HomeMy WebLinkAboutcc min 1995/07/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CIIULA VISTA
Tuesday, July 11, 1995 Council Chambers
6:09 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone (arrived at 6:14 p.m.), 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 MINUTES: June 14, 1995 (Special Workshop/Meeting of the City Council), June 20, 1995
(City Council Meeting), June 20, 1995 (Special Worksession/Meeting of the City Council), Jnne 20, 1995 (Joint Meeting
of the City Council/Redevelopment Agency), June 21, 1995 (Special Worksession/Meeting of the City Council), and June
27, 1995 (City Council Meeting)
MSC (Alevy/Muut) tn appruve the minutes nf June 14, 1995 (Special Wurkshup/Meeting of the City Council), June
20, 1995 (City Council Meeting), June 20, 1995 (Special Wurksessiun/Meeting uf the City Cnuncil), June 20, 1995
(Joint Meeting of the City Cnuncil/Redevelupment Agency), Jnne 21, 1995 (Special Wurksession/Meeting of the City
Council), and June 27, 1995 (City Cuuncil Meeting) as preseuted. Approved 4-0-1 with Rindnne absent.
4. SPECIAL ORDERS OF THE DAY:
a. Presentatiun by International Friendship Commission~ of five students going to Odawara, Japan tn participate
in the Tokimeki International Student Exchange Prograin. The students are: Michael Bullen, Michael Gonzalez, Kevin
Hardiman, Francisco Sevilla, and David Taboada. Nancy Taboada made the presentation to Council.
b. Presentation by Metropolitan Transit Development Board staff members on South Bay Transit Studies. Bill
Lieberman, Director of Planning and Operations, Metropolitan Transit Development Boai'd, made the presentation to Council
regarding the following transit studies that had been conducted over the last several years in the Southbay: 1) Potential
Transit Corridors; 2) Southbay Public Transportation Lines; and 3) Southbay Light Rail Extension. They were currently
working with Caltrans on the designs of SR 905 and SR 125 to see how transit could he fit into those fhcilities in the thture.
They would continue to work with City staff to ensure that transit would be accommodated in the IiAture.
c. Proclaiming July 1995 as Parks and Recreation Month in the City. Historically, agencies throughout California
have recognized July as Parks and Recreation Month to bring an increased awareness of the value of the recreational
opportunities to all residents of the community. The proclamation was presented by Mayor Pro Tem Rindone to Carmen
Sandoval, Chair of the Parks and Recreation Commission.
d. Presentation by Larry Wade and Dean Eckenroth announcing a new newspaper, the "Chula Vista Eagle".
The presentation was continued to a future date.
CONSENT CALENDAR
(items pulled: 6 and 10)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived,
passed and approved unanimnusly with Councihnember Rindone w~ting NIl nn Item 8.
Minutes
July 11, 1995
Page 2
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were nu nbserved repurtable actions taken in Closed Session
on 6/27/95. It is recommended that the letter be received and filed.
b. Letter of resignation frmn the Safety Commission - Bob Thomas, 650 Floyd Ave., Chula Vista, CA 91910. It
is recommended that the resignation be accepted with regret and th~ City Clerk he directed to post immediately according
to the Maddy Act in the Clerk's Office and the Public Library.
6. ORDINANCE 2634 ADDING SECTION 2.03.030 TO THE MUNICIPAL CODE RELATING TO THE
HANDLING OF MAIL BY THE MAYOR AND COUNCIL STAFF AND AMENDING SECTIONS 2.04.090, 2.04.120,
AND 2.04.130 OF THE MUNICIPAL CODE RELATING TO AGENDA SUBMITTAL AND PREPARATION
PROCEDURES, WRITTEN COMMUNICATIONS, AND ORAL COMMUNICATIONS (first reading) - Currently,
the Municipal Code states that the City Clerk is to open and process the Mayor/Council mail, that the submittal day for items
to be placed on the Council Agenda under Written Communications is on Tuesday prior to the Council meeting, and that
the preparation and delivery of the agenda is to be on Friday. This is all inconsistent with current practice. Staff
recommends Council place the ordinance on first reading. (City Clerk) Pulled frum the Cnnsent Calendar.
Councilmember Rindone stated he agreed with recommendations I, 3, and 4 but was concerned with recommendation 2
regarding the deadline of receiving written communications. He was concerned with a delay in notifying Council that the
written communication had been received. tte was not opposed to the written communication being placed on the agenda
without a staff report with a ~i~llow-up the next week.
City Clerk Authelet clarified that when th~ section was originally drafted the Clerk received and opened the Council mail,
but the process was currently being done by the Mayor/Council staff. If a written communication was received it came from
the Mayor/Council office. The recommendation removed the procedure from the City Clerk's office and transferred it to
the Mayor/Council office.
Councilmember Moot stated that recommendation 2 would not affect the timeliness in which the Council received the
communication. It gave the Clerk one extra day to get the communication on the agenda.
Councihnember Rindone stated that was acceptable. He questioned what the impact would be on the Council.
Ms. Authelet responded that there would be no impact on the Council. The City Clerk would be eliminated as the office
receiving and opening all the mail addressed to the Council.
RESOLUTION 2634 PLACED ON FIRST READING BY COUNCILMEMBER RINDONE, reading of the text was
waived, passed and approved unanimnttsly.
7. ORDINANCE 2635 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE - INCREASING
STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING A SPEED LIMIT OF 35
MPH ON EAST "J" STREET FROM CASSIA PLACE TO RIVER ASH DRIVE AND ADDING THIS LOCATION
TO SCHEDULE IX (first readinlD - Based on the provisions of the California Vehicle Code Section 40803 and pursuant
to authority under the Municipal Code Section 10.48.030, the City Engineer has determined that in the interest of minimizing
traffic hazards and traffic congestion, and fi>r the promotion of public safety, the speed limit on East "J" Street between
Cassia Place and River Ash Drive be increased from 30 MPH to 35 MPH. Staff recommends Council place the ordinance
on first reading. (Director of Public Works)
Councilmember Moot questioned if the speed limit sign reducing the speed back down to 30 mph was before or after Cassia
Place when proceeding west.
