HomeMy WebLinkAboutcc min 2004/11/16
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 16,2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor
Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City
Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVID W.
KROGH, PRESIDENT OF HILLTOP HIGH SCHOOL DOLLARS FOR SCHOLARS,
PROCLAIMING THE MONTH OF NOVEMBER 2004 AS SCHOLARSHIP MONTH
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to David Krogh. Mr.
Krogh informed the Council that a former Hilltop High School student, Gina Perotti, who
participated in the walkathon last year, was the top fundraising student for the event. He then
thanked the Council for acknowledging the "Dollars for Scholars" program.
Mayor Padilla extended his congratulations to Gina Perotti for her achievement as the top
fundraising student for the program. Councilmember Rindone also congratulated Ms. Perotti, as
well as Mr. Krogh and Ms. Rahilly for spearheading the Chula Vista Chapter of the "Dollars for
Scholars" program and for helping to make a difference for youth. He stated that since there are
no administrative fees associated with the fundraiser, all local money raised goes directly to the
scholarship fund. He was hopeful that the community would seek the opportunity to participate
in the program and/or offer a donation.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DR.
DOROTHY YORK, DIRECTOR OF THE CHULA VISTA ANIMAL CARE
FACILITY, DECLARING NOVEMBER AND DECEMBER 2004 AS HOME 4 THE
HOLIDAYS MONTHS
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Dr. York.
Page 1 - Council Minutes November 16, 2004
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SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CAPTAIN
ROBERT D. WHITE, USN (RETIRED), VETERAN OF THE YEAR
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Captain White.
Captain White thanked the Council for its support of the Veterans Home Support Foundation and
the Veterans Advisory Commission. He also acknowledged members of the Veterans Advisory
Commission and of his family who were present at the meeting.
. REPORT FROM CHUCK COLE OF ADVOCATION INCORPORATED ON THE
2004 AND 2005 STATE LEGISLATIVE SESSIONS
Mr. Cole provided an update on the 2004-2005 state legislative report that included the passage
of Proposition lA and an overview of the state budget and California Performance Review. He
also spoke about the key issues facing the Legislature, namely energy, water availability and
scarcity, infrastructure needs, protection of Proposition 42 (infrastructure and transportation
dollars), pensions, gaming, and high school exit exams.
CONSENT CALENDAR
(Items 1 through 6)
Mayor Padilla announced that Item 6 would be removed ITom the Consent Calendar and
continued to a future date. No action was taken on this item.
1. APPROVAL OF MINUTES of the Regular Meetings of October 12 and October 19,
2004, and the Special Meeting of October 19, 2004.
Staff recommendation: Council approve the minutes.
2A. ORDINANCE NO. 2987, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC (SDG&E), ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN
AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING
AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL
PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC
STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA (SECOND
READING)
B. ORDINANCE NO. 2988, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC (SDG&E), ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIN, AND
USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING
NATURAL GAS TO THE PUBLIC FOR ANY AND ALL PURPOSES UNDER,
ALONG, ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS THE
SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA
(SECOND READING)
Page 2 - Council Minutes November 16, 2004
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CONSENT CALENDAR (Continued)
The City and San Diego Gas & Electric have concluded negotiations and the City
Council approved a Memorandum of Understanding outlining the benefits established
through those negotiations. A draft of the electricity and gas ITanchise agreements
detailing the terms and conditions of the proposed ITanchises was presented to Council on
October 26,2004. Adoption of the ordinances grants the ITanchises to San Diego Gas &
Electric. These ordinances were introduced November 9, 2004. (Director of
Conservation and Environmental Services)
Staff recommendation: Council adopt the resolutions.
