HomeMy WebLinkAboutcc min 1994/07/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, July 19, 1994 Council Chambers
6:10 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Hotton, Moore, Rindone, and Mayor Nader.
ALSO PRESENT: City Manager, John D. Goss; Assistant City Manager, Sid Morris; City Attorney, Bruce
Boogaard; and Beverly A. Authelet, City Clerk.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: July 12, 1994
MSC (Moore/Rindone) to approve the minutes of July 12, 1994. Motion was approved 4-0-1 (Horton absent).
ANNOUNCEMENTS: Councilwoman Hor~n will be late because she is attending a meeting with the Attorney
General and other officials regarding some economic development projects in the City.
Added to the Closed Session agenda will be some items which came up after the posting of the Agenda regarding
negotiations with the City's employee organizations.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation commending Laura Dominguez "Miss California Junior National Teen-Ager 1994" -
The proclamation will be presented to Laura Dominguez by Mayor Nader.
b. Oath of Office was administered by City Clerk Authelet to: Commission on Aging: William Lane - Child
Care Commission: Jeanne Humes - Safety Commission: Scott Bierd, John Liken, and Cindy Miller - Youth
Commission: James Joseph Alfare and Julia Wubenhorst - Library Board of Thistees: Bill Alexander
c. Presentation of $5,000 to the Youth Coalition by Elite Rating, Inc. Item was continued one week so
the representatives from Elite Racing can be present to make the presentation.
CONSENT CALENDAR
(Items pulled: none)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER FOX, reading of the text
was waived, passed, and approved 4-0-1 (Horton absent).
5. WRITrEN COMMUNICATIONS: None submitted.
6. ORDINANCE 2595 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTIONS
19.18.010 OF THE MUNICIPAL CODE PREZONING 0.67 ACRES LOCATED AT THE SOUTHWEST
CORNER OF BONITA ROAD AND LYNWOOD DRIVE TO C-V-P, COMMERCIAL VISITOR PRECISE
PLAN (second readin~ and adontion) - The application requests an amendment to the General Plan and prezoning
for 0.67 unincorporated acres at the southwest comer of Bouita Road and Lynwood Drive. The proposal is to
redesignate the site from Office Commercial and Residential Low Density to Visitor Commercial and prezone the
Minutes
July 19, 1994
Page 2
parcel C-V-P, Commercial Visitor with Precise Plan. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Planning)
7. ORDINANCE 2596 TO DISSOLVE SPECIAL SEWER SERVICE RATE AREAS (AMENDING
SECTIONS 13.14.100 AND 13.14.150 OF THE MUNICIPAL CODE RELATING TO SEWAGE PUMP
STATION CHARGES AND ORDINANCE NUMBER 2461 AND REPEALING ORDINANCE NUMBERS
2181, 2286, AND 2477 (tint reading) - On 5/17/94, Council approved Policy Number 570-03, Sewage Pump
Station Financing Policy. The Policy provides that all existing Sewer Service Rate Areas, which provide for the
financing of maintenance and operation costs of public sewage pump stations by property owners, be modified.
Ordinances 2181, 2286, 2477, and Resolutions 6833 and 8028 must be repealed; and Ordinance 2481 must be
amended to comply with the Policy. The Master Fee Schedule and Municipal Code need to be updated to reflect
the provisions stated in the Policy. Staff recommends Council place the ordinance on first reading and approve the
resolution. (Director of Public Works)
RESOLUTION 17568 AMENDING THE MASTER FEE SCHEDULE TO DELETE CHAPTER XII,
ENGINEERING-SEWER, SECTION D, PUMP STATIONS RELATING TO SEWAGE PUMP STATION
FEES AND REPEALING RESOLUTION NUMBERS 6833 AND 8028 TO DISCONTINUE THE BILLING
OF SEWAGE PUMP STATION CHARGES
8. RESOLUTION 17569 APPROVING AGREEMENTS WITH VARIOUS COMMUNITY PROMOTIONS
GROUPS FOR EXPENDITURE OF CITY FUNDS - The 1994/95 budget includes funding of various Community
Promotions organizations. The Council considered requests from the groups during the budget session on 6/1/94
and approved funding. Staff recommends approval of the resolution. (City Manager)
9. RESOLUTION 17570 APPROVING A THREE PARTY AGREEMENT WITH REMY AND THOMAS
FOR LEGAL CONSULTING SERVICES TO REVIEW ENVIRONMENTAL DOCUMENTS FOR THE
OTAY RANCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The
agreement would authorize Remy & Thomas to review environmental documents prepared by the City or their
consultants including, but not limited to, the Sphere of Influence, the SPA Plan for Otay Ranch and related
environmental review; provide guidance to City staff as to processing of all supporting environmental documents
to assure compliance with CEQA; and, provide legal advice to City staff calculated to avoid litigation predicated
upon alleged deficiencies or improper processing of said documents. Staff recommends approval of the resolution.
(Special Planning Projects Manager, Otay Ranch Project)
Mayor Nader asked if there is a similar provision in these agreements like in Item 10 whereby it makes our
responsibility to pay these attorneys contingent upon Baldwin's payment to the account.
