HomeMy WebLinkAboutcc min 1993/10/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, October 19, 1993 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Hotton, Moore, and Mayor Pro Tem Rindone
ABSENT: Mayor Nader
ALSO PRESENT: Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney;
and Beverly A. Authelet, City Clerk
2. PLEDGE OF AIJ.EGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: October S, 1993 and October 12, 1993. The following
minutes from the Joint Meetings of the City Council and the San Diego County Board of Supervisors:
September 13, 1993, July 30, 1992, September 24, 1992, September 30, 1992, November 4, 1992, and
November 24, 1992.
MSC Morton/Moore) to approve the minutes as presented. Approved B-o-l-1 with Nader absent and Pox
abstaining on all 1992 minutes, Moore abstaining on the minutes of 10/12/93, and Rindone abstaining on
the minutes of 10/05/93.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Brene Patrick - Economic Development Commission. Ms. Patrick was not at the
meeting.
b. Bill Virchis, Instructor of Drama at Southwestern College, stated the workshop opera Metropolis
would premier at Southwestern College November 11-13 and 17-20. Melody Cernitz, Member of the Cultural
Arts Commission, informed Council that Chula Vista was celebrating Arts and Humanities Month. There
would be a Storyteller performing at the Nature Interpretive Center on Saturday.
CONSENT CAI .END/MR
(Items pulled: 5 and 6)
BALANCE OF THE CONSENT CAI.F. NDAR OFFERED BY COUNCILMEMBER FOX, reading of the text was
waived, passed and approved 4-0-1 with Nader absenL
S. WRI 11~1 COMMUNICATIONS:
a. Letter requesting Council repeal prior approval of the Gotham Street extension - Robert L. McCauley,
1987 Bucknell Street, Chula Vista, CA 91913. It is recommended that the request be considered concurrent
with Agenda Item 14. Pulled from the Consent Calendar and heard with Item 14.
6. ORDINANCE 2572 AMENDING SECTION 2.66.270 OF THE MUNICIPAL CODE REIATING TO
DIRECTOR OF PARKS AND RECREATION AUTHOPdTY TO ALTER PARK CLOSING HOURS (second reading
and adoption) - The recommendations come as a result of citizen concerns about public safety at Rancho
Minutes
October 19, 1993
Page 2
del Rey and Independence Parks. Staff recommends Council place the ordinance on second reading and
adoption. (Director of Parks and Recreation) Pulled from the Consent Calendar.
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated she was concerned with the park
closures and the ability of the public to traverse the park after those hours.
Mayor Pro Tem Rindone stated the previous action taken by Council was time specific and not dusk to dawn.
City Attorney Boogaard stated the ordinance exempted walking through the parks on a path or parkway.
ORDINANCE 2572 pLACRD ON SECOND READING BY MAYOR PRO TEM RINDONE, reading of the text was
waived, passed and approved 4-0-1 with Nader absent.
7. ORDINANCE 2573 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE MUNICIPAL CODE REZONING 9.7 ACRES LOCATED BETWEEN PARK WAY, 'G* :s 1KEET,
FIFTH AVENDE, AND BROADWAY (second reading and adoption) - The purpose of the ongoing consistency
study is to resolve general plan/zoning inconsistencies within central Chula Vista. Staff recommends Council
place the ordinance on second reading and adoption. (Director of Planning)
8. RESOLIYFION 17274 RATIFYING AGREEMENT WITH THE COUNTY OF SAN DIEGO AND
ACCEPTING FUNDS FOR THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTI-IF~N HOME PORT
OF THE TALL SHIP CALIFORNIAN - The City's agreement with the Nautical Heritage Society to designate
Chula Vista Harbor as the Southern Home Port of the tall ship Californian requires that the City make a /)
$26,598 grant in Fiscal Year 1993/94 to the ship's organization. In consideration of the value of the ship .
