HomeMy WebLinkAboutcc min 1993/11/16 MINUTES OF A REGULAR MEEllNG OF THE t~'FY' COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, November 16, 1993 Council Chambers
6:02 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Holton, 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 ALI.RGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINIIFES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of office: Lee Wheeland - Cultural Arts Commission. Ms. Wheeland was swom in at the City
Clerk's office.
b. Recognition of Chula Vista Fire Fighters. Certificates of Appreciation were presented to: Battalion
Chief Jay Jarrold, Interim Battalion Chief Tom Layman, Fire Captain Teny Koeper, Interim Fire Captain Dave
Woolverton, Fire Engineer Darrell Relyea, Fire Engineer John McClintock, Firefighter Bernie Martinez,
Firefighter Greg Sedlacek, Firefighter Robert Halcon, and Firefighter Darrin Bean.
CONSENT CALENDAR
(Item pulled: 9)
BALANCE OF THE CONSENT CAI.I~.NDAR OFFERED BY COUNCILMEMBER RIgONE, reading of the text
was waived, passed and approved unanimously.
5. I/VRITI'EN COMMUNICATIONS:
a. Letter inviting the City to join the Urban CO2 Reduction Project - Jeb Brugmann, Secretary General,
International Council for Local Environmental Initiatives, City Hall, East Tower, 8th Floor, Toronto, Ontario
MSH 2N2, Canada. It is recommended that this request be referred to staff and the Environmental Resource
Manager for consideration in conjunction with the Comprehensive Energy Conservation and Air Quality
Improvement program which is being developed.
6. ORDINANCE 2581 AMENDING SECTION 2.52.050 OF THE MUNICIPAL CODE TO RESTORE
THE El.EVEN MONTH CONTRIBUTIONS RECEIPT PERIOD FOR COUNCIL AND MAYOR CANDIDATES
(urgency ordinance} - Section 2.52.050 (A) of the Municipal Code currently prohibits a candidate from
receiving a contribution sooner than January 1 of the year in which the election was held. Prior to the
recent Charter Amendment in 1992 that created the June primary and November runoff election scheme for
Council and Mayor elections, the elections were only held in November. By operation of Section 2.52.050
(A), candidates had eleven months within which to collect contributions. With the Charter Amendment
creating a June Primary and, if necessary, a November Runoff, the contribution collection period for the June
Primary was inadvertently shortened to approximately five months. Adoption of the ordinance will restore
the eleven month contribution period for all elections similar to the eleven month collection period that
Minutes
November 16, 1993
Page 2
previously existed. Staff recommends Council adopt the urgency ordinance. (City At'corney) 4/Sth's vote
required.
City Attorney Boogaard informed Council that no sitting member of the Council had a legal conflict of
interest.
7.A. RESOLUTION 17306 ACCEPTING GRANTS OF $205,000 FROM THE STATE OF CALIFORNIA~j
PETROLEUM VIOLATION ESCROW ACCOUNT AND $269,7S0 FROM VEHICLE REGISTRATION FUNDS AND
ESTABLISHING THE ENERGY CONSERVATION FUND - As part of the City's overall effort toward
development of a comprehensive energy conservation and air quality improvement program, and consistent
with the Mayor's Environmental Agenda of the 90's, the City applied for grant funding from two major
sources; the State of California's Pettoleum Violation Escrow Account Funds and the AB 2766 State Vehicle
Registration Funds, distributed by the local air pollution control districts. As a result, the City received a
total of $474,750 to implement seven energy conservation and transportation reduction programs. The
resolutions acknowledge receipt of the grants, establishes an Energy Conservation Fund, and appropriates
funds for one of the projects. Staff recommends approval of the resolutions. (Administration and Director
of Public Works)
B. RESOLUTION 17307 WAIVING THE COMPETITIVE BIDDING REQUIREMENT, AND
APPROPRIATING $20,000 UNDER THE ENERGY CONSERVATION FUND, TO BE REIMBURSED UPON
RECEIPT OF APPROPRIATE GRANT FUNDS, FOR THE PURCHASE OF TWO RI.~.CtKIC PARKING
ENFORCEMENT VEH]CLI~.S - 4/Sth's vote required.
