HomeMy WebLinkAboutcc min 1995/04/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, April 25, 1995 Council Chambers
6:08 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Moot, Padilia, Rindone, and Mayor Horton
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF M1NUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: David Hirsch - Cultural Arts Commission. The Oath of Office was given by City Clerk
Authelet to David Hirsch.
b. Proclaiming Tuesday, April 25, 1995 as "National Youth Services Day." Mayor Pro Tem Rindone
presented the proclamation to Ty Meservy, Chairman of the Chula Vista Youth Commission, and Maki Bennett,
Youth of the Year, L Street Center; Benito Hernandez, Youth of the Year, Oleander Center; and Empress Butler.
c. Proclaiming the week of April 16 through April 22, 1995 as "Medical Laboratory Week."
d. Certificate and proclamation honoring and thanking Yazmin Arquiza, Asia Foundation
Environmental Fellow, who has successfully completed and participated in the first Professional Exchange
conducted by the City, dedicating t~vo months of fulltime employment on the City's CO2 Reduction Education
project. Ms. Arquiza is from Palawan, Philippines. The Environmental Fellowship Program provides senior level
Asian, Pacific Island and American professionals with practical work experiences to expand their understanding of
environmental problems and solutions. The presentation was made by Terry Thomas representing the International
Friendship Commission.
e. Proclaiming 1995 as the "Year of the Veteran." Mayor Pro Tem Rindone presented the proclamation
to Bob McCauley, Chairman of the Chula Vista Veterans Advisory Commission and Bill Ayers, Vice-Chairman
of the Board of Supervisors Veterans Advisory Council.
f. Proclaiming the week of April 23 through April 29, 1995 as "National Volunteer Week." The
proclamation was presented by Mayor Pro Tem Rindone to Doris Girton, Volunteer at Norman Park Senior Center,
Fred Hlawatsch and Marie Meier, Volunteers at Chula Vista Nature Center, and Frank Scott and Ellen Smith,
Volunteers for the Chula Vista Literacy Team.
g. Proclaiming the Week of April 23 through April 29, 1995 as "Boys & Girls Club Week". The
proclamation was presented by Mayor Pro Tem Rindone to Maki Bennett, Youth of the Year, L Street Center;
Benito Hernandez, Youth of the Year, Oleander Center; and Empress Butler.
Councilmember Moot stated as a member of the Board of Directors fbr the Boys & Girls Club of Chula Vista it
was especially nice to have the proclamation. He noted the Club was in its most difficult economic times in recent
history.
! I
Minutes
April 25, 1995
Page 2
CONSENT CALENDAR
(Items pulled: none)
CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived,
passed and approved unanimously with Councilmember Moot abstaining on Item 5c.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken from the
Closed Session of 4/18/95. It is recommended that the letter be received and filed.
b. Letter requesting Council eliminate the Chula Vista Aquatic Association's debt in the mount of
$3,395.75 for use of City facilities and allow them to continue their operations on a clean slate. Anne Taylor,
President, Board of Directors, Chula Vista Aquatic Association, P. O. Box 272, Chula Vista, CA 91912. It is
recommended that Council rel~r this item to staff for evaluation and recommendation.
c. Letter requesting Council place nn the 5/2/95 agenda clarification and direction relative to complying
with the requirement to fund the relocation of Fire Station Number 4 to a site given to the City in SPA I of
Rancho del Rey. Kenneth S. Baumgartner, Executive Vice President, McMillin Project Services, Inc., 2727
Hoover Avenue, National City, CA. It is recommended that this report be placed on the 5/16/95 Council agenda.
Councilmember Moot stated he would abstain from voting on the item because of his firms representation of
McMillin.
6. RESOLUTION 17872 GRANTING THE 1995 RICHARD WELSH MEMORIAL AWARD TO THE
SOUTH CHULA VISTA LIBRARY LOCATED AT 389 ORANGE AVENUE - The South Chula Vista Library
is nominated ,br special recognition by being nominated for The Richard Welsh Memorial Award. The award is
in memory of Richard Welsh. a long-time resident of the City and former member of the Design Review
Committee. Staff recommends approval of the resolution. (Director of Planning)
Councilmember Rindone questioned who the Council representative was on the review committee.
