HomeMy WebLinkAboutcc min 1995/09/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, September 26, 1995 Council Chambers
6:06 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Hurton
ALSO PRESENT: John D. Cuss, City Manager; Brace M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: September 18, 1995 (Special Meeting of the City Council) and
September 19, 1995 (Regular Meeting of the City Council)
MSUC (Rindone/Alevy) to approve the minutes of September 18, 1995 (Special Meeting of the City Council)
and September 19, 1995 (Regular Meeting of the City Council) as presented.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office - International Friendship Commission: Ricardo Marentez. Oath of office was administered
by City Clerk Authelet.
b. Presentation of the Summer 1995 Performing Arts Academy by William Virchis, Professor of Drama and
Artistic Director for Southwestern College. Mr. Virchis presented a plaque to Jess Valenzuela, Director of Parks
& Recreation, and Sunny Shy, Deputy Director of Recreation, in recognition of their assistance in the development
of the summer theater program for the community.
CONSENT CALENDAR
(Item pulled: 7)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was
waived, passed and approved unanimously with Councilmember Moot abstaining on Item 13A and 13B.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there was no observed reportable action taken in Closed Session
on 9/19/95. It is recommended that the letter be received and filed.
b. Letter of resignation from Carol Dysart - International Friendship Commission. It is recommended that
the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy
Act in the Clerk's Office and the Public Library.
6. RESOLUTION 18041 APPROVING AGREEMENT WITH DILLON TELEPHONE COMPANY INC.
FOR THE INSTALLATION AND MAINTENANCE OF PAY TELEPHONES AT SELECTED CITY BUS
STOPS - During the budget process for fiscal year 1995/96, staff proposed the installation of pay telephones at bus
stops as one of the methods to increase revenues. During the review of the budget supplementals, Council approved
the concept and directed staff to issue a Reqnest for Proposal for the installation and maintenance of pay telephones
at selected bus stops. Staff recommends approval of the resolution. (Director of Management & Information
Services)
Minutes
September 26, 1995
Page 2
7. RESOLUTION 18042 APPROVING A CONTRACTUAL AGREEMENT WITH GOURMET EXPRESS
CART TO PROVIDE COFFEE CART SERVICE AT CIVIC CENTER/MAIN LIBRARY AND SOUTH
CHULA VISTA LIBRARY - The fiscal year 1995/96 budget authorized the implementation of contractual coffee
carts at the Library, one each at Civic Center/Main Library (365 "F" Street) and at South Chula Vista Library.
A Request for Proposal was issued, the responses evaluated, a vendor selected, and a contract negotiated. Staff
recommends approval of the resolution. (Library Director) Pulled from the Con.sent Calendar.
Councilmember Rindone questioned if the electrical circuits would be metered for the carts.
David Palmet, Library Director, responded that the amount of money cited in the agenda statement was the cost
of bringing 220 lines into the respective facilities. The carts would not be metered based on experiences from other
agencies due to the low costs involved.
Mayor Horton questioned if staff had taken into consideration any additional maintenance that would be required.
Paula Brown, Principal Librarian, responded that as part of the negotiated contract the vendor had agreed to
maintain cleanliness in the area and to do all janitorial maintenance around the carts at both sites.
Mayor Horton questioned if the patrons of the carts would be donfined to certain areas or if they would be allowed
into the libraries.
Ms. Brown stated those purchasing items would be confined to a limited area that would be clearly designated.
RESOLUTION 18042 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and
approved unanimously. ~-.
8. RESOLUTION 18043 AMENDING THE YOUTH AT RISK PROJECT AWARD FROM THE
UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
SIGN THE AMENDMENT TO THE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA - On 7/1/92, the 4-H began a Latchkey Program at Lauderbach Community Center. The 4-H
organization is a subsidiary of the University of California Extension Service. In January of 1993, the 4-H
requested that the City act as a subcontractor to expand youth-at-risk programs at Lauderbach Community Center.