8. REPORT APpOINTMENTOFMEMBERSTOTHEDESIGNREVIEWMANUALADHOC
ADVISORY COMMI'I'I'EE - On 9/14/93, Council directed staff to return with a list of names for appointment
to the Design Review Manual Ad Hoc Committee. A list of candidates representing a cross section of the
community with professional design background and/or experience in building and business permit
processing in San Diego County has been developed for consideration and appointment. Staff recommends
Council appoint the candidates listed in the report to the Design Review Manual Ad Hoc Advisory
Committee. (Director of Planning)
9. REPORT IMPLEMENTATION OF CITY COUNCIL POLICY ON IAND USE HEARING
NOTICES - In 1991, Council adopted a policy which established procedures for providing expanded public
hearing notices for certain types of land use actions. On two recent occasions, Council has raised questions
regarding whether the policy was being implemented appropriately. The purpose of the report is to provide
Council with a response as to how staff is currently implementing the policy. Staff recommends Council
accept the report. (Director of Planning) Pulled from the Consent Calendar.
Mayor Nader questioned if tenants were only notified if they had specifically requested notification.
Robert heiter, Director of Planning, stated that was the practice, the only other time tenants were notified
was in a particular case where they would be directly affected by action.
City Attorney Boogaard stated the item should be pulled as staff felt their interpretation of the policy was
consistent with the way the policy was articulated. If Council wished to change the policy to provide tenant
notice, regardless of their request, the policy would need to be changed.
Mayor Nader stated tenancy was a recognized property interest under California law and that it should be
looked at. The other question was whether staff felt they had discretion to go outside the radius described
where there was a foreseeable impact on a neighborhood.
Minutes
November 16, 1993
Page 3
Mr. Leiter responded that after reviewing the policy, that discretion appeared to apply to sites of greater than
five acres. Their practice had been on sites of less than five acres to increase the radius from 300 feet to
500 feet. Unless there was an expressed interest from the public, they normally did not expand it beyond
the 500 foot radius.
Mayor Nader pulled the item from the Consent Calendar.
City Attorney Boogaard stated he agreed with the statement that a significant impact on the tenancy interest
did need to receive notice under the due process clause, which could be at variance with the Government
Code section on how General Law cities and Chula Vista gave notice. The policy would need to be amended
if Council wanted to give notice to tenancy interest that did not have a significant impact by the project.
Mayor Nader stated it was obviously only when someone had an interest that could be impacted that there
could be a reason to give notice. He felt the law presumed that anyone within a certain distance would be
potentially impacted.
City Attorney Boogaard stated he and Mr. Leiter were prepared to review the language of the existing policy
and solicit Council's input on how they wanted it rewritten. In terms of notifying tenancy interest, what
would have to happen, assuming Council did not want them notified by name, but by occupant, a data base
would have to be created of apartment and mobile home units. There would be a one time cost to establish
that data base as the Assessors role did not show apartment units or mobile home numbers.
Councilmember Moore felt if the required 300 foot radius was noticed, management could be mailed notices
requesting they post it and the letter to the property owners there could also contain verbiage requesting
the property owner notify their tenants. He felt that would save staff work and taxpayers money.
Mayor Nader felt the item should be referred back to staff to see how the City could comply with the law
and achieve reasonable notice for tenancy and property owners. His other concern was with the apparent
rigidity of the radius used for a given type of project for notification. His intent when adopting the policy
was that it would have allowed staff the discretion where in their view it was clear that a wider area would
be impacted to notice that area. It appeared staff had some doubt as to whether they currently had that
discretion in the policy. He would like to see the policy corrected.
Mr. Leiter stated the way the policy was written, staff had that discretion to expand the radius beyond that
amount in a project greater than five acres. In cases of projects of five acres or less, the policy called for
a 500 foot radius and did not provide for expanding the radius beyond that point.
Mayor Nader stated he was looking for something that set a minimum notification, but beyond that staff
would not be tied in with too much rigidity. He did not want to require staff to do a wider notification, but
wanted to give them the ability to do so where it was appropriate. There needed to be flexibility in the
policy.
City Attorney Boogaard stated the language in the existing policy gave the Planning Director the discretion
to expand the noticing area to those people that had expressed an interest in receiving it or if he had a
special knowledge of a significan~y impacted group. He did not have a duty to go out and solicit interest.
Mayor Nader stated he was not required to but did have the authority. He questioned if Mr. Leiter was
comfortable with the interpretation of the policy.
Mr. Leiter responded that he was and that the discretion was in the policy.
