HomeMy WebLinkAboutcc min 1993/02/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, February 2, 1993 Council Chambers
4:08 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.RF}GE OF AIJ.RGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamations were presented by Mayor Pro Tern Rindone commending Chula Vista Police, Fire and
Public Works DepartmenLs, San Diego Fire Department and San Diego Lifeguards, Coronado Public Works
Department, Harmon Medical Sen, ice, Sweetwater Authority, South Bay Dispatch Center and RCP Block
Company on their successful e, from in saving the life of Edward Cassidy.
CONSENT C~I.RNDAR
(Items pulled: 6, 7, and 11)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILWOMAN HORTON, reading of the text was
waived, passed and approved unanimously.
S. WRfFI'EN COMMUNICATIONS:
a. Letter requesting monetary support of New Renaissance, a 28-member student vocal ensemble, to
perform at the Annual Cherry Blossom Festival in Washington, D.C. in Apri] -David Trevino, Band Director,
Chula Vista High School, 820 Fourth Ave., Chula Vista, CA 91911. In light of Council's past action, it is
recommended that a $500 contribution be authorized from the Council contingency fund to the New
Renaissance Ensemble towards their trip to Washington, D.C., with the stipulation that they again agree to
perform at no cost at future city functions.
Councilman Rindone requested that the agenda include the staff recommendations so the public would be
aware of the action taken by Council on the Consent Calendar.
6.A. RESOLUTION 16973 APPROVING AN AGI~RRMENT WITH THE CITY OF IMPERIAL BEACH
REGARDING THE PROVISION OF ANIMAL CONTROL SERVICES IN IMPERIAL BEACH - The Police
Depathnent, through its Animal Regulation Division, currently provides animal shelter and after-hours
animal control services in the City of Imperial Beach. These services are provided under an eraended
agreement first approved by Council in Fiscal Year 1987-88. Over the past twelve months, staff from
Minutes
February 2, 1993
Page 2
Imperial Beach and Chula Vista have discussed the concept of Chula Vista staff providing full-time animal
control services in Imperial Beach. The proposed agreement arranges for Chula Vista to provide the same
level of animal control services to the citizens of Imperial Beach as are now provided for the citizens of
Chula Vista. Imperial Beach has agreed to pay the actual costs to Chula Vista for providing such services
plus applicable Full Cost Recovery program charges. Staff recommends approval of the resolutions. (Chief
of Police) Pulled from the Consent Calendar.
B. RESOLUTION 16974 AMENDING THE FISCAL YEAR 1992-93 BUDGET TO REFLECT AN
INCRFASE OF $13,272.68 TO FUND THE ADDITION OF ONE FULL TIME ANIMAL CONTROL OFFICER
PO:SlllON, AND PERSONNEL EXPENSE I~I.&TED THERETO, IN THE ANIMAL REGULATION DMSION OF
THE POLICE DEPARTMENT - 4/5th's vote required. Pulled from the Consent Calendar.
Caralyn Butler, 67 Bishop Street, Chula Vista, CA, questioned whether the Chula Vista Animal Shelter had
been closed.
Rick Emerson, Chief of Police, responded that the Chula Vista Animal Shelter was in operation and would
continue to operate.
RESOLUTIONS 16973 AND 16974 OFFP..RED BY COUNCILMAN MOORE, reading of the text was waived,
passed and approved unanimously.
7. RESOLUTION 16975 APPROVING SPECIFIC CONSrRUCTION REQUIREMENTS FOR CHULA
VISTA COMMUNI-tY PARK AND APPROVING A JOINT USE AGRRRMENT WrfH SVVEETW'ATER UNION
HIGH SCHOOL DISTRICT FOR 'rile FACILITIES LOCATED AT CI-PJLA VISTA COMMUNITY PARK AND
EAS17AKE HIGH SCHOOL - On 11/24/92, Council approved the construction of Phase I (8.30 acres) of the
Chula Vista Community Park, appropriated $6,000 for expenses for utilities at the park and directed staff
to return to Council with a proposed Joint Use Agreement with Sweetwater Union High School District for
the use of the park before construction could begin upon build-out. Chula Vista Community Park will be
a 12.9 acre park in the EastLake Greens. The report addresses the need to expand the park by another 4
acres and describes the significant components of the proposed Joint Use Agreement. Staff recommends
approval of the resolution. (Director of Parks and Recreation) Pulled from the Consent Calendar.