Councilmember Padilta stated he represented the Conncil on the cormmttee.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
7. PUBLIC HEARING CONSIDERING AN INCREASE TO THE ORIGINATION CHARGE FOR
USE OF ASSESSMENT DISTRICT FINANCING - In October 1990, Council established an origination charge
of one percent for use of developer initiated assessment district financing. As part of the overall revenue plan for
the City, the public hearing is to consider increasing the origination charge applicable for use of assessment district
financing. Staff is also recommending other changes to the policy on assessment district financing. Staff
recommends approval of the resolution. (Director of Public Works)
RESOLUTION 17873 ADOPTING CHANGES TO COUNCIL POLICY NUMBER 505-02 ON
ASSESSMENT DISTRICT PROCEEDINGS TO INCLUDE AN INCREASE IN THE ORIGINATION
CHARGE AND OTHER MINOR CHANGES
John Lippitt, Director of Public Works, stated staff had received a request from the Baldwin Company to continue
the item so they would have more time to work with staff on the issue. The reason it was on the agenda was
because of its relationship to Item 8 which was an assessment district hearing. Staff had also received a letter from
Minutes
April 25, 1995
Page 3
the EastLake Development Company agreeing to the continuance and to pay whatever amount the Council would
finally consider, if they were going to raise the fee at all. It could come out of their bond proceeds if they did not
pay so there was some security. Staff did not object to a continuance to an indefinite time.
This being the time and place as advertised, the public hearing was declared open.
® Bruce Sloan, 900 Lane Avenue, Suite 100, Chula Vista, CA, representing EastLake Development
Company, provided Council with a letter that had been submitted to staff approximately one year ago when the issue
first surfaced. He requested that the points addressed in the letter be discussed and considered when the hearing
was continued.
Councilmember Rindone questioned if EastLake Assessment District 94-1 was the only pipeline project proposed
to be exempted from the new City assessment district financing four tiered system.
Mr. Lippitt replied that it was the only pipeline project currently in process.
Councilmember Rindone stated if there was a delay in bringing back the item that the report should indicate whether
that situation had changed.
MSUC (Horton/Rindone) to continue the public hearing to an indefinite date.
8. PUBLIC HEARING FORMATION OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE
GREENS II) - On 5/10/94, Council appruved the Acquisition/Financing agreement for Assessment District Number
94-1. On 2/28/95, Council adopted the Resolution of Intention to order the acquisition and financing of certain
infrastructure serving the EastLake Greens II properties pursuant to the Municipal Improvement Act of 1913. On
the same date, Council adopted the resolution giving preliminary approval to the Engineer's Report for Assessment
District Number 94-1 (EastLake Greens II) and setting public hearings for 4/4/95 and 4/18/95 for the purpose of
hearing public testimony. The first public hearing was held on 4/4/95. The second public hearing was opened on
4/18/95 and continued to 4/25/95. Staff recommends approval of the resolutions. (Director of Public Works)
Continued from the meeting of 4/18/95.
A. RESOLUTION 17874 APPROVING CONTRACTS FOR OWNERSHIP OF UTILITY
IMPROVEMENTS IN ASSESSMENT DISTRICT 94-1 (EASTLAKE GREENS Il)
B. RESOLUTION 17875 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE
ENGINEER'S REPORT IN ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS II)
C. RESOLUTION 17876 DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN
ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS It)
D. RESOLUTION 17877 CONFIRMING THE ASSESSMENTS, ORDERING THE IMPROVEMENTS
MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT IN
ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS lI)
John Lippitt, Director of Public Works, informed Council there was a revision placed on the dias. It reflected a
change in ownership on some of the parcels from Western Parcel to EastLake. It was easier to change before the
final assessments were confirmed than to go through the process after the hearing. Staff recommended Council
direct the revisions to be made part of the Engineer's Report in the resolutions as presented to Council.