John Lippitt, Director of Public Works, replied that it was just betbre Cassia Place.
8. RESOLUTION 17947 AUTHORIZING AN ANNUAL MANDATORY UNPAID 40-HOUR WORK
FURLOUGH FOR EXECUTIVE MANAGERS, MID-MANAGERS, AND UNREPRESENTED EMPLOYEES On
Minutes
July 11, 1995
Page 3
6/27/95, Council approved a Memorandum of Understanding with the Chula Vista Employees Association and unilaterally
implemented an agreement with Western Council of Engineers both authorizing an annual unpaid mandatory 40-hour work
furlough. The development of those agreements anticipated the same furlough for Executive Managers, Mid-Managers, and
Unrepresented employees. Staff recommends approval of the resolution. (Director of Personnel)
Councilmember Rindone voted No on Item 8.
9. RESOLUTION 17948 PURSUANT TO THE RULES AND REGULATIONS OF THE FEDERAL
COMMUNICATIONS COMMISSION DISAPPROVING THE EXISTING RATES AND CHARGES FOR THE BASIC
SERVICE TIER AND ASSOCIATED EQUIPMENT FOR COX COMMUNICATIONS AND APPROVING COX
COMMUNICATIONS' RATE REDUCTION AND REFUND PLANS - On 6/21/94, Council adopted a resolution ordering
Cox Cable to reduce its rate for Basic Service retroactive to 9/1/93. On 8/24/94, Cox Cable filed an appeal to the Federal
Communications Cormmssion (FCC) of the City's rate reduction order. On 4/7/95, the FCC released its decision on Cox
Cable's appeal of Chula Vista's rate reduction order. Since the FCC's April 1995 decision, Cox Cable (which has changed
its name to Cox Communications) has been working cooperatively with the City's cable rate regulation consultant, Public
Knowledge, Inc., to implement the FCC's decision in terms of determining the appropriate cable rates since 9/1/93. Cox
Communications and Public Knowledge, Inc. have now reached agreement on these issues. Staff recommends Council
approve the refund plan submitted by Cox Communications. which provides a onc4ime refund of $3.94 per Chula Vista
subscriber fbr Basic Service overcharges during the period ot 7/14/94 throngh 7/31/95, and approve Cox Communication's
plan to reduce the monthly rate t~r Basic Service in Chula Vista t'rom $7.64 to $7.26 (a r~duction of $0.38 per month).
(Deputy City Manager Thmnson)
10. RESOLUTION 17949 ACCEPTING BIDS AND AWARDING CONTRACT FOR "RE-ROOFING PUBLIC
SERVICES BUILDING AT 276 FOURTH AVENUE IN THE CITY (GG-147)" - On 6/21/95, bids were received fur
re-roofing the Public Services Bnilding at 276 Foorth Avenue. The pro. iect involves localized deck
reattachment/repair/replacement, installation of roof insulation, new cold process built up roofing system, gravel surface,
new drains, special flashing and accessories. Staff recommends approval of the resolution awarding the contract to Bryant
Universal - El Cajon in the amonnt of $68,787.00. (Director of Public Works) Pulled from the Consent Calendar.
Councilmember Rindone stated his concern was not the reroofing of the Pnblic Services Building or the awarding of the
particular contract, it was the procedure. In all contracts staff' attempted to award the bid to the lowest bidder but a
contingency was always added to the contracts. He questilmed th~ percentage or' the contingencies utilized and where the
funds went that were not utilized.
John Lippitt, Director of Public Works, responded there was a Cramoil policy regarding the amonnt of contingencies.
Normally it was 10% and fur contracts over $4-$5 million dollars it was 3% - 5%. The purpose was for change orders and
the percentage varied due to the type of prqject. Staff could provide Council with an inti~rmation report. The City Manager
could accept all the prqjects completed by the City and the report was sent on to the Council. The report included the
amount of money in the prqject and the amonnt of contingency spent.
Mr. Goss stated if the contingency was not spent it went back into the original snurce uf funds to be reprogrammed later
in the CIP.
Councihnember Rindone requested that in the next several reports that it be highlighted ~r Council information.
RESOLUTION 17949 OFFERED BY COUNCILMEMBER RINDONE, reading uf the text was waived, passed and
approved ummimnusly.
11. RESOLUTION 17950 WAIVING IMMATERIAL DEFECTS, ACCEPTING BIDS AND AWARDING
CONTRACT FOR "CONSTRUCTION OF ELM AVENUE ALLEY IMPROVEMENTS BETWEEN CYPRESS
STREET AND MADRONA STREET IN THE CITY (STL-210)" - On 6/14/95, bids were received for construction of
Elm Avenue alley improvements between Cypress Street and Madrona Street. The prqiect involves installation of Portland
Cement Concrete (PCC) alley paving, PCC alley approaches, sidewalk ramps, asphalt concrete paving, excavation and
grading, preservation of property, and other miscellaneous work. Staff recommends approval of the resolution awarding the
contract to Star Paving Corporation - San Diego in the amount of $24,937.20. (Director of Public Works)
Minutes
July 11~ 1995
Page 4
12. RESOLUTION 17951 AUTHORIZING MAYOR TO SIGN A LETTER TO THE CHAIR OF THE
REGIONAL WATER QUALITY CONTROL BOARD (RWQCB) REGARDING THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM - The current NPDES permit expires on 8/10/95, at
which time the RWQCB is scheduled to adopt Tentative Order Number 95-76. Co-Permittees followed specific directions
and documents provided by RWQCB staff in devehlping the permit renewal application. However, on 5/19/95, the RWQCB
issued Tentative Order Nember 95-76, which is not based tipon those directions and documents. Staff believes that Tentative
Order Number 95-76 is not in line with the purpose and intent of the Federal regulations, will relegate State responsibilities
to cities, may unreasonably expose Co-Permittees to citizen lawsuits, and will be prohibitively costly to implement. Staff
has prepared a letter from the Mayor to the Chair of the RWQCB outlining the City's concerns and requesting that the
RWQCB direct its staff to withdraw the Order, evaluate the permit renewal process, and work with the Co-Permittees to
develop a reasonable and implementable permit. Staff recommends approval of the resolution. (Director of Public Works)
13. RESOLUTION 17952 APPROVING SEWER BILLING MEMORANDUM OF UNDERSTANDING WITH
SWEETWATER AUTHORITY THAT PROVIDES FOR THE SEPARATION OF WATER AND SEWER BILLING
WITH SWEETWATER CONTINUING TO PROVIDE INFORMATION NEEDED FOR THE CITY TO BILL
SERVER CUSTOMERS - The Sweetwater Authority has indicated its intention to terminate its agreement to provide sewer
billing and collection services and has requested that the City establish an alternate billing method. The agreement provides
liar the initial and ongoing flow of infilrmation by Sweetwater so as to allow the City to assume that billing and for the City
to pay Sweetwater its reasonable associated costs. Staff recmmnends approval of the resolution. (Director of Public Works)
14. RESOLUTION 17953 APPROVING THE CONCEPT OF SHARING THE COSTS OF REPLACING
DETERIORATED AND SUBSTANDARD DRAINAGE FACILITIES WITHIN THE CLUB VIEW TERRACE
SUBDIVISION, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE
THE APPROPRIATE AGREEMENTS, AUTHORIZING THE CITY TO ADVANCE FUNDS TO FINANCE CLUB ~"
VIEW TERRACE'S SHARE, AND APPROPRIATING $33,600 FROM THE STORM DRAIN REVENUE FUND -
The Chula Vista Presbyterian Church located at 940 Hilltop Drive is in the process of building an addition to their Church.
