HomeMy WebLinkAboutrda min 1990/10/09 MINUTES OF A REGIJLAR ~ITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
Tuesday, October 9, 1990 Council Chambers
6:05 p.m. Public Services Bu. flding
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councflmembers McCandliss, Moore, Nader, and Mayor