This being the time and place as advertised, the public hearing was declared open.
Minutes
April 25, 1995
Page 4
Councilmember Moot referred to the two policies regarding the lien ratio and maximum tax of 2% and questioned
if either of those thresholds were being approached and if the thresholds were exceeded if it would automatically
be brought back to Council.
Mr. Lippitt replied that on the lien ratios there was a gnarantee to the bondholders that there would be that ratio.
If an appraisal came in higher the bond ratio would be kept to the 3:1 amount. If the ratio exceeded the 3:1 ratio
the developer was required to put up a letter of credit to the bondholders for the difference. The 2% was for the
people that would be paying their taxes and was a general policy of the City. Staff tried to keep those under 2%
and in most cases they were around 1.8%. It was staft~s best intention to keep it under 2%. Once the assessments
were confirmed, it would not normally be brought back to Council unless so directed. The only way it could be
corrected would be if the developer made a contribution when they sold the house which was not the current
process.
Councilmember Rindone t~lt there should be a procedure in place tbr review in order to protect the property owner.
He questioned the time sensitivity of the item as he was not comfortable that there was no provision for a review
by Council.
Mr. Lippitt stated the bonds would not be sold until June so staff could come back with a report before the bonds
were sold. That could be done with the assessments on the land because they were based on benefit.
MSUC (Rindone/Borton) to direct staff to return in a timely manner with a mechanism for review should the
2% lien ratio be reached or exceeded.
Councilmember Rindone stated it appeared that Item 8 was contingent upon Item 7 and questioned the impact of
Council action since the current policy was 1% and the proposal tbr Item 8 was 1.8%.
Mr. Lippitt stated the Acquisition Agreement had been signed one year ago and indicated that they would pay 1.5 %
or whatever the final amount was at the time. They had also submitted a letter which stated they agreed to pay
whatever the final amount was. It did not relate to the cost of the assessments, it was a developer fee. Therefore,
Council could make it a condition that before the bond sale that staff return with a final resolution.
Mr. Boogaard stated the charge imposed was pursuant to a policy established by Council. Policies could be deviated
from on a case by case basis. With the consent of EastLake who had consented to a deviation in the particular case
it would be binding on EastLake to hold them to their pre-existing agreement to pay 1.5 % and the Council could
acknowledge that the City, tbr good reason was considering changing that origination fee structure. EastLake would
then be bound by the contract rather than the existing policy which was in a state of flux.
Councilmember Rindone stated on page 8-7, it was in contlict with Item 7 on page 7-5 where EastLake
Development Company agreed to pay an origination charge of 1.5%. The fiscal impact statement for Item 8 stated
it was between 1.0% and 1.5%. He requested clarification as to which was correct.
Clifford Swanson, Deputy Director of Public Works/City Engineer, replied if Item 7 had not been approved the
origination charge would have remained at 1% and the fee or charge would have been $79,000. If Item 7 had been
approved it would have been 1.5 % and the charge would then have been $119,000. Since EastLake had agreed to
pay whatever was approved when the item was brought back, that was what the fee would be. Presumably, since
staffs recommendation was 1.5 % the fee would have been $119,000.
Mr. Goss stated the sentence stated, "It is anticipated that this originalion charge would be between $79,335 and
$119,200". He questioned if it would be more accurate to say, "It is anticipated that this originatinn charge would
be $79,300 or $119,200".
Mr. Lippitt responded that was correct.
Minutes
April 25, 1995
Page 5
Councilmember Padilia stated it was his understanding that Item 8, as it regarded EastLake, reflected the stand alone
discussions with EastLake and that they had talked in terms of 1.0% to 1.5% and indicated they were not willing
to have to deal beyond that. If Item 7 was to be adopted it would be 2% under the revised policy.