Councilman Rindone informed Council that he would abstain on the item.
City Attorney Boogaard stated Councilman Rindone was not obligated to abstain. A source of income from
another public entity did not constitute a source of income for a conflict of interest purpose. Councilman
Rindone felt it a matter of discretion and appearance. The only change of minor substance in the agreement
was included on Page 2, Paragraph 2.1.1, which made a reciprocal statement of intent. Other changes were
clearly typographical changes.
Councilman Fox questioned whether the restrictions placed upon the City would be restrictive upon the
City's programs.
Jess Valenzuela, Director of Parks and Recreation, felt the department would be able to function effectively.
Based on the parameters he felt the City would have a lot of flexibility. The driving force behind the
agreement was the quarterly meetings which would provide an opportunity to negotiate certain items far
in advance which would allow flexibility in programming.
Councilwoman Horton questioned whether two of the tennis courts would be open to the public during
school hours and whether that was appropriate for security purposes.
Minutes
February 2, 1993
Page 3
Andy Campbell, Director of School Facilities and Planning for Sweetwater School District, responded that
the district had worked with the architect and City staff in providing access to the parking lot immediately
adjacent to the courts so they could be cordoned off from the remaining portion of the school. They did not
foresee that as a problem. If it became a problem they would have a vehicle within the agreement to deal
with it.
RESOLUTION 16975 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved unanimously.
8. RESOLUTION 16976 RFALIDCATING $7,204 OF URBAN COUNqY COMMUNrlY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS FROM THE WOODlAWN PARK COMMUNITY CENTER TO THg
NEIGHBORHOOD REVITALIZAT/ON PRO GRAM AND REQUESTING THE COUNTY BOARD OF SUPERVISORS
TO TRANSFER SAID FUNDS; APPROVING A CONTRACT AMENDMENT TO THE AGIIRRMENT WITH 'rile
COUNTY OF SAN DIEGO; AND, REALLOCATING $7,204 OF CllY CDBG FUNDS FROM THE OTAY
NEIGHBORHOOD REVITAL[ZATION PROGRAM TO THE WOODLAWN PARK COMMUNITY CENTER- In May
1992, Council reallocated funds from completed and cancelled Urban County CDBG projects to the
Woodlawn Park Community Center for a new roof. However, because the Woodlawn Park Community
Center is located in an ineligible census tract, the County refused to reallocate the funds unless the City
undertook an income survey of the Woodlawn Park neighborhood. The City will lose the funds fithey are
not expended within the next three to four months. The funds could be reallocated to the Neighborhood
Revitalization Program for design of the second phase of the Otay Area street improvements, which is
expected to get underway this month. Staff recommends approval of the resolution. (Director of Community
Development)
9. RESOLUTION 16977 APPROVINGTHEFISCALYEARC/~9 1993-94CLAIMSFORTHEFY1993-94
TWO PER CENT NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT CIDA) FUND AND
TRANSPORTATION SAlr.v~; TAX CI'RANSNET) FUNDS - Annually, the City submits an updated list of projects
for inclusion in the seven-year implementation program of the non-motorized element of the Regional
Transportation Improvement Program. As required by SANDAG regulations, a set of claims is required to
be submitted to SANDAG in order for projects to be considered for funding by the SANDAG Board of
Directors. Council must pass a resolution authorizing submittal of the FY 1993-94 Bicycle Projects Claims
for available Transportation Development Act and Transportation Sales Tax Transnet Funds. Staff
recommends approval of the resolution. (Director of Public Works)
10. RESOLUTION 16978 ACCEFrINGCAL1FORNIASTATELIBRARY-CALIFORI~KA~YSI~VICES
ACT FAMII.rF_q FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA VISTA LI-fl~IACY TEAM;
APPROPRIATING FUNDS AND AMENDING THE FISCAL YEAR 1992-93 BUDGET - Earlier this year the Chula
Vista Literacy Team was awarded a California Library Services Act Families For Literacy grant from the
California State Library to develop and offer special family literacy services to adult learners and their young
children. At that time it was uncertain whether funds would be available to cover the full amount of the
grant award; one half of the funds ($11,000) was appropriated. Staff has now been given confirmation that
the remaining funds are available ($11,000) from the California State Library. The funds cannot be used
to supplant the current tutor reading program. Staff recommends approval of the resolution. (Acting
Library Director) 4/5th's vote required.
