HomeMy WebLinkAboutcc min 1995/06/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 20, 1995 Council Chambers
6:06 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Alevy, Moot, Padilla, Rindone, and Mayor Horton
ABSENT: None
ALSO PRESENT: City Manager, John D. Goss; City Attomey, Brace M. Boogaard; City Clerk,
Beverly A. Authelet; and Deputy City Clerk, Vicki C. Soderquist.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: June 6, 1995 (Council), June 6, 1995 (Joint Council/RDA), June 7, 1995
(Council adjourned regular), and June 7, 1995 (Council special worksession/meeting).
MSC (Horton/Rindone) to approve the minutes of June 6, 1995 (Council); June 6, 1995 (Joint Council/RDA);
June 7, 1995 (Council adjourned meeting), and June 7, 1995 (Council special worksession/meeting). Minutes
approved 5-0 except the June 6 minutes were approved 4-0-0-1 (Padilia abstained).
4. SPECIAL ORDERS OF THE DAY:
Oath of Office: Stephen R. Arends, Veterans Advisory Comnussion. The Oath of Office was administered by
City Clerk Authelet to Stephen R. Arends.
CONSENT CALENDAR
(Items pulled 9 and 13)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was
waived, passed and approved unanimously 5-0.
5. WRITTEN COMMUNICATIONS:
® Letter from the City Attorney stating that as a result of deliberations that occurred in Closed Session on
6/13/95, although not legally required to be reported, but with the consent of the entire Redevelopmerit Agency,
the City Attorney reports that the Agency expressed the intention that they would proceed with the demolition of
the Fuller Ford site after getting veritication from soils testing, if the cost of remediation in the Agency's judgment,
is not excessive. It is further the present intent of Council to demolish, on the condition stated, without a firm
agreement with the Citrons in place, but staff has been directed to meet and confer with the Citrons li>r the purpose
ofnegotiatingandpresentingarecommended Disposition and Development Agreement. Except for the fbregoing,
there was no other observed reportable action taken by the City Council in Closed Session. It is recommended that
the letter be received and filed.
· Letter from the Building Industry Association of San Diego County requesting information from the
City. Daren A. Groth, President, and Donald Worley, Special Counsel, Building Industry Association, 6336
I I
Minutes
June 20, 1995
Page 2
Greenwich Drive, Suite A, San Diego, CA 92122. It is reszommended that this be referred to staff to respond
administratively.
6. ORDINANCE 2633 AMENDING SECTION 19.04.022 OF THE MUNICIPAL CODE TO ALLOW
MINOR AUTOMOBILE MAINTENANCE AND REPAIR FACILITIES AS A CONDITIONAL USE IN THE
C-C CENTRAL COMMERCIAL ZONE (second readin~ and adootion) - This is a proposal to amend the
Municipal Code to allow minor automobile maintenance facilities by conditional use permit in the C-C Central
Commercial zone. The request has been submitted by Econo Lube 'n' Tune, Inc. in conjunction with a conditional
use permit request to establish an automobile maintenance facility at the southwester corner of 30th Street and
Edgemere Avenue. Staff recommends Connell place the ordinance on second reading and adoption. (Director of
Planning)
7. RESOLUTION 17927 FINDING COMPENSATION OF UNREPRESENTED CITY EMPLOYEES
UNFIXED AND UNCERTAIN - Constitutional constraints surrounding the City's ability to alter compensation of
its employees after service has been rendered requires Council to adopt the resolution making the finding that
compensation for unrepresented City officers and employees is directly or indirectly tied to compensation of
represented employees and, as such. salaries of those represented employees may not be fixed and definite on, or
perhaps even sometime after, 7/1/95. Staff recommends approval of the resolution. (City Manager)
8. RESOLUTION 17928 ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR
1995/96 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION - Government Code
Section 7910 requires each local government to establish its Gann Appropriations Limit by resolution each year at
a regularly scheduled meeting or noticed special meeting. Staff recommends approval of the resolution establishing
an appropriations limit of $160,883,640 for fiscal year 1995/96. (Director of Finance) Item pulled by both the
Public and Councilman Rindone.
9. RESOLUTION 17929 APPROVING AN AGREEMENT WITH MCKINLEY DAVY ARCHITECTS
FOR ARCHITECTURAL SERVICES FOR THE OTAY PARK GYMNASIUM PROJECT (CIP-PR-133) -
On 5/24/94, Council approved a Master Plan for Otay Park. The master plan addressed improvements to a nine
acre area which included Otay Park and the open field area at Otay School. In December 1994, the Department
issued a Request for Proposal (RFP) to solicit local architectural/design firms to prepare the plans, specifications,
cost estimates, and any other project related items for the gymnasium project. Staff recommends approval of the
resolution. (Director of Parks & Recreation)
Steve Palma, 176 Montgomery Street, Chula Vista, 91911, representing the Otay Committee. He stated that he
favored a really large gymnasium; they were also going to be using the community center in conjunction with the
gynmasium which is currently not being used.
Councilman Rindone felt it would be remiss on the part of this Council if we have a facility and project of this
magnitude in the Otay conununity that would be inadequate to house a decent size tournament inside the gymnasium.
