HomeMy WebLinkAboutcc min 1994/08/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, August 23, 1994 Council Chambers
6:08 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Horton (arrived at 6:09 p.m.), Moore, Rindone, and Mayor
Nader
ABSENT: Councilmember Fox
ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney (arrived at
8:06 p.m.); Glen Googins, Deputy City Attorney; and Beverly A. Authelet, City
Clerk
2. FLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MlNUTES: July 26, 1994 (City Council Meeting) and August 10, 1994 (Joint
Meeting of the City Council and the Governing Board of Southwestern Community College District)
Councilmember Rindone requested that the minutes of 8/10/94 be continued as he felt the minutes needed to be
more detailed.
Councilmember Moore stated an amended page 12 had been distributed for the 7/26/94 meeting.
MSC (Rindone/Moore) to approve the minutes of July 26, 1994, as amended, and continue the minutes of
August 10, 1994. Approved 4-0-1 with Fox absent.
Mayor Nader requested that when the minutes of 8/10/94 were returned to Council for approval that the changes
be highlighted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Child Care Commission - Dr. Judith Pidgeen (ex-of~cio); Mobilehome Rent Review
Commission - Carl Grieve; Youth Commission - Stephen R. Noble; Economic Development Commission - Edward
Martija; Town Centre Project Area Committee - Donna Hawk; and, Veterans Advisory Commission - Nick Aguilar,
Joe A. Berlanga, Carmen A. Fedje, Agustive A. Hermes, Jr., I. Joseph Matacia, Robert L. McCauley, and Edmund
R. Scharff.
The Oath of Office was given by City Clerk Authelet to: Child Care Commission - Dr. Judith Pidgeen (ex-of~cin);
Economic Development Commission - Edward Martija; Town Centre Project Area Committee - Donna Hawk; and,
Veterans Advisory Commission - Joe A. Berlanga, Agustive A. Hermes, Jr., I. Joseph Matacia, Robert L.
MeCauley, and Edmund R. Scharff.
b. Introduction of students from Sister City Odawara, Japan - Mayor Pro Tem Horton and
Councilmember Moore presented certificates to Kazunori Aoki, Hitomi Momokawa, Hinako Uchida, and Akira
Toda.
c. Introduction of Lions Club Exchange Students - Doris Cox introduced the students to Council. Mayor
Pro Tem Horton and Councilmember Moore presented certificates to Shizuka Abe, Tashimasa Atachi, Angela
Bailey, Deborah Blake, Dustin Cernitz, Anna Fujimoto, Kaori Fukuoaka, Mayuko Imai, Hiroko Maezuka, Fionna
· I'
Minutes
August 23, 1994
Page 2
McMartin, Tanny Rinehart, Junichi Sawada, Alessandro Tamaya, Blanca Tamayo, Noriko Umeda, Claudia Cruz,
Fumiko Oka, and Temgo Kumehara.
CONSENT CALENDAR
(Items pulled: 5d and 10)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER HORTON, reading of
the text was waived, passed and approved 4-0-1 with Fox absent and Mayor Nader abstaining on Item 6.
Councilmember Rindone voted yes for I{Hn 6 under the Rule of Necessity and upon the advice of the City
Attorney.
5. WRITTEN COMMUNICATIONS:
a. Letter of resignation from the Resource Conservation Commission - Adrien Myers, 1890 Ithaca St.,
Chula Vista, CA 91913. It is recommended that the resignation be accept1 with regret and the City Clerk be
directed to post immediately according to the Meddy Act in the Clerk's Office and the Public Library.
b. Letter of resignation from the Board of Ethics - Janet M. Richter, 14 Prince Charles Dr., Toms River,
NJ 08757. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
c. Claims against the City: Claimant Number I - Raquel Real Hemandez, Claimant Number 2 - Maria
Pulido, Claimant Number 3 - Theola Joyce Smith, and Claimant Number 4 - Megan Smith, c/o Law Office of Leon
Pizante, 9454 Wilshire Blvd., Penthouse, Beverly Hills, CA 90212; Claimant Number 5 - Hilda Jordan, c/o Filicia
& Pasterack, 7676 Hazard Center Dr., Ste. 800, San Diego, CA 92108. It is recommended by the City Attorney
and Risk Management that the claims be denied.
d. Letter requesting an opportunity to address Council on issues affecting neighborhood (i.e. Rancho
del Rey SPA Ill improvements along Paseo Ranchero) - Claudia J. Diamond, President, CC&R Property
Investments, Inc., Diamond Consulting Group, 539 Telegraph Canyon Rd., Ste. 145, Chula Vista, CA 91910. It
is recommended that the letter be accepted and any oral comments be taken via "Items pulled from the Consent
Calendar', and that staff be directed to address Ms. Diamond's issues in their report to Council on tiffs matter.
