HomeMy WebLinkAboutcc min 1995/12/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, December 19, 1995 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Hotton
ALSO PRESENT: Sid W. Morris, Assistant 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: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Elizabeth Karin Cox - Youth Commission. The oath of office was administered by City Clerk
Authelet to Elizabeth Cox.
b. Boys and Girls Club of Chula Vista's recognition of the American Golf Company for their assistance in Club's
golf tournament fund raising event. Stephen Melvin, Board President, presented a recognition plaque to Ric
Crochet, Golf Course Manager. Presentation was not made by the Boys and Girls Club.
CONSENT CALENDAR
Citems pulled: 8, 9, lIB, and 12)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was
waived, passed and approved unanimously with Moot abstaining on Item 13.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken
in Closed Session on 12/5/95, Council deliberated on the compensation structure for middle manager
positions, unrepresented positions and executive manager positions. Council voted to grant to middle
managers and members of the unrepresented group hired prior to 1/1/95 and continuously employed
thereafter, a stipend of $200, and to grant to executive managers a day off with pay to be used or lost during
1996. There were no actions taken in Closed Session on 12112/95. It is recommended that the letter be rec/ived
and filed.
b. Letter of resignation for Andrew Delgado - Mobilehome Rent Review. It is recommended that the
resignation be accepted with regret and the City Clerk be directed to post immediately aceordlng to the Maddy Act
in the Clerk's Office and the Public Library.
c. Claim against the City: Claimant - Charles Keith Hawkins, 476 Bedand Way, Chula Vista, CA 91910. Due
to remote liability on the part of the City, it is recommended by the City Attomey's Office and Risk Management
that the Claim be denied.
6. ORDINANCE 2657 AMENDING VARIOUS SECTIONS OF CHAPTER 2.60 OF THE MUNICIPAL
CODE REGARDING LOST AND STOLEN PROPERTY (second reading and adontionl - Currently the
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December 19, 1995
Page 2
Municipal Code does not provide for the donation of property to charitable organizations. The amendment will
allow for such in the future. Staff recommends Council place the ordinance on second reading and adoption. (Chief
of Police)
7. ORDINANCE 2658 APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I
EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY)
AND CONSIDERING AN ADDENDUM TO FSEIR-86-04 (B) (second readinl and adoption) - The purpose
of the amendments are to relocate two neighborhood park parcels, expand the area available for comrn~lity purpose
facilities, transfer densities among parcels within the SPA, adjust land use and parcel boundaries and designate
parcel R-26 for low income housing in accordance with the recently adopted EastLake Affordable Housing Program
and EastLake Greens Affordable Housing Agreement. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Planning)
8. RESOLUTION 18161 ACCEPTING FEDERAL GRANT FUNDS MADE AVAILABLE BY THE
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (THE CRIME BILL) - On
2/28/95, Council authorized the City Manager to submit appropriate COPS AHEAD applications. As a result, the
City has been awarded $300,000 to fund four peace officers for the period of 4/1/95 through 3/31/98. Staff
recommends approval of the resolution. (Chief of Police) Pulled from the Consent Calendar.
Councilmember Padilia questioned if there was a mechanism in the COPS AHEAD program that required the grant
amount to be distributed over the three year period.
Richard Emerson, Chief of Police, responded that the City received $25,000/year per officer which was distributed
over the three year period. The amount that would be coming in over the four year period would be $300,000 and
the City would match that with their CDBG funds. Attachment B outlined the federal share and the City's match
per year. The City would have to submit a form accepting the money, but only accepting $107,000 in 1995/96,
$102,000 in 1996/97, and $90,000 in 1997/98.
Councilmember Padilia referred to Attachment A which stated that the Council had authorized the submission of
the COPS AHEAD and COPS MORE grants and directed the City Manager to bring forth a detailed Crime Bill
funding implementation plan for Council review and approval prior to the acceptance of any grant award resulting
from those applications. He questioned if the implementation plan would be forthcoming.
Chief Emerson stated a request for funding had been submitted for over $1 million for computer aided dispatch.
He had also just been informed that the City would receive a COPS MORE payout in excess of $780,000. The
project was not a finished product and staff was still trying to put it together. Attachment B outlined the funding
sources over the three year period. He recommended that the item be continued to allow staff to make copies of
the funding plan for Council.
Mayor Horton trailed the item for further information.
Councilmember Padilia stated he had been given a new Attachment B which answered all his questions. He
requested that staff continue to provide such information on a yearly basis on each grant so Council would have
flexibility regarding budgeting, etc.
RESOLUTION 18161 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived.
Mayor Horton questioned if any of the $780,000 grant funding could be utilized for additional police officers.
