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HomeMy WebLinkAboutcc min 1994/07/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, July 12, 1994 Council Chambers 6:06 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Sid Morris, Assistant City Manager, Ruth Fritsch, Assistant City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: June 7, 1994 (Joint Meeting of the City Council and Redevelopment Agency); June 13, 1994; June 14, 1994, June 20, 1994; June 21, 1994; and, June 30, 1994. MSC (Moore/Rindone) to approve the minutes of June 7, 1994 (Joint Meeting of the City Council and Redevelopment Agency); June 13, 1994; June 14, 1994, June 20, 1994; June 21, 1994; and, June 30, 1994 as presented. Appr~vedunanim~uslywithC~unci~memberF~xabstained~ntheminutes~f6/3~/94~C~uncilmember Horton abstained on the minutes of 6/14/94 and 6/30/94, and Mayor Nader abstained on the minutes of 6/21/94. 4. SPECIAL ORDERS OF THE DAY: a. Presentation by Deric Prescott, Chairman, Chula Vista Youth Commission, and Pat Cavanaugh, Star News, of the armual "Reach for the Stars" scholarship to Michelle Milanio Rodriquez. b. Introduction by Nancy Tabeada, Chair, Intemational Friendship Commission, of students going to our Sister City, Odawara, Japan from July 14th - August 3rd. The following students were presented by Commissioner Luis Alvarez: Audra Baxter, Walter Estrada, Scan Kwiatkowski, Cristina Sanchez, and Barbara Steele. c. Oath of Office was administered by City Clerk Authelet to: Commission on Aging - Anne Fabrick and Ted Kennedy; Board of Appeals - Marshall Compton; Child Care Commission - George Hartman; Cultural Arts Commission - Archie McAllister, and Coleen Scott; Human Relations Commission - John Allen; International Friendship Commission - James Baker and Nancy Taboada; Planning Commission - John Moot, and; Resource Conservation Commission - Joe Ghougassian. CONSENT CALENDAR (Item pulled: 14) BALANCE OF THE CONSENT CALENDAR OI~IFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. Item #11 was continued to the meeting of 7/19/94 as part of the Consent Calendar. 5. WRITTEN COMMUNICATIONS: a. Letter requesting surplus equipment from the City - C. Hector M. Noriega Hdez, Comandante Opesativo Mpal., Radio Brigada De Auxilio Ed La Republica Mexicana A.C., Tijuana, B.C. It is recommended that this request be referred to staff for determination of available resources, and recommendations regarding policy action on the distribution of these resources. Minutes July 12, 1994 Page 2 b. Letter requesting entry signs into the City - Roderick F. Davis, Executive Director, Chula Vista, Chamber of Commerce, 233 Fourth Avenue, Chula Vista, CA 91910. It is recommended that this item be referred back to staff with direction to meet with Chamber staff to f~rther discuss the most appropriate type of sign and possible locations. c. Letter requesting support for an advisory measure on the November 1994 ballot to give local government jurisdictions the legal authority to decline to implement a program mandated by the State or Federal government without the full funding necessary to perform the mandates service, and discontinue a program mandated by the State or Federal govermnent when all funds provided by the State or Federal government for such a mandate have been expended -Pam Slater, Chairwoman and Dianne Jacob, Vice Chairwoman, Board of Supervisors, County of San Diego, 1600 Pacific Highway, Room 335, San Diego, CA 92101-2470. It is recommended that Council take a position to support these items and approve the resolution. RESOLUTION 17552 SUPPORTING AN ADVISORY MEASURE ON THE NOVEMBER BALLOT TO GIVE LOCAL GOVERNMENT JURISDICTIONS THE LEGAL AUTHORITY TO DECLINE TO IMPLEMENT A PROGRAM MANDATED BY THE STATE OR FEDERAL GOVERNMENT WHEN ALL FUNDS PROVIDED BY THE STATE OR FEDERAL GOVERNMENT FOR SUCH A MANDATE HAVE BEEN EXPENDED d. Letter requesting attendance at first meeting to be held on 7/13/94 at the Richard J. Donovan Correctional Facility on Otay Mesa regarding recycling facility at the prison - G. Kevin Carruth, Deputy Director, Planning and Construction Division, Department of Corrections, P. O. Box 942883, Sacramento, CA 94283-0001. It is recommended that Council authorize the City's Conservation Coordinator to attend the 7/13/94 meeting to observe and report back. 6. RESOLUTION 17553 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON JUNE 7, 1994, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - Staff recommends approval of the resolution. (City Clerk) 7. RESOLUTION 17554 RESCINDING PRIOR COUNCIL APPROVAL OF CONTRACT FOR ASPHALTIC CONCRETE, AND AWARDING CONTRACT TO CALIFORNIA COMMERCIAL ASPHALT CORPORATION - On 6/14/94, Council awarded the fiscal year 1994/95 contract to provide asphaltic concrete to Sim J. Harris. Staff subsequently discovered an erroneous assumption made in evaluating the bid of California Commercial Asphalt. Staff now recommends awarding the contract to California Commercial Asphalt and approval of the resolution. (Director of Finance) Councilmember Fox questioned what the consequences were of revoking the previously awarded bid. He also questioned whether Sim J. Harris understood it was within the rights of the City. Sid Morris, Assistant City Manager, responded that staff had discussed it with the City Attorney and it was felt there would be no repercussions. The City Attorney felt it was the appropriate action to take. Staff had discussed the action with Sim J. Harris and felt they were comfortable with the situation. 8. RESOLUTION 17555 APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER NUMBER SEVEN - Change Order Number 7, totaling $45,709, is composed of various components: 1) lighting; 2) sound insulation; 3) structural elements; and 4) other miscellaneous changes including application of bronze finish to skylights, door frame modifications, and upgrade of fire extinguisher cabinets. Staff recommends approval of the resolution. (Library Director and Director of Public Works) Minutes July 12, 1994 Page 3 9. RESOLUTION 17556 APPROVING AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE AND FIRE SERVICES FOR FISCAL YEAR (FY) 1994/95 THROUGH FY 1996/97, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The City has been negotiating with the San Diego Unified Port District on an agreement for the provision of City police and fire services to non-tax paying properties on the tidelands. The proposed agreement covers the next three fiscal years. The City will receive approximately $360,000 annually from the Port. Staff recommends approval of the