3A. RESOLUTION NO. 2004-359, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE
UNCLASSIFIED AT-WILL POSITION TO THE HUMAN RESOURCES
DEPARTMENT AND APPROPRIATING FUNDS THEREFOR
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS, TO ADD THE
POSITION OF HUMAN RESOURCES OPERATIONS MANAGER (FIRST
READING)
Adoption of the resolution and ordinance approves the addition of a key managerial
position to the Human Resources Department, which will allow staff to conduct day-to-
day operations in a more efficient and effective manner, authorizes the reinstatement of
the unclassified, senior management, at-will position of Human Resources Operations
Manager, and appropriates funds therefor. Chula Vista Charter Section 500 requires that
all unclassified positions not mentioned specifically in the section be added by ordinance.
(Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
4. RESOLUTION NO. 2004-360, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF SAN MIGUEL
RANCH PLANNING AREA "A", CHULA VISTA TRACT NO. 99-04 AND THE
ASSOCIATED IMPROVEMENT AGREEMENTS
San Miguel Ranch Planning Area "A" is comprised of 120 condominium units located
east of the intersection of Proctor Valley Road and Mount Miguel Road. The tentative
map was approved February 29, 2000, and amended on December 17, 2001. Adoption of
the resolution approves the fmal map and associated improvement agreements. (Director
of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes November 16, 2004
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CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2004-361, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
T.C. CONSTRUCTION COMPANY, INC. FOR THE PROVISION OF SERVICES
REQUIRED TO DESIGN AND CONSTRUCT THE POGGI CANYON TRUNK
SEWERlUPGRADE OF REACH 205 (PROJECT SW226), AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The Council previously approved Project No. SW-226, which involves the construction
of a trunk sewer line that upgrades Reach 205 of the Poggi Canyon Trunk Sewer.
Adoption of the resolution awards T.C. Construction Company, Inc. a Design Build
agreement for this project. (Director of General Services)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY
I
I CITY CLERK POSITION TO THE CITY CLERK'S OFFICE AND APPROPRIATING
I
I FUNDS THEREFOR (4/5THS VOTE REQUIRED)
Adoption of the resolution authorizes the addition of a Senior Deputy City Clerk position
in order to allow the City Clerk's Office to successfully carry out its current and long-
term work programs and goals and appropriates funds therefor. (City Clerk)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent
Calendar Items 1 through 5, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
ACTION ITEMS
7. CONSIDERATION OF THE RENAMING OF FRIENDSHIP PARK TO WILL T.
HYDE FRIENDSHIP PARK
. In January 2004, former Mayor and long time activist Will T. Hyde passed away. In
mid-2004, the Council formed a committee, which includes Deputy Mayor Salas and
Councilmember McCann, to establish a fitting memorial to Mr. Hyde. After a number of
months of discussion, the committee has decided to ask the City to change the name of
Friendship Park to Will T. Hyde Friendship Park. (Assistant City Manager Palmer,
Director of Public Works)
Page 4 - Council Minutes November 16, 2004
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ACTION ITEMS (Continued)
Counci1member Rindone stated that he would abstaining ITom discussion and voting on Item 7,
since he owns property located within 500 feet of Friendship Park. He then left the dais at 6:47
p.m.
Deputy Mayor Salas stated that it was the unanimous consensus of the committee to rename the
park to Will T. Hyde Friendship Park, and that a monument would be forthcoming at a future
date.
Councilmember McCann expressed the need to continue to work towards creating a memorial
for Mayor Hyde. He also recognized the members of the memorial committee.
Sandy Duncan, representing Crossroads II, stated that it was fitting to rename the park after
Mayor Hyde, who was dedicated to preserving open space and parkland in the City, and who
fought to keep Friendship Park ITom being eliminated to make way for the new Police facility.
Ms. Duncan then read a quote ITom former CouncilmemberGregg Cox, who served on the
Council with Mayor Hyde. She was hopeful that an appropriate monument would be chosen and
placed in the park to honor Will T. Hyde.
Patricia Aguilar spoke in support ofthe recommendation.
ACTION: Deputy Mayor Salas offered Resolution No. 2004-362, heading read, text waived:
RESOLUTION NO. 2004-362, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA RENAMING
FRIENDSHIP PARK TO WILL T. HYDE FRIENDSHIP PARK
The motion carried 4-0-1, with Councilmember Rindone abstaining due to the
proximity of his property to Friendship Park.