11. REPORT CHULA VISTA PUBLIC LIBRARY'S APPLICATION TO THE FEDERAL
DEPARTMENT OF EDUCATION FOR $34,845 IN GRANT FUNDS UNDER THE LIBRARY SERVICES AND
Minutes
February 2, 1993
Page 4
CONI~JIRUCTION ACT, TITLE VI LIBRARY LITERACT PROGRAM - The Chul a Vista Literacy Team is currently
a recipient of Title VI grant funds in Fiscal Year (FY) 1992-93 and has applied for $34,845 in grant funds
under the Library Services and Construction Act, Title VI Library Literacy Program to renew their Model
Writing Program for Adult Learners in FY 1993-94. The funds cannot be used to supplant the current tutor
reading program. Staff recommends Council accept the report. (Acting Library Director) Pulled from the
Consent Calendar.
Councilman Rindone stated he supported the item but noted it should have been a request for ratification
as the item had been previously approved.
MSUC (Rindone/Moore) to approve ratification of the application for funds.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND PPt.&TED RESOLUTIONS AND ORDINANCES
12.A. PUBLIC HEARING GPA-92-02 - ENTERTAINING lIECONSIDERATION OF AMENDMENTS TO
THE PUBLIC FA(2LITIES F.! .F-MENT OF THE GENERAL PLAN PREVIOUSLY ADOFrED IN JUNE 1992, WHICH
IMPLEMENT AND SUPPLEMENT THE APPROVED COUNTY OF SAN DIEGO HAZARDOUS WASTE
MANAGEMENT PLAN - CITY INITIATED- Pursuant to State law AB2948 (Tanner, 1986), the City is required
to adopt local provisions to implement the approved County of San Diego Hazardous Waste Management
Plan (COHWMP). The proposed amendments establish the necessary provisions for the management of
hazardous waste and the siting and permitting of hazardous waste facilities within the City, consistent with
the COHWMP and State law. Staff recommends that the public hearln~s be continued. (Director of
Planning)
B. PUBLIC HEARING GPA-92-02A - CONSIDERATION OF ADDITIONAL AMENDIVlENTS TO THE
PUBLIC FACILITIES I~.IJ~.MENT OF THE GENERAL PLAN REFINING PORTIONS OF THE JUNE 1992
AMENDMENTS AND ~AT]NG THE CITY'S *FAIR SHARE* CONCEPTS REGARDING HAZARDOUS WASTE
FACII~TIES - ulT INITIATED
C. PUBLIC HEARING PCA-92-02 - CONSIDERATION QF AMENDMENTS TO TITLE 19 OF THE
MUNICIPAL CODE TO DEFINE HAZARDOUS WASTE FACILITIES AS CONDITIONAL USES IN THE CITY'S
INDIJ:>'t'RIAL ZONES AND TO ESTABLISH A SPECIFIC REVIEW PROCEDURE FOR CONDITIONAL USE
PERMIT APPLICATIONS FOK SUCH FACILITIES CONSISTENT W1TH STATE LAW - CITY INITIATED
Robert Leiter, Director of Planning, informed Council the public hearings would be republished and
requested the hearings be continued indefinitely.
MSUC (Nader/Moore) to continue the public hearings indefinitely.
ORAL COMMUNICATIONS
· Carolyn F. Butler, 97 Bishop Street, Chula Vista, CA, informed Council that she had received calls
from seniors and disabled residents of the City expressing their concern regarding potential cuts to their
social security benefits. They wanted assurance from the Council that they would do whatever they could ,
to protect their benefits. )
Minutes
February 2, 1993
Page 5
· Carol Raty, 873 Fairway Court, Chula Vista, CA, stated she had appeared before Council two weeks
ago addressing the flooding in the Telegraph Canyon Flood Charmel between First Avenue and Third
Avenues which encompassed residences on "K~ Street, San Miguel Court, Sierra Way, and Fairway Court.
