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HomeMy WebLinkAboutcc min 1985/01/29 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, 7:00 p.m. January 29, 1985 ROLL CALL Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott, Moore, Malcolm (arrived late 7:07 p.m.) Councilmembers absent: None Staff present: City Manager Goss, Assistant City Attorney Gill, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE, SILENT PPd~YER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of December 20, 1984 and January 22, 1985 MSUC IMoore/McCandliss) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY (None) 3. WRITTEN COMMUNICATIONS a. REQUEST TO BAN ICE CREA~t TRUCK SALES AT OR NEAR SCHOOL FACILITIES - (Palomar PTA) The Palomar PTA urged the City Council to take action banning ice cream trucks on-street sales at or near school facilities since it interferes with the dismissal of students and safety. City Manager Goss indicated the City could regulate such activities on a time and place basis but could not prohibit them. The issue is to what extent the ice cream trucks at the location present a safety hazard to the pedestrians. He recommended the letter be referred to the Safety Commission and the City Traffic Engineer for evaluation and report. MSUC (McCandliss/Scott) to refer the letter to the Safety Commission and Traffic Engineer for report. b. REQUEST FOR REFUND OF CONDITIONAL USE PERMIT FEE (St. Vincent de Paul Center) The request was for a refund of the Conditional Use Permit fee (~175) paid for the operation of their thrift store on Broadway. City Council Meeting - 2 - January 29, 1985 City Manager Goss recommended the fees be refunded based on past actions of the Council. MSUC (Cox/McCandliss) to accept the staff recommendation. c. RESIGNATION FROM RESOURCE CONSERVATION COMMISSION (Rose Marie Fox) Rose Marie Fox resigned her appointment on the Resource Conservation Commission due to moving from the Chula Vista area. MSUC (Moore/Cox) to accept the resignation with regret and a letter of appreciation be sent to Rose Marie Fox in appreciation of her services on this Commission. d. REQUEST TO USE "FINANCIAL SURPLUS" TO COMPLETE "F" STREET SENIOR CITIZENS HOUSING (Fern Y. Moore, 288 "F" Street, Chula Vista) Mrs. Moore asked for completion of the Senior Housing project on "F" Street using "financial surplus" funds and suggested it house only those seniors interested in the arts {as an arts and crafts center). The City Manager reported a letter i s being written to Mrs. Moore advising her of the plans for completing the senior housing project. MSUC {Moore/McCandliss) to accept the letter noting the City Manager's action. e. REQUEST TO REACTIVATE THE STREET LIGHT AT 83 "L" STREET (Ron Tretiak, 83 "L" Street, Chula Vista) The request was to reactivate a street light located on the north side of "L" Street between First Avenue and Country Club Lane to insure safety of motorists, pedestrians and residents. MSUC (Moore/Scott) to accept the letter and refer i t to the overall issue of turning on street lights which will be discussed with the City's budget deliberations. f. REQUEST FOR INPUT ON COOPEPJ~TIVE REGIONAL ALTERNATES - (Richard Jacobsen, Deputy CAO, County of San Diego) The Charter Review Panel solicited Council input for City-County Consolidation at a national level and other alternatives for cooperation among local jurisdictions. MSUC (McCandliss/Scott) to refer this to staff for review. g. RESIGNATION FROM LIBRARY BOARD OF TRUSTEES (Frank W. Luxem, Jr.) Frank W. Luxem submitted his resignation as a Trustee of the Chula Vista Library Board of Trustees due to personal and career considerations. He will be unable to serve past the January 23rd meeting. City Council Meeting - 3 - January 29, 1985 MSUC (Moore/Scott) to accept the resignation with regret and a letter be sent to Mr. Luxem thanking him for his services on this Board. h. REQUEST FOR CLOSURE OF INTERSECTION OF FOURTH AND "F" STREET AND "CROWD CONTROL" ON MAY 18, 1985 FOR THE U.S. NAVY PARACHUTE TEAhi DEMONSTRATION (Business Salutes Chula Vista Fair Committee) The Business Salutes Chula Vista Fair Committee is making arrangements to have the U.S. Navy Parachute Team from the Coronado Amphibious Base open the May 18, 1985 event with a spectacular aerial demonstration near the Fair site at the intersection of Fourth Avenue and "F" Street. The Committee requested the City provide crowd control during the event and controlled closure of the intersection for the few minutes preceding and during each jump scheduled from 10:30 a.m. and again from 2:00 to 2:30 p.m. MSUC (McCandliss/Scott) to approve the request subject to staff conditions. (Councilman Malcolm arrived at this time 7:07 p.m.) Mayor Cox announced that in view of the lengthy public hearing (Item No. 4) the Council will first consider all other items on the agenda and then come back to the public hearing. 5. ORAL COMMUNICATIONS a. Bess Pocklington, 656 Glover Place, Chula Vista, questioned the status of the Navy Housing. She referred to a newspaper article whereby it quoted Congressman Bates as being very much against the Navy Housing. She felt anyone against the Navy Housing should consider the money the Navy brings into this community. She asked the Council to "talk to Congressman Bates about his concern". Mayor Cox stated the Council has not taken any position for or against the Navy Housing. Based on the Navy's acquisition of the property off Telegraph Canyon Road, the Council has created a Navy Housing Task Force of residents in that area. They will hold their first meeting this Thursday at 7:00 p.m. in Conference Rooms 2 and 3. CONSENT CALENDAR (6-13) MSUC (McCandliss/Moore) to approve the Consent Calendar. 