Councilmember Rindone returned to the dais at 6:57 p.m.
8. CONSIDERATION OF APPROVAL OF EXPANSION OF THE SCOPE OF THE
OFFICE OF CULTURAL ARTS, RECLASSIFICATION OF THE EXISTING FUNDS
DEVELOPMENT/STRATEGIC PLAN MANAGER POSITION, AND
APPROPRIATION OF FUNDS FOR THE CREATION OF A CULTURAL ARTS
MASTER PLAN AND FOR CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
Arts and culture are an integral part of the cultural, economic and aesthetic environment
of the Chula Vista community and should be promoted and coordinated by the City in a
manner that creates a favorable image, climate for artistic development, and cultural
awareness. Adoption of the resolution approves the expansion of the scope of the Office
of Cultural Arts, reclassifies the existing Funds Development/Strategic Plan Manager
position to Cultural Arts and Fund Development Manager, and appropriates $125,000 for
the creation of a Cultural Arts Master Plan and enhancement of Chula Vista's Taste of
the Arts festival. (Assistant City Manager Palmer)
Page 5 - Council Minutes November 16, 2004
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ACTION ITEMS (Continued)
Assistant City Manager Palmer briefly introduced the item, and Funds Development/Strategic
Plan Manager Reinhart presented the staff report.
Councilmember Rindone said he was hopeful that an assessment would be made on a specific
lead coordinator position for arts enhancements in elementary and high schools. Assistant City
Manager Palmer responded that staff would continue to work with the school districts.
Councilmember Rindone suggested that an annual arts report be provided to the Council.
Fran Cornell, representing the Chula Vista Cultural Arts Commission, was hopeful that a draft
vision statement would be included in the arts master plan.
John Clingan, representing the Chula Vista Boys and Girls Club, stated that the expansion of
cultural arts in the City would increase involvement opportunities for disadvantaged youth,
particularly those who reside on the west side ofthe City.
Natasha Martinez, representing the Eastlake Company, stated that the company would continue
to provide support to the various arts programs in the City. She commented on an exceptional
proposed master plan and said the Eastlake Company would pledge its support in moving the
proposed plan forward.
Chris Redo, representing the Chula Vista Cultural Arts Commission, believed that the economic
vitality of the community was tied to cultural arts opportunities for its citizens and visitors. He
spoke in support of staff's recommendation.
, Dalouge Smith, representing the San Diego Regional Arts Coalition, also supported the
¡ recommendation, stating the expansion of cultural arts would transform the City into a cultural
!
destination and broaden opportunities for its citizens. He believed the cultural arts master plan
would give guidance to future elected officials and staff to create a legacy for citizens by
cultivating and celebrating the gift of artistic creativity.
Angie Bitscow, representing San Diego Junior Theatre, extended appreciation to the City for its
support of the theatre's satellite location in Chula Vista. She stated that the theatre is currently
working with McMillin Elementary School by introducing drama classes to the students. She
encouraged the Council to support the proposed resolution and was hopeful of continued ties
with the Cultural Arts Commission.
¡
Deputy Mayor Salas requested that the City be more involved in the junior theatre, particularly
with regard to fundraiser events. She stated that she would like to see the City participate fully
next year by supporting the growth and development of cultural arts. She recognized the
strength and talent of the current members of the Cultural Arts Commission and also recognized
Cultural Arts Coordinator Todd and Funds Development/Strategic Plan Manager Reinhart, along
with the support of Assistant City Manager Palmer, for their efforts in promoting cultural arts.
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Page 6 - Council Minutes November 16,2004
ACTION: Deputy Mayor Salas then offered Resolution No. 2004-363, heading read, text
waived:
RESOLUTION NO. 2004-363, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
EXPANSION OF THE SCOPE OF THE OFFICE OF CULTURAL
ARTS AND APPROPRIATING FUNDS FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND FOR THE CREATION OF A
CULTURAL ARTS MASTER PLAN AND ENHANCEMENT FUNDS
FOR CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
The motion carried 5-0.
