HomeMy WebLinkAboutcc min 1994/09/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, September 6, 1994 Council Chambers
4:11 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Hotton, Moore (lel~ the meeting at 9:28 p.m.), Rindone,
and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: August 16, 1994 and August 23, 1994.
MSUC (Fox/Rindone) to approve the minutes of August 16, 1994 and August 23, 1994 as presented with
Councilmember Fox abstaining on the minutes of August 23, 1994.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Bracken Ellis - Youth Commission. Mayor Nader stated the Oath of Office was
administered by City Clerk Authelet to Bracken Ellis in the City Clerks Office.
b. Report from Port Commissioner Robert Penner. {Time certain - 6:00 p.m.) No report was given.
c. Proclaiming Saturday, October 1, 1994, as "SWEATER SATURDAY." The proclamation was
presented to Pat Barnes, Government Representative of the San Diego Gas & Electric Company, South Bay District
Office, by Councilmember Moore.
d. Proclaiming Friday, September 16, 1994, as "NATIONAL POW/MIA RECOGNITION DAY." The
proelamatinn was presented to Robert McCauley, Veterans Advisory Commission representative, by Councilmember
Moore.
CONSENT CALENDAR
(Items pulled: 12 and 19)
BALANCE OF THE CONSENT CALENDAR O/~'I~'ERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved 4-0-1 with Horton absent.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting Council adopt a resolution in opposition to an initiative that would amend the
County's General Plan and Zoning Ordinance to allow a landfill in the Pala/Pauma area of Northern San
Diego County. Pam Slater, Chairwoman, Supervisor, Third District, San Diego County Board of Supervisors,
1600 Pacific Highway, Room 335, San Diego, CA 92101-2470. It is recommended that this request be referred
to staff for evaluation and review.
b. Letter requesting Council adopt a resolution in opposition to Proposition 188, a measure repealing
all State and local tobacco control laws, sponsored by Phillip Morris, which will appear on the November
ballot. Debbie Kelley, American Lung Association of San Diego and Imperial Counties, 2750 Fourth Avenue, San
Diego, CA 92103. It is recommended that the resolution be approved.
Minutes
September 6, 1994
Page 2
RESOLUTION 17633 OPPOSING PROPOSITION 188 - THE PHILLIP MORRIS INITIATIVE
c. Letter requesting Council reconsider installation of traffic signal lights at the intersections of Otay
Lakes Road and Elmhurst Street and Otay Lakes Road and Gotham Street. Joseph M. Conte,
Superintendent/President, Southwestern College, 900 Otay Lakes Road, Chula Vista, CA 91910. It is recommended
that staff be directed to communicate with Southwestern College.
Mr. Goss sated that because the two intersections were so close together staff felt the operation of one signal would
be effective and there would not be a need for two signals.
6. ORDINANCE 2598 AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND RESCINDING ORDINANCE NUMBER 2591 (second reading and adootion) - On 5/3/94, Council adopted
Resolution 17467, declaring the City's intent to amend its contract with the Public Employees' Retirement System
(PERS) to include the optional benefit known as Military Service Credit as Public Service for local miscellaneous
and local safety members. On that same date, an ordinance was placed on first reading to begin the amendment
process, then placed on the 5/10/94 agenda for adoption. PERS law requires a period of at least twenty days
betwean the first reading and adoption of an ordinance to amend the contract. In order to amend the contract, as
agreed with the employee associations, Ordinance 2591 must be rescinded and a new ordinance placed on first
reading, then adopted at least twenty days later. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Personnel)
7. RESOLUTION 17634 APPROVING THE 18TH AMENDMENT TO THE AGREEMENT WITH
THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION
MAINTENANCE AT THE "J" STREET MARINA BAYSIDE PARK AND ADJACENT LANDSCAPE
MEDIANS - In 1993, Council authorized the 17th Amendment to an agreement with the San Diego Unified Port
District for grounds and comfort station maintenance at the 'J' Street Marina, Bayside Park, and the landscape
medians on Tidelands. Staff recommends approval of the resolution. (Director of Parks and Recreation)
8. RESOLUTION 17635 AUTHORIZING STAFF TO APPLY FOR STATE DEFENSE
ADJUSTMENT MATCHING GRANT FUNDS - The California Defense Adjustment Matching Grant Program
is designed to provide up to $100,000 in matching funds for communities seeking Federal funding of defense related
economic adjustment strategies and programs. Chula Vista will be seeking funds to help pay the operational costs
of the Border Environmental Technology Resource Center. Staff recommends approval of the resolution. (Director
of Community Development)
9. RESOLUTION 17636 AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR
FUNDING UNDER THE BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS PROGRAM; THE
EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY
AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN
THE BEGIN PROGRAM - The California Department of Housing and Community Development (Department)
has made available Federal funds for the BEGIN Program. BEGIN is operated as a model program with funding
from the Home Investment Partnerships Program authorized by the Cranston-Gonzalez National Affordable Housing
Act of 1990. The Department is providing BEGIN funds to cities and counties for use as assistance for low-income
first-time homebuyers. BEGIN funds may be provided to homebuyers for (1) down payment assistance, (2) dosing
cost assistance, and/or (3) second mortgages. Staff secks approval to compete fur the funds which, undes the Notice
of Funding Available, makes $5.7 million available for distribution State-wide. Staff recommends approval of the
resolution. (Director of Community Development)
10. RESOLUTION 17637 ACCEPTING BID AND AWARDING CONTRACT FOR THE
"CONSTRUCTION OF OTAY TOWN AREA STREET IMPROVEMENTS, PHASES II AND III (RD-204)" -
Minutes
September 6, 1994
Page 3
During the Fiscal Year 1993/94 Capital Improvement Program budget process, Council appmved additional funding
for the Otay Town Neighborhood Revitalization Program (NRP). The program basically had the goal of providing
basic public improvements to the Otay Community. The additional funding represented the third and final
implementation phase of the NRP. In the course of designing the improvements for the project, staff met with the
property owners on 6/8/94 to brief them on the proposed improvements, address any concerns and take
recommendations on vations aspects of the project. All the property owners in attendance supported the City's
efforts in getting the project done. Staff recommends approval of the resolution. (Director of Public Works and
Director of Community Development)
Councilmember Rindone questioned why staff costs were included in the Fiscal Impact.
Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that it was included to round out the
funding balance. It was the design and inspection costs for the project and not direct contract costs. Staff costs
were funded directly against each identifiable CIP project so the General Fund did not bear the costs. It was taken
out of the Otay Neighborhood Revitalization program funds.
Mr. Goss stated it was from Block Grant funds that supported the neighborhood revitalization program. Previous
direction by Council was for staff to do more of the design work as it was felt it was cheaper than utilizing
consulting titms.
* * * Coundlmember Herton left the dins at 4:24 p.m. * * *
Councilmember Rindone stated he was under the impression the City was always short on the CDBG funds and
questioned whether that had been a previous policy. He requested that a copy of the policy be forwarded to him
for review.
Mr. Goss stated that was correct. It was not a part of the funds for social services, but for CIP projects.