He felt that 150 to 200 seats for a major community gathering where you use the main court going down the center
would be inadequate. He felt this could be expedited by approving the Resolution with the caveat that the architect
come up with a design that would enhance the seating capacity but would not slow down the process of getting the
gym on line.
Councilman Alevy asked Parks and Recreation Director, Jess Valenzuela, how much footage was required for a
basketball court in relation to the amount of space we would have in the 12,000 square foot facility.
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Minutes
June 20, 1995
Page 3
Parks and Recreation Director, Jess Valenzuela, stated that the gymnasium at the Chula Vista Youth Center is 9600
square feet. There is seating capacity for about 300 people on one side of the court. The office area would include
another 500 square feet.
Councilman Alevy asked how often were the 300 seats tilled.
Mr. Valenzuela responded that it is seasonal. During basketball season, it would be filled every Saturday between
November and February. He stated that we could look at expanding the seating capacity, but it will increase the
number of square feet required for facility as well.
Councilman Padilia asked what would be the costs and time impacts to this agreement if we want the architect to
design a larger facility.
Eric Davey, the architect, stated there would be no cost impact during the schematic design stage. The amount of
effort to design a 16,000 square loot facility wonld be the same as tbr a 20,000 square foot facility. The impact
tbr them would occur in the design development, in the construction documents, and the greatest impact would be
in the cost of the project.
Mayor Hotton stated that this is a project which had a lot of community input and she f~lt that some of the questions
and concerns which Council has can be addressed with members of the comnmnity. She hoped that Council didn't
make all the changes, but that the community would be included. She was not sure that we were in a position
financially to increase the size.
Councilman Rindone stated the pnrpose was to look at the size of the seating. Particularly if you have a special
activity. He asked about having bleachers on both sides like at Parkway Gym.
Mr. Valenzuela responded that Parkway was a large facility, about 20,000 square f~et. There are bleachers which
pull out on both ends.
Councilman Rindone stated that in the early stages of the design, there are ways of designing bleachers which push
into the wall that take only 18 inches which will give you the ability to have bleachers on both sides for a main
court. Obviously, it will not take place if you nse the two courts on the main tloor.
Mr. Davey stated after this had been pulled from the Consent Calendar, they tried to quantify what this would mean
if this went from 300 to 1,000. It would require about another 4,000 to 5,000 additional sqnare filet of floor area
to accommodate the bleachers in a deployed contignration. Then other issues would have to be addressed such as
additional restrooms and extra parking.
Councilman Rindone felt that perhaps a range of appruximately 450-600 would be more adequate; 200 would not
be adequate.
Mr. Valenzuela suggested that after the community review process and taking a look at the additional seating
capacity for the facility, they would come back to Council with some options befbre we get into the design phase
of the project.
Councihnan Rindone f~lt com/i~rtable with this.
RESOLUTION 17929 OFFERED BY COUNCILMAN RINDONE WITH THE UNDERSTANDING THAT
ALTERNATIVE DESIGNS OR OPTIONS WILL COME BEFORE THE COUNCIL FOR FINAL
DETERMINATION FOR EXPANDED SEATING CAPACITY, reading of text was waived, passed, and
approved 5-0.
Minutes
June 20, 1995
Page 4
*****
City Attorney Boogaard asked if Council would reconsider item 20. See discussion under Item 20. *****
10. RESOLUTION 17930 APPROVING A CONTRACT FOR FIREWORKS DISPLAY AND
ENTERliNG INTO AN INDEMNIFICATION AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT - The City is in the process of finalizing plans for the Fourth of July Fireworks display to be conducted
on the Chula Vista Bayfront. A contract with the vendor supplying and launching the fireworks has been finalized,
and the City has been asked to enter into an Indemnification Agreement with the San Diego Unified Port District
as part of their Tidelands Activity Permit. Staff recommends approval of the resolution. (Director of Parks &
Recreation)
II. RESOLUTION 17931 APPROVING UNCONTROLLED EMBANKMENT AGREEMENT FOR
FILL AT 75 NORTH BROADWAY (BROADWAY PLAZA) - Gatlin Development Company, co-owner of
property comprising the future Broadway Plaza Shopping Center, has requested that grading work, currently
authorized under grading permit number PG-528, be designated as uncontrolled embankment. In compliance with
Section 15.04.285 of the Municipal Code, all uncontrolled embankment agreements shall be approved by the Council
and recorded by the City Clerk. Staff recommends approval of the resolution. (Director of Public Works)
12. RESOLUTION 17932 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "BONITA
ROAD WIDENING BETWEEN PLAZA BONITA ROAD AND I-805 IN THE CITY (STM-312)" - On
6/07/95, sealed bids liar "Bonita Road Widening Between Plaza Bonita Road and I-805" were received. The work
to be done includes removal and disposal of existing improvements. excavation and grading asphalt concrete
pavement, monolithic curb, gutter, and sidewalk, storm drain and other miscellaneous work shown on the plans.