Deputy Mayor Salas commented that it had been a joy and privilege working with staff and the
commissioners in supporting cultural arts.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
There were none.
10. MAYOR'S REPORTS
There were none.
11. COUNCIL COMMENTS
. Patty Davis:
REPORT REGARDING A PROPOSAL WITHIN THE COUNTY OF
SAN DIEGO TO ALLOW THE STEEL CANYON GOLF COURSE TO
EXTRACT GROUNDWATER FOR IRRIGATION PURPOSES
The proposed project in San Diego County would allow intermittent
groundwater extraction to supply all, or portions of, the water needed to
irrigate the Steel Canyon Golf Course and the common landscaped area
within the residential portion of the development.
Staff recommendation: Council oppose the project and authorize the
Mayor to send a letter to the County of San Diego informing them of the
City's concerns.
Mayor Padilla asked that Council comments be reflected verbatim in the minutes for attachment
to a letter to the County.
Page 7 - Council Minutes November 16, 2004
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COUNCIL COMMENTS (Continued)
Councilmember Davis: "Thank you Mr. Mayor. We also have some staff here to answer any
questions. This was brought to me by some residents of East County concerned that Steele
Canyon Golf Course originally was put in 17 years ago with the prohibition for using ground
water, and that now they've come back to the Board of Supervisors to ask if they can use 600
acre-feet a year of groundwater, which is 196 million gallons of water. I had concerns when I
heard about it, and so I went to our staff to have them look into and give me some answers about
my concerns; but also to the Otay Water District, who now sells them over $500,000 worth of
water a year, and I think that's a concern - the loss of revenue to Otay Water - and Otay Water
has gone on the record as being opposed to this. I was also concerned about Sweetwater
Authority and concerned about Sweetwater Valley River with the loss of water and the
Sweetwater aquifer, because the aquifer is on overdraft. My concern is with the habitat and the
wildlife refuge - and you do have on the dais tonight a supplemental ITom Mendel Stewart from
U.S. Fish and Wildlife that just came in this afternoon to give you some information ITom him
that there is some concern about that - and as the Sweetwater Valley River flows down to the
Sweetwater marsh, that all of the water that is below that level, there is concern about having so
much water removed. So I asked our staff to look at the Environmental Impact Report and come
back and tell me if I was going the wrong way or not. My biggest concern is the taxpayers of
Chula Vista, the people who participate with Otay Water, having their rates go up based on the
operation of Otay Water. The other, Sweetwater Authority, has not come out in opposition.
When I spoke to them, they were more concerned about riparian water rights that exist; being a
water company, that was their major concern. Mine is the habitat and the Sweetwater Valley. I
think that's important, and I think we all, you know, as a realtor I've been there at East County to
sell houses at times; you see houses that are on the market that have lost their wells. To go back
17 years later to ask for using ground water for a golf course seems to be bad public policy to me
and not the direction that we all want to go. Water is such a precious resource, I think we need
to be very careful what we do. So I know there are some speakers here tonight, Mr. Mayor, to
speak about the subject, but my concern about the City of Chula Vista, the Sweetwater Valley
River and the wildlife refuge, the marsh, the possible rising cost to taxpayers who are from the
water provider of Otay Water, had me bring this to you to ask to write a letter to the County
Board of Supervisors to advise them, if we do so take a position, that we oppose this and think
there's some concerns that need to be addressed."
Mayor Padilla noted faxed correspondence on the dais ITom the Fish and Wildlife Service and
California Department of Fish and Game, dated November 15,2004, to Diane Jacob, San Diego
County Board of Supervisors, ITom Mendel Stewart and Donald Chadwick.