She presented a Priority of Funding Petition that had been signed by twenty-five of the coalition residents.
She had recently learned that the City did not have an easement but felt it unfair that some property owners
were spending thousands of dollars to save their property. She expressed concern that further complications
could occur when each resident engineered their own plan. Safety was also an issue due to the high volume
of water running through the channel. All residents felt the increase in water flow in the channel was due
to the excess construction along Telegraph Canyon Road. All residents would consider a injunction to stop
all construction until a storm channel contract was signed. Seventeen members of the coalition had agreed
to an easement and she felt the City must find funding for the project.
John Lippitt, Director of Public Works, stated the issue had been referred to staff. It was anticipated that
a report would be ready in two weeks which would include proposed solutions to the problem. The City
was collecting revenues from the development in the east to help solve the problem but the City would have
to front some money if there was going to be a project.
Ms. Raty questioned whether funds would be available for emergency measures.
City Manager Goss responded there was no funding included in the budget for drainage projects. Staff
would need to come back to Council with a project and obtain authorization. Staff would also have to
obtain authorization to go into the channel.
Mayor Nader questioned if there were emergency measures that could be taken if there were heavy rains.
City Manager Goss stated that if the people were identified as emergency cases, staff would field check the
situation and make an assessment on how the City could assist in an emergency situation.
Mayor Nader requested that the report include any immediate steps the City could consider and assumed
there would be something in the capital improvements for Council to consider.
Councilman Moore stated the report should include what the responsibility was for the City and the property
owners.
Motion: (Moore) direct staff to provide Council with a report on the Telegraph Canyon Flood ConWol
Channel, from Telegraph Canyon Road through Hilltop Park, First Avenue to Third Avenue, addre~ing who
was respons~le and rationale for the recommendations. Motion died for lack of second.
City Manager Goss stated the staff report would include flooding options, background on the responsibility,
examples of what happened on the other parts of the flood control channel, and breakdown of how other
areas were funded.
· Anthony Nasdeo, 272 Sierra Way, Chula Vista, CA, stated his property bordered the Telegraph
Canyon Flood Control Channel. He wanted to set the record straight: 1) the City did not come by twice
a year to clear the channel, the state probation depaxhnent came by occasionally leaving the charmel
completely void of vegetation; and 2) the original owners were not aware of a serious drainage problem.
City staff had stated the Army Corps of Engineers did not see it as a problem as they did not continue up
the channel, the City didn't see it as a problem as they allowed the subdividers to put in the homes, and
mortgage companies did not see it as a problem as flood insurance had never been required. There was
never a serious drainage problem until the City approved development east of 1-805 without preparing the
entire down stream area properly for the increased runoff.
Minutes
February 2, 1993
Page 6
Councilman Moore stated the people that cleaned out the channel were under contract to the City. The Corp
of Engineers would not extend the channel, although the City fought hard for it, because of the funding
source. There was a different viewpoint between the homeowners and the City. The major concerns had
been money and responsibility.
Mayor Nader stated that unless the property owner had done something to contribute to a hazardous
situation or purchased the property as it currently was he would have a problem in saying it was their moral
responsibility to provide the improvements. He would look to staff to provide an analysis of what the City
was able to fiscally do. If some sort of contribution was available in a reasonable way from the property
owners those options should be brought to Council. It would be preferable for the City to handle the project
if it did not result in an even larger problem in the City due to an unfunded project. He also hoped included
in the report would be an analysis of how the growth management standards for drainage had worked in
relation to the particular issue.
Councilman Fox requested the report include the FEMA flood zones for the area.
· Diane Nasdeo, 272 Sierra Way, Chula Vista, CA, invited Council to visit the area of the Telegraph
Canyon Flood Control Channel and see the devastation. She then distributed pictures of the area to Council.
· Carolyn Butler, 97 Bishop Street, Chula Vista, CA, questioned how many haulers she would have to
pay for trash removal.
Mayor Nader responded that Council action the previous week was addressing yard waste and noted that
due to the lack of space in the current landfills, if recycling was not instituted all bills would skyrocket.
