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HomeMy WebLinkAboutcc min 1989/11/21Tuesday, November 21, 1989 Council Chambers 6:00 p.m. Public Services Building MINLrFES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA CALL TO ORDER 1. ROLL C. ATJ,~ PRESENT: Mayor Cox; Councilmembers Malcolm, McCandliss, Moore and Nader ALSO PRESENT: City Manager, John D. Goss; City Attomey, Thomas J. Harron, and City Clerk, Beverly A. Authelet 2. pI.RI'~GE OF ~I J.RGIANCE TO THE FLAG, SILRNT PRAYER 3. APPROVAL OF MINUTES: November 13, 1989 and November 14, 1989 MSUC (Cox/Nader) to approve the minutes of November 13, and November 14, 1989 as presented. 4. SPECIAL ORDERS OF THE DAY: 4a. Selection of Mayor Pro Temp - MSC 0VIalcolrn/Nader) to select Councilwoman Gayle McCandliss as Mayor Pro Temp. (McCandliss abstained from voting.) 4b. Recognition of Vice Mayor Tim Nader - Mayor Cox presented Councilman Nader with a pen set on behalf of the Council and stated that it had been a pleasure to serve with him during his term as Vice Mayor. 4c. Status Report on Route 54/Interstate 5 Project - Boyd Moore, Senior Resident Engineer/Caltrans - Mr. Moore stated that the project was scheduled for completion in the spring of 1992. He stated that the project originally started with the cooperative efforts of the Corps of Engineers and Caltrans. Stage 4 of the project is Calltans portion and it is hoped that the channel will be completed by next fall or winter. Mayor Cox stated that he looked forward to the completion of the project as it had a long history. 4d. Oath of Office, Michael Johnson, Chula Vista's Resource Conservation Commission - Oath of Office was administered by City Clerk Authelet and certificate presented by Councilwoman McCandliss. Mayor Cox welcomed Mr. Johnson to the Resource Conservation Commission and stated that the Council looked forward to working with him in the future. M/NUTBS -2- November 21, 1989 4e. City Manager Goss informed the Council and audience that the City of Chula Vista had returned the softball trophy to the City with a 16-2 win over National City at the tournament. If ~ were to be given, it would go to Mr. Duane Bazzel. CONSENT CAI.FNI)AR Citems pulled: 19 & 22) Councilman Malcolm stated that Father John G. Proctor would not be able to attend and requested that item 5b. be continued to December 5, 1989. Mayor Cox noted that item 20 would be continued to December 12, 1989 and item 21 would be continued to December 5, 1989. COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CAI.FNDAP,, the reading of the texts was waived by unanimous consent, passed and approved. 5. WRrl iP.l~ COMMUNICATIONS: 5a. Consideration of eighth amendment to the Joint Powers Agreement San Diego Association of Governments - Recommended that the various documents submitted by SANDAG regarding an appropriate organization structure for cooperative approach to regional growth management be referred to staff for review with a subsequent report and recommendation on the various documents back to the City Council sometime during the month of December. 5b. Considerati~n~fwaivingDevd~pmanta~~mpactFeesinthe~~ns~xucti~n~fnewchurchbui~din~s~ (Father) John G. Proctor, Jr., Pastor, Corpus Christi Catholic Parish, P.O. Box 1349, Bonita - Recommenda- tion that the previous action of the City Council remain the policy of the City - continued to December 5, 1989. 5c. Request to adopt policy reso]ution authorizing fl~e use of a secured agreement in ]ieu of fee deposit required -G. Don Lindberg, 280 "K~ Street #28, Chula Vista - Recommended, inasmuch as City has not completed study of the suggestion, the City Council not adopt Mr. Lindber~s suggested policy resolution at this time. 6. ORDINANCE 2341 ADOPTING THE UNIFORM BUILDING CODE, 1988 EDITION (first reading) l:~.c ? - adoption is in conformance with City Council Policy 500-04 establishing Uniform Building Regulations. (Director of Building and Housing) 7. ORDINANCE 2342 ADOPTING THE UNIFORM MECHANICAL CODE, 1988 EDITION (first reading) - adoption is in conformance with City Council Policy 500-04 establishing Uniform Building Regulations. (Director of Building and Housing) 8. ORDINANCE 2343 ADOPTING THE UNIFORM PLUMBING CODE, 1988 EDITION (first reading) - adoption is in conformance with City Council Policy 500-04 establishing Uniform Building Regulations. (Director of Building and Housing) MINUTES -3- November 21, 1989 9. ORDINANCE 2344 ADOPTING THE UNIFORM HOUSING CODE, 1988 EDITION (first reading) - adoption is in conformance with City Council Policy 500-04 establishing Uniform Building Regulations. (Director of Building and Housing) 1 O. RESOLUTION 15398 APPROVING THE AGREEMENT WITH VISIONS FOR DESIGN DEVELOP- MENT CONb-iRLICTION DOCUMENT DEVELOPMENT AND RELATED SERVICES FOR THE NORMAN PARK RENOVATION - approval of a new contract with architect for preparation of revised construction documents and related services. (Director of Parks and Recreation) 11. RESOLUTION 15399 RKtlFYING AGIIEF. MENT FOR AUTOMATIC AID AND CONTRACT FIRE SERVICES WITH THE BONITA-SUNNYSIDE FIRE PROTECTION DI~-tK[CT AND AUTHORIZING EXPENDITURE OF FUNDS - three year phase out of existing contract. (Assistant City Manager) 12. RESOLUTION 15400 ACCEPTING GRANTS OF EASEMENT FOR STREET ~ PURPOSES ALONG TOBIAS DRIVE, SOUTH OF OXFORD STREET - condition of approval for Tentative Parcel Map 89- 5 that owner grant City an easement for street tree planting and maintenance purposes. (Director of Public Works) 13. RESOLUTION 15401 ACCEFHNG GRANTS OF EASEMEbrF FOR S'I'REET TREE PURIK)SES FROM ANTONIO AND ENRIQUETA BERNAL AND RUBEN AND DELFINA HURTADO - condition of approval of Tentative Parcel Map that developer grant City an easement for street tree purposes. (Director of Public Works) RESOLUTION 1S402 ACCEPTING GRANTS OF E,s~_aMF-A~ FOR b-tF, EET PURPOSES, DEDICATING SAD ~-iKEETS TO PUBLIC USE AND OFFICIALLY NAMING SAD ~'I'REETS "SPRUCE ROAD" AND "SYCAMORE DRIVE" - condition of approval of Tentative Parcel Map that developer offer to dedicate real property on Spruce Road and Sycamore Drive. (Director of Public Works) 14. RESOLIYflON 15403 AUTHORIZING PUBLIC WORKS/CA'tY ENGINEER TO ACT AS THE AGENT i:. L..,- ~' FOR THE CITY OF CHULA VISTA FOR THE PURPOSE OF ACCEPTING REIMBURSEMENT OF FUNDS FROM THE OFFICE OF EMERGENCY SERVICES FOR WIND DAMAGE THAT OCCURRED IN JANUARY, 1988 - to obtain reimbursement funds from the State of Calffomia for wind damage that occurred in January 1988. (Director of Public Works) 15. RESOLUTION 1S404 ACI~j>TING GRANT OF EASEMENT FOR STREET PURPOSES AND NAMING SAID RIGHT OF WAY THIRD AVENUE - (Director of Public Works) RESOLUTION 1S40S ACCEPTING GRANT OF EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF THE PROPERTY AT THE NORTHEAST CORNER OF THIRD AVENUE AND ORANGE AVENUES 16. RESOLDTION 15406 ACCEFHNG PUBLIC IMPROVEMENTS, ~ BUSINESS (~NIEK UNIT ': "~~ I - EastLake Development Company has completed the requirements for public improvements. (Director of Public Works) MINUTES -4- November 21, 1989 17. RESOLUTION 1.5407 APPROVING ~AL OF DEFERRED COMPENSATION PLAN: '- - T' / AGRI~I~MENT ~ GREAT WEb'HY~RN BANK -current three year agreement expires December 1, 1989. (Director of Finance) 18. RF. PORT REPORT ON CHULA VISTA CHAMBER OF COMMF. RCEREQUEST FOR THE PURCHASE OF RADIO TRANSMITlING EQUIPMENT - radio stations would be used by Chamber for disseminating general information to travellers and Chula Vista residents. (Deputy City Manager) 19. REPORT PLACING PUBLIC SERVIC~ ADVERTISEMENT ON EXTERIOR OF CHULA VISTA TRANSIT BUSES -program for implementing exterior ads on CVT buses. (Director of Public Works) - Pulled from Consent Calendar RESOLUTION 15408 APPROPRIATING FUNDS FOR PUBLIC SERVICE ADVERTISEMENTS ON EXTERIOR OF CHULA VISTA TRANSIT BUSES 20. REPORT CONSIDERATION OF CLOSURE OF COUNTRY CLUB DRIVE AT 15~-~q FIRST AVENUE - (Director of Public Works) - Continued to December 12, 1989. 