as a shared community asset, the County has allocated $5,600 in its Community Enhancement Fund to
support the service. Staff recommends approval of the resolution. (Administration)
9. RESOLUTION 17275 ENDORSING THE CI1YS APPLICATION TO THE CALIFORNIA ENERGY
COMMISSION (CEC) IN RESPONSE TO THE CECS PROGRAM OPPORTUNITY NOTICE FOR PARTICIPATION
IN ITS COMPRESSED NATURAL GAS MEDIUM-DUTY VEHICI.R DEMONSTRATION PROGRAM - The State
Energy Commission has developed a demonstration program for compressed natural gas medium duty
vehicles. Staff is recommending that the City apply for participation in the program. The Energy
Commission requires a resolution from the Council endorsing the applicanfs proposal. Staff recommends
approval of the resolution. (Administration)
10. RESOLUTION 17276 /MopROVING AGR~-RMENT WITH THE CODN'I~ OF SAN DIEGO FOR THE
CONSTRUCTION OF ABRIDGE OVER THE OTAY R1VER ON OTAY VAH.R'Y ROAD AND ALrrHORIZING THE
MAYOR TO EXECDTE ON BEHALF OF THE CITY - The City is currently involved in the planning and
construction activities to widen Otay Valley Road in the segment between 1-80S freeway and the easterly City
limits southerly to Otay Rio subdivision. A portion of Otay Valley Road crossing Otay River was washed out
in January 1993. The agreement outlines the City's and County's responsibility in constructing a bridge.
Staff recommends approval of the resolution. (Director of Public Works)
Councilmember Fox stated the City was caught up in the federal governments massive bureaucracy which
was affecting the cost effectiveness of the entire project. He questioned what contact, if any, staff had with
local congressmen to make them aware of the situation and obtaining help in resolving it.
Clifford Swanson, Deputy Public Works Director/City Engineer, responded that staff did not work with the
congressmen's office. It was made quite clear to staff, at the FEMA level, that if the City wanted the money
that was what the City had to do.
Minutes
October 19, 1993
Page 3
Councilmember Moore felt the staff recommendation was the only way to go. A letter needed to be sent,
over the Mayor's signature, to all the congressmen for San Diego County. He felt there should be enough
authority to make changes to allow the local government to add funds to FEMA funds to make a project
better than it was instead of the same as it was.
MSC (Moore/Fox) to authorize the Mayor to send a letter to the local congressmen sUessing the fact that
local fun& should be able to be co-mingled with FE/MA funds in future disaster corrections. Approved 4-0-1
with Nader absenL
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
11. PUBLIC HEARING COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY ((3HAS) - The
National Affordable Housing Act of 1990 requires all jurisdictions applying for funding from the Deparunent
of Housing and Urban Development to submit a CHAS. The CHAS is a planning document which identifies
the city's housing needs and outlines a strategy to meet these needs. Staff recommends Council accept the
report. (Director of Community Development) Continued from the meeting of 10/12/93.
REPORT DESCRIBING THE COMPP, EHF. NSIVE HOUSING AFFORDABU/rY STRATEGY
This being the time and place as advertised, the public hearing was declared open.
David Gustafson, Assistant Director of Community Development, informed Council the public hearing was
a requirement of federal law. There would be a thirty day notice period until November 12th for public
input. Staff would then take all the information back to the Housing Advisory Commission with the final
version of the CHAS being brought back to Council for review.
Councilmember Horton stated one of the items identified was to preserve the Palomar Apartments and
Oxford Terrace Center complex, she questioned if there was a plan as to what was being proposed.
Mr. Gustarson responded that the two projects were HUD Section 236 projects and there was an opportunity
for the developer to buy out of the HUD loans which would make the units no longer in the qualified unit
category and subject to having a rent and income cap. It was important from staffs perspective to try to
sustain those units. There was now legislation that would allow the City to intervene and keep those units
in an affordable category. The City may have to participate in the purchase of the units from the existing
owners by issuing tax exempt financing to a non-profit entity.
Councilmember Horton stated that after review of the list and project prices the City may pay, it was her
opinion they were way over market value. She would not support or approve anything that came before
Council that was so out of line. If the City was planning to purchase the units, she would rather try to find
comparable projects within the City.
Councilmember Moore stated he agreed with Councilmember Horton that loan subsistence was probably the
way to go.
Mayor Pro Tem Rindone stated the Housing Priorities list was passed some time ago by the Council and
questioned when there would be a transition of responsibility to the Chula Vista Housing Authority.
Juan Arroyo, Housing Coordinator, responded that staff would be coming back to Council on December 1S
to give a full report as to what had transpired. It had been estimated that it would take approximately two
years for the Authority to assume all responsibilities.
Minutes
October 19, 1993
Page 4
Mayor Pro Tem Rindone questioned whether there was any success in negotiating or acquiring public
housing from the County.