Mr. Lippitt stated it had been in the pipeline since 1993 and that was the number staff had always referred to. In
the staff report for Item 7 staff specifically kept EastLake's at 1.5 % as the maximum. It would be staffs intent
to keep EastLake's at 1.5 % for that one district if Item 7 was approved as presented.
Councilmember Rindone referred to the new methodology in the last paragraph on page 8-6 which stated "...
providing a significant benefit to EastLake" and he questioned what the significant benefit was.
Mr. Lippitt replied because the district was going to be built in three phases the bonds would be issued during the
first year and the City's Finance Director had indicated that he wanted only one bond issue for the project. There
would be interest available in years two and three that was not spent for construction and, therefore, the property
owner when moving in would be given their final assessment. The proceeds from the interest earned would go to
help the undeveloped land. Once the project was fiflly boilt out and the money was spent then all the land would
be paying the same amount each year. There was a financial benefit to the developer because he would not have
to pay as much.
Councilmember Rindone questioned if it was one of the benefits on the menu of incentives for the high tech/biotech
Mr. Goss responded that was correct.
There being no further public testimony, the public hearing was declared closed.
RESOLUTIONS 17874, 17875, 17876, AND 17877, AMENDED TO INCLUDE THE DESIGNATIONS OF
OWNERSHIP AS PRESENTED BY STAFF, OFFERED BY COUNCILMEMBER PADILLA, reading of the
text was waived, passed and approved unanimously.
9. PUBLIC HEARING IMPROVING BROADWAY FROM NAPLES STREET TO ANITA STREET
- During the Fiscal Year 1994/95 Capital Improvement budget process, Council approved funding to widen
Broadway from Naples Street to Anita Street. The general scope of the project is to reconstruct the travelway in
that portion of Broadway in order to replace deteriorated asphalt pavements and to install missing improvements
and sidewalks. Staff recommends approval of the resolution. (Director of Public Works)
RESOLUTION 17878 APPROVING THE RETENTION OF MEDIANS, THE INSTALLATION
OF LANDSCAPING WITHIN THOSE MEDIANS AND DIRECTING STAFF TO COMPLETE THE
DESIGN AND FINAL PLANS FOR THE IMPROVEMENT OF BROADWAY FROM NAPLES STREET
TO ANITA STREET
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the purpose of the public hearing was
to address the question of whether or not the existing medians on Broadway between Naples Street and Anita Street
should remain in place as part of the construction project on that street. Council had previously approved staffs
recommendation that existing medians could be maintained in future projects and that new medians would be
permitted only at major intersections where no medians currently existed. Subsequent Council action directed staff
to bring all median proposals forward for discussion. The project as currently planned included the retention of
the existing median islands with a minor modification to close up one opening south of Palomar which created a
safety problem and shortened the existing pocket at that intersection to th,~ point that all of the turning movements
could not be accommodated without stacking up through the through lane. At a meeting on 3/23/95 there was
testimony by some of the businesses that they wanted to see the medians taken out. On 4/13/95, the Safety
Commission reviewed the project and recommended that the existing medians be retained. Staff recommended
retaining the existing medians with minor modifications.
Minutes
April 25, 1995
Page 6
Mayor Horton questioned if major complaints had been received during the last phase of reconstruction along
Broadway.
Mr. Swanson stated they were currently in a phase of reconstruction on Broadway. Staff was working with the
business owners during the current phase. During the previous phase staff' received quite a few complaints but that
project included a major storm drain which tore up the street on the east side and coupled with the medians made
it difficult for the drivers and business community to operate. During the proposed project they would not be
removing the existing concrete medians, except where previously noted, which made it quite a bit easier to construct
and staff did not feel there would be the same problems.
This being the time and place as advertised~ the public hearing was declared open. There being no public testimony,
the public hearing was declared closed.
RESOLUTION 17878 OFFERED BY MAYOR HORTON, reading of the text was waived.
Councilmember Rindone noted there were no businesses expressing their concerns regarding the proposed project.