Staff recommends approval of the resolution and awarding contract to Castillo, Inc. in the amount of $385,936
contingent upon approval of the 1995/96 CIP budget. (Director of Public Works)
13. RESOLUTION 17933 APPROPRIATING ADDITIONAL FUNDS FROM THE TRAFFIC SIGNAL
FUND TO FUND THE CITY'S SHARE OF THE I-805 AND OTAY VALLEY ROAD INTERCHANGE
IMPROVEMENTS - The California Department of Transportation (Caltrans) has let a contract to re-construct the
I-805 and Otay Valley Road interchange, which includes two new traffic signals. Caltrans has billed the City as
per the City's agreement to share the costs. Calltans has tentatively scheduled the construction start date this month
and has requested the City's share before beginning construction. Staff recommends approval of the resolution.
(Director of Public Works) 4/5th's vote required. Item pulled by Councilman Rindone.
Councilman Rindone asked why the Redevelopment Agency was funding these signals.
City Engineer, Cliff Swanson, replied that several years ago when the budget was initially approved for this project,
the Redevelopment Agency funded a share of the signal on a one third basis. The other two thirds being the Otay
Valley Road Assessment District and the traffic signal fee. That was the arrangement at the time because of the
auto park interests. The funding is now being replaced so the Agency will not be funding it. Traffic signal fees
will be used instead which is not from the general fund.
RESOLUTION 17933 OFFERED BY COUNCILMAN RINDONE, reading nf the text was waived, passed and
approved 5-0.
14. RESOLUTION 17934 ACCEPTING BID AND AWARDING CONTRACT FOR ASPHALTIC
CONCRETE - Bids were received and opened on 5/31/95, for furnishing aspbaltic concrete to the City for use
Minutes
June 20, 1995
Page 5
during the period of 7/01/95 through 6/30/95. Staff recommends approval of the resolution and award the contract
to Sam J. Harris Company. (Director of Public Works)
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING ADDENDUM TO THE 1993 UPDATE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE, WITH NO CHANGE IN THE FEE AMOUNT - On 5/23/95, Council
determined that the El Dorado office building, 315 Fourth Avenue (a facility proximate to the Civic Center and
capable of meeting the City's interim office space needs) is currently available for purchase at a reasonable price.
Council directed staff to pursue the City purchase of the building as part of the Civic Center DIF. The purchase
is anticipated to be an interim step in the implementation of the Civic Center Master Plan and is not expected to
affect the end cost of the project. The proposed addendum to the Public Facilities DIF will not impact the level
of fees assessed. (Deputy City Manager Krempl/Senior Management Assistant Young) Staff recommended the
item be continued to 7/11/95.
This being the time and place as advertised, Mayor Horton declared the public hearing opened. There was no one
wishing to speak. The public hearing was not ch>sed.
MSUC (Horton/Moot) to continue the public hearing to 7/11/95.
16. PUBLIC HEARING DRAFT MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) PLAN
AND ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS) - The
City of San Diego has released a draft MSCP Plan and EIR/EIS tbr public review and cormnent. Staff recommends
that the Council direct staff to tbrward comments to the City of San Diego regarding the draft Plan and EIR/EIS.
(Director of Planning) Continued from the meeting uf 6/13/95.
Planning Director, Bob Leiter, stated that this hearing had been continued from last week in response to several
written comments and public testimony which was given. In response to those comments, Council has received a
report which provides detailed written responses to all the comments received. Other points of clarification since
the report went out are: (1) Council has received a letter from EastLake Company raising some continuing concerns
regarding the inclusion of the EastLake III area in the draft MSCP. In reviewing this with EastLake, staff wanted
to clarify that the MSCP map will be modified to delete basically all the areas from EastLake Ill that are shown
in the MSCP. Staff has been able to verif~, that all the areas shown in the EastLake Plan should not be covered in
the MHPA boundary. (2) SDG&E has clarified that they are preparing their own subregional plan for the program.
They have indicated that they are willing to coordinate and cooperate with the City in their planning process with
our habitat planning process. However, w~ would like to have th~ area where the Miguel substation is located
deleted from our planning area. We would continue to have a designation on the map which shows that area as
being planned directly by SDG&E. The County is in the process or' reviewing the plan as well. The County has
docketed a Board letter tomorrow which is considering some very m.~ior modifications to the MSCP that would
include eliminating a number of areas in the eastern part of the County that do not already have development or
written agreements on them from consideration in the Plan. Finally, the City of San Diego Mayor's office has
indicated that due to some issues which they have tincovered in their review of the MSCP, they have continued the
hearing of their City Council subcommittee which is reviewing this to July 11, 1995. Therelbre, this has created
a defacto extension of time l'~,r our submittal of comments. We would have at least to July 12 to submit any
comments regarding the plan.
This being the time and place as advertised, Mayor Horton declared the pnhlic hearing open.
Minutes
June 20, 1995
Page 6
Michael F. Coleman, 2554 Sweetwater Springs Blvd, Spring Valley, Environmental Specialist representing the Otay
Water District. They wanted to go on record that they are in concurrence with staffs recommendation regarding
the treatment of their 510 acre parcel.