BOARD AND COMMISSION RECOMMF2qDATIONS
None submitted.
ACTION ~
13. RESOLUTION 16979 ESTABLISHING A POLICY ON APPROVAL OF DEFERRAL AND HEN
AGRF. FJk~NTS AND APPROVING THE DRAFT FORM OF THE CITY'S DEFERRAL AND HEN AGBRRMENT -
On 5/12/92 and 6/9/92, Council expressed concems regarding requests for liens against properties in lieu
of posting cash bonds for security for deferrals. The concems centered around: (1) delegating the approval
of a lien agreement to staff up to a certain limit; and (2) the inclusion of a clause in those agreements for
increasing lien amounts to reflect cost escalation. The subject Council Policy has been drafted to address
those concerns. Staff recommends approval of the resolution. (Director of Public Works)
Councilman Fox expressed concern on: 1) the ability to lien versus cash bond for hardship; 2) the advantage
or disadvantage of having to foreclose as a remedy; and 3) what priority the City would have on a lien.
City Attorney Boogaard stated the first to record rule would apply. A mechanic's lien would only be recorded
against the property after a failure to pay. They had the right to record notice of value being added to the
land. If it was not paid off there was a very short statutory foreclosure notice on a mechanic's lien. Staff
anticipated that before a lien was accepted a title report would be received to ensure there was sufficient
equity in the property.
Councilman Moore questioned what the staff recommendation was, i.e. bond with built in escalation or lien.
Minutes
February 2, 1993
Page 7
Clifford Swanson, City Engineer/Deputy Director of Public Works, responded that the ideal situation would
be a cash bond, however, that still left inflation as a factor.
Councilman Rindone stated initial direction from Council was that in all cases a lien would be last choice.
He questioned whether it would be beneficial to amend to state: 'amount up to $30,000 but a percentage
not to exceed the estimated value of the home'.
Mr. Swanson responded it was a good point. Based on the staff recommendation of $30,000 for deferral,
if that were applied to a $150,000 home it would be approximately five times the value of the lien. As a
rule of thumb it was one-fifth the value of the home or 20% - 25%.
Councilman Rindone stated he did not want to restrict staff. Those that were standard, met the needs, and
could provide assurance should be done administratively.
City Attorney Boogaard stated the $30,000 represented the dichotomy which the staff would use their
judgemenr in granting a lien as opposed to sending it to Council. Staff was not suggesting abandoning
normal financing principles. He would recommend to staff when they came to him with a request to defer
by taking a lien that it should not be greater than the lien and all other debts should not exceed 75% of the
value of the property. Staff would also obtain a title report, make sure insurance was in place, etc.
Councilman Rindone suggested that "a report be submitted to Council bi-annually" be included at the end
of Item # 1.
Councilwoman Horton felt 80% of value was more reasonable on single-family homes and 75% for
commercial property which was standard in the industry for loans.
City Attorney Boogaard stated staff would articulate the concerns into a policy statement and return at the
next Council meeting for review.
MS 01indone/Nader) defer the item for three weeks for revision to include cornmelit$ by Council.
Councilman Nader stated the genesis of the item was hardship cases for single family home owners or small
business people. He was not sure he wanted to automatically have staff give out the liens which did not
provide as good a security to the City in other situations. He recommended that the policy be amended to
state the policy would apply to "owner occupied residential, commercial, or industrial property'. Non-owner
occupied residential property would continue under the existing policy.
Councilman Rindone stated he did not have a problem with owner occupied residential but questioned
whether there would be a restriction on the commercial.
Mayor Nader stated that if a business person was involved with commercial or industrial property he was
likely to generate long term jobs and revenue for the City which was not the case with non-owner residential
property. He felt it was a matter of fairness to the owner occupied home owner.
Councilwoman Horton stated if the owners was in a hardship situation and providing low-income housing
for other families, it should be considered.
Mayor Nader stated that existing policy allowed the Council to consider hardship situations but he did not
want it to be routine, i.e. every non-owner occupied residential property be eligible for a lien. He did not
see that included in the policy. He fdt staff should have to consider hardship or comrnurlity benefit as the
rationale for granting a lien in lieu of a cash bond.