6. RESOLUTION 11913 ACCEPTING PUBLIC IMPROVEMENT - CONSTRUCTION OF STORM DRAIN FACILITIES ON FOURTH AVENUE AND "L" STREET (Director of Public Works/City Engineer) Maeak Corporation, doing business as Horizon Construction Company has completed the construction of storm drain facilities on Fourth Avenue and "L" Street. This contract was awarded by Council Resolution 11740 on August 21, 1984. A final inspection was made on January 7, 1985. City Council Meeting - 4 - January 29, 1985 7. RESOLUTION 11914 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PRC ENGINEERING FOR THE PREPARATION OF A SIGNAL SYSTEM IMPROVEMENT STUDY (Director of Public Works/City Engineer) A Citywide traffic signal system improvement study was approved in the 1983-84 Capital Improvement Program. This study is to identify critical deficiencies within the existing signal system, evaluate various control strategies and equipment improvements for the system and recommend appropriate action to implement improvements, The consulting firm of PRC Engineering has been selected to perform the study. The study will take approximately five months to complete and will be divided into the following tasks: Task 1 Inventory and Appraisal Task 2 Analysis of Existing System Task 3 Comparison of Control Strategies and Recommendation of Improvements Task 4 Final Report The cost of the study will be $33,750. (Proposals ranged from $28,813 to $35,000). 8. RESOLUTION 11915 APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE ASSEMBLY RULES COMMITTEE FOR THE LEASING OF OFFICE SPACE FOR ASSEMBLYMAN STEVE PEACE (Assistant City Manager) Assemblyman Peace leases Suite B in the Legislative Office Building, which consists of approximately 1450 square feet. Under terms of the new lease, the monthly rent will continue at the existing rate of $915.04 per month until December 1, 1985, when it will be necessary to negotiate a monthly rental for the period of December l, 1985 through November 30, 1986. 9. RESOLUTION ll 916 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CONGRESSMAN JAMES BATES FOR THE LEASING OF OFFICE SPACE (Assistant City Manager) Congressman Bates leases Suite A in the Legislative Office Building, which consists of approximately 750 square feet. Under the terms of the new agreement, the monthly rents will be $667, an increase of $67.00 per month. The term of the lease is for two years, (JanuaW 3, 1985 through January 2, 1987). During the second year of the lease, the monthly rental is subject to adjustment based upon the U.S. Department of Commerce Consumer Price Index for the San Diego Metropolitan Area, but not to exceed 6%. City Council Meeting - 5 - January 29, 1985 lO. RESOLUTION 11917 ACCEPTING PUBLIC IMPROVEMENTS - CONSTRUCTION OF STREET IMPROVEMENTS ON THE NORTH SIDE OF EAST "J" STREET FROM DENNIS AVENUE TO 378.8 FEET EAST (Director of Public Works/City Engineer) G. Spikes, Masonry and Cement Contractor completed the installation of public improvements on November 16, 1984. A final inspection was made and was determined that some corrective work needed to be performed. Due to excessive rains and the holiday periods the contractor was not able to perform the corrective work until January 14, 1985. This work has now been completed in accordance with the plans and specifications and to the satisfaction of the City Engineer. ll. ORDINANCE 2100 AMENDING TITLE 18 (SUBDIVISION ORDINANCE) OF THE CHULA VISTA MUNICIPAL CODE TO IMPLEMENT THE BAYFRONT SPECIFIC PLAN SECOND READING AND ADOPTION {Community Development Director/Director of Planning) The purpose of the Subdivision Ordinance amendment is to implement the Chula Vista General Plan and the Bayfront Land Use Plan adopted by the Chul a Vista City Council and the California Coastal Zone Conservation Commission. The ordinance was placed on first reading at the meeting of January 24, 1985. 12. REPORT AMERICAN YOUTH HOSTELS REQUEST TO CONDUCT GRAND INTERNATIONAL BICYCLE TOUR (Director of Parks and Recreation) The Grand International Bicycle Tour was formerly titled the Grand Bicycle Tour of Five Cities; however, due to the refusal of Coronado to approve the race this year in their City, the route and title have been changed. The event will be staged on February 24, 1985 and start from Rohr Industries parking lot No 10 at Sandpiper Way and "G" Street. The 30-mile bike ride will begin between 8:00 and 9:00 a.m. and return to the "J" Street Marina between ll:O0 a.m. and 2:00 p.m. There will be an estimated 2,000 participants, so staggered starting times will be used as a crowd control measure. The Director of Parks and Recreation recommended that Council approve the request subject to staff conditions. 13. REPORT BAY HOSPITAL MEDICAL CENTER REQUEST TO CONDUCT A IOK RACE AND 2-MILE FUN RUN (Director of Parks and Recreation) Bay Hospital Medical Center is sponsoring their annual event to raise funds for their Cardiac Rehabilitation Program. The 1 OK race will commence at 7:00 a.m. and the fun run at 8:00 a.m. Both events will start from Memorial Park, where the Medical Center staff will conduct health screenings. Police Department and Traffic Engineer have no objections to the event. The Director of Parks and Recreation recommended approval subject to staff conditions. End of Consent Calendar City Council Meeting - 6 - January 29, 1985 13A. UNANIMOUS CONSENT RESOLUTION RELEASING FRANK FERREIRA FROM THE AGREEMENT FOR LAND DEVELOPMENT FOR UNCONTROLLED EMBANKMENT IN THE 200 BLOCK OF BONITA GLEN DRIVE ICity Attorney) Mayor Cox noted there was not a unanimous consent of the Council to consider this item. 14. REPORT OF THE CITY MANAGER a. City Manager Goss referred to his recent memo to the Council asking for their CIP projects by January 30, 1985. b. City Manager Goss reported LAFCO is considering part of Chula Vista's Sphere of Influence next Monday (proposed Valley Road Reorganization). MSUC (McCandliss/Scott)for staff to be authorized to appear before LAFCO to present the Council's position {extend the Sphere of Influence boundary). The motion carried with Councilman Malcolm abstaining. 