21. REPORT ON FF~CE ENCROA(2-1MENT INTO OPEN SPACE ADJACENT TO l ~ ) "5' 758 CASSIA PLACE - in response to a citizen complaint regarding the construction of a six foot high chain link fence in the City's Open Space Lot - (Director of Public Works) - Continued to December 5, 1989 22. REPORT ESTABLISI-RNG ENFORCEMENT AND IMPLEMENTATION ~ ,~ ..~ FOR THE DRUG ABATEMENT ORDINANCE FOR RENTAL HOUSING -ordinance adopted on 10/17/89 establishing enforcement and implementation for drug abatement in rental housing. (Director of Public Safety/City Attorney) - Pulled from Consent Calendar * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANcF_q 23. PUBLIC HEARING CONSIDERATION OF FINAL SUPPLEMENTAL ENVIRONMENTAL / ~:. IMPACT REPORT, EIR 89-9, ~ Ill/OLYMPIC TRAINING CENTER (Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. Mayor Cox stated the public hearings for the EastLake Ill/Olympic Training Center would be combined. Mr. Bud Grey, City Consultant, stated that there were three basic components of the EastLake III project. The project consists of 1,030 acres, 1835 dwelling units, 102 industrial acres, 33 commercial acres, 150 acre Olympic Training Center, parks, schools and open space. He noted these would have normally come before the Council after the development of Greens and Trails of EastLake II but that this was brought forward as an overall plan at this time to fac~itate the annexation site for the olympic ttaining center. Mr. Grey then highlighted the major features of the project. He advised the Councfi that the project MINUTES -5- November 21, 1989 created a sense of place and identity with the creation of the olympic training center and that the staff recommended approval of the General Development Plan and General Plan amendment. Ms. Janie Munoz, representing ERC, then gave a synopsis of the Environmental Impact Report conducted for the EastLake IIl project. Mr. Hal Rosenberg, Traffic Engineer, gave a presentation on the traffic impacts the project would create. He stated the development will be built in concert with the transportation phasing project which is divided into eleven increments. EastLake IIl begins development at increment four, the Olympic Training Center will be before that. At the end of element five, State Route 125 will be required before entering element six. Mr. George Y, rempl, Deputy City Manager, stated that the major issues were economic, density, commercial, open space, traffic and whether the project was growth inducing. He noted the report from the City staff and an independent consultant evaluated the EastLake development to see ff EastLake was trying to leverage the olympic training center donation in order to obtain a windfall. The study shows a loss to EastLake if they develop the Olympic Training Center site to target density of Scenario 4 of the General Development Plan rather than donating land. Staff feels the study was well done ut~izing the information available. Density comparisons for Scenario 4 of the General Plan versus the proposed EastLake Plan were as follows: Scenario 4 - 1817, EastLake proposal #1 - 2002, EastLake proposal #2 - 1835 and final proposal and staff recommendation - 1817 units. Staff felt that due to the public benefit of the olympic training center it was reasonable to consider target to maximum range and that staff would not recommend anything higher. Commercial development was a key issue of the Planning Commission in relation to the residential. It was difficult to assess, as there has not been an olympic training center built from the ground up for comparison. He stated that the staff was excited about the project and felt the conference center was an excellent addition, and ff the OTC site had been larger, the San Diego Sports Foundation may have considered it for inclusion. Staff suggested that condition #18 be reviewed at the time of SPA plan submittal and that the applicant shall provide evidence that the visitor serving commercial uses should be truly related and supportive of the functions of the OTC and should protect the open space system. The arrangement of uses could be modified at that time. The Planning Commission also felt the open space system was a key to the General Plan and used the word sacrosanct in their comments. Precise measurement of the open space system is not defined but there appears to be a shortfall of 9.1 acres in total. Appropriate mitigation to rectify would be condition #17 which states that open space on EastLake Ill shall remain equal to or greater than in the General Plan. Mandating by condition, the shortfall will be added back into the plan. The conference center intrudes into the open space at this time but the main intent is to protect the integrity of the overall open space system. He stated that he did not have any disagreement with factual information presented regarding traffic and traffic densities but indicated that the traffic circulation system was designed within the General Plan, Scenario #4, which was designed at buildout of General Plan not at target density. The design is conservative at maximum density of the General Plan and meant to function as such with level of service C in conformance with threshold standards. Staff is also concerned regarding the safety factor and is not advocating all developments be developed at maximum end of the range but that certain pockets of development are justified and if developed as such, the traffic circulation system is adequate. MINIJTES -6- November 21, 1989 Regarding growth inducement, staff supports the idea of the olympic training center. He further stated that the development has drawn back density and the land use plan is intact to the north and has protected the General Plan. Staff does not feel that precedent will be set for other developments. Councilman Malcolm recommended that the pubic be allowed to speak before Council, due to the lateness of the evening. Mayor Cox stated he appreciated the concern but felt that most everyone in the audience had stayed for this item. Councilman Nader questioned whether the air quality impacts would actually be less with this proposal than under the unamended General Plan. Mr. Krempl stated that was correct. Councilman Nader questioned the air quality mitigation measures and stated that there was no discussion of mitigation measures such as distances necessitating driving, etc. Ms. Munoz stated that there was discussion of basic tactics for mitigation of air quality. Councilman Nader then questioned traffic flow noting that traffic level of service was D on a stretch of Telegraph Canyon Road. He inquired whether possible mitigation would lower this to level C and ff so, were the mitigation measures required. Mr. Rosenburg stated that this was not singled out to mitigate but could be looked at during the subdivision process and plan processing. Councilman Nader stated he would expect to put certain conditions on the tentative map to assure compliance with the City's threshold ordinance requiring level C. He questioned whether approval of the recommendations of staff tonight would be with the understanding that any tentative map granted under the General Plan amendment would be with these conditions or not granted. Mr. Rosenberg stated that Councilman Nader was correct. Councilman Nader then questioned ff public safety needs would be paid by the developer and ff the development would continue to support the permanent facilities and staff. Mr. Krempl stated that the facilities would be paid by the developer and that the fiscal analysis in the EIR indicated that the development would support the public safety staff. Councilwoman McCandliss questioned