As part of their plans, the Church is undergrounding the drainage that flows throngh their site in order to make the site more
usable. In order to make the system work, the downstream pipe needs to be replaced. The Presbyterian Church is desirous
of determining whether or not the City wiII participate in the pr~iect as soon as possible since they are under construction
and the delay is causing them undue hardship. Staff reco~nmends approval of the resolution. (Director of Public Works)
4/Sth's vote required.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. 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 fi'om the first floor to include the entire building and to
increase the maximum enrollment from 208 to 260 children. Staff recommends approval of the resolution. (Director of
Planning) Continued from the meeting of 6/20/95.
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
Robert Leiter, Director of Planning, stated a letter from EastLake had been placed on the dais stating their position regarding
the extension of the CUP.
This being the time and place as advertised, the public hearing was declared open.
Minutes
July 11, 1995
Page 5
· Dan Malcolm, 3252 Holiday Court, La Jolla, CA, representing Covenant Christian School, spoke against the staff
recommendation. Staff had agreed that the extension would not trigger an RMPP, but i~lt the school would discourage
potential users from locating in the business center. He felt the school wlmld actually encourage users to locate in the
business center. If Curt Stephenson had t~lt it would hinder development of the center he did not believe that he would have
supported the extension for an additinnal three years. Staff als,,~ expressed concern that the school would discourage or
prohibit prospective businesses that would handle hazardous materials. In addition to the school, there was Kaiser Hospital
and two community facility zones tier day care centers and churches in the area. It had been a schonl for five years and was
built as a school six years ago. It would he econnmically unl'~asible fi~r the building to be remodeled as an office building.
The bio tech zone specifically allowed a school with a CUP.
Mayor Horton questioned if Mr. Malcolm had received the letter dated 6/29/95 from Mr. Stephenson in which he stated he
was in support of one extension to the CUP li3r a period of up to two and one-half years, which was almost consistent with
the staff recommendation.
Mr. Malcolm stated Covenant Christian wanted an extension. In three years tinne they wanted to appear before Council to
reevaluate where the bio tech center was, reevaluate where they were, and have the opportunity to open dialogue at that time.
No one knew what would be happening in the next three years.
Mayor Horton stated that a company was looking at the site across the street and had expressed concerns about the school.
There being no fi~rther public testimony, the public hearing was declared closed.
Conncilmember Padilia stated Council had made the high tech/bio tech zone a priority, but the issues needed to be
approached one step at a time. He did not l~el EastLake would support any extension of the CUP if they t~lt it would be
detrimental to the filture of the area. He would not be opposed to snpporting a year ~xtension and direct staff to work with
EastLake and the school tc~ find another I,.ication with r~view on a semi-annual basis.
Councilmember Alevy stated in reviewing the letter from EastLake it referred to a two and one-half year extension of the
original CUP.
Councilmember Padilia stated the terms of the original CUP was fi~r two and one-half years and it was his understanding
that the letter supported one extension of two and one-half years.
· Jim Moxham, representing EastLake Development Company, stated the intent of the letter was from the termination
of the current CUP, i.e. 1996. EastLake wo,ald supp,,>rt one two and one-half year extension. EastLake did not support the
permanent location of the school.
Councilmember Moot stated he was on the Planning Commission when the item was first heard. There were major concerns
regarding the appropriateness of the location tier a school due to salary, parking, recreation areas oil:site, etc. He thought
it had been made clear at that time that as the business park began to build out that it would not be considered a viable place
for a school. They had tried to give sufficient warning to both schools in the ihcility at that time that they should be looking
for another location. The resolution proposed by staff was expressing that fact.
Councilmember Rindone felt there should be a compromise. The staff report contained an altemative which stated "the
existing conditional use permit could be amended to allow an administrative extension upon the submittal of documentation
by the applicant that plans li~r a permanent site were being actively pursued. Snch an option should only be considered near
the expiration date of the existing approved term, perhaps within six months of June 1996 (no earlier than January, 1996)
and should be tbr no longer than a six-month or twelve-month period". One goal was to encourage the bio tech industry
and the second goal was to ensure the City provided tier private schools as well as ft~r public schools. If the school was
seriously seeking a permanent location the alternate reconnnendation would allow that flexibility. If it appeared that the bio
tech industry was not taking off an extension could be considered.