15. MAYOR'S REPORT a. MSUC {Cox/Scott) for Closed Session at the end of the meeting for the purpose of potential litigation dealing with the Bayfront. b. Mayor Cox stated he has been talkin to the McDonald Corporation about being included in t e annexation to ~hula Vista since they are acquiring h property on Broadway and Palomar Street. They are supportive of annexing to the City but are concerned because their plans are being processed in the County and all their fees have been paid. They questioned whether all of this would be lost when they are annexed to the City. MSUC (Cox/Scott) to send a letter to McDonald's indicating to them that (this City) agrees not to proceed with the processing of their annexation request either until August 1, 1985, or if there is a possibility of getting their permit at an earlier time, (this City) will proceed as soon as athey (mcOonalds) get their permit so they can go ahead and begin construction of their building without having to pursue a somewhat duplicated process with Chula Vista. In answer to Councils query, Di rector of P1 arming Krempl stated the only major difference in the processing would be Chula Vista's sign regulations. 16. COUNCIL COMMENTS (None) PUBLIC HEARINGS AND RELATED RESOLUTIONS This being the time and place as advertised, Mayor Cox opened the public hearings on Items 4a, b, c and d. City Council Meeting - 7 - January 29, 1985 4. PUBLIC HEARING CONSIDERATION OF FINAL EIR-84-1 (Planning Director) a. RESOLUTION 11918 CERTIFYING EIR-84-1, EASTLAKE I Director of Planning Krempl stated the EastLake development is a unique project because of its scale, magnitude, acreage and location. It demands planning response and regulations along with special considerations for offsite improvements. The applicant has a proposed mixed land use throughout the plan which necessitates flexibility and special controls and regulations regarding how zoning and interface uses are to be handled. Director Krempl referred to Ordinance 2002 - Council's approval of P-C regulations noting the proposed EastLake plan will adhere to these regulations. Director Krempl presented and explained the following: Public Facilities and Financing Plan: A public facilities plan shall be approved by the City Council prior to or concurrent with the adoption of Section Area Plans {SPA) which includes: {1) a plan setting forth the method and sources for the developer to finance all public facilities required to support the development of the General Development Plan; and (2) a phasing plan setting forth capital improvement program elements and schedules for implementation of public facilities needed to support development of the sectional development plan. Phasing Public Facilities: The Public Facilities and Financing Plan shall include the number and type of units to be constructed per year for the planning period and with specific emphasis on public facilities such as streets and highways, sewers, public buildings, bike trails, transit facilities, parks, fire stations and equipment, police facilities and equipment, libraries and equipment, etc. (3) The plan shall address the cumulative impacts on adjacent properties. {4) The plan shall insure that necessary public facilities can be implemented when needed to serve the development proposed. This may include developer subsidies in the form of dedication of land, construction of improvements, reduced lease rates, and contributions. (5) The financing plan for all public facilities shall address alternative methods of financing said facilities including Park Acquisition and Development fees, Residential Construction Tax fees, development fees, reimbursement agreements, facilities benefit assessment districts or other appropriate financing techniques. (6) The City shall not be financially responsible for public facility costs needed to support EastLake I. Mr. Krempl added the Public Facilities and Financing Plan does address all these ingredients spelled out in the PC regulations. He added the Development Agreement was the "glue" which assures the Financial Plan is adhered to and implemented. The City may impose conditions and obligations on the development not normally achieved with the normal subdivision map. The Development Agreement provides certain assurances that the project as proposed can proceed. Emphasis is made on an annual review of the plan. · 'T" City Council Meeting - 8 - January 29, 1985 Director Krempl summarized the following recommendations: 1. The EIR - for the Council to certify the EIR and approve the resolution which is consistent with the Planning Commission action taken on January 23, lg85. 2. The General Development P1 an Amendment - for approval and adoption of the appropriate resolution which is consistent with Planning Commission action on Janua~ 23, 198B. 3. The Sectional Planning Area (SPA) Plan, the Public Facilities and Financing Plan and the Development Agreement to "tentatively" approve these documents and to refer them to the Planning Commission for additional comment prior to adoption of the documents by the City Council. Director Krempl stated the Planning Commission did not approve the SPA Plan by a vote of 4-3. They were concerned with the traffic considerations, timing and need of State Route 125. Assistant City Attorney Gill stated the Council's action should be not to "tentatively" approve the SPA Plan but to approve it "in concept". Environmental Document Environmental Coordinator Reid stated the environmental document addresses the 1267.9 acre EastLake I Sectional Planning Area. The project is located in an area which was zoned Planned Community (PC) by the City of Chula Vista on August 24, 1982. The project site is located approximately 7.5 miles east of downtown Chula Vista - Telegraph Canyon Road/Otay Lakes Road bisects the site. This Draft EIR was issued for public and agency