Mr. Gustafson responded that staff had been negotiating with the County and to date there had been no
progress with their willingness to give the City some of the units that currently existed in Chula Vista.
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, felt the apartments should be left alone and
not purchased by the City. She expressed concern that if purchased by the City they would be torn down
and the area redeveloped.
Councilmember Horton informed Ms. Butler that the Council was not talking about tearing the apartments
down. She did not believe the City should pay twice as much for each unit as it was worth, the point was
to provide affordable housing.
Councilmember Moore stated the City had not purchased any multiple family housing and then mrn them
down. If the City did not take action they could not do anything in the future regarding the control of the
rents.
Mayor Pro Tem Rindone stated the public hearing would be continue for thirty days.
ORAL COMMUNICATIONS
· Da~ene D. Davis, 2912 Ingelow Street #4, San Diego, CA, informed Council she had written a report
regarding internal matters and problems with due process in MTDB regulating taxis within the City of San ')
Diego. A copy of her report was left with the City Clerk for Council review. She felt Chula Vista's MTDB
representative was one of the few on the Board that asked intelligent questions and that the Board would
be more effective if there were more like him.
· Russ Bamhill, 873 Lehigh Avenue, Chula Vista, CA, expressed concern regarding the Telegraph
Canyon Estates grading project. He felt it was an eyesore, would lower his property values, and was
concerned regarding erosion and runoff. He did not feel there was any way to protect his property or his
fence. He had been told that the water pipes had already been laid with approval from the Sweetwater
Authority. He requested that the grading project be reviewed.
Councilmember Fox stated the item was not agendized but felt there were concerns on the Council and
property owners in the neighborhood. He had read in the newspaper that there was also concern by the
developer, Baldwin. He would like to refer the item to staff for a response.
Councilmember Moore stated if staff had a brief answer as to how that was normally handled, when there
was a raw land development adjacent to a previously developed area, and what the checks and balances
were he wanted to hear it.
Clifford Swanson, Deputy Public Works Director/City Engineer, responded the engineering staff that checked
the subdivision plan was very aware of Mr. Barnhill's complaint. They worked with the developer to try and
lower the lots adjacent to that area but, as indicated, the Metropolitan Water Authority had given authority
to install the water line which precluded lowering the subdivision in that particular area. Staff had worked
with Baldwin to pull the actual slope as far away from the fence on his lot and had made sure that drainage
could get out with damaging the fences.
Sid Morris, Assistant City Manager, stated the project was not a finished project and felt staff could meet
with concerned property owners to inform them of what would be in place and of the protective measures
installed.
Minutes
October 19, 1993
Page 5
Councilmember Fox stated Mr. Barnhill had installed a drainage system on his property and was concerned
that the developer would utilize his system for drainage purposes.
Steve Griffin, Senior Planner, stated staff did include in the report for Item 14, the reference to the issue of
slopes. Baldwin had reviewed the issue and concluded that it would require major design of the project to
accommodate any lowering of the slopes.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
12.A. ORDINANCE 2574 AMENDING SECTIONS 5.54.010, 5.54.030, AND 5.54.050 OF THE
MUNICIPAL CODE AND ADDING A NEW SECTION 5.54.055, RELATING TO TAXICAB REGULATION AND
LICENSING (first readinE) - In the interest of improving the comprehensiveness of inspection services and
freeing up department staff time, staff initially investigated the merits of entering into an agreement with
Metropolitan Transit Development Board (MTDB) to regulate taxicabs. In lieu of that agreement, staff is
now proposing to make certain minor amendments to the Municipal Code regarding regulation of taxicabs
and to issue a Request For Qualifications (RFQ) to approve a list of vendors qualified to perform inspection
services. Staff recommends Council place the ordinance on first reading, approve the resolution, direct staff
to issue an RFQ for inspection services, and direct staff to bring back a report on regulation of other
paratransit vehicles, such as jitneys and non-emergency ambulances. (Police Chief)
B. RESOLUTION 17277 AMENDINGRESOLUTION10078WHICHSETSMAXIMUMTAXlCABFARES
IN THE CITY
P~ichard Emerson, Chief of Police, stated staff recommended the use of both MTDB's existing ordinance for
individuals that had already paid the fees and a system that did not take the companies to the costs that
many felt were exorbitant. Staff felt the ordinance took into consideration the cab companies and the safety
concerns of the residents. They would institute a garage inspection versus a physical inspection.
