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HomeMy WebLinkAboutcc min 1995/09/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 12, 1995 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Moot, Rindone, and Mayor Horton ABSENT: Councilmember Padilia ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Beverly A. Authelet. Cit)~ Clerk MSC (Rindone/Alevy) to excuse Councilmember Padilla's absence for the 9/12/95 meeting. Approved 4-0-1 with Padilia absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: September 5, 1995 (Regular Meeting of the City Council) and September 5, 1995 (Joint Meeting of the City Council/Redevelopment Agency) MSC (Rindone/Alevy) to approve the minutes of September 5, 1995 (Regular Meeting of the City Council) and September 5, 1995 (Joint Meeting of the City Council/Redevelupment Agency) as presented. Approved 4-0-1 with Padilia absent. 4. SPECIAL ORDERS OF THE DAY: a. Chula Vista Harbor Day and Tall Ship Festival on September 16, 1995, Rod Davis, Chamber of Commerce. Mr. Davis informed Council that festivities would be from 10:00 a.m. to 5:00 p.m. on 9/16/95. CONSENT CALENDAR (Item pulled: 9) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. 5. WRITTEN COMI%YUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken in Closed Session on 9/5/95. It is recommended that the letter be received and filed. b. Letter from K. Niek Slijk suggesting the City consider changing the off ramp from I-805 to Bonita Road by directing traffic wanting to go to Plaza Bonita use the center lane and drivers going to Bonita use the lane on the far right. It is recommended that Council direct staff to assist Mr. Slijk in reviewing this issue with the appropriate officials at Caltrans. 6. ORDINANCE 2638 AMENDING TITLE 10 OF THE MUNICIPAL CODE RELATING TO PARKING VIOLATIONS AND ENFORCEMENT (second reading and adoorion) - Pursuant to Council action during the budget process, the ordinance will adjust parking violation penalties and late penalties for Califomia Vehicle Code and Chula Vista Municipal Code violations. This will make the City's penalty levels consistent with other San Diego County jurisdictions and consistent among similar violations. It will also update the Municipal Code to reflect changes in state law. Penalty amounts will increase for most parking violations with the exception of parking meter violations which will remain at the current level. Staff recommends Council place the ordinance on second reading and adoption. (Director of Finance) Minutes September 12, 1995 Page 2 7. ORDINANCE 2639 AMENDING SECTIONS 15.08.050, 15.16.050, 15.24.060, AND 15.28.050 OF THE MUNICIPAL CODE - ALL RELATING TO INVESTIGATION FEES (second readin~ and adoption) - In accordance with Council policy to streamline and consolidate, where appropriate, the City's regulatory and permit procedures, staff has reviewed the sections of the Municipal Code having to do with investigation fees. An amendment to suspend the fees for a six-month period following the second reading and adoption of the ordinance is proposed. Staff recommends Council place the ordinance on second reading and adoption. (Director of Building and Housing) 8. ORDINANCE 2640 AMENDING SECTION 2.05.010 OF THE MUNICIPAL CODE TO ADD THREE UNCLASSIFIED CALIFORNIA BORDER ALLIANCE GROUP FULL-TIME POSITIONS (second readin~ and adontion) - The United States Department of Justice (DOJ) has received funding through a variety of federal appropriations to implement the California Border Alliance Group (CBAG). CBAG is one of several regional efforts being implemented nationwide by the DOJ to decrease drag trafficking along the international border with Mexico. Local and state law enforcement agencies that have chosen to assign sworn officers to CBAG are reimbursed by the DOJ for the full cost of their participation. Staff recommends Council place the ordinance on second reading and adoption. (Chief of Police) 9. RESOLUTION 18027 APPROVING AMENDMENT TO THE BY-LAWS OF THE CHULA VISTA BAYFRONT CONSERVANCY TRUST (BCT) - The Board of Directors of the Bayfront Conservancy Trust adopted an attendance policy and proposed changes to the BCT Bylaws on 7/22/95, subject to Council approval, that are intended to help insure good attendance at BCT Board meetings. Staff recommends approval of the resolution. (Executive Director, Nature Center) Pulled from the Consent Calendar. Councilmember Rindone stated he was an original charter member of the BCT and felt the concerns expressed [~' needed to be addressed. He