review by the Environmental Review Coordinator on September 27, 1984. The document has been circulated by the State Clearinghouse and several local agencies have commented on the draft EIR. The environmental analysis includes the following: Lane use, transportation and circulation, water availability, sewer services, educational facilities, police protection, fire protection, visual resources, hydrology/drainage, air quality, fiscal analysis, noise, biological resources, archaeological resources, paleontological resources and growth inducement. The Director of Planning recommended certifying that Final EIR-84-1 has been prepared in accordance with the California Environmental Quality Act, the State CEQA Guidelines, the Environmental Review Procedures of the City of Chula Vista and that the City Council has reviewed and considered the information in the Final EIR. Mrs. Ter~ Jacques, Westec Corporation, reported on the findings in the document. She identified the following significant impacts which she stated were mitigable: City Council Meeting - 9 - January 29, 1985 1. EastLake combined with existing traffic from other developments east of I-B05 would create impacts to some external streets to SR 125, East "H" Street and Telegraph Canyon Road. These can be mitigated by reservation of rights-of-way for SR 125 for an eight-lane freeway with initial construction between the project and San Miguel Road and two lanes north of San Miguel Road. 2. Construction of East "H" Street as a six-lane prime arterial east of 1-805 and four lanes east of SR 125. 3. Construction of Telegraph Canyon Road as a six-lane prime arterial east of SR 125 and four lanes offsite to 1-805. 4. Construction of San Miguel Road as a six-lane prime arterial east of SR 125 and four lanes west of SR 125. 5. Public facilities and services: fire, library - these impacts will be mitigated by construction of two elementary schools and one high school, fire station and a community-oriented library in the Village Center. 6. Hydrology/drainage - drainage provisions are included in the Long Canyon and Telegraph Canyon Road for construction of culverts and retention basins. 4b. PUBLIC HEARING CONSIDERATION OF GENERAL DEVELOPMENT PLAN AMENDMENT, SECTIONAL PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES AND FINANCING PLAN AND DEVELOPMENT AGREEMENT; EASTLAKE DEVELOPMENT COMPANY ( Di rector of P1 anning ) 4c. RESOLUTION 11919 ADOPTING AN AMENDMENT TO THE EASTLAKE I GENERAL DEVELOPMENT PLAN Consultant Bud Gray stated that the EastLake I General Development Plan adopted by the City Council in 1982 contained 1,267.9 acres with a maximum of 3,683 dwelling units, 145.3 acres of employment park, 34.2 acres of office and con~nercial, 59.9 acres of schools, 301.4 acres of parks and open space and 106.4 acres of streets. Since 1982, the EastLake Development Company has completed more detailed planning studies which have resulted in some changes to the original General Development P1 an. These changes are consistent with the original design and intent, however, they nevertheless require an amendment to ensure consistency between the General Development Plan and the SPA Plan. The SPA Plan is a summary prepared by the City based on an extensive amount of research submitted by the EastLake Development Company. Substantial refinements were made by the City and other public agencies. Once adopted by the City Council, the SPA Plan establishes the basic design, land use al 1 ocati ons and development gui deli nes for the project. City Council Meeting - lO - January 29, 1985 Mr. Gray presented slides depicting and explaining the following: 1. Proposed amendment to the General Development Plan noting the shifting of the lake, addition of the school and park, a nine-acre private park added to the center of the industrial park and the design of the EastLake Parkway. 2. SPA Plan - noting both the residential portion and industrial/Village Center (B-1 and B-2 of the Plan). 3. Submitted a plat showing the changes made to the Plan 3,683 dwelling units, land and office uses not changed, industrial park increased by seven acres. 4. Organizational Plan of the development noting the varied acreages of the Uses. 5. Conceptual overview of Parks and Open Space noting the bike trails. 6. Park improvements contemplated in the SPA Plan - four private parks with several mini-parks. 7. General Landscape Plan 8. Trails Plan 9. Community Entry Signs lO. Fencing Plan ll. School/Park Study 12. Conceptual design study of the Village Center. 13. Proposed parks (large and small) as private parks to be maintained by a Master Homeowners Association. Mr. Gray stated there were further conditions added to the SPA Plan (Section 6) and Council's action should include these. 4d. RESOLUTION APPROVING THE EASTLAKE I SECTION PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES AND FINANCING PLAN AND DEVELOPMENT AGREEMENT Mr. Wayne Wedin, Principal in Charge, Wedin Enterprises, noted the City Council policy requires the adoption of a financing plan prior to the recording of any subdivision map and that public services will be provided concurrent with the need - a determination of the needs of the development and how they will be addressed. The public financing plan is a document that is designed on how all of the public improvements will be financed and by whom in City Council Meeting - ll - January 29, 1985 order to have the assurance all of the facilities and improvements will be in place as needed. After consideration of this document, Mr. Wedin Stated it would be important it be reviewed on a annual basis. No liability or obligation will be accrued to Chula Vista. Mr. Wedin added that the document is a living one, capable of moving with the times and represents the future interests of the City. The basic appropriation includes several recommendations: 1. The assessment process of the Mell o-Roos tax exempt financing to be used for selected community facilities. 