Jim Whalen, 4577 Santa Monica Avenue, San Diego, Chairman of the Alliance of Habitat Conservation. Last week
he gave a progress report from the large land owners point of view who are their members. He echoed last weeks
support of the staff. The only issues remaining from the Iandowners point of view are the implementing agreement
which they are making a headway on, funding, who maintains the preserve once it is set aside, and the final issue
of the buffers (the space between development and open space/. The landowners argue that it should be in the
preserve, the resource agencies f?om time-to-time argue that it should be in the developed area.
Mark Faulkner, 9255 Town Center Drive, San Diego, 92121, representing San Miguel Ranch property. He
submitted to Council a letter which was signed today on behalf of Emerald Properties, the U.S. Fish and Game
Department, and the California Department of Fish and Game as a basis ti>r a points of agreement letter on a
conservation agreement on the San Miguel property. The agreement is to lay out the foundation for their
conservation agreement on the San Miguel Ranch. In response to staff's work on the MSCP Plan, they were in
concurrence with staff on their recommendations to move furward with their response letter to the City of San
Diego.
Kim Kilkeny, 11975 El Camino Real. representing the Baldwin Company. He stated he supported the staffs
recommendation. He called attention to an issue which is outside the City's planning area but is important to the
City of Chula Vista being able to develop consistent with the General Plan. The area in Proctor Valley is owned
by the City of San Diego Water Utilities Department and is part of the watershed leading to the upper and lower
Otay reservoirs. In the City of San Diego MSCP Chapter 8, which is their subregional plan implementing the plan
for the City of San Diego owned properties, they have indicated that one hundred percent of that property would
be used for preserve land. The problem with that is that Proctor Valley Road which connects two portions of the
Otay Ranch general plan area go through the middle of the area. If Proctor Valley Road is unable to be constructed
because the City of San Diego committed it as 100% preserve land, then Chula Vista's general plan relative to
Proctor Valley could not be implemented. He recommended that if staff has not already done so that the City's
letter of comment be amended to allow tier the implementation of Chula Vista's general plan relative to the Proctor
Valley Road through the City of San Diego owned land.
Dr. Tim Wilson, 13039 Brixton, San Diego, representing Watson McCoy. He stated he was in favor of the staff's
recommendation on this issue. He looked tbrward to the City preparing the subarea plan which will allow them
to get the take authorizations they need as a small land owner. He t~lt he was speaking for the small landowners.
Grant Clarkson, 6131 Tarragorma Drive. San Diego, 92115. He was one of the small property owners with a 7.5
acres in the area. He was in support of stafl"s recommendation
There being no further public comments, Mayor Horton closed the public hearing.
Councilman Rindone asked if there were any private parcels within the area. It was his understanding that there
would not be.
Mr. Leiter responded that there were no landlocked parcels that they were able to identify. There were several
privately owned parcels within the MHPA study area. Those which the City has Mready approved development
plans for are shown as 90% preserve areas: those the City has not approved plans or written agreements on are
designated as special study areas so there would not be any specific percentage preserve area designation put on
those until there are written agreements with the property owners.
Councilman Rindone asked if all the owners of private properties nnderstand the implications of what is meant by
the special study area.
Minutes
June 20, 1995
Page 7
Mr. Leiter stated that they have been in contact with a number of difti~rent property owners who had not been
involved in the MSCP process previously and we have explained that to all of them. Staff has sent them copies of
the reports. He was not aware of any property owners who had continued concerns on this.
Councilman Rindone asked if there was any benefit to us to send notices to those within our sphere of influence that
have lands that are privately owned as an update as to where we are and what we are indicating to the City of San
Diego and what will be the future timing of a recommendation tbr the MSCP areas.
Mr. Leiter recommended that once we have forwarded our comments to the City of San Diego, then based on those
comments we have established what the next steps in the process would be. At that point we could send out notices
and a statement about the future steps in the process.
Councilman Rindone asked if this would be our role or the City of San Diego since they are the lead on this.
Mr. Leiter stated that if we want to communicate directly with the property owners in our general plan area that
it be done by the City of Chula Vista rather than the City of San Diego.
Councilman Alevy aske~.l if the letter that is being sent would inclnde specific ol~jections stated in the letter.
Mr. Leiter responded that the letter would include all comments that is covered in the two agenda statements as well
as the clarification points which he made regarding the SDG&E property and the EastLake property and other points
which have been put on record. They will modify the letter and send it out as having been reviewed by the City
Council.
Councilman Alevy asked if it would be appropriate to include a caveat that included those little parcels that may
slip between the cracks to preserve concern for those who may not have been brought up at this point.
Mr. Leiter felt that this was an excellent idea; we stated fbr the record that this is based on our review to date and
that we may find other corrections or changes in the future, and we reserve the right to make future changes to the
plan.
Councilman Alevy asked if the problem in Proctor Valley, which is outside our boundaries, should be included in
the letter as well.
Mr. Leiter responded that it would be appropriate, and they would recommend that it be included in the letter.
Councilman Moot asked what it meant to be deleted from the MHPA boundary.