Chief Emerson responded that the grant application was for technology, but after reviewing the fax it referenced
resulting FTE's (full time equivalents). He was uncertain what that was specifically addressing and would seek
clarification. A grant had been submitted to the federal government for $150,000 for a domestic violence program.
VOTE ON RESOLUTION 18161: approved unanimously.
* * * Council recessed at 8:50 p.m. and reconvened at 8:55 p.m. * * *
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December 19, 1995
Page 3
9. RESOLUTION 18162 APPROVING THE AGREEMENT WITH ESGIL CORPORATION TO PROVIDE
PLAN CHECK ENGINEERING SERVICES, AND AUTHORIZING MAYOR TO EXECUTE SAME - The
agreement provides staff with a n~cessary resource of enginesring expertise for projects which require complex
engineering analysis. Staff intends to utiliz~ the consultant's services for those projects requiting advanced
engineering skills for plan review. All fees are generated by the payment of plan check fees borne by the applicant.
Staff recommends approval of the resolution. (Director of Building and Housing) 4/$th's vote required. Pulled
from the Consent Calendar.
Councilmember Moot questioned what made a contractor an FPPC filer and why the recommended contractor was
determined not to be an FPPC flier.
Mr. Booguard responded that the criteria was whether or not the staff provided an independent evaluation on their
consultation or advice. If they did, it was then deemed that the consultant would not be an FPPC flier. The
Building Department would evaluate the plan checking services offered and provide their own independent advice
as to whether the plan checking services were adequate. Staff had to determine whether them was a potential for
corrupt decisions.
Ken Larsen, Director of Building and Housing, stated the funding source came through the department and the
contractor was an extension of staff focusing only on services rendered for plan review services. The contractor
at no time was in contact financially with an applicant. There was no opportunity to be in direct communication
with the permit applicant. The consultant would not be providing field inspection services so they would only
supply services on a portion of the project.
Councilmember Moot questioned if the contract expired on 6/30/94 and if there were current plans to utilize the
contract.
Mr. Larsen replied that the contract had expired 6/30/94. The department hired an individual with higher
engineering expertise and as a result the only project the consultant was utilized for was the Wal-Mart Store due
to a unique foundation analysis that had to be performed. That was done through a purchase order on a one time
basis for that specific project. The present climate had changed and there was a staffing reduction with several
complex projects in the fumra. The City had also committed to the Building Industry Association through the Tour
de Elegance that the City would be able to process plans through the furlough period.
Councilmember Rindone stated both he and the Mayor had been concerned regarding adequate staffing levels and
that when vacancies occurred that staff be proactive in filling those vacancies with skills and expertise that would
compliment existing staff. Hequestionediftherewasamovetowardreturoingstaffmglevelsto three plan checkers
and if the Council could be assured that the consultant would be used on a case-by-case basis and not to balance
staffing needs.
Mr. Larsen replied that the recruitment process had been completed for the Plans Examiner position and it was
anticipated that the position would be filled the first week in March. He felt Council's direction was clear.
RESOLUTION 18162 OFI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Mr. Boogaard requested that based on the concerns of the consultant and negotiations at the staff level that the Hold
Harmless paragraph, page 19-9, be replaced with the compromise language which was acceptable to the City
Attornoy's office.
AMENDMENT TO MOTION: (Rindone/Padilla) to amend the Hold Harmless paragraph ofthe agreement.
VOTE ON MOTION, AS AMENDED: approved unanimously.
10. RESOLUTION 18163 APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE CITY
OF SAN DIEGO AND THE SAN DIEGO TECHNOLOGY COUNCIL TO WORK COOPERATIVELY TO
IMPLEMENT THE ACTIVITIES OF THE SAN DIEGO DEFENSE CONVERSION PROGRAM WHICH
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December 19, 1995
Page 4
INCLUDES THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) - A condition of the
Federal Economic Development Administration grant for BECA requires the City of Chula Vista, City of San
Diego, and the San Diego Technology Council to execute a non-financial Memorandum of Understanding. Staff
recommends approval of the resolution. (Director of Community Development)
II.A. RESOLUTION 18164 REJECTING LOW BID FOR NON-COMPLIANCE WITH THE CITY'S
DISADVANTAGED AND WOMEN OWNED BUSINESS PROGRAM REQUIREMENTS FOR
"CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY, FISCAL YEAR
1995/96 PROGRAM (ST-513)" - Sealed bids were received on 10/25/95. The work to be done consists of removal
of curbs, gutter, and sidewalk and the construction of sidewalk ramps on various streets. Staff recommends
approval of the resolutions. (Director of Public Works)
B. RESOLUTION 18165 ACCEPTING BIDS AND AWARDING CONTRACT TO THE SECOND LOW
BIDDER FOR "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY,
FISCAL YEAR 1995/96 PROGRAM (ST-513)" AND AUTHORIZING STAFF TO INCREASE QUANTITIES
TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT Pulled from the Consent Calendar.