11. RESOLUTION 17638 APPROVING AN AGREEMENT WITH THE CALlFORNIA
DEPARTMENT OF TRANSPORTATION FOR AN INTERCHANGE TRAFFIC SIGNAL IMPROVEMENT
AT INTERSTATE ROUTE 805 AND EAST ORANGE AVENUE AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT - The California Department of Transportation (Caltans) has completed a project
report for the subject interchange traffic signal improvement. Caltrans is now prepared to enter into a cooperative
agreement with the City to share the cost for the design, construction, and maintenance of the proposed signal
project. The construction of the project is scheduled to commence in August of 1995. The project report is the
basis for the cooperative agreement in determining work to be done, design specifcations, and construction and
associated project costs. Staff recommends this item be continued to 9/13/94. (Director of Public Works)
12.A. RESOLUTION 17639 APPROVING A DEFERRAL AND LIEN AGREEMENT FOR THE
PRESBYTERIAN CHURCH AT 940 HILLTOP DRIVE (APN 619-040-11) AND AUTHORIZING THE CITY
ENGINEER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY - The Presbyterian Church
has requested a referral and lien agreement for the installation of public improvements at 940 Hilltop Drive. Policy
505-03 allows staff to approve liens up to $32,200 as of 8/15/94. This lien is estimated at $35,600 and, therefor,
requires Council approval. The church has also requested that they not be required to have the property appraised
as required by Policy 505-03. Staff recommends approval of the resolutions. (Director of Public Works) Pulled
from the Consent Calendar.
B. RESOLUTION 17640 AMENDING COUNCIL POLICY 505-03 BY ADDING AN EXCEPTION
TO ITEM 6B ALLOWING THE WAIVER OF AN APPRAISAL AND SUBMITTAL OF A LOTBOOK
REPORT IN LIEU OF A TITLE REPORT FOR NON-PROFIT PUBLIC SERVICE ORGANIZATIONS
Councilmember Moore and Mr. Goss stated they would abstain from participation as they attended the Presbyterian
Church. Mr. Morris stated he had a conflict and would abstain from participation.
Mmutes
September 6, 1994
Page 4
Councilmember Rindone questioned what the difference was in the cost between the title report and the lotbook
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the lotbook report was considerably less
expensive. Staff felt it was sufficient because it was a long standing organization, providing a service to the
community, and had been stable.
* * * Councilmember Horton left the dias at 10:03 p.m. * * *
Councilmember Fox stated the property was virtually free and clear and an appraisal would not tell the City much
as the property was worth a lot more than the liens that would be on it. A lotbook would give the City the
monetary amounts of liens encumbered on the property. He expected staff to bring the item beck if something
different was found.
RESOLUTIONS 17639 AND 17640 OFFERED BY COUNCILMEMBER FOX, reading of the text was
waived, passed and approved 3-0-0-2 with Horton and Moore absent.
13. RESOLUTION 17641 APPROVING FINAL MAP OF TRACT 93-03, TELEGRAPH CANYON
ESTATES NEIGHBORHOOD I UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT - On 1/19/93, Council approved the Tentative Subdivision Map
for Tract 93-03, Telegraph Canyon Estates. The seventh final map for said tentative map are now before Council
for approval. Staff recommends approval of the resolution. (Director of Public Works)
Mayor Nader questioned how many approved units there were in final maps in Telegraph Canyon Estates. He
further questioned if before the Council received any other final maps if the low income housing condition would
be satisfied.
Mr. Boogaard responded there were 199 units. He had drafted a letter to Baldwin which stated that would be a
mandatory condition precedent to any further maps.
14. RESOLUTION 17642 ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO
RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD FACILITIES
WITHIN UNDERGROUND UTILITY DISTRICT NUMBER 117 ALONG BROADWAY PROM "I" STREET
TO "L" STREET - On 12/10/85, Council approved establishing Underground Utility District 117 along Broadway
from "I" Street to "L" Street, In accordance with Section 15.32.150 of the Municipal Code, Council shall, by
subsequent resolution, fix the date upon which the affected property owners must be ready to receive underground
service end the date by which poles, overhead wires and associated structure shall be removed. The conversion
of overhead utilities to underground has been completed within Phase I which extends from "L" Street to Moss
Street. The resolution covers Phase II only, which extends from "I" Street to "L* Street. Staff recommends
Council: (1) Set 12/1/94 as the date by which property owners shall be ready to receive underground service; and,
(2) Set 4/3/95 as the date by which poles, overhead wires and associated structures shall be removed. (Director
of Public Works)
15. RESOLUTION 17643 AMENDING SCHEDULE VlII, SECTION 10.52.400 OF THE MUNICIPAL
CODE TO ESTABLISH DIAGONAL PARKING- PERMITTED ON EAST PARK LANE PROM "F"
STREET TO 100 FEET SOUTH OF THE SOUTH CURBLINE OF DAVIDSON STREET AFFIRMING
TRIAL TRAFFIC REGULATION - The City Engineer has determined the need to establish diagonal
(perpendicular) parking along the west side of East Park Lane. It is in response to complaints from the area
businesses and residents that there is a great demand for on-street parking. Vehicles are currently parking
perpendicular on most of East Park Lane. Staff recommends approval of the resolution. (Director of Public Works)
Minutes
September 6, 1994
Page 5
Councilmember Rindone stated his comments referred to Items 15, 16, 17, and 18. No fiscal impact had been given
in the reports. He did not have a problem with approval, but requested that the fiscal impact be more reflective
of the true costs. He suggested either the actual costs be shown with an indication that the funds had been budgeted
or, an indication if additional funds were being requested over the budgeted amount.
16. RESOLUTION 17644 AMENDING SCHEDULE VI, SECTION 10.52.340 - PARKING TIME
LIMITED ON CERTAIN STREETS ESTABLISHING A TWO-HOUR TIME LIMIT ON EAST PARK LANE
133 FEET NORTH OF THE NORTH CURBLINE OF "F" STREET TO 177 FEET NORTH OF THE
NORTH CURBLINE OF "F" STREET AFFIRMING TRIAL TRAFFIC REGULATIONS - The City Engineer
has determined the need to establish time limited, two-hour parking along the west side of East Park Lane. It is
in response to complaints from the area businesses and residents that there is a great demand for on-street parking.
Vehicles were being parked for long periods of time. Staff recommends approval of the resolution. (Director of
Public Works)
17. RESOLUTION 17645 AMENDING SCHEDULE VI, SECTION 10.52.340 -PARKlNG TIME
LIMITED ON CERTAIN STREETS ESTABLISHING A ONE-HOUR TIME LIMIT ON THE 100 BLOCK
OF BROADWAY AFFIRMING TRIAL TRAFFIC REGULATION - The City Engineer, with a recommendation
from the Police Department's Traffic Division, has determined the need to establish time limited, one-hour parking
along the west side of Broadway. It is in response to complaints from the area businesses that vehicles are parked
on the street for lengthy periods of time. Staff recommends approval of the resolution. (Director of Public Works)
18. RESOLUTION 17646 AMENDING SCHEDULE II SECTION 10.52.030 FOR SPECIAL STOP
REQUIRED - THROUGH STREETS AND STOPPED INTERSECTIONS AT ALLEN SCHOOL LANE AND
ALLEN SCHOOL ROAD AFFIRMING TRIAL TRAFFIC REGULATION - The City Engineer has determined
the need to establish an all-way stop at the intersection of Allen School Lane and Allen School Road for the
promotion of public safety and ~ reduce traffic hazards and congestion. The intersection is adjacent to Ella B.
Allen Elementary School and a significant number of school aged children cross the street to access the school.