Minutes
February 2, 1993
Page 8
Councfiman Rindone, as maker of the motion, agreed to the amendment,
VOTE ON MOTION: appruved unanimously.
ITEMS ptHJ.ED FROM THE CONSENT CALENDAR
Items pulled: 6, 7, and 11. The minutes will reflect the published agenda order.
OTHER BUSINESS
14. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
Mayor Nader informed the Council that he would be on his honeymoon from 2/8/93 through 2/28/93.
MSUC (Horton/Fox) to excuse the Mayors absences from the 2/9/93, 2/16/93, and 2/23/93 Council
meetings.
15. MAYOR'S REPORT(S)
a. Mayor Nader stated that Councilman Moore had informed him that he had resigned as one of the
two delegates to the Special Act District for Wastewater Treatment in San Diego. He remained as the other
delegate, but would be absent for the 2/19/93 meeting. Council needed to appoint a second voting delegate
and replace one of the alternates. He requested that it be agendized for the 2/9/93 meeting. It was his
understanding that staff was prepared to come forward with a workshop/conference early in the spring to
advise the Council on what their options were in regard to continued participation in the Special Act District.
He recommended that if any thing that would result in incurred indebtedness by the District was to appear
on the Special Act District agenda that Council promptly take action to withdraw from the District until such
time the Counc~ had the opportunity to assess all of the options. He requested that the City Attorney and
City Manager review the next agenda to make sure there was nothing agendized that would prejudice the
City's rights.
City Attorney Boogaard recommended that the delegates and alternates be given authority, that if there was
insufficient time for the Council to act the delegates were authorized to issue the withdrawal notice
immediately.
Mayor Nader stated he would support that but had several concerns and felt it should be agendized. He
requested that his recommendation be followed.
City Manage Goss stated that before any indebtedness could occur it would have to go before each city
council for approval.
Councilman Moore stated a meeting in a workshop setting was very important. He did not want staff to
dedicate a lot of time to the City's withdrawal but spend the time on how the City would address the major
concerns. The withdrawal should be left up to the policy makers. He was a strong supporter of the
combined sewer system, Clean Water Act, but felt the request for a weighted vote did not show consensus
Minutes
February 2, 1993
Page 9
and he would not participate in that type of activity. He also had concerns about going independent that
had not been answered.
Mayor Nader hoped his comments would not be misconstrued. He did not want staff to tell him whether
or not to stay in the Special Act District as that was a decision for the Council to make. Council could make
a more informed decision if staff developed options under each scenario.
City Manager Goss felt the City should move quickly, it was his thought that Council should be supplied
preliminary information in February and have a workshop at the end of February or the fucst week of March.
Councilman Moore stated he preferred to receive a report that both the Manager and City Attorney had
worked on rather than two separate reports.
aa. Mayor Nader stated he had received a letter from the Ambassador of Mexico to the U.S. confirming
comments made regarding TwinPorts at his meeting in Washington D.C. He then read the letter and stated
that TwinPorts was dead. It was time for the City of San Diego to lift the moratorium on Otay Mesa and
allow the Sweetwater School District to move forward with construction of their high school, move forward
with promoting industrial development and job growth, and to look seriously at the Mexican proposal for
shared use of the Tijuana airport.
b. Local Coastal Permit Revision Ordinance: review of local coastal ordinance to give the City the
maximum level of possible coastal permitting authority so as to limit the number and scope of items to be
given secondary review by the State. Continued from the meefing ofl/12/93. Staffrecommended that the
Council direct staff to work with the City Attorney and the Coastal Commission staff to maximize the level
of coastal permitting authority by the City.