Mayor Pro Tem Rindone stated it was a critical issue ro the community and he was pleased that the
ordinance balanced the service of the cabs and other forms of paratransit and protecting the small cab
owners. The option did allow participation within the MTDB system. He felt there was a great reduction
of expenditures and still provided safety and security. He questioned how random verification of security
checks would done.
Chief Emerson responded that staff felt something could be implemented to work with the cab companies
that were not inspected by MTDB. Approximately 85% of the companies in Chula Vista were regulated by
MTDB and paid a fee to work on a regional basis.
Councilmember Fox stated safety was the number one concern and questioned if the statement on page 12-
12 of the staff report meant there would be increased safety over what there was currently but, did not
provide as many inspections as made by MTDB.
Chief Emerson responded that staff had been informed by MTDB that they had random inspections on a
fairly formalized basis but, upon looking at the issue over the last six months, staff found that was often a
guesstamation. Staff was not sure they were actually making the vwo random inspections per year for each
cab. They did one annual inspection and the City would be doing that also.
Minutes
October 19, 1993
Page 6
· Don Wallace, 512 Tamarack Court, Chula Vista, CA, representing Chula Vista Taxi, stated he was
pleased to see the staff recommendation but requested time to review the document and respond in writing.
He had received the document only one hour before the meeting and felt there were some things he had
difficulty with, not a great deal.
Councilmember Moore felt staff had worked with the owners for months. If Council trailed the item, and
Mr. Wallace met with staff and decisions could be reached, he would be willing to consider it. He had no
desire to continue the item. He questioned if there were other taxi owners present that had not been
contacted by staff (there was no response from the audience). It was time to solve the problem.
Mayor Pro Tem Rindone questioned what meetings had been held with the companies.
Gerald Young, Administrative Analyst I, responded that the last formal meeting had been in January. When
the proposal was forrealized, staff contacted all of the cab companies to let them know the staff report was
available and to discuss the recommendations with them. Staff was able to contact all but two of the
companies and Chula Vista Taxi was not one of those companies.
· Clint Harless, 288 Broadway, Chula Vista, CA, representing Clint & Conchira Taxi, stated his original
concern was that the annual inspections would only be held at MTDB. He had been informed by staff that
the inspections would be somewhere close and convenient. He was in full agreement that there needed to
be inspections.
Councilmember Moore questioned what the rational was for increasing the fare rate since the increase in
costs was less than MTDB. He also questioned if the anticipated $55 range for inspection included staff
overhead. \
d
Chief Emerson responded that the fare rates had not been adjusted for fourteen or fifteen years. Staff felt
it should come into compliance. Staff took the City's administrative overhead into consideration when
recommending the fee.
ORDINANCE 2574 PLACED ON FIRST READING AND RESOLUTION 17277 OFFERED BY MAYOR PRO TEM
RINDONE, reading of the text was waived, passed and approved 4-0-1 with Nader absent.
13.A. RESOLUTION 17278 AMENDING CERTAIN CONDITIONS OF RESOLUTION NUMBER 16960
APPROVING THE TENTATIVE SUBDM SION MAP FOR TRACT 93-03, TRI .RGRAPH CANYON ESTATES - On
1/19/93, Council approved the Tentative Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon
Estates. The first three final maps for said tentative map are now before Council for approval. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 17279 APpROVINGASUPPIZMF2~ALSUBDIVISIONIMPROVE1VENTAGRFAiMENT
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN ~lJ.Rr} CONDITIONS OF RESOLtFfION
NUMBER 16960 APPROVING A TENTATIVE SUBDIVISI ON MAP FOR T~.I .RGRAPH CANYON ESTATES, AND
ALrFHORIZING THE MAYOR TO EXECUTE SAME
C. RESOLUTION 17280 APPROVING FINAL MAP OF TRACT 93-03, TR! .RGRAPH CANYON ESTATES
NEIGHBORHOOD 1 UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP
AND THE EASFAVIEN'I~ GRANTFA) ON SAID MAP WITHIN SAID SUBDM SION, AND APPROVING
SUBDM SION IMPROVEMENT AGRRRMFAM~ FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGI~F. RMFMT
D. RESOLUTION 17281 APPROVING FINAL MAP OF TRACT 93-03, T~.I .RGRAPH CANYON ESTATES
NEIGHBORHOOD 2 UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC SliTS DEDICATED
Minutes
October 19, 1993
Page 7
ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP
AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING
SIJBDM SION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDM SION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
E. RESOLLrH ON 17282 /M°PROVING FINAL MAP OF TRACT 93-03, T~I .EGRAPH CANYON ESTATES
NEIGHBORHOOD 3 UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDMSION, AND APPROVING SUBDMSION IMPROVEMENT AGREEMF2qT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECLrFE
SAID AGREEMENT
F. RESOLUTION 17283 APPROVING THE INITIATION OF PROCEEDINGS FOR OPEN SPACE
DISTRICT NUMBER 31 {TRI.RGRAPH CANYON ESTATES}
Councilmember Hotton requested the item be continued until the City Attorney arrived.