Pulled from the Consent Calendar.
® Claudia Diamond, 1058 Jarton Place, Chula Vista, CA, President of the Villa Palmera Homeowners
Association, presented Council with a notebook (a copy on file in the City Clerk's office) outlining the following
cencems: lack of notification regarding the public hearing approving the tentative map for Rancho Del Ray SPA
III; transfer of recreational horse trail on the west side of Paseo Ranchero; redesignation of Paseo Ranchero to a
Class I collector street; EIR's what, where, and when; construction time tables; provisions made by McMillan and
the City to ensure health and safety of the residents; and, questions regarding future developments and concerns in
their area.
MS (NaderfHorton) to refer ~ staff the questions brought forth by Ms. Diamond to meet with representatives
of the Homeowners Association and provide a memo to Council regarding the answers (the item did not have
to he agendized).
AMENDMENT TO MOTION: (Moore, agreed lo by the Maker and Second of the Motion) to include the
developer in the meetings.
Councilmember Moore felt the developer should have known Paseo Ranchero would be a major street and should
have informed the buyers. He requested that staff address that issue.
Mayor Nader stated he would incorporate Counciimemher Moore's concern into the motion, agreed to by the
Second of the Motion.
Minute8
August 23, 1994
Page 3
Ms. Diamond stated Attachment K included the standards in place when they purchased their property. Attachment
D included the revised standards which was for a wider street with a higher speed limit.
VOTE ON MOTION AS AMENDED: approved 4-0-1 with Fox absent.
* * * Council met in Closed Session at 8:06 p.m. and reconvened at 9:32 p.m. * * *
6. ORDINANCE 2599 AMENDING SECTION 19.64.150 OF THE MUNICH'AL CODE AND
ADDING SECTION 19.64.155 TO MODIFY THE NONCONFORMING USES REGULATIONS
PERTAINING TO THE REPLACEMENT OF RESIDENTIAL CONDOMINIUMS (second reading and
adoorion) - Recently potential buyers of an individual condominium unit could not obtain financing because the
project within which the unit is located is nonconforming with respect te present density limitations. Therefore,
the rebuilding of the same number of units could not be guaranteed if the project has more than 60 % destroyed per
the City's nonconforming use restrictions. Staff believes it is a problem unique to condominiums which should be
addressed by amending the code to allow replacement in such cases. Staff recommends Council place the ordinance
on second reading and adoption. (Director of Planning)
Mayor Nader and Councilmember Rindone stew, d they had abstained from participation at the first reading of the
ordinance in order to avoid a conflict of interest. (Mayor Nader owns a condomiuium and Councilmember Rindone
owns apartments.) Mayor Nader stated that due to the absence of Councilmember Fox the item would not be
approved unless one of them was able to participate. He questioned whether the Rule of Necessity would apply.
Glen Googins, Deputy City Attorney, responded that it would, Mayor Nader and Councilmember Rindone could
flip a coin. A coin toss was then held and Mayor Nader was to abstain from participafion.
7.A. ORDINANCE 2600 APPROVING THE PREZONING OF 22.7 ACRES OF UNINCORPORATED
LAND TO P-C PLANNED COMMUNITY AND ADOPTING MITIGATED NEGATIVE DECLARATION
ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO fsecond
reading and adoption) - The EastLake Development Company has requested amendments to the EastLake II
General Development Plan, EastLake Greens Sectional Planning Area (SPA), EastLake II (EastLake I Expansion)
Planned Community District Regulations, EastLake Greens Air Quality and Water Conservation Plan, EastLake
Greens Master Tentative Map and a prezone and addition of approximately 22.7 acres of unincorporated land to
the existing EastLake Greens SPA area. The purpose for the request is to: (1) Incorporate into the planning and
regulatory framework of the EastLake Greens SPA Plan those parcels of the EastLake Greens General Plan
Amendment which take access from the internal circulation of the EastLake Greens Planned Community (northeast
of the SDG&E transmission lines); (2) Improve the spatial and functional relationship of residential density/product
distribution within the EastLake Greens Planned Community area; and, (3) Update the EastLake Greens SPA Plan
and supplementary documents to reflect current statistics and technical refinements based on site plan approvals and
market considerations. Staff recommends Council place the ordinances on second reading and adoption. (Director
of Planning)
B. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I
EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY)
AND ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM THERETO (second readin~ and adoption)
8. RESOLUTION 17623 ACCEPTING THE FEASIBILITY STUDY REGARDING A SHARED
BIOTECHNICAL PILOT MANUFACTURING FACILITY; AUTHORIZING PAYMENT TO NIELSEN
CAPITAL GROUP, INC., AND AUTHORIZING THE MAYOR AND MAYOR-ELECT TO SIGN A
LETTER OF SUPPORT FOR BIOSHARE - On 2/4/94, Council approved an agreement with Nielsen Capital
Group, Inc. for the preparation of a feasibility study regarding a contract biotech pilot manufacturing facility within
the new High Tech/Biotech Zone at the EastLake Business Center. The study was intended to analyze the High
Tech/Biotech Task Force's recommendation that the City act as a catalyst to the development of this type of
operation/facility in order to "seed" the Zone for tenant companies as well as "spin-off" full manufacturing plants.