MS {Nader/Fox) to refer the policy to staff to develop language for tenancy and other property interest that
would provide for appropriate nolification.
Minutes
November 16, 1993
Page 4
)
Councilmember Rindone stated staff could come up with alternatives instead of noticing all the addresses.
The onus should be placed on the property owner or manager.
Mayor Nader stated he expected the City Attorney to work with staff to develop the most cost effective legal
approach and in the case of an absentee landlord, notice would be given to the manager with the request
that it be posted or distributed. He suspected there were more cost effective ways of getting the mailing
lists.
Councilmember Moore felt everyone within 300 feet should be informed as per State law, but outside that
area management could be notified through the property owner.
VOTE ON MOTION: approved unanimously.
10. REPORT CHANGES TO CHULAVISTA TRANSIT (CV13 ROUTE 711 - The Sweetwater
Union High School District has requested changes in CVT service to EastLake High School for students and
for persons attending the adult school. Staff recommends Council approve the following changes to CVT
Route 711 effective 1/3/94: (1) Extend Route 711 to the intersection of EastLake Parkway and East 'H"
Street; and (2) Operate Route 711 as a loop circulator in the EastLake area between 7:30 p.m. and 9:30 p.m.
(Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND ~RI.ATED RESOLUTIONS AND ORDINANCES
11. PUBLIC HF. ARING GENERAL PLAN AMENDMENT GPA-92-03 AND GPA-93-04: REQUEST TO
AMEND THE GENERAL PLAN FOR THE 161 ACRE 'F/KS"II/~CE LAND SWAP* PORTION OF THE OTAY
RANCH PROJECT AND 74 ACRES IMMEDIATELY ADJACENT WITHIN THE EASTLAKE GDRRNS
COMMUNITY - APPLICANT IS EASTLAKE DEVELOPMENT COMPANY - The applicant is proposing to amend
the General Plan as part of the Otay Ranch Project for 161 acres located south and west of EastLake Greens
from Low-Medium Residential, Medium Residential, and Public/Quasi-Public to Low-Medium Residential,
Medium-High Residential, High Residential, Professional and Administrative, and Retail Commercial
designations. In addition, the applicant is also proposing, as a separate but companion request, an
amendment of 74 acres within the existing EastLake Greens community from Low-Medium Residential and
Public/Quasi-Public to Low-Medium Residential, Medium-High Residential, High Residential, and
Public/Quasi-Public designations. Staff recommends approval of the resolutions. (Director of Planning)
A. RESOLUTION 17308 RE(IR-I1P~flNG THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
0;PRIR 90-01) FOR THE OTAY RANCH PROJECT; AMENDING THE GENERAL PLAN OF THE I.a'lY FOR THE
161 ACRE EASTLAKE LAND SWAP; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE
CALIFORNIA ENVIRONMF24TAL QUALITY ACT; READOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM; READOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
B. RESOLUTION 17309 AMENDING THE GENERAL PLAN FOR 74 ACRES LOCATED WITHIN THE
~ GJIF. F. NS COMMUNITY, SOUTH OF EASTLAKE HIGH SCHOOL AND ON BOTH SIDES OF THE
EXTENSION OF FASTLAKE PARKWAY
This being the time and place as advertised, the public hearing was declared open.
MSUC (Fox/Horton) to continue the public hearing to December 7, 1993 as per the request of the applieant.
The letters submitted to Council are to be included in the agenda packet for the 12/7/93 meeting.
Minutes
November 16, 1993
Page 5
12. PUBLIC HEARING CONSIDERATION OF AMENDM TO TRI.RGRAPH CANYON ESTATES
SECTIONAL PLANNING AREA PLAN (PCM-91-07) AND TENTATIVE SUBDM SION MAP (PCS-93-03) TO
CLOSE ONE OR BOTH PUBLIC S1RF~TS - GOTHAM SrREET AND CDR~K'WOOD WAY - WHICH PROVIDE
SECONDARY ACCESS TO THE PRO~ECT; CITY INITIATED - On 10/19/93, Council directed staff to set a
public hearing to consider closing Gotham Street and/or Creekwood Way which provides secondary access
to the Telegraph Canyon Estates Subdivision. The direction came as a result of concerns on the part of
residents that extending Gotham Street to serve Telegraph Canyon Estates would increase traffic and safety
hazards in their neighborhood. Staff recommends Council: (1) Not modify the subdivision conditions and
leave both Gotham Street and Creekwood Way open, or alternatively; (2) Choose whether or not to modify
one or both street connections. The resolution is for Council approval if the decision is made to close only
Gotham Street to all but emergency and pedestrian access. If any other modification is made, staff should
be directed to return with the appropriate implementing resolution for a later meeting. (Director of Planning
and Director of Public Works) Continued from the meeting of 10/19/93.