MSUC (Nader/Fox) to approve the staff recommendations for Items b through j.
c. CEQA training for members of the Council, staff, Planning Commission, Resource Conservation
Commission, and the public. Continued from the meeting of 1/12/93. Staff recommended that
consideration be given m expanding the annual Planning Commission workshop to include the City Council
and the Resource Conservation Commission, as well as other interested members of Boards and
Commissions, It is further recommended that the City Council provide any direction appropriate regarding
any Councilmembers who may wish m attend a Statewide CEQA Conference to be held in San Diego this
spring.
d. Resolution Procedure for Interdepartmental Conflicts on Projects. A policy to require that any time
representatives of two or more City departments are not able to immediately determine which department
has jurisdiction over an application or project, the difference of opinion would be immediately submitted
to the City Manager or his designee who would be responsible for resolving it promptly. Continued from
the meeting of 1/12/93. Stuff recommended: 1) Council adopt a policy that requires that if two or more
City departments cannot determine which department has jurisdiction over an application or project, and
the jurisdictional issue has not been resolved by the heads of those depar'a'nents, the difference be
immediately submitted to the City Manager or his designee, who would be responsible for resolving it
promptly. 2) The project manager system be optimized. 3) Interdepartmental training workshops be held
to enhance coordination by clarifying policies and procedures among development services deparUnents.
e. Direction to staff to provide cross training of staff so that a single person can coordinate the
handling of an entire project application. Continued from the meeting of 1/12/93. Staff recommends that
staff be directed, in cooperation with the EDC, to take necessary steps m simplify the processing of project
applications, including the use of a project manager where appropriate.
Minutes
February 2, 1993
Page 10
Mayor Nader felt there was a misunderstanding of his proposal. His recommendation was not that a single
person could handle an entire application but that a single person could coordinate an entire application.
f. Direct staff to diagram a simple flow chart of the planning and application process and to make this
flow chart readily available for use by the public and applicant. Continued from the meeting of 1/12/93.
Staff recommends that Council endorse the EDC recommendation that brochures be prepared for each
development department and that staff be encouraged to facilitate the brochures and flow charts currently
being prepared.
g. Direction to staff to prepare an ordinance and bring to Council next month giving a project applicant
in a situation requiring a decision by the Zoning Administrator the option to bypass the Zoning
Administrator and go straight to a Planning Commission hearing with the Zoning Administrator rendering
an advisory opinion at the Planning Commission hearing. Continued from the meelLng of 1/12/93. Staff
recommends Council direct the City Attorney to prepare an ordinance that provides an applicant the option
to bypass the Zoning Administrator and take their application directly to the Planning Commission for
hearing.
h. Direction to staff to prepare and bring to Council next month an ordinance making it a misdemeanor
for a bu~ding field inspector to change or alter previously approved plans except for public safety reasons.
Continued from the meeting of 1/12/93. Staff recommends Council direct staff to forrealize and provide
information to applicants on a process for the applicant to appeal the field inspectors decision to the
Director of Building and Housing, and/or the Assistant City Manager.
i. Direction to staff to modify the job description of building field inspectors and to explicitly advise
building field inspectors of their responsibility to stick to previously approved plans except when public
safety dictates otherwise. Continued from the meeting of 1/12/93. Staff recommends Council direct staff
to forrealize and provide information to applicants on a process for the applicant to appeal the field
inspector's decision to the Director of Building and Housing, and/or the Assistant City Manager.
j. Direction to staff to specifically advise building field inspectors of the legal and potential job action
consequences of acting beyond their authority, and to provide a copy of the advertisement as an information
item to Council. Continued from the meeting of 1/12/93. Staff recommends Council direct staff to
formalize and provide information to applicants on a process for the applicant to appeal the field inspector's
decision to the Director of Building and Housing, and/or the Assistant City Manager.
k. Modify the Economic Development Commission work plan to assign "high priority~ to the review of
the administration of the CUP process. Continued from the meeting of 1/12/93. Staff did not make a
recommendation.
Mayor Nader stated the basis for the proposal was concern expressed by the business community regarding
the administration of the CUP process. There were a number of items in the EDC workplan that were
designated high priority but in light of the concerns expressed by the business community he felt the issue
should be higher than a medium priority. His motion was not intended to take any authority away from
the EDC but rather to direct them to address the item ahead of those listed as medium priority in the
workplan.
Councilman Moore felt it was time for the commissions to let administration move forward. He felt the CUP
process should be shifted to the City Manager as a high priority item.
Minutes
February 2, 1993
Page 11
Robert Leiter, Director of Planning, stated Council had given direction to staff to work with an ad hoe
committee to work on the issue of the CUP process. Council had also taken action on the priorities and the
CUP process had been made a medium priority.