He felt that was due to the efforts put forward by staff with the business community.
VOTE ON MOTION: approved unanimottsly.
ORAL COMMUNICATIONS
· Bill Ayers, 44 E. Mankato Street, Chula Vista, CA, representing the San Diego County Veterans, informed
Council that AB 940 had been rewritten and the sequence of locations tbr new veterans homes had been changed.
It was now Barsto, Lancaster, and Chula Vista. He t~lt time was of the essence and that the City needed to obtain
the land for the proposed home so it could be turned over to the State. He urged Council to take immediate action.
· June Brines, 385 Palomar Drive, Chula Vista, CA, voiced her support for Susan Fuller for appointment
to Council Seat #4.
Mayor 'Horton stated the vacancy would be discussed during an Adjourned Meeting which would be held
immediately following the City Council Meeting. All other speakers on that item would be heard at that time.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
10. RESOLUTION 17879 APPROVING THE SUBLEASE WITH ROHR, INC. FOR THEIR
BUILDING NUMBER 52 FOR HOUSING THE BORDER ENVIRONMENTAL TECHNOLOGY
RESOURCE CENTER (BETRC) AND THE BORDER ENVIRONMENTAL BUSINESS CENTER (BEBC),
AUTHORIZING MAYOR TO EXECUTE SUBLEASE; AND RE-APPROPRIATING $2,000 IN FISCAL
YEAR 1993/94 CDBG FUNDS FOR ASSOCIATED COSTS - The resolution approves the lease with Rohr, Inc.
that provides building number 52 to the Border Environmental Commerce Alliance (BECA) and authorizing the use
of $2,000 in Fiscal Year 1993/94 Community Development Block Grant funds to pay for utility costs associated
with preparation of the building prior to the July 1995 opening. Staff recommends approval of the resolution.
(Director of Community Development) 4/5th's vote required.
Cheryl Dye, Economic Development Manager, stated on page 10-2, the fifth bullet under the responsibilities the
City agreed to, the amount of $25,000 should be changed to $10,000.
Minutes
April 25, 1995
Page 7
RESOLUTION 17879 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Padilia referred to page 10-4, regarding the property tax obligation and requested clarification.
Ms. Dye replied that it had been included in the program budget which included both grant monies and program
revenue. Staff felt comfortable that tenant rental income would cover it. Even in the event it did not, there was
a fall back position, i.e. it could be covered by fund raising.
VOTE ON MOTION: approved unanimously.
11. RESOLUTION 17880 AMENDING CONDITION 6 OF RESOLUTION 16222 (APPROVING
TENTATIVE MAP FOR RANCHO DEL REY, SPA Ill) TO ALLOW A REDUCTION OF ROADWAY
REQUIREMENTS ON EAST "J" STREET BETWEEN RIVER ASH PLACE AND RED OAK DRIVE FROM
52 FEET WIDE TO 30 FEET WIDE - On 7/30/91, Council approved the Tentative Map for Rancho del Rey,
SPA IlI. Condition 6 required the developer to improve East "J" Street, east of Paseo Ladera, to Class II collector
street standards. The improvements would include offsite improvements across property owned by the Bennett
family who have requested that temporary improvements be installed across their property at a reduced width. Staff
recommends approval of the resolution. (Director of Public Works)
Councilmember Moot stated he would abstain from participation due to his firm's representation of McMillin
Company.
RESOLUTION 17880 OFFERED BY HORTON, reading of the text was waived.
® James Algert, 428 Broadway, Chula Vista, CA, Civil Engineer, representing the Bennett Family, stated
the Bennett's wanted Council to consider the time limit allowed before the full improvements of the street was
required. A possibility would be to trigger the improvements upon the transfer of the property, either through sale
or inheritance. It was a very important item because they wanted to continue their lifestyle on the property for a
reasonable period of time. That was the only condition they had a comment on.