2. The benefit assessment system. 3. The process of repayment for putting in public improvements. 4. Subdivision extractions for improvements taking place within the project to be done by the developer - should be encouragement to involve other agencies in puttin9 in the public improvements as appropriate. 5. Leverage of public financing should be used as the City Council feels appropriate with no obligation accruin~ to the City as a result. 6. Safeguards should be built in and dedication secured in advance of the public improvements. 7. Improvement phasing of the projects. 8. Agreement entered into to be sure development stops if the public improvements are not put in. 9. A reserve fund for the overall economics of the project. lO. The Public Facilities and Financing Plan shows 48 different projects in the development and are shown in phasing form. Mr. Wedin further noted what the developer agrees to: l) Payment of all subdivision improvements (on-site) - this would be in the $20 million dollar range. 2)Pay their fair share of the off-site improvements - this could be in the $20 million dollar range. 3) Pay their fair share of the "backbone system" - this would be in the $21 million dollar range. Mr. Wedin further explained this is a system of costs in the $60 million dollar range with the specific and definitive understanding that the developer cannot proceed without stated levels of first putting in the public improvements. In referencing the tax exempt financing if approved by the City, it would reduce the cost of each home approximately $5500 per unit. City Council Meeting - 12 - January 29, 1985 In answer to Mayor Cox' query, Mr. Wedin explained that the Mello-Roos tax financing plan is an assessment process that allows a group of landowners or individual land owners to bond with tax-exempt financing procedures needed on-site or off-site. It is a lien on the property unless the developer chooses to defease the loan at the time it is sold. REPORT BY THE CITY MANAGER City Manager Goss discussed the following points as incorporated in the Public Facilities and Financing Plan: 1. It creates a mechanism for financing a large number of public improvements in the Plan. 2. The City is interested in the cash flow. The question is what happens in the market if the residential development does not pay for itself but the industrial development does. Mr. Goss explained there will be a reserve fund established for that purpose. 3. Commitment to construct off site improvements - The plan provides for the facilities benefit financing assessment district established for putting in these improvements. If it doesn't happen, the developer will put in the public improvements and there is a reimbursement district. 4. The City will waive the PAD and RCT fees in exchange for the construction of the parks. 5. As to the library, there is provision for a store front library; however, a provision is also made for the dedication of a branch 1 ibrary. 6. A street lighting and landscaping district will be provided for lighting and landscaping median strips beyond normal City standards. 7. There will be a joint-venture between the developer and Chula Vista for Cable TV. 8. There will be an annual review of the plan including the fiscal analysis of revenues produced by expenditures requi red by the project. In answer to Councilman Malcolm's query, Mr. Wedin stated that if Congress does not allow any more tax exempt financing, the developer will have to go to the bank method and borrow the money at standard rates. This of course, will increase the prices of the homes. The developer will not stop the project at that point. City Attorney Gill stated the City can stop the developer from proceeding with the project for non-payment of public improvements and the Courts would uphold this action. City Council Meeting - 13 - January 29, 1985 Councilman Moore referred to the 48 projects in the Plan and questioned staff's involvement - whether another staff person would have to be employed. City Manager Goss stated they do anticipate additional staff to process all of the projects. This will be paid for by the developer. Councilwoman McCandliss questioned the actual costs to the City. City Manager Goss stated the costs to the City would be for the maintenance of street lights, public works, police, fire, library, parks and recreation programs all to be supported by general taxpayers. City Engineer Lippitt discussed the impact on the grading that will take place in the Telegraph Canyon Creek area, drainage and possible flooding problems. At the tentative map stage, there will be a condition that the developer will not impede the flow of water down stream. Mr. Lippitt said the City will be assured that the facilities will serve the growth in the area and the on-site improvements will be handled at the tentative map ap reval stage. He added there are six stages to the off-site improvements - t~ese are handled in the financing plan. As each stage of the development goes in, the improvements are put in. Councilman Malcolm questioned State Route 125 - what happens if it doen't go in and stops at San Miguel Road northward. The Director of Planning stated the Plan calls for a four-lane travelway linking SR-54 to the EastLake · . development. Mr. Andrew Schlaefli President of Urban Systems stated his firm developed the transportation phasing plan and the analysis. The plan covers where the development will occur, how much of the development will occur and when. It is important the plan be monitored on a regular annual basis. In the process, they made the assumption the existing traffic would grow 21 per year. They considered the number of trips that will be made along with the assignment of the trips noting Bonita Road, San Miguel and Otay Lakes Road are approaching limited