On 3/8/94, the City signed an agreement with the University of California for the 4-H Program. Council amended
the agreement on 9/20/94 for a one-year period. To continue to receive funds for the 4-H programs, the City must
amend its present agreement. Staff recommends approval of the resolution. (Director of Parks and Recreation)
9. RESOLUTION 18044 AUTHORIZING THE PURCHASE OF POLICE PATROL VEHICLES ON
COOPERATIVE BID- The fiscal year 1995/96 equipment replacement budget provides for the purchase of five
Police patrol vehicles including outfitting of those vehicles. Resolution 6132 authorizes the City to participate in
a cooperative bid with other governmental agencies. The City is able to obtain the vehicles via the City of San
Diego Bid Number C4863/96. Staff recommends approval of. the resolution. (Director of Public Works)
10. RESOLUTION 18045 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF CAB
AND CHASSIS WITH MOUNTED HYDRAULIC SEWER FLUSHING MACHINE - The fiscal year 1995/96
equipment replacement budget provides for the sewer section of Public Works. On 9/11/95, bids were accepted
for purchase of a hydraulic sewer flushing machine. Staff recommends approval of the resolution. (Director of
Public Works)
Councilmember Moot questioned the cost of the machinery in 1994/95 when purchased.
David Byers, Deputy Director of Public Works/Operations, responded that it was approximately $88,000.
11. RESOLUTION 18046 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF ONE
ALL-WHEEL DRIVE UTILITY VEHICLE - The fiscal year 1995/96 equipment replacement budget provides
· I
Minutes
September 26, 1995
Page 3
for the replacement of one all-wheel drive utility vehicle to replace the vehicle currently used by the Public Works
Maintenance Superintendent. The utility vehicle is needed for field inspection of Public Works Office crews and
inspection of the silt basins in canyon areas. Staff recommends approval of the resolution awarding the contract
to Bob Baker Ford. (Director of Public Works)
12. RESOLUTION 18047 ACCEPTING BIDS AND AWARDlNG CONTRACT FOR PURCHASE OF A
CAB AND CHASSIS WITH MOUNTED AERIAL LIFT AND CHIP BODY - The fiscal year 1995/96
equipment replacement budget provides for the purchase of one replacement aerial lift with chip body for the Street
Tree section of Public Works. On 9/5/95, the Purchasing Agent accepted bids for purchase of an aerial lift with
chip body. Staff reconunends approval of the resolution awarding the contract to Dion Intemational. (Director of
Public Works)
13.A. RESOLUTION 18048 APPROVING FINAL MAP OF TRACT 90-02, RANCHO DEL REY, SPA III,
PHASE 2, UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREET DEDICATED
ON SAID MAP, ABANDONING A PORTION OF PASEO MARGUERITA, 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 90-02, Rancho del Rey SPA III. On that tentative map,
phase and unit boundaries were delineated. Staff recommends approval of the resolutions. (Director of Public
Works)
B. RESOLUTION 18049 APPROVING FINAL MAP OF TRACT 90-02, RANCHO DEL REY, SPA III,
PHASE 2, UNIT 4, 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,
ABANDONING CERTAIN EASEMENTS FOR SLOPE PURPOSES AND SEWER PURPOSE, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Councilmember Moot declared a conflict of interest and abstained from participation due to his rims
representation of McMillin.
Councilmember Rindone questioned the status of lot #11 on the final map of Phase II, community facilities
utilization.
Clifford Swanson, Deputy Director of Public Works/City Engineer, informed Council that the Planning Director
was not present.