Clifford Swanson, Deputy Director of Public Works/City Engineer, informed Council that the approval of the
subdivisions would not affect the closing of Gotham and Creek Wood Drive, or the area of grading.
City Attorney Boogaard stated Resolution B proposed to change the Supplemental Subdivision Improvement
Agreement which had been handed out at the meeting. The agreement put the non-infrastructure type of
duties of the developer in the Subdivision Improvement Agreement. The non-improvement duties were
moved to the Supplemental Subdivision Improvement Agreement and obligated the developer to perform all
the conditions of the Tentative Map that had not been performed as to todays date. The developer asked
forthe following three changes which he concurred in: 1) with regard to awetland easement, theywould
do it prior to Council's approval of the next Subdivision Map; 2) Condition 62, required the developer to
reach agreement on affordable housing before Council's approval of the Final Subdivision Map; and 3)
community purpose facility site, it would be the developers duty to provide the City with an adequately
planned and zoned alternate site acceptable to the City prior to Council's approval of the next Subdivision
Map.
Mayor Pro Tern Rindone questioned what the advantage would be if Condition 62 was tied to the fourth map
instead of the fifth.
City Attorney Boogaard stated it had been anticipated that affordable housing would be placed on the Otay
Ranch but, it had not yet annexed. After approval of the next map there would still be approximately 210
more units to secure 34 units of affordable housing. If the developer did not go along with the Affordable
Housing Agreement in a manner acceptable to Council, Council would not have to approve the fifth or
subsequent maps.
Councilmember Fox questioned if there was a security provision for affordable housing other than in the
agreement.
City Attorney Boogaard responded that when the City actually had the Affordable Housing Agreement staff
envisioned instruments such as liens against property. He had reserved fuI1 discretion for the Council to
accept it and if Council was not happy with it, it would not happen.
Councilmember Fox questioned whether the provision for an approximate site for a community purpose
facility had changed.
Tim O'Grady, representing Baldwin Company, stated the CPF site had been moved away or off-site at staff
and Council direction. It had always been assumed it would be provided in Phase I, or Village I, of the Otay
Minutes
October 19, 1993
Page 8
Ranch. Therefore, they had put language into the GDP document that obligated the developer to that
condition.
RESOLUTIONS 17278, 17279, 17280, 17281, 17282, AND 17283 OP'I'~RED BY COUNCILMEMBER MOORE,
reading of the text was waived, passed and approved 4-0-1 with Nader absent.
14. REPORT RECONSIDERATION OF EXTENDING GOTHAM STREET TO SERVE THE
TRI.RGRAPH CANYON FJCFF2qSION - As recently reported to Council, residents of the Gotham Street area
have raised serious objections to the extension of Gotham Street to serve the Telegraph Canyon Estates
Subdivision. They feel that the extension will increase traffic and reduce safety in their neighborhood. On
10/5/93, staff and a representative of the Baldwin Company, developers of Telegraph Canyon Estates, met
with 45 residents from the Gotham Street area to discuss their concerns. At that meeting, a petition
containing approximately 200 signatures was submitted. Staff recommends Council accept the report.