Councilmember Rindone questioned the City's present DBE requirement and if it was an approved Council policy.
Chris Salemone, Director of Community Development, replied that the City opcrat~l under the guidelines of the
Housing and Urban Development (HUD) Department of the federal government. They were sot goals and not
obligations, but were monitored through an auditor every year. Therefore, the bid specifications advised the bidders
that they had an obligation to minority business owners, women business owners, and disadvantaged business
owners. They were supplied with lists of eligible contractors in the county and when their bids were submitted the
Community Development Department worked with them if they had not complied to encourage their compliance.
The Department also reviewed the bids, checked with the people contacted, and then issued an opinion. There was
not a formally adopted Council policy, but the City functioned under the federal guidelines.
Councilmember Rindone stated that the staff report was incorrect in stating that the bidder "met all the City's
requirements ".
Mr. Salemone responded that was correct and staff would provide Council with a report on the language and goals
as stipulated in the federal regulations.
Councilmember Moot questioned how the letter was delivered to the bidder.
Mr. Lippitt responded that it was delivered by mail.
Councilmember Moot pointed out that if it was sont out on a Thursday, with a deadline of Monday to respond, it
was only three days and not five days to respond due to the intervening weakend.
RESOLUTION 18165 OIq~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved unanimously.
12.A. RESOLUTION 18166 APPROVING FINAL MAP OF TRACT 88-3A, EASTLAKE SOUTH GREENS
UNIT 4 ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID
MAP, REJECTING 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 THE MAYOR TO
EXECUTE SAID AGREEMENT - On 7/18/89, Council approved the Tentative Subdivision Map for Tract 88-3,
EastLake Greens. On 8/16/94, Council approved Tentative Map 88-3A and imposed additional conditions of
approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as
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December 19, 1995
Page 5
EastLake South Greens. Staff recommends approval of the resolutions. (Director of Public Works) Pulled from
the Consent Calendar.
B. RESOLUTION 18167 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR EASTLAKE SOUTH GREENS UNIT 4 REQUIRING DEVELOPER TO COMPLY WlTH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER 15200 AND 17618, AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
RESOLUTIONS 18166 AND 18167 OFFERED BY MAYOR BORTON, reading of the text was waived,
passed and approved unanimously.
13. RESOLUTION 18168 ORDERING THE SUMMARY VACATION OF A PORTION OF CERTAIN
DRAINAGE, SEWER AND ACCESS EASEMENTS IN LOT 10 OF MAP 13176, TRACT 90-02, RANCHO
DEL REY SPA IlI- Rancho del Rey Investors, L.P., in care of McMillan Project Services, Inc., has requested
vacation of a portion of certain drainage, sewer and access easements. The easements have no public facilities
within them and will be superseded by relocation of the utilities originally intended for the easements. Staff
recommends approval of the resolution. (Director of Public Works)
Councilmember Moot stated he would abstain from participation in order to avoid a conflict of interest due to the
representation of McMillan by his law firm.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING CONSIDERATION OF REFUSE COLLECTION RATE ADJUSTMENT
RELATED TO INCREASED DISPOSAL COSTS AT THE COUNTY LANDFILL FOR THE RESIDENTIAL,
RESIDENTIAL YARDWASTE, AND COMMERCIAL CONTRACTS - On 11/14/95, in response to a request
h'om Laidlaw Waste Systems, Inc., Council directed staff to evaluate the need to amend the Municipal Code in
order to allow Laidlaw to fully recover charges incurred in the disposal of refuse at the County landfill, and to
recommend any necessary rate adjustments based on unrecovered costs. Staff recommends Council adopt the
urgency ordinance and approve the resolution. (Director of Finance) Continued from the meeting of 12/5195.