capacity. Councilwoman McCandliss questioned why the analysis was not done on the intensity of the uses rather than on trips per day. Mr. Schlaefli responded they will continue to monitor all developments in the Plan during which they will be evaluated according to the market. In answer to Councilman Moore's question, Mr. Schlaefli stated they did consider bridging over the Sweetwater River for the State Route 125 and alternate routing of traffic onto 54 Caltrans has done a number of studies on this and they referred to those studies. Assistant City Attorney Gill commented that the specific language in the financing plan is still being discussed by the developer and staff. The final language will be coming back to the City Council for approval. Councilman Moore questioned whether the staff made any consideration to providing more space in the fire location for police and public works vehicles. City Manager Goss stated this would be taken into consideration. Council recessed at 9:30 p.m. and reconvened the meeting at 9:40 p.m. · 'r T City Council Meeting - 14 - January 29, 1985 Mr. Robert Santos, representing EastLake Development Company complimented the staff on the excellent presentation. He stated EastLake is in full concurrence with the staff's report and recommendations, There have been a number of meetings held with staff and United Enterprises and their comments should be on record. EastLake project will go on for the next 20 years. It is the most comprehensive document the City has reviewed. Mr. Santos presented a number of slides showing the Illustrative Plan which he explained goes beyond the statistical tables and graphics. Mr. Santos presented slides discussing the following: 1. Four separate schematic neighborhoods and how they are connected with major streets and a trail system to accommodate both bicycles and pedestrians. 2. EastLake Hills which consist of single family detached homes having the central focus point of a school/park complex which will consist of a swimming club, a junior size olympic pool, tennis court and a chil dren's play area. The design, if desired, would permit fencing of the school and buildings in the upper playground areas. 3. EastLake Shores is a water~orientated theme consisting of medium residential having a focal point of a 20 acre/park complex with 15 acres of water. This will be stocked with fish and designed for sailing of small craft. There will be a beach club complex adjacent to the lake and boat launching facilities. 4. EastLake Village Center will be an urban type center with a water feature located at the entrance to the center. The commercial uses would include restaurants, stores and office complex buildings. 5. The EastLake Business Center will be the industrial portion of the project. The developer will work with the City in order to attract high technology industries. In the Business Center will be a recreational park including soft ball fields, soccer fields, volleyball, basketball and locker rooms and facilities for the employees. This park will be owned and maintained by the Business Users' Association and will be available to all the employees working in the Center. 6. EastLake Greens located to the south of Telegraph Canyon Road will include two 1B-hole golf courses. 7. As to the transportation component of the plan, there will be a trail system and a transit facility with bike storage areas. 8. As to the housing, the ranges of prices will start around $50,000 and will go up to approximately $300,000+. 9. The Open Space areas in the Plan will incorporate 25% of the area - this does not include schools or roads. City Council Meeting - 15 - January 29, 1985 Mr. Santos further discussed the water conservation element using reclaimed water, the fiscal balance of the plan, landscaping proposed, the drainage into Long Canyon area, the off-road trail system, the Public Facilities and Financing Plan noting that the public improvements will be made and provided for. Route 125 will not be needed for the entire SPA area presuming there will be no other proposed growth as delineated in the document. Mayor Cox stated he met with Senator Deddeh and Tom Hawthorne of Caltrans. Mr. Hawthorne said they hope to get SR 125 on to their six-year program. Mr. Santos described how the arterial connections and grading would be made to the proposed SR 125 and the proposal for full diamond interchanges. Mr. Michael Spata, Attorney for United Enterprises, stated they have had some positive meetings with the developer and the staff and as a result, certain suggestions were proposed. Inasmuch as there are some are regional problems that need to be addressed in the plan, successful techniques need to be applied. Mr. Spata submitted, for the record, the concerns of Uni ted Enterprises and asked that they be made a part of the record. (Note: These comments are attached to the minutes). Mrs. Gretchen Burkey, Donira, declared she has the same concerns as the Planning Commissioners who voted against the project - the off-site traffic impacts. Mr. Santos stated there would be no need for the SR 125 route in the first phase of the development; however, if the development terminates on San Miguel Road, there will be quite an impact on San Miguel Road. Mrs. Burkey questioned bridging onto Route 54 and whether the developer would pay for this. She added Sweetwater Valley cannot handle any more traffic and in contacting the County, they stated it will be many years before improvements are proposed for San Miguel Road. City Engineer Lippitt noted the original traffic plan did not have SR 125 {4 lanes) or the alignment to 54. The EIR showed it and the mitigated measures for later SPA's - that San Miguel be improved; therefore, the staff has looked at it further in how it should be implemented. Director of Planning Krempl declared SR 125 will have to be "punched through" to the north of EastLake