William Schwartz, representing Steele Canyon Golf Course, spoke in opposition to staffs
recommendation, stating that the project seeks a limited use of ground water as a supplement to
the Otay Water District water, and only in cases where water is plentiful and available. He stated
that the specific plan approved by the County states that prior to use of ground water for golf
course irrigation, a ground water study shall be prepared and a specific plan amendment shall be
processed. He stated that the ground water study has been completed and that the specific plan
amendment is presently pending before the County. He stated that this is a limited and regulated
use of ground water, and every measure has been taken to ensure that there will be no impacts.
He submitted copies of an agreement between Steele Canyon and the Otay Water District, dated
1989, to indicate that the Otay Water District has required the developer to diligently pursue
seeking groundwater resources because of a concern that it would be unable to provide water for
the golf course for up to four months of every year. He believed that the request by Steele
Canyon would not impact the Otay Water District.
Page 8 - Council Minutes November 16, 2004
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COUNCIL COMMENTS (Continued)
Mayor Padilla: "Thank you very much, Mr. Schwartz, and I appreciate you operating under
constraints. A question for you: the current major use permit the County does currently,
although it's whether there's an application for an exemption, but it explicitly disallows tapping
that ground water draw down for these particular uses, does it not?" Mr. Schwartz responded
that the current major use permit does reflect that, but that it was imposed as a result of the fact
that there was no groundwater study done at the time of approval of the Steel Canyon project,
and that the specific plan does permit the process to move forward to authorize groundwater use
by the County Board of Supervisors.
Mike Mitzel, representing Steel Canyon Golf Course, stated that outside of the ITamework of the
requirements by the County ordinance of fair and equitable use of groundwater users, the
company has devised a plan that utilizes regulated uses of water with a limit of 600 acre-feet,
which would be permissible only when groundwater thresholds are at reasonable levels. He
added that the company also has wells and monitoring requirements that would require a weekly
report of groundwater extractions to be submitted to the County. He added that the company is a
responsible water user, with a state-of-the-art system that manages and maintains the course in
the most efficient way possible. He believed that they are a model for future users in the County
and that the program places the company in the position of being the only limited and monitored
groundwater user in the basin.
Mayor Padilla: "Mr. Mitzel, does your system make use of reclamation or conservation
technologies to reduce the demand of acre-feet for this particular use?" Mr. Mitzel responded
that there is no reclaimed water within the basin to utilize, and that it would go against the
covenant set by Sweetwater. Mayor Padilla: "What about internally at your own site?" Mr.
Mitzel responded that the course was designed in such a way as to capture as much groundwater
as possible that falls within the basin, and that the company takes advantage of every opportunity
to garnish and/or save groundwater.
Councilmember Rindone: "I don't know if it's appropriate for you or Mr. Schwartz, but when
Mr. Schwartz was at the podium, - and if he prefers to answer other than yourself - he had made
the comment that the Otay Water District had opposed this, but he felt that because of the
expansion of the need and so forth, that that probably would not be as deterious to their financial
situation as, at least that's my interpretation of the intent of his comment, as would appear to be,
but I'm perplexed by that comment, because that's solely based on an interpretation, at least in
my opinion, of the fiscal status of the Otay Water District, instead of the supply, which I would
deem would be their primary concern. Do you, would you like to respond to that, or should Mr.
Schwartz respond to that?" Mr. Mitzel requested that Councilmember Rindone repeat his
question. Councilmember Rindone: "I was perplexed, since the Otay Water District has
officially opposed this proposal, why Mr. Schwartz made the comment that he felt that because
of the increased business, it would not be as detrimental to them as perhaps imagined. I was
perplexed by that comment because obviously it's not just the financial considerations, but it
would be the supply of the water, and so I wanted a clarification of that comment." Mr. Mitzel
replied that Steele Canyon has a document that clearly states that it is their commitment, stated
forth by Otay Water Company, to seek alternate sources of water for irrigation. He added that at
a meeting with Otay Water Company executives, Otay Water stated clearly that it has more uses
upcoming within its grid than it can handle with the excess water, and that Steele Canyon
seeking alternative water sources would be beneficial to the basin. He added that the water is
degraded and cannot be utilized for anything other than irrigation. Councilmember Rindone:
"So, that's your assessment ITom talking with the board members ITom Otay Water or staffITom
Otay Water?" Mr. Mitzel responded that the talks occurred with Otay Water staff.