A. ORDINANCE 2656 AMENDING SECTION 8.23.090 B.3. OF THE MUNICIPAL CODE TO ALLOW
THE REFUSE COLLECTION FRANCHISE TO FULLY RECOVER LANDFILL PROCESSING COSTS
THROUGH CUSTOMER BILLING RATES (urgency) - 4/5th's vote required
B. RESOLUTION 18146 APPROVING INCREASES IN THE LANDFILL/PROCESSING COST RATE
COMPONENT FOR THE RESIDENTIAL, THE RESIDENTIAL YARDWASTE, AND THE COMMERCIAL
CONTRACTS EFFECTIVE JULY 1, 1995, WITH THE RATE PAYERS BILLING RATES TO BE
ADJUSTED BEGINNING JANUARY 1, 1996
Robert Powell, Director of Finance, stated on 12/5/95 thre~ issues were raised by Council, i.e. reimbursement of
past un-reimbursed costs for landfill fees paid by Laidlaw and not recovered from the rate payers; the ability of the
City to verify the data supplied by Laidlaw regarding the weight of the refuse disposed at the landfill and how that
impacted Laidlaw's costs; and customer notification. The supplemental information presented Council addressed
those issues.
Councilmember Rindone questioned what the rate would be without the pass through.
Mr. Powell responded that it would be $12.92 without the pass through.
This being the time and place as advertised, the public heating was opened.
II
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December 19, 1995
Page 6
® Jim Weaver, 881 Energy Way, Chula Vista, CA, representing Laidlaw Waste Systems, stated their request was
only a portion of the shortfall on the variance. Their request also did not include interest charges. They had
demonstrated that only a portion of the landfill expenses charged by the county had been passed through in the
existing rates. The practice of providing a complete pass through was not a new request or practice. A complete
pass through had been provided for in all the years preceding 1992 and an alternate interpretation had been applied
at that time which resulted in only a portion of the county fee being repaid to Laidlaw. They felt the complete pass
through was the intent of the contract and City ordinances. Laidlaw had always applied full landfill credit to the
recycling program when applying diversion credits each year to the residential rate versus a partial credit being
earned. Whether through an ordinance change or a letter of understanding they felt the issue could be resolved to
represent the Council's true intention of providing a real pass through of disposal, They did not feel Laidlaw should
benefit nor should they suffer from mandated increases or decreases as a result of the county's landfill system.
Those were investments that neither Laidlaw or the City could control, but were determined by a third party. He
then reviewed the history of the rates since June 1995.
Councilmember Rindone questioned why the adjustment proposed for 1/97 was not the same as 1/96.
Mr. Weaver responded that they suggested that the landfill reimbursement be set over a 12 month period versus 6
months.
There being no further public testimony, the public hearing was declared closed.
Cotmcilmember Alevy expressed his concern with the commercial rate.
Mr. Krempl stated $91.35 was the rate that was in effect as of 6/94 and was due to the surcharge charged by the
county at the landfill and passed through to the rate payers. That surcharge was discontinued and the rate was
lowered on July 1st.
Councilmember Alevy stated the rate would go from approximately $79/month to $9 1 /month per unit on 1/1/96 and
then drop down another $5.
Mr. IG'empl responded that was correct, the $78/month to $91/month would include the pass through, the
retroactivity, and the CPI and then it would go down as the pass through was eliminated.
Mr. Weaver replied that the rate represented the most common use and frequency, i.e. a 3 yard container/once a
week. There was an opportunity from a commercial standpoint for the individual businesses to receive further
benefit and a reduction and earn credits if they recycled. Laidlaw did not have a franchise to do that and, therefore,
could not control that. The reductions were reflected in the residential rate because Laidlaw could apply those
credits.
Councilmember Padilia stated his questions regarding accountability and verification of the weight data had been
addressed afier further investigation by staff. He wanted to be sure that there was appropriate data to substantiate
requests for any component. On the issue of reinterpreting the existing ordinance he did not have a problem and
was safsfied with the information provided.
ORDINANCE 2656 PLACED AS AN URGENCY ORDINANCE AND OFFERED RESOLUTION 18146,
reading of the text was waived.
Councilmember Moot requested that the votes on the ordinance and resolution be bifurcated.
Councilmember Rindone questioned why Councilmember Moot was requesting that the vote be bifurcated. The
issue before Council was a pass through of actual costs and did not generate any income, profitability, or loss to
Laidlaw and he supported it as there was appropriate verification. He was concerned that the letter of notification
of the rates would be viewed as an actual raise in charges by Laidlaw when in fact it was not. Previous council's
felt it was a critical issue to get clarification on the determination of the rate of return by Laidlaw or the basic
components. The letter indieatrxl that a change had been approved by the Council which would fully reimburse the
costs to Laidlaw through it's use of Otay Landfill in recognition of Laidlaw's last inflationary adjustment in July
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December 19, 1995
Page 7
1992 and that costs had increased. He did not feel that was reflective of what he had opposed as that was not the
issue. He felt there needed to be clarification or indication that there was a split vote. He did not feel the letter
of notification was acceptable because the rate of return was still an issue that had not been re. solved. Public
officials were responsible to monitor regulated monopolies.
Mayor Horton questioned what Councilmember Rindone was specifically recommending.