Additionally, the intersection has somewhat restricted sight distance caused by natural topography which is not easily
corrected. Staff recommends approval of the resolution. (Director of Public Works)
19. REPORT "NOTICE OF AVAILABILITY OF DRAFT LOSS PERMIT" AND "DRAFT
LOSS PERMIT" (CS0-95-01) FOR RANCHO DEL REY SPA Ill -The Director of Planning has issued a Draft
Loss Permit for the impact to 256 acres of Diegan Coastal Sage Scrub within SPA III of Rancho del Rey. In
accordance with Ordinance 2602, the permit is being submitted for consideration. Staff recommends Council accept
the Loss Permit as drafted. (Director of Planning) Pulled from the Consent Calendar.
Mayor Nader stated his concern was that there were a number of projects of vital importance to the City that would
require the draft loss permits and currently the City did not know the acreage they would be allowed to issue permits
for. He questioned if there was any regionally approved process for allocating take.
Robert Leiter, Director of Planning, stated there was not an approved process.
Mayor Nader stated if the permit was issued the City would be exceeding 5 % of the Costal Sage Scrub habitat
within the City. There was discussion underway in which Chula Vista would have about 1,000 acres available, but
that had not happened yet. If that did not happen and the City was limited to 5% within its boundaries Council
would not be able to approve any other loss permits. That would mean no university, no commercial or industrial
development on Otay Ranch, etc.
Mr. Leiter stated the interim take program was expected to last no more than 18 months to two years. Staff
anticipated that under the permanent program there would be significantly more take available based on the creation
of a permanent open space plan. Staff evaluation had been that the permanent plan would be very close to the
City's existing General Plan and the approved Otay Ranch Plan. The open space designated in those existing plans
would go a long way in meeting the conservation objectives of the Coastal Sage Scrub and other habitats.
Minutes
September 6, 1994
Page 6
* * * Councilmelnber Horton returned to the dlas at 10:13 p.m. * * *
Mayor Nader stated he could support the issuance of the permit if by the time the Zoning Administrator was called
on to issue it was determined that the vital projects were under 1,000 acres and something was received in writing
from Fish & Wildlife that indicated the City could expect the permanent plan to accommodate the public service
or public benefit take that would be implied by the current General Plan and Otay Ranch General Development Plan.
MS (Rindone/Fox) to accept the staff report and recommendations.
AMENDMENT TO MOTION: (Nader) to urge the Planning Director to obtain, prior to the issuance of the
permit, written confirmation of the oral presentations made to him by the Fish & Wildlife Service in terms
of accommodation of the City's General Plan.
Councilmember Rindone stated he preferred a subsequent motion be made after voting on the original motion.
There was a public benefit to the project and there was an interim period. If Council decided it did not have public
benefit they should vote the motion down.
Mayor Nades felt it should be public benefit relative to other projects. Had the motions been combined he would
have voted for the metion.
VOTE ON ORIGINAL MOTION: approved 3-1-1 with Nader opposed and Moore absent.
MOTION: 0Nader) to advise the Planning Director to obtain, prior to the issuance of the permit, written
confirmation of the oral presentations made to him by the Fish & Wildlife Service in terms of accommodation
of the City's General Plan and that he be urged to do what he could to expedite a regional interim take
allocation so that the permits could be judged with reference to what the City's total allocation would be.
Motion died for lack of second.
* * END OF CONSENT CALENDAR * ·
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING PCM-92-17: CONSIDERATION OF REVISED DESIGN MANUAL - CITY
INITIATED; AND PCA-95-01: CONSIDERATION OF AMENDMENTS TO SECTION 19.14.582 OF THE
MUNICIPAL CODE TO ALLOW ADMINISTRATIVE REVIEW OF A BROADER RANGE OF PROJECTS
SUBJECT TO DESIGN REVIEW - CITY INITIATED - In October 1992, Council approved the Permit
Streamlining Workplan and Implementation Schedule which, among other measures, called for revising the City
Design Manual to include more concise and objective design guidelines with additional illustrations, and providing
the administrative (staff) approval of a broader range of projects subject to design review. Staff recommends
Council place the ordinance on first reading and approve the resolution. (Director of Planning)
A. ORDINANCE 2603 AMENDING SECTION 19.14.582 OF THE MUNICIPAL CODE TO
ALLOW FOR ZONING ADMINISTRATOR DESIGN REVIEW OF ADDITIONAL CATEGORIES OF
PROJECTS (first readin~l
B. RESOLUTION 17647 REPEALING THE EXISTING DESIGN MANUAL AND APPROVING THE
REVISED DESIGN MANUAL FOR THE CITY
Robert Leiter, Director of Planning, syated there were two main areas of change: 1) it set forth more detailed and
objective standards for the review of the design of individual development projects; and 2) more latitude given to
staff to approve projects at an administrative level rather than taking them forward to the Design Review Committee.
Mayor Nades questioned if the revised manual and procedure provided that if the objective standards were met
approval would be assured.
· [
Minutes
September 6, 1994
Page 7
Mr. Leiter stated the philosophy of the manual was in that direction and staff direction would be that if a project
met the objective standards it would be approved. If there was a disagreement about a standard it would then be
referred early in the process to the Design Review Committee for resolution. The process for referring an item to
the DRC would include a specific report to the DRC regarding the issue and staffs recommended changes to the
project. He felt the process would address the Mayor's concerns.
Steve Griffin, Project Manager, stated the Procedural Guide detailed the process an applicaat would have to go
through to process a design review application. If an application was submitted staff would try to draft a list of
concerns within a two or three week period. If there was a disagreement the application would be forwarded to
the DRC. Staff was trying to accelerate the process. Attachment 7 of the Procedural Guide, Project Review
section, contained the time frames.
Mayor Nadar questioned if there was a provision where non-approval of a project would be accompanied by
specificity of what would be needed for approval. Then if the project came back and met those specifications it
would have automatic approval.
Mr. Griffin stated it was included in the manual.
* * * Councilmember Horton returned to the dias at 4:44 p.m. * * *
Councilmember Fox stated in some cases the Council would be doubling the authority of the administrative staff.
He questioned if an existing buildings 50 % exceeded 20,000 sq. ft. if it was the intent of the policy to allow staff
to make those decisions for unlimited amounts.
Mr. Griffin stated if it was a 50% addition it could be over the 20,000 sq. it. and could be approved
admiulstsatively. He felt the key was that it was a 50% addition to an existing building or complex so there was
an established theme or plan to evaluate the additional square footage on. The 20,000 sq. ft. was a new provision
which would be in planned communities.
Councilmember Moore stated the parking landscaped median strips had not been included under Parking, Pedestrian
Circulation, or Landscaping. Parking lots should be designed so pedestrians did not walk across the landscaped
medians. If the parking lots were to be design that way paving blocks should be included for pedestrian traffic.
He thought the policy had been taken care of by Council in the past.
Mr. Leiter responded there was a reference regarding multi-family residential which addressed planning for
pedestrian circulation within a project. It did not get as specific as suggested by Councilmember Moore and staff
would support the addition of language to make it more specific to parking areas. Staff was also in the process of
updating the Landscape Manual and that issue would be addressed in that manual.
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.
Mayor Nader suggested that Appendix F be amended to shorten the appeal process. He did not feel it should take
3-4 weeks, but 2-3 weeks at the most.
Mr. Leiter responded the Planning Commission only met every two weeks and sometimes there was a problem with
the time between the ~ling of the appeal and the next available agenda. Staff could add language which would state
"to be placed on the next available agenda within X amount of time" so it would be clear that it was to be expedited.