the EIR and the statement that most school children would not be from families of the athletes. Ms. Munoz stated that the children would be from the families of the support staff and trainers for the facility. Councilwoman McCandliss stated the whole reason for the residential units adjacent to the olympic training center was for families locating here. Ms. Munoz stated the athletes would be training for short periods of time and the residential units south of Orange Avenue would be required for support staff. MINUTES -7- November 21, 1989 Councilwoman McCandliss stated she felt there should be more discussion on this item as she had been told the athletes would be relocating. Ms. Munoz stated this will be included in the SPA plan EIR which is currently underway for the olympic training center. She further stated the figures for student generation were based on the highest generated scale which is used by the school districts. Councilwoman McCandliss stated she was not sure worse case was accurate if not using the athletes. Ms. Munoz stated that the figures were per residential unit. Councilwoman McCandliss stated that she was not satisfied with the response regarding the impact of SR 125. She also expressed her concern regarding the commercial acreage and stated that EastLake should not be given more acreage than required or defined. She questioned the condition requiring the developer to bring back and defend commercial usage, then questioned staff as to how this would be evaluated if commercial was accepted. Mr. Krempl stated that staff would look at actual uses and evaluate whether the uses were a true complement to the olympic training center and they would also rely on the San Diego Sports Foundation and the Olympic Training Foundation and the athletes. He also stated that there should be further economic marketing analysis to make sure the commercial was being supported by the olympic training center and not the residential areas. Mayor Cox questioned the traffic trips generated by the olympic training center as included in the EIR. Mr. Rosenberg stated the impact was 100 trips per acre which was 15,000 total trips. Mayor Cox questioned whether the figures had been significantly rermed. Mr. Rosenberg stated that they had been reduced to 33 trips per acre and 5,000 total trips. Mayor Cox stated that the reduction from 15,000 to 5,000 was a significant drop regarding impact on trip generation on major thoroughfares. Councilwoman McCandliss questioned the change. Mr. Rosenberg stated there was no trip information locally on an olympic training center but that staff was convinced by other reports and studies that the estimates were extremely high. He did not feel they could justify their previous figures. Counc~man Malcolm noted as a comparison the usage of 100 traffic trips per acre included in the report by SANDAG for the Otay Mesa Induswial Land. Mr. Bob Santos, representing EastLake Development Company and project applicant, stated they supported the staff recommendations and felt EastLake had responded to the issues and concerns as express regarding the project. He stated that he had a group presentation he hoped would address any additional concerns. Mr. Kent Aden, Vice President of Community Development for EastLake, gave a presentation highlighting the key areas and benefits of the EastLake III development plan. Mr. Santos stated the EastLake project had been a lengthy process and felt they had addressed the community concerns and was surprised that EastLake III and olympic training center were in a state of MINUTES -8- November 21, 1989 jeopardy. He further stated that after meeting with the community they had identified plan changes and felt they were good faith responses. The proposed changes were: 1. Size and location of commercial areas - proposed total commercial acreage reduced by 18% across the board. Certain commercial uses will be shifted from the easterly parcels to the westerly parcels and other uses will be shifted to other commercial areas within the EastLake project. 2. Commercial uses in the easterly area will be limited to public serving uses which include conference center, free dining, and open space. The eight acres of commercial removed has been replaced by five acres of public park and three acres of open space. It was felt this was the proper location to facilitate public participation and access for possible parks, scenic overview, amphitheater, way station facilities to extensive trail linkages up and down green belt corridor, native interpretative center and picnic facilities. 3. Sensitivity of easterly parcel and relationship to the green belt is of major concern and proposed this area be designated as a Special Plan Area. Special guidelines and design standards should be developed to insure compatibility and consistency with green belt functions and insure public access. 4. Proposed a special task force to be formed in the near future to advise the staff and Planning Commission regarding design guidelines and standards in the Special Plan Area in order to protect the integrity of the green belt. The task force should be appointed by the City Counc~. 5. Westerly commercial parcel adjacent to the olympic training center - shiR certain commercial from easterly parcel to westerly parcel. Reduce high density residential by fifty dwelling units which would reduce over densing and fully conform with the Chula Vista General Plan. 6. Revise Condition #17 of the staff report to include a f~xed number. Total parks and open space areas do exceed current General Plan requirements. EastLake felt this was responsive to the concerns expressed and stated that he felt it was a good faith effort. 7. Regarding traffic generation, he stated they were based on assumptions and presented a table which reflected actual General Plan assumptions. The new proposal reduces incremental increase to 14.9% from the original 20%. The olympic training center SPA EIR traffic studies indicate a trip generation reduction of 2/3rds. New traffic generation will be 7% less than assumed in the General Plan Scenario #4 as adopted. He stated there was a misconception regarding EastLake receiving a windfall. He further stated that an independent report will vindicate EastLake and show that they will be disadvantaged and noted that EastLake feels the report is understated. He summarized by saying that EastLake feels this is a good plan and that while in planning they received a major award for planning excellence. He stated the plan deserved the suppor~ of the City Council and the community and requested unanimous approval in order to proceed with a project everyone could be proud of. Councilwoman McCandliss questioned the phasing if housing adjacent to the olympic training center across Orange Avenue was designed to support olympic athletes. Mr. Santos stated that he assumed Councilwoman McCandliss was referring to the high density units incorporated south of Orange Avenue and stated there was a need for short term accommodations for coaches, trainers, etc. MIN'LrII~S -9- November 21, 1989 Councilwoman McCandliss questioned whether the medium density units across from Orange Avenue would support the olympic training center. Mr. Santos stated they would probably support the olympic training center but that it was not prLmary. It was hoped all areas would support the center and that EastLake was providing pre-purchase opportunities to those associated with the olympic training center. Mr. John Riess, 3579 Lomacitas, Bonita, California, was not in the audience when called forward by Mayor Cox. Mr. Dave Nielsen, 1904 Hotel Circle North, San Diego, California, Executive Vice President of the San Diego Sports Training Foundation stated that City leadership sold itself to the Olympic Committee. He stated the center would provide a wholesome training atmosphere and felt the Committee had been honest in their representation of the center. He then listed the following points he felt were of major consideration at this time: 1. Scheduling continues to be important. If issues were resolved at this meeting, annexation hearing could be set for January with the breaking of ground in the spring. 