prior to completion of this SPA. There being no further comments either for or against, the hearing was declared closed. Councilwoman McCandliss stated the traffic problem is the critical issue in this development. Until there is a road going north and south to handle the development, all traffic will come onto Bonita Road, East "H" Street or Telegraph Canyon Road. In the Plan submitted to Council, the traffic plan is "here, there and everywhere in the document" - the Council needs to get a summary of the particular traffic plan including the cost factor, phasing and time element. She asked staff to consider in their study the Bonita Long Canyon area, Charter Point, E1 Rancho del Rey and Bonita Meadows - what the underlying problem is and how the traffic could be accommodated before it becomes a major problem. She suggested this be referred back to the Planning Commission for refinement. City Council Meeting - 16 - January 29, 1985 Councilman Moore noted the Financing P1 an incorporates the financing of the construction of the improvements. The streets to the east will not be done for some time, there is an understanding that the developer may do the streets prior to the time element delineated in this plan. Mr. Bob Santos stated the document before the Council relates to what is to be needed for certain thresholds of development. The developer anticipates accelerating those improvements. In other words, the improvements will not be put in any later than what the plan specifies. a. RESOLUTION llgl 8 CERTIFYING EIR-84-1, EASTLAKE I RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. c. RESOLUTION ll 919 ADOPTING AN AMENDMENT TO THE EASTLAKE I GENERAL DEVELOPMENT PLAN RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. General Council comments followed: Councilman Malcolm - A number of questions he had pertaining to the Plan were answered this evening and the guarantees assured. He stated the development will be a fine addition to the City of Chula Vista. Councilwoman McCandliss - EastLake holds a lot of opportunity for the eastern territory of the City which the Bayfront has for the west. She has concerns with long-term commitments which may become a problem for the City at some time in the future; however, she does note the safeguards incorporated in the plan, specifically the opportunity to stop the development at some point. She cautioned monitoring the traffic concerns. Councilman Scott - This Plan is much better than the original one submitted - it is more sophisticated. The way the Plan is put together gives the Council confidence in the Plan. If the same type of Plan was put in the original Getsten development, there would not have been the problem of getting "H" Street put through. He is impressed with the way the Plan is put together and asked for a report on the phasing of the traffic problems. Councilman Moore - The difference here this evening is the talent involved. Hiring a consultant to work with the staff was quite beneficial to the City. The additional errata sheet submitted by Mr. Spata should be included for the record. Mayor Cox - He came into the meeting tonight with "uncomfortable assurances" regarding the traffic especially, as it relates to SR 125. He is now confident the City has considerable control and there are cooperative assurances from the developer. The expertise of staff has been improved over the past few years. The developer has a more sensitive approach to this development. City Council Meeting - 17 - January 29, 1985 4d, RESOLUTION APPROVING THE EASTLAKE I SECTION PLANNING AREA {SPA) PLAN, PUBLIC FACILITIES AND FINANCING PLAN AND DEVELOPMENT AGREEMENT MSUC (Cox/Moore) to approve the EastLake I Section Planning Area (SPA) P1 an Public Facilities and Financing Plan and Development Agreement in concept and refer this back to the P1 arming Commission for written comment. Councilman Moore related the following specifics: 1. The traffic generation concept and expansion. 2. Off-site improvements vs. construction which guarantees traffic improvements on San Miguel Road and SR 125/54. 3. The weakness in the assurance facilities benefit district program. This should be reviewed for refinement. 4. Include the letter and errata sheet from Attorney Spata. Director Krempl noted the letter received from John Linn, Business Manager for the Chula Vista School District that will also be incorporated. 5. A better definition of the improvements: when they are to come and what the phases of the development will be. Mayor Cox stated he would include all of these concerns in the motion. Councilman Moore agreed to the second and the motion carried unanimously. The Council recessed to Closed Session at 11:00 p.m. The City Clerk was excused and the City Manager reported the meeting concluded at 11:30 p.m. ADJOURNMENT AT ll:30 p.m. to the Navy Housing Task Force meeting on January 31, 1985 at 7:00 p.m.; to the regular meeting scheduled for Tuesday, February 5, 1985; and to the City Council tour on February 9, 1985 beginning at 8:30 a.m. WP G: 0530 C PAG · 'r T MICHAEL CHRISTOPHER SPATA ATTORNEY AT LAW too7 FIFTH AVENUE- SUITE eo8- SAN DIEGO, CALIFORNIA 9;~1OI January 23, 1985 Honorable Members of the Planning Commission The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Re: Eastlake I SPA Plan Public Hearing Dear Commissioners: Since the Planning Commission meeting of January 9, 1985 at which time the Eastlake I matter was continued, representatives of United Enterprises, Inc. had met with representatives of Eastlake Development Company for the purpose of discussing the comments and concerns of United Enterprises, Inc. relating to the proposed Eastlake I SPA Plan, Public Facilities Financing Plan and Development Agreement. In view of the fact that the understandings apparently reached by the concerned parties are not reflected in the Staff Report provided for this public hearing, and in view of the efforts of United Enterprises, Inc. to articulate all concerns at the earliest possible opportunity so as to allow sufficient lead time for appropriate consideration, the attached comments of United Enterprises, Inc. are hereby submitted for the record during the instant public hearing. Your thoughtful consideration of these comments is urged. ~yy s Michael Christopher Spata MCS:lg ~ ~,~ Enclosure ~.