Minutes
August 23, 1994
Page 4
The Study was approved in the amount of $18,500, with fifty percent to be paid up front by EastLake and the other
fifty percent to be paid upon acceptance by the City. Staff recommends approval of the resolution. (Director of
Community Development)
9. RESOLUTION 17624 ACCEPTING CALIFORNIA STATE LIBRARY SERVICES ACT
FAMILIES FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM,
APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .79
FULL TIME EQUIVALENT POSITIONS - The Chula Vista Literacy Team has been awarded a $23,000
California Library Services Act Families For Literacy grant from the California State Library to develop and offer
special family literacy services tu adult learners and their young children. These funds cannot be used to supplant
the current tutor reading program. Staff recommends approval of the resolution. (Library Director) 415th's vote
10. RESOLUTION 17625 APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER
NUMBER EIGHT WITH DOUGLAS E. BARNHART, INC., FOR FRAMING, LIGHTING,
MECHANICAL/ELECTRICAL AND OTHER MISCELLANEOUS CHANGES - Change Order Number Eight
is comp4r~ed of various components, including: (1) Framing changes to accommodate theft detection system and duct
work, doorway modifications and roof crickets; (2) Mechanical/electrical changes; (3) Deletion of light fixtures in
Story Room and addition of light fixtures in Browsing; and (4) Other miscellaneous changes, including consolidation
of pool equipment. Change Order Number Eight totals $10,556, sixty-five percent of which will be reimbursed by
the State grant. Staff recommends approval of the resolution. (Library Director and Director of Public Works)
Pulled from the Consent Calendar.
Councilmember Rindone stated he had reservations that a change in color would not be more expensive later. He
did not have other concerns with the change order.
RESOLUTION 17625 OI~'/0'ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-1 with Fox absent.
11. RESOLUTION 17626 AUTHORIZING THE CITY ENGINEER TO EXERCISE THE CITY'S
RIGHT TO TADE OVER AND UTILIZE A PORTION OF RANCHO DEL REY PARKWAY AND DEL
REY BOULEVARD - McMillan Company, in the process of developing the Rancho del Rey subdivision has built
portions of Rancho del Rey Parkway and Del Rey Boulevard that serve individual subdivision units within the
overall development that are "backbone" streets and essential to serve those individual tracts. Because the subject
streets were constructed and bonded as part of the individual tracts they ordinarily will not be accepted by the City
until the work on the entire subdivision is complete. The future residents of the subdivisions will be using the
streets which have not been accepted intu the public system for maintenance and McMillan has a concern over the
liability. The "Standard Specifications for Public Works Construction" (Green Book) provides a method for the
City to take over the use of the streets before their final acceptance. Staff recommends approval of the resolution.
(Directur of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING TO DETERMINE CITY MANAGER'S REASONS FOR TERMINATION
OF LYMAN CHRISTOPHER PURSUANT TO SECTION 500(b) OF THE CITY CHARTER - Lyman
Christopher previously requested and has received a written statement of reasons for his dismissal as Director of
Finance under Section 500(b) of the Charter. The Charter provides for a hearing regarding the statement of reasons
for dismissal of an unclassified employee, if such an employee has requested a written statement of the reasons for .
dismissal. Staff recommends approval of the resolution. (Administration ~"
Minutes
August 23, 1994
Page 5
RESOLUTION 17627 ACCEPTING THE CITY MANAGER'S STATEMENT OF REASONS FOR
TERMINATION OF LYMAN CHRISTOPHER
The public hearing was trailed until the City Attorney arrived.