MS (Rindone) to amend the resolution to include the alternative apprnved by the Planning Commissiun: "the existing
conditional use permit cnuld be amended to allow an administrutive extensiun upon the submittal of documentation
by the applicant that plans fnr a permanent site were being actively pursued. Such an uption should only be
Minutes
July II, 1995
Page 6
cunsidered near the expiratiun dale or the existing approved term, perhaps within six mouths of June 1996 (no earlier
than January, 1996) and shnuld be fur nu hmger than a six-munth or twelve-mnuth period".
SECOND TO MOTION: {Hottun) to amend the mutiou to include the t~velve month option only, agreed to by the
Maker of the Mution.
Councilmember Alevy stated the CUP would then be through June, 1997.
Councilmember Rindone stated that was how he would interpret it as maker of the motion. Mayor Horton agreed as the
Second.
VOTE ON MOTION, AS AMENDED: approved unanimously.
Mayor Hotton stated several members of the community with interest in the Covenant Christian School thought the hearing
was at 7:00 p.m. and requested that they be given the opportunity to give testimony to Cooncil. Therefore, she felt it
appropriate to reopen the public hearing.
MSUC (Alevy/Padilla) to reopen the hearing regardiu~ the request by Covenant Christian School.
· Sherry Wagner, 331 Qunice Place, Chula Vista, CA, representing the School Board of Covenant Christian School,
stated they had been serving the Sonthbay and greater San Diego Community since 1976. Because of the growth of their
student body they began looking fi~r another fhcility several years ago. The City had denied their application to place mobile
classrooms on their original site. The requirements imposed by the City were cost prohibitive since they would only grant
use of such buildings fi>r two years. They finally fimnd the building at 2400 Fenton Street which, from their perspective, ~---
seemed ideal as a permanent home liar an expanded K-12 educational program. Their request for a five year CUP for the
Fenton Street property was rejected and now their request tilt an extensilm of the two and one-half year CUP was being
opposed by the City. The message was that private education of the sort offbred by CCS had no significant role to play in
the City's plans lbr the ~ture of Chula Vista and had no place in the developing areas of the City. They had demonstrated
that their schonl conld co-exist with the types of industries being sought tier the EastLake Business Park. The community
needed and wanted an educational alternative. They had already looked all over Chula Vista ti3r a new location.
· Hank Gotthelf, 6480 Weathers Place, San Diego, CA, stated he was the owner of the building and speaking on
behalf of Covenant Christian School. Four to five years ago he and his partners built a building for assistance rehabilitation.
The building was not an office building but an educational environment. Unti~rtunately, that particular tenant lost its State
license. The owners of the building had invested in the City, paid taxes, gone through the worst real estate climate in many
years, and were paying their debt service. They were trying to make ends meet so that the tenancy of a building for very
special uses would operate successfnlly. CCS was hl~norable and worthwhile and if the City lost those students they would
be losing the future. Education came beli~re everything. CCS had been dishonored and the City had made a farce of the
process. He had gone befbre the Planning Commission and Council and had tried to swap land, tried to find a change in
the zoning process, and every step of the way the ownership and CCS had been turned down. He did not believe that was
in the best interest of the City. He would continne on as the owner/operator to the best of his ability, try to find a tenant,
and try to sell the building.
Mayor Horton stated the Council had worked very hard to see the school continue. Council and staff also worked to relocate
another school that had been located in the building. Public and private schools were important to Council, staff, and the
City. CCS understood that it was a temporary location and not permanent.
There being no further public testimony, the public hearing was declared closed.
Councilmember Rindone stated there were a variety of views and everyone would like to do everything possible to
accommodate all needs. The Conncil was committed to being progressive, but they also had a role to listen. The motion
made was a compromise in order to accommodate the needs of the school and not hinder the progress of the industrial park.
He l~lt Council could move a little further than the original motion. He recommended that up to two additional years be
authorized by administrative extension upon evidence of that a permanent site was being actively pursued. The additional
year would allow flexibility for the applicant to make a better economic decisinn.
Minutes
July 11, 1995
Page 7
MOTION: (Rindone) ttt grant up to two years of administrative extensitm if there was evidence that a permanent site
was being actively pursued.
Councilmember Padilia questioned if the language of the Planning Commission recommendation limited it to just one
extension.
Robert Letter, Director of Planning, stated Council had the authority to grant the extension and that only one administrative
extension was given to staff.
Mr. Boogaard stated that if one administrative extension was utilized in one year it would then have to be brought back to
Council for further extension. He reqnested that Council clarif~ their intention.
MOTION: (Padilia) amend Resolution 17904 tn include the authnrity as reflected in the Planning Commission
recommendation, i.e. "The CUP could be amended to allow an administrative extension upom the submittal of
documentation by the applicant that the plans fiw a pernmnent site were being actively pursued. Such an option
should only be considered near the expiration ttf the existing approved term, and should be ~r no longer than a six
or twelve month period at a time". He clarified that it did trot limit it to .just tree extension, it specified that it be an
administrative extension, no longer than a perind ill' six or twelve mnnths, depending uptm the judgemerit nf the
administrator.
Councilmember Moot felt an outside tiln~ limit should be placed on the CUP. It was his understanding that Councilmember
Rindone's motion wotdd allow an administrative extension, hnt not beyond June 1997. The matter did have some history
to it and he felt it had been made clear that it wonld mlt be a pareanent situati~m.
Mayor Horton stated she snpported the direction Councilmember Padilia headed with the clarification that Council had given
them the extension to June 1997 and it was something that they conld count
Councilmember Padilia qoestioned whether Council wanted to limit it to that specific date or allow a review process fi~r
administrative extensions with the right documentation beyond that date if the business park was not developing as
anticipated.
Councihnember Alevy stated it was his nuderstanding of the motjim passed that it conld not be extended. It was a
coinpromise that stated there would be an administrative extension of one full school year t~om the expiration date of the
existing CUP. He t~lt two years was sufficient fur all parties to get a better idea of where things would be. Council had
acted in good faith and had granted an extension for another school year and he was satisfied that it was open ended enough
so all parties could make a decision when that time came.
Mayor Hotton stated June 1997 would allow the school to plan to he there until that date. Pfior to that the school could
return to the City and request an extension and it would he evaluated at that time.
Mr. Boogaard stated administrative extension usually meant th~ zoning administrator had the right to grant it on his authority.