Mr. Leiter replied that it meant that in the future further analysis of the MSCP, ;re would be reconm~ending that
those particular properties not be given any further consideration fi~r being included in the regional preserve system
plan. This is distinguished from special study areas where we know there are some resources that need some further
evaluation but are not ready at this point to say that 90% of the land area within that area should be preserved. We
need additional interaction with the property owners and review of the data to make a specific recommendation
regarding the percentages. This would include the buffer areas.
City Attorney Boogaard stated that a letter had been received from Craig Beam of Luce Forward, and it was made
a part of the record.
Mayor Horton asked if the Council will see a final drali of the letter beli~re it is sent to the City of San Diego.
Mr. Leiter stated that since we have been given an extension, he could send the final draft back to Council as an
information item so Council could see it beli~re it was mailed out.
Minutes
June 20, 1995
Page 8
MSUC (Padilla/Alevy) to accept smft's recommendation to tierward the draft letter to the City of San Diego
with our comments with a drat/copy send to Council fi~r infurmation be~re mailing the letter.
17. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-94-09: REQUEST TO EXTEND
APPROVAL FOR A PRIVATE SCHOOL FOR APPROXIMATELY THREE YEARS (THROUGH
SEPTEMBER 1999) AND TO ALLOW THE EXPANSION OF SAID SCHOOL FACILITIES INTO THE
SECOND STORY OF THE BUILDING LOCATED AT 2400 FENTON STREET WITHIN THE EASTLAKE
BUSINESS CENTER - COVENANT CHRISTIAN SCHOOL - Covenant Christian School was approved by
Council to operate at 2400 Fenton Street within the EastLake Business Center for a 2.5 year period extending
through June 1996. The School is requesting to extend the permit for 3 years (to September 1999) and to expand
the operations from the first floor to include the entire building and to increase the maximum enrollment from 208
to 260 children. Stall' recummends this item be centinued to 7/11/95. (Director of Planning) Continued from
the meeting of 5/23/95.
RESOLUTION 17904 DENYING A REQUESTED TIME EXTENSION BUT APPROVING A
REQUESTED EXPANSION OF AN EXISTING CONDITIONAL USE PERMIT (PCC-94-09) TO
COVENANT CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL AT 2400 FENTON STREET
WITHIN THE EASTLAKE BUSINESS CENTER
This being the time and place as advertised, Mayor Horton declared the public hearing opened. There was no one
wishing to speak. The public hearing was not closed.
MSUC (Rindone/Alevy) to continue the public hearing to 7/11/95. j
18. PUBLIC HEARING PCS-95-05: TENTATIVE SUBDIVISION MAP FOR PARCEL R-28, TRACT
95-05, INVOLVING DEVELOPMENT OF 51 DETACHED CONDOMINIUM DWELLINGS AND LOCATED
WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY - EASTLAKE DEVELOPMENT
COMPANY -The proposal is to subdivide 6.0 acres of land into nine lots, four residential lots and five open space
lots, and develop a gate-guarded residential community of 51 detached single-family condominium dwellings. The
project site is located along the north side of Clubhouse Drive between Greensview Drive and Hunte Parkway within
the EastLake Greens Planned Community. The project, as conditioned, is in compliance with the EastLake Greens
SPA and PC District regulations. Stall' recommends approval of the resolution. (Director of Planning)
RESOLUTION 17935 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE
SUBDIVISION MAP FOR EASTLAKE GREENS UNIT 28, TRACT 95-05, MAKING THE NECESSARY
FINDINGS AND READOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR IS-94-19
This being the time and place as advertised. Mayor Hotton declared the public hearing opened. Addressing Council
were:
Michael Dunham, 9191 Towne Center Drive, No. L101, San Diego, Vice President of Operations for California
Pacific Homes. They were excited about being in EastLake and supported staff's recommendation.
There being no ~rther public comments, Mayor Horton declared the public hearing closed.
Councilman Alevy stated that the company he was employed with does business regularly with California Pacific
Homes so he would be abstaining; he left the dias.
Councilman Rindone asked what was a single family detached condominium.
Minutes
June 20, 1995
Page 9
Assistant Planning Director, Ken Lee, responded that this was a single family dwelling product with the two car
garage included. The private street area and landscaping are all part of a common area in terms of maintenance.
Each home is an individual home with no specific lot line. Each home has an attached garage. You are not looking
at individual parcels but a common parcel. In this case, they are broken into phases.
Councilman Rindone asked if he could be provided with an illustration to update him so he could see the difference.
RESOLUTION 17935 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived, passed,
and approved 4-0-0-1 (Alevy abstained).
ORAL COMMUNICATIONS
Maria Moya, 272 E. Oneida Street. Chula Vista, 91911. She stated that on June 19 she was issued a Notice of
Correction regarding a fence on the east side of her property. The reason for the Notice was that they didn't meet
the requirements for having a pool and that type of fence. She has had the pool for over twelve years which the
City approved the plans for the pool. Her question was why after twelve years did the City inspector decide the
fence was not in compliance. The inspector was very vague as to what corrections needed to be made.
Mayor Hotton directed her to Armando Buelna, the Assistant to Mayor and Council; to get her name, address, and
phone number. She requested that staff come back with a report regarding her situation.