Mayor Nader stated the public hearing was to determine the City Manager's reasons for termination of Lyman
Christopher pursuant to Soction 500(b) of the City Charter. It was commonly called a "Name Clearing Hearing"
which was provided for in the City Charter. A terminated employee could request such a public hearing to give
his/her side of the story and for Council to accept, if they chose to, the City Manager's sopoft.
This being the time and place as advertised, the public heating was declared open. There be'me no public testimony,
the public hearing was closed.
Mr. Boogaard stated staff was requesting that Council receive into the record of the proceedings three items: 1)
8/3/94 letter from the City Manager to Lyman Christopher giving notice of the hearing and transmitting a statement
of reasons for dismissal; 2) the written statement of reasons for dismissal of Lyman Christopher as Director of
Finance as prepared by the City Manager, dated 3/19/94; and, 3) 8/23/94 agenda statement regarding the public
hearing.
Mayor Nader stated there was no objection and the documents would be received into the record.
Mr. Goss stated the dismissed employee had the right to file a written reply or answer the charges. The reply
would be made part of the record of the hearing. The dismissed employee was notified of that right and of the
hearing and no written reply or answer to any of the reasons for dismissal had been received by the City from Mr.
Christopher or his attorney, or to his knowledge, by any other party.
Mayor Nader stated he was comfortable with deferring to the City Manager in the matter, that it was an appropriate
management decision that was in his prerogative in termination of a department head. But, be was not certain he
was comfortable in saying that in each and every respect that every finding the City Manager had made that he could
personally adopt because the City Manager had read documents he had not been provided with. He questioned if
these was a necessity for Council to formally adopt the City Manager's findings.
Mr. Booganrd responded that Council would be adopting the written statement of reasons that were sited as Exhibit
A by adoption of the resolution. He felt it was appropriate, once Council had given the heating right, that Council
concur in his written statements.
Mayor Nader questioned if adoption of the resolution constituted a wholesale adoption by Council of all the City
Manager's findings or of only the reasons for termination.
Mr. Boogaard responded that it would only be for the reasons of termination.
Mayor Nader stated with that clarification he would offer the resolution.
RESOLUTION 17627 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved
4-0-1 with Fox absent.
13.A. PUBLIC HEARING CONSIDERING ADOPTION OF THE NONDISPOSAL FACILITY
ELEMENT (NDFE) AS REQUIRED BY AB 440 - California Public Resources Code, Sections 41730 et seq,
requires every California city and county to prepare and adopt a NDFE for all new nondisposal facilities, and any
expansions of existing nondisposal facilities, which will be needed to implement local Source Reduction and
Recycling Elements. A nondisposal facility is defined as any solid waste facility required to obtain a state solid
waste facility permit, except a disposal facility or a transformation facility. Examples are transfer stations, mixed
waste materials recovery facilities and composting facilities. Assembly Bill 440 established an NDFE reporting
schedule based on remaining permitted disposal capacity. The County of San Diego has less than 15 years disposal
capacity and local jurisdictions are required to submit NDFE's directly to the State by 8/31/94. Staffrecommends
approval of the resolution. (Administration)
Minutes
August 23, 1994
Page 6
RESOLUTION 17628 ADOPTING THE NDFE AND AUTHORIZING THE CITY MANAGER TO
SUBMIT THE DOCUMENT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
(CIWMB) AND THE COUNTY OF SAN DIEGO FOR INCLUSION IN THE COUNTYWIDE INTEGRATED
WASTE MANAGEMENT PLAN
B. REPORT STATUS REPORT TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD (CIWMB) REGARDING SOLID WASTE DIVERSION PROGRESS AS
REQUIRED BY AB 440 - The California Integrated Waste Management Act of 1989 (AB 939) requirc~l that all
cities and counties prepare formal plans aimed at waste stream diversion goals of 25% by 1995 and 50% by the year
2000. Specifically, cities were required to adopt two "elements*: one addressing source reduction, recycling, and
cornposting programs; and the other addressing the elimination of illegal disposal of household hazardous waste.
Council adopill thos~ elements on 12/15/92. Failure to comply with the preparation of a plan and achievement of
the waste stream reduction goals may leave a jurisdiction subject to State-imposed fines of up to $10,000 pe~r day.
AB 440 amended AB 939 to require each local jurisdiction to file a status report with the CIWMB. The purpose
of the AB 449 status report is to summarize and report the City's efforts in establishing waste diversion programs,
its progress towards me~ting the 25% diversion goal by 1995 and any additional program plans for the immediate
future. AB 440 further provides that the information provided by the jurisdictions will not ha used for enforcement
purposes. The report is due to the State on or before 8/31/94. Staff recommends Council accept the report. This
reaort does not require a Dublie hearing. but is a related item. (Administration)
This being the time and place as advertised, the public hearing was declared open.