resolution. (Management & Information Services) 10.A. RESOLUTION 17557 APPROVING AN AGREEMENT WITH THE CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Chula Vista currently has agreements with the cities of National City, Imperial Beach, and the Bonita-Sunnyside Fire Protection District to provide fire dispatch services. The proposed agreements, which are virtually identical, replace the existing dispatch contracts and the dispatch related components of the 1989 Bonita- Sunnyside automatic-aid agreement. The proposed agreements have no operational impact, authorize the City Manager to adjust the related fees on an annual basis, and minimize the potential for City liability associated with the provision of fire dispatch services. Staff recommends approval of the resolution. (Fire Chief) B. RESOLUTION 17558 APPROVING AN AGREEMENT WITH THE CITY OF IMPERIAL BEACH FOR FlRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION 17559 APPROVING AN AGREEMENT WITH THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 11. RESOLUTION 17560 AMENDING THE 1993/94 AND 1994/95 HOME PROGRAM DESCRIPTIONS AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The City annually receives an allocation of Home funds from the federal government. Every year the City submits a program description which describes the estimated use of those funds. An amendment to the program description is required whenever a change to the original description is necessary in order to accommodate a specific project. Staff recommends approval of the resolution. (Director of Community Development) Continued to the meeting of 7/19/94. 12. RESOLUTION 17561 APPROVING AN AGREEMENT WITH HUNSAKER AND ASSOCIATES TO PREPARE AERIAL PHOTOGRAPH, TOPOGRAPHIC MAPS AND A RECORD OF SURVEY FOR THE TELEGRAPH CANYON CREEK FROM TELEGRAPH CANYON ROAD TO FOURTH AVENUE AND AERIAL PHOTOGRAPHS OF MAIN STREET FROM INDUSTRIAL BOULEVARD TO FOURTH AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The fiscal year 1993/94 Capital Improvement Program (CIP) includes project DR-118 with the purpose of preparing the preliminary improvement plans for the Telegraph Canyon Creek from Telegraph Canyon Road to Fourth Avenue. A critical activity of the project is the preparation of aerial photographs, topographic maps and a record of survey of the project area. The CIP program also includes the preparation of the improvement plans for the widening of Main Street from Industrial Boulevard to Fourth Avenue (CIP Number ST-961). Due to the magnitude, expertise, and equipment necessary to perform the aerial mapping and the Record of Survey, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering firms. Staff received three proposals and has determined the firm of Hunsaker and Associates to be the most qualified. Staff recommends that Hunsaker and Associates be retained for a fee of $63,138 and approval of the resolution. (Director of Public Works) 13. RESOLUTION 17562 APPROVING TEMPORARY CLOSURE ON PALOMAR STREET AT THE MTDB SOUTH LINE GRADE CROSSING - The Metropolitan Transit Development Board (MTDB) has awarded Minutes July 12, 1994 Page 4 the "South lime Grade Crossing Improvement Project, LRT-652A" at Palomar Street to Herzog Contracting Corporation. To complete the necessary work, within the railroad right-of-way, the contractor has requested approval of two temporary weekend road closures at that location. The project will provide for smoother railroad crossing by motorists. Staff recommends approval of the resolution. (Director of Public Works) 14. RESOLUTION 17563 AUTHORIZING THE MAYOR TO SIGN THE OWNER'S CERTIFICATE ON BEHALF OF THE CITY CONSENTING TO THE FILING OF TENTATIVE MAP 94-02 - Sunland Communities, a guest builder for McMillin Development, is processing a tentative map for a residential development at the southeast corner of Rancho del Parkway and Rancho del Rey Boulevard in Rancho dal Rey. As part of the map, a land swap is proposed between McMillin Properties and open space lots owned by the City. Since the lots are shown on the tentative map, the ownership legend on the map is required to be signed by the City as owner. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) Pulled from the Consent Calendar. Councilmember PAndone questioned what the "other purposes" were other than open space and why the developer would give the City four and one-half times more property the City was giving for equal exchange. Clifford Swanson, City Engineer/Deputy Public Works Director, responded the lot configuration worked out such that the portion to be granted to the City was more than needed. The "other purposes" was standard wording utilized. It was primarily open space, but could include utilities as well. Cotmeilmember Rindone requested a memorandum from staff to clarify the issue. RESOLUTION 17563 OFI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 15. REPORT IMPLEMENTATION OF OFF-SITE MITIGATION MEASURES FOR IMPACTS TO THE CALIFORNIA GNATCATCHER AS A RESULT OF RANCHO DEL REY SPA III - McMillin Communities is currently proceeding with the preparation of final maps, improvement plans, etc. for Ranch Del Rey SPA III, which was approved by Council on 1/15/91. As a part of the development process, the Mitigation Monitoring and Reporting Program (MMRP) is being implemented. Numerous mitigation measures regarding the loss of Coastal Sage Scrub and its impact to the California Gnatcatcher were included in the Final EIR for the project and the MMRP. McMillin Communities is in the process of acquiring off-site mitigation land to comply with the mitigation measures, and has requested a letter from the City stating that O'Neal Canyon is acceptable off-site mitigation land for the project. Staff recommends Council accept the report. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL OF REFUSE - The County of San Diego and the newly-formed Solid Waste Authority have recently approved an increase in landfill tip fees from $43 per ton to $55 per ton effective 7/1/94. Accordingly, and consistent with Section 8.23.090 of the Municipal Code, Laidlaw has requested a rate increase in the landfill component of the current rate schedules. The proposed rate schedules do not include any changes in the operational costs due to the CPI increase, the franchise fee component, or the curbside recycling charge. Staff recommends approval of the resolution. (Deputy City Manager Krempl) RESOLUTION 17564 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE JULY 1, 1994 Minu~,s July 12, 1994 Page 5 Councilmember Fox questioned if the $55/ton tip fee applied to the agencies within the authority or if they had a different tip fee. George Krempl, Deputy City Manager, responded the fee applied to everyone. The JPA had commissioned a rate study and would be making a determination as to what the non-member rates could be. Mayor Nader questioned whether the City Attomey's Office was prepared to advise Council on the likelihood of a separate non-member surcharge and the legality of it. Mr. Krempl responded the issue would be on the agenda on the 7/19/94 agenda for potential discussion. Mayor Nader stated there were potential components of rate increases that were not included in the item. The item before Council only covered the increase in County land fill costs to Laidlaw and was a pass-through they were entitled to. He questioned if staff expected there to be other rate increase requests from Laidlaw. Mr. Krempl responded the City had received a letter of request from Laidlaw asking for adjustments to the yard waste program, recycling program, consideration for a CPI increase, etc. Staff had requested more information regarding their request and would have to do additional analysis before bringing them forward to Council. Mayor Nudes stated he understood the rationale of moving forward with the increase to cover the landfill costs, but questioned if Council could wait until all the rate increases for the year were known and do it at one time. He questioned how long it would take staff to review the adjustments that had been submitted. Mr. Krempl stated the applicant would have to respond to the question. The tip fee pass through was the largest component. Several of the adjustments could be ready in 2-3 weeks and others could take longer. A third party needed to be engaged in the CPI rate increase which would take longer. Staff would try to package as many increases as possible to bring forward to Council. It was also unknown what the JPA would do. Mayor Nader stated there were two issues, i.e. 1) what the JPA would do; and 2) what the City would do with their long term approach to refuse. He questioned the increase for the Senior Yellow Bag program rate and the existing single-family senior discount. Stephanie Snyder, Principal Management Assistant, responded that the $6.00 increase for the total purchase of the yellow bags accommodated a household for six months. The increase for seniors was $1.00/month. The senior yellow bag program was still in effect and rather than receiving the monthly charge of $14.43, the seniors would purchase bags which would allow them to put out one bag per week over a six month period. Councilmember Rindone questioned the percentage of the franchise fee. Mr. Krempl responded that it varied from the 8 % and was slightly lower than that for single families due to actions by Council to not increase the rate. Councilmember Rindone stated it was his understanding that if the item was approved by Council the amount of franchise fees currently paid, in total dollars, would remain exactly the same. There would be a decrease in the percentage, but the actual dollars would remain the same. Mr. Krempl responded that was correct. This being the time and place as advertised, the public hearing was declared open. ® Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, questioned if the host fee included a kick-back to the City. He requested the Attorney's Office render an opinion as to whether the a fee was legal and if the County had the right to impose the fee with a kick-back to the City. He felt it was a tax to the residents and not a fee. Minutes July 12, 1994 Page 6 Mr. Krempl informed Council the Solid Waste Joint Powers Authority and the County Board of Supervisors had rejected the notion of a host fee for the next year. Mayor Nader questioned whether the City could bundle the rate adjustments together for one increase without imposing an unreasonable burden. · Jim Weaver, 881 Energy Way, Chula Vista, CA, representing Laidlaw Waste Systems, stated he understood the benefit of only one rate increase, but due to the volatile situation with the landfills, the uncertainty in where the rates were going, the substantial impact it would have, and the large component it was in the total rate billed, he requested that the adjustment be made at the current time. The rate of $55/ton was the highest in California and the rates had escalated over 329% over the last five years at the County landfill. Mayor Nader questioned whether Laidlaw would be amenable to including an insert with the billing, over the Council or City Manager's signature, informing the rate payers of the reason for the increase, i.e. landfill costs; history; what the City was trying to do regarding the rates; and the City's regrets regarding the increase. Ms. Fritsch stated she had concerns regarding a violation of Proposition 73 if utilizing the Council's signature on such an insert. Mr. Weaver stat~xi they would welcome such an insert. Councilmember Rindone felt the information should be kept short and on the bill other than an insert which could be lost. There being no further public testimony, the public hearing was declared closed. Councilmember Moore felt any existing land fill or plant taking care of waste would increase costs to the user. If ~"~' the existing plant was not in place and the Otay landfill was expanded, the cost of business would go up because the roles had changed. The increase from $43 to $55 was minimal because a number of capital improvement projects for the solid waste management system were on hold. If those projects were needed, the costs would be substantially higher. The current action was only a stop-gap measure. The public needed to be informed that the local users would be paying the primary costs for all utilities because the federal government could no longer afford to do it. RESOLUTION 17564 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived. AMENDMENT TO MOTION: (Nader/Moore) to direct staff to design and provide to Council for information and then to Laidlaw for inclusion in their billing, a notice to ratepayers explaining the increase and the reasons for it. Mayor Nader stated the intent of his motion was not only that the City Manager sign off on the insert, but that Council would have an opportunity to review it before it was mailed. VOTE ON AMENDMENT: approved unanimously. VOTE ON RESOLUTION, AS AMENDED: approvod unanimously. 