(Director of Planning)
Robert Leiter, Director of Planning, informed Council staff had meet on 10/5/93 with Baldwin and 45
residents of the College Estates area to address their concerns. At that time the residents presented a
petition with 200 signatures opposed to the extension of Gotham Street. The applicant had indicated a
willingness to cooperate in considering options to solve the neighborhood concerns. Any action to modify
or close one or more of the street openings would require a subsequent noticed public hearing. Staff
recommended Council schedule a public hearing on 11/16/93 to consider closing one or both of the streets
providing secondary access to Telegraph Canyon Estates and/or measures to reduce the speed on Gotham
Street with legal noticing to be provided to the property owners and residents within College Estates,
EastLake Shores, and the Otay Lodge Mobilehome Park.
Clifford Swanson, Deputy Public Works Director/City Engineer, stated if Gotham Street was closed there
would be no additional traffic and staff did not feel there was a speed problem. [n looking at possible
designs, staff did consider things that would include such items as a fence with a gate so the fire department
could gain access. The roadway would be put in under that circumstance but a future Council would face
the same opposition at opening that up.
Councilmember Moore stated if he lived there he would have the same concerns. If Gotham was punched
through, which was a logical extension of a City street, what would the repercussions be. If there were
repercussions, what would need to be done to solve them. If he was going to vote for a change it needed
to be a win/win situation.
· Tim O'Grady representing the Baldwin Company stated they felt all neighborhoods benefited if the
streets were put through and the circulation element was better. However, they did not want to take a
position and would work with staff on whatever decision was made.
Those speaking against the extension of Gotham Street due decrease in property values, increased traffic,
increased noise, increased air pollution, loss of quality of life and security, use of Gotham Street as a short
cut for the EastLake area, and safety concerns regarding additional traffic. Speakers felt the initial noticing
was nebulous to specific routes and the extension of Gotham Street.
· Edward R. Bancroft, 1976 Gotham Street, Chula Vista, CA
· Dr. R. E. Lacey-Parks, 1961 Gotham Street, Chula Vista, CA, read a letter from Mr. & Mrs. Ken Smith
at 1638 Gotham Street
· Douglas Parker, 1960 Gotham Street, Chula Vista, CA
· Gene Marcinkowski, 1975 Kent, Chula Vista, CA
· Jon Thornburg, 1901 Gotham Street, Chula Vista, CA
· Tom Liebst, 1979 Kent Street, Chula Vista, CA, passed when called
· Colleen Cotton, 1984 Gotham Street, Chula Vista, CA
Minutes
October 19, 1993
Page 9
· Gary Flannagan, 1944 Gotham Street, Chula Vista, CA
· John Hunt, 1972 Gotham Street, Chula Vista, CA
· Robert McCauly, 1987 Bucknell Street, Chula Vista, CA
· Peter D. Springer, 1667 Gotham Street, Chula Vista, CA
· Robin Leon, 1923 Gotham Street, Chula Vista, CA
· Colin Lockyer, 1965 Gotham Street, Chula Vista, CA
· Jeanne Wheeler, 2005 Gotham Street, Chula Vista, CA
· Sharon Vanderflague, 835 Stanford Court, Chula Vista, CA
Councilmember Fox questioned if the hill Mr. Tomburg felt provided a hazard for traffic was from Stanford
to Rutgers on Gotham. He felt the concern should be referred to staff.
Councilmember Moore questioned if the streets in Telegraph Estates were public or private.
Mr. Swanson responded they were public streets. The subdivider had proposed private but, staff had
recommended public due to problems with private streets. The main entrance in the original plan had a
gate.
Mr. Griffin stated when they proposed the private street system they showed the same connections but, had
a gate at one location. When a street was designed to end permanently it was a cul-de-sac so circulation
could get back out.
Councilmember Moore stated if there was a public hearing there would also be another group from Creek
Wood appearing. He felt it would be helpful if the residents would work with staff and Council and appoint
up to five speakers that could address the concerns.
MS (Moore/Horton) to set a public heating for November 16, 1993 regarding potential closures of Creek
Wood and Gotham streets.
Friendly Amendment: (Fox) to have staff provide alternatives for emergency access in the event Gotham and
Creek Wood were permanently dosed. Agreed to by the Maker and Second of the motion.
Councilmember Moore requested that an actual trial of fire engine response times from Gotham and Otay,
EastLake, and from east "H" Street be included in the report.
VOTE ON MOTION AS AMENDED: approved 4-0-1 with Nader absent.
Council recessed at 8:08 p.m. and reconvened at 8:20 p.m.