Mayor Nader questioned if it could be the "next available agenda after the filing of the appeal" with the legal
amount of time required to notice the appeal.
Councilmember Moore expressed concern that people could receive notices the day before the hearing. He felt it
would be difficult to process an appeal in less than four weeks.
Mayor Nader stated there was a deadline for the DRC to act and questioned what would be a reasonable timeframe
for the Zoning Administrator.
i'F
Minutes
September 6, 1994
Page 8
Mr. Griffin stated that timeframe haS been intentionally omitted because once a final submittal was made staff would
issue a letter that day or the day after. Staff could amend the policy.
MSUC (Fox/Nader) to amend the ordinance to limit stafl's ability to review an addition of up to 50% of
existing floor area to a maximum limit of 20,000 sq. ft. (page 20-2 of the staff report).
MSUC CNader/Rindone) to urnend Appendix F of the Process Manual to provide between final submittal of
a project and a Zoning Administrator decision, a time frame of a maximum of three working days and
provide as a time frame between the filing of an appeal and the hearing of an appeal by the DRC, the
Pinnning Commission, or City Coundl that an appeal would be pineed on the next available agenda with
adequate time for legal notice.
ORDINANCE 2603 PLACED ON FIRST READING, AS AMENDED, AND RESOLUTION 17647 OFFERED
BY MAYOR NADER, reading of the text was waived.
Councilmember Moore questioned if staff would modify Section 3 regarding landscaping of parking lots.
Mr. Leiter responded that staff would make that reference and also include it in the new Landscape Manual.
VOTE ON ORDINANCE 2603 AND RESOLUTION 17647: approved unanimously.
21. PUBLIC HEARING GPA-90-9(A): CONSIDERATION OF STATE-MANDATED REVISIONS
TO THE 1991 HOUSING ELEMENT OF THE CITY GENERAL PLAN -- CHAPTER 1451, STATUTES OF
1989, RELATING TO THE PRESERVATION OF SUBSIDIZED HOUSING AT RISK OF CONVERSION -
On 5/15/92, the State Department of Housing and Community Development (HCD) issued a letter finding the City's
adopted Housing Element update in compliance with the State Housing Element Law. That same letter noted,
however, that select portions of the Element would soon lapse from compliance given changes in the State Housing
Element Law which were to become effective 7/1/92. Those changes regard the preservation of existing subsidized
low-income housing units which could be converted to non-low-income use. Staff has since worked with HCD in
the preparation o fnecessery revisions and has received written response from HCD that the proposed amendments
will comply with the revised State law. Pursuant to Section 65585 of the State Government Code, it is now
necessary for the City to formally adopt the amendments as part of the Housing Element, and to subsequently
forward the adopted amended Element to HCD to obtain full legal compliance status. Staff recommends Council:
(1) Consider the Negative Declaration (IS-92-08) and Addendum thereto (IS-92-08A); and, (2) Adopt the proposed
amendments to the Housing Element of 1991. (Director of Community Development and Director of planning)
RESOLUTION 17648 ADOPTING AMENDMENTS TO THE GENERAL PLAN HOUSING
ELEMENT OF 1991 REGARDING THE PRESERVATION OF AT-RISK BOUSING AS REQUIRED BY
STATE HOUSING ELEMENT LAW
This being the time and place as aSvertised, the public hearing was declared open. There being no public testimony,
the public hearing was dosed.
RESOLUTION 17648 OFkERED BY COUNCILMEMEER RINDONE, reading of the text was waived, passed
and approved unanimously.
22. 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 fight-of-way acquisition consultants, Ryals & Associates, have
exhausted their 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 approval of the resolution. (Director of
Public Works Continued from the meeting of 8/23/94. 4/5th's vote required.
Minutes
September 6, 1994
Page 9
RESOLUTION 17649 DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY
VALLEY ROAD STREET WIDENING PROJECT AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
the public heating was closed.
RESOLUTION 17649 OI~I/~'ERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed
and approved ananimoasly.
ORAL COMMUNICATIONS
· Jeff Yasukachi, 399 Broadway, Chula Vista, CA, representing Big O Tire, stated he had not built a strong
enough case and would be back next week regarding the ordinance regulating the outside display of merchandise.
· Joe W. Garcia, 484 Fifth Avenue, Chula Vista, CA, distributed a letter to Council expressing his concern
regarding the disclosure of actions taken by Council in Closed Session. He recommended that Council announce
the results of Closed Session meetings at the subsequent Council meeting after Special Orders of the Day.
Mayor Nader stated he agreed with Mr. Garcia and felt it would be desirable to do a report on camera at the next
meeting regarding Council action in Closed Session. He requested that the City Clerk agendize the item for the
9/13/94 Council meeting under the "Mayor's Report".
· Donna Tisdale, Box 1275, Boulevard, CA, representing B.A.D. stated she had received information that
Jay Powell from Mid-American and George Holland from Pacific Disposal would be making comments on their
proposal to build a transfer station in Chula Vista. She then updated Coune'd on the Campo landfill progress.
· Heinz D. Seiler, 1425 Second Avenue, Space 309, Chula Vista, CA, representing the Golden State Mobile
Home Owners Association, Inc., submitted a letter to Council (on file in the City Clerk's Office) regarding the new
trash increase. He felt if Laidlaw or the City had called a meeting to explain the fee the City would have received
such a large number of complaints. He expressed concern regarding the increase for those residents on fixed
incomes. He recommended that residents pay only for services that were used.
Mayor Nader questioned whether the universal yard waste charge applied to mobilehome parks.
Mr. Goss responded that if there was individual pick-up at units there would be a charge for the yard waste.
Mayor Nader stated he wanted staff to look at the issue and report beck to Council. The intent was to implement
it for single family residences and he was uncertain whether it was intended to be applied for mobilehome parks
or if it was being applied without Council's intent. If that was the case it needed to be changed.
MSUC CNader/Fox) to refer Mr. Seiler's letter to staff for review and report back In Council next week.
Council met in Closed Session at 5:36 p.m. and reconvened at 7:00 p.m. ~ Mayor Nader stated Council
discussed labor negotiations and no final action was taken.
BOARD AND COMMISSION RECOMMENDATIONS
23. Letter asking the Mayor to send a letter to local elected representatives to support "National
Character Counts Week" (October 16-22, 1994) and urging each area representative to become co-sponsors
of the "Character Counts Joint Resolutions" effort. Harriet Acton, Chairperson, Board of Ethics, 265 Nixon
Place, Chula Vista, CA 91910.
Minutes
September 6, 1994
Page 10
MSUC (Nader/Fox) to approve the Board recommendation and that the position be changed to reflect that
it was the City Council's position.
ACTION ITEMS
24. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
A. REPORT EVALUATION OF CANDIDATE SITES FOR TRANSFER STATION AND
MATERIALS RECOVERY FACILITY - On 7/19/94, Council approved contracting with John Sexton/Chula Vista
Sanitary for the first phase of a transfer station and materials recovery facility to include siting, conceptual design
and permitting. As the initial step in that process, the report addresses the methodology for evaluating 14 candidates
sites within the City and recommendations for further action. Staff recommends Council accept the report and give
direction to proceed with an in-depth evaluation (including cost information) of the two highest rated sites, and to
report back regarding further recommendations on acquisition. (Deputy City Manager Krempl and Director of
Planning)
Councilmember Fox questioned what procedure would ha used to notify those residents and property owners
surrounding the two highest ranked sites. He did not want to get to far into the process and find out there was a
major problem with the neighbors. He felt they needed to know if there was any opposition early in the process.