Councilmember Rindone responded that he wanted to see a better reflection of the action taken by Council. Under
the second paregraph, second line, 'The City Council approved the request..... * he requested that it state *On a
vote of 3-2 the City Council approved the request in recognition that Laidlaw's last inflationary adjustment was July
1992'.
Mayor Horton stated the Council approved the action on a 3-2 vote and in her opinion it was reflective of Council's
action as they did approve it.
Councilmember Rindone stated the two previous Council's efforts to get clarification of the issue had not reached
culmination to the satisfaction of staff or the full Council. It was an important issue and Council had to do
everything possible to obtain the lowest rates and maintain them at the lowest level. He felt it was a credibility and
responsibility issue and wanted an accurate reflection of what occurred.
Councilmember Alevy stated he understood Councilmember Rindone's comments and respected that. He felt
Council would do themselves a disservice by making a big deal out of the fact that there was a split vote. When
the Council voted, no matter what the vote, that was the unified decision of the Council. He was in favor of the
recommendation and felt the majority of the Council supported it.
Councilmember Rindone stated he did not concur with Councilmember Alevy's comments.
Councilmember Padilia stated he agreed with the substance of Councilmember Rindone's comments, but he did not
agree necessarily with the application. It was clear from the record and the vote as to what the issues were
regarding that particular component of the rate increase. It was also clear that it passed by a majority and what the
concerns of the minority were. He wanted to see that the individual components of any rate adjustment were clearly
delineated for the ratepayer. Although he agreed with Councilmember Rindone he did not feel it appropriate to
apply it to the present situation because the bills clearly showed what the components of the rate were.
Councilmember Moot stated he concurred with Councilmember Padilla's comments.
VOTE ON ORDINANCE 2656: approved 4-1 with Rindone opposed.
VOTE ON RESOLUTION 18146: approved 4-1 with Moot opposed.
15.A. PUBLIC HEARING PCM-96-07; CONSIDERATION OF AMENDMENTS TO THE EASTLAKE
GREEN SECTIONAL PLANNING AREA (SPA) PLAN PUBLIC FACILITIES FINANCING PLAN - The
amendments to the Public Facilities Financing Plan involve minor statistical and development phasing changes and
language reinstating EastLake's previous agreements to construct a previously deferred community center. Staff
recommends Council approve the resolution and accept the report. (Director of Planning) Continued from the
meeting of 12/12/95.
RESOLUTION 18169 APPROVING AMENDMENTS TO THE EASTLAKE GREENS PUBLIC FACILITIES
FINANCING PLAN COMPONENT OF THE EASTLAKE GREENS SECTIONAL PLANNlNG AREA (SPA)
PLAN
B. REPORT EASTLAKE PARK ISSUES - The report addresses an unresolved park issue associated with the
processing of amendments to the EastLake Greens Public Facilities Financing Plan (as identified in the GDP/SPA
Plan Amendment). The main focus of the report is to ensure that the community center identified in the EastLake
Park Agreement is financed and constructed by the EastLake Development Company.
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December 19, 1995
Page 8
This being the time and place as advertised, the public hearing was declared open.
· Bruce Sloan, 900 Lane Avenue, Suite 100, Chula Vista, CA, representing EastLake Development Company,
stated his comments were in reference to the staff report from 12/09/95. The issue centered around the funding
and provision of the commsmity center that was anticipated to be built along with the gym at the community park
within the EastLake Greens project. The staff report had done an excellent job in framing a complex issue, but he
felt the tone of the report indicated that EastLake was trying to pass the obligation of the community center off to
a third party outside of EastLake in it's entirety. In EastLake's alternative language for the PFFP they suggested
that EastLake contribute $309,000 as a deposit that would be held in the City's accounts in favor of EastLake
towards the construction of that facility. They also suggested that park development funds that were generated
within EastLake III could be used as a future source to fund the project. They further suggested that there might
be funds that would be available from other projects in the area, outside of EastLake III, that could be utilized.
He felt footnote #1 in the report was incorrect as there was no provision in the EastLake Greens Development
Agreement for using excess park development fee credits, The purpose of the EastLake Greens Development
Agreement was to limit the Greens park obligation and did not address any excess credits. He had submitted a letter
dated 11/17/95 which suggested alternative language for the PFFP and he requestat that Council consider that
language.
Councilmember Padilia stated in looking back at the language in the original agreement it was clear what the
improvements were and it also included a cost estimate. Therefore it seemed clear to him that there was an
obligation for a park improvement which included a community center and gym. He was concerned that there
should be a mechanism for a dual agreement on what those cost estimetes would be. There was no requirement
for a competitive bidding process and no justification for cost expenditures. He was also concerned that at some
point there was an increase in the size of one of the facilities and questioned when that was appruved by Council.