He questioned if that was Council's direction as long as evidence was presented that CCS was looking tier a permanent site.
Mayor Hotton stated the zoning administrator would also have to look at the activity in the business park.
Councilmember Padilla stated his concern was that it not he terminated at that point, that there be a mechanism in place that
would allow the administrator to extend it beyond 1997 if all the conditions were appropriately met.
Mayor Horton t~lt it was the consensas of the Cormoil that it was not absolnte alier 1997. There would be an opportunity
for administrative extension after that period, bnt CCS needed to traderstand that it was not a permanent site.
MOTION WITHDRAWN: (Rindone)
Mr. Boogaard stated he wanted Mr. Letter to nnderstand that he had been granted the power to grant a twelve month
extension after June 1997 subject to considerations snch as needs tier the park as a bio tech zone versus the showing by the
school that they were making legitimate el'tigris to move lint; among other considerations he may use in his judgement.
Minutes
July I1, 1995
Page 8
T,.~..~
Councilmember Moot stated he wanted to change his vote on the original motion because it was his understanding that the
CUP would expire in June 1997 and that it would take action by Council beli>re that date to extend the CUP past June 1997.
His understanding was that the zoning administrator could extend it fi'on~ June 1996 to June 1997.
Mayor Horton questioned if Councilmember Moot wanted any request lbr extension beyond June 1997 to go before Council
lbr approval.
Councilmember Moot stated that was correct. He l~lt Cimncil needed to make that tough decision and not pass it off to the
zoning administrator.
Councilmember Padilia stated when the original motion had been voted on not all Coancihnembers had the same
interpretation on what they were voting on. In light of that, and in t~.irness to the applicant, he had made another amendment
to the resolution.
MOTION RESTATED: (Padilla/tlartnn) amend Resolution 17904 tn include the authority as reflected in the Planning
Commission recommendation, i.e. "The CUP cnuld be amended to allow an administrative extension upon the
submittal uf documentation by the applicant tlml the plans far a permanent site were being actively pursued. Such
an option should only be cnnsidered near the expiratian of the existing approved term, and should be for no longer
than a six or twelve month periud at a time". He clarilled that it did nut limit it to just one extension, it specified
that it be an administrative extension. fiw no hmger than a perind of six ur twelve months, depending upon the
judgement of the administratur.
FRIENDLY AMENDMENT: (tturtnn, agreed tn by Maker nf tbe Mntim~) instead of having administrative review
after June 1997 it would be brougbt back to Cormoil for approval.
Councilmember Alevy stated the item also included the expansion iff the lilcility and questioned if that was included in the
motion.
Mayor Horton stated that it was.
VOTE ON MOTION, AS AMENDED: approved unanimously.
16. PUBLIC HEARING OPEN SPACE DISTRICT NUMBER ONE FOR FISCAL YEAR 1995/96 -Based upon
the advise of the City Attorney, EastLake Maintenance District Nnmber 1 and Open Space District 1 and 10 have been
separated due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in
this district. Staff met with property owners on June 8 and June 13, 1995 to discuss any concerns and to answer any
questions. Staff recommends approval of the resolution. (Director of Public Works) Cnntinued from the meeting of
6/13/95.
RESOLUTION 17954 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE
MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS
FOR FISCAL YEAR 1995/96 FOR OPEN SPACE DISTRICT NUMBER ONE
Councilmember Alevy abstained from participation due to the location of his home within Open Space District No. 1.
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.
Mayor Hotton qoestioned whether protests had been received.
Donna Snider, Civil Engineer, responded that one protest was r~ceivcd fi~r Open Space District No. 1.
RESOLUTION 17954 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and
approved 4-0-0-1 with Alevy abstaining.
Minutes
July 1t, 1995
Page 9
17. PUBLIC HEARING OPEN SPACE DISTRICT NUMBER 10 FOR FISCAL YEAR 1995/96 - Based upon
the advise of the City Attorney, EastLake Maintenance District Number 1 and Open Space District 1 and 10 have been
separated due to conflict of interest concerns. One Council melnber owns property subject to the proposed assessment in
this district. Staff met with property owners on June 8 and June 13, 1995 to discuss any concerns and to answer any
questions. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting uf
6/13/95.
RESOLUTION 17955 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE
MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS
FOR FISCAL YEAR 1995/96 FOR OPEN SPACE DISTRICT NUMBER 10
Councilmember Moot abstained from participation due to the location of his home within Open Space District No. 10.
John Lippitt, Director of Public Works. stated one protest was made at the public hearing in June.
Councilmember Rindnne stated it was a 200% increase in the assessment and requested an explanation from staff.
Donna Snider, Civil Engineer, responded that in FY 1992/93 the assessment was $83; $25 in FY 1993/94; $42 in FY
1994/95; and staff was proposing $83 for FY t995/96. The $83 represented the cost. The lower figures were due to savings
which accrued from one time situations, i.e. the 1991 drought which had water restrictions and delayed turnover
improvements after the City had already assessed the property owners.
This being the time and place as advertised. the public hearing was declared open. There being no public testimuny the
public hearing was declared closed.
RESOLUTION 17955 OFFERED BY COUNCILMEMBER RINDONE, reading of the text wa~s waived, passed and
appruved 4-0-0-1 witl~ Moot ubstuining.
18. PUBLIC HEARING EASTLAKE MAINTENANCE DISTRICT NUMBER ONE FOR FISCAL YEAR
1995/96 - Based upon the advise of the City Attorney, EastLake Maintenance District Number 1 and Open Space District
I and 10 have been separated due to conflict of interest concerns. One Cimncil member owns property subject to the
proposed assessment in this district. Staff met with property owners on June 8 and June 13, 1995 to discuss any concerns
and to answer any questions. Staff recommends apprl~val uf the resolution. (Director of Public Works) Continued frum
the meeting nf 6/13/95.
RESOLUTION 17956 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE
MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS
FOR FISCAL YEAR 1995/96 FOR EASTLAKE MAINTENANCE DISTRICT NUMBER ONE
Councilmember Padilia abstained from participation due to the location {if his home within EastLake Maintenance District
No. 1.