RESOLUTION 17310 AMENDING THE TR.I .RGRAPH CANYON ESTATES SECTIONAL PLANNING
AREA PLAN (PCM-91-7) AND TENTATIVE SUBDIVISION MAP [PCS-93-3) BY CLOSING GOTHAM :,'I'REET
TO THROUGH TRAFFIC AND PROVIDING FOR EMERGENCY AND PEDEb'I'RIAN AC(F_SS
Councilmember Fox questioned if staff had contact with any of the homeowners concerned and what
noticing had been done. He further questioned if the Baldwin Company had changed their position.
Clifford Swanson, Deputy Public Works Director/City Engineer, responded that staff had been in contact with
Mrs. Barnhill regarding the grading issue and there could have been other contacts regarding questions, but
he was not aware of them. Staff had several discussions with the Baldwin Company and their position had
not changed.
Steve Griffin, Senior Planner, stated they noticed 1,000 feet past the project boundaries and additional areas
that could be impacted by the closures. They also notified all of the residents in Otay Lakes Lodge. The
notice had addressed both streets.
This being the time and place as advertised, the public hearing was declared closed.
Those speaking in support of closing Gotham Street due to potential crime; increased traffic; safety due to
the width of the street, grade, curves, and line of sight; destruction of quality of life; and potential of future
Councils opening the street if it was not permanently closed:
· Jeanne Wheeler, 2005 Gotham Street, Chula Vista, CA 91913
· Kelly Besker, 1856 Gotham Street, Chula Vista, CA 91913
· Robert Sanchez, Jr., 1928 Gotham Street, Chula Vista, CA 91913
· Douglas E. Parker, 1960 Gotham Street, Chula Vista, CA 91913
· Jon Thomburg, 1901 Gotham Street, Chula Vista, CA 91913
· Robin Leon, 1923 Gotham Street, Chula Vista, CA 91913
· Linda A. Shejbal, 1954 Bucknell Street, Chula Vista, CA 91913
· Robert L. McCauley, 1987 Bucknell Street, Chula Vista, CA 91913
· Gene Marcinkowski, 1975 Kent Street, Chula Vista, CA,
· John Hunt, 1972 Gotham Street, Chula Vista, CA 91913, felt there would have been more opposition
at the beginning if the original notices had specifics what streets were being considered for
closure. He did not feel the 1,000 foot notice was sufficient and that everyone on Gotham,
all the way from Rutgers to Otay Lakes Road, should have been notified.
Those speaking in opposition to the closure of Gotham Street due to traffic being pushed to other streets
and congestion were:
· William Lieberman, 852 Blackwood Road, Chula Vista, CA 91910
Minutes
November 16, 1993
Page 6
Councilmember Fox questioned if the water company easement couid be utilized as an emergency vehicle
aCCeSS.
Mr. Swanson responded that the terrain and the grading of the site would prevent the actual waterline
location from being used as a street. They would still have access to any point in the line, but it would not
be sufficient for road purposes. It would have grades and slopes in the area and would be adjacent to lots.
City Manager Goss stated the Fire Chief had stated that the lack of paving and grading would prevent the
fire trucks from using it.
· Russ Barnhill, 873 Lehigh Avenue, Chula Vista, CA, stated he was not speaking to the
closure of Gotham Street, but to the project that abutted Lehigh Avenue on the west side of that project.
He had been at the last Council meeting and had stated that "drainage could come down' onto his property.
He felt the project would decrease his properly values and was concerned regarding drainage. Staff had not
talked to him in detail as to what would be done. He also spoke on behalf of Mr. Gueiterrez, his neighbor,
who was also against the project. He expressed concern regarding the different standards between EastLake
Shores and those on Lehigh regarding grading in order to preserve views.
Mayor Nader questioned if Mr. Barnhill had been notified when the Telegraph Canyon Estates map came
before Council.
Mr. Barnhill stated he could not recall.