was concerned that the authority to appoint the alternate was delegated to the nominee appointed by the appointing boards. He did not feel it would be a laborious practice to have the appointing authorities appoint the alternates rather than delegating it to the original appointee. He requested that the City Attorney draft an amendment for the resolution reflecting that change. Mr. Boogaard recommended that the last paragraph of Section 3.3 be amended to provide that the appointing authority for a boardmember, or if none, which was the case of the mayor of the cities of Chula Vista and National City which took their position on the board by virtue of the Articles and By-laws. the group or entity from which the primary director was recruited could appoint an alternate director. Mayor Horton stated if the mayor was not available then it should be the mayor pro-tem. Mr. Boogaard stated the amendment would provide for the council to appoint an alternate and it would not necessarily have to be the mayor pro-tem. Councilmember Rindone stated he was recommending that the appointing authority or councils determine the alternate and it would not necessarily have to the be the mayor pro-tem. Mr. Boogaard stated the resolution should be amended to read "The appointing authority for a board member, or if none, a group or entity from which the primary director is recruited may appoint an alternate director ...... ". RESOLUTION 18027 OI~'I,'ERED, AS AMENDED, BY COUNCILMEMBER RINDONE, reading of the text was waived. The last paragraph, Section 3.3 be amended to read "The appointing authority for a board member, or if none, a group or entity from which the primary director is recruited may appoint an alternate director ...... " Councilmember Moot stated it was his assumption that the alternate would be appointed in advance and not on a meeting-to-meeting basis. Mr. Boogaard stated that was correct, the alternate would be designated at the same time the alternate was designated. VOTE ON MOTION: approved 4-0-1 with Padilia absent. Minutes September 12, 1995 Page 3 10. RESOLUTION 18029 APPROPRIATING $47,912 FROM THE GENERAL FUND UNAPPROPRIATED FUND BALANCE TO PAY FOR THE UNISYS LICENSE AGREEMENT - On 8/15/95, Council approved the renewal of the software license agreement for the City's Unisys mainframe. Council expressed a preference for paying the renewal in cash instead of financing. The motion approved was to amend the resolution to approve the contract to pay the entire cost in cash. It did not include appropriating the funds to do so. Stiff recommends approval of the resolution. (Director, Management i~. Information Services) 4/5th's vote required. 11. RESOLUTION 18030 ACCEPTING BID AND AWARDING CONTRACT FOR THE "INSTALLATION OF CURB AND SIDEWALK IMPROVEMENTS ALONG THE NORTH SIDE OF ORANGE AVENUE BETWEEN THIRD AVENUE AND FOURTH AVENUE (STL-222)" - On 8/2/95, bids were received for the instillation of curb and sidewalk improvements along the north side of Orange Avenue between Third Avenue and Fourth Avenue. The project involves the instillation of Portland Cement Concrete curbs, gutters, sidewalks, driveway approaches, cross-gutter, pedestrian ramps, reinforced concrete pipes, construction of a curb inlet, adjustment of manholes, excavation and grading, street lighting, asphalt concrete paving, and other miscellaneous work. Staff recommends Council approve the resolution and award the contract to Basile Construction, Inc., San Diego, in the amount of $156,449.50. (Director of Public Works) 12. RESOLUTION 18031 INTENTION TO VACATE A CERTAIN PORTION OF ORANGE AVENUE ALONG THE FRONTAGE OF 121 ORANGE AVENUE AND SETTING A DATE FOR A PUBLIC HEARING THEREON - A request has been received to vacate an excess portion of Orange Avenue right-of-way along the frontage of the Don Luis Mobile Estites mobilehome park. Luis Cacho, the owner of the park, would like to utilize the area to beautify the park. Stiff recommends Council approve the resolution and set October 3, 1995 at 4:00 p.m. as the date and time for the public hearing. (Director of Public Works) 13. REPORT REAL PROPERTY PROPOSED FOR TRANSFER TO THE CITY OF CHULA VISTA FROM THE CITY OF SAN DIEGO - In December 1993, the City of San Diego acquired seven parcels totiling 57.40 acres of real property using grant funds from the State Coastal Conservancy. The grant was for the expressed purpose of acquiring wetland and riparian habitat within the Otay River Valley between lnterstate 5 and Interstate 805. The Otay Regional