1S. REPORT LIPDATE ON SOLID WASTE ISSUES AND REQUEST FOR PROPOSAL (RFP)
PROCESS FOR ALTERNATIVE WASTE MANAGEMENT AND DISPOSAL OPTIONS - At the 9/21./93 meeting,
Council directed staff to proceed with an RFP for the procurement of solid waste management and disposal
options by determining and recommending appropriate consultant services and identifying funding sources.
Staff had reported on six informal letter proposals from qualified consultant firms. Staff has conducted
interviews with all six firms and proceeded with an evaluation and selection process which has resulted in
the recommendations contained in the report, including a revised scope of services for a Request for
Qualifications (RFQ) instead of an RFP. Staff recommends Council approve Resolution B and direct staff
to: a) continue to monitor results of the North County JPA proposals and any interest by neighboring cities
to join in a subsequent process to establish alternatives; and b) return by 12/21/93 with results of the RFQ
process and recommendations for continued development of alternatives. (Administration)
Minutes
October 19, 1993
Page 10
A. RESOLLrHON 17284-A ALrFHORIZING THE CITY MANAGER TO NEGOTIATE A CONSDLTANT
SERVICES CONTRACT NOT TO EXCF, F.D $17,000 FOR THE DEVELOPMENT OF A REQIJEST FOR
PROPOSALS (RFP) WITH BROWN, VENCE & ASSOCIATES AND APPROPRIATING FUNDS THEREFOR -
4/5th's vote required.
Or
B. RESOLUTION 17284-B AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONSULTANT
SERVICES CONTRACT NOT TO EXCEED $4,800 FOR THE DEVELOPMENT OF A REQUEST FOR
QUALIFICATIONS 0RFQ) WITH ECONOMICS AND APPROPRIATING FUNDS THEREFOR - 4/Sth's vote
require&
Stephanie Snyder, Principal Management Assistant, updated Council on the actions of the North County Joint
Powers Agency meeting held last week. They took action to accept five of the proposals and would put them
through an additional process. They would be holding interviews next week, which would be private
meetings, and hold a public meeting subsequent to that. At that time all of the cities would be invited to
discuss how they would make the information available to the Interim Solid Waste Commission.
Councilmember Fox stated that as things developed at the Interim Commission meeting there seemed to be
a growing consensus that $43 was unreasonable and it needed to be raised. There was a big danger in the
County that things would be falling apart with the solid waste issue, primarily due to the push to increase
the tipping fee. He had made an effort at the meeting to make a motion dealing with the issue of deferring
or eliminating the facility/host fee and mitigation fees but, because the item was not listed as an "Action"
item on the agenda, his motion had been ruled as out-of-order. The attempt to defer the mitigation and
facility fees was an amendment to the Solid Waste Agreement all the cities signed and any amendment
required unanimous consent from all member agencies. He informed the Commission that Chula Vista
would not support deferral of the facility or mitigation fees, as did Santee.
Mayor Pro Tem Rindone stated it was a serious issue. He was appalled that the Chairman of the Board of
Supervisors would advocate a position that would destroy the County system. The Commission was to be
an advisory commission to the Board of Supervisors and to have the Chairman tell them what to think was
incomprehensible. It was insulting to the integrity, professionalism, and intellect of the fifteen seated
members of the Commission. When he artended the next meeting he would inform them that the Council
would not accept the breakup of the County unless that particular member of the Board said "you're right,
we cannot make it, the County system is screwed up and could not handle the Interim Solid Waste
Commission and they would have to find an alternative". It was a twenty year boondoggle that was being
pressed upon the cities to join in. The focus was not the cost of the tipping fee but whether the County
system could be competitive and provide the service to haul the trash and dispose of it in a rate competitive
to the private sector. Council needed to move prudently and expeditiously to find a viable alternative and
he felt the only option would be to proceed with an RFP. It would send a message to the County.
RESOLUTION 17284-A OpFIjAhFA) BY MAYOR PRO TEM RINDONE, reading of the text was waived.