2. It would be impossible to separate the olympic training center from the surrounding land uses. They have to have the ability to finance facilities and get infrastructure across to the olympic training center site. EastLake III should be considered as a single unit. 3. The conference center and commercial area are desirable and compatible to meet the demands generated by the center and only makes sense - this has been confirmed in conversations with the athletes. Councilwoman McCandliss noted the letter in the Council packet which stated that the original concept for the training center was a rural environment so that the athletes would not be distracted. Mr. Nielsen stated that he had not seen the letter. The concept was to have a rural open campus atmosphere. He felt that the project as proposed met the demands generated and offered balance. Councilwoman McCandliss stated that it had been proposed to cut off traffic and close the olympic training center to visitors and tours. Mr. Nielsen stated that one of the reasons for success of the Olympic Training Program was the American people. Depriving access would be shortsighted and people would still come. He felt the plan as designed would create minimal impact on training and the community. He stated the athletes felt training was a drag and welcomed tourists. He also noted that visitors spend money which would generate revenues for the City and noted the center would cost approximately $5 million in new money. Maura Grimes, 9995 Red Rock Ct., San Diego, California, stated that she was a former 1976 olympian and supported the olympic training center. Bill Tomey, 12949 Caminita Deltanto, Del Mar, California, stated that he was a former 1968 olympian and supported the olympic training center. Ron Cox, 233 Fourth Avenue, Chula Vista, President of the Chula Vista Chamber of Commerce read the following letter into the record: "On November 20, 1989, the Chula Vista Chamber of Commerce Board of Directors held a special meeting at my request to discuss a special issue with high economic potential with EastLake Developers about their Phase III General Development Plan. MINUTES -10- November 21, 1989 "Before I give you the results of our meeting I wold like to bziefiy review the Chamber's cornmiunent to the City of Chula Vista. "Established in 1924, the Chamber has worked very hard to assist with the molding of our city into a balanced economic base for growth and progress. Our history of successful endeavors as a working partner with the residents and the city is one to be proud of. ~Sixty Presidents have stood before Chula Vista City Councils and represented the business community. Our efforts have always been governed by our mission to promote economic stability and to preserve a working partnerships benseen businesses and government. "Our Chamber membership has changed over the past years and currently we represent businesses with a workforce of 25,000 employees. "Early this year the Chamber endorsed the proposal of the Olympic Training Center and the plan to have a commercial component in the center. Through the generous contributions of EastLake Developers we are getting very close to having an opportunity to make an international statement of progress for Chula Vista. "Not more than three years ago when we annexed the Montgomery area we became the fastest growing city in California. We must realize we are again the center of attention but now on an International level. "At our special meeting of the Chula Vista Chamber of Commerce Board of Directors we supported unanimously the EastLake llI General Development Plan. Over the past 6 years only a few special meel~ngs have been called so we want you to realize how important we feel this development is to the economic well being of our city. "We believe the General Development Plan is consistent with EastLake III amendment to the General Plan. Lets not forget that this plan brings: 1. higher education and cultural activities, 2. public parks, 3. greater level of youth participation, and 4. community activities. "It is important to note the olympic center must have retail, visitor and commercial capabilities and these capabilities must be large enough to address future needs. No one knows what the future holds but lets not miss the economic growth opportunity this development brings to the city and the opportunity to make that international statement. "Lets join in a parmership of blending residents, businesses and the olympic training center into a city we can all be proud of. Dr. Mike Saltzstein, General Chairman for San Diego/Imperial County Swimming, supported the olympic training center. Norman R. Allenby, 3222 Quimby, San Diego, California, President of the San Diego Rowing Council, supported the olympic training center. Jennifer Helton, 351 Quail Place, Chula Vista, California, Senior Athletes Representative for San Diego/Imperial County Swimming, supported the olympic training center. PaUicia Castro, 9 Prospect Center, Chnla Vista, California, parent representing Chula Vista Aquatic Association, supported the olympic training center. MINUTES -11- November 21, 1989 Randall Burgess, 1100 Adella Avenue, Coronado, Califomia, teacher and coach at Coronado High School, supported the olympic training center. Tom Paradowski, 2626 East 15th Street, Chula Vista, swimming coach in National City, supported the olympic training center. Jim Wags, P.O. Box 99, Del Mar, California, standing in for Carol Wags, supported the olympic training center. Kelly Riekon, 3120 Goldsmith Street, 1984 former Olympian, supported the olympic training center. Mr. Anthony Trnjillo was not present when called forward by Mayor Cox. Mr. Will Hyde, 803 Vista Way, Chula Vista, California, representing Crossroads gave a brief presentation and spoke in opposition to the EastLake III Development Plan and stated they were not in opposition to the olympic training center. Councilman Nader questioned whether Mr. Hyde had received the proposal submitted by Mr. Santos. He further stated that he had the same concerns of the Planning Commission regarding the encroachment into the green belt and questioned whether Mr. Hyde felt this issue had been properly addressed. Mr. Hyde stated he was speaking for himself and not for Crossroads and that the new proposal addressed many of the concerns but not enough. He noted that a case could be made for some commercial services but they should be limited to absolute minimum and designed to senrice the needs of the users and athletes and should not be a visitors attraction commercial center. Allowed should be only the minimum amount of commercial required to meet the essential needs of the olympic training center. Councilman Nader stated that he felt the Study Area was appropriate and felt that specific construction of developments should go through an approval process a little more specific or a design review process. Mr. Hyde agreed with Mr. Santos and felt it appropriate to establish a special task force and felt a good package would result. Councilman Nader questioned whether Mr. Hyde would agree with referring back to the Planning Commission rather than designating a separate task force. Mr. Hyde stated that he had great respect for the Planning Commission and agreed to whatever was most effective and expeditious. Councilman Malcolm thanked Mr. Hyde and Crossroads for taking