John Lippitt, Director of Public Works, stated two written protests were received on EastLake Maintenance District No. 1.
This being the time and place as advertised, the pnblic hearing was declared open. There being no public testimony, the
public hearing was declared closed.
RESOLUTION 17956 OFFERED BY COUNCILMEMBER RINDONE, reuding uf the text was waived, passed and
approved 4-0-0-1 with Padilia abstaining.
19. PUBLIC HEARING OPEN SPACE DISTRICTS 2-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, BAY
BOULEVARD, AND TOWN CENTER MAINTENANCE DISTRICTS FOR FISCAL YEAR 1995/96 - In accordance
with the Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments for the open space
districts. On 5/23/95, the reports were accepted and the required public hearings were set. The first public hearing was
Minutes
July I 1. 1995
Page 10
conducted on 6/13/95. In letters dated 10/17/94 and 6/20/95, Sweetwater Authority requested they be exempted from the
yearly open space assessment fi~r a lot they own in Open Space District Number 14. Last. a zone needs to be established
within Open Space District Number 20 (Rancho del Rey) to pay tier that development's share of maintenance of Telegraph
Canyon Channel. Staff recommends approval of the resolutil~ns. (Director of Public Works) Continued from the meeting
of 6/13/95.
A. RESOLUTION 17957 DEFERRING SWEETWATER AUTHORITY'S REQUEST FOR WAIVER OF
OPEN SPACE DISTRICT 14 ASSESSMENT AND ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT,
ESTABLISHING ZONE 9 WITHIN OPEN SPACE DISTRICT 20 AND LEVYING THE ASSESSMENTS FOR
FISCAL YEAR 1995/96 FOR OPEN SPACE MAINTENANCE DISTRICTS 2-9, 11, 14, 15, 17, 18, 20, 23, 24, 26,
31, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS
B. RESOLUTION 17958 AUTIIORIZING STAFF TO INITIATE THE OPEN SPACE PROCEEDINGS FOR
FISCAL YEAR 1996/97
John Lippitt, Director of Public Works. stated the title on the Agenda stated "Denying Sweetwater Authority's request for
waiver...." and the staff recommendation was to defer Sweetwater Authority's request tbr waiver. The resolution would
be modified to reflect that recommendation. Sweetwater had a parcel in Zone 14 that they wanted to use for a tank site and
as long as they could verify that they were going tl~ use the property tier a tank site staff would probably recommend that
the waiver be granted. Until that agreement was worked out it would not be deterred. One protest had been received for
Open Space District No. 18, one protest tier Town Centre Maintenance District, and eight protests for Open Space
Maintenance District No. 20.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the I~''~
public hearing was declared closed.
Councihnember Moot stated several letters had been l'cceivcd questilming the budgets tbr the various districts and what
maintenance was being perfBrmed. He requested clarification froin staff.
Joel Chew, Open Space Coordinator, responded that the districts inclnded various types of landscaping which ranged from
parkway medians and center strips, erosion control plantings, in addition to wildlife and preserve areas. The department
also supervised fire clearances which were pertbrmed in the native areas and public safety concerns were taken care of as
well as ornamental landscaping. It varied f~om district to district.
Jess Valenzuela, Director of Parks & Recreation, inlimned Council that staff conducted two public meetings prior to the
Council hearings. Every property owner was mailed an individual notice. At that time the budget and charges were
reviewed. Typically, the attendance at those meetings was very poor.
Councilmember Moot questioned if all the money collected in an individnaI district was spent in that particular district.
Mr. Lippitt replied that all the money was kept separate and if not spent that year it was used toward future charges. There
were administrative charges within each district.
Councilmember Rindone refitfred to the zones within Open Space District No. 20 and questioned if there were separate
reserves for each zone or if it was .just fbr Open Space District No. 20.
Donna Snider, Civil Engineer, replied that the zones were independent.
RESOLUTIONS 17957 AND 17958 OFFERED BY MAYOR HORTON, feuding of the text was waived. passed and
approved unanimuusly.
20. 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 fhcility proximate to the Civic Center and capable of meeting the City's
Minutes
July I1, 1995
Page 11
interim office space needs) is currently available t;:~r 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 uf the prqiect. The proposed
addendure to the Public Facilities DIF will not impact the level nf t~cs assessed. Staff recummends this item be continued.
(Deputy City Manager Krempl/Senior Management Assistant Young) Cnntinued frum the meeting of 6/20/95.
Gerald Young, Senior Management Assistant, requested that the item be continued to August 8, 1995.
This being the time and place as advertised, the public hearing was declared open.
MSUC (Horton/Rindone) to continue the item to the meeting of August 8, 1995.
ORAL COMMUNICATIONS
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
21. RESOLUTION 17959 TO BECOME A FOUNDING COMMUNITY LEADER OF THE NATIONAL
"ENVIRONMENTAL TECHNOLOGY LEADERSHIP CHALLENGE" - The "Environmental Technology Leadership
Challenge' is a grassroots response to the National Environmental Technology Strategy. The project is being developed by
a coalition of the nation's corporate, environmental, government and academic leaders to promote and showcase examples
of "better, faster, cheaper, safer" environmental technology, and to demonstrate how sustainable environmental protection,
cost-savings and economic competitivehess go hand-in-hand. As a result of the City's Border Environmental Commerce
Alliance, Chula Vista has been invited to join the Challenge as a "Founding Leader". Staff recommends approval of the
resolution. (Director of Community Developanent)
Councilmember Rindone qnestioned the estimated pr~2icct costs nf the regional round table.
Cheryl Dye, Economic Development Mana.~er, replied that it was difficult to assess because it was still in the planning stage.
It had been indicated to her that the Coalition would cover those costs. In the event that changed, staff would look to the
BECA promotion budget and the additional lhnds approved tilt marketing of econnmic development. Staff did not anticipate
the use of City funds, but staff would return with any budget impacts befi~re moving li3rward.
RESOLUTION 17959 OFFERED BY MAYOR HORTON, reudin~ uf the text was waived, passed and approved
ununimously.