· Daniel Schoen, 1202 La Media Road, San Diego, CA, representing Organic Recycling West, Inc., stated
he was in support of the staff recommendations.
There being no further public testimony, the public heating was closed.
MSC (MoorefNader) to approve Resolution 17628 and accept the staff report. Approved 4-0-1 with Fox
absent.
14. PUBLIC HEARING PCC-94-48: REQUEST FOR A CONDITIONAL USE PERMIT TO
ESTABLISH A PRIVATE SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AT 625 OTAY LAKES
ROAD - The applicant, Bonita Country Day School, is requesting permission to establish for an interim five year
period a private school serving up to 140 pre-kindergarten through sixth graders in nine modular buildings on the
northerly undeveloped portion of the Risen Savior Lutheran Church property at 625 Otay Lakes Road within the
Bonita Long Canyon Planned Community. Staff recommends approval of the resolution. (Director of planning)
RESOLUTION 17629 GRANTING CONDITIONAL USE PERMIT PCC-94-48 TO ESTABLISH
FOR AN INTERIM PERIOD OF FIVE YEARS A PRIVATE SCHOOL AT 625 OTAY LAKES ROAD AND
AUTHORIZING EXECUTION OF AGREEMENT TO REMOVE SAME AT END OF CUP PERIOD
This being the time and place us advertised, the public hearing was declared open.
· Suzanne Catanzaro, 372 Camino Elevado, Chula Vista, CA, representing Bonita Country Day School,
stated Bonita Country Day School was a continuing non-profit school which had a 30 % learning disabled enrollment.
The property had an existing use for a school and she showed Council a schematic drawing of the facilities. She
expressed concern with Condition #2 which required that the add-ons and landscaping be in place prior to
occupancy. If they were not able to phase in those developments the start of school would be delayed. She
requested Council approve the CUP and their proposed phasing plan.
Councilmember Horton questioned if the Catanzaro' s phase in plan was the plan included in the staff report on page
14-11.
Robert I.~iter, Director of planning, stated that was correct.
Those speaking in support of the CUP and phasing plan for Bonita Country Day School were:
Ii
Minutes
August 23, 1994
Page 7
· Peter Motion, 897 Buena Vista Way, Chula Vista, CA
· Dan E. Wilkens. 3848 Avenida San Miguel, Bonita, CA
· Paul Catanzaro, 372 Camino Elevado, Chula Vista, CA, representing Bonita Country Day School, stated
they were the only independent private and alternative school in the South Bay. He felt the school
was an asset to the community.
· Rick Johnson, 391 Bayleaf, Chula Vista, CA, Pastor of Risen Savior Lutheran Church, stated he had
served on the Community Purposes Facilities Task Force which had recommended the joint use
of church facilities with other non-profit organizations which was what they were trying to do.
The site was previously approved for a school, i.e. the Church master plan had called for six
classrooms. He felt Bonita Country Day School had a good reputation and would benefit the
eastern Chula Vista Community.
Councilmember Horton questioned if any objections had been registered against the project.
Mayor Nader stated there were none.
Councilmember Rindone questioned the commitment of the Church that prior to the end of the five year period the
Church would be proceeding to build permanent classroom facilities.
Mr. Johnson responded that it was a difficult question to answer. Their long range strategic master plan called for
their own school in five years, but due to the economy they could not make that commitment.
Mr. Leiter stated Condition IIIB of the resolution dealt with the future extension of the CUP.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, submitted a
slip in support of Bohita Country Day School and waived his time to speak.
· Dennis Napier, 776 D Avenue, Coronado, Ca, representing Risen Savior Lutheran Church, submitted a
slip in support of Bonita Country Day School and waived his time to speak.
There being no further public testimony, the public hearing was closed.
RESOLUTION 17629 OFFERED, AS AMENDED BY THE PHASING PLAN ON PAGE 14-11, BY
COUNCILMEMBER HORTON, reading of the text was waived.
Mayor Nader questioned if the CUP had come before Council due to an appeal of the decision of the Planning
Commission.
Steve Griffin, Principal Planner, responded that it was an unclassified use that would naturally go to Council.
Mayor Nader stated that was an example of what should be changed in the CUP streamlining procedure. If the
planning Commission unanimously apprnved a CUP that did not involve anything that was threat to the public health
and if there were no appeals it should not have to be brought to Council for action.
Councilmember Moore stated that applicants had failed to do what they had promised in the past, but he would vote
for the motion because it was a school. The State regulated schools and the City had not required any other school
to have landscaping prior to occupancy.