Councilmember Rindone stated he did not want to hold up the proceedings as it did not affect the action before
Council, but requested an informational memo on the status of the project, how the lot would be utilized, and any
current prospects.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING CONSIDERING A CONDITIONAL USE PERMIT PCC-95-47 TO ESTABLISH
A 20,000 SEAT OUTDOOR AMPHITHEATER AND AN OPEN AIR MARKET LOCATED AT THE
SOUTHWEST QUADRANT OF OTAY VALLEY ROAD AND OTAY RIO ROAD - BITTERLIN-BRICE
DEVELOPMENT PARTNERS FOR MCA CONCERTS, INC. AND KOBEY'S CHULA VISTA MARKET
PLACE, LLC; AND CONSIDERING THE VACATION OF VARIOUS STREETS IN OTAY RIO BUSINESS
PARK - Bitterlin-Brice Development Partners as representatives of MCA Concerts, Inc. is proposing to construct
Minutes
September 26, 1995
Page 4
a 20,000 seat capacity amphitheater in the Otay Rio Business Park located at the southwest quadrant of Otay Valley
Road and Otay Rio Road. Also, Kobey's Marketplace proposed to operate an open air market on the site on certain
days of the week when the amphitheater is not in use. Staff recommends the public hearing be continued to
10/3/95. (Director of Community Development, Director of Planning and Director of Public Works)
This being the time and place as advertised, the public hearing was declared open.
Mayor Hotton stated those speakers unable to attend the 10//03/95 meeting would be heard. Those speaking would
not be recognized at the 10/03/95 meeting.
· Mary Ann DeLaHunt, 1704 Harvard Street, Chula Vista, CA, stated the speakers from the amphitheater
would be aimed at the back of their home and expressed her concern regarding the noise impacts. She was further
concerned regarding fireworks and laser shows due to the noise and visual impacts and the potential loss in equity
in their homes. The neighborhood had not been informed regarding the proposed project.
· Lee Kienholz, 696 Arrow Point Court, Chula Vista, CA, representing Point Robinhood Homeowners
Association, waived his time.
· Curtis J. Corn, 4429 Loma Passeo, Bonita, CA, stated he owned the 120 acres next to the proposed
amphitheater site. He had been informed that the operators of Phase I had removed approximately 100,000 cubic
yards of toxic waste on to Phase II, which he owned the Trust Deeds on. The debt owed to him was $3 million.
He had been informed that the cost of removing the toxic waste dump was approximately $2 million. He and his
attorneys intended to file a lawsuit due to the hazardous waste. They were also checking on the government
agencies that permitted the transfer of toxic waste from one phase to the other. One of the reasons they sold
property in 1985 was because they did not have legal access to the property. The two streets that would be vacated
were the only access to his property. He could not foreclose on his property due to the toxic waste and there had
been interest regarding the purchase of the property. In the Precise Plan approved by the City in 1988 the 120 acres
that he had the encumbrance against had 15 acres of residential zoning which had not been discussed. He put the
City on notice as he felt it was a taking of his property if the access was eliminated, if the 15 acres of residential
was eliminated, and if the amphitheater was approved. He requested that the amphitheater not be built. He further
requested information on what was happening as he was the property owner that would be the most impacted by
the amphitheater. He wanted information regarding legal requirements to furnish him something comparable if the
streets were vacated and access to his property was denied.
Mayor Horton stated staff would meet with Mr. Corn to address the issues.
Mr. Goss informed Council that it was the site that had been identitied for a joint corporation yard for the City and
Sweetwater High School District.
Chris Salomone, Director of Community Development, stated staff was aware of all the issues and had been in
contact with Mr. Corn and his attorneys throughout the process.
· David C. Hunter, 1063 Waterville Lake Road, Chula. Vista, CA, felt the amphitheater was too costly for
what would be gained. He expressed his concern regarding the anti-social behavior prior to, during, and after
concerts by concert goers, i.e. sleeping in the streets, drugs, violence, etc. He further expressed his concern
regarding the costs to the community for police coverage and traffic impacts.
· Robert Moriarity, Chula Vista, CA, waived his time.
· Gale Moriarity, Chula Vista, CA, waived her time.
MS (Moot/Padilla) to continue the public hearing to the meeting of 10/03/95.
Councilmember Alevy questioned if staff felt Council would have sufficient information at the 10/03/95 meeting
to make a judgement on the proposal.
Mr. Salomone responded that Council would have all the information available. The City had never reviewed an
amphitheater project and, therefore, it was difficult to answer the question. The information would also contain
Minutes
September 26, 1995
Page 5
the recommendations from the all various boards/commissions that had reviewed the proposal. There was a
proposal on the Bayfront and staff was still gathering information on that facility.