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated that was not staff's recommendation, but
it was an acceptable alternative provided that the road be slightly wider. Staff had recommended a five year time
period with a minimum roadway of 30 ft. in width and a 5 ft. asphalt sidewalk on the southside. If that five year
period was deleted staff felt it should be Condition 4 which was a 36 ft. roadway with a sidewalk on one side. The
drawback to that was that it could require a retaining wall which was a higher amount for the reimbursement
district.
Mayor Horton questioned if McMillin was in opposition to the proposal.
Mr. Swanson replied that McMillin had indicated that it was acceptable.
MAYOR HORTON STATED SHE WOULD INCLUDE A CLAUSE THAT IT WOULD TRANSFER UPON
SALE OR INHERITANCE.
Mr. Boogaard stated Resolution 17880 should be amended.
Mr. Swanson stated the second paragraph on page 11-7 shmdd read: "The improvement shall consist of roadway
to Class lI Collector standards except the 5 ft. sidewalk may be asphalt concrete instead of Portland cement concrete
unless an agreement is obtained from the property owner Bennett. That the property owner will construct all
remaining improvements to Class II Collector standards at the point in time when the property changes ownership
including by inheritance and provides a bond or other security satisfactory to the City to ensure that construction.
If such an agreement is obtained the developer shall only be required to provide a minimum roadway width of 36
ft. in width with a 5 ft. asphalt sidewalk on the southside".
Minutes
April 25, 1995
Page 8
Mr. Boogaard stated it should be amended say ".... when the property is either sold or transferred by inheritance".
Mr. Swanson stated that was acceptable.
Councilmember Rindone questioned if the other property owners had an opportunity to review the proposal,
especially those east of the Bennett property.
Mr. Swanson stated a public hearing had not been held with the other property owners. It did provide the minimum
roadway that opened the road so they could have direct access.
Councilmember Rindone stated there was a great deal of concern because East "J" Street was developed in segments
and with the proposal betbre Council it would allow access to Paseo Ladera. No one knew what the congestion
would be in the future, therefore, it was unknown if the street would be adequate. He was hesitant to support the
item without the understanding that those most affected, other than the Bennetts, had an understanding that it was
being considered.
Mr. Swanson stated staff had worked with McMillin and the Bennetts representative only. The only basic difference
between the roadway that would be put in and the Class II Collector standard was the absence of a 10 ft. median
in the center which was primarily used to turn into adjacent properties. Since the Bennett property was not
developed that would not be critical. It did provide a wider area for emergency vehicles to pull off and a sidewalk
on the southside for school children. Staff had indicated that on further research since the staff report was written
that the small retaining wall was not needed on the east side.
Councilmember Rindone limit that would allow the traffic to flow through but there was no condition which allowed
the property to be developed prior to the property passing through due to inheritance. If there was no change in l~
ownership but the property was developed that should also be addressed.
Mr. Swanson stated that was the intent. In order to develop the property they would have to go through the
tentative map process and it would be a standard condition applied.
Mayor Horton questioned if staff f~lt there wonld be major impacts to the adjacent property owners.
Mr. Swanson replied that staff did not feel there would be major impacts because it provided the roadway and the
improvements in front of their residences would be taken care of. It was a stretch where the adjacent properties
on either side were not developed.
Councilmember Padilia stated the only difference between the ultimate development and the proposal was the median
which would be designed tbr access to homes that did not currently exist. If, and when, the time came for
development of that parcel, north or south, there would be a process in place requiring notification and hearing.
Mr. Swanson stated one additional difference was that instead of the 8 tL parking lanes which would be on a normal
street it would provide 5 ft. for emergency parking and a wider area ti>r bicycles.
Councilmember Padilia stated he did not have a problem in supporting the resolution with the amendment regarding
the transfer of property upon sale and/or inheritance. Councilmember Rindone's concerns regarding public
notification was well taken but he did not feet they were sacrificing that input at the current time. Given the level
of impacts before them he did not feel if the parcel was not developed that they were cutting out a significant
process.