The applicant was bound to an agreement and then there was an increase with an associated cost impact.
Mr. Valenzuela replied that when the community center/gym was estimated it was in 1988 prices. Council was
advised, in conjunction with the EastLake Park Agreement, that the gym would probably be to small. At that time
Council decided to fold the construction of the community center within the Greens agreement and to forward the
gym fmsucing in the EastLake III agreement. Staff recognized that it would be too expensive to build all the
facilities because it was felt that the estimate was 'low ball, and the increased floor space would result in additional
costs. The City was not involved in the bidding process for the contractor to build the park, it was a single soume
bid.
Councilmember Padilia questioned if there was particular language regarding the time line for park improvements.
An estimate was being used as a guideline and the applicant felt that it was not a guideline, but a maximum
expenditure amount that would satisfy the park improvement obligation.
Mr. Valenzuela replied that language was included in the EastLake II agreement which stated that the park should
be cempleted by 8/91. There had been several starts and stops in the project related to the school district in order
to be in sync with their project. However, the City held off the August date because the funds were not available
to operate and manage the park.
Councilmember Padilia questioned if the City would normally consider that deferral as any type of acquiescerico
on the part of the City to relinquish an obligation.
Mr. Valenzuela stated he would defer to the City Attorney. Staff had been very clear that the City wanted the park
to be built, but as to when it would be built was a different story. The City had lost the five acres in EastLake I
because of the privatization of the area around the lakes and the Council at that time wanted to accelerate the park
facilities in EastLake Greens to mitigate that loss of public park land. Unfortunately, the timing and icing to
maintain the park was not in sync.
Mr. Boogaard stated because of the potential for settling the issue by litigation he recommended that Council meet
in Closed Session. He felt the prospect of litigation was eminent and he wanted to provide legal advice.
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December 19, 1995
Page 9
MS 0Iorton/Moot) based upon the recommended of the City Attorney to declare an urgency regarding
potential litigation and to meet in Closed Session to obtain legal advice.
Mr. Sloan stated a general contractor was selected for the project and they bid out each of the sub-trades. It was
all publicly bid, the bids were reviewed by staff, and he did not want the City to have the impression that the park
was built turn-key with the costs submitted. There was extensive staff involvement. The change in scope occurred
when the EastLake Greens Development Agreement and the EastLake III Development Agreement were brought
forward. At that time deferment of the gym had been discussed. EastLake was trying to get Council resolution
to the issue. If that was not possible and the City wanted to send the issue to an outside third party they were
amenable to that. If Council made a decision they would live by that. EastLake would not start filing lawsuits
against the City, they had avoided that in the past and did not expect to do that in the future. In times past they
had appeared before Council hand in hand with staff.
Mr. Boogaard stated that mediation or arbitration was an acceptable proceeding under the Brown Act to permit
discussion of the issue in Closed Session.
Councilmember Moot stated he had met with Mr. Sloan to discuss the issue and it was his understanding that Mr.
Sloan had met with other Councilmembers regarding the issue. During that meeting Mr. Sloen had identified a
particular contractual document that EastLake was relying on in suppert of EastLake's positions for numbers 1, 2,
and 3(a). He request that Mr. Sloan identify the document.
Mr. Sloan responded that was cogent. It was the EastLake Greens Development Agreement which was approved
by Council in 1990. The last line of Item 3Co) hinted toward the tone of the staff report. EastLake had suggested
that the obligation of other development companies in the City that had paid or would pay park funds could be a
source of funds. Short of that, EastLake anticipated that there would be park development fees that would be
generated through the development of certain portions of future property within EastLake that could also be used.
VOTE ON MOTION: approved unanimously.
* * * Council met in Closed Session at 7:10 p.m. and reeonvened at 7:55 p.m. * * *
Mayor Horton reported that Council voted in Closed Session to direct staff to meet with EastLake to reach an
agreement on the issue. The item would be continued to 1/16/96.
Mr. Boogaard stated it would be staff's recommendation to go forward with the amendment to the PFFP as
recommended by staff with the understanding that staff would be pursuing, in good faith, negotiations with
EastLake to settle the parks dispute, hopefully, by the end of January.
RESOLUTION 18169 OIq~'ERED BY MAYOR HORTON, reading of the text was waived, passed and
approved unanimonsly.
16. PUBLIC HEARING REVIEWING AND ADOPTING THE COUNTY OF SAN DIEGO INTEGRATED
WASTE MANAGEMENT PLAN AND COUNTYWIDE SUMMARY PLAN AND SITING ELEMENT - ~gLaff
recommends the public hearing, be continued to 1/16/96. (Conservation Coordinator)
MSUC (Rindone/Alevy) to continue the public hearing to the meeting of 1/16/96.