Councilmember Alevy stated there was more than one proposal and questioned if Council would have sufficient
information about both proposals to make a decision on which would be the preference of the Council.
Mr. Salomone replied that staff would provide all the information available. Staff did not have the amount of
information on the Bayfront proposal that they had on the MCA proposal. He felt there was critical information
regarding the Bayfront proposal that staff did not have and may not have by next Tuesday.
Councilmember Alevy was concerned that the public would be at the 10/03/95 meeting, Council would be taking
a lot of time studying the MCA proposal, and that Council would not be able to make a decision because they would
feel that they did not have enough information. He questioned if the public hearing should be continued for a longer
period of time.
Mr. Goss stated staff felt that if it was a matter of deciding on the specific project there would be enough
information provided. If it was Council's purpose to consider both proposals at the same time, there was not
enough information on the Bayfront proposal at the present time. It depended upon what Council's focus was next
Councilmember Padilia felt one of the major impacis on Council's decision regarding an amphitheater dealt with
timing. He questioned if Council would be able to have a cursory report included with the MCA material
addressing some of the same impact issues for the Bayfront proposal, i.e. time frames, noise impacts, etc. He was
concerned staff would not be able to present two proposals for consideration.
Mr. Salomone stated staff could provide the information currently available. The City of Chula Vista had no
jurisdiction over the Bayfront site and staff had to rely on information received from the consultant working for the
applicant and from the Port staff'. Staff could provide time schedules, the environmental information, a description
of the facility, and if they were willing to release it, a site plan or elevation of the facility.
Mr. Goss stated Council could receive the information presented next week and at that time he felt Council would
have a better determination of where they wanted to go with the proposal, i.e. to vote the MCA proposal up or
down, wait, how long they may want to wait, etc.
AMENDMENT TO MOTION: (Padilia, Seconded by Maker of Motion) to direct staff to include all
information available on the competing proposal as an addendum to the MCA report. Information to include
the latest updates from the Port staff and the investor regarding status of proposal and any comparison to
the MCA proposal.
VOTE ON MOTION, AS AMENDED: approved unanimously.
15. PUBLIC HEARING ZONING TEXT AMENDMENT PCA-96-01; REQUEST TO ADD WORDING TO
SECTION 19.68.020 T.1 OF THE MUNICIPAL CODE WItlCH WOULD CLARIFY THAT NOISE
ASSOCIATED WITH THE NORMAL OPERATIONS OF ANY LAND USE APPROVED BY A
CONDITIONAL USE PERMIT IS CONSIDERED "ENVIRONMENTAL" RATHER THAN NUISANCE
NOISE - BITTERLIN-BRICE DEVELOPMENT PARTNERS, AGENTS FOR MCA CONCERTS, INC. -The
amendment would clarify the distinction between "nuisance noise" as opposed to "environmental noise" as it would
relate to conditional uses in general and the operations of the MCA Amphitheater in particular. The Environmental
Review Coordinator has concluded that the text amendment is exempt from environmental review pursuant to
Section 15061(b)(3)of the Califomia Environmental Quality Act. Staff recommends the publichearin~beeontinued
to 10/3/95. (Director of Planning)
This being the time and place as advertised, the public hearing was declared open.
MS (Alevy/Moot) to continue the public hearing to the meeting of 10/03/95.
Minutes
September 26, 1995
Page 6
Councilmember Rindone stated the City of Chula Vista did not have jurisdiction over the Bayfront proposal.
Therefore, if there was an amphitheater within the City of Chula Vista, it would have to be decided by Council after
review of the MCA proposal.
Mayor Horton stated even though the Council would not make the decision regarding the Bayfront proposal the City
would ultimately approve the go ahead of allowing the project into the community.
Mr. Salomone stated there were a number of inter-jurisdictional actions that the City would have to take regarding
a Bayfront facility. The City would not be involved in the planning or final approval of facility itself.
Councilmember Moot stated the City would have input regarding the EIR.
Mr. Salomone responded that was correct.