Councilmember Rindone stated what was beli~re Council was Alternative 4 and the amended resolution which
included development, sale, gift, or inheritance of the property. With that understanding he would support the
motion.
VOTE ON RESOLUTION, AS AMENDED: approved 3-0-0-1 with Moot abstaining.
Minutes
April 25, 1995
Page 9
12. REPORT PROPOSED USA VOLLEYBALL FACILITY IN CHULA VISTA - In
February 1995, staff and the EastLake Development Company held preliminary discussions regarding the possibility
of constructing a USA Volleyball facility in the eastern part of Chula Vista. EastLake is working with the Griffin
Foundation which develops, operates, and supports youth sports programs and facilities. Staff recommends Council
support: (1) construction and operation by the Griffin Foundation of a multi-purpose sports center to specifically
house the USA Volleyball program; (2) donation of the site property by the EastLake Development Company
dedicated to the City and leased to the Griffin Foundation; (3) park acreage credit to the EastLake Development
Company in consideration of the donation of land for the project; (4) negotiation of a lease agreement with the
Griffin Foundation which will include City use of the facility and turnover of the facility to the City at a future date;
and (5) condition that EastLake Development Company be required to extend Hunte Parkway to provide access to
the property. (Director of Parks and Recreation and Director of Planning)
Jess Valenzuela, Director of Parks & Recreation, stated Glen Young representing the Griffin Foundation, Curt
Stevenson representing EastLake Development Company, and Dr. Lee Rice the team physician were all present to
answer Council's questions.
MSUC (Horton/Moot) to approve the staff recommendation.
13. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
Mr. Boogaard stated the sewer billing arbitration was scheduled tbr Closed Session.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: none. The Minutes will reflect the published agenda order.
OTHER BUSINESS
14. CITY MANAGER'S REPORTIS)
a, Scheduling of meetings. Mr. Goss stated there would be a meeting for the Otay Gym project with the
Elementary School District next week. He distributed an information memorandum regarding the item.
15. MAYOR'S REPORT(S)
a. Ratification of appointment: Barbara A. Worth - Housing Advisory Commission.
MSUC 0torton/Padilla) to ratify the appointment of Barbara A. Worth to the Housing Advisory Commission.
b. RESOLUTION 17881 TAKING A POSITION TO SUPPORT SB 623, SB 923 AND S 314, WHICH
ARE NOT ADDRESSED IN THE LEGISLATIVE PROGRAM OR OTHERWISE REQUIRE DIRECT
COUNCIL ACTION - On 2/7/95, Council adopted the 1995/96 Legislative Program. Although the program was
intended to provide comprehensive direction to the Legislative Committee on City's legislative priorities, there are
certain issues which are reserved for direct action by Council. Staff recommends approval of the resolution.
(Administration and Senior Management Assistant)
Gerald Young, Senior Management Assistant, stated two of the bills were not included in the City's legislative
program. The third, SB 923, was under a portion of the legislative program which required direct Council action.
SB 623 and S 314 dealt with cable television and had potential financial impacts to the City and had been requested
Minutes
April 25, 1995
Page 10
to be reviewed by Council by Cox Cable. Council took action approximately 11/2 years ago regarding obscene
prograrmmng on cable television and the scrambling of the signals and S 314 addressed that issue.
® Sandra Murphy, 5159 Federal Boulevard, San Diego, CA, representing Cox Communications, urged
Council to support the staff recommendation on SB 623 as it would benefit the City and Cox Cable. The theft of
cable service had become an increasingly violent and lucrative business. Cox Cable estimated that the City of Chula
Vista lost approximately $100,000/year in lost revenues and franchise fees due to the theft of cable service.
RESOLUTION 17881 OFFERED BY HORTON, reading of the text was waived, passed and approved
unanimously.
16. COUNCIL COMMENTS
Councilmember Rindone
a. Consideration of referring the one year hiatus period and the issue of special run-off elections to the Charter
Review Committee.
Councilmember Rindone stated when Council was considering procedures tbr the selection process to fill Council
Seat #4, two issues were discussed, i.e. the one year hiatus period and special run-off elections for special elections.