22. RESOLUTION 17960 AMENDING THE CONDITIONS OF APPROVAL FOR THE TENTATIVE
SUBDIVISION MAP FOR RANCHO DEL REY SECTIONAL PLANNING AREA, SPA Ill, TRACT 90-02 -On
3/28/95, Council received written correspondence from Ms. Claudia Diamond (Diainond Consuiting Group) which was
addressed under oral communications, Ms. Diamond raised two c{~ncerns regarding the development of Rancho del Rey SPA
Ill in the area of Paseo Ranchero. One concern was the need tier an eighl ti~ot sidewalk and whether or not there would be
a horse trail through the area and the other was that of a 45 M.P.H. speed limit based on the design speed, as oppnsed tu
the 35 M.P.H. speed limit requested by the Homeowners Associatitm. Staff recommends approval of the resolution.
(Director of Public Works and Director of Parks)
Councilmember Moot abstained from participatinn in order to avoid a cnnllict of interest as his law tirm represented
McMillin.
Minutes
July l l, 1995
Page 12
® Claudia Diamond, 1058 Jarton, Chnla Vista. CA, representing Villa Palmera Homeowners Association, encouraged
Council to approve the resolution. [n hopes that C<mncil would leave their sidewalk at the existing 5.5' width she had the
fi.~Ilowing concerns she wanted Council to address: I ) when wonld the marking made along the entire expanse of sidewalk
be removed and by whom: 2) how would the sidewalk north of their existing sidewalk abut with theirs; and 3) the original
designation of the expanded sidewalk (per Resolution 16222 and in clmversatinns with staff and McMillin) was equestrian -
at the meeting in September the City indicated titat it was not designated eqnestrian and that signage could be posted
indicating NO HORSES and site questioned when anti witere that would he done. The other issue was the speed along Paseo
Ranchero. Staff had continuously denied that the road was ever designated anything than was currently being proposed.
With the current proposal there would be three dirtY'rent speed p,stings along Paseo Ranchero beginning north at East "H"
Street and ending at East Telegraph Canyon Road. SIte hoped that no one would be injured or that any lives would be lost
as a result of fi~olishness and lack of ti~resight ~n the part of the City Traffic Engineer and the City. She requested that she
be intbrmed of any studies conducted by the City and she looked fl~rward to meeting with the Satiety Commission.
Councilmember Alevy stated he had discussed the issue when on the Parks & Recreation Commission and he was impressed
with the compromise worked out between McMillin and the City tier the use of a trail that covered a sewer easement. From
what Ms. Diamond had said, he had a problem m ml~ving away t~'{lm 8' wide path. He qnestioned if the resolution included
the widening of the existing sidewalk from 5.5' Ill 8%
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated in the area of Villa Palmera the resolution
exempted the widening from 5.5' to 8.5'. All ill the other areas would remain at the 8.5', both north and south.
RESOLUTION 17960 OFFERED BY COUNCILMEMBER PADILLA, reading nf the text was waived, passed and
appruved 4-0-0-1 with Mtmt abstuining.
23.A. RESOLUTION 17961 APPROVING FINAL MAP OF TRACT 90-02, RANCHO DEL REY SPA IIl,
PHASE 2, UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID
MAP, ACCEPTING ON BEHALF OF THE CITY THE OPEN SPACE LOT GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 7/30/91,
Council approved the Tentative Subdivision Map for Tract 90-2, Rancho del Rey, SPA Ill. Phase and unit boundaries were
delineated. Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 17962 APPROVING FINAL MAP OF TRACT 90-02, RANCHO DEL REY SPA llI,
PHASE 3, UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID
MAP, ACCEPTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING TIlE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION 17963 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA V1STA TRACT 90-2, RANCHO DEL REY SPA Ill AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
Councilmember Moot abstained f~om participation in order to avoid a conflict of interest because his law firm represented
McMillin.
Mr. Boogaard stated there had been substantial negotiations with the developer and staff was content that the promise to
deliver a 10 acre park at the end of the development was substantially secured. Staff was satisfied with the new Supplemental
Subdivision Improvement Agreement. The developer had signed off on the language also. Amended resolutions were on
the dais.
RESOLUTIONS 17961, 17962, AND 17963 AS AMENDED OFFERED BY MAYOR HORTON, reading of the text
was waived, pttssed and appruved 4-0-0-1 with Muot ubstuining.
Minutes
July 11, 1995
Page 13
24. REPORT STATUS ON THE ALUMINUM AIR FUEL CELL RESEARCH PROJECT AND
REPORT ON POTENTIAL FUTURE PARTICIPATION IN PROJECT - On 6/21/94, Council approved participation
and execution of $43,000 in pass-through California Energy Commission funding to fund Phase 1 of the development and
implementation of an alternative fuel cell technology research project, in coordination with a San Diego company, SAIC.
The City's participation and funding phase has been successfldly completed. Staff recommends Council accept the report.
(Environmental Resource Manager)
Barbara Bamburger, Environmental Resources Manager, gave a brief report on the City's involvement on the project. The
project team involved included the City of Chula Vista, SAIC, Kaiser Aluminum, South Coast Air Quality Management,
and the California Energy Commission. The first phase had just been completed and the result was that a very inexpensive
aluminum was identified of which they could further develop the technology. Phase II was to do an actual test drive with
an aluminum fuel cell vehicle from Chula Vista to Sacramento. SAIC had requested cnntinued support from the City and
the State to fund the next phase. Staff recommended the City's continuing participation in the upcoming phase of the project
and approval to seek $400,000 from specially designated State Energy pass through funds.
· Jeff Colborn. 4161 Campus Point Court, San Diegu, CA, representing Science Applications International Corp.
(SAIC), spoke in favor of the staff recommendation. He gave a brief overview of the project. Phase I successfully
demonstrated the t~asibility of the technology. The next phase wottld be to stack the cells together into a power source and
place it into an electric vehicle. Based upon the proven p~rli~rmance m the first phase they were confident that they could
produce a vehicle that could travel 300 miles on a single charge and be refueled in ten minutes or less. The other ol~iective
was to build a business around the technology and they hoped to do that in the City of Chula Vista.