Councilmember Fox requested clarification to Mr. Barnhill's comment that they had been treated differently.
Mr. Griffin responded that the EastLake homes had existing views due to the lay of the land and they were
protected by grading and height of the homes on the northerly edge of the property. The homes along
Lehigh had an existing slope on the property which interfered with views so it would have been a matter
of creating views that did not previously exist, therefore, the circumstances were very different.
Councilmember Moore questioned whether Mr. Barnhill's concerns were related to the closure of Gotham
Street and if not, it was not agendized.
City Attorney Boogaard stated it was out of order.
Councilmember Horton felt most of the Council was leaning toward closure of Gotham, but questioned what
staff advice would be due to safety.
Mr. Swanson responded that under the condition that the streets would be closed in some form, it would
be staffs recommendation that both streets be closed except for emergency traffic. Staff proposed a low
chain-link gate with proper signs and reflectors to allow emergency access.
Councilmember Fox stated Council had directed staff to look at alternatives for access should Gotham be
permanently closed. He questioned what staff had discovered.
Mr. Swanson stated staff looked at other alternatives, but without major design of the Telegraph Canyon
Estates subdivision they could not get other access into that area. Other alternatives were not found due
to the terrain.
There being no further public testimony, the public hearing was declared closed.
Councilmember Fox felt the confusion on the part of the neighborhood and Council was the noticing and
Council intended to correct that problem. He would vote for the permanent closure of Gotham as he would
not destroy their quality of life.
Minutes
November 16, 1993
Page 7
MS (Fox/Hor~on) to permanently dose Gotham to vehicle and emergency access and keep Creekwood open.
Councilmember Moore felt staff should find out what school the children from Telegraph Canyon Estates
would attend before taking action on Creekwood. If the children did not attend EastLake Elementary the
traffic issue was null and void. If the streets were closed there should be emergency access. Accidents did
not happen very often, but when they did there needed to be access. He had a problem with lengthy
residential streets due to the safety problems and could support not punching through Gotham permanently.
Safety was a major consideration.
Councilmember Rindone stated he could support the motion because the road was not designed as a
collector road. The neighborhood had existed as a cul-de-sac and it was Council's responsibility to honor
and preserve that. Because Creekwood was designed without a significant number of homes it could handle
the traffic.
Mayor Nader stated the hearing demonstrated that Council made better decisions when the public was
involved. He would support the motion on the floor, but hoped that those involved in the issue would look
into forming a neighborhood planning group or consider applying for one of the City's boards/commissions.
VOTE ON MOTION: approved 4-1 with Moore opposed.
Councilmember Moore stated he voted against the motion as he felt there should be emergency access on
both streets and Creekwood should not be kept open until it was known what school the children would
go to. He questioned if Baldwin would be responsible for cul-de-sacing Gotham.
Mr. Swanson responded that Baldwin would cul-de-sac within their subdivision only. They did not feel they
should be required to do off-site improvements of that nature.
Mayor Nader stated the motion passed was a motion to mend Resolution 17310.
RESOLUTION 17310, AS AMENDED, Olq'legED BY MAYOR NADEI~ reading of the text was waived.
City Attorney Boogaard responded that the resolution title could be amended to read "to through traffic
including emergency and pedestrian access'. He questioned if Exhibit B was still adequate.
Mr. Swanson responded that it was not as it showed both pedestrian and emergency access.
City Attorney Boogaard recommended that Section 5 be amended to read 'closed to all through ttaffic
including emergency and pedestrian access"; strike "in accordance with Exhibit B'; and direct the City
Engineer to return to Council with a street design for permanent closure for Council approval.
MS {Nader/Fox) direct staff to incorporate the verbiage passed in the previous motion into the resolution
and bring back to Council for approval.
Councilmember Moore felt the verbiage should be included in the motion in order to protect everyone's
ConceFns.
VOTE ON MOTION: appreved 4-1 with Moore opposed.
Council recessed at 7:44 p.m. and reconvened at 8:00 p.m.
Minutes
November 16, 1993
Page 8
13. PUBLIC HEARING CONSIDERING ESTABLISHING A FEE RECOVERY DISTRICT FOR OTAY
VP.I.LE'Y ROAD - On 6/23/92, Council approved the formation of Assessment District Number 9072 to
improve Otay Valley Road. In conjunction, the district staff recommended and Council approved that a fee
recovery district be established to recover money from property owners who develop their property to a
greater degree in the future than outlined by the Assessment District. On 9/28/93, Council set the public
heating date for 11/9/93. The hearing was continued to 11/16/93 at staft's request. Staff recommends
approval of the resolution. (Director of Public Works) Continued from the meeting of 11/9/93.