Rodrigo Viesca, 276 Fourth Avenue, Chula Vista, 91910, President of the Employees Association. He informed
Council that CVEA on Friday, June 16, took a vote to ratify, the contract between the City and CVEA.
BOARD AND COMMISSION RECOMMENDATIONS
19. REPORT SELECT RECOMMENDATIONS FROM THE GROWTH MANAGEMENT
OVERSIGHT COMMISSION'S (GMOC) 1994 ANNUAL REPORT PERTAINING TO THE FISCAL YEAR
1995/96 BUDGET -On 6/1/95, the GMOC finaliz~d its 1994 Annual Report to Council and identified several of
its recommendations which have potential fi~r budget and/or staffing implications during fiscal year 1995/96. The
GMOC felt it was important that Council receive the report prior to closing deliberations on the fiscal year 1995/96
budget. It is recommended that Council direct staff to return with a specific work program which addresses the
proposed timing tbr responding to the GMOC's concerns in conjunction with the Council/GMOC workshop to be
held in late July. (Growth Management Oversight Commission)
Tris Hubbard, Chairman of the Growth Management Oversight Commission, presented recommendations from
GMOC's 1994 Report. The Report has been reviewed and approved by the Planning Commission. GMOC looked
forward to meeting with Council in July to review the ti. fil report. He highlighted the items which could possibly
have budget implications. Threshold compliance has been met assuring quality of life standards tbr eight of the
eleven service areas which GMOC reviews. The service areas nut in compliance were police, fire, and emergency
medical services. It should be noted that police response to calls were only 2.2% below standard and did show
improvement over the previous year's report. Fire EMS did not meet standards which was primarily due to a
change in the recording system of monitoring calls. Based on that intilrmation, it is GMOC's recommendation that
the computer aided dispatch and records management system, otherwise known as the CAD RMS system be
budgeted and installed in the 1995/96 fiscal year tbr police and fire EMS use. The system will provide both police
and fire personnel with innnediate detail to expedite their calls, and it will enable police and fire personnel to
complete written reports in about half the time now being spent.
Mayor Hotton felt that the Planning Commission shoold also participate in this workshop.
· I
Minutes
June 20, 1995
Page 10
ACTION ITEMS
20A. RESOLUTION 17936 MAKING AWARD FOR SALE OF BONDS AND APPROVING THE THIRD
AMENDMENT TO ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NUMBER
94-1 (EASTLAKE GREENS II) AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The proposed
resolution awards the bond sale to the lowest bidder and approves the third amendment to the Acquisition/Financing
Agreement. The amendment establishes the procedure to ensure compliance with the 2% Maximum Tax and is the
closing resolution for the legislative proceedings fi~r Assessment District 94-1. Staff recommends Council accept
the report and approve the resolution. (Director of Public Works and Director of Finance)
B. REPORT PROPOSED PROCEDURE TO ENSURE COMPLIANCE WITH THE COUNCIL
POLICY REQUIRING THAT THE AGGREGATE OF ALL COUNTY TAXES, MELLO-ROOS SCHOOL
TAXES, AND ASSESSMENT INSTALLMENTS DOES NOT EXCEED 2% OF THE SALE PRICE OF A
HOUSE
Finance Director, Robert Powell, stated that a bid was received this morning in the office of the Financial
Consultant, Katie, Jensen, Johnson, and Budnar, for the consortium consisting of the firms of Stone and Youngberg,
M.L. Stern, and Miller and Schroeder t~r a purchase of the subject bonds offering an average interest rate of
6.8947%. According to the Financial Consultant, the bond market today is favorable and the bid received is
consistent with market conditions and the quality of the bonds.
Councilman Moot asked how the assurance of the 2% actually is going to operate. Was it 2% at the time of sale.
Public Works Director, John LippitL responded yes. They would buy the 2% down so that the debt on the property
would only represent a payment of all of these together of 2%.
Councilman Moot asked how we would determine which agency may have caused it to go over the 2 % and which
debt would be paid the money when the funds are refunded out of escrow.
Mr. Lippitt stated there were several difi'~rent sources -- it would be one of the bonded indebtedness issues; which
ever one they decided to pay down. As king as the total was under the 2%.
Councilman Moot asked if any of the agencies would have a stake in which one it was.
Mr. Powell stated that none of the agencies should have a stake in which debt is paid down. It is all a lien against
the property and none of the agencies are committed to repayment of the debt.
Councilman Rindone stated that you have to pay somebody down, and someone has to make that decision. Where
are those guidelines.
City Attorney Boogaard replied that the contract authorizes the Finance Director to receive the funds from the
escrow company with instructions to pay down indebtedness which he selects. The Finance Director would have
the authority by the agreement to make a choice between which of the bonded indebtedness is paid down.
Councilman Rindone asked how many bidders were there.
Mr. Powell replied that this was unusual because there was only one bid; we expected more. At the last minute,
three of the potential bidders l'brmed a consortium and bid as one. Mainly because M.L. Stern and Miller and
Schroeder did not want to participate in the entire issue, they only wanted a share of the issue. Therefore, so they
joined with Stone and Youngberg.
Minutes
June 20, 1995
Page 11
Councilman Rindone asked how much of the bond sale was for the sale of the backbone of the public facilities.
