the southern city for the grant monies should the program materialize. It was
important that the task force not duplicate efforts but set criteria for identif~ng certain types of businesses
that would be eligible for incentives.
Councilman Rindone stated it was a processing procedure and he was uncertain as to what Council was
voting an, i.e. number of members, tasks, responsibilities, terms, etc. He requested further definition from
the maker of the motion. He suggested that a subcommittee of Councilman Fox and Mayor Nader be
established to design the task force and bring it back to Council on 1/5/93.
SUBSTITLFrE MOTION: (Rjndone/Nader) to appoint a subcommittee of Counclhnan Fox and Mayor Nader
to design the parameters of an Environmental Enterprise Task Force as soon as poss~le.
Councilwoman Hotton stated that based on the description given she could see a lot of oreflapping with
what she had already proposed and what the EDC was doing, She felt they needed to be very careful in not
disturbing what their goals were for the City and hoped they could help to implement the program.
Mayor Nader suggested that it be a single purpose task force that would be formed for as long as it took to
put a program together and then it would sunset. It would not have set terms and would not be a City
commission which would mean that non-residents would be eligible to serve.
VOTE ON MOTION: approved unanimously.
b. Reconsideration of Counc~ Policy regarding use of City vehicles and auto allowances adopted on
12/8/92.
Mayor Nader questioned whether he could make a procedural suggestion.
City Attorney Boogaard stated the Mayor should leave the dias. Mayor Nader then left the dias.
Councilman Moore recommended that the issue be continued to 1/5/93.
City Attorney Boogaard stated he and the Assistant City Manager needed to know if there was going to be
a reversal in the previous policy as they were under a deadline to replace their cars.
Councilman Fox stated the new policy was more expensive. When Council considered the policy, they did
not have the fiscal impact which Council had since been given.
MS (FoX/Horton) to reconsider the Vehicle Policy.
Councilman Fox then reviewed the fiscal impacts. If it was Councfi's intent to eliminate the perception that
unlimited mileage for certain employees would result in a savings, there was evidence to the contrary.
MS (FoX/Horton) continue with the policy that was adopted 12/8/92 with a modification that the City
Manager and the Mayor continue with the elLsting auto policies they curren~y had.
Councilwoman Hotton stated she could support the motion because when the City Manager was hired it was
a written contractual agreement and it would save the taxpayers money. When considering the Mayor's
salary, she also felt it was appropriate.
Minutes
December 15, 1992
Page 19
Councilman Moore stated the motion was out of order as the motion was to reconsider and the Mayor's
vehicle had not been discussed the previous week.
AMF2~MF2qT TO MOTION: (Fo~q-Iorton) m make the motion exclusive to the City Manager.
Mayor Pro Tem Rindone stated there were two issues to be resolved: elimination of personal use of City
owned vehicles with future and current employees; and it was a benefit given in a contractual agreement
with the 1982 Council and the Manager. The City Manager had stated the proposal was marginally
acceptable and both the City and the employees had given concessions on the issue. He would not support
the motion and hoped the issue was never brought up again.
Councilman Fox recommended Council stay with the current policy for the City Manager and if they must,
limit them to the current personal mileage usage.
Councilman Moore stated with unlimited use the gas usage would go up, maintenance would go up, but
most of all the liability would go up. He would never again support unlimited use of a City vehicle. The
discussions that were held tarnished the image of the City and he felt the action previously taken was
appropriate.
VOTE ON MOTION: failed 1-3-0-1 with Hotton, Moore, Kindone opposed and Nader abstaining.
Councilman Moore
c. Status report regarding three Project Area Committees and potential merger of the Montgomery
Planning Committee remaining members into the Southwest PAC. Discussed under Item 23b,
Councilman Rindone
d. Consideration of re-sequencing of the City Council Agenda to place Items Pulled From the Consent
Calendar following Board and Commission Recommendations. No action taken.
ADJOURNMENT
City Attorney Boogaard stated the need to discuss ApTek in closed session came up in discussions that
morning.
MSUC (Nader/Moore) the need to discuss ApT& litigation in dosed session arose after the preparation of
the agenda.
City Attorney Boogaard informed Council there was no need to discuss the Laidlaw item agendized for the
closed session.
The City Council recessed at 12:47 and reconvened in a closed session at 12:59 p.m.
ADJOURNMENT AT 1:20 P.M. to the joint meeting of the City Council/County Board of Supervisors on
Thursday, December 17, 1992 at 4:00 p.m. in the City Council Chambers and thence to the Regular City
Council Meeting on January 5, 1992 at 4:00 p.m. in the City Council Chambers.
A Special Joint City Council/Redevelopment Agency meeting met at 10:48 p.m. and recessed at 10:58 p.m.
and reconvened at 12:47 p.m. and adjourned at 12:59 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
~ck~ C. Soderqmst, Dep~)ity Clerk