RESOLUTION17311 ESTABLISHING A FEE RECOVERY DISTRICT FOR OTAY VAIJ.RY ROAD
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the purpose of the hearing was to
take testimony on the proposed formation of a fee recovery district for Otay Valley Road. Assessment District
90-2 was previously established to provide revenue for the improvement of Otay Valley Road. During the
formation of the district some of the property owners expressed concern that some property may have a
change in use that would create more use and therefore should pay a higher fee. In response, the City
committed to look at a fee recovery district. The ordinance exempted City owned property from the fee
recovery district as the City had contributed between $4.S and $S million towards the project which
substantially lowered the assessments. The Engineering Division had not received any formal protests and
received one letter of support. As part of the public hearing, Council could receive protests by some or all
of the property owners. Staff was there to tally the protests, a majority protest would require that the
proceeding be abandoned. The protest was based on land area, therefore, staff requested that any individual
lodging a protest do so by giving their name, address of their property, and, if possible, the assessment
parcel number of their land. He asked the City Clerk if she had received any formal protests.
City Clerk Authelet indicated that she had not.
City Attorney Boogaard passed out a revised resolution. The most significant change was that there was a
limitation on the use of the proceeds of the charge for administrative fees. It was not to exceed $25,000
over the life of the fee, the life of the fee was co-extensive with the life of the assessment district bonds, i.e.
twenty years. That was instituted at the request of some of the property owners.
This being the time and place as advertised, the public hearing was declared open.
· William Schwartz, 401 B Street, #11S0, San Diego, CA, legal counsel for Ecology Auto Wrecking,
parcels 72 and 73 in the assessment district, stated if Council approved the revised resolution they would
have no objection to proceeding.
· Charles L. Deem, 401 B Street, San Diego, CA, legal counsel for Atomic Investments, Inc., Pacific Bell
parcel, 490 Otay Valley Road, Assessor Parcel 624-060-45, Parcel 5 in the assessment district, stated Atomic
Investments opposed the proposed fee recovery district and protested its formation for the same reasons they
opposed the special assessment district established. Parcel 5 was unique, it was not in the redevelopment
area and was developed approximately twenty years ago. At that time, Atomic Investments was required
to make certain changes and improvements including widening of Otay Valley Road to its current two lanes
at that location. When Council approved the special assessment district the determination was made that
the City would have the property owners pay for two lanes and the City would pay for any additional lanes.
Atomic Investments felt they paid for their two lanes and made those improvements required in 1973 with
1973 dollars. The properly was currently being used by Pacific Bell and their average daily trips were
grandfathered as long as the use stayed industrial. He did not know what Pacific Bell's current ADTs were
and felt they could be more than the current 200 ADT's. As Atomic had made the improvements they should
be exempt from any additional fees under any fee recovery district or under the special assessment district
and therefore, they were in protest.
City Attorney Boogaard stated there was a provision in the resolution that as long as it remained industrial
it was presumed to stay at 200 ADT's.
Minutes
November 16, 1993
Page 9
Mr. Deem responded that he understood as did the owner.
· Leonard E. Teyssier. 3200 B4-2 Highland Avenue, National City, CA, representing Atomic
Investments, Inc., stated he confirmed the information presented by Mr. Deem.
There being no further public testimony, the public hearing was declared closed.
City Attorney Boogaard questioned what the number of acres were in protest.
Mr. Swanson responded that it was 5.22 acres out of 831 acres.
RESOLUTION 17311, AS REVISED, Op'I,'IaRED BY COUNCILMEMBER FOX, reading of the text was waived,
passed and approved unanimously.
ORAL COMMUNICATIONS
· Carolyn Butler, 97 Bishop Street, Chula Vista, CA, informed Council that she had not received
information previously requested regarding the work being done by SDG&E on their easement.
Mayor Nader requested that staff provide an information packet to Mrs. Butler.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
14. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given
by staff.