Park planning stiff utilized the Resource Enhancement Plan as a basis in prioritizing and selecting the sites most suitible for acquisition. Two of the parcels acquired by San Diego are within the City of Chula Visit. Stiff recommends that the City Manager be authorized to execute, for and on behalf of the City, a grant deed for the acceptance of the two parcels of real property. (Director of Parks and Recreation and Director of Planning) Mayor Hotton questioned why the City of San Diego would continue to pay property taxes. Jess Valenzuela, Director of Parks & Recreation, responded that if the item was approved the City of San Diego would no longer pay property tixes on the property. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARliNG PCM-95-16; APPEAL FROM PLANNING COMMISSION DENIAL OF A REQUEST TO SELL GASOLINE 24 HOURS A DAY AT 1495 MELROSE AVENUE IN THE C-N NEIGHBORHOOD COMMERCIAL ZONE - ROBERT H. LEE & ASSOCIATES FOR UNOCAL - The applicant requested authorization to conduct gasoline sales 24 hours a day at the existing service station located at 1495 Melrose Avenue, in the C-N Neighborhood Commercial zone. The C-N zone restricts hours of business operations to between the hours of 7:00 a.m. and 7:00 p.m. unless otherwise authorized by the Planning Commission. On 7/26/95, the Planning Commission voted 4-3 to deny the request by Robert H. Lee & Associates for Unocal for 24-hour gas sales. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18032 GRANTING THE APPEAL OF UNOCAL FROM THE DECISION OF THE PLANNING COMMISSION AND ISSUING A PERMIT CONDITIONALLY APPROVING 24-HOUR GAS SALES AT 1495 MELROSE AVENUE IN THE C-N NEIGHBORHOOD COMMERCIAL ZONE Minutes September 12, 1995 Page 4 Ken Lee, Assistant Director of Planning, intbrmed Council that there were two separate hearings, i.e. Items 14 and 15 on the agenda. The service stations were located in the same area and were directly across the street from each other. The Planning Commission held two separate hearings and the City Attorney recommended that Council take separate action on each hearing. Council could hold both public hearings concurrently in order to hear testimony on both items. Mayor Horton stated Council would consider each item separately. This being the time and place as advertised, the public hearing was declared open. Those speaking in opposition to the granting of the appeal for 24-hour gas sales at 1495 Melrose were: · Vent Shotwell, 287 Sandstone Street, Chula Vista, CA, member of Neighborhood Watch, stated it was supposed to be a neighborhood station and not open 24 hours. He expressed concern with the increase in noise and lighting impacts. · Linda Nerat, 1462 Nolan Court, Chula Vista, CA, stated she lived directly behind the station and expressed concent regarding the increased noise, crime, and lighting impacts. She felt crime was also a concern to the applicant due to the installation of bullet proof glass. · Aaron Radecki, 1460 Nolan Court, Chula Vista, CA, expressed concern regarding the increased traffic and noise. He noted that work had been going on at the station after hours over the last several months. · Susan Radecki, 1460 Nolan Court, Chula Vista, CA, expressed concern regarding noise impacts. She had been documenting work being done after the 8:00 p.m. deadline which resulted in noise impacts. Work was also being done prior to 8:00 a.m. and the station was unkept. She had been working with the city's Noise Abatement Department and had been told that the city did not have anyone that could use and certify the equipment used to calibrate noise impacts. Lack of attendance at the July 6th public meeting was due to the July 4th holiday. They calculated that the station would make only $30.00/night by staying open 24-hours. With the closure of the station over the last several months the noise and traffic level had dropped. · Mike Radecki, 1460 Nolan Court, Chula Vista, CA, stated they had initiated the original complaint over one year ago. The station had operated on a 24-hour basis for one year and continued to break the law after being notified by the city's Code Enforcement Department that they were in violation. He expressed concent regarding the increase in noise. Unocal had not done anything in a year to address any of the neighbors concerns. The station was unkept and if the station was not open 24-hours the intersection would not be dark as there were regulation street lights on the comers. He felt they had a one year trial and had done nothing to address