VOTE ON MOTION: approved 4-0-1 with Fox absent.
15. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT-OF-WAY FOR OTAY VALLEY
ROAD - In order to construct the Otay Valley Road widening project, the City needs to obtain a portion of the
property owned by SNMB, L.P (a Delaware Limited Partnership). The property is located at the easterly end of
the project and consists of about 1.0907 acres. The right-of-way acquisition consultants, Ryals & Associates, have
exhausted th~ir efforts to obtain the dedication on a friendly basis. Due to time constraints, staff cannot wait any
longer and must begin eminent domain proceedings. Staff recommends that the nublic hearing be continued to
916[94. (Director of Public Works)
Minutes
August 23, 1994
Page 8
This being the time and place as advertised, the public hearing was declared open.
MSC (Nader/Moore) to continue the public hearing ~o the meeting of 916194. Approved 4-0-1 with Fox
absent.
ORAL COMMUNICATIONS
® Robert McCauley, 1987 Bucknell, Chula Vista, CA, stated he had faxed information to the Mayor's office
regarding the National POW/MIA Recognition Day on 9/16/94. He requested that a proclamation be prepared in
recognition and that the City fly the POW/MIA flag.
Mayor Nader stated that someone would be contacting Mr. McCauley regarding a presentation.
® Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated they
had requested a forty-five day delay on the storm water drain ordinance. He felt there had been an outstanding
effort on the part of the City in communicating with the business community.
® Brad Lanier, 366 Quintard Street, Chula Vista, CA, expressed his concern with the exterior color scheme
of the South Chula Vista Library. He felt the library should enhance the neighborhood and requested that a model
be made available so the neighborhood could see the final color scheme.
Councilmember Hotton stated she bed originally shred their concerns, but felt an experienced world-renowned
architect had been hired. She did not feel she had the experience in that area and suggested the neighborhood wait
until the building was completed and the landscaping was in before making a final judgemerit.
Councilmember Rindone stated he had pulled Item 10 for that specific reason. He had the same concern and was .T"'
had not been afraid to express his reservations. The staff report did indicated that the wrong exterior color had been
delivered. He questioned if it was the wrong color.
David Palmet, Library Director, responded that the final product had been installed on the building, 75% of the
exterior wall color had been installed. The color on the building was the correct color as approved by the Design
Review Committee and architect. It was also the color shown to the public at the town meetings.
Councilmember Rindone stated it was his opinion that the color on the library was not the same color as the model
shown to the DRC or Council. He felt it was decidedly different.
Councilmember Hotton felt it was very similar to the color on the model. The perception of a different color could
be due to the size of the building versus the model.
Councilmember Moore felt the project should be completed with the funds allocated and then reviewed.
Mayor Nader questioned how people were notified of the town meetings.
Mr. Palmar responded the meetings were advertised in the Star News end notices were mailed to all property
owners within the standard Planning Department radius. The model was also on display at a variety of locations.
Mayor Nader stated he had relied on the fact that the model had been shown at town meetings. Renters were a
legally recognized property interest and he felt notices should be mailed to them when a project would affect their
neighborhood. He agreed the project should be completed before any further action was taken by Council.
Mr. Lanier stated he could obtain statements from three neighbors that saw the model and voiced their strong
opposition to the colors. They had been assured by staff that it was not the final color scheme, it was subject to
review, end was for illustration only.
Mr. Goss stated the roof would be a major component of the facility along with the landscaping. He felt the project ?
needed to be cempleted. A model could never fully represent a color due to the scale of the model.
Minutes
August 23, 1994
Page 9
Mr. Lanier informed Council that it was his intention to circulate a petition requesting the Council appo'mt a
neighborhood review board to review other color schemes and make final recommendations to Council.
Mayor Nader urged Mr. Lanier to wait until the building was completed, due to the expense involved, and if the
neighborhood was still unhappy Council could then review their request.