Deputy City Manager Krempl stated the RFP was on schedule. A rough draft would be given to Council on
12/7 at which time staff would have some policy questions for Council direction. The RFP would be issued
on 12/15 with the pre-bid conference on 12/20. Council would be provided with an update on 12/21. The
Interim Solid Waste Commission would be meeting on Thursday and the issues would be the budget, tipping
fees, the interim agreement, mitigation and host fees. A letter had been submitted by the Mayor of Carlsbad
asking that the final 50% of the trash commitment by 12/1/93 be discussed by the Commission and that
the 50% surcharge be removed from consideration regarding that item. Because of the potential implications
of that action on the City's lawsuit, staff requested Council give emergency authorization for Closed Session
to consider the letter and how the City should respond.
MSUC (Pdndone/Nader) to call for a dosed session to discuss the letter and the impact on the Cit~fs lawsuit.
ITEMS pLn.I.RI~ FROM THE CONSENT CAI.~NDAR
Items pulled: 9. The minutes will reflect the published agenda order.
OTHER BUSINESS
15. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. No discussion held.
Minutes
November 16, 1993
Page 10
)
b. Potential closure of Third Avenue between "H" and "I" Streets on 11/20/93. City Manager Goss
stated the City had been approached by the local radio station KURS and informed they would be celebrating
their first anniversary on Saturday at their facility. They requested the closure of Third Avenue on Saturday
from 9:00 a.m. to 4:00 p.m. The City had done that before, but had not done so for a single business. It
was to be a multi-media event and they anticipated between 3,000 to S,000 people and there would be a
significant crowd problem unless they had the ability to utilize the street for that purpose. There were
conditions that needed to be met, i.e. liability insurance, crowd control, clean-up, noise mitigation, etc. He
had directed staff to proceed.
Councilmember Moore stated he had heard people complain of the flashing red lights on the sign at a major
intersection. He had been told they probably used different lights to make it brighter.
Councilmember Horton felt the size of the sign should be reviewed, she was surprised at how large it was.
Chris Salomone, Director of Community Development, stated when the sign was permitted it was conditioned
on content and material use. Staff would review it as to the flashing lights as it was something the City
could control. Staff would bring back an info item.
Councilmember Rindone stated he was under the impression they would be flashing the date and
temperature. It was done occasionally, but it was very infrequent.
MSUC (Nader/Fox) to approve the temporary dostire of Third Street, between *H* Street and 'I'
Street, on 11/20/93 from 9:00 a.m. to 4:00 p.m. subject to staff conditions.
c. Approval of delegation to attend Helen Putnam award ceremony on 11/18/93 in Sacramento. City
Manager Goss informed Council the City had received two awards of excellence. The official presentation
of the awards would be on Thursday at the State Capital in the Govemor's Conference Room. They had
been advised that due to space available each City was asked to send a delegation of only three people. Staff
recommended the Mayor attend along with a citizen, Kay Dennison, and a staff person, someone involved
with the Otay Ranch project. He felt there was money available in the appropriate budgets to cover the
costs.
MS {Horton/Rindone) to send three people to represent the City at the awards presentation in Sacramento.
Councilmember Moore stated he had a problem with sending a delegation. He preferred to send one
representative and then have something officially done to recognize those involved locally.
Councilmember Horton questioned if Councilmember Moore was recommending that the Mayor attend as
the City representative and then use the extra money to have a reception for the participants.
Councilmember Moore stated the City did not necessarily need to spend all the money. He felt one person
was sufficient.
SUBb'H'IL1TE. MOT/ON: (Rindone/Horton) to send the Mayor and the citizen designee. Approved
unanimously.
16. MAYOR'S REPORT{S)
a. Ratification of appointment:
Economic Development Commission Ex-Officio - Carolyn McGraw;
International Friendship Commission - Mildred N. Knodt;
International Friendship Commission - Gerald W. McDonald;
Human Relations Commission - Ronald D. Morton.
MSUC {Nader/Moore) to Fatfly the appointments as presented.
Minutes
November 16, 1993
Page 11
b. Extension agreement for withdrawal from Special Act District. Mayor Nader stated he had asked
that a copy of the agreement be included in the packet for Council review and that had not been done,
therefore, he recommended the item be continued for one week. The Board had approved the draft
unanimously, but to take effect legally it had to be ratified by each member agency.
c. Food concession at City Hall. Mayor Nader stated a food concession was inspired by the filming that
had been done at City Hall. During that time there was outdoor seating for food service set up on the
grounds and he had received comments from employees that it was a nice amenity and questioned if it could
be a permanent feature of City Hall. It was also a way to extract revenues for the use of City grounds.