17. PUBLIC HEARING PCS-96-02; TENTATIVE SUBDIVISION MAP FOR THE EASTLAKE GREENS
UNIT 12, TRACT 96-02, INVOLVING 92 SINGLE FAMILY LOTS, TWO PUBLIC OPEN SPACE LOTS
AND A PRIVATE PARK PARCEL ON 21.5 ACRES AT THE SOUTHWEST CORNER SOUTH
GREENSVIEW DRIVE - EASTLAKE DEVELOPMENT COMPANY - The applicant has submitted a tentative
subdivision map known as EastLake Greens Unit 12, Tract 96-02, in order to subdivide 21.5 acres in 92 single
family detached lots, 2 open space lots, and a private park. Staff recommends approval of the resolution. (Director
of Planning)
Minutes
December 19, 1995
Page 10
RESOLUTION 18170 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION
MAP FOR EASTLAKE GREENS PARCEL R-12, TRACT 96-02
Mr. Boogasrd stated Item 17 was consistent with the SPA Plan and PFFP component and staff recommended
approval of the resolution.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
the public heating was declared closed.
RESOLUTION 18170 OI"FERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved unanimously.
ORAL COMMUNICATIONS
® Dennis Rowley, 209 Sea Vale Street, Chula Vista, CA, stated the issue of independent expenditures had been
raised more than two weeks ago and he felt it was too important to the citizens to be ignored. The present
regulations allowed persons outside of the City to make significant expenditures to influence the outcome of a Chula
Vista election which he felt was unethical. The issuance of a 30 day moratorium prior to election day would stop
last minute independent expenditures or require full and immediate exposure of all contributions.
Councilraember Rindone stated the issue of independent expenditures was referred to staff and he questioned when
it would be returning to Council.
Mr. Boogasrd responded that staff hoped to have it before Council by the second meeting in January.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
18. RESOLUTION 18171 APPROV1NG A SEWER SERVICE CHARGE REFUND TO THE
SOUTHWESTERN COLLEGE FOR THE PERIOD FROM OCTOBER 21, 1993 THROUGH JULY 21, 1995;
AND APPROPRIATING AN ADDITIONAL $64,600 THEREFOR - On 9/29195, die City Manager approved
a sewer service charge variance for Southwestern College. The Municipal Code allows for a refund retroactive to
ninety days prior to the date the variance application was submitted, which was 1/11/94. It is recommended that
Southwestern College receive a sewer service charge refund of $64,575.87 for charges paid during fiscal years
1993/94 and 1994/95 which were in excess of the revised method of billing approved in the variance. Staff
recommends approval of the resolution. (Director of Public Works)
Councilmember Rindone stated he concurred with the s~aff recommendation, but questioned if there were similar
issues with other public agencies and schools wiff~in the water district.
John Lippitt, Director of Public Works, responded that there were similar issues with other agencies. The City tried
to use the student ratio as opposed to the water usage as a base. Separate irrigation meters were being installed in
the newer schools to avoid the problem. There were no pending applications with any other schools.
RESOLUTION 18170 OFI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Staff
to look at all similar public agencies and schools within the water district to determine whether there was a
similar problem and, if there was, to bring the issues to Council for resolution.
Councilmember Alevy questioned if the older schools would be installing the separate meters.
Minu~s
December 19, 1995
Page 11
Mr. Lippitt replied that once the facility was built it was an extremely expensive procedure. Therefore, staff felt
the variance procedure was more cost effective.
Councilmember Alevy stated it was a considerable variance and it bothered him that Southwestern College had
closed the swimming pool and tennis courts to the Parks & Recreation program. He felt that those discussions
should be reopened.
Councilmember Padilia stated the calculations were extremely difficult to understand. The ordinance allowed a
retreattire period for refund 90 days preceding the date of filing of the variance application. According to the staff
report the variance fee was received by the City on 1/11/94 and he questioned when the application was received
and why there was such a long time delay.
Mr. Lippitt stated the application was received 1/11/94 and the period went back to 10/21/93. The fee and
application were received at the same time. The City Manager approved the variance in September and at that point
the College was not charged the higher rate. There had been several problems in checking the meters and getting
information to and from the College.
Councilmember Moot agreed that the calculation for the refund was extremely complex. He questioned how the
Council conld be sure that everyone similarly situated would be treated the same way. Was the City giving the
College a refund that was in any way different from refunds given to other schools similarly situated.