the issues. Those speaking in support of the appeal for 24-hour gas sales at 1495 Melrose were: · Tom Riggles, 1201 South Beach Boulevard, Suite 207, La Habra, CA, Robert Lee & Assoc., applicants for the project, stated the main reason for noise in the area was traffic. The station would not generate additional traffic with a 24-hour operation. There would be no late night auto repairs or convenience sales, other than what could be purchased through the window. The facility already had a bullet proof enclosure which had been recommended by the Chula Vista Police Department and was the type of operation which required such measures whether or not the station was opened 24-hours. They felt the high level of lighting and not allowing people into the store during the late night hours would also help to deter crime. Repair work had been going on late at night, but the district manager had been informed that it could not continue. They would provide the city with a letter stating that there would be no late night repair work. The neighborhood meeting had been held on Thursday, July 6th and only 5 people attanded. Four of those were in support of the station. They would mitigate the lighting, upgrade the landscaping, clean up the site, and provide an additional trash enclosure. Councilmember Rindone questioned how they would mitigate the lighting concerns. Mr. Riggles replied that the current strip lights along the canopy were projecting into and away from the canopy. They would replace the strip lighting with a box light with a fiat lens that would project directly down from the canopy. The Police Department had recommended perimeter lighting as a security measure and that would be installed. They would also comply with the Police Department recommendation of installation of security cameras and training for employees regarding crisis situations. Councilmember Rindone stated during the previous year there had only been one police call after midnight. Minutes September 12, 1995 Page 5 Mr. Riggles stated that was correct. During the year the station operated 24-hours there were 29 service calls and 28 of those were during the day. They felt the 24-hour operation was a benefit to the neighborhood. · Jim Forgey, 1201 South Beach Boulevard, La Habra, CA, BHL and Unocal, spoke in support of the appeal. He stated the 24-hour operation would be meeting the needs of customers as they occurred. The bay building would be closed at night after 5:00 p.m. Side lighting would be operating 24-hours and new lights would be installed to mitigate the neighbors concerns. The new lighting would not reach the housing behind the facility. If the site was closed the intersections would be dark and he expressed concerns that graffiti and crime would increase in the neighborhood. An attendant would be available to respond to activities in the area. Security cameras would be installed as recommended by the Police Department. Shrubbery would be planted in the existing planters and along the elevated area in the back to act as a noise buffer. Unocal had demonstrated a strong effort to meet the concerns of the community. There being no further public testimony, the public hearing was declared closed. Mayor Horton questioned what type of revenue would be generated for the city with the additional hours. Mr. Lee responded that the revenue to the city would be minor. The operators were looking for repeat customers versus the revenue stream generated by nighttime activity. Mayor Horton stated she could see no reason to justify the appeal. It was a residential area and the station was in a C-N zone. There were several other 24-hour operations within one-half mile of the facility. MS (Horton/Alevy) to deny the appeal for 24-hour operation. Councilmember Rindone stated he could not support the motion. He t~elt the Council needed to support the businesses in the community. There were legitimate concerns that the business had not been responsive, but the proposal addressed the issues and the applicant would mitigate those concerns. He felt the 24-hour operation would help to deter crime in an area located near the freeway. He questioned if raising the back wall by two feet would help to mitigate noise. Mr. Lee responded that a zoning wall had a buffering effect. Staff would have to look at the source of the noise to determine the exact height of the wall. Throughout the area there was a combination of wall heights and he felt some of the walls were lower in order to take advantage of the