immediate action in meeting with EastLake in order to obtain the facts regarding the project. Mr. John Riess, 3579 Lomatitas, Bonita, California, representing the U.S. Swimming and aquatics program, spoke in support of the olympic training center. There being no further public testimony, the hearing was closed. RESOLUTION 15409 CER'I1FIq,NG FINAL EIR-89-9, ~ IIL/OLY1VIPIC 'HIAB'4'RqG CE.NTER RESOLUTION 15409 Ol't"g BY MAYOR COX AS READ. MINUTES -12- November 21, 1989 Councilman Malcolm noted that the project had received unanimous approval from the Planning Commission. City Attorney Hatton stated that the Council may want to keep the public hearing open due to the potential that the Council may refer this issue back to the Planning Commission. He stated that the Council was supposed to send any modifications made in the Planning Commission recommendations back to them and that the Council may want to continue to a date certain. Councilman Nader stated he felt the Planning Commission had been too easy on the EIR and too hard on the EastLake project. He stated he had the same air quality problems regarding this EIR and felt it a shame the public couldn't view it in order to assess it. He did not feel that just because these issues were not in the SANDAG forecasts that they shouldn't be assessed in the EIR. He further stated that alternatives should be analyzed and he could not support the EIR. He commented he would like to see EIR's brought before the Council before the approval stage in order for the City to get involved regarding energy and water preserving procedures. Councilman Malcolm stated he did not want to make light of Mr. Nader's concerns but even with shopping within walking distance to homes, people won't walk. There was a need to change Southern Calffornia's idea of travelling alone in an automobile. He stated there was a greater problem than trying to place every home near shopping. Councilman Nader stated ff athletes walked to the commercial areas it would help mitigate air quality and that similar concepts should be looked at in other developments. VOT~ ON RF~SOLUTION 15409, PASSED, 4-1-O WITH COUNCILMAN NADER VOTING NO. Mayor Cox stated that procedurally, as required by ordinance, modifications to the plan or resolutions should be referred back to the Planning Commission and then back to Council for action. He further stated that he looked forward to receiving the recommendations from the Commission. He noted the project was over two years in the making. If there is concern regarding the olympic training center being growth inducing, it will be, and if the Commission is really concerned, they should deny, but he was not recommending that. Benefits to the community can only begin to be imagined. He felt the General Plan was sacrosanct and it should be pointed out that the staff recommendation was consistent with the General Plan. The plan allows development to go from baseline to maximum end and this project, as recommended by staff, is maximum. He noted the plan has provisions which allow for extra ordinary projects and felt this project certainly qualified. Benefits to the community will not be only prestige but will also involve olympic athletes in the community and schools. He noted the extraordinary willingness by EastLake to modify the program and the provision of land for the olympic training center and felt it was above and beyond the call of duty. The independent study and information from staff and consultant confLrmed the olympic training center was not a revenue generator for EastLake and would amount to approximately a $9-10 million loss. MSUC (COX/NADER) to refer back to the Planning Commission with the following conditions: 1. Reduce commercial acreage from 33 acres to 25 acres. 2. Special planning designation be made for design criteria for visitor commercial area - olympic training center dependent land uses on 25 acres. 3. Create a special task force to review and recommend commercial uses allowed. 4. Modify condition #17 to specify at least 159.2 acres of open space. 5. Establish maximum number of dwelling units at 1,767 which is 18 units less than the Eastlake proposal - reduction to be in high density residential. Councilman Nader questioned the difference in reality of the current condition #17 and the proposed. MINUTES -13- November 21, 1989 Mr. Krempl stated that the proposed was just specifying a specific acreage figure. Councilman Nader questioned how much control the City Council would have over specifics if a task force was created. Mr. Krempl stated that Council would have full discretion. Project would require a SPA plan, tentative map and definitive design review. General Plan authorization is only good upon approval of SPA plan. Councilman Nader stated he hoped the Planning Commission concerns were addressed and felt the modifications had satisfied his concerns. He noted commercial uses would be on scale with compatible uses with the green belt and olympic training center. He further stated that the FIR states no growth inducement beyond already planned growth and hoped the Council and Planning Commission would have guts enough to manage growth and that he supported the olympic training center. Councilman Malcolm stated he wished the Planning Commission could have seen the presentation of the new plan and hoped that a different decision would be reached after their review. He stated that several of Mr. Hyde's comments bothered him and that he did not believe that anyone got anything for flee. EastLake was giving 150 acres, $3 million in cash, and agreeing to put in infrastrucuLre and roadways and would not be able to build one home until SR 125 was built. He further stated that EastLake was taking the risk. He felt the City should live within the General Plan and that there had been a lot of misinformation regarding the densities. Regarding commercial, ff it is not located within the development, people will drive across town creating more u'affic trips. He noted that the young people of the community will have role models and he hoped the center would become an attraction. He complimented the staff on doing an excellent job and felt the major proposals were fair. He supported the motion and hoped the Planning Commission would also. Councilman Moore stated that when the olympic training center agreed to locate on the site, the Council refused to stop the General Plan process and agreed to consider an amendment at a later date which they were now doing. He complimented EastLake in their excellence on planning and felt they were a major benefit to the community. He further stated he respected the Planning Commission and relied on their recommendations in past decisions. He felt the staff and developer worked together and with the proposed changes in EastLake III the project now met General Plan criteria. Due to the modifications he felt it was now a better plan and hoped that the Planning Commission would give it unanimous approval. Councilwoman McCandliss stated she believed the plan was now consistent with the General Plan. Bands within the plan allow for development from baseline to maximum and the project now clearly fits within the maximum. She noted even if the olympic training center was placed there alone, the character of the area would be changed and that the commercial uses would be in support of the athletes. The amendment to create a task force to review commercial uses will result in the minimum amount of commercial to support the facility. Housing provided other than low to low medium is adjacent to the olympic training center. She noted the placement of the olympic training center was a benefit to the community and athletes. AMENDMENT TO MOTION BY MCCANDLISS, to require that EastLake General Development Plan approval be contingent upon the transfer of site to the Olympic Training Foundation thirty days after annexation. Amendment approved by Cox/Nader. Councilwoman McCandliss stated she was concerned over the phasing and coordination between EastLake Greens and any development of EastLake III outside of the olympic training center and felt that it was contingent upon the traffic transportation development plan. She further stated she would like to take a closer look at this and possibly develop an agreement or a growth development plan. MINUTES -14- November 21, 1989 Councilman Nader expressed concern over open space conditions and noted that there was a difference in quality. Mr. Krempl stated that these issues are usually considered during SPA plan review. MSUC ON MOTION AND AMENDMENT MODIFICATIONS. MSUC (Cox/Malcolm) to continue the Public Hearing and reschedule item on December 5, 1989 and refer back to the Planning Commission for review on November 29, 1989. Mayor Cox stated that in the time he has served on the City Council there has been no other project that will have such a long term benefit on the community. One other significant event happened 50 years ago when Rohr Industries moved to Chula Vista and they have certainly been an asset to the community. He further stated that he looked forward to December 5th to take action. PUBLIC HEARING CONSIDERATION OF CALIFORNIA ENVIRONMF. NTAL QUALITY ACT - FINDINGS AND STATEMENT OF OVERRIDING CONDITIONS FOR EASTLAKE IV/OLYMPIC ~G CENTER RESOLUTION 15410 ADOPTING CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EIR-89-9, GENERAL DEVELOPMENT PLAN FOR EASTLAKE HI/OLYMPIC TRAINING CENTER PUBLIC HEARING CONSIDERATION OF MITIGATION AND MONITORING PROGRAM FOR/~/r 7? EASTLAKE []/OLYMPIC TRAINING CENTER, RESOLUTION 1,5411 ADOPTING THE MITIGATION AND MONITORING PROGRAM FOR E1R- 89-9, GENERAL DEVELOPMENT PLAN AND EAS/LAKE HI/OLYMPIC TRAINING CENTER PUBLIC HEARING GPA-90-0S/PCZ-90-H/PCM-89-18: CONSIDERATION OF EASTLAKE [] GENERAL PLAN AMENDMENT, PLANNED COMMUNrtY ZONE, AND GENERAL DEVELOPMENT PLAN FOR EASTLAKE HI/OLYMPIC TRAINING ~ LOCATED ON THE WF~-tmlLY SIDE OF UPPER AND LOWER OTAY RESERVOIRS RESOLUTION 1S412 APPROVING THE EASTLAKE HI GENERAL PLAN AMENDMENT ~ ~ · ,, - RESOLUTION 15413 APPROVING THE ~ [] GENERAL DEVELOPMENT PLAN ORDINANCE2345 AMENDING ZONING MAP OR MAPS TO ESTABLISH EASTLAKE HI PLANNED COMMUNITY DISTRICT PREZONING FOR 1030.1 ACRES LOCATED WE~'IP. RLY OF UPPER AND LOWER OTAY LAKES RESERVOIR (first reading) 24. PUBLIC HEARING PCS-89-14: CONSIDERATION OF TENTATIVE SUBDM SION MAP FOR TERRA NOVA, CHULA VISTA TRACT 89-14, LOCATED ON THE NORTH SIDE OF EAST *I-r' 5~REET BETWEF2~ BUENA VISTA DRIVE AND RIDGEBACK ROAD - BEHM COMMUNITIES - (Director of Planning) MINUTES -15- November 21, 1989 PUBLIC HEARING P-90-l: CONSIDERATION OF PRECISE PLAN FOR TERRA NOVA, CHULA VISTA TRACT 89-14 This being the time and place as advertised, Mayor Cox declared the public hearing open. Councilman Malcolm stated that he would abstain from discussion and voting on this item. He stated that his home was further than 200 feet from the proposed project but felt the best way to avoid possible conflict of interest would be to abstain. Councilmembers Nader and Malcolm noted that it was unfortunate that this item was being heard so late in the evening. Mr. Paul Maganelli, Consultant for the City, stated that the proposed project consists of a tentative subdivision map, precise plan, and residential use type change for the development of 126 detached single- family dwellings, 234 condominiums, and two open space lots. Parking is 2/1 and 1 open space per unit. One hundred thirty-two units will be reserved for moderate income buyers. Single family area contains 126 lots on 19.5 acres which is 6.5 dwelling units per acre and the multifamily consists of 234 condominiums on 16.67 acres which is 14.0 dwelling units per acre. The recreation area for single family will be 6/10ths of an acre and the multifamily will be from 1/2 to 7/19ths of an acre. He stated that staff recommended approval with conditions as included in the report. Councilwoman McCandliss stated she recalled that this project had been brought to Council at a worksession for direction and Council had stated that there should be a reduction in total units. Mr. Maganelli stated that the total number of units was unchanged but that lot sizes and open space have been redesigned and amenities added. Councilwoman McCandliss stated that she felt strongly that there needed to be a reduction in units and that the multffamily was higher than the original proposal. Councilman Moore questioned which side of the multifamily unit would be visible from East H Street. Mr. Maganelli stated that there would be a sidewalk with a slope and that all garages for the condominiums were in the front and therefore not visible from H Street. Councilman Moore questioned the parking ratio and the authorization by policy of allowing parking on the street. Mr. Maganelli stated that street parking would be utilized as guest parking. Mr. Steve Hardison, 2835 Camino del Rio, San Diego, Project Manager for Brehm Communities, stated that the Rice Canyon SPA was one of the fucst in the City and that the proposed project was in the immediate center of the SPA and was the only undeveloped area at this time. He noted that this project was considered as an in/ill project with the surrounding areas considered during design. He further stated that he did not feel that it was in the best interest of the City m put 360 of one product in the area. They looked at the open space to the East and tried to respect it also. They have talked twice to the neighbors to the north and feel that they have respected their request for single family versus high density. He noted that the pricing would be affordable with two products and that the project allowed architectural freedom. The recreational areas were almost doubled and include pool, spa, and picnic areas in the single family development. He stated that the project had been approved by the Design Review Committee, Planning Commission and staff and that he had petitions on behalf of the neighbors in support of the project. Councilwoman McCandliss questioned the size of the top lots. MINUTES -16- November 21, 1989 Mr. Steve Griffin, Associate Planner, stated that the lot size was 20' X 25'. Councilwoman McCandliss stated that she did not want to be misunderstood in that she supported the split of multifamily and single farofly but that she felt there was a design problem and felt there should be more open space. Mr. Griff'm stated that the project was within the guidelines for open space within the R3 zoning. There being no further public testimony, the public hearing was dosed. ~LLrFION 15414 APPROVING TENTATIVE SUBDIVISION MAP FOR MONTILLO AND SANIBVJJ~, CI-IULA VISTA TRACT 89-14, AND PRECISE PLAN AND DEVELOPMENT STANDARDS FOR MONTILLO Councilman Moore questioned whether staff had a problem with the split and noted that the roof design was above average. Mr. Leiter stated that the project was visually more intensive but that the usability was greater and that the overall landscaping enhanced the project. He further stated that the roof was tile. RESOLLrrlON 15414 OI, t,~Z) BY MAYOR COX AS READ. Councilman Nader stated that he would vote for the Resolution as per the Planning Commission recommendation. He stated that he felt there was a need within the City for this type of development and this would appear the most logical area. He questioned staff as to whether the back yards were considered as open space. Mr. Leiter stated that they were and that the standards allowed the usage of lawns and balconies. Councilman Nader inquired whether other potential projects would count back yards. Mr. Leitar stated that they could. If the Council desired, Planning Commission regulations could be established. VOTE ON RESOLLrrION 15414 - Councilmembers McCandliss and Moore opposed and Councilman Nader and Mayor Cox approved with Councilman Malcolm absent - motion died. Councilwoman McCandliss stated that she was not prepared to redesign the project during the Council meeting. She stated that she felt the project needed to be redesigned with a look at Planning Commission standards for open space. She noted that she did support the split densities but felt there should be a reduction in the number of units. MCS (McCand]iss/Moore) to have staff work with the developer and ff appropriate bring back to Council. [Malcolm absent) Councilman Moore stated that the project did not seem right and that he could have supported ff the Planning Commission had given sl~onger support. He stated that it was density or intensity. Mr. Bill Hoover, Vice President of Brehm Communities, stated that he was disappointed in the request for density reduction and that ff the project was not located here that it would be needed somewhere else in the City. He advised the Councfi that he was prepared to entertain Council recommendations now. MINUTES -17- November 21, 1989 Councilwoman McCandliss stated that she felt it was appropriate to continue this item and bring back to Council at a later date. City Attorney Harron stated that it would be appropriate. MSC (McCandliss/Moore) that Mr. Hoover should work with staff regarding the reduction of units, which would be more acceptable to the Council, and return on December 12, 1989 for Counc~ review in order to keep the project on path. (Malcolm absent) Counc~man Nader questioned whether this should be reviewed by the Planning Commission. Councilwoman McCandliss stated that if there was sufficient time she would not object. Mayor Cox stated that the Planning Commission had already approved the project and did not feel that they would object to the reduction of units. Councilman Nader questioned whether the housing type would be changed. Councilwoman McCandliss and Mayor Cox stated that they felt the mix was appropriate and that only the number of units would be reviewed. Mayor Cox stated that it was after 10:30 p.m. and called for a motion whether to continue on with the agenda. MSC (Moore/McCandliss) to continue on with the agenda. (Malcolm absent) 25. PUBLIC HEARING GPA-90-O4: CONSH)ERATION OF GENERAL PLAN TASK FORCE'S ~MF_I¢I'S TO LAND USE CONTROL, RESIDENIlAL DENSI'tY AND CLD:>'h~qlNG PROVISIONS - proposed amendments to the General Plan Update are more resU-ictive than existing policy provisions and do not require additional environmental assessment. (Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. Deputy City Manager, George Krempl, stated that this item had been referred to the task force after approval of the General Plan last July and that they had meet weekly and had reached unanimous consensus. The Task Force did a great mount of streamlining, redefined tens, threw out the density bonus provisions, and clarifxed how one moves within residential density bands. He noted that the clustering guidelines are more fLrmly established within tens of what can take place in low density and low medium. He further stated that the Planning Commission had voted unanimous approval and that staff concurred with their recommendation for approval. He stated that subsequent to Planning Commission consideration the question arose as to the ability of Rancho San Miguel's general plan and their ability to provide 5,000 to 6,000 sq. ft. lots and whether it is consistent with the text currently before the Council. Staff had made the determination that it was not consistent and may remain in effect due to interpretation. In discussions with the developer they stated their concerns regarding some of the language to the definition of low density category and clustering in Section 6.3. They felt there was reason for interpretation and ambiguity. Because of these concerns, he stated that staff would recommend approval of Resolution 15415 with the sections regarding low density and clustering being referred back to the Task Force to make language more explicit and clear on the intent. He stated that he felt these items were minor in terms of the total scope of the project. ~NUI~S -18- November 21, 1989 There being no further public testimony, the public hearing was closed. RF..SOLUTION 15415 ADOPTING GPA-90-O4 THB G~NF_.~RAL PLAN TASK FORCES ~MENI~ TO LAND USE CONTROL, RESIDENTIAL DF2q~I-IY AND CLUSTERING PROVISIONS MSC (Cox/Nader) to adopt Resolution 15415 with the sections of low density and clustering being referred back to the Task Force for further clarification. ClVlalcolm absent) Councilman Nadar questioned page 8 of the report which allowed transfer of density from open space area designated in the General Plan. Mr. Krempl stated that the adoption of the General Plan allowed a very low transfer of one dwelling unit per ten acres which would avoid inverse condemation. Counc~man Nader stated that in large land holdings in which a piece had been designated by the General Plan as open space, the owner would not be denied reasonable use of land and therefore there would be no need to transfer. He stated that he had thought the reason for the policy was so that the developer or land owner who gives open space in addition would be allowed transfer of density. Mr. Krempl stated that would be up to City Council discretion and would be consideration for going beyond target. He stated that ff land were to change hands, subsequent sale of property or size and configuration of property were to change, the property could end up an ownership entirely or predominately open space to the extent of no reasonable development of the property. Councfiman Nader stated that ff a property owner sold land that was designated only as open space, the owner would have reason for a lawsuit. He further stated that he saw no reason in allowing transfer from property already designated as open space. Counc~man Nader stated that he would like to see the motion mended to clarify that transfer of density from designated open space in the General Plan would only occur if the designated open space is an owners entire holding so as to avoid inverse condemnation. Mayor Cox stated that since this would be referred back to staff regarding the low density and clustering that this also be included for review. OTHER BUSINESS 26. ORAL COMMUNICATIONS 26a. Hugh Christensen, 376 Center Street #350, Chula Vista, stated that he was opposed to the designation of Center Street to a one way street from Garrett to Fourth. He stated that parking should not be allowed on one way streets. He requested that if the street were to remain one way, it be the other direction which would allow all right hand rams around the shopping center. Mr. Christensen also stated his concern over the vacant lot at 311 F Street and the trash and debris. He stated that the lot was to be paved for parking and enclosures constructed for the dumpsters. He requested that the city expedite these improvements as he felt the current situation was a hazard. MSUC (Cox/McCandliss) that the issue of Garrett and Center Streets be referred back to the Redevelop- ment Agency and that staff address the other problem. MINIfr~S -19- November 23., 1989 26b. Victor A. Nolan, 12 Via Barbetini, Chula Vista, stated that people should get accustomed to the idea of development and that he felt the Council had done a good job in regulating developers. He further stated that expansion of public transportation to new developments would eliminate many of the vehicles on the road. He cited the proposed Olympic Training Center and stated it would be a perfect example. Mayor Cox stated that SANDAG was trying to identify trolley extensions and traffic corridors. He stated that an appointment would be made later in the meeting of a representative to the South Bay Transit Extension Study Advisory Committee. 27. ITEMS pUIJJH3 FROM THE CONSENT C~I.I~.NDAR Item 19.REPORT PLACING PUBLIC 5EKVICE ADVERTISEMENT ON EXTERIOR OF CHULA VISTA TRANSIT BUSES RESOLUT[ON 15408 APPROPRIATING FUNDS FOR PUBLIC SERVIO~ ADVERTI~ ON ~OR OF CHULA VISTA TRANSIT BUSES Mr. Jim Thomson, Deputy City Manager, informed the Council that staff recommended the Resolution not be adopted and that if the Council voted yes, they would approve the staff recommendation and the Resolution would not pass. Councilman Moore stated that he felt special advertising should be placed on the sidewalk side of the buses only. Advertising would be limited to 7 or 8 special events and would be of City design. He felt it important to inform taxpayers of the activities being held in the City. If limited to special events, advertising would only be on the buses for approximately 12 weeks of the year. Councilman Nader questioned whether funds would be better utilized advertising somewhere else. He further questioned whether the staff recommendation was due to cost effectiveness or tackiness. Mr. Thomson stated that there was public information benefit but there was an altruistic tradeoff. He stated that staff felt funds were better utilized in direct mailing. Mr. Mark Cox, Public Information Coordinator, stated that the quarterly reached every house and allowed more information while a bus advertisement was only a quick reminder. MSUC (CoX/McCandliss) to approve staff recommendation. (Resolution denied) Mayor Cox stated that he felt the interior advertising was beneficial and felt that the City had worked hard in overcoming visual blight. Councilman Moore questioned the costs of expanding the quarterly. Mr. Cox informed the Council that the approximate cost of expanding the quarterly and the direct mailing was $29,000 per year. He further stated that there would be no general fund impact due to SCOOT and Redevelopment Agency funds. Councilwoman McCandliss stated that the effectiveness of the quarterly should be analyzed and agreed with the Mayor regarding the elimination of visual blight. She noted that advertising, with proper attention and limited, could possibly be effective. She stated that this project had been going on for a long time and that she felt it was difficult to evaluate due to poor design of signs. MINUTES -20- November 21, 1989 Councilman Moore noted that the quarte~y mailing would not go to apathuents and that he felt there should be feedback on its effectiveness. City Manager Goss stated that this would be the last meeting for Mark Cox as he was leaving the City and that he had done an outstanding job. Item 22.REPORT ESTABLISHING ENFORCEMENT AND IMPIY_I/IF. ISrFATION CRITERIA FOR THE DRUG ABATF, MENT ORDINANCE FOR RENTAL HOUSING Councilman Nader stated that the report contained language which indicated that in order to legally pass on evidence to the property owners, regarding drug activities, which would allow them to initiate eviction proceedings the City must be positive that the evidence is admissable in court. After speaking to the City Attorney, he stated that the language was not drafted by the City Attomey's office and that this statement would not be correct. City Attorney Harron agreed that as long as the City is certain that evidence passed on to the property owner shows that it is more probable than not that drug activity is occurring that the City is justified. This evidence may be inadmissable in court due to any number of technicalities but that it would be no reason to prevent the City from helping the land owner from evicting a drug dealer. MSC 0slader/McCandliss) to adopt the report with the clarification that evidence passed on to the land owner from the City need only meet the standard of establishing probable cause to believe drug dealing activity is taking place and the City need not make its independent determination of the admissability of its evidence in court. Councilwoman McCandliss stated that she was not famifiar with the terms of the legal profession and requested clarification regarding who would make the judgement to pass on evidence to the land owner. City Attorney Harron stated that the police department would submit evidence to the City Attorney's office for a determination and then the City Attorney's office would forward the evidence to the land owner. Mr. Victor A. Nolan questioned why the person dealing drugs would not just be arrested. Councilman Nader and Mayor Cox noted that due to the legal system, many of those arrested are released for various reasons. This action would allow the land owner to abate the problem from the neighbor- hood. 28. CITY' MANAGERS REPORT(S) City Manager Goss stated that Council had been notified of all upcoming meetings. 29. MAYORS REPORT(S) 29a. Mayor Cox informed the Council that the Council Tour was scheduled for December 2, ]?d ~ '~ 1989 at 8:30 a.m. 29b. MSC (Cox/McCandliss) to appoint Councilmember Moore with Councilman Nader as alternate to the South Bay Transit Extension Study Advisory Committee. (Malcolm absent.) MINUTES -21- November 21, 1989 Councilman Moore questioned whether Councilwoman McCandliss would be interested in serving on the Committee. Councilwoman McCandliss replied that she was very interested in the progress of the Committee but that due to time limitations, she would be unable to serve. 29c. Ratification of Commission Appointments: International Friendship Commission: Susan Martin and Diane.._~ Karen Harmata Commission on Aging: Maria O. Scrivener Board of Appeals: Thomas F. Leonard MSC (Cox/Moore) to ratify Commission Appointments. (Malcolm absent.) 29d. Mayor Cox stated that Councilmembers interested in attending the League of California Cities Annual Conference - San Diego County Division Breakfast should get their reservations made. 30. COUNCIL COMMENTS Councilman Moore: 39a. Questioned whether correspondence received by Counc~ from SANDAG was also being received by the City Manager. He also requested that Council receive a copy of responses mailed to SANDAG. City Manager Goss stated that he believed that his office received the same correspondence and that Counc~ would receive copies of responses in the future. Counc~man Moore then stated that he had received a copy of a letter from Mr. Fred L. Bopst, regarding the proposed widening of Otay Valley Road. City Manager Goss stated that he had not received a copy of the letter. Councilman Moore then gave City Manager Goss a copy of the letter. Councilwoman McCandliss: 39b. Stated that she felt it important to schedule approximately fifteen minutes at the first workshop in January to bring the Council up to date on the Otay Task Force. ADJOURNMENT The City Council adjourned to Closed Session at 10:58 p.m. to discuss: Acquisition of the following properties: 4555 Otay Valley Road (Shell Off Co., owner); 4501 Otay Valley Road (Roderick & Patricia Davies, owners); Parcel 624-06027 on Otay Valley Road (Vincent & Margaret Davies, owners); 4705 Otay Valley Road (Jimmie & Judi Shinohara, owners); Parcel 644-040-40 (Walker Scott Properties/South Bay, owner); East H Street -Paseo Del Key and Tierra MINUTES -22- November 21, 1989 Del Rey; Parcel 568-334-05, 336 Church Avenue and 342 Church Avenue (Congregational Church, owners); 338 Church Avenue (R.F. Burlington, owner); and Ziegenfelder vs. the City of Chula Vista, and County vs. Rabin. ADJOURNMENT AT 11:34 p.m. m the next regular Council workshop of November 30, 1989 at 4:00 p.m. in the Council Conference Room. Respectfully submiRed, BEVERLY k AUTHELET, CMC, City Clerk by: Vicki Sode~'~'~rquist~ty~A/~Clerk;