Was it all of the 7.8.
Mr. Lippitt replied that this also includes issuance costs, assessment engineering costs, plans and specs, etc.
Councilman Rindone asked why it was none rated.
Mr. Powell replied that it was none rated because it was an assessment district debt, and the rating agencies do not
typically rate this type of issue.
Councilman Rindone stated that there are no guidelines lbr provision at~er the original sale of the house at 2 %; so
it could escalate later on.
Mr. Lippitt stated that all the assessment costs are fixed. The only thing which could happen is that the value of
the house could go down. When a person buys the house, he knows what his assessment is. The policy of Council
has been that it be no more than 2%. Once that is established, then we can't change it because the bonds have been
issued. The assessment costs do not go up at all.
RESOLUTION 17936 AS AMENDED IN PARAGRAPH 2 OFFERED BY COUNCILMAN PADILLA,
reading of the text was waived, pttssed, and approved 5-0.
City Attorney Boogaard requested that item 20 be reconsidered. He has had a chance to review the proposed
agreement with the Financial Consultant and Finance Director. The language which he represented to be in the
agreement actually was not in the agreement. He would like to reconsider the item so he could get authority to
amend the agreement to provide that fact that the Finance Director will have authority to designate which
assessments, special taxes, or Mello Roos will be paid off.
MSUC (Padilla/Alevy) to reconsider item 20.
City Attorney Boogaard suggested the Ii~llowing language be inserted in the agreement: "The developer shall
recommend to the City's Finance Director which of the assessments, Mello Roos, or special taxes shall be paid off,
and the Finance Director shall, in the exercise of reasonable business judgement and in good faith consideration of
the developer's recommendation, select the most appropriate, cost efficient item to prepay."
AMENDED RESOLUTION 17936 OFFERED BY COUNCILMAN PADILLA, reading of the text was waived,
passed, and approved 5-0.
21. RESOLUTION 17937 APPROVING AGREEMENT WITH SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT FOR THE OPERATION OF THE CHULA VISTA BORDER ENVIRONMENTAL
TECHNOLOGY RESOURCE CENTER (BETRC) - An agreement between the City and Southwestern College
is required by the Economic Develupment Administration before they can begin operation of the BETRC at the
donated Rohr facility. Staff recommends approval of the resolution. (Director of Community Development)
Economic Development Manager, Cheryl Dye, stated that this represents the beginning of the Border Environmental
Alliance tbr the BECCA prograin. The agreement provides ~r the college to implement and oversee the BETRC
or what is called the Tech Center which will provide one stop comprehensive business development and export
related services to environmental businesses from Chula Vista and from the entire San Diego region, as well as
training in environmental management techniques to all businesses interested in saving dollars in terms of pollution
prevention and waste utilization. It will be located in the donated Rohr building in conjunction with the new
environmental business incubator which will offer space and services to start up businesses.
Minutes
June 20, 1995
Page 12
Mayor Horton asked if she had a time frame for which Southwestern College would develop a strategic plan for
generating program revenues in order to become self sufficient including the establishment of fees for services and
development and implementation of the comprehensive marketing plan.
Ms. Dye replied that attached to the Scope of Work are the planned benchmarks which goes into detail on some
timeframes on a quarterly basis in the first year.
Councilman Alevy asked who would be overseeing this to make certain it stays on track and on schedule
Ms. Dye stated that in the Operating Plan which had been approved previously by Council, there was some
information about a proposed Advisory Board. This Advisory Board would initially report to the City Council; that
may change later. In terms of the composition of that Board, the Council approved a recommended outline which
shows that there be representation t~om environmental industries in the region; business support partners such as
the San Diego Technology Council, the California Environmental Business Council, South County EDC; and the
Chula Vista Chamber of Commerce. It also shows representation from the environmental business cluster sponsors
such as Rohr and the Port District: environmental groups such as the San Diego County Pollution Prevention
Program; community based groups; and finally ex-officio representation from government partners.
Councilman Moot stated that if the Program is going to sustain over time, the composition of the Advisory Board
is going to be extremely important. He recommended that we include several members from the private business
community on that Board of Directors.
Councilman Rindone stated his concern was that in years 2 and 3 bench marks have been submitted by Southwestern
for review and approval by the City as part of the second and third year budget cycle. He asked who was this from
the City; the City Manager or the City Council. He t~lt that the Council had taken a very active interest in this and
at least for the initial stage of the three year period, it would be very beneficial tbr the Council to have the annual
report presented.
Ms. Dye responded that we were not in a position to create year 2 and 3 benchmarks because we needed to learn
from experience since it is such a new program. We did want them to bring back, based upon some experience,
recommendations to the BECCA Director and to staff. We will be bringing back the year 2 and 3 budget for formal
appropriation by the Council. We could bring those benchmarks back with the budget at that time.
Councilman Rindone felt it was important because we don't want to isolate the Council into just looking at numbers
without having a clue as to what the benchmarks and goals are.
RESOLUTION 17037 OFFERED BY MAYOR HORTON, reading uf the text was waived, passed, and
approved 5-0.