view. There was also two story homes in the area. Councilmember Rindone felt there was a lack of commercial facilities in the area which was an important factor. The Chair of the Planning Commission had expressed concern regarding the dark comers of the intersection. The Commission also felt it would be an opportunity for beautification and improvement of the area. Due to the concerns expressed by the neighbors he was willing to compromise and grant a six month trial period. Mayor Horton stated if they did not have a similar facility in close proximity and customers could not be provided needed service she would be inclined to support the appeal. However, there were 24-hour facilities in the area and she could not support the appeal. Councilmember Moot stated he drove through the n~ighborhood and felt it was a residential neighborhood. Those stations operating 24-hours tended to be in conjunction with shopping centers and no homes in close proximity. The 24-hour operation had the potential of impacting those living in the immediate area. Councilmember Alevy expressed concerns regarding the extension of the wall due to the elimination of the view. The burden should not be on private business to provide lighting for intersections. If there was a perceived problem regarding adequate lighting at the intersection it should be reviewed by the Traffic Division. Therefore, he would support the motion. VOTE ON MOTION: approved 3-1-1 with Rindone opposed and Padilia absent. 15. PUBLIC HEARlNG PCM-95-14; APPEAL FROM PLANNING COMMISSION DENIAL OF A REQUEST TO SELL GASOLINE 24 HOURS A DAY AT 1498 MELROSE AVENUE IN THE C-N NEIGHBORHOOD COMMERCIAL ZONE - TEXACO REFINING AND MARKETING, INC. - The applicant Minutes September 12, 1995 Page 6 requested authorization to conduct gasoline sales 24 hours a day at the existing service station located at 1498 Melrose Avenue, in the C-N Neighborhood Commercial zone. The C-N zone restricts hours of business operations to between the hours of 7:00 a.m. and 7:00 p.m. unless otherwise authorized by the Planning Commission. On 7/26/95, the Planning Commission voted 4-3 to deny the request by Texaco Refining and Marketing for 24-hour gas sales. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18033 GRANTING THE APPEAL OF TEXACO FROM THE DECISION OF THE PLANNING COMMISSION AND ISSUE A PERMIT CONDITIONALLY APPROVING 24-HOUR GAS SALES AT 1498 MELROSE AVENUE IN THE C-N NEIGHBORHOOD COMMERCIAL ZONE This being the time and place as advertised, the public hearing was declared open. Those speaking in support of the appeal for 24-hour gas sales at 1498 Melrose Avenue were: · Zuhair Khalileb, 572 Riesling Terrace, Chula Vista, CA, General Manager of the Texaco station, stated they had been operating 24-hours for the last four years and there had not been any problems. Since they had ceased 24-hour operation they had experienced graffiti and drinking behind the station at night. They had also lost approximately $400/night since closing. A petition had been presented requesting the 24-hour operation. The station was very clean and they had installed new landscaping. The facility was on a very large lot. Mayor Horton noted the report stated that the thcility was open from 7:00 a.m. to 7:00 p.m. and that the C-N zone allowed them to be open until 11:00 p.m. Mr. Lee stated the report was incorrect, the C-N zone allowed operation until 11:00 p.m. Councilmember Moot questioned if the station could remain open until 11:00 p.m. if they wanted to. Mr. Lee replied that was correct. · Philip C. Shanberger, 4901 Morena Boulevard, Suite 304, San Diego, CA, Gary Engineering, Inc., representing Texaco Refining & Marketing, Inc., stated the facility had been operating on a 24- hour basis for the last four years with only one citation by the city for illegal operation. A meeting had been held on 7/6/95, after the July 4th weekend, with notices mailed to 274 people and only 5 people attended. After discussion of mitigation measures those in attendance were satisfied. The Police Department had always recommended that bullet proof glass be installed and that was already in place. No one would be allowed through the door after 10:00 p.m. and all business would be done through a pass-through drawer. No alcohol would be sold on the premises. They were willing to join Neighborhood Watch and Business Alert. Texaco stated they would stop nighttime deliveries of gasoline. Texaco would also be replacing the strip lighting with box lighting which would shine directly downward