Mr. Goss felt it would be worthwhile to have Mr. Lanier meet with staff and the architectural firm to see what the
completed project would look like.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
16. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
George Krempl, Deputy City Manager, stated staff had met with the local enforcement agency of the County Health
Department which provided information on the LEA and what they could do to serve the City. They also expressed
their interest in continuing to serve the City, but if fife City chose someone else they would work through the
transition period and would help with the CEQA process regarding the transfer station. Staff was also moving
forward with the RFP and in the interim would take advantage of the County services. Staff also met with
representatives of the Solid Waste Authority regarding participation in developing and siting of a transfer station,
as well as, any possible interest they may have in becoming a user of a transfer station. The response they had
received was not positive as they felt the present landfill system had adequate capacity to serve their members and
ifotherjurisdictionswithdrewtheywouldhaveexcesscapacity. A further mceting with the San Diego Solid Waste
Authority was held to get information on the status of authority, vision for the future, rates in effect and contract
options. It was suggested that the non-member agencies take a unified stance along the following four points: 1)
more time was needed to be able to consider the contract options; 2) time frame, i.e. 12/1/94 as the deadline to
enter into a contract and the rates would take effect on 1/1/95; 3) existing rates would be held at $55/ton during
the interim period; and 4) the Authority authorize their general manager to have the ability to negotiate with the non-
member cities regarding contract options and counter proposals. Staff was asking Council for feedback regarding
the preparation of a letter, for the Mayor's signature, outlining those four points.
Mayor Nader questioned if the City had the option to join at any time and receive the member rate.
Mr. Krempl responded that all of the provisions that went along with becoming a member would be in full force
and effect. When becoming a member the City would be buying into the system, the liabilities of the system, the
withdrawal provisions, and other contract provisions. It was not automatic that the City could become a member,
it was up to the authority to decide.
Mayor Nader stated that discretion was of concern to him. He felt that point was an area for negotiation and
modification. He questioned if the agreements were a form of flow control, i.e. the City would obligate itself to
put all of the eligible trash into the system for that period of time.
Mr. Krempl responded that was correct, i.e. 100%.
Mayor Nader stated his motion last week was not in~nded to limit the City to a transfer station, but was aimed
toward any facility that would lower costs in the region. He felt the same principal should apply to Otay Land fill.
Minutes
August 23, 1994
Page 10
MSC (Rindone/Moore) to direct staff to draft a letter for the Mayor's signature supporting the four points,
i.e. 1) more time was needed to he able to consider the contract options; 2) time frame, i.e. 12/1/94 as the
deadline to enter into a contract and the rates would take effect on 1/1/95; 3) existing rates would he held at
$55/ton during the interim period; and 4) the Authority authorize their general manager to have the ability
to negotiate with the non-member cities contract options and counter proposals and requesting an immediate
response. Approved 4-0-1 with Fox absent.
Mayor Nader stated staff was to return on 9/6/94 with options for potential action by Council.
17. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
John Lippitt, Director of Public Works, stated there had been movement by some of the attorneys for the non-
member agencies to work together and look at the issues.
Mayor Neder stated that a closed session had been scheduled to discuss potential litigation.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 5d and 10. The minutes will reflect the published agenda order.
OTHER BUSINESS
18. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. No report given.
19. MAYOR'S REPORTf S)
a. Ratification of appointment to the Youth Commission - Bracken Ellis.
MSUC (Nader/Mnare) to ratify the appointment of Bracken Ellis to the Youth Commission. Approved 4-0-1
with Fox absent.
20. COUNCIL COMMENTS
Councilmember Rindone
a. Chula Vista Trolley Stations: Attendant Donation Center (presentation by Judy Leitner, MTDB). A brief
slide presentation was given by Judy Leitner, MTDB.
MSC (Rindone/Moore) to refer to staff for evaluation and recommendations the issue of an Attendant
Donation Center at a Chula Vista Trolley Stations at "H" Street and Palomar. The report to be brought back
as soon as possible for Council review and action. Approved 4-0-1 with Fox absent.
Minutes
August 23, 1994
Page 11
City Manager Goss informed Council that staff had been in contact with MTDB and had indicated their concern
regarding appearance, the precedent it might set for other requests, and whether or not there was that much of a
police problem. Staff wanted to discuss those issues in more detail and would report buck to Council.
Councilmember Moore
b. Discussion and possible action regarding B/C/C members absenteeism excused/unexcused (reference page
12 of B/C/C handbook). Members with attendance of 75% and members with unexcused absences of over 25%.
Continued to the meeting of 9/6/94.
c. Consideration of in-house/staff training vs. conferences. Continued to the meeting of 9/6/94.
d. Councilmember Moore stated a letter had been re, c~ved from Cox Cable regarding a commitment to equip
the telecenter. He requested a motion to consider the item under the rules of urgency becaus~ it had just been
received and they needed tentative direction prior to the opening of the telecenter on Thursday.
MS (Nader/Horton) to consider the proposal by Cox Cable as an urgency item.
Mr. Goss stated the proposal by Cox Cable had been received at noon on 8/23/94 and there was a desire to coma
to an understanding with them, at least conceptually, so the announcement could be made with the opening of the
telecenter on Thursday.