MSUC (Nader/Moore) refer the CUP process back to staff with the direction that review of the CUP process
be put in the category of high priority in the EDC workplan.
1. Direction to staff regarding consideration of rezoning of industrial land. Staff recommended that
Council establish a policy of the Council that no negotiation for the rezoning of industrial property should
occur without authorization first being obtained from the Council.
MS (Moore/Nader) direct staff to submit a Council policy that noted the following:. 1} Industrial zoned
property within Chula V'~sta is of high interest to the City Council with suffidant coverage so zoned to insure
the City's ability to retain, recruit and/or expand manufacturing entities. In this regard, City staffw~l advise
those that inquire of the Council policy that industrial acreage considered for zone change would normally
require slrn~lar industrial zoning off-set elsewhere in the City before approval. 2} Each planned community
shall have industrial acreage to insure that City services funded within the community plus 15% to off-set
recession.
Mayor Nader stated he would support the motion as it would bring back a policy. He suggested that the
staff recommendation also be approved.
Councilman Moore, as the maker of the motion, agreed to the indusion of the staff recommendation,
VOTE ON MOTION: approved unanimously.
m. Mayor Nader announced that it was Councilman Fox's birthday.
16. COUNCIL COMMENTS
Councilman Rindone
a. Clarification of Special Planning Project Manager's responsibilities and duties.
Councilman Rindone stated he had received a number of calls regarding the Special Planning Project
Manager wanting to make sure that the monies funded by Baldwin to assist in the planning process did not
create a perception or reality that the individual was funded by those monies.
Deputy City Manager Krempl responded that the position was intended to process a SPA plan, once the
current processing of the Otay Ranch had been concluded, with regard to a general plan amendment and
general development plan. He felt there was a misunderstanding that the position had authority over the
density or intensity of the development and that was not the case. The Council and County Board of
Supervisors would be making those threshold decisions. Regarding the funding of the position, the money
would come to the City and be put into a general development deposit account and would be used for City
expenses and charges of a myriad nature against the account, which was what had been done for over a
decade for all major planned community projects. The most important thing was to acknowledge that the
person did not have any unilateral or independent decision making authority. He would be part of a City
team, interacting with other City personnel. H would be responsible to, and going through, the City
Managers Office, Deputy City Manager, Assistant City Manager, and Planning Director so there were a
number of checks and balances. It was a line staff position within an overall City structure. Any action on
Minutes
February 2, 1993
Page 12
the SPA plan would go through the Planning Commission, Resource Conservation Commission, and City
Council.
Mayor Nader stated the four members of the Councll served on a part-time basis with very little staff
support. There was a tremendous amount of paper work and reports and therefore, Council had to rely very
heavily on staff and the City Manager. He felt there was concern that the individual would be closely
supervised by someone that would be accountable to the Council
Deputy City Manager Krempl assured the Mayor that was the case.
Councilman Rindone stated that in the processing of a major development, if there wasn't a position that
focused on those issues, it would be detrimental to the balance of the Planning DepaLh~ent and the
workload. He wanted to make it clear that the Council was very independent in making their decisions.
The position was to be a team member of a planning project.
b. Councilman Rindone presented Mayor Nader with a cake which said ~Tim, your last meeting as a
free man~. Council wished the Mayor well in his marriage.
Councilman Fox
· Councilman Fox informed Council that materials were being gathered regarding the Environmental
Enterprise Zone. He noted there were time constraints and had hoped that members could have been
appointed to the task force prior to the Mayor's absence.
Mayor Nader stated it was his intent to coordinate the information and applications and have Councilman
Fox bring the appointments forward during his absence.
ADJOURNMENT
The City Counc~ recessed at 6:13 p.m. and reconvened and met in a closed session at 6:20 p.m. to discuss:
Potential litigation pursuant to Government Code Section 54956.9 - IGOU vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Roller vs. the Civil Service
Commission.
ADJOURNMENT AT 6:25 P.M. to the Regular City Council Meeting on February 9, 1993 at 6:00 p.m. in the
City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist,~Depu~'y Clerk
The Redevelopmenr Agency met at 6:14 p.m. and adjourned at 6:25 p.m.
/