and would eliminate the light pollution in nearby homes. The site was surrounded on three sides by commercial businesses and residences on one side across Orange Avenue. When thi~ 24-hour operation was discontinued they had found tagging and beer bottles at the back of the station. He requested a one year trial to show that they could work with the community and mitigate the concerns. There was a business loss of repeat customers. If Council did not want to approve the 24-hour use he recommended a compromise of operating hours from 5:00 a.m. to midnight. That would allow the applicant to be open during the important travel hours on the way to work and those returning home. Those speaking in opposition to the appeal for 24-hour gas sales at 1498 Melrose Avenue were: · Susan Radecki, 1460 Nolan Court, Chula Vista, CA, stated the station was clean, but they were concerned with the traffic and noise impacts. Since their closure for the last six weeks there had been a reduction in noise in the neighborhood. Texaco did sell diesel and they were concerned that the big trucks would utiliE the facility if open 24-hours as the canopy was high enough to accommodate them. The majority of the signatures on the petition presented by the applicant did not live in the area. She questioned how they could be profitable at $30/night. The Planning Commission had voted against the request due to the amount of neighborhood opposition. They also felt that nuisance noise would exist and that enforcement would be a low priority for the Police Department. She expressed concern that there was no one qualified within the city to take certified noise readings. Minutes September 12, 1995 Page 7 · Aaron Radecki, 1460 Nolan Court, Chula Vista, CA, expressed concern regarding noise impacts. He noted there had been a decrease in noise and light impacts while the stations were closed. · Mike Radecki, 1460 Nolan Court, Chula Vista, CA, stated it was unfortunate that Texaco was in the position they were in because they maintained a nice station and the manager tried very hard to maintain a nice appearance so it would fit into the neighborhood. He felt the codes and laws had to be applied evenly and equally. Businesses south and east of the station that were closed at night did experience graffiti. He realized that the city needed to help maintain business opportunities in the city but it was difficult to say if $50 - $100/night would make or break a business. However, was $50/night worth the neighbors peace of mind during the night time hours. The business had not demonstrated a strong financial need to remain open for 24-hours. If a variation was granted in the C-N zone he felt there would be a large number of businesses requesting a · Vern Shotwell, 287 Sandstone Street, Chula Vista, CA, stated his property was adjacent to the station. The noise impacts had been reduced since the station was closed. He did not feel businesses should be open 24-hours in a residential area. · Linda Nerat, 1462 Nolan Court, Chula V-ista, CA, presented a petition opposing the appeal with 25 signatures from residents in the area. Because those people did not attend the public hearing did not mean they were not concerned, but that they had other obligations. Mr. Shanbesger showed a transparency with the location of the residences that had signed the petition for 24-hour use. He again requested a compromise to allow operation from 5:00 a.m. to midnight. The sports bar in the area had been given a variance and stayed open until 2:00 a.m. with alcohol sales and there were no complaints regarding that business. There being no further public testimony, the public hearing was declared closed. Mayor Horton stated for the reasons stated in Item 14 she could not support the request for appeal. MOTION: (Hotton) to deny the request for 24-hour sales. Councilmember Rindone felt the situation for Texaco was different than Unocal. There was a difference to proximity to residences and it was on an exceptionally large lot. He felt there was an advantage of activity in the neighborhood in mitigating crime in the area. They had been a good neighbor which had been proven during their four years of 24-hour operation. The large trucks and late deliveries to the super market and running of the air conditioners was the major contributor of noise in the area. Therefore, he would support the request for 24-hour operation. SECOND TO MOTION: (Moot) Councilmember Moot stated there were differences between the two stations, primarily