He requested that both of the items be ret~rred to the Charter Review Committee for consideration. If they felt there
was justification it would be brought back to Council !'br review.
MS (Rindone/Moot) to forward the issues of: 1) the one year hiatus period for previous councilmembers; and
2) special run-off elections for special elections to the Charter Review Commission.
Councilmember Moot felt it was clear that there were ambiguities in the Charter and that anytime those ambiguities
could be cleared up it should be done.
Mr. Boogaard stated he staffed the Charter Review Committee and they had 22 measures currently under study.
The Committee had just passed on for Council review Measure 20 which was the elimination of the second special
run-off election. Their recommendation was that it be approved along with the call of any next election for
placement on the ballot. The Charter Review Committee had not reviewed the one year hiatus. He questioned if
the Council had a recommendation for a range of options Council wanted them to consider, i.e. did they want it
to apply to appointments as well as the electorial process, etc.
Councilmember Rindone stated he could only speak for himself and when the issue was discussed the concern was
that there be a clarification regarding any councilmember that had completed two terms and whether he/she would
be eligible under any circumstance, i.e. election, appointment, or any other process, within one year after leaving
office. There could also be other aspects.
Mr. Boogaard stated there were two possible purposes of the reti~rral: 1) to seek the Charter Review Committee's
opinion of what the Charter currently said; and 2) to get a reconunendation on how to change it. He questioned
if Council wanted an interpretive opinion.
Councilmember Rindone stated he did not feel the Committee had any more authority to interpret the Charter than
anyone else. If there was a concern, after reviewing the City Attorney's opinion, the Committee felt there was
reason for a change, it should be brought to Council. If after reviewing the City Attorney's opinion, the Committee
felt there was not a misinterpretation and that it was clear that report as well should be brought to Council.
Councilmember Moot felt it was ambiguous because the issue was not addressed in the Charter and the Charter
needed to take a position as to whether Proposition J applied to appointments. He felt the Committee should
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Minutes
April 25, 1995
Page 11
consider whether the intent of Proposition J regarding elected officials also dealt with a temporary appointment.
He felt there were arguments and rationales when dealing with consecutive elections and an appointment.
Councilmember Padilia stated he read the City Attomey's opinion and t~lt the one year hiatus period applied to
appointees as well as elections. He felt the direction from Council should be to get the impressions and
interpretations from the Charter Review Committee and return with an independent recommendation.
Councilmember Rindone stated he would withdraw the second portion of his motion dealing with the issue
of run-off elections for special elections.
VOTE ON MOTION: appruved unanimously.
Mr. Booganrd questioned if any Councilmembers wanted to be invited to make a presentation on the policy aspect
to the Charter Review Commission. He stated he would extend invitations to those members.
16b. Councilmember Rindone referred to the memorandum regarding the placement of remote cameras in the
Chambers and expressed concem that the cameras be able to cover slide/transparencies presentations and display
materials on the east wall.
Jeri Gulbransen, Public Information Coordinator, stated two cameras would be remotely controlled and two cameras
would be stationary. With the four cameras they would be able to cover all areas of the Chambers.
AD.IOURNhiENT
ADJOURNMENT AT 8:10 P.M. to a Special Meeting on Saturday, April 22, 1995 at 12:00 (Noon) in the City
Council Chambers and thence to the Regular City Council Meeting on May 2, 1995 at 4:00 p.m. in the City Council
Chambers.
CLOSED SESSION
Mr. Boogaard stated the only item that would be discussed in Closed Session was the sewer billing arbitration
issues.
Council met in Closed Session at 9:17 p.m., reconvened at 9:30 p.m., and adjoumed at 9:31 p.m.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash
litigation).
· City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for
Daley Rock Quarry.
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 2.
· Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee t~r CVEA, WCE, Executive Management, Mid-
Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
Minutes
April 25, 1995
Page 12
18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed
Session.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
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