17. PUBLIC HEARING CONSIDERATION OF APPLICATIONS FILED BY CHARLES TIBBETT FOR 0.67 UNINCORPORATED ACRES LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND LYNWOOD DRIVE -A) GPA-94-03 AMENDDIG THE GENERAL PLAN FROM OFFICE COMMERCIAL AND RESIDENTIAL TO COMMERCIAL VISITOR; AND B) PCZ-94-B PREZONING TO C-V-P, COMMERCIAL VISITOR PRECISE PLAN - The application requests an amendment to the General Plan and prezonlng for 0.67 unincorporated acres at the southwest comer of Bonita Road and Lynwood Drive. The proposal is to redesignate the site from Office Commercial and Residential Low Density to Visitor Commercial and Minutes July 12, 1994 Page 7 prezone the parcel C-V-P, Commercial Visitor with Precise Plan. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of Planning) A. ORDINANCE 2595 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE PREZONING THE 0.67 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND LYNWOOD DRIVE TO C-V-P, COMMERCIAL VISITOR PRECISE PLAN (first reading) B. RESOLUTION 17565 AMENDING THE GENERAL PLAN AND PREZONE 0.67 ACRES LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND LYNWOOD DRIVE FROM OFFICE COMMERCIAL AND RESIDENTIAL LOW DENSITY TO COMMERCIAL VISITOR Ken Lee, Assistant Director of Planning, informed Council the Planning Commission had voted 6-0 to support the applicant's request. He then gave a brief review of the project. There was an access road that currently serviced the residential property immediately to the west and south of the subject site. The applicant purchased the site and access would be gained further south on Lynwood Drive. It also allowed the applicant to enter and exit the site from Lynwood and away from the intersection. Councilmember Moore questioned if the access from Bonita Road was entry only. Mr. Lee stated Bonita Road would accommodate right turns in and right turns out only. Lynwood Drive would allow left turns westbound turning at the signal at Lynwood and entry into the site. Councilmember Fox questioned the building height and how it compared to Pier I Imports. Mr. Lee responded that Pier I was approximately 26-27 feet. The design approved for the project was approximately 28 feet. Luis Hernandez, Associate Planner, stated Pier I Imports was higher at some points because of the architectural features. The proposed project would not be higher than Pier I. Councilmember Horton stated she was concerned with the visual impact on Bonita Road from the cars. She wanted to see a berm area, similar to the project on 'H" Street, to screen the cars. Mr. Lee responded the building had been moved closer to the road to screen the activity. There was also an extensive landscaping program along Bonita Road and the entry points. Councilmember Horton stated she wanted assurance there would be a berm with plantings to screen the lineup of cars. Mr. Lee stated that was understood. The actual height of the building was approximately 20 feet. Councilmember Rindone questioned why the land was not being annexed prior to Council action regarding a zoning change. Mr. Lee responded the annexation would follow the current action. The City was required to pre-zone prior to taking the annexation to LAFCO. In order to pre-zone the property the City had to have the zoning consistent with the General Plan. This being the time and place as advertised, the public hearing was declared open. · Andre Morera, 377 Camino Elevado, Bonita, CA, felt the community needed a car wash and he was in support of the item. Minutes July 12, 1994 Page 8 ® Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Charles Tibbett and Paul Magnotto, reviewed slides of the site and renderings of the project. He informed Council there was a three foot berm in front of the Bonita Road side of the project and on top of that there was a two foot block wall. It would be a higher end car wash with a higher price, i.e. $6.99 which would have an impact on the number of cars that would go through the business per day. The Resource Conservation Committee, Design Review Committee, and Planning Commission had supported the project. Councilmember Horton questioned if the cars would be completely screened from Bonita Road and if the landscaping would be mature plants. Mr. Cox responded that was his understanding. The landscaping had to go back through the City's Landscape Architect. Cotmcilmember Horton questioned the capacity at 250 when the existing car washes were 500 - 650 cars per day. Mr. Cox responded the ear wash made money at 125 cars per day. The price envisioned was higher than the current market and they did not anticipate the higher number of cars. The applicant was willing to enter into a monitoring plan. Cotmcilmember Horton expressed her concern with potential traffic congestion. Mr. Cox responded that staff had recommended the monitoring plan. There could be additional modifications, i.e. delete the exit on Bonita Road, etc. They were willing to work with staff. The performa was predicated on 200 cars per day. · Dan Marum, Traffic Consultant for the project, reviewed the traffic analysis performed on the project. The intersection level of service would not be degraded and there was no significant impact found on off-site traffic conditions. The City also had a capital improvement program on the north curb line of Bonita Road which would widen Bonita Road to provide an additional lane in the westbound direction toward the freeway. When the third lane was added it should also help the Lynwood northbound left turn circulation. Staff was also working with the County on trying to reduce the conflict of the southbound double right turns on red which were conflicting with the northbound left arrow movements by Lynwood Drive traffic. Mr. Cox stated ultimate improvements would include a median island that would preclude left turn lanes in and out and two right turn lanes from Plaza Bonita Drive to Bonita Road. The hours during the summer would be 8:00 a.m. to 6:00 p.m. and 8:00 a.m. to 5:00 p.m. in the winter. Mayor Nader questioned if the applicant would pay for the improvements shown on the graphic. Clifford Swanson, City Engineer/Deputy Public Works Director, responded that when Pier I Imports went in Council had addressed the widening on the north side of Bonita Road. A CIP project was created under the TransDIF program on the north side which included the median. The south side widening was not included and the applicant would pay TransDIF and due to the deceleration lane would have to put in the improvements on the south side. The City was currently waiting for the approval by Caltrans to proceed as the area was in their jurisdiction. Mayor Nader questioned what would happen if Caltrans did not approve the project. Mr, Swanson stated the City was close to approval on the project. Mayor Nader questioned