because it was surrounded by commercial businesses. He questioned if the two stations could be distinguished one from the other and whether there would be a problem in granting one appeal and not the other due to the closeness of the facilities. He did not feel the Unocal station was appropriate for 24-hour use. Mr. Boogaard stated it appeared that Councilmember Moot was concerned with a disparate treatment issue between the two facilities. He questioned if there was the same level of impacts to the neighbors. Mr. Lee responded there were similar impacts, although Texaco was across the street which created a further separation, it was a larger site, and was adjacent to a larger commercial center. Mr. Boogaard questioned if that was a significant distinction in terms of impact on the residents, i.e. from a noise and light impact. Mr. Lee replied that in of testimony from the neighbors, the noise was associated from the operation and traffic. There was a separation of an additional 150 ft. Mr. Boogaard questioned if Mr. Lee considered it not to be a significant difference in impacts. Mr. Lee responded that was correct. Minutes September 12, 1995 Page 8 Mr. Boogaard stated that there would be disparate treatment if one was denied and the other granted. VOTE ON MOTION: approved 3-1-1 with Rindone opposed and Padilia absent. ORAL COMMUNICATIONS · Susan Radecki, 1460 Nolan Court, Chula Vista, CA, requested that council consider the installation of stop lights at EastLake High School. She felt operation of traffic lights before and after school would be sufficient. Councilmember Alevy informed Mrs. Radecki that Council had addressed the issue at their last meeting and staff would be returning with a report. Councilmember Rindone requested that when the report was brought back to Council that it include an analysis of the point system utilized when evaluating the priority of signals. He t~lt that would help to put the issue in perspective. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. ORDINANCE 2641 ESTABLISHING LIMITED-TERM, AD-HOC COUNCIL SUBCOMMITTEE REGARDING THE PROPERTY TAX SHARING AGREEMENT WITH SAN DIEGO COUNTY FOR OTAY RANCH (first reading) - Under state law, a property tax sharing agreement must be reached between the annexing city and the county before an annexation can be finalized. Once an annexation application has been submitted to the Local Agency Formation Commission and deemed complete, the property tax sharing negotiations between the annexing city and the county must be completed within 30 days or the annexation proposal cannot move forward. In the case of the proposed annexation of the western parcel of the Otay Ranch, the property tax sharing issue will be unusually complex and significant in terms of fiscal impact. Staff recommends Council place the ordinance on first reading. (Deputy City Manager Thomson) Jim Thomson, Deputy City Manager, informed Council that if the creation of the subcommittee was approved it could include the existing members of the Otay Ranch subcommittee or two other members of the Council. MS (Horton/Alevy) to appoint the same members that currently served on the Otay Ranch subcommittee in order to maintain consistency. Councilmember Rindone questioned the value of the subcommittee. Philosophically it was difficult to justify subcommittees of two councilmembers with only a five member council. Once there was agreement between two conncilmembers only one of the remaining three councilmembers had to vote in support for closure of an issue. He did not feel that was a healthy practice for government. It was always appropriate to discuss issues publicly. The issue was not who the policy makers were but why they ne~_/ded to be included. Mr. Thomson responded that it was a three-way negotiation between the City of Chula Vista, County of San Diego, and the property owner. It was a complex negotiation and staff felt it would be helpful to have some discussion with members of the council and obtain their perspective. If staff did the negotiations and brought it back to council and it was then rejected there would be a large financial cost, i.e. the application to LAFCO was $23,000, and if the 30 day period was missed, because the council did not approve it, the process would have to be started all over again. In general terms, staff and council tried to avoid subcommittees but staff felt in that particular case a subcommittee would be beneficial. The County of San Diego would also be considering a similar action. Mr. Goss