Councilmember Moore stated he would support the motion but wanted his comments incorporated as part
of the action. He felt the Interim Commission should tell staff that there would be a period of time where
they would not respond to staff and concentrate on governance. The best way to do that would be with a
2-3 day retreat. It reminded him that over two years ago SANDAG had a special meeting where two
members of each city, along with technical staff, met to come up with a definition of mitigation fees. An
example would be 1-805 and Otay Valley Road where it would cost the City $380,000 for the signalization
because it was so dangerous. Because there were so many like that, Caincans would not fund it. All the
cities in the Southbay and South County utilized the landfill and utilized that intersection and felt staff
should look back and get the appropriate date and time the meeting took place and use it as a base for
correspondence to get it on the Interim Commission agenda. The City needed the money to correct a serious
situation that was caused by trash from other cities and counties.
Minutes
October 19, 1993
Page 11
Councilmember Horton questioned the breakdown of the fiscal impact.
Ms. Snyder stated the RFP process would not exceed $17,000. The response from all cities, except E1 Cajon,
was thank you but they were not interested. The City of El Cajon took it to their Council and their position
was conservatively supportive. They were interested in knowing how the City was doing and keeping them
apprised of what was going on. Staff of lmperial Beach had indicated interest and would be taking the item
to their Council. Once Council decided what to do, staff would immediately negotiate a contract. During
that process staff would contact Imperial Beach to see if they had made a commitment. It was staffs
understanding that the City's portion would not exceed $4,800 for an RFQ or $17,000 for an RFP.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
ITEMS PUH.Rr~ FROM THE CONSENT CALENDAR
Items pulled: 5 and 6. The minutes will reflect the published agenda order.
OTHER BUSINESS
16. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Assistant City Manager Morris reminded Council that the next Joint
Meeting of the County Board of Supervisors and Council was on October 28th from 3:00 - 7:00 p.m. at the
City of Chula Vista.
Mayor Pro Tem Rindone requested that staff get a reading from the developer and the Board whether they
planned to actually go to 7:00 p.m. Council had been invited to participate in a Sister City project and
reception and had turned the invitation down due to the scheduled meeting. If that was not the case,
Councilmembers would be able to attend the reception.
17. MAYOR'S REPORT(S) - None
18. COUNCIL COMMENTS
Councilmember Moore:
· Councilmember Moore stated Council, with three votes, had put an ordinance on first reading in
order to have something in hand to change the yard waste fee from pay as used to a universal rate. He
missed the rational as to why that had been done and expressed concern that the second reading was done
without the item coming back to Council. He thought there would be an ordinance on the books ready to
go with the second reading held in abeyance. He questioned whether there was a time requirement between
first and second readings of an ordinance.
City Attorney Boogaard stated it was structured so the amendment could be done by a resolution of the
Council. The time delay was the gearing up for the new billing system and advance time to make sure when
it was set it would cover the proper costs. Staff felt they would need two to three weeks to evaluate the
request.
Councilmember Moore stated if he was the franchisee he would show that it did not work and get a
collection from everyone. He did not feel that anyone that did not generate yard waste should have to pay.
Minutes
October 19, 1993
Page 12
Mayor Pro Tem P~indone stated the rational was to reserve the City's legal right to have that as an option,
otherwise, the franchisee would have had to agree. Therefore, the City would have been held to the full
length of the agreement.
City Attorney Boogaard informed Council they would have to authorize the change over to the universal rate.
It could not happen without Council direction.
ADJOURNMENT
The City Council recessed at 9:21 p.m. and reconvened at 9:30 p.m. to meet in Closed Session to discuss:
City Attorney Boogaard requested that the potential litigation - Southbay Community Services vs. the City
of Chula Vista be removed from the Closed Session agenda as there was no longer a legal reason for it to
be discussed.
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers ONCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 10/12/93.
Potential litigation pursuant to Government Code Section 54956.9 - Schaffer vs. the City of Chula
Vista
Potential litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding tipping fee surcharge.
Potential litigation pursuant to Government Code Section 54956.9 - Southbay Community Services
vs. City of Chula Vista.
ADJOURNMENT AT 10:00 P.M. to a Special Meeting of the City Council on Wednesday, October 20, 1992
at 5:00 p.m. in the Council Conference Room, thence to the Cal Bio Summit 1993 Conference on Friday,
October 22, 1993 at 7:40 a.m. at the Hotel del Coronado, and thence to the Regular City Council Meeting
on Tuesday, October 26, 1993 at 6:00 p.m. in the City Council Chambers.
The Redevelopment Agency met at 9:22 p.m. and adjourned at 9:28 p.m..
Respectfully submitted,
BEVERLY A~ AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Depu~,Clerk