who was paying for the right turn lanes from Plaza Bonita Road onto Bonita Road. Mr. Swanson responded it was included in the City project under the TransDIF. The right turn lanes were under the City's jurisdiction. The intersection was in the unincorporated area. Minutes July 12, 1994 Page 9 The following speakers in support of the project waived their time to speak: Art Mays, 4548 Camino Roberto, Bonita; Ron Lane, 3907 Massachusetts Avenue, La Mesa, CA; Ken Olson, 815 Corral Ct., Benira, CA; William L. Nelson, 4301 Lynwood Drive, Chula Vista, CA; Marnie Magnotto, 244 Camino Elvado, Bonita, CA; Don Morera, 377 Camino Elvado, Bonita, CA; and Donald Benedict, 1039 Calle Escarpada, Bonita, CA. · Roland J. Fornataro, 3249 Holly Way, Chula Vista, CA, stated he had no personal objection to the car wash. He felt there was a dangerous traffic situation and with screening material on the southwest corner and did not feel they could see the traffic coming from west to east on Bonita Road. He was also concerned regarding traffic coming in off Bonita Road and returning back on to Bonita Road at a slower rate than those already on the road. It appeared they would be using Lynwood Road as part of their excess driveway to get out which he felt would create a dangerous situation. He questioned whether the utility poles would have to be relocated in order to accommodate the deceleration lane and widening on Bonita Road. His major concern was the use of ingress and egress on Lynwood Drive. Councilmember Herton stated the landscaping would gradually go into the berm to screen the project from the corner of Lynwood Drive and Bonita Road. There should be enough area to have visibility at that corner. Councilmember Moore questioned what the cycle of lights was and what the cycle of cars would be. Councilmember Rindone stated there would be less than one car per cycle leaving the car wash. Councilmember Moore felt it was very good to have signalization where one car was controlled by release of the car wash. The area would also be improved with a sidewalk and bicycle lane and he did not feel a berm would interfere with the line of sight. Mr. Cox stated the road would be pulled further south from the existing alignment due to the improvements. Councilmember Rindone questioned the number of cars that could be stacked on Lynwood Drive going into the car wash. Hal Rosenburg, Traffic Engineer, responded that it would be 3-4 cars if they turned left onto Lynwood Drive and were stopped at the limit line for the signal, assuming there were no other cars from the residential area. Councilmember Rindone questioned whether that could be controlled, i.e. the left turn lane not being longer than 3-4 cars so they would not be stacked on Bonita Road. He was specifically addressing the cars making a left turn on Lynwood Drive from Bonita Road. Mr. Rosenburg responded that could be done, but he was uncertain from an operational point of view whether that would be recommended. Staff would have to review it to make sure that shortening that cycle would not have a domino effect on traffic. Mr. Marum stated traffic would be stacked on-site from the Lynwood Drive access point so the traffic from the westbound left turn lane from Bonita would not stack up on Lynwood Drive and cause a safety problem with eastbound right turn or southbound through traffic from Plaza Bonita or Bonita Road. Councilmember Rindone questioned if the car wash was reversed, i.e. the entrance where the exit was, if it would remove the potential stacking on Lynwood Drive. Mr. Marum responded the site plan was a balancing of the stacking capacity from Bonita Road which was a concern of the City in making sure there would not be any vehicles that would backup on Bonita Road. The driveway on Lynwood Drive had been doubled so they could accommodate two lanes in if they reached that level of congestion. Councilmember Rindone stated he was in support of the project, but felt staff should look at that alternative. Minutes July 12, 1994 Page 10 Mr. Marum stated the applicant recognized that the site was constrained regarding access and was aware of the issues that could arise and restrictions that could be placed on the project as it evolved. There bring no further public testimony, the public hearing was declared closed. ORDINANCE 2595 PLACED ON FIRST READING AND RESOLUTION 17565 OFI~ERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. MS (Nader/Rindone) refer to the Safety Commission to look at the intersection of Bonita Road and Lynwood Drive and advise Council if there were any measures of traffic control they felt advisable. Mayor Nader stated the motion was not to be construed to be placing any additional conditions on the project or delay the project. Councilmember Moore questioned whether that was to be done currently or if it was in the future. Mayor Nader stated it would be based on the operation of the proposed facility or on future conditions that could VOTE ON MOTION: approved unanimously. 18. PUBLIC HEARING CONSIDERING TESTIMONY ON THE ESTABLISHMENT OF ZONE E WITHIN EASTLAKE MAINTENANCE DISTRICT NUMBER ONE, FOR THE PERPETUAL MAINTENANCE OF TELEGRAPH CANYON CHANNEL - On 5/24/94, Council declared the intention to establish Zone E within EastLake Maintenance District Number One (ELMD1) to provide for the maintenance of Telegraph Canyon channel. The public hearing will consider testimony for assessing benefitting properties within EastLake Maintenance District Number One for their pro rata share of the costs. The second hearing is set for July 26, 1994. Staff recommends this item be continued to 7/19/94. (Director of Public Works) This being the time and place as advertised, the public hearing was declared open. Councilmember Horton left the dins at 8:03 P.M. and returned at 8:14 P.M. MSC (Fox/Rindone) to continue the public hearing to the meeting of 7/19/94. approved 4-0-1 with Horton absent. * * * Council recessed at 8:04 p.m. and reconvened at 8:14 p.m. * * * ORAL COMMUNICATIONS n Augustin Reyes, 96 Sherwood Street, Chula Vista, CA, representing La Mision at 603 Palomar Street, stated he was in the redevelopment area and had to vacate his property by 7/27/94. By that date he would be out of business and bankrupt. The RDA had not relocated him. Only within the last month had they told him that properties were available. He questioned where they expected him to get the funds to buy the property. He requested a one year extension or he would move as soon as the RDA found another place for him to move his business to. Mayor Nader requested that the item be agendized for the 7/19/94 Re. development Agency meeting. Councilmember Moore felt staff should be directed to meet with Mr. Reyes prior to that meeting. · Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, questioned if the item regarding conference with labor negotiators was a continuance of the agenda items of 3/1/94, 4/13/94, and 4/20/94. Minu~es July 12, 1994 Page 11 John Goss, City Manager, responded the negotiations continued well into the last fiscal year even though they were for that fiscal year and were related to FY 1993/94. The current item dealt with FY 1994/95. Mr. Goss stated Council entered into agreements for one year with the four employee organizations. Negotiations were currently going on in good faith, as required by State law, with the four employe~ groups and nothing had been concluded in those negotiations at the current time. No salary increases were given for FY 1993/94. A small increase was given to the fringe benefit package for health benefits. Mr. Garcia questioned if Cormell would look at setting aside monies to retire the PERS bonds. The $17 million bond issue would turn into six times that much by the time it was paid off. He stated the money should have been paid when legally due and questioned what those monies were used for while accumulating a $17 million debt. Councilmember Moore felt the information presented by Mr. Garcia could deceive the public. The total debt would only be two to two and one-half times the original debt. Mr. Goss stated that if improvements were made in the retirement system over time there was a past obligation, because it applied to all employees and to the years of service they had at that point. The City was not unique, it applied to all agencies within the State Retirement System. The City was saving $1-2 million by bonding rather than being charged the rates that would be used to cover the past benefits that were picked up when the improvements were made to the retirement system. The City was the only one in the State that used such a funding source. Mayor Nader stated the problem was that Mr. Garcia's questions assumed things that were at odds with the actual facts and therefore could not be answered. Mr. Garcia stated he wished to extend his time on a point of personal privilege. Mayor Nader stated Mr. Garcia did not have the ability to do that and Council had not granted an extension of time. He recommended Mr. Garcia meet with staff, write to Council, or submit his concerns under Written Communications on the agenda. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 19. RESOLUTION 17566 RATIFYING THE SALE AND TRANSFER OF THE CARDROOM LICENSE HELD BY FRAN AND ROSEMARY BURGER TO HARVEY SOUZA, APPROVING THE CONSOLIDATION OF THE TWO INDEPENDENT LICENSES HELD BY THESE PARTIES INTO A SINGLE LICENSE, AND, RECOGNIZING CERTAIN PROVISIONS OF THE SECURITY INSTRUMENT UPON WHICH THE SALE AND TRANSFER ARE CONTINGENT AS ARE NECESSARY AND APPROPRIATE TO PROTECT THE CITY'S REGULATORY INTERESTS - The City currently has four valid cardroom licensees and two operating cardrooms. The resolution would approve the transfer of the license currently held by Fran and Rosemary Burger, doing business as the Vegas Club, to Harvey Souza who does business as the Village Club. The proposed transfer would result in the consolidation of the two operating cardrooms, and their respective independent licenses, into a single consolidated license. Additionally, the item would recognize certain provisions of the Security Agreement upon which the sale and transfer are contingent. Based on unresolved land-use issues, the proposed resolution does not authorize the applicant to operate additional card tables. Staff recommends approval of the resolution. (Chief of Police) I[ Minutes July 12, 1994 Page 12 Councilmember Fox questioned if in the even of default the City would not be able to recognize the pledge until the Burgers reapplied to receive the license. Kevin Hardy, Principal Management Assistant, responded that the pledge made the Burgets greater among equals. The City did not relinquish any fights what-so-ever in its existing process for approving any transfer of a cardroom license. Councilmember Fox questioned how the Burgers would be able to reapply for their card license due to the requirement that only a license that had been held by persons who operated a cardroom for three years at a fixed location within the City could be transferred. Mr. Hardy responded the three years at a fixed location referred to the operation of the existing cardroom license so to the extent that the Vegas Club license and the Village Club license had been in operation for three years and were in operation it could be transferred. The requirement related to the license and not the individual. Councilmember Fox stated staff had speculatal that perhaps there were other business considerations the City was unaware of as to the ultimate reasons for the purchase. According to the requirements set by the City, Mr. Sousa met all the requirements for a transfer. Mr. Hardy stated Mr. Sousa's existing club operated eight tables and would not be able to operate any additional tables acquired through the license acquisition without going through a CUP process. Councilmember Rindone stated Mr. Sousa could operate the Vegas Club also with four tables. Councilmember Horton questioned if staff knew the purchase price of the business. Rick Emerson, Chief of Police, responded that he had heard a rumor only and had not seen the paperwork. Councilmember Hotton questioned whether the purchaser would disclose the amount. She felt the information was necessary in consideration of the request. ® Michael A. Green, 535 "H" Street, Chula Vista, CA, representing Harvey Sousa, stated he would put his reputation on the fact that the entire transaction, with the exception of the purchase price, had been reviewed by the City Attorney's office. There was nothing outside of those documents. His client could make a good living under the existing ordinance after the transaction was completed with no changes and would have no regrets if there were no changes, but he may be back requesting changes. His financial well being did not depend upon action by Council in the future. Councilmember Fox questioned if there was language in the purchase agreement which stated if certain things were not given to Mr. Sousa by the Council that the transaction was null and void. Mr. Green stated there was nothing like that in the purchase agreement. Councilmember Fox questioned if staff or the City Attorney could verify Mr. Green's statement. Councilmember Horton questioned what the purchase price was. Mr. Green stated it was a private business transaction and disclosure was not required by the ordinance. They preferred not to disclose the amount. Councilmember Horton requested that Mr. Green disclose the purchase price privately after the meeting. Mayor Nader stated he would trail the item to give the City Attorney time to review the purchase agreement. He felt questions as to the price and terms of the agreement were interesting, but as a government official, as long as Minutes July 12, 1994 Page 13 those terms did not get into any threat to the public interest or public safety he did not feel it was something he was concerned about. If there was a clause such as expressed by Councilmember Fox, he felt the client was assuming the risk. It was a private risk made by private parties. Councilmember Rindone stated he knew Mr. Green very well and if he represented that the provisions were not there he was staking his reputation on that. Mr. Green had stated that his client was fully aware of the transaction he was making and that Council could deny any concessions he might ask for in the future. Councilmember Hurton agreed, it was a business transaction between two willing citizens and it was not up to the Council to tell Mr. Sousa what to buy. Councilmember Fox stated he was satisfied with Mr. Green's assurances. RESOLUTION 17566 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and appruved unanimously. 20. REPORT STATUS OF MID-BAYFRONT NEGOTIATIONS - On 4/5/94, the status of negotiations with Mid-Bayfront developer, William Barker, was discussed and staff was directed to report back in sixty days as to whether substantial progress had been made towards completion of a Development Agreement (DA). Staff has made substantial progress including the development of a Pre-Construction Phasing Plan and Draft DA, including resolution of all but several negotiating issues which are outlined in the report. At the re~luest of the anolicant. staff recommends this item be continued. (Director of Community Development) Continued from the meeting of 6/21/94. MSUC (Nader/Horton) to continue the report to a joint meeting of the City Council/Redevelopment Agency on 7/19/94. 21. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. Mayor Nader stated he had an opportunity to tour the Urban Ore facility in Berkley and was very impressed. They were successfully recycling approximately one half of the waste stream and turning it into a series of for-profit small businesses that employed people as well as reducing disposal costs. A landfill and transfer station was still needed, but there was also a way to design the transfer station to facilitate that operation. He hoped staff was taking the opportunity to do some innovative things in that regard. Councilmember Moore questioned if the Mayor knew what the public was paying and what their total solid waste payment was. Mayor Nader felt that was good information to have and requested that staff contact Berkley. 22. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will be given by staff. John Lippitt, Director of Public Works, stated the San Diego Area Waste Management District extended the deadline an agency could withdraw without penalty to July 31, 1994. The San Diego City Council had held firm on the weighted vote issue and continued the item as to whether they would remain in the District until late July. Other agencies beside Chula Vista had withdrawn, i.e. El Cajon and La Mesa. The County had continued the item until 7/26/94. On 6/23/94, the interim order was before the judge at which time he stated he would like to see the plant go forward, but it was not his intention to change any of the contractual relationships between the agencies and questioned why the cities were concemed. Thejudgeasked the agencies to submita positionby theend oftheweek and he would make a decision next month. Minutes July 12, 1994 Page 14 ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 14. The minutes will reflect the published agenda order. OTHER BUSINESS 23. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated Council had been polled as to a date to tour the South Chula Vista Library and the EastLake Performing Arts Center. The best date had been 8/13/94 with three affirmative responses. Mayor Nader stated it was the consensus of the Council to hold the tour on 8/13/94 with the time to be determined at a later date. Councilmember Rindone stated he was concerned that the joint meeting with Council and the Southwestern College Board would be a tag-on item for a regular agenda. He wanted staff to pursue a special joint meeting which was not a regular meeting of the Council or Board so they could deal with common issues. Mr. Goss responded that the members of the Board, as well as the President, had changed their leave schedules to be available on their regular meeting dates in July or August. There were no other dates available during that time because various members of the Board would not be available. He did not feel it was being addressed as a tag-on Mayor Nader stated the Mayor/Council secretary would be polling Council for a date to interview candidates for the Parks &Recreation Commission and the Growth Management Oversight Commission. ~'~ 24. MAYOR'S REPORT(S) a. Ratification of appointments: Commission on Aging - William Lane; Child Care Commission - Jeanne Humes; Safety Commission - John Liken and Cindy Miller; and, Youth Commission - James Joseph Alfaro. b. Ratification of re-appointment: Library Board of Trustees - Bill Alexander; Youth Commission - Julia Wubenhorst; and, Safety Commission - Scott Bierd. MSUC (Naderatorton) to approve the ratification of: Commission on Aging - William Lane; Child Care Commission - Jeanne Humes; Safety Commission - John Liken and Cindy Miller; and, Youth Commission - James Joseph AIfaro and re-appointments for: Library Board of Trustees - Bill Alexander; Youth Commission - Julia Wubenhorst; and, Safety Commission - Scott Bierd. e. Solicitation of determination of ability to discuss in closed session the Amphitheater at Otay Rio Business Park property. Continued from the meeting of 6/21/94. Mayor Nader requested that the item be removed from the agenda. d. Fee charged for Council minutes. Continued from the meeting of 6/21/94. Mayor Nader stated he had been informed by the City Clerk that the normal practice was not as rigid as Council had been informed. A complaint had been received from a disabled person that she could not afford the charge and a staff member, who was not in the Clerk's office, had quoted the price of documents to the public. He normally supported cost recovery, but in the case of Council minutes which were the official written record of the actions by the policy ~. making body, he felt they were different from other City documents that may be harder to access or less central to the democratic process. He was going to propose that discretion be given to the Clerk to waive any fees for Minutes July 12, 1994 Page 15 Council minutes for any citizens, particularly if there appeared to be a disability or low income situation. That was currently the de facto policy in the Clerk's office, but apparently other City staff was not aware of that. MOTION: (Nader) Council confirm that the City Clerk had the discretion to waive fees for City Council minutes. SECOND TO MOTION: (Rindone) with the understanding that it was a maximum of one copy per request. Accepted by the Maker of the Motion as a friendly amendment. Mayor Nader stated the only reason the motion was needed was so that all City staff understood that if a citizen could not afford copies of the minutes the fee could be waived. Councilmember Moore questioned if the Mayor was referring to the minutes on hand or those that had to be retrieved and copied. He could not agree to waive fees for those requesting minutes that would have to be retrieved and copied. Mayor Nader stated the key was that it was up to the discretion of the City Clerk. VOTE ON MOTION: approved 3-2 with Horton and Moore opposed. e. Environmentally safe, state-of-the art air conditioning. Continued from the meeting of 6/21/94. Mayor Nader stated the item had been generated by a change order for the new library when it came to his attention that they were using a relatively old fashioned hvac system for air conditioning. He had heard complaints from employees regarding illness engendered by the air conditioning system. Systems were available which periodically cycled fresh air through the building minimizing the problems. He realized it would be prohibitive to have the City retrofit all of its buildings, but new technology should be used for new buildings. MSUC (Nader/Fox) to direct staff to develop a policy for Council consideration that would provide that when new public buildings were constructed environmentally appropriate air conditioning systems would be incorporated into the design that would periodically cycle fresh air into the building; provided that those systems did not involve a significant cost increase over whatever other system might otherwise go into the building. Policy should include the cost issue, i.e. operating the system and purchase. f. Discussion of information from Urban Ore, Inc. Continued from the meeting of 6/21/94. Discussed under Item 21. 25. COUNCIL COMMENTS Councilmember Moore a. Appointment of Council representative to the Inter-Agency Water Task Force. Councilmember Moore stated he and the Mayor were the representatives to the Inter-Agency Water Task Force and both would be leaving Council in December. Therefore, he felt it would be appropriate if he stepped down and allowed a new representative to start attending the meetings to allow continuity. Councilmember Hotton stated she would accept the position and requested that Councilmember Moore attend the meetings with her until his term was over. Mayor Nader stated he would attend meetings with Councilmember Hotton and questioned if it would be acceptable if one or the other of them would attend with Councilmember Horton. Councilmember Moore stated he did not have a problem in stepping down. MSUC (Moore/Rindone) to appoint Councilmember Horton to the position on the Inter-Agency Water Task Force replacing Councilmember Moore. Minutes July 12, 1994 Page 16 Councilmember Horton b. Establishing subcommittee of major retailers to discuss the affects of NAFTA on local business including, but not limited to, representatives from the Chamber of Commerce, Price Club, Jerome's, Home Depot, K-Mart. Continued from the meeting of 6/21/94. Councilmember Horton requested that the item be pulled from the agenda until August or September. c. Use of PERS fund savings to balance City funds. Councilmember Hor~n stated it was her understanding that when the City received the actual amount of credit from the PERS fund savings it would be utilized to balance the budget. Mr. Goss stated that was correct. The City had not received the final figures and would not have them for another 34 weeks. The Finance Director had obtained an estimated figure which staff had relied upon and felt was a good figure. Staff would return to Council with the balancing of the budget. Councilmember Moore stated Council was not establishing a policy, but had directed staff to bring back a program for consideration and more than one alternative. Councilmember Fox d. Review of Cox Cable charges for additional outlets and non-standardized rates charged to subscribers. Councilmember Fox stated he was impressed with the report from staff and concurred with the staff conclusions. e. Consideration of a Chula Vista intergenerational facility. Councilmember Fox requested that the item be pulled from the agenda until further notice. f. Councilmember Fox commended the public safety staff for the exceptional job they did with traffic control ~" for the 4th of July activities. Councilmember Rindone g. Councilmember Rindone congratulated staff on the successful first "annual" Community Pride Fair. CLOSED SESSION Council recessed at 9:32 p.m. and reconvened in Closed Session at 9:35 p.m. 26. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · Christopher vs. the City of Chula Vista. · Hummell vs. the City of Chula Vista. 27. CONI~'ERENCE 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 Employee Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 28. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section W' 54956.8 Minutes July 12, 1994 Page 17 · Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Ave, Chula Vista, California. Negotiating parties: Richard Hall/Hall Company, Community Development, and the City Attorney's office. Under negotiation: Purchase price and terms of payment. 29. REPORT OF ACTIONS TAKEN lN CLOSED SESSION No final action was taken in Closed Session. ADJOURNMENT AT 12:35 A.M. to the Regular City Council Meeting on July 19, 1994 at 6:00 p.m. in the City Council Chambers. An Adjourned Special Meeting of the Re/development Agency convened at 9:32 p.m. and adjourned at 9:35 p.m. Respectfully submitted, \BEVERLY A. AUTHELET, CMC, City Clerk I I