Mr. ICdempl responded there had not been any notices and it was not anticipated there would he any notices at the
present time. The purpose of the action before Council was to indicate a preference of site and then to go through
the process which would include environmental review which would include notification to the neighbors.
Mayor Nader questioned if the Brentwood Mobilehome Park was considered in the evaluation of the site next to
the SDG&E plant.
Mr. IG-empl responded that it was considered in the amount of residential in the immediate proximity of the site
and would not have changed theft evaluation.
Mayor Nader questioned if consideration had been given for the ability to facilitate recycling.
Mr. Krempl stated that it had been considered. The difference in site size had not been fully determined and would
be part of the second evaluation. It was his opinion that the Energy Way site lended itself better to recycling
activities, smaller businesses, etc. and had the availability of smaller parcels for those uses.
· Tom Webster, 2667 Caminito Prado, National City, CA, Interim General Manager, representing the Solid
Waste Authority, reviewed the budget plan established to bring the tip fee down to $48.00 or less.
Mayor Nader felt the recycling and residue disposal cost reductions would require some type of system for
maximizing the removal of recyclable, reusable, or resalable materials from the wastestream before landfilling.
Mr. Webster responded that was what the NCRRA plant currently did. Shutting down that facility was an option,
but their first responsibility was to determine how efficiently they could operate the plant. The plant could not be
shut down until the discharge permit was changed at the San Marcos landfill as it required shredding of 75 % of
material going inR~ the landfill. Therefore, it was not a short range fix. If the facility was closed they would lose
the land fill.
Mayor Nader stated members of the Authority had stated the NCRRA facility would be shut down. If the plant was
closed, he questioned if there was a plan to separate reusable material from the wastestream.
Mr. Webster responded that there was not. The Authority's only responsibility was associated with the
uincorporated areas as far as it's requirement to meet AB939. The Authority had no direct responsibility for
meeting AB939 requirements.
Minutes
September 6, 1994
Page 11
Councilmember Moore felt the questions should directly relate to the issue and expressed ooncem regarding
interrogation of the speaker.
Mayor Nader stated thejurisdietinns would want to meet the requirements of AB939 and if they signed on with the
Authority the Authority would be the vehicle for compliance. Ifit did notwork, the individualjurisdietionswould
receive the AB939 fines. He was concerned that Council was being confronted, under Item B, with an ultimatum
to sign one of the three contracts by 9/15/94 or face a higher non-member fee for trash disposal within the Authority
system. He felt there should be a provision in the contract that would allow the Authority to cooperate with
individual jurisdictions that signed on for non-member contracts in the development, siting, and ultimate operation
of facilities needed to help the jurisdictions meet AB939 requirements. He felt there was merit in the Authority and
the City working together to have joint access and use, with shared benefit and risk. If the Authority was interested
in doing that he wanted to explore Authority participation in the process.
Mr. Webster responded that the Authority made policy and he could not respond to the Mayor's request. The
Authority's responsibility was to provide a disposal system for its members.
Councilmember Rindone questioned if all the cities decided to join prior to 10/1/94 if the Solid Waste Commission
was prepared to hold the rate at $55/ton. He questioned how long they would hold that rate.
Mr. Webster responded that was correct and they were prepared to reduce it over the next three years to $48.00
and to seek sources of financing. Without long range commitments bonding would not be possible and it would
have to be funded on cash flow each year.
Councilmember Moore questioned if there was funding for closure of sites.
Mr. Webster responded that it was included in the budget.
Councilmember Moore stated Council had voted in the past to direct administration to talk to the JPA to see if there
was a need for a transfer station in the South County. Staff had made that presentation to the JPA and had not
received interest. He felt the JPA should again revisit the issue. He did not want to see the system shortchanged
without a proper study.
MS {Fox/Nader) to direct staff to notify the residents and property owners within the appropriate distance
of the proposed study sites. Brentwood Mobilehome Park should be included.
Councilmember Rindone questioned if the third highest site (Maxwell Road) should be included for further
evaluation. He noted the scores dropped off drastically after the top three sites.
Mr. Krempl responded the primary reason it was not included was because Site 1 on Energy Way was a superior
to Site 13. They also did not have a property owner interested in selling that property.
FRIENDLY AMENDMENT: {Nader, agreed to by the Maker and Second of the Motion) notification would
be 1,000 feet or any specific neighborhood staff determined would be the subject of significant environmental
impacts.
VOTE ON AMENDMENT: approved 4-1 with Horton opposed.
MSC (Nader/Fox) to direct staff, while the study was ongoing, to initiate discussion with each member of the
Authority Board and with elected officials of National City, Imperial Beach, and Coronado to inform thrm
of what the City was doing in regard to transfer station siting and make known to them that they were invited
to participate on a sub-regional basis with potential for mutual participation, investment, and use. Approved
4-1 with Rindone opposed.
MSUC (Hotton/Moore) to reconsider the vote taken regarding the noticing of residents surrounding the top
three sites.
l'l
Minutes
September 6, 1994
Page 12
Councilmember Hotton felt the surrounding residents and property owners should be notified, but because of the
short time frame and the tremendou~ burden it would be to notify residents and property owners for all three sites
it would take unnecessary staff tim~ and expense. She felt Council should follow the procedure, i.e. select the site
and the~ go fol~ with the noticing. She requested Council reconsider their action.
Mayor Nader suggested the mailing give an avenue for people to express their feelings, i.e. a number listed to
express concerns or an invitelion to attend an already scheduled meeting. He agreed with Councilmember Fox
regarding his concerns.
Councilmember Rindone stated if two of the three sites did not appear feasible after further evaluation there was
no need to create alarm in those communities by noticing them if there was no intent by Council to use those sites.
Mayor Nader stated if he was not seriously considering a site he would not direct staff to do further evaluation.
MSUC (Moore/Nader) to direct staff to prepare to send out notice prior to the results of the evaluation and
when the results were received, send out notices to the site sdected and the backup site. Notice would not
be sent to the third site.
MSUC (RindonefNader) to direct staff to proceed to evaluate the three highest ranking sites, once those were
evaluated in depth the primary and back-up sites would he noticed.
B. REPORT EVALUATION OF THE SOLID WASTE AUTHORITY'S PROPOSED
NON-MEMBER CONTRACT RATES AND VIABILITY OF ALTERNATIVES - On 8/11/94, the San Diego
Solid Waste Authority approved a menu of differential tip fees for non-member agencies which were proposed to
go into effect at the region's landfills on 10/1/94. Aside from the option to join the Authority and receive the rote
proposed for member agencies, the Authority has presented three rates differentiated by contract terms and
conditions. The Authority has directed that contracts be executed by 9/15/94. On 8/23/94, Council directed staff
to communicate specific concerns about the Authority's process, options and deadline, and to request a prompt
reply. The report discusses the options present~l and subsequent responses. The issue is also discussed in light
of the viability of other short-term disposal alternatives being explored by staff and Council. Staff recommends:
(1) That Chula Vista not execute any of the Authority's proposed contract options; (2) That, at the 9/15/94 meeting
of the Authority, the City request a response to the 8/29/94 letter and recommendations contained therein; and, (3)
That staff report back to Council on 9/13/94 as to any actions taken by other non-member cities (4 other
jurisdictions will be meeting on or before 9/13/94). (Deputy City Manager Krempl)
George Krempl, Deputy City Manager, stated a letter had been received from the Chair of the Solid Waste
Authority which stated they had problems and concerns with the proposed time extension. They also indicated they
could not maintain the systems integrity if they charged less than $65.00 to non-members. While the Authority and
its general manager were willing to listen to contract options and counter proposals they had no authorization to
enter into any negotiations in any official capacity without the consent of the full Authority.