~ co cc: United Enterprises, Inc. Longicy-Cook Engineering, Inc. ~' Eastlake Development Company ~hula Vista City Council Mark T. Longley-Cook, Ph.D., R.C.E. LONGLEY-C OOK ENGINEERING, INC. Civil, Environmental and Transportation Engineering; Computer Modeling Consultants · 1007 Fifth Avenue, Suite 1110, San Diego, California 92101 (619) 239-:30S6 COMMENTS OF UNITED ENTERPRISES, INC. REGARDING EASTLAKE I DEVELOPMENT PRO~ECT On January 15, 1985 representatives of United Enterprises, Inc. met with Robert Santos of EastLake Development Company for the purpose of expressing its thoughts and concerns regarding the EastLake I project. The following documents were provided prior to that meeting: - EastLake I EIR and Appendices - EastLake I Sectional Planning Area Plan - EastLake I Draft Public Facilities and Financing Plan - EastLake I Proposed Development Agreement On Wednesday, 3anuary 16, 1985~ representatives of United Enterprises and Mr. Santos of EastLake Development Company met with City of Chula Vista staff (Messrs. Goss, Krempl and Lippitt) to discuss the concerns of United Enterprises, Inc. as voiced on the previous day to Mr. Santos. During the meeting of ~anuary 16, 1985 at the City of Chula Vista, the following consensus appeared to be reached: I. The construction of SR 125 is a condition precedent to development in the subregional area. The Public Facilities Financing Plan will be revised to require not only the dedication of right of way for an ultimate g-lane freeway, but for the phased construction of SR 125 by EastLake Development Company when needed. The ultimate construction to be financed by private development will be up to a G-lane expressway. CALTRANS will be encouraged to reinstate SR 125 between SR 9½ and the Mexican border in its freeway construction program, to expand the road to 8 lanes, and to construct interchanges. 2. The Public Facilities Financing Plan will be expanded to both define the need for construction of road and intersection improvements, including SR 125, in terms of more objective standards, such as ADT, Level of Service, or Traffic Warrants. This requirement for additional improvements will be based on a "capacity decision point" mechanism for each roadway, in a manner similar to that found in the proposed sewer assurance agreement for the temporary discharge o~ EastLake I sewage into the Telegraph Canyon Road sewer line. The mechanism of phasing construction by the number of buildiing permits issued will remain, with this new systemic approach being supplemental thereto. 3. Telegraph Canyon Road will have an ultimate configuration of a 6-lane primary arterial between SR 125 and I-g05~ with the Public Facilities Financing Plan providing for the construction 6 lanes between 1-805 and Otay Lakes Road and ~ lanes between Otay Lakes Road and SR 125. ~. The method of construction financing for SR 122 will be pursued as a total configuration between the Mexican border and SR ~. 5. The traffic studies performed to date~ including the Chula Vista Transportation Study, are inadequate to show future cumulative impacts of the area. This is so because of the failure to consider realistic traffic volumes from Otay Mesa to be developed within the City of San Diego~ and the £ailure to consider any traffic generation from the property o£ United Enterprises or from the East Otay Mesa. The City of Chula Vista and EastLake Development Company will join United Enterprlses~ Inc., the County of San Diego and hopefully the City of San Diego in rerunning the SANDAG Transportation Model to account ~or the development of the entire subregional area. 6. The future cumulative impact on residents of East H Street in Southwestern COllege Estates needs to be considered now since it is probable that the ultimate configuration of East H Street between 1-805 and SR 122 will be a 6 lane primary arterial. 7. Paragraph 1.6 o~ the Development Agreement needs to be clarified so that the Development Agreement does not terminate if renegotiation is unsuccessful. 8. Paragraph 8.1 o~ the Development Agreement -- which presumably relates to covenants running with the land .... should be considered in light of the recent decision of Sports Arenas Properties~ Inc. v. City of San D~ego~ 157 Cal. App. 3d 871 9. Limitations of velocities as well as flow will be imposed as tentative map conditions to control runoff and drainage from the EastLake I project so as to prevent scour or erosion downstream, 10. Appropriate care and precautions will be undertaken in the design~ construction and operation of the lake so as to avoid off site impacts, It has been left unresolved as to the method of allocating financing of 5R 125. There is also a question as to what would happen if off-site groundwater impacts are encountered. Therefore, it is recommended that a Contingency Plan be devised by the City Engineer to become effective if such an eventuality does occur. Additions to Errata Sheet Public Facilities and Financing Plan Requested by Mr. Spata ~ p. 79 Project description changed to read: Construct/widen (SR-1~25) as a 4 lane travelway linking Telegraph Canyon and SR-54. p. ~04 Change map to show Route 125 extending all the way down to Telegraph Canyon Road instead of terminating at EastLake Parkway p. 105 Change project 46 to read: Construct/extend SR-125 as a 4 lane travelway linking SR-54 and Telegraph Canyon Road p. ll Add to second paragraph, first sentence: - "and either constructed or under construction".