City Attorney Boogaard responded that on Page 9-6 of the Agenda it states, "Applicant shall compensate consultant"
which means that Baldwin shall pay the consultant, not the City.
10. RESOLUTION 17571 APPROVING THIRD AMENDMENT TO AGREEMENT WITH REMY AND
THOMAS FOR LITIGATION REPRESENTATION SERVICES IN CONNECTION WITH THE
CHAPARRAL GREENS LAWSUIT, AND AUTHORIZING MAYOR TO EXECUTE SAME - Approval of
the agreement will authorize Tina Thomas of Remy and Thomas to continue to represent the City in litigation at
Otay Vista's expense, and further increase the maximum compensation. Staff recommends approval of the
resolution. (Assistant City Attorney Rudolf)
Councilman Fox stated that we were increasing the maximum compensation $100,000 and it is noted that trial is
set in this matter for September 19, 1994. He asked if we would be receiving any further increases?
· I
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July 1~, 1994
Page 3
City Altomey Boogaard responded that there was an 80% chance that there will be no request for additional
compensation. All the compensation is being paid for monthly by Baldwin.
11. RESOLUTION 17572 EXERCISING OPTION TO EXTEND TERMS OF CHAMBER OF
COMMERCE AGREEMENT FOR GENERAL INFORMATION SERVICES FOR TWO YEARS AND
AMENDING CONTRACT - The City has had an agreement with the Chamber of Commerce to provide general
public information and referral services since 1988. The current contract, approved by Council in 1991, is for a
tkrec-year term with an option for the City to extend the contract for an additional two-year term. The base cost
of the contract is $28,500, adjusted each year by the Consumer Price Index. Staff recommends approval of the
resolution. (Administration)
Councilmaa Rindone, referring to the statement at the bottom of page 11-4- of the Agenda, *All Chamber contract
expenditures by the General Fund are 50% reimbursed by the Redevalopment Agency; he asked *why?"
City Manager Goss replied that at the time when the City Council approved the agreement, a policy decision was
made to split the cost 50-50 between the City general fund and the Redevalopment agency in terms of promoting
economic development.
Councilman Rindone stat~xl he questioned this because of the concerns with the Redevelopment Agency budget.
He stated he would support the adoption of this item but requested staff bring this policy back for review by the
Council at a later date.
12. RESOLUTION 17560 AMENDING THE 1993/94 AND 1994/95 HOME PROGRAM DESCRlPTIONS
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 from the meeting of 7/12/94.
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING ENACTMENT OF AN ORDINANCE FOR STORM WATER
MANAGEMENT AND DISCHARGE CONTROL - The Federal Clean Water Act Amendments of 1987 and
California Regional Water Quality Control Board Order Number 90-42 require the enactment of codes, laws, and
ordinances to ensure the implementation of Federally mandated storm water and urban runoff pollution control
programs. The proposed ordinance accomplishes that task by making it unlawful for any person to discharge
pollutants to the City's storm water conveyance system. In addition, on 6/11/91 the Storm Drain Fee and Fund
were established to fund implementation of the National Pollutant Discharge Elimination System program. Council
directed staff to include, as part of its annual review of the Storm Drain Fee, options for levying and collecting fines
Itgain~ individuals that violate discharge regulations in lieu of continual increases in the fees. Staff recommends
Council place the ordinance on first reading and accept the report. (Director of Public Works)
14. ORDINANCE 2597 REGARDING STORM WATER MANAGEMENT AND DISCHARGE
CONTROL (AMENDING SECTIONS 14.04.010, 14.06.010, 14.08.030, 14.08.090, 14.08.140, 14.08.170,
14.10.010, AND 14.14.010 OF THE MUNICIPAL CODE, REPEALING SECTION 14.06.030 OF THE
MUNICIPAL CODE, REPEALING CHAPTER 14.18 OF THE MUNICIPAL CODE AND ADDING
CHAPTER 14.20 TO THE MUNICIPAL CODE (first readin~,~
Minutes
hly 19, 1994
Page 4
REPORT OPTIONS AVAILABLE FOR LEVYING AND COLLECTING FINES FROM THOSE
INDIVIDUALS THAT VIOLATE DISCHARGE REGULATIONS 1N LIEU OF CONTINUAL INCREASES
IN STORM DRAIN FEES
This being the time and place as advertised, the public heating was declared open. There being no public testimony,
the public hearing was declared closed.
Councilman Moore stated, for the benefit of the public, that this was a mandate from the federal government that
we must do certain things about water which runs off asphalt roofs, etc. to make sure it doesn't nm into the bay.
We also have to do something about violators. The program is called NPDES, National Pollution District
Elimination System. The City must actively enforce this ordinance because of the federal Clean Water Act and the
State Water Code, and therefore, the City is responsible for any and all discharges to and from municipal storm
water conveyance including discharge from facilities regulated by that organization in its general permits.