stated he was concerned because the process was just beginning and in his view it had become very political at the county level. the Board was taking positions and making statements that mischaracterized what was being done at the staff level. The county would also be considering the formation of a subcommittee. He felt the city should do likewise, almost out of self-protection. He questioned whether staff would be as effective in working with a county subcommittee as a council subcommittee would be. Minutes September 12, 1995 Page 9 Councilmember Rindone stated staffs sensitivity to the creation of subcommittees had been very apparent and he was very appreciative. If the county established a committee it would put the city in a less favorable negotiating position. Therefore, he would reluctantly support the council subcommittee with the understanding that if the county did not create a subcommittee it would be brought back to council for reconsideration. He felt things should be solved at the lowest level and not made political. It was an exceptionally important issue for the city. Mr. Goss stated the action by council would require a second reading and then an additional 30 days to become effective. If the action was not taken by the county there would be sufficient time to bring it back to council for reconsideration. VOTE ON MOTION: approved 4-0-1 with Padilia absent. Mr. Thomson questioned if the intent of the motion was to appoint the existing Otay Ranch subcommittee to the proposed subcommittee. Mayor Hotton responded that was correct. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 9. The minutes will reflect the published agenda order. OTHER BUSINESS 17. CITY MANAGER'S REPORT(S) - None 18. MAYOR'S REPORT(S) a. Ratification of appointments to the Board of Ethics: Douglas E. Cochrane, Lionel G. McQuillon and Virgil W. Whitehead. MSC (Hotton/Moot) to ratify the appointments of-Doughts E. Cochrane, Lionel G. McQuillon and Virgil W. Whitehead to the Board of Ethics. Approved 4-0-1 with Padilia absent. 19. COUNCIL COMMENTS Councilmember Rindone ® Councilmember Rindone questioned if the issue regarding the tour of the amphitheater would be agendized due to the concerns raised. He hoped there would still be a way for council to tour the facilities and meet the intent of the current Charter provisions. He felt it could be discussed under Scheduling of Meetings under the City Manager's comments. Mr. Booguard stated there was a request on the agenda for waiver of the privilege associated with those documents which would be discussed in Closed Session. That would not necessarily address the scheduling of meetings. Mr. Goss stated he agreed with the City Attorney that the tour scheduled by Council should be cancelled which had not been done. The Chamber of Commerce had offered to conduct a tour with city officials, business representatives, private citizens, etc. participating. MSC (Moot/Horton) to cancel the tour of amphitheaters scheduled for Saturday, September 23, 1995. Approved 4-0-1 with Padilia absent. Councilmember Moot stated he would be out of town and was uncertain whether he would be able to attend the Chamber tour on 9/23/95. Minutes September 12, 1995 Page 10 ADJOURNMENT ADJOURNMENT AT 7:43 P.M. to a Special Meeting of the City Council on September 18, 1995 at 5:30 p.m. in the Council Conference Room, thence to the Regular City Council Meeting on September 19, 1995 at 6:00 p.m. in the City Council Chambers. The Re~levelopment Agency convened at 7:41 p.m. and adjourned at 7:43 p.m. CLOSED SESSION Council met in Closed Session at 7:45 p.m., reconvened at 10:30 p.m., and adjourned at 10:30 p.m. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9 · Cobb vs. the City of Chula Vista. · Fritsch vs. the City of Chula Vista. · Chammas vs. the City of Chula Vista. ® Trinidad De La Rosa vs. the City of Chula Vista. ® Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). Anticipated litigation pursuant to Government Code Section 54946.9 · Consideration of waiving an Attorney/Client Privilege with respect to the memos regarding the Amphitheater Tour PUBLIC EMPLOYEE PERFORMlANCE EVALUATION - Pursuant to Govermnent Code Section 54957 · Title: City Clerk. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designec for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and Intemational Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 21. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: ~'e,. ' Vicki C. Soderquist. C~!b~ty City Clerk