Councihnemher Moot questioned how the vehicle wotdd be refueled.
Mr. Colborn stated it would happen in stages. The first type of customer would be a fleet user. The actual site would he
a hopper of aluminum, similar to a gasoline pump.
Councilmember Rindone questioned the cost of the unit to go into the vehicle.
Mr. Colborn stated it would be approximately $5,000. The cost of the fuel, an equivalent unit of energy compared to
gasoline, was more expensive than gasoline. It was cheaper than other zero emission technologies which offered the same
type performance as gasoline, i.e. high energy and quick recharge.
Councilmember Rindone stated that Resolution 17966 was on the dais and reflected the modified staff recommendation.
RESOLUTION 17966, TO SUPPORT CONTINUING IN PHASE Il OF ALUMINUM AIR FUEL CELL
DEVELOPMENT PROJECT, OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Moot questioned what the pass through funds were from the State of California and what other prqjects the
pass through funds could be used tbr.
Ms. Bamburger replied that it was Petroleum Violation Escrow Account funds. It was established in the 1970's as a result
of oil company violations. The money was provided to the federal government and passed through to the State and then
passed to local governments and private companies. Two years ago $250,000 was used for a nnmber of energy conservation
projects. All prqjects had to be energy related. Funds were also used for the develnpment of the CO2 plan and an alternative
fuel rebate program Ii~r businesses in Chula Vista.
VOTE ON MOTION: approved ummimously.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 6 and 10. The minutes will reflect the published agenda order.
Minutes
Jnly I 1. 1995
Page 14
OTHER BUSINESS
25. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Mr. Goss inbrmed the pnblic that there would not be a Council meeting on 7/18/95.
b. Mr. Goss stated the Port Commission had taken action regarding allocation of assistance and the City's requests had
been approved. The Port roll:fred to their staff the propl~sal regarding the Chula Vista amphitheater. Staff was to look at
the extended environmental analysis. Bill Silva Presents adwlcated that the Port do an RFP and that the site on the
Embarcadero be considered.
c. Mr. Goss stated there was an ongoing concern that in December the Board of Snpervisors directed their staff
regarding the framework of the negotiations on the Sphere of Inlluence li>r Chula Vista. It reflected the majority of a Board
that was now gone. It was his understanding that Supervisor Cox had placed the item on the Board Agenda to look at a
revision in the policy direction given to County stall' in nndertaking negotiatioas with the City of Chula Vista. He felt clear
direction from the current Board was needed. He would notil~, C,,>uncil of the meeting date.
26. MAYOR'S REPORT(S)
a. Ratification of reappl~intments:
AeimZ, Commission on - Marie O. Scrivener and lgnacio Valdovinos; Appeals and Advisors, Board of - Bill H. Harter;
Cultnral Arts Commission - William Virchis; Eelminnie Develnpment Commission - Marcia Boruta (Ex-Officio), Marshall
Compton, John Munch (Ex-Of~cio), and William Tuchscher: Ethics, Board nf- Susan Herney:
Growth Mana~zement Oversight Commission - Tris Hnbhard (Edncation) and Will T. Hyde (Environmental);
Library Board of Trustees - Constance Clover-Byram; Mobileh{m~e Rent Review Commisskm -Steven Carl Thomas and
Peter J. Watry; Plannine Commission - Frank A. Tarantino: and, Veterans Advisory Commission - Agustive A. Hermes,
Jr.
MSUC (Hnrton/Moot) to ratify the reappointn~ent.s as pre,sented.
27. COUNCIL COMMENTS
Councilmember Moot
a. Pertbrmance evaluation for City Manager and process for conducting evaluation and preserving confidentiality of
Closed Session evaluations. This request is to be discussed in Closed Session ptirsuant to Government Code Section 54957.
Councilmember Rindone
a. Councilmember Rindone stated that either amphitheater proposal lbr Chula Vista appeared to be superior to any
other alternatives. There was a basin of limr million people in San Diego County and south of the border. Chula Vista was
situated with two million people to the north and two million people to the south. He did not feel any other location could
say that.
Mayor Horton stated the Bayfront site was only five miles t'ron~ downtown San Diego and the access to and from that
location was better than access to the Embarcadero.
ADJOURNMENT
ADJOURNMENT AT 8:45 P.M. to a Special Meeting of the City Council on Wednesday, July 12, 1995 at 5:00 p.m. in
the Council Conference Room, Administration Building, and thence to the Regular City Council Meeting on July 25, 1995
at 6:00 p.m. in the City Council Chambers.
Minutes
July 11, 1995
Page 15
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 8:59 p.m. and a,4journed at 10:10 p.m.
CLOSED SESSION
Council met in Closed Session at I O: 13 p. In., reconvened at I I: 15 p. in., and a,4}ourned at I 1: 16 p.m.
Mr. Boogaard intbrmed Council that Young Sewer Back-up and Westem Fund Control (Vidrios) vs. City of Chula Vista
arose after the posting of the ageado and he felt there could be a satisfactory settlement in the cases.
MSUC (Horton/Padilla) to declare an urgency and to add the cases of Young Sewer Back-up and Western Fund
Control {Vidrios) vs. the City nf Chula Vista to the ugenda.
28. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant tl} Gnvermnent Code Sectjim 54956.9 ® Vega vs. the City of Chula Vista.
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation).
· Fritsch vs. the City of Chula Vista.
2. Anticipated litigatinn pursuant to Guvernment Code Sectinn 54956.9
· Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuunt to Government Cnde Sectinn 54957.6
· Agency negotiator: John Goss ur designee tier CVEA, WCE, POA. IAFF, Executive Management, Mid-
Management, and Unrepres~nted.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers
(WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF).
Unrepresented employee: Execntive Management. Mid-Management, and Unrepresented.
29. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - The City Attorney reported that the City Council
authorized settlement authority in the Vega, Young. and Western Fund Control claims in an amount which will be disclosed
when the claims settle.
Respectfitlly sul3mittcd,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
\ , \\.\ ,
Vicki C. Soderquist, CMC~Dcputy City Clerk