Councilmember Rindone stat~l there had been discussion regarding new technology for landfills and the eventual
lack of need for new landfills. He questioned if the Authority bed directed staff to see if that was a possibility and
if ee, how it would impact the potential costs for the tipping fees.
® Ron Morrison, Vice Chair of the Solid Waste Authority, stated staff had been directed to look at any and
all options. They did not have the available time at present to go into those in detail.
Mayor Nader stated it had been his understanding that the Authority intended to develop a comprehensive waste
system that would separate out materials that were not intended for landfilling.
Mr. Monison responded that it would have to be worked out with individual cities as they had their own contracting
for pick-up, curbside recycling, etc. It would have to be a cooperative effort.
Mayor Nader stated he needed to know if the City accepted the three year contract if the Authority would work
cooperatively with Chula Vista to develop the sub-regional infrastructure in the South County that would be needed
to keep the rates down.
Minutes
September 6, 1994
Page 13
Mr. Morrison stated the only thing he could guarantee was that they would work with anyone and everyone.
Whatever needed to be done would be worked out.
Mayor Nader questioned whether the Authority would be open to the commitment that there would not be separate
construction and operation of a separate South County regional facility that Chula Vista would be excluded from
if the City was in fact willing to work together on a joint facility.
Mr. Morrison stated if there was a need for a facility, yes. They also had time constraints with canyon no. 3 which
involved huge amounts of money to line the canyon just to meet the needs of Chula Vista. He could only speak
for himself, but he did not feel there would be a problem of cooperation if there was a need for a transfer station.
Mayor Nader stated he would strongly suggest that the Authority give consideration to that type of arrangement and
have discussions with City staff prior to 9/15/94 so that on 9/15/94 the Authority would be in a position to give
timely consideration to such a variation of the contract should it be on the table.
Mr. Morrison stated staff could look at it and bring beck information to the Authority for consideration. Everything
was on the table for consideration.
Mayor Nader questioned if the rate per ton included or excluded the cost of any AB939 fmes if levied. He felt the
entire cost needed to be looked at.
Mr. Morrison responded there were no provisions for fines. To be able to absolutely guarantee AB939 compliance
for all cities they would have to go to each jurisdiction and ask them if they were willing to accept within their
landfill an NCRRA facility. The Authority was having to priortize their decisions and South County was not as
heavy a priority at the current time due to the available space versus North County.
Councilmember Rindone questioned what guarantee the City would have if they joined that the rates would remain
at $55.00.
Mr. Motrison stated the Authority had made a three year commitment of $55.00 for member cities. Chula Vista
would then have a part in those decisions as a member. They realized there were mistakes in the past and they did
not want to compound those or make the same mistakes again.
Councilmember Rindone stated the restrictions for leaving the Authority were restrictive and punitive once a city
became a member. He questioned if Mr. Morrison was willing to take back to the Authority that Chula Vista would
join at $55.00 with the caveat that if the rate was raised above $55.00 it would be an option out for the City. The
City' s number one priority was the long term rate effectiveness to the rate payers. He did not want to be entrapper
into a membership when there was a rate increase beyond the City's control.
Mr. Morrison stated he would take back the suggestion for consideration. In order to keep the rates low the
Authority would have to look at bonding and no lender would look at something that could dissolve that easily.
Mayor Nader questioned if the City signed the three year contract if the City had the ability to join the Authority
at any time and become members of the Authority and if that would be changed by the contract.
Mr. Morrison responded that in speaking for himself he did not feel there would be any problem. The guarantee
was not only the base rate, but the base rate and just CPI. There was an allowance for cities to join within the basic
provisions at any time. It was not their intent to restrict anyone from joining the Authority.
Mayor Nader stated he had heard that under the contract the rate might be down to the given number plus CPI at
the end of the three year period, but the City could be obligated for an additional ten years after that and the rates
could then go back up an unlimited amount, i.e. the only rate guarantee was for the rate at the end of three years
and not what it was for the following ten years.
Mr. Morrison stated that was not correct. Chula Vista would still be a contract City and would pay the contract
rate not the member rate.
Minutes
September 6, 1994
Page 14
MS (Moore/Fox) to accept the report and staff recommendation.
Councilmember Rindone stat~l he would support the motion. He wanted to direct staff to study alternatives, at the
$65.00 or $72.50 rate, for those differences, i.e. the difference from the $55.00 rate times the annual tonnage times
the five years. Staff should explore alternatives such as borrowing from a current fund in the City or bonding to
cover the differential so the City would not have to raise the rates to the users. That would allow a five year grace
period in which the City could prepare viable alternatives for long term economic relief. He wanted to continue
the current rote of 90 tons. He referred to Condition No. 5 on page 24B-4 and stated it was his understanding that
the condition was illegal.
Mr. Boogaard responded the Authority General Manager believed the Commerce Clause did not apply to
circumstances where the City agreed with the hauler to bring the trash to the dump. He felt it was a basis for
exempting the applicability of the Commerce Clause. There was new federal legislation which was believed to be
the basis for getting around the Dormant Commerce Clause which would permit cities to provide flow control
commitments. In the absence of that, us it had not been passed, the Dormant Commerce Clause precluded a
commitment of the waste stream by the individual cities against a hauler. If the hauler and the cities were in
agreement it was the Authority's belief that it was an acceptable provision.
Mayor Nader questioned if the City joined the Authority if they could require Laidlaw to use Authority facilities.
Mr. Boogaard stated that was subject matter for a Closed Session discussion due to the litigious nature of the item.
AMENDMENT TO MOTION: (Nader, agreed to by the Maker and Second of the Motion) ddete point 2 of
the report, i.e. to seek a response to the City's 8/29/94 letter as the response had been received on 9/6/94.
Morn specifics had been fieshed out during the meeting and staff should, prior to the 9/15/94 meeting, seek
further discussion with Board members to get a feel prior to the 9113194 Council meeting as to whether there
was negotiating room on contract proposals.
Councilmember Rindone stated he would support that reeommendatinn. He felt two areas for discussion were: 1)
potential partnership for a transfer station; and 2) a $55,00 CAP if the City became a member city and if there was
a need to go above the CAP it would allow the City to withdraw membership without penalty. He requested that
be included in the correspondence.
Councilmember Horton stated the Authority was on record as believing that every jurisdiction regardless of
membership had a responsibility for the NCRRA facility and questioned the City Attorney's position.
Mr. Boogaard responded that he did not believe there was liability responsibility on the ratepayers for that decision.
He had reviewed the prospectus that permitted the bonds to be sold and it relied solely on the County trash to pay
for the cost of the facility. There was no responsibility, in his opinion, for paying off that facility. The City could
agree to pay for part of it which was a political decision to be made by Cotmoil.
· Bud Chase, 3730 Valley Vista Road, Bonita, CA, representing Sexton/CVSS, spoke in support of the staff
recommendation. Staying in the County system did not do anything for the MURF and the 939 requirement in the
South Bay, Their rate was guaranteed at less than $48.00 per contract submitted to the City.
Mr. K~rempl stated it was the response to the RFP for transfer, hauling, and disposal and not a contract.