VOTE ON MOTION: approved unanimously.
ORAL COMMUNICATIONS
· Steve Palma, 176 Montgomery Street, Chula Vista, CA, representing the Otay Committee, waived his time.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 7. The minutes will reflect the published agenda order.
OTHER BUSINESS
16. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Mr. Goss stated he had attended a Port Commission meeting regarding their CIP
program. They did not adopt the program, but directed staff to follow through with the proposed program. The
program basically ~t closely with Chula Vista's proposal. He felt the Port staff had done a good job in balancing
31 projects over 7 years for the 5 cities. He would send Council a report regarding the changes that had been made
to the program. He felt Chula Vista had been treated very fairly.
17. MAYOR'S REPORTfS) - None
18. COUNCIL COMMENTS
Councilmember Rindone
® Councilmember Rindone stated he had been contacted by a former mayor questioning whether the parking
fees and fees from parking citations in the downtown business area were utilized for parking lot facilities, support
of the DBA, or if they went into the General Fund.
II
Minutes
September 26, 1995
Page 7
Mr. Goss responded that it was his understanding that the revenues from the parking meters went into a parking
fund which was used for parking lots. He was uncertain about the parking citation fees. Staff was not present to
address the revenues from parking citations and he would forward a memo to Council.
Councilmember Rindone stated the former mayor was also a businessman on Third Avenue and it was his
understanding that not only the money from the parking meters, but also the revenues from the parking citations
should go to the DBA and parking lots. There was a great deal of frustration among the business owners on Third
Avenue and there needed to be clarification.
Councilmember Alevv
· Councilmember Alevy informed the public that AIDS Walk San Diego would be on Sunday, 10/01/95 and
he and his daughter would be walking on behalf of Team Chula Vista. Last year Team Chula Vista was the leading
team in raising over $7,500.
· Adult Softball Fees and impact of previous Council action in revising fee by $50. Councilmember Alevy stated
since the fee had been raised for adult softball approximately 30% of the teams in the league just starting had pulled
out of the league and were finding other places to play. Therefore, the reality was that there was a negative impact
on the budget versus the positive that Council had hoped for. He requested that staff' address the issue.
Mr. Goss responded that the resident men's teams had decreased from 73 in fall 1994 to 71 for fall 1995; non-
resident men's decreased from 12 in fall 1994 to 1 for fall 1995; resident coed increased from 27 in fall 1994 to
29 for fall 1995; and non-resident coed remained at 2 for fall 1994 and 1995.
Jess Valenzuela, Director of Parks & Recreation, stated registration was slowly coming in and registration was down
approximately 10% from the previous year overall.
Councilmember Alevy stated there was a difference of about 11 teams from the 1994 season to the 1995 season.
It appeared to him that there was a negative impact on the budget.
Mr. Goss responded that the loss based on the 13 men's teams lost would be approximately $4,810 and the
additional $50 charged to the participating teams and the two additional resident coed teams was approximately
$5,890 which was approximately $1,000 in additional revenues.
ADJOURNMENT
ADIOURNMENT AT 6:55 P.M. to a Special Meeting of the City Council on October 2, 1995 at 5:30 p.m. Council
Conference Room, thence to the Regular City Council Meeting on October 3, 1995 at 4:00 p.m. in the City Council
Chambers.
A Joint Meeting of the City Council/Redevelopment Agency convened at 6:55 p.m. and adjourned at 7:05 p.m.
CLOSED SESSION
Council met in Closed Session at 7:08 p.m. to discuss Chammas vs. the City of Chula Vista, reconvened at 8:00
p.m. and adjourned at 8:00 p.m.
19. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government
Code Section 54956.9
· Chammas vs. the City of Chula Vista.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid~Management, and Unrepresented.
Minutes
September 26, 1995
Page 8
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: Executive Management, Mid-Management, and Unrepresented.
20. REPORT OF ACTIONS TAKEN 1N CLOSED SESSION - No reportable actions were taken in Closed
Session.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Vicki C. Soderquist, CM~y City Clerk