Mr. Lippitt stated it was a similar situation to several other schools. Unless a variance was requested the basis for
the sewer billing was the basic water usage. Staff had not surveyed all agencies or schools in the pest regarding
the problem, but staff had worked with those districts that had come forward requesting a variance.
Mr. Morris responded that the formula was the same, but the actual factors that resulted from that could vary.
Councilmember Rindone stated he did not feel the elementary and secondary school districts should have to discover
that a variance was avallable. The intent of his motion was to have staff determine whether any of the other schools
would be eligible for a variance and to work with those districts.
VOTE ON MOTION: approved unanimously.
19. REPORT CONTINUATION OF THE JOINT-USE AGREEMENT WITH THE SWEETWATER UNION
HiGH SCHOOL DISTRICT FOR USE OF THE LIBRARY FACILITY AT EASTLAKE HiGH SCHOOL -
The original three-year agreement with Sweetwater Union High School providing for joint use of the EastLake
Library will expire in June 1996. The current agreement allows for an extension of the nominal term. Staff
recommends Council accept the report and direct staff to negotiate a renewal for Couneil's approval. (Library
Director)
Councilmember Rindone stated he would abstain from participation as had been his policy when his employer was
involved in an item.
MSC (Alevy/Padilla) to accept the report and staff recommendations. Approved 4-0-0-1 with Rindone
abstaining.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 8, 9, lIB, and 12. The minutes will reflect the published agenda order.
OTHER BUSINESS
20. CITY MANAGER'S REPORT(S) - None
Minutes
December 19, 1995
Page 12
21. MAYOR'S REPORTfS)
· Mayor Horton thanked the Police Department, Fire Dcpartment, Sweetwater Union High School District, Chula
Vista Welfare Council, Chula Vista Elementary School District, Chula Vista Police Explorer Scouts, National City
Explorer Scouta, Chula Vista Parks & Recreation, Z-90 Radio Station, WaI-Mart Chnla Vista and South San Diego,
Chula Vista Target Stores, and Chula Vista K-Mart Stores in their efforts to collect food and toys. They assisted
411 families which included 1,248 children. She specifically thanked Captain Zoll for his efforts. Chula Vista
Cares had reised more than $12,000 and 8 tons of food and hundreds of toys. She thanked all City staff members
participating in the program and specifically the program coordinators, Berlin Bosworth, Donna Toledo, Nadine
McGee, Jeri Gulbransen, Dan Bientema, and Sid Morris.
22. COUNCIL COMMENTS
Councilmember Rindone
® MTDB: Contract ratification of bus operators' new agreement. Councilmember Rindone stated that there was
a shortfall of funding for mass transit in San Diego County. Just within MTDB there was a projected shortfall of
as much as $17 million which had major ramifications on not only current operations but expansion. In order to
try to resolve the issues on a regional basis a new committee had been formed with two members from MTDB, two
members from SANDAG, and two members from North County Transit. They would be looking a funding options
in order to keep buses, trolleys, and commuter rail operating and allocating resources on a regional basis. MTDB
had negotia~xt a five year contract with the operators of the transit system which provided a total wage package of
zero for all five years. It was an understanding that the funding and financial situation for mass transit was in a
perilous situation. He distributed a copy of the agreement to Council and requested that they read the materials.
Councilmember Alevv
· Councilmember Alevy invited all citizens to watch the Holiday Bowl Parade on 12/29/95 as Chnla Vista would
have an olympic theme entry.
· Councilmember Alevy stated he had recently visited Kiku Gardens which was a senior residence in the 1200
block of Third Avenue. The back and side of the facility adjoined Lauderbach Park which was a City facility. The
area was dark and there were problems with tcenagers jumping the fence between the two facilities and causing
problems for the msidants. The facility had extended the height of the fence and applied grease to the top of the
fence and neither effort had helped. He requested that staff work with Kiku Gardens regarding additional fence
height and lighting with a report back to Council in 2-3 weeks.
ADJOURNMENT
ADJOURNMENT AT 10:05 P.M. to the Regular City Council Meeting on January 9, 1996 at 6:00 p.m. in the City
Council Chambers.
A meeting of the Redevelopment Agency convened at 8:50 p.m. and adjouraed at 8:55 p.m.
CLOSED SESSION
Council met in Closed Session at 9:10 p.m. and reconvened at 10:05 p.m.
23. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· Chammas vs. the City of Chula Vista.
· Christopher vs. the City of Chula Vista.
· MCA litigation.
Minutes
December 19, 1995
Page 13
SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8
· Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista,
CA.
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.
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.
24. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions taken in Closed Session.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
by: Vicki C. Soderquist, CM~uty City Clerk
II