Page 9 - Council Minutes November 16,2004
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COUNCIL COMMENTS (Continued)
Councilmember Davis: "In the letter ITom Otay Water - and I thought you had it in your
packet, but apparently you don't - it says, "the Otay Water District opposes the use of
groundwater for irrigation because it is not consistent with our approved water resources master
plan and master environmental impact report. Moreover, Otay Water District made a significant
investment in the design, construction and maintenance of the water distribution network serving
the golf course and common areas. We estimate lost revenue from this action would be
approximately $550,000 annually in gross revenue, which is currently included in the Otay
Water District's operating budget." And I know Mr. Armando Buelna is here if you have any
questions ITom Otay Water tonight.
Deputy Mayor Salas: "I'm looking at the Loma Del Sol water agreement that was dated in
1989, and at that point, it looks like you were required by the district to look at the alternative
water supply using the groundwater, and then this directive, this letter, which is dated recently, it
seems to be in conflict with this particular agreement, so you know, its like, I think this is a
question maybe better for Armando, because the way that I read it is, this Del Sol agreement is
wanting them to use the groundwater and then this most current letter is in opposition to it. So
there must have been something intervening, something that happened, some policy decision in
between time that caused those kind of conflicting ideas there." Armando Buelna, representing
the Otay Water District, explained that the ponds at the Steele Canyon Golf Course were
envisioned to be filled with potable water, and the groundwater they were looking at would be a
supplement to that potable source. He added that 600 acre-feet is enough water to serve 1,200
homes for a year, and he believed that the request by Steel Canyon to withdraw that much water
from the system would have a significant impact on the district and on its ratepayers.
John Peterson, representing Steele Canyon Golf Course, a registered Geologist and certified
Hydro Geologist, stated that the proposed project has gone through seven years of testing, and he
was confident that a project can be implemented that would mitigate environmental impacts. He
stated that the proposed project is about hydrology and the use of water and the mitigation for
those impacts. He explained that four Hydro Geologists have all determined that this project
mitigates those impacts, and the project meets the requirements of the California Environmental
Quality Act (CEQA) and the County groundwater ordinance. He added that the project has gone
through the process to ensure compliance with applicable state and local environmental
regulations.
Councilmember Davis: "Mr. Peterson, on the report ITom Mendel Stewart from U.S. Fish and
Wildlife, it said that they had used 650 acre-feet of water annually, but apparently they said there
was a mistake in the other golf courses. Rancho San Diego Golf Course said that it actually
draws 1,500 acre-feet of water per year. Did you read that in this report that we got today, that it
wasn't 650, that it was 1,5007" Mr. Peterson replied that he had seen the report and was
surprised by the information, and that a call hadbeen placed to Mr. Idler of Rancho San Diego
Golf Course for clarification of the numbers. Councilmember Davis: "So if he does use 1,500
, versus 650, it sure makes a big difference in the aquifer, too, right?" Mr. Peterson responded
I affirmatively, adding that Rancho San Diego Golf Course has no limitations control on the terms
of its use. Councilmember Davis: "But they've been there a very, very long time, right?" Mr.
. Peterson responded affirmatively, stating that they are operating legally with no controls on
groundwater use.
Page 10 - Council Minutes November 16,2004
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COUNCIL COMMENTS (Continued)
John Henkel, a Jamul resident, stated that a number of area commissions voted unanimously to
oppose the proposal. He stated that Steele Canyon is asking for 100 percent of its water usage,
did not approach the neighbors on the matter, has a self-monitoring system, and is working off
historical wells, and is not willing to guarantee replacement of any wells that may dry up. He
believed that the issue must be addressed in total.
Angel Salazar, a resident of the Steele Canyon neighborhood, expressed concern about those
who are unable to protect themselves, such as woodlands, wildlife, and the future generations of
people. He added that that the eco system is extremely dependent upon water. He also spoke on
behalf of the homeowners in the area who were not notified of the Steel Canyon proposal and
asked the Council to consider the voices of the Valle De Oro Planning Commission,
JamullDulzura Planning Commission, San Diego Planning Commission, and Otay Water
District, who all oppose to the proposal.
Jack Doherty, an El Cajon resident, believed that the proposal would have significant impacts
upon residents in the area, stating that he relies solely on well water for household purposes. He
asked the Council to support the recommendation by staff.
Mayor Padilla: "I'm going to commend Councilmember Davis for your leadership on this issue
and for being so strong about it, and for bringing it to our attention in this manner. After
reviewing all the materials and listening to all the testimony, I can tell you that it's my only
conclusion that this issue is not about hydrology, with all due respect, it's not about a buy-in by
the CEQA provisions to analyze impacts, it's really about public policy in diverting and
allocating a scarce public resource to a private purpose, and whether that's appropriate or not,
and whether or not the impacts of that are appropriate to the region and to this community, it is
clear to me that they are not, so Ms. Davis, I'm going to be very pleased to support your
leadership and your direction on this issue."
Councilmember Davis: "Mr. Mayor, I'd like to move the staff recommendation to send a letter
to the County Board of Supervisors informing them of our opposition to the Steele Canyon
amendment to their major use permit and use of groundwater extraction."
Deputy Mayor Salas: "Mr. Mayor, I will second that, and I also want to express my
appreciation to Councilmember Davis. I know the phrase, think globally but act locally. I'm
really glad that Patty was thinking globally and, no, thinking globally and acting locally."
Councilmember Rindone: "Yes, I too want to commend Councilwoman Davis for her
leadership in this area, because it has become very clear to me that this does impact many of the
residents which we also represent as well, and the issues are too critical not to take opposition to
this proposal, because we must represent them as well, and this would be, I don't think it could
be more clearly stated than the way the Mayor said. So I certainly will have no question to
wholeheartedly support to oppose this project and send that letter, and I think your leadership,
Patty, is appreciated, and thank you very much."
Page II - Council Minutes November 16, 2004
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COUNCIL COMMENTS (ContinuedO
Mayor Padilla: "I would add to that direction, with the consent of the Council, pursuant to our
rules, that the Clerk prepare verbatim minutes, with respect to the Council comments on this
item, to be attached to the letter that I'm directed to send, if that's all right with the members of
the Council. Thank you, Madam Clerk."
ACTION: Councilmember Davis moved to oppose the project and authorize the Mayor to
send a letter to the County of San Diego informing them of the City's concerns
and attaching verbatim minutes with respect to Council comments. The motion
carried 5-0.
Deputy Mayor Salas informed the public of an upcoming Christmas play, La Pastorela de los
Inmigrantes, directed by Chula Vista resident William Virchis, to be held at the Old Globe
Theatre ITom December 10 through December 23, 2004, at a cost of $20.00 per ticket.
Councilmember McCann commended the Council for its presence at the recent Veterans Day
event in Memorial Park. He stated that he and his family attended the "Movies in the
Moonlight" event at Heritage Park last Friday, which was a great event, and he encouraged
families to attend the next movie on Friday, November 19, 2004 at 7:00 p.m. at Heritage Park.
CLOSED SESSION
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GISI5582)
No reportable action was taken on this item.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ACTION: Direction was given to staff and no reportable action was taken.
ADJOURNMENT
At 8:45 p.m., Chair/Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting on
November 17, 2004 at 7:00 p.m., in the Police Department Community Room, and thence to the
Regular Meeting of November 23, 2004, at 6:00 p.m. in the Council Chambers.
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Lorraine Bennett
Deputy City Clerk
Page 12 - Council Minutes November 16, 2004
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