Mr. Chase stated El Cajon was not the only city that agreed W leave the system. He did not feel the Authority's
plan would work unless all the cities joined and felt also their assumptions were wrong. The closure funds had been
stated in the paper for the San Marcos landfill were at $40-$60 million and he questioned if that number was
included in the $48.00. There also was no money for development of new landfills in the $48.00. Their $48,00
included disposal and transportation and also gave the MURF ability to meet the AB939 requirements.
Mayor Nader felt staff should also negotiate with Sexton/CVSS to see if a lower rate could be locked.
Mr. Krempl stated a contract had been negotiated and signed by Sexton and the City Attorney and staff had
negotia~l a further modification on 9/5/94, Staff needed to discuss that with Council in Closed Session.
Minutes
September 6, 1994
Page 15
Mayor Nader stated he would defer his item to Closed Session.
VOTE ON MOTION, AS AMENDED: approved unanimously.
25. REPORT SANDAG REGIONAL OPEN SPACE STRATEGY - SANDAG recently
released for public review its draft Regional Open Space Strategy, which is a component of the overall Regional
Growth Management Strategy. Staff has reviewed the SANDAG report, and has prepared comments. Staff
recommends Council give authorization to foxward the comments to SANDAG. (Director of Planning)
Councilmember Moore felt the response should be very strong regarding the MSCP end NCCP so the SANDAG
staff would not make recommendations contrary to what the City wanWxl. A statement should be included that the
SANDAG Regional Open Space Strategy should be kept in abeyance until the MSCP and NCCP programs came
into fruition.
Robert Leiter, Director of Planning, referred to page 25-2 which addressed the issue and stated the emphasis of local
and regional government should be on the completion of those planning efforts such as the MSCP and NCCP. It
did say SANDAG could perform a coordination role, however, a separate regional open space effort appeared to
be duplicative at the present time.
MS (Moore/Horton) to approve the staff recommendation and emphasize in one bold print paragraph to
indicate that the SANDAG Regional Open Space Strategy should be kept in abeyance until the MSCP and
NCCP programs came into fruition.
AMENDMENT TO MOTION: (Nader, agreed to by the Maker and Second of the Motion) to add spedtic
comments regarding the Otay Valley Regional Park as one of the efforts they should be promoting along with
the NCCP and other conservation efforts.
VOTE ON MOTION, AS AMENDED: approved unanimously.
26. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
John Lippitt, Director of Public Works, stated the Judge had issued his interim order for the north city plant with
a sub-note referring to the impact of that on the City's contracts. Non-member agencies had also met and were
discussing strategy in case the City of San Diego sent out billings sharing the cost of the whole system. Staff
recommended that it be discussed in Closed Session.
* * * Councilmember Moore left the meeting at 9:28 p.m. * * *
,,ass,
URGENCY ITEM OFF AGENDA: Mr. Boogaard requested that a request for fee waiver by Bonita Country Day
School be added to the Action Agenda.
MS CNader/Fox) that the recommendation by the City Attorney to place that fee waiver request by Bonita
Country Day School on the Action Agenda as an urgency item.
Mr. Boogaard stated the urgency of the item was that the applicant learned they would have to pay the fees last
Thursday and staff was presented with the request after the preparation and posting of the agenda. If there was a
delay Council would be confronted with having to make a decision on a two stage building permit which could
induce the applicant to incur up to $10,000 site preparation costs. If Council then did not grant the deferral that
money could be lost. Staff would need an indication from Council that they were willing to grant a deferral
consistent with the policy staff was asking to be brought back next week for approval.
Councilmember Moore stated he had a problem in taking action on an item he had not seen and was not on the
agenda.
Minutes
September 6, 1994
Page 16
VOTE ON MOTION: approved ~-1 with Moore opposed.
Councilmember Horton stall she wanted to defer the fees until afar Council had made a decision on the item
distributed at the me~ting. That would allow Council the time to read and fully understand what they were being
asked to approve.
MS (ltorton/Fox) to defer the fees until after Council had made a derision on the item distributed to Council
at the meeting.
Councilmember Hm'ton questioned why they were not aware of the fees before reaching the present phase of
development.
Ken Larsen, Director of Building and Housing, stated the applicant approached staff last Thursday on how much
the fees would be for processing the entire package for permit issuance. Staff then prepared the fees and gave them
to the applicant at that time.
Mr. Boogaard stated the proposed policy before Council would require them to pay a pro-rata portion based on term
of occupancy such as the interim conditional use permit for the Marina Golf Driving facility.
Mayor Nader stated Bonita Country Day would not be discriminated against based on its secular nature. The
proposed policy would waive the fees for non-profit community benefit institutions.
Mr. Boogaard responded that it had nothing to do with the proposed policy in the recommendation. The
recommendation was to grant deferrals for interim uses. There were legal constraints in making those
considerations on the DIF funds, it was considered a trust and created under state law. Before a DIF could be set
up the City needed to make sure that all the monies raised under the DIF would eventually build the facilities the
DIF set forth. If waivers or exceptions were granted that were not considered in the calculations it could jeopardize
the entire fund. It was a dangerous precedent to grant waivers from the DIF's.
Sid Morris, Assistant City Manager, stated staff preferred a continuance as his office had not had an opportunity
to have an indepth discussion at the staff level.
Mayor Nader stated he hoped in the future that the fee package would be made available to the applicant at the
beginning of the process rather than at the end of it. He questioned if Mr. Catenzaro had an opportunity to view
the document handed out by the City Attorney.
Paul Catenzaro, representing Bonita Country Day School, responded that he had not seen the document.
Mayor Nader questioned if Council would be receiving for consideration a policy that would provide fee exemptions
to community serving non-profit institutions.
John Lippitt, Director of Public Works, responded staff was working on the report. Staff was not looking at
complete waivers from the Trans DIF fees, but ways for it to be paid over time rather than up front. The
recommendation before Council was an agreement which would allow payments by Bonita Country Day School over
a period of time and if they left that site they could take those credits with them to a more permanent site. That
had not been worked out with Mr. Catenzaro.
Mayor Nader questioned whether it was anticipated that a policy would he brought back which would waive the fees
for a 501(c)3.
Mr. Boogeard stated the problem they were having with that policy was that the City could not create a special
waiver for religious organizations and there was no basis for applying it broad based to 501(c)3 organizations
because there was no showing of need.
Mayor Nader stated the basis for the proposed policy referred to staff was not need but community benefit.
Minutes
September 6, 1994
Page 17
Mr. Boogaard stated just because an organization was non-profit it did not mean that it could not afford the fee
structure. If exemptions were created to the DIF program it could create some jeopardy to the collection of enough
money to build the facilities defined in the DIF. Staff was addressing the issue under the park and ride program.
Mayor Nader questioned whether Council could find that there was an urgency hardship based on the fact that the
applicant went so far through the process without being informed of the fees.
Mr. Morris stated it was his understanding that there were preliminary discussions, but the official process only
staffed within the last two weeks.
Mr. Larsen reviewed the process taken with the applicant. Staff had attempted to accelerate the process as much
as possible.
Councilmember Rindone questioned how an applicant could apply for a CUP and not know the fees.
Mr. Larsen stated he did not know the answer for the particular project. Traditionally, the initial study through
design review all contained estimated fees. There was no reason to believe that Mr. Catenzaro had been treated
any differently than any other applicant.
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the packages when they came in for
design review or CUP were evaluated by staff for conditions. Staff then notified the applicant and indicated then
as a general statement that certain fees would have to be paid. Generally, at the design review stage staff did not
have enough information to calculate a lot of those fees.
Mr. Morris stated, after conferring with the Planning Director, that typically staff told them that the applicant was
responsible for all the associated fees to all applicants.
Mayor Nader felt the item should be agendized for further discussion as he thought it was the City's initiative to
inform applicants of the requirements. He wanted an explanation at some time as to why those fees were impossible
to calculate before getting to the plan check phase.
Mr. Catenzaro stated things had been moving so fast it was hard to follow. It was getting very confusing at to what
was happening. He had originally requested a waiver or deferment of the fees. The fees were forever and the
project was not, it was only for five years. When they did their permanent project they would then pay their fees.
MSC (Nader/Horton) to conceptually approve the policy described, defer the fees on Bonila Country Day
School with the understanding that the policy Council was conceptually approving would be applied to it, and
that the item be agendized (policy) next week for Council action. Approved 40-1 with Moore absent.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 12 and 19. The minutes will reflect the published agenda order.
OTHER BUS1NESS
27. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. No report given.
b. Govemor's Veterans Home Site Selection Committee Meeting on 9/1/94. Mayor Nader stated the Veterans
Commission made it clear they were enthusiastic about the site next to the Community Hospital which staff was
currently negotiating to obtain. They preferred that site and requested additional information.
Mr. Morris stated the City Manager and Community Development staff was meeting with the Sweetwater High
School District regarding site acquisition.
Minutes
September 6, 1994
Page 18
Mayor Nader requested a report next week.
28. MAYOR'S REPORT(S}
a. Trash disposal rate payer survey. Mayor Nader stated he had received negative calls regarding previous
action taken by Council on trash rates. Dissatisfaction was expressed with the amount of unfairness perceived by
those that responsibly took care of their yard waste and having to pay for those that did not engage in those
practices; and, affordability to seniors on fixed incomes. It indicated to him that if Council was interested in
knowing what the ratepayers actually felt was a fair way to allocate costs it might be good to get that information
through a survey. He felt a brief explanation should be included, the likely costs that could be incurred if nothing
was dune, and some suggested options.
Councilmember Rindone stated the concerns expressed were legitimate and he had also received calls. It was a
complex issue and had been deba{~l on public policy issues. A shift of major policy was not always understood
nor was it reported as it should have been. Councilmember Rindone then reviewed the three reasons for changing
to the universal system. The users with stickers were under the impression that the only way they could turn them
in was to go to Energy Way. He felt they should be able to bring them to the City. He requested that the options
for redeeming the stickers be scrolled across the television during the Council meeting.
Mr. Morris stated he would look into the issue. He was under the impression that they were being brought into
the City.
Mr. Rindone recommended that a task force be established to work with the Mayor in reviewing options. He felt
Council would review any recommendations brought forth. He did not feel a survey should be done because a
survey to those that did not have the same information Council had access to could come to a different conclusion.
Therefore, he did not feel a survey would be helpful.
Mayor Nader proposed the survey be distributed through the Quarterly and would not cost the City anything. The
survey should be accompanied by an explanation of the actual situation the City faced and the costs that needed to
be covered. He felt it was possible to devise several options to survey. He was not adverse to setting up a task
force, but a task force was likely to attract those that were most upset with the most recent thing done and he was
unca~ain that was a cross section of the users.
Mayor Nader stated it was the consensus of the Council that a draft survey be brought back to Council for
b. Ratification of appointments: Charter Review Commission - Linda Brown and B. Rosie Bystrak; Economic
Development Commission -Arthur D. Sellgren; International Friendship Commission - Paul Catanzaso; Human
Relations Commission -Mary P. Slovinsky; Parks and Recreation Commission - Margaret J. Helton; and, Youth
Commission - Manuel Martinez.
MSC (Nader/Rindone) to ratify the appoin~nent of: Charter Review Conunission - Linda Brown and B. Rosie
Bystrak; Economic Development Commission -Arthur D. Sdlgren; International Friendship Commission -
Paul CatanTaro; Human Relations Cornmission -Mary P. Slovinsky; Parks and Recreation Commission -
Margaret J. Helton; and, Youth Conunission - Manuel Martinez. Approved 4-0-1 with Moore absent.
29. COUNCIL COMMENTS
Councilmember Horton
a. Ratification of appointment to the Economic Development Commission - Geoffrey S. Bogart.
MSC (Horton/Rindone) to approve the ratification of Geoffrey S. Bogart to the Economic Development
Commission. Approved 4-0-1 with Moore absent.
· I
Minutes
September 6, 1994
Page 19
an. Consideration of City incentives for high tech corporation - EastLake Business Center. Councilmember
Hotton stated a major corporation was interested in locating in Chula Vista. Staff felt there would be major benefits
to the City if they were persuaded to move into the EastLake Business Center which was within the high tech/bio
tech zone. The City was competing with another site within San Diego County and it was important for the City
to sweeten the deal.
MSC 0torton/Fox) to direct staff and the high tech/bio tech subcommittee to devdop a financial incentive
package for Matsusha Electric Corporation to locate within the high tech/bio tech zone and negotiate an
agreement with EastLake Development Company spedfyiag land and fee writedowns to be provided by the
landowner for exchange for non-cash benefits from the City. Approved 4-0-1 with Moore absent.
Councilmember Hotton stated the final action would be approved by Council, but the information would be relayed
to the corporation prior to returning to Council.
Councilmember Rindone requested that Council received an information item on the financial package.
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 from the meeting of 8/23/94. Continued to the meeting of 9/13/94.
c. Consideration of in-house/staff training vs. conferences. Continued from the meeting of 8123194.
Continued to the meeting of 9/13/94.
d. Illegal/bootleg signs, etc. in residential areas; along side City streets, etc.; and enforcement action.
Continued to the meeting of 9/13/94.
Councilmember Rindone
e. Ratification of reappointment to the Mobilehome Rent Review Commission - Andrew Delgado.
MSC CRindoneatorton) to approve the ratification of rcappointment of Andrew Delgado to the Mobilehome
Rent Review Commission. Approved 4-0-1 with Moore absent.
CLOSED SESSION
Council recessed at 10:40 p.m., met in Closed Session at 10:43 p.m., and reconvened at 11:45 p.m.
30. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designce for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council of
Engineers OVCE), Police Officers Association (POA), and International Association of Fir~
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Um'epresented.
31. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Government Code
Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
· City vs. Solid Waste Management JPA (differential rate structure and transfer station legal issues).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
· Title: City Attorney
Minutes
September 6, 1994
Page 20
32. CONFERENCE WlI'H REAL PROPERTY NEGOTIATOR - Pursuant 1o Government Code Section
54956.8
s Properly: Wast end of Otay Rio Business Park.
Negotiating parties: John Goss or dasignee.
Under negotiation: Purchase price and terms of payment for corporation yard.
· Property: School District property next to Community Hospital Medical Center.
Negotiating pafiias: John Goss.
Under negotiation: Potential acquisition of site for Veterans Home.
33. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No final action was taken in Closed Session.
ADJOURNMENT
ADJOURNMENT AT 11:46 P.M. to the Regular City Council Meeting on September 13, 1994 at 6:00 p.m. in
the City Council Chambers.
A Meefmg of the Redevelopment Agency convened at 10:40 p.m. and adjourned at 10:43 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C, Soderquist, Deput~,~lerk r
· I