ORDINANCE 2597 PLACED ON FIRST READING OFFERED BY COUNCILMEMBER MOORE, reading
of the text was waived, passed, and approved 4-0-10torton absent).
MSC (Moore/Rindone) to accept the report was approved 40-1 alorton absent).
Mayor Nader added that that our emphasis will be on educational efforts with violators, and recalcitrant polluters
will be fined. The City will be taking the approach that citizens should have the ability to find out what the law
is and how to comply before enforcement occurs.
15. PUBLIC HEARING CONSIDERING TESTIMONY ON THE ESTABLISItMENT OF ZONE 8 IN
OPEN SPACE DISTRICT 20 FOR RANCHO DEL REY DEVELOPMENT FOR THE PERPETUAL
MAINTENANCE OF A DESILTING BASIN - A desilting basin was built by McMillin Development in City open
space off-site of Rancho del Rey land to trap silt which washed down from the upstream development. After
maintenance by McMillin for five years, the City will have to maintain the basin. Formation of Zone 8 within Open
Space District 20 will provide financing for the maintenance. Staff recommends Council open the first public
hearing, receive testimony, close the first public heating, and set the second public hearing for 7/26/94. (Director
of Public Works)
Councilman Rindone stated that looking at the maintenance costs on Table 1 on page 14-2 of the Agenda, it is
apparent that approximately 2/3rds of the cost is road maintenance. He asked if there was any other alternative so
we could cut down on the long-term annualized cost for the road maintenance efforts.
Public Works Director Lippitt responded that this was basically an access road into the basin. These cost estimates
were given to as by the developers. It is an expensive cost. Staff believes that once the area is developed,
landscaped, and aH the buildings are in, there will be less and less need to maintain the silt. They do not expect
costs to go any higher but will probably go down over the years, and we will look at ways to keep the road costs
down.
Councilman Rindone stated that it is anticipated that the maintenance needs to be performed approximately once
every two years, and yet we grade a road once every six months. Since we use it once in every four years, could
we not skip three gradings and only grade it before it is going to be used?
Mr. Lippitt responded that if we are not going down there and there is no erosion, then we could cut this down in
the future.
Councilman Moore stated that there would be a report coming hack on how to reduce costs in Open Space Districts.
This is one that could be included in more depth with what staff intends to do to keep the cost down on the
replacement of the access road.
Minutes
July 1~, 1994
Page 5
This being the time and place as advertised, the public heating was declared open. There being no public testimony,
the public heating was declared closed. A second public hearing was set for July 26, 1994.
16. PUBLIC HEARING PERPETUAL MAINTENANCE OF TELEGRAPH CANYON CHANNEL
(CONSIDERING TESTIMONY ON THE ESTABLISHMENT OF ZONE E WITHIN EASTLAKE
MAINTENANCE DISTRICT NUMBER ONE, FOR THE - On 5/24194, 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. Staff recommends Council open
the first public hearing, receive testimony, close the first public hearing, and set the second public hearing for
7/26/94. (Director of Public Works) Continued from the meeting of 7112194.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
the public hearing was declared closed. A second public hearing was set for July 26, 1994.
17. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT NUMBER 066 FOR SDG&E TO
REMOVE AND FILL EXISTING TEST WELLS LOCATED WEST OF BAY BOULEVARD, NORTH OF
"E" STREET (CONSIDERATION OF) - In January 1986 the fuel oil transfer pipe serving SDG&E's South Bay
Power Plan developed a leak. To repair the leak, SDG&E secured the necessary permits from the City and received
the appropriate direction from the Regional Water Quality Control Board. Several monitoring wells were drilled
to perform soil and groundwater contamination sampling during the course of the fuel oil clean-up. In September
1986 the Regional Water Quality Control Board notified SDG&E that no further remedial actions were necessary.
Recently SDG&E became aware that monitoring wells which have no further purpose are required by the San Diego
_ County Department of Public Health Services, Environmental Health Protection Section ~t~besem~vedandc~~sed.
In response, SDG&E is planning to remove the wells and has applied for a Coastal Development permit to undertake
the work. Staff recommends approval of the resolution. (Director of Community Development)
RESOLUTION 17573 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT
NUMBER 066 FOR SDG&E TO REMOVE AND FILL EXISTING TEST WELLS LOCATED WEST Of
BAY BOULEVARD, NORTH OF "E", STREET SUBJECT TO CONDITIONS OF APPROVAL
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.
Councilman Fox asked how things such as disturbance to the natural vegetation or wet land resources would be
monitored.
Chrls Salomene, Director of Community Development, stated that the revegitation will be monitored by Pacific
Southwest Biological, the consultant that the Agency uses on most of our environmental. He felt they would keep
us well informed.
RESOLUTION 17573 WAS OFFERBD BY COUNCILMAN RINDONE, re~ding of text was waived, passed, and
approved 4-0-1 (Hor~n absent).
ORAL COMMUNICATIONS
None
BOARD AND COMMISSION RECOMMENDATIONS
None submitted
Minutes
July 19, 1994
Page 6
ACTION ITEMS
18. REPORT UPDATE ON SOLID WASTE ISSUES AND OUTLINE OF BUSINESS TERMS FOR
PROPOSED AGREEMENT WITH JOHN SEXTON CONTRACTORS FOR TRANSFER STATION
DEVELOPMENT -On 5/24/94, Council directed staff to move forward on negotiating a contract for the first phase
development of a transfer station with John Sexton Contractors/Chula Vista Sanitary Service. The report forwards
the business terms which have been agreed upon by Sexton end staff. The terms, as modified by Council input at
this meeting, will provide the basis for the draft contmct to be brought hack for Council consideration. Staff
recommends Council conceptually approve the business terms and direct staff to return with a proposed contract
no later than 8/2/94. (Deputy City Manager Krempl)
An updated oral report was presented by Deputy City Manager, George Krempl. As a follow up of the last Council
meeting, he stated that a dm~ of the notice to be enclosed with the Laidlaw billing had been delivered to Council
for review.
Mr. IG'empl stated the next item had to do with the recent actions by the San Diego Solid Waste Authority in terms
of the differential rate study. He indicated staff was looking at the information. They were astonished with what
the consultant, Deloitte Touche, came up with which was a proposed rate of $253 a ton rate for a one year contmct
and approximately $88 per ton rate for a five year contract, $68 for a fifteen year contract, and $58 for a twenty
year contract. This basically front-loads all the County system costs for twenty years onto the front end depending
upon the length of the contract. The Authority has indicated they are conducting a public hearing on this item on
August Ist. The Authority accept~l the report and directed that they initiate meetings with the non-member cities,
and they indicated they intended to impose these rates at the gate starting October 1, 1994.
Councilman Rindone stated this was a serious issue. This Council has been very active in trying to be solution
oriented in a very controversial and complex issue. It was with doep regret that member cities would even consider
this type of tipping fee that has been repo~ed as a result of the study done by Deloitte Touche. Basically, last week
we had a public heating talking about raising the pass-through portion of the trash costs which is the tipping fees
for the landfill of approximately $2.00 per single family resident dwelling; or approximately $14 to $16. If this
was to enma to pass as proposed by member cities to be placed on non-member cities for a one-year basis while
we are searching to find alternatives to protect our citizens in the long-run, we are looking at a rate increase from
approximately $16 per month per single family resident to $85 per month. He felt this was black mail.
MSC (Rindone/Nader) to request that staff place on the Agenda under Action Items, Legal remedies and
options pertaining to this issue of potential charge and what non-member cities would ha looking at with a
recommendation from the City Attorney's office for Coundi's consideration. Motion carried 4-0-1 (Horton
absent).
Mayor Nader suggested that the item be placed under Closed Session as well so the Council will have the option
to go into Closod Session if necessary.
Councilman Moore felt that we should take action tonight if we feel strongly about a transfer station and/or an
operator agreement. Unless staff or Council objects, we should move forward.
City Attorney Boogsard stated that in order to respond directly to Mr. Moore's concern, he had a resolution
available if Council wished to go forward on a more expedient basis to authorize the Mayor to execute a contract
as long as both the City Manager and City Attorney have approved it as being consistent with the business terms
which are in the Agenda report. The Mayor will also have the discretion to say if it is not consistent with the
business terms.
Councilman Fox asked if the County was going to be issuing permits end if so, he was concerned because they were
not en uninterested third party. He felt that they were going to delay the process because if we get our transfer
station, their system would be in jeoperdy. Is it possible that the City of Chula Vista or enother agency could act
as an uninterested, unbiased local enforcement agency?
Minutes
July lq, 1994
Page 7
Mr. Krempl responded yes. He stated that they were preparing a report to address what the local enforcement
agency's options are and will be bringing that to Council shortly. It is true that the Council is the LEA (local
enforcement agency), but it operates also in a quasi-independent fashion from the balance of the County operation
in this regard and is responsible to the State.
Councilman Fox asked Ms. Snyder that if we started this process, would the County be the LEA? Would we have
to change that?
Stephanie Snyder, Principal Management Assistant, responded that we would have to change that or we could
contract with another LEA in a quicker fashion than becoming certified ourselves. There are a number of different
options.
Councilman Fox asked who would be choosing the consultant for the EIR?
Mr. Krempl stated that the business terms were written that Sexton would engage the environmental consultant, but
it has to be with the city's authorization and approval in terms of the scope of services. They would nmke a
recommendation to which consultant they would want to use, and we would have the review on that.
Councilman Fox stated that we were given a range of prices in the RFP depending upon where the flitore disposal
site would be. In all of those estimates, he did not think any of them included the price for acquisition of land for
the transfer station.
Mr. Kxempl responded that the RFP did include some costs for the price of the transfer station; however, when we
did the analysis, we were not comfortable with the range of costs that were assumed by different RFP responders.
What occurred was that Brown Vance and Associates neutralized the land cost component and evaluated the
responders on the basis of the balance of the proposal.
* * * Councilwoman Horton arrived at 7:02 p.m. * * *
Councilmaa Moore stated that one of the things the County/lnterim Commission now JPA said that their goal was
to fmd the most economic way of disposing solid waste for residents of the County. They too did not want to be
shut off from the fact that they might want to transfer to some longer distance. He could see a potential that the
JPA would have a need for a transfer station in the South County, and anyone who could build one in a shorter time
frame would be an asset to the County as a whole.
Mayor called on the members of the public who wished to speak. They were:
· Teresa Aland, 1433 Nacion Avenue, executive director of INDWELLER. It was their recommendation
not to approve the conceptual business terms as they were written. She felt that the term, Serial MRF, should not
be entered into the contract, because it was writte· consistent with the process which finds Sexton, as the solid waste
contractor, to be the most responsive as a solid waste transfer facility. The conclusion is where the Serial MRF
terminology is placed. It was not appropriate because it was taking concept ideas from other businesses; she felt
this was in direct conflict. She emphasized that, in her opinion, the Sexton proposal was not the most responsive,
qualified, or cost effective. She felt the terminology was inconsistent with the development and implementation of
the proposed transfer station and the MRF as proposed by Sexton. Therefore, any reference to the serial MRF
terminology in the ou~ine of business terms should be removed. She stated that legal actio· will be taken if Council
pursued those legal terms.
· Bud Chase, 3730 Valley Vista Road, Chula Vista, representing Sexton/Chula Vista Bonita Sanitary. He
responded to Ms. Aland's concerns regarding the serial MRF which was put in the RFP by Council's direction to
staff at her request. It was included just to take a look at in the design criteria. This was not something which they
advocated originally; but they did agree, because they felt it was something which the City wanted. They would
be willing to take it out.
Minutes
July 19, 1994
Page 8
® Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, 91910. He felt that the elected Supervisors and public
officials of every community should sit down and work out a program and agreement to put this waste matter to
rest completely. He felt that a wedge had been driven between the cities, elected officials, and the companies.
Mayor Nader questioned Mr. Chase regarding his comments which, he thought, did not advocate a serial MRF since
he would be happy to see it taken out of the contract. He asked how Sexton would be proposing to meet that term
if Council did not take it out of the contract.
Mr. Chase responded that it was his understanding that the MRF operations were still left open. We axe only
talking about the permitting and siting of the transfer station. We will look at the design concept for the overall
picture to facilitate any concept Council wants in the material recovery facility. His comment was only to protect
the city from the possible law suit mentioned by Ms. Aland.
City Attorney Boogaard stated that the nature of the proposed agreement is that they are to pick a site that is large
enough to handle a serial MRF and any other type of facility, including a transfer station. The proposed agreement
will transfer no, even conditional, operating rights to anything but the transfer station. This agreement would not
give Sexton the advance right to operate the materials recycling facility or serial MRF. They are just getting a
conditional right to be considered for the transfer station.
Mayor Nader asked if we will be simultaneously looking to have someone develop, on the city's behalf, a MRF
facility?
Mr. Boogaard responded that there are two components: one the transfer station and the other is whatever is in
advance of that transfer station where we can remove the recyclable materials. His understanding of the intended
plan is that the actual facility, the recycling component, would be the subject of a separate design, construction, and
operating right down the road. The first priority was to get a transfer station on line as quickly as possible and to
fill in the recycling facility thereafter.
Mr. Chase stated that this was his understanding. The original RFP talked about making that decision on the
material recover facility in 1998. What Sexton was trying to do was to have a flexible enough site and facility that
will ineo~,porate a wide range of possible options for the City.
Mr. Boogaard stated that 1998 might have been in the RFP, but the contract does not obligate the City to abide by
that.
Mayor Nader stated that it would behoove the city to simultaneously do the design, development, and approval of
whatever the MRF component was going to be. He asked staff if they visualized immediately toning around and
finding another contract, perhaps through another RFP process, to simultaneously do that work in conjunction with
Sexton.
Mr. ICrempl responded there were different options, but he did visualize some type of RFP process, although he
differed with the use of the word, simultaneously. He did not feel that 1998 was a figure that we visualized; it
would be much sooner than that. On the other hand, he did not think simultaneous was necessarily the way we
would want to go either, because there are a number of decision points to be made. One of which, this contract
does not include the decision to construct. That is seinething which will coma back to Council once we have done
the criteria, site selection, and option to site, design the facility, gone through CEQA and the permitting process,
then they would come hack to Council for another threshold decision. He felt there was enough time to contemplate
the materials recovery activities.
Mayor Nader clarified that what he was suggesting was that the MRF be designed and sited in conjunction with the
design and siting of the transfer station so that we have facilities that are compatible and so we can proceed as soon
as possible with the entire project.
Tom Vance, consultant from Brown, Vance and Associates, stated that one of the first tasks in this work with
Sexton, as pert of siting, is to develop the design criteria. The criteria will include, not only the transfer quantities
Minutes
July 1~, 1994
Page 9
but the activities which are contemplated on the site, such as some level of material recovery. To determine what
that level is, we have to look at what the city's requirements are: (1) to satisfy A-939 end (2) what the city's desires
are from recovering of materials. As part of the initial siting criteria, that conceptual thinking has to take place.