VOTE ON MOTION: approved 4-0-1 with Fox absent.
MS (Menre/Nader) Council approve the concept as set forth by Cox Cable and the City Manager, subject to
negotiations and legal technicalities agreed upon by the utility company, the City Attorney, City Manager and
grant entities.
Councilmember Moore stated there were ink changes on the letter and those were points for the City Manager to
work with Cox Cable. One change not noted was that the name and promotional material be done in a n~nner to
be determined through staff liaison through the appropriate people.
Mr. Goss stated his memo was in response to the letter. He felt staff needed to verify that the equipment being
provided was of the value stated and that it met the needs of the telecenter. It was not a gift, but the use of the
equipment for a two year period. The acceptance of the offer would help to show that it was a public/private
partnership. He felt they should get recognition, but was uncertain as to whether their name should be included
in the name of the telecenter. An advisory roll was excellent. The first right of refusal was one sided, but from
a policy perspective the loan of equipment could aid Council's decision to give them first right of refusal.
Mayor Nadar questioned whether the handwritten comments on the letter were included in the motion.
Councilmember Moore stated that was correct.
Councilmember Rindone stated he was concerned with the request of placing Cox Cable's name on the exterior of
the building.
Councilmember Moore stated that would be an item negotiated by management.
Mr. Goss stated it would be his intent, if Council appruved the letter proposal, to work with Cox Cable regarding
name recognition and return to Council. It would be his intent to do that prior to implementation. The main
Minutes
August 23, 1994
Page 12
~"~
emphasis of the exterior would be the telecenter information on the front of the building with something of a lesser
size, and still large enough to acknowledge Cox participation, on the building.
Councilmember Moore sta{~l he had a problem in going back to Council on a minor item. The eventual goal would
be to have private industry take over the center and questioned whether that would drive private industry away.
· Rod Davis, Chairman, Citizens Task Force, stated it was their intention to not have any sign on the outside
of the building as signs were approximately $5,000. He now sew a sign, paid for by the Cox Cable donation, that
would sey "City of Chula Vista Telecenter sponsored by Caltrans, APCD, and Cox Cable". He felt it could be
tastefully done with credit b~mg given to everyone. The only City money invested in the telecenter was staff time,
the rest had been grant money from other sources.
Mayor Neder stated that type of sign was what he had in mind also.
VOTE ON MOTION: approved 4-0-1 with Fox absent.
Councilmember Rindone
e. Councilmember Rindone stated he had received notice of vacancy for the Board of Ethics which stated the
nominating authority was the City Council. He was under the impression that it was the Municipal Court Judge.
Mayor Nader clarified that the Board of Ethics was handled the seine as most of the boards/commissions, i.e.
recommendation under the Mayor's Report and approval by the City Council. However, the tradition established ~-~
was that a letter be sent to the presiding judge of the Municipal Court with all of the applications requesting that
he review them and make recommendations to the Council. The Mayor then submitted the names recommended '
by the Municipal Court Judge. Legally, the position had to be approved in some form by the Council. The system
had been developed to give some independence to nominations for that particular board because of the possibility
of theft b~mg called on to investigate a member of the Council.
Councilmember Rindone felt it was important for the public to understand that process.
CLOSED SESSION
Council met in Closed Session at 8:06 p.m. and reconvened at 9:32 p.m., recessed at 10:23 p.m. and reconvened
in Closed Session at 12:17 a.m.
21. CONFERENCE WITH LEGAL COUNSEL - Existing litigation pursuant to Government Code Section
54956.9
·Christopher vs. the City of Chula Vista
22. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council of
Engineers (WCE), Police Officers Association (POA), and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
Minutes
August 23, 1994
Page 13
23. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Govermnent Code
Section 54956.9
· Significant exposure to litigation pursuant to subdivision Co) of Section 54956.9 relating to the
Solid Waste Authority contract rate and metro sewer service rights: 2
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Govermnent Code Section
54957
· Title: City Attorney
24. CONFERENCE WHH REAL PROPERTY NEGOTIATOR - Pursuant to Govermnent Code Section
54956.8
· Property: School District property next to Community Hospital Medical Center.
Negotiating parties: John Goss.
Under negotiation: Potential acquisition of site for Veterans Home.
25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION Council reconvened at 12:37 a.n. - No final
actions were taken in Closed Session or reported.
ADJOURNMENT
ADJOURNMENT AT 12:38 A.M. to the Regular City Council Meeting on Septeraber 6, 1994 at 4:00 p.m. in the
City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 10:24 p.m. and adjourned at 12:16
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk