HomeMy WebLinkAboutcc min 1994/12/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, December 13, 1994 Council Chambers
6:03 p.m. Public Services Buildhie
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Padilia, Rindone, and Mayor Hotton
ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attomey; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: December 6, 1994 (City Council) and December 6, 1994 (Joint
Meeting of the City Council/Re. development Agency)
1~$C (Fox/Horton) to approve the minutes of December 6, 1994 (Council) and December 6, 1994
(Councii/Redevelopment Agency) as presented. Approved 4-0.
4. SPECIAL ORDERS OF THE DAY:
a. RESOLUTION - COMMENDING MAYOR TIM NADER
b. RESOLUTION - COMMENDING COUNCILMAN LEONARD M. MOORE
Mayor Hotton stated the resolutions would be presented to Ex-Mayor Nader and Ex-Councilmember Moore at their
farewell party on Wednesday.
MSC (Rindone/Horton) to approve the resolutions. Approved 4-0.
c. Oath of Office for newly appointed Councilmember. The Oath of Office was given by City Clerk
Authelet to John S. Moot who then joined the Council at the dias.
Councilmember Moot stated he hoped to demonstrate through his actions the wisdom of Council's choice and was
honored to be selected.
Salutatory comments were made by Mayor Horton and Councilmembers Fox, Padilia, and Rindone.
CONSENT CALENDAR
(Items pulled: 10 and 11)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved unanimously, with Moot abstaining on Item 9A, 9B, and 9C.
5. 1,VRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that no Closed Session was held on 12/6/94. It is recommended
that the letter be received and filed.
Minutes
December 13, 1994
Page 2
b. Letter from Bonita Country Day School requesting that the City provide them the same payment
provisions for the Sewer Capacity fee as they were given for the TransDif fee - Paul Catanzaro, Headmaster,
Bonita Country Day School, P.O. Box 1226, Bonita, CA 91908. It is recommended that staff be given authorization
to add the sewer fee to the Agreement for the payment of TransDif fees.
6. ORDINANCE 2619 CREATING A DEPARTMENT OF MAYOR AND COUNCIL AS CHAPTER
2.03 OF THE MUNICIPAL CODE AND AMENDING SECTION 2.05.010 ADDING THE POSITION OF
"ASSISTANT TO THE MAYOR AND CITY COUNCIL" TO THE UNCLASSIFIED POSITIONS -(sec9nd
reading and adoorion) - In order that the Mayor have hiring and termination authority, creation of the Department
of Mayor and Council is necessary. The position of Assistant to the Mayor and City Council was created as an "At
Will" position to serve at the pleasure of the Mayor and City Council. It is important that the position he
Unclassi~ed because the Mayor, who supervises the incumbent, serves a finite term and as tumover occurs, he/she
should have the ability to appoint an Assistant who possesses the knowledge, skills, and abilities judged necessary
by that Mayor. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney
and Director of Personnel) 4/5th's vote required.
7. RESOLUTION 17750 APPROVING SUBMITTAL OF A USED OIL BLOCK GRANT
APPLICATION IN THE AMOUNT OF $73,130 TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD FOR FISCAL YEAR 1995/96 - The California Used Oil Enhancement Act mandates
the California Integrated Waste Management Board use a portion of the funds from the sale of lubricating oil to
provide block grants to local governments for used oil programs that encourage recycling. If the City does not
apply for a grant in this cycle, the funds that are allocated for the City will either be distribut~l among the
applicants in this year's competitive grant cycle or transferred to the State's general fund. Staff recommends
approval of the resolution. (Administration)
Councilmember Fox questioned if the Resource Conservation Commission had reviewed the item.
Michael Meachara, Conservation Coordinator, responded that the Resource Conservation Commission had not met
due to a lack of quorum. Their next meeting would not be until January.
8. RESOLUTION 17751 ACCEPTING BID AND AWARDING CONTRACT FOR "PALM CANYON
SEWER RECONSTRUCTION FROM MAX AVENUE TO LOMA LANE IN THE CITY (SW-200)" - Bids
were received on 11/9/94. The work consists of replacing an existing eight inch virtified clay pipe sewer main with
a new twelve inch sewer main from Max Avenue to Loma Lane and installing a new eight inch sewer main through
the intersection of Orange Avenue and Loma Lane. The work includes excavation and grading, deep lift asphalt
concrete pavement, mobilization, shoring, replacement of existing manholes, reconstruction of base of existing
manholes, new sewer manholes, sewer laterals, sewer lateral connections, traffic control, crushed aggregate base,
concrete drainage structures, preservation and restoration of property, and other miscellaneous work specified in
the specifications and shown on the plans. Staff recommends approval of the resolution. (Director of Public
Works)
9.A. RESOLUTION 17752 APPROVING FINAL MAP OF TRACT 94-02, CORNERSTONE
COMMUNITIES AT RANCHO DEL REY, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY THE OPEN
SPACE LOTS GRANTED 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 8/16/94, Council approved the Tentative Subdivision Map
for Tract 94-02, Cornerstone Communities at Rancho del Rey. The final map for the tentative map is now before
Council for approval. Staff recommends approval of the resolutions. (Director of Public Works)
Minutes
December 13, 1994
Page 3
B. RESOLUTION 17753 APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 94-02, CORNERSTONE COMMUNITIES AT RANCHO DEL REY, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
C. RESOLUTION 17754 AUTHORIZING THE MAYOR TO EXECUTE DEEDS QUITCLAIMING
ANY TITLE INTEREST OF THE CITY IN PROPERTIES TO BE OWNED BY THE DEVELOPER AFTER
RECORDATION OF THE MAP
Councilmember Moot stated he would abstain from participating on the item until he could clarify a potential conflict
with the City Attemey.
10. RESOLUTION 17755 APPROVING AGREEMENT AMONG NATIONAL CITY, CHULA VISTA
AND CANYON-CAHAN PROPERTIES FOR THE PROVISION OF SEWER SERVICE TO A FOOD 4
LESS MARKET THROUGH NATIONAL CITY FACILITIES - A new Food 4 Less Market in Chula Vista at
1320 30th Street will be dependent upon National City facilities for sewer service. In order to provide for that
service, it is necessary that the developer and Chula Vista enter into an agreement with National City. The
agreement satisfies National City's concerns with payment of sewer fees, noise, and safety and has been approved
by both the developer and the City Council of National City. The agreement provides that National City's sewer
capacity in the Metro system will be used for the sewer service and that all sewer fees and ongoing charges will
be paid to National City by the developer and future owners. Staff recommends approval of the resolution.
(Director of Public Works) Pulled from the Consent Calendar.
Mayor Hotton felt staff should retum with a report addressing the issue of how the City could clean up the
boundaries as them had been questions on who should provide police service, fire service, etc.
Councilmember Rindone stated Mayor Cox had tried to address the issue but the City of National City had been
unreceptive at the time. After the receipt of the report by Council a meeting should be set up between the public
officials of beth cities. It should not be a complex issue.
Councilmember Fox stated he would support that effort. Unfortunately, in the past it had been viewed as a land-
grab by the City of Chula Vista and should have been viewed as an effort to provide better services.
Mayor Horton requested that a report be brought back to Council within 45 days.
RESOLUTION 17755 OIq~ERED BY MAYOR HORTON, reading of the text was waived, passed and
approved unanimously.
11. RESOLUTION 17756 ACCEPTING CALIFORNIA STATE LIBRARY MATCHING FUNDS
AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING
FISCAL YEAR 1994/95 BUDGET - The California State Library has announced that Califomia Library Services
Act funds are available to supplement funds raised locally by California Literacy Campaign member libraries. The
match is based on $1 for every $4.97 raised locally and spent during Fiscal Year 1994/95. Accepting the grant will
provide $29,792 in Fiscal Year 1994/95 to the Chula Vista Literacy Team. The funds cannot supplant existing
funds. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. Pulled from the
Consent Calendar.
Mayor HotIon stated she had been informed that a local church had a literacy program involving 85 people and
questioned whether that was part of the City program. She noted the 1994/95 awards were based on a match of
tim& raised locally and questioned whether the amount of money put into their program could be combined with
the other programs in order to receive matching funds.
T ' I
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December 13, 1994
Page 4
David Palmet, Library Director, stated he was not aware of the specific program. He would research their program
and if there was money raised he felt it could be combined with the funding requested from the State Library's
matching funds.
RESOLUTION 17756 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and
approved unanimously.
12. RESOLUTION 17757 APPROVING A CHANGE ORDER WITH DYNALECTRIC FOR LIGHTS
AND ACCOMPANYING SUPPORTS IN THE CHILDREN'S ROOM AND BROWSING AREA AT THE
SOUTH CHULA VISTA LIBRARY - The originally specified shelves with integrated lighting cannot be supplied
for the Children's Room and Browsing Area. Therefore, the Children's Room stacks and lighting will now be
similar in design to the Adult Area, and the Browsing Area will have a different design. To implement the design,
the purchase order to Dynalectric, sole responsive bidder for the adult section lighting, must be increased. The State
Library will reimburse 65 percent of the cost. Staff recommends approval of the resolution. (Library Director)
13. REPORT TWO APPLICATIONS FOR FEDERAL DEPARTMENT OF EDUCATION,
LIBRARY SERVICES AND CONSTRUCTION ACT, TITLE VI. LIBRARY LITERACY PROGRAM
GRANT FUNDS TO CONTINUE A MODEL PROGRAM FOR DYSLEXIC ADULTS, AND TO CONTINUE
A MODEL WRITING PROGRAM FOR ADULT LEARNERS The Chula Vista Literacy Team has applied for
two grant funds under the Library Services and Construction Act Title VI, Literacy Program in Federal Fiscal Year
1995/96 (1) to develop and implement a model program to deal effectively with the identification and remediation
of adult learners with dyslexia, and (2) to continue their Model Writing Programs for adult learners. If awarded,
the funds cannot be used to supplant the current volunteer tutor reading program. Staff recommends Council accept
the report and ratify the applications for Title VI Library Literacy grant funds. (Library Director)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-95-13; APPEAL PROM THE
DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSAL BY THE SALVATION
ARMY TO OPERATE A THRIFT STORE SELLING USED CLOTHING AT 366 BROADWAY - JERRY
FICK - Jerry Fick is appealing a decision of the Planning Commission to approve a request to locate a Salvation
Army Thrift Store selling used clothing in an existing commercial building at 366 Broadway in the C-T Commercial
Thoroughfare Zone. In the appeal, Mr. Fick states that the thrift store is not compatible with, and would have a
negative impact on, existing areas within the neighborhood. Staff recommends approval of the resolution. (Director
of Planning) Continued from the meeting of 12/6/94.
RESOLUTION 17758 DENYING AN APPEAL AND THEREBY AFFIRMING THE DECISION
OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT PCC-95-13 TO
OPERATE A THRIFT STORE SELLING USED CLOTHING AT 366 BROADWAY
This being the time and place as advertised, the public hearing was declared open.
· Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing the Salvation Army and Bill
Lynch, spoke in support of the staff recommendation. The item had been unanimously approved by the planning
Commission and was a relocation of the existing Salvation Army facility which was located at 655 Broadway. He
did not feel they were a detraction to a residential or commercial area. The site was completely screened by a six
foot zoning wall that surrounded the site. The building had been vacant from 1-2 years. He felt it would be a good
Minutes
December 13, 1994
Page 5
addition to the neighborhood and to the Broadway area where there were a number of vacant buildings. The
revenues were utilized by the Salvation Army for programs of which many were in the City.
· Major Robert Bodine, Salvation Army, Administrator for San Diego County, stated their facility employed
6-8 people and their two managers were Chula Vista residents. They had enjoyed a fine relationship with the City
at their existing store.
Mayor Horton questioned the length of the lease.
Major Bodine responded that it was for five years with an option for an additional five years.
® Kenneth Zalud, 3790 Via de la Vaile, Del Mar, CA, Attorney representing Jerry Fick, stated Mr. Fick
owned the mobile home park at 352 Broadway. He objected to the store on the adjacent property and felt it was
a sign of decline and blight in the neighborhood and would be detrimental to the neighborhood and incompatible
with surrounding businesses, particularly those selling new merchandise.
n Floyd Blanchard, 350 Broadway, Chula Vista, CA, stated the store was a good thing, but he did not want
it in his neighborhood. He expressed his concern regarding loitering around the building after the store closed.
Mayor Horton informed Mr. Blanchard that the Police Department stated their records reflected that they had not
had a problem with any of the thrift stores in the Chula Vista area.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 17758 OIq~ERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and
approved unanimously.
Mr. Boogaard stated there was a need to discuss potential litigation in Closed Session and Council needed to make
a finding that the need for the Closed Session arose after the preparation of the agenda and the circumstances were
such that it could not wait until the next normal City Council meeting.
MSUC (Horton/Fox) to find that an urgency existed and to meet in Closed Session to discuss potential
litigation.
Council met in Closed Session at 6:30 p.m. and reconvened the meeting at 7:03 p.m.
ORAL COM~ftJNICATIONS
· Jeffrey Comparin, 1001-D Broadmoor Ct., Chula Vista, CA, representing the Chula Vista Quarry
Committee, thanked the Council for filing suit against the Daley Corporation and the County of San Diego. He
requested that representatives 9f the Committee meet with the City Attorney so they could fully understand the issues
and the City's position on those issues. He further requested that Committee members be informed in a timely
fashion of any relevant disclosable decisions made in the closed door meetings. It was their desire and intention
to assist the City in any way they could.
MOTION: (Fox) to refer to the City Attorney to report to the Committee and if necessary, an oral report
back to Council. Motion died for lack of second.
Mr. Boogaard stated that Mr. Comparin or any other member of the community did not need special dispensation
from the Council to meet and talk with him about an issue. He would meet with them without any motion or order
from the Council.
Minutes
December 13, 1994
Page 6
BOARD AND COMMISSION RECOMMENDATIONS
15. REPORT AUTHORITY TO PROCURE SERVICES AND SPONSOR WORKSHOP ON
PRINCIPLES OF PUBLIC SERVICE ETHICS - The report constitutes a request by the Board of Ethics for an
appropriation of $10,000 to be used for City-wide training on ethics in the current fiscal year. (Board of Ethics)
4/5th's vote required.
® Harriet F. Acton, 265 Nixon Place, Chula Vista, CA, Chair of the Board of Ethics, gave a brief report
on their proposal. Their goal was to introduce their proposal at the 1/26/95 boards & commission workshop for
feedback and planning purposes. It was a three part program and they hoped it would be completed prior to budget
preparations.
Mayor Horton questioned if the proposal was to have the same training for every commission and Councilmember.
The standard of conduct for someone such as a Planning Commissioner was a lot different than a commissioner for
someone on the International Friendship Commission.
Mrs. Acton responded that it would be standardized and utilized by everyone.
· Susan Herney, Member of the Board of Ethics, responded that the philosophical underpinnings of the ethics
program was what they would count on the Josephson Institute to provide as part of the all day session proposed.
In addition, they hoped the board/commission members that attended the workshop on 1/26/95 would respond to
a survey from the Josephson Institute. They would then be able to craft a more content specific training relating
to concerns of individual commissioners.
Mr. Goss stated he had also recommended that to the extent that staff attend, he would pick them based on the
content of the seminar. If a one day seminar was provided there would need to be follow-up.
Councilmember Rindone questioned if the City Manager would follow the guidelines described on page 15-8, 2rid
paragraph from the bottom, for selection of those attending the program.
Mr. Goss responded one issue was that once the program was more specifically identified it could be that there were
other types of City employees or officials that could benefit from the training and were not currently identified.
There were many more employees that had contact with the boards/commissions so there would have to be choices
made. Depending on the focus of the training he would make the determination on who would best benefit.
Councilmember Rindone stated because there was a flat fee he did not have a problem in expanding the number of
attendees. He wanted to be sure that the intent of the Board of Ethics was followed. He questioned whether them
would be any prohibition of inviting other public officials to participate in the program at a pro rata share of the
cost.
Mayor Horton felt staff should look at alternatives, i.e. there were attorneys that specialized in that area that may
provide a program for the City free of charge. After speaking to several commissioners she was concerned with
an all day seminar and their ability to work it into their schedule. She felt staff should also look at options such
as: 1) a manual or home study course; 2) different levels of training for commissioners for different types of
responsibilities; and 3) audio tapes of any presentations made. It would be an on-going program.
Councilraember Padilia agreed that there should be as many options as possible in terms of the source and sources
of funding. He felt training on ethics should start at the top and that it should be uniform and consistent. The
recommendation was for voluntary participation for the boards/commissions, but was mandatory for Mayor/Council
and should be for the City Manager and Department Heads.
Councilmember Moot stated when public funds were being spent it was important to look at the options. He would
be more comfortable in looking at the options and possibly reduce the costs to the City.
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December 13, 1994
Page 7
Councilmember Fox stated if the expenditures were approved attendance should be maximized. He felt that could
be accomplished by having the trainer attend meetings of the various boards/commissions and discuss the issue.
If a manual was created the person should have to sign that they received and read the materials.
MS (Rindone/Padilla) to accept the Board of Ethics recommendation, outlined in steps 1, 2, and3 {page 15-7
thru 15-9) and direct the City Manager to invite participation by other public agencies, i.e. National City,
Imperial Beach, Coronado, City of San Diego, Otay Water District, Sweetwater Authority, Sweetwater Union
High School District to participate.
Mayor Hoaou stated she would support the staff recommendation as she felt it should be sent back to staff for
further review taking into consideration comments made by Council.
Councilmember Padilla felt Council needed to look at proper sources of funding. The addition to the motion
addressed that issue and could help m lower the costs to the City, therefore, he would support the motion. He felt
it was an issue that needed to be asserted clearly and early on.
Councilmember Fox stated he supported the Mayor as he was uncertain that all the issues had been reviewed. He
felt that would only take 1-2 weeks and then could be brought back to Council without a delay in the program. He
wanted the funding sources identified, whether there was interest by other agencies, and answers to some of the
comments made by Council.
SUBSTITUTE MOTION: (Foxatorton) to approve the staff recommendation: 1) staff be directed to identify
other possible funding sources for the training other than General Fund reserves, such as the City Council
contingency fund; 2) the proposal he referred to staff to determine more specifically the content of the
proposed training; 3) any staff attending the seminar, it if is approved by the Council, be chosen by the city
Manager to best match city jobs with the training once its specific content has been determined; and 4) if the
one-day s~ninar costing $6,500 is approved, the follow-up specialized instruction to train a trainer in-house
also be approved ($1,650 - $1,900).
Mayor Horton stated she would second the motion if it included that staff would take into consideration all
the information provided at the meeting.
Councilmember Padilia stated the motion would only defer a final decision on whether to follow the course of action
recommended by the Board of Ethics until such a time that possible funding sources could be identified and the
content of the training be identified. The Manager's commentary was tied to the proposal presented by the Board
of Ethics and he did not see the point in delaying the decision to either support that direction or not to support it.
Mayor Hotton stated the intent was not to delay the process, but that it needed further evaluation based on the
Council discussion.
Mr. Goss stated that staff could report back next week regarding funding sources. In terms of the content of the
proposed training he was uncertain as he did not know how responsive Mr. Danielson would be. In terms of the
other issues addressed, he felt staff could return by the first meeting in January.
· Richard Schulman, Member of Board of Ethics, stated some of the issues discussed had been explored
thoroughly. They were trying to be responsive to the issue raised by Council, i.e. could there be a program that
would be meaningful to the beards/commissions. There needed to be a commitment starting at the top and then
down through the organization. If the commitment was made by Council to set aside X number of dollars for the
program, then the other suggestions and recommendations by Council could be carried out as well as the
recommendations of the City Manager. Those were not inconsistent with what the Board was proposing. It was
important that the Council went on the record immediately as being in support of the program.
Councilmember Padilia questioned whether the substitute motion included staff looking at other providers, other than
the Jacobson Institute.
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Dee~mber 13, 1994
Page 8
Councilmember Fox responded that the motion was to adopt staff recommendation as stated end to incorporate the
comments of the Mayor/Council as it pertained to options, i.e. manuals, attendance, etc.
VOTE ON SUBSTITUTE MOTION: approved 4-1 with Rindone opposed.
Councilmember Rindone wented it understood that he was very supportive of the Board of Ethics end their
recommendation. His no vote was not against the program.
Councilmember Moot stated the first step recommended by the Board did not cost eny money and felt Council
should support it.
MS (Moot/Horton) to have staff and the Board move forward with the Board/Commission workshop on
1/26/94 with no commitment to spend any funds while staff was reviewing the options.
AMENDMENT TO MOTION: (Rindone/Moot) to direct the City Manager to invite the other public agencies
to participate in a program if approved by Council.
VOTE ON MOTION, AS AMENDED: approved unanimously.
ACTION ITEMS
16. REPORT CONSIDERATION OF DEFERRAL OF EASTERN CHULA VISTA
TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) AND INTERIM PRE-SR-125
TRANSPORTATION DEVELOPMENT IMPACT FEES (SR-125 DIF} FOR THE PROPOSED INDUSTRIAL
OR COMMERCIAL LAND USES - Staff presented a report regarding implementation of Transportation
Development Impact fees at the 9/27/94 meeting. Council requested further information regarding fmaneial impacts
of such en action. Staff recommends Council accept the report. (Director of Public Works)
Councilmember Padilla questioned whether the zoning allowed for mixed use or industrial.
John Lippitt, Director of Public Works, responded that it was staff's interpretation that Rohr Federal Credit Union
was in en employment park zone which allowed office uses end was at $16,400 per acre.
Clifford Swenson, Deputy Director of Public Works/City Engineer, stated it was E-P-1 zoning which allowed banks
end, therefore, there would be no more fees.
MOTION: (Padilia) to accept the staff report.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated the
Chamber had previously raised en issue with the item regarding the $36,000 per acre in the industrial fee. The
Chamber was requesting that Council review all of the lend use fees to make sure that fees in the City were logical,
fair, and competitive.
SECOND TO MOTION: (Horton) approved unanimously.
17. REPORT TRANSPORTATION DEVELOPMENT IMPACT FEES FOR THE
TELEGRAPH CANYON SHELL AUTO CARE CENTER - In a letter, Rod Bisharat, owner of the Telegraph
Canyon Shell Auto Care Center, is asking that the Transportation Development Impact Fee (TDIF) be credited based
on their required dedication of an additional seven feet of right-of-way. Mr. Bisharat indicates that Shell Oil
Company purchased the property for $487,500 and, based on the area of the parcel, indicates that the square foot
value of the property is, therefore, $26.50 per square foot. According to his letter, this would give a value of right-
of-way dedication of $27,825. For Council's information, the TDIF for the 40 additional trips that would be
generated is $12,240. The property is located at the northeast comer of Telegraph Canyon Road at Halecrest Drive.
Minutes
December 13, 1994
Page 9
Staff recommends Council instruct staff to reply to Mr. Bisharat and inform him that the conditions required for
TDIF credit for right-of-way dedication have not been met and that the City cannot give him credit as requested.
(Director of Public Works)
Councilmember Fox questioned whether there was a dispute as to the percentage of the parcel that was in excess
of 10%.
Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that he was not aware of a dispute.
The only item he had discussed with the applicant was the value of the property and staff did not feel the value of
the property entered into the equation.
® Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Telegraph Canyon Shell, stated
the fee was an additional cost of doing business for the applicant. He also wanted to address the sewer fees which
were another $14,000 which amounted to over $26,000 in fees which was a significant overall percentage of the
project costs.
Councilmember Fox stated the policy allowed Council to give credit only under two circumstances and questioned
how the City could grant the credit given the two policies.
Mr. Cox responded that under the existing Council policy, baring the reduction in the TDIF that may not be
possible.
· Richard Zanoni, 1824 Altozano Drive, El Cajon, CA, Real Estate representative for Southern California,
Shell Oil Company, stated the project was 700 sq. ft., three walls, for a roll-over car wash. As a condition for the
CUP they had to dedicate a 7 ft. piece of propc. rty and also gave a 16 ft. easement. Between the dedication and
easement it was approximately 3,450 sq. ft. The property was 18,698 sq. ft. and 10% of that was 1,800 sq. fi.
Among other fees the City was assessing them $12,240 for traffic impact which was based on 40 additional trips
per day to the station which he felt was excessive. They believed that giving up the dedication and easement should
be sufficient in lieu of the fees. He submitted a copy of the grant deed attesting to the fact that they paid $487,500
for the property. He request relief in terms of the fee.
Mr. Cox requested one other point of consideration, i.e. the sewer fees. They had provided information to staff
indicating that the type of facility being designed had an 85 % reclamation system. He suggested that the applicant
be assessed 1 EDU with an agreement that at the end of one year there would be a monitoring of the situation and
if it was generating more than 1 EDU of discharge into the sewer system the applicant would pay the difference
up to the 6.5 EDU figure recommended by staff. He felt that anything that could be done to assist small businesses
should be done.
MS {Foxatorton) to approve the staff recommendation and direct staff return with an agendized response
to the 11/14/94 letter relating to the lowering of the sewer fees.
Mayor Hotton questioned whether staff had analyzed the reclamation process of the project.
Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that it appeared to have the potential
as claimed. Staff suggested that the applicant pay the fee and after one year it would be analyzed. If it was less
than anticipated they would receive a refund. They would work with the City Attorney regarding an agreement that
would be binding on the sewer fee.
Councilmember Rindone questioned the purpose of the second half of the motion, he felt it was being incorporated
into the staff recommendation.
Mr. Swanson felt the motion was to direct staff to work with the City Attorney regarding other options.
VOTE ON MOTION: approved unanimously.
Minutes
December 13, 1994
Page 10
18. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
George Krempl, Deputy City Manager, stated the County Board of Supervisors had met with the Solid Waste
Authority and had taken the following action: 1) killed the parcel tax; 2) took no action on the land use tip fee -
it was deferred to the 1/10/95 joint meeting; 3) deferred until January the issue of privatization; and 4) took no
action regarding the accessibility to Otay Land fill after January. Therefore, Otay Landfill would continue to accept
South County waste from members and non-members after January 1st. That could be revisited by the Board at
the joint meeting on 1/10/95.
Councilmember Rindone questioned when the agreement with the City of San Diego regarding solid waste would
be brought back to Council for review.
Mr. Krempl responded that the timing was based on legal requirements within which the environmental review had
to take place. It was possible that the review period would not be up by next Tuesday and staff may have to ask
Council for a very brief special meeting sometime prior to January 2nd.
Councilmember Rindone requested a staff report and recommendation as to when the special meeting would be at
the 12/20/94 meeting.
Mr. Krempl responded that staff would put the information in the packet regarding what the possibilities were and
the deadlines. He felt it could be addressed under the Solid Waste Update on the agenda.
19. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral repoa will be given
by staff.
John Lippitt, Director of Public Works, gave a brief update on the meeting held between the Mayor of the City of
San Diego, Chula Vista, and mayors of other governmental agencies to discuss the issue of sewer billing. Staff
would be meeting with representatives of the City of San Diego on Wednesday to try to get a better understanding
of their position. Staff would recommend that a meeting be set up with the mayors and staff from different agencies
to review and explain their proposed figures and how they related to the figures given to the cities last May.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 10 and 11. The minutes will reflect the published agenda order.
OTHER BUSINESS
20. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Mr. Goss reminded Council that the tour would be on 12/17/94 at 8:30 a.m. to
noon. No Council meetings would be held the last week of December or the first week of January.
21. MAYOR'S REPORTfS)
a. Selection of Mayor Pro Tern.
Councilmember Fox stated the position normally rotated through the Councilmembers and that it was his turn. He r
felt that due to the time commitment required he would not be able to accept the position.
Minutes
December 13, 1994
Page 11
MSUC (Fox/Horton) to nominate Councilmember Rindone as Mayor Pro Tern.
b. Council discussion regarding consideration of extension of the current term for Chula Vista's representative
to the San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego
Unified Port District and Chula Vista City Council. Continued from the meeting of 12/6/94.
Mayor Herton stated she wanted Council to consider whether or not to extend the term expiring on 1/2/95.
Included for Council review was information on terms served by other Port Commissioners and Proposition J which
limited service to two terms. She felt Dr. Penner had done an excellent job in representing the City but, she had
to support the intent of Proposition J. It would also allow the City to get back on schedule with the term of the Port
Commissioner.
Councilmember Rindone wanted to make sure that none of the Council felt they had a conflict on the item. The
Port Commission was one of the most important appointments the Council made. It was not like other
boards/commissions as the Port Commission made final decisions and were not advisory to the respective cities.
Historically, the other four port cities, other than the City of San Diego, had not been receiving their proportional
amount of funding and support. Recently, there had been a building of a coalition for equitability and he attributed
that directly to the Chula Vista representative on the Port Commission. The terms of members serving on the Port
Commission were not equitable. He would vote to replace any Port Commissioner that had served two full terms
as long as everyone else on the Commission played by the same rules. The current Commissioner had not served
two full terms, just under seven years. He had discussed the performance of the current Port Commissioner with
other South Bay cities and he had received nothing but raves. He felt the removal of the current Port Commissioner
at the present time would be detrimental to the City.
MS (Rindone/Padilla) to extend the current term of Dr. Penner's appointment for one additional year, i.e.
to 112/96.
Mayor Herton stated that by definition Dr. Penner had served two full terms.
Councilmember Padilia stated he concurred with Councilmember Rindone, the issue was not just about term limits,
but the effectiveness and strength of Chula Vista's representation on the Port Commission. When looking at the
date of appointment Commissioner Penner had served just under seven years. He did not fecl it wes wise for Chula
Vista to hamper its representation by cutting short, as compared to other members of the Commission, a term for
someone that had experience and knowledge. He did not feel the City should set a two term limit for the Port
Commission appointment until there was a uniform policy for all the participating agencies. The appointment should
be looked at only in terms of the knowledge, experience, and effectiveness of the representative to the Port
Commission.
Councilmember Fox commended Dr. Penner for his service and that his performance was not at issue. He felt an
alternative to extending the term for one year would be to open the position up for applications which would not
preclude Dr. Penner from reapplying. Proposition J was passed by 80% of the citizens of Chula Vista in support
of term limits. The two term limit had been applied to the boards/commissions and the Mayor/Council and he did
not feel that one position should be separated from everyone else. He did not feel the City should be put in the
position of relying on one individual as it was a dangerous precedent.
Councilmember Rindone agreed that performance was not an issue. The City needed to look at continuity,
leadership, and the direction that could potentially bring millions of dollars in projects to the South Bay. The
motion was for one year which would allow for two full terms. It was a critical time at the Port and he felt Dr.
Penner's leadership was important. During the one year period it would allow time to advertize and interview with
sufficient time for a new appointment to transition in.
Coancilmembor Moot stated he needed to disclose that his law partner was on the Port Commission and did not
believe that it created a conflict of interest.
II
Minutes
December 13, 1994
Page 12
Mr. Booguard stated it was his inun~diate opinion that it was not a conflict of interest. Councilmember Moot was
not trying to appoint his partner and did not share in any Port income received. The City Attorney could not grant
immunity and there was no advice of counsel defense before the FPPC. It was the tirst instance he had a chance
to evaluate the vote and by deferring the issue and seeking the advice of the FPPC he could be more definitive in
his response.
Mayor Horton stated she did not see there would be a conflict of interest. She questioned if Councilmember Moot
would have to vote under the rule of necessity if there was a tie vote.
Mr. Booguard stated the use of the rule of necessity was frowned upon by the FPPC.
Councilmember Fox questioned if a substitute motion was on the floor that set dates and times for interviews if it
would be a conflict of interest.
Mr. Booguard responded that he felt 90% confident that the vote on the original motion would not be a conflict of
interest and there would be less likelihood of a conflict regarding the setting of dates and times for interviews. He
wanUul time prior to the date interviews were scheduled to look at Councilmember Moot's financial resources and
see if there was any potential that the vote could affect a source of income or asset.
SUBSTITUTE MOTION: (Fox/Horton) take applications starting 12/14/94 and ending at whatever the legal
requiment was and setting interviews for the Port District appointment on a date to be determined.
Councilmember Rindone stated he had not heard anything about why Dr. Peuner should not be reappointed other
than the possibility of a two term limit which the motion did not violate. He felt Dr. Penner's leadership and value
spoke well for itself. He felt it insulting for Dr. Peuner to have to apply for an eighth year.
Dr. Robert Penner stated he was interested in the discussion and understood it was a hard decision. He was ready
to do the bidding of the Council and appreciated their consideration.
Councilmember Moot stated the last thing he wanted to do on his first day was to make a mistake and the City
Attorney had indicated that he could return with an opinion by the next meeting which would make him feel more
comfortable. If Council did not object he preferred continuing the item for one week.
SUBSTITUTE MOTION: (Fox/Padilla) to continue the item to the meeting of 12/20/94. Approved
unanimously.
22. COUNCIL COMMENTS
Councilmember Fox
a. Consideration of Economic Development Commission appointment: Leonard Moore.
MSUC (Foxatorton) to approve the ratification of appointment of Leonard Moore to the Economic
Development Commission.
b. Councilmember Moore stated the County Board of Supervisors would meet on Wednesday to consider the
Otay Ranch Draft Sphere of Influence report. He would be attending that meeting on behalf of the City.
councilmember Rindone
c. Councilmember Rindone stated a tour had been scheduled of the Adult Education Program for the
Economic Development Commission on Wednesday, 12/4/95 from 8:00 a.m. to noon. He invited one member of
the Council to participate.
Minutes
December 13, 1994
Page 13
d. Councilmember Rindone stated there had been a staff referral regarding the missing audio tapes of the joint
meeting held with Southwestern College and questioned when Council could anticipate a report back.
Mr. Boogaard stated due to other business in the office he had not researched the issue. If Council felt it was a
priority that should be moved up he would repriortize his other work.
Councilmember Rindone questioned if the report would be complete before the end of January.
Mr. Boogaard responded that the report would be ready by that date.
CLOSED SESSION
Council recessed at 9:16 p.m., met in Closed Session at 9:40 p.m. and reconvened at p.m.
23. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Government Code
Section 54956.9
· Metro Sewer Adjustment Billing (prospective arbitration).
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management,
Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council of
Engineers (WCE), and International Association of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Govermnent Code Section
54956.8
· Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-040-16 or
894 Energy Way, Chula Vista, CA (Parcel Numbers 644-182-07 and 644-182-
08).
Negotiating parties: Director of Community Development
Under Negotiations: Price and terms of payment.
24. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No final actions were taken in Closed
Session.
ADJOURNMENT
ADJOURNMENT AT 10:10 P.M. to a City Council tour on Saturday, December 17, 1994 at 8:30 a.m. and thence
to the Regular City Council Meeting on December 20, 1994 at 6:00 p.m. in the City Council Chambers.
A Special Meeting of the Redevelopment Agency convened at 9:16 p.m. and adjourned at 9:38 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Dep~}t_City Clerk