In order to get the permits, they have to enticipate the other activities on site. At what point the serial MRF concept
comes in will probably ha during the initial conceptual planning. There will not be eny preliminary level design
taking place for the permits. The design would take place at some point after the initial phase, once the city decides
to move forward with incorporating whatever is decided upon from the standpoint of material recovery.
Mr. Kn~mpl steted that in using land-use terminology, he might equate this to a general plen level of analysis versus
a precise plan. This will be a permit to conduct this activity.
Mr. Vance stated that the end result of the agency permit will be a conditional use permit in order to construct on
the site, end there will be en application to the State Solid Waste Management Board that would describe the
activities on site. The CUP will have folded in the concerns of all the agencies such as air end water.
Councilwoman Horton stat~t that in the contract under Scope of Work to be Performed, you talk about conceptual
design involving the formulation of facility design criteria, draft conceptual design, end preliminary final design.
She asked what was the varience between the three concepts?
Mr. Vance replied that the final conceptual design is a completed conceptual design ready to be submitted to the
permit agency. Again, not construction drawings or detailed drawings. This agreement deals with siting end
permitting. In order to do siting and permitting, you need to go through a certain level of scoping of the project.
Councilwoman Hotton, referring to page 17-2 of the agenda the third paragraph, said it states, "and preliminary
final design."
Mr. Krempl stated it should be changed. On page 17-9, Section VI of the agenda, it talks about conceptual design.
The facilities design criteria, the draft conceptual design, end then the final conceptual design.
Mayor Neder inquired what he meant by permitting?
Mr. Boogaard stated that there were two permitting processes: (1) when we use the word permitting here, we are
talking about when the State Waste Management Board issues a transfer station permit, and (2) the City of Chula
Vista will issue a conditional use permit.
Mayor Nader stated that before he gave the right of first refusal, he would want to know more about what they are
going to operate.
Mr. Krempl stated that this is one of the terms that is included as a condition for them to exclusively operate. It
requires them (page 17-11, item 5 in the agenda) to enter into en agreement with the City for additional service with
terms end conditions which meets the city's approval. They felt that there were appropriate conditions that frame
the exclusive option to operate.
Mayor Nader stated that his concern was that recently he had the opportunity to see some pictorial examples and
a real life example of facilities which promote recycling and some that discourage it by their design. He was not
hearing that we would see what kind of design we have prior to being obligated and negotiate an exclusive operating
agreement. He asked the City Attorney if this agreement gave us this ability?
Mr. Boogaard responded absolutely. If we go forward with the transfer station, you will have to arrange for its
design and construction. That means the Council is going to decide what form its going to take end look like.
Then, if that is approved, if it gets designed end constructed, end if it comes into existence in a form that the
Council is content with; you are making a commitment that the operator of that facility is going to be Sexton. If
we are going to end up financing construction end design, then we are going to be compensated for those costs.
If Sexton does it, then he has to have the right in good faith to recover costs.
Minutes
July 19, 1994
Page 10
Mayor Nader asked wasn't it our normal procedure to select the EIR consultant for the City? If so, why are we
doing it differently?
Mr. Krempl stated that in this case, Sexton was the applicant who was proceeding with the EIR. Normally, the
City does select the EIR consultant. The City does still have the final sign off. If the Council wishes to stipulate
that we hire the EIR consultant, it could be done.
Councilman Rindone stated that if the Council moves forward with the proposed, revised resolution, what would
be the next logical step and how would we approach that in order to expedite the process to meet the continuing
need to actually get the transfer station operating, and what would be a logical time frame to be able to introduce
the second phase of the agreement for consideration?
Mr. Krempl replied that we have had conversations with Sexton as to how the process could be expedited. We
believe with the use of Brown Vance and Associates quickly interacting with staff and with Sexton, we can move
this process along quicker than the time schedule outlined. The next step would be R~ negotiate a construction
contract. It would be between mid-way and 3/4 way through the contract, so we might be looking at a nine month
time period.
Councilman Moore stated that on page 17-3 of the agenda, it states that, *this option does not preclude the City's
ability to name another firm as operator of MRF or allow Sexton to suborntract MRF operations. * There is a lot
of flexibility.
Mayor Neder asked Mr. Boogaard if this language was in the contract?
Mr. Boogaard stated that the contract does not preclude our ability to name another operator of the MRF. It does
preclude our ability to name another operator of the transfer station. To operate the transfer station, we have a good
faith duty to Sexton.
Mayor Nader felt the language in the staff report should be added to the contract.
· Gretchen Brewer, 7648 1/2 La Jolla Blvd, La Jolla, representing Urban Ore, Inc. She stated that in the
conceptual design stage for Sexton, there has been talk of a space needs assessment. If we allow enough and
flexible enough space, then it would be easy to have beth recycling and transfer station operation. She would
support the position being taken of launching the recovery planning in parallel to the other so that the two can be
compatible. She raised the question, how have the recycling and salvaging and reuse and recovery credentials been
evaluated of the firms which have been involved in the process so far?
Mayor Nader asked Mr. Krempl how are we going to verify that the product we get is in fact compatible with the
material recovery needs of the city?
Mr. ICaempl stated that we are going to use staff expertise; Michael Meacham, our Conservation Coordinator; and
our censultant, Brown Vance and Associates.
Mayor Neder asked Mr. Meaeham if he felt comfo~able with that.
Michael Meacham replied that he did feel comfortable with this. He felt the sizing of the transfer station and the
site itself was a critical issue. There were lots of models; we are not the first to enter into the transfer station and
materials recovery facility development.
RESOLUTION 17576 OI~'kERED BY COUNCILMAN RINDONE, reading of text was waived.
Mayor Nader offered an amendment that pursuant to our usual practice, that the City would select the EIR
Minutes
July 19, 1994
Page 11
City Attorney Boogaard stated that the agreement would provide for this on page 17-10, Section 10.A.2.
Reimbursable Consulting Fees of the agenda, winch requires them to use our standard form consulting agreement
winch is a three party agreement.
Mayor Nader stated that we heaxd earlier that they will pick from a pre-approved list is not what will happan.
City Attorney Boogaard added that we do not do pre-approved lists. We will strncmre this. The consultnat is going
to have to ha satisfactory to us and report to us under the CEQA law.
Mayor Nader stated he would vote for the motion with some hesitation. Based on the representations that it does
not preclude us from making arrangements with other contractors to begin work on some of the facilities winch
requires the transfer station be compatible with is to the advantage of the city. His understanding is that this
agreement gives us the flexibility to have that work done as well.
VOTE ON MOTION: MOTION carried 5-0.
Mayor Nader wanted to see staff, for next week's update on the Council Agenda, provide Council with some
additional back ground on where they see our options as being right now in terms of meeting the recycling mandates
of A-939 and how that fits into the action taken tonight.
19. RESOLUTION 17574 DIRECTING STAFF TO PREPARE AN APPLICATION TO THE
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), U.S. DEPARTMENT OF COMMERCE, FOR
FUNDING THE BORDER ENVIRONMENTAL TECHNOLOGY RESOURCE CENTER AND THE
BORDER ENVIRONMENTAL BUSINESS CLUSTER (INCUBATOR PROGRAM); DIRECTING STAFF
TO PURSUE RELATED ENDORSEMENTS, MATCHING GRANTS AND CONTRIBUTIONS; AND
ACCEPTING THE UPDATED BECA PROJECT PLAN - The proposed EDA application wffi request funding
for the Border Environmental Technology Resource Center and the Border Environmental Business Cluster on the
environmentel business incubator program. Staff recomwleRds approval of the resolution. (Director of Commslnity
Development)
RESOLUTION 17574 OI~ERED BY COUNCILMAN MOORE, reading of text was waived.
Councilman Fox asked if Chula Vista was going to be involved in the final approval of the formal proposal because
he didn't see it in the time frame.
Cheryl Dye, Economic Development Manager, presented some time fmme updates: (1) The San Diego Technology
Council made a presentation to them on July 14. They have unanimously endorsed the program and the EDA
application; there will be no need to go beck to them. (2) It looks like we will be going to the San Diego City
Council on August 8 where we will be asking for their formal endorsement. We are requesting that they endorse
the BECA program in concept and that they specifically direct their staff to work with us; we being the lead
applicant and they being the co-applicant to submit a formal application to EDA for the BETRC and BEBC.
Councilman Moore asked if they would be going before the full council or one of their committees and who will
be going7
Chris Sahimone toplied that they believed they would be going before the full City Council and that probably one
of the Council Subcommittee will accompany staff to that preson~ation; either Councilwoman Hotton or Councilman
Fox.
Mayor Nades stated that not addressed in the BECA plan was the question of the BECA governing structure which
is envisioned to be a multi-jurisdictional effort that will require multi-jurisdictional input. It will mean bringing
together environmental concerns, economic conversion concerns, etc. that there be some government structure
provided for through winch the Executive Director repom. He asked that the Council Subcommittee work with
staff to develop, in consultation with other interested parties and jurisdictions, a proposed governance structure.
· l'
Minutes
July 19, 1994
Page 12
Councilman Moore stated that the idea was good, but he would rather not muddy the waters too much until we get
the San Diego Council approval.
Councilwoman Hotton felt that this would evolve at a later date. At this time, we should approve what is before
us and address this at a later time.
VOTE ON RESOLUTION: Motion carried 5-0.