MSUC (Nader/Horton} to refer to staff for a report on the pro's and con's of providing a food concession at
City Hall for the convenience of employees and for potential revenue to the City. It was to be at sl~iffs
convenience to bring the report back to Council with a recommendation.
17. COUNCIL COMMENTS
Councilmember Moore
· Councilmember Moore stated staff had received an allocation of funds for a telecommuting center
and he had been working with the Environmental Resource Manager. He was very enthused with the caliber
of people on the task force.
Mayor Nader commended Councilmember Moore for working with staff and providing input that would help
to make the program a success. It was an exciting and innovative program for the City.
Councilmember Rindone
· Joint venture with Fine Arts Center at EastLake High School Campus. Councilmember Rindone
stated that during the budget presentations the City Manager had talked about the continued development
of partnerships. He wanted staff to look at the potential of another partnership with the fine arts center at
EastLake High School. The facility would be much larger than Mayan Hall at Southwestern College and
would be a step toward improving cultural arts, performing arts, and the fine arts in the City. It would also
enhance the City's ability to eventually encourage community support of the cultural arts center on the
bayfront.
MS 01jndone/lqader) to refer the potential partnership between the City and EastLake High School fine arts
center to staff for a report back to Council.
Mayor Nader questioned if Councilmember Rindone would accept a friendly amendment to also refer the
item to the Cultural Arts Commission. Amendment agreed to by the Maker of the Motion,
· Bonnie Johnston, 1424 Myrtle Avenue #1, San Diego, CA, Artistic Director of Kellogg Performing
and Visual Arts Magnet School, spoke in support of the motion.
· Carlos Pelayo, 244 E. Naples Street, Chula Vista, CA, member of the Cultural Arts Commission, spoke
as a private citizen supporting the motion.
VOTE ON MOTION: approved unanimously.
b. City employees/vehicle reporting of graffiti. Councilmember Rindone stated he had been contacted
by a member of the community regarding a request she had submitted regarding the reporting of graffiti
by City employees during the course of the work day.
David Byers, Deputy Public Works Director/Operations, stated that in June or July, Council had requested
that staff institute such a program and it had been done. Most City vehicles, except for safety and large
Minutes
November 16, 1993
Page 12
vehicles, had forms in them. Supervisors in Public Works, Parks and Recreation, Building and Housing,
enforcement officers, and Public Works inspectors had the forms in their vehicles. Pads of forms had also
been given to the various radio base stations so those vehicles that did not have pads could call in.
Councilmember Rindone stated the person expressed frustration that she had been reporting a lot of graffiti
and the response had not addressed the areas where graffiti had been identified. He requested that staff
contact her and let her know what policy was in place and follow-up on the graffiti she had reported.
Mayor Nader stated staff had already contacted the person and he had talked to her after that. What was
communicated to him was that staff felt the concerns expressed by the citizen were in the process of being
addressed. She indicated she would continue to patrol for the next few weeks to see if she noticed a
difference, and if not, she would contact the Council for follow-up steps. Part of the problem could be
enforcement on private property. Council had adopted an ordinance that would allow easier enforcement
of graffiti eradication and staff needed to make sure there was an effective process in place.
Councilmember Horton stated she had been contacted by a business owner on Third Avenue, between "E"
Street and ~F" Street, regarding graffiti and glass etching. She felt staff should look at some type of
surveillance equipment and report back to Council on costs and alternatives.
Mayor Nader suggested that staff, in developing next year's legislative program, include a program requiting
a minimum number of hours for graffiti eradication by the offender or let the local authority set the
minimum.
ADJOURNMENT
The City Council recessed at 9:04 p.m. and reconvened in closed session at 9:20 p.m. to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 11/9/93.
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 - EPA vs. the City of San Diego,
Chula Vista amicus party discussion, instructions to attorneys.
Potential litigation pursuant to Government Code Section 54956.9 - Schaefer vs. the City of Chula
Vista.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. San Diego
Palm Plaza Project.
ADJOURNMENT AT 10:20 P.M. to the Regular City Council Meeting on November 23, 1993 at 6:00 p.m.
in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 9:04 p.m. and adjourned
at 10:20 p.m.
Respectfully submitred,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki C. Soderqui~, Depu~ city ~lerk