MSUC (Moot/Horton) for staff to bring back within thirty days a proposal as to what should constitute the
Advisory Board, i.e. what the positions should be, how many people be on it, what the composition should
be.
ITEMS PULLED FROM THE CONSENT CALENDAR
lU, ms Pulled.' 9 and 13. The minutes .,ill reflea the published agenda order.
OTHER BUSINESS
22. CITY MANAGER'S REPORT(S). None
·
Minutes
June 20, 1995
Page 13
23. MAYOR'S REPORT(S)
Mayor Horton stated she was contacted by a member of the public who was concerned about the seniors not being
allowed to use HandYtrans. Before seniors can use HandYtrans. they must receive a permit from the American
Red Cross. This appears to be creating a hardship for some seniors who are no longer able to get to medical
appointments, etc. She asked that staff come back with a report regarding the situation with the ADA certification
process and how this is being handled by the American Red Cross, and what we can do to accommodate the needs
of the seniors as far as using the HandYtrans.
24. COUNCIL COMMENTS
Councilman Padilia wanted to clarify his comments of last week under Council Comments. He made a motion to
calendar for today's Closed Session the evaluation of the City Manager to hear specific concerns that he has had.
His intent in making that motion, which was ultimately unsuccessful, was with respect to consideration for the City
Manager. He explained last week the reasons why we needed to have general performance evaluations more often
of the City Manager, City Attorney, and City Clerk. Because he had specific concerns, his understanding was that
the Manager has a right to request that they be heard in public if he chooses. He assumed that the Manager may
prefer to have him present his concerns to Council in Closed Session; he would have to consent to that. The law
also requires written notification prior to that. The Mayor had placed on the Closed Session agenda the performance
evaluation of the Manager. He wanted to clarit}/that he had specific concerns which is different from a general
evaluation. He would like to resubmit his motion and calendar the public employee performance evaluation of the
City Manager for the Closed Session of June 271h if the Manager will concur to have that heard in Closed Session
so that the appropriate notice can be provided to him. If the Manager consents, he would like to add to the motion
to direct the City Attorney to provide the appropriate notice.
Mayor Hotton stated that she had scheduled and set ep a date fi~r sometime in July tbr the Performance Evaluations
for the City Manager, City Attorney, and City Clerk. Since Mr. Padilia has expressed some concerns, she put it
under the Closed Session, not ti~r a full evaluation, but to address his concerns. She will not participate in a full
evaluation during Closed Sessions, hut she f~lt that if he had concerns which needed to be addressed prior to the
meeting which has been scheduled.
Councilman Rindone asked procedurally how wonld this proceed since there are specil'ic concerns which Councilman
Padilia would like to share with the entire Council.
City Attorney Boogaard stated that the City Manager, City Attorney, and City Clerk have the right to have specific
concerns and complaints about them addressed in public session. It requires each of their consent to have it
discussed in Closed Session. The written notice has to be given to any of us lbr evaluation purposes of specific
concerns and complaints.
Councilman Rindone stated that this is a procedure that would be necessary if there were specific concerns rather
than a general evaluation format.
City Attorney Boogaard stated it would be his recmnmendation since there is a fine line drawn between specific
concerns and a general discussion of perfbrmance that whenever yotl evaleate any of us on a performance evaluation
basis, that you give us the twenty-ti~ur hour written notice.
MSUC (Padilla/Rindnne) to calendar tlw Clnsed Se~sinn nn June 17th the evuluation nf the City Manager and
to direct the City Attorney tu provide the appropriute written m~tice.
· I
Minutes
June 20, 1995
Page 14
Councilmember Rindone congratulated the entire Board of Ethics nnder Chairman. Harriet Acton, for the excellent
Ethics Workshop.
Councilman Rindone presented a new Revised Olympic Training Center (OTC) Monument Sign which enhanced
both the city's logo and name.
Councilman Alevy stated that on Saturday. June 24. at lO:O0 a.m. there will be a dedication of a new pedestrian
bridge at Willow Street near the golf course.
Councilman Alevy asked if we could readdress the National City and Chula Vista boundary line. There is a natural
border between the two cities and felt it was time to take another look at this issue.
City Manager Goss stated that there has been a concern that the property which would be south of the river might
come into Chula Vista from National City wonld have higher value in terms of property taxes and sales tax
generation than those parts of Chula Vista which are north of the Sweetwater River. One thing which needs to be
clarified is a property tax agreement so that the impact would be neutralized.
Councilman Moot armounced that the South Bay Excursion Cruises is having a grand opening at the Bayfront on
Saturday, June 24 at 10:30 a.m.
ADJOURNMENT
The Mayor adjourned the meeting at 8:05 p.m. to a special worksession/meeting on Wednesday, June 21, 1995 at r"
6:00 p.m. in the Council Conference Room, and thence to the regular City Council meeting on June 27, 1995 at
4:00 p.m. in the City Council Chambers.
A regular and special meeting of the Redevelopment Agency was held at 8:06 p.m. immediately following the City
Council meeting. A special worksession/meeting of the City Council was held immediately following the
Redevelopment Agency meeting at 8:18 p.m.
Respecttidly submitted,
~uthelet, CMC/AAE
City Clerk