20. RESOLUTION 17575 APPROVING THE OPENING OF ESCROW FOR THE PURCHASE OF
REAL PROPERTY LOCATED AT 746 AND 750 ADA STREET FOR DEVELOPMENT OF AFFORDABLE
HOUSING AND DAY CARE FACILITY, WITH CLOSING OF ESCROW SUBJECT TO FINAL CEQA
AND NEPA REVIEW, AUTHORIZING CITY MANAGER TO EXECUTE PURCHASE AND SALE
DOCUMENTS IN A FORM APPROVED BY THE CITY ATTORNEY AND TO CONDUCT ALL
NECESSARY PROPERTY ACQUISITION ACTIVITIES, AND APPROPRIATING HOME PROGRAM
FUNDS THEREFOR - On 5/17/94, in executive session, Council authorized staff to fmalize negotiations to acquire
two parcels at the northwest comer of Industrial Boulevard and Ada Street for the purpose of developing the child
care facility affordable housing development. Negotiations have been concluded, and escrow documents have been
prepared. Staff recommends approval of the resolution. (Director of Community Development) 4/Sth's vote
RESOLUTION 17575 OI~}'ERED BY COUNCILMAN FOX, reading of text was waived, passed, and
approved 5-0.
21. REPORT APPOINTMENT OF MEMBER TO SANDAG HOUSING ADVISORY COMMITTEE -
The SANDAG Board has approved establishment of a committee to review existing State housing element laws and
current legislation. The SANDAG Executive Director has requested appointment of a member of the Council. Staff
recommends Council appoint a member to serve on the committee. (Director of Planning)
MSUC (Rindone/Nader) to appoint Mayor-dect Horton to the Sandag Homing Advisory Committee.
22. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report was presented by
John Lippitt, Pubhc Works Director.
ITEMS PULLED PROM THE CONSENT CALENDAR
(None pulled)
OTHER BUSINESS
23. CITY MANAGER'S REPORT(S) City Manager Goss stated that the next Council tour was
scheduled for Saturday, August 13, to tour the South Chula Vista Library and EastLake High School Performing
Arts Center. Council concurred that the time should be 8:30 a.m. to 11:30 a.m.
24. MAYOR'S REPORT(S)
Russian Sister City. Mayor Nader stated that in his State of the City speech, be proposed us seeking a sister city
in Russia because he felt there was considerable interest since the fall of the *Iron Curtain" to improve cultund and
economic exchange. Also, because of our very opportune position on what is projected to be the fastest growing
Minutes
July ~, 1994
Page 13
economic boarder region in the world in light of the approval of NAFTA combined with the fact that Russia is going
to be at sometime in the future one of the fas~t growing emerging capitalistic economies of the world. We would
have an opportunity to take advantage of our location as well as current world politics and facilitate a program of
notouly increased cultural exchange but also, hopefully, of increased economic exchange. He wanted to direct staff
to work with the International Friendship Commission and other interested citizens toward obtaining a sister city
relationship in Russia.
Councilman Moore stated that he did not feel that we should be adding a new sister city, unless this Council and
Manager was going to put forth more money. The International Friendship Commission is extremely busy with the
two active sister cities we now have. He felt we should also find out what the interest was in the community.
Mayor Nader stated that what he hoped would happen in response to the motion is that we would work to ascertain
whether the community interest was there and whether that kind of committee could be assembled to make this
work.
MSUC (Nader/Munre) to direct staff to work with the International Friendship Commission and interesled
m~nbers of the community to ascertain citizen interest and support for a Russian Sister City to include
cultural and economic exchange; and if such interest appears to make a sister city relationship viable, to
report back to the Council.
Ratification of appointment: International Friendship Commission - Lawrence Breitfelder.
MSUC (Nader/Horton) to ratify the appointment of Lawrence Breitfelder to the International Friendship
Commission.
Children's Safe Havens ProPosal. Mayor Nader stated that this was also something which he mentioned in the State
of the City speech. Essential, this proposal intended to be a step forward in providing young people in the
community with a safe place where they feel they can go and where there would be access to resources to help them
deal with such issues as drugs, gangs, and child abuse.
MSUC (Nader/Fox) to dire~t the City Manager to have staff seek and work with any church or olher
organization in the community interested in developing a Children's Safe Haven program and to help
coordinate the availability of facilities with counselling and other human resources in the community.
Inspection: Mayor Nader stated that there was an item not on the agends that he could not resist commenting on.
He recently want to an opening of a facility. He was dismayed to hear from the operators of the remodeled facility
that the screws on the front door had been inspected by six different city individuals from four differcot city
departments. He felt that this was something which streamlining was intended to address. He looked forward to
the streamlining recommendations that would be coming soon to Council.
25. COUNCIL COMMENTS: There were none.
CLOSED SESSION
Closed Session items were trailed to follow after the joint City Council/Redevelopment Agency meeting.
The meeting adjourned to a Joint City Council/Redevelopment Agency meeting. The joint City Council/
Radevelopment Agency meeting adjourned to a Closed Session to discuss:
CONFERENCE WITH LEGAL COUNSEL REGARDING: Existing litigation pursuant to Government Code
Section 54956.9
Minutes
July 19, 1994
Page 14
· City of Chula Vista vs. the County of San Diego (Surcharge)
· City of Chula Vista vs. the County of San Diego (Daley Corp. et al, Real Parties in Interest)
REPORT OF ACTIONS TAKEN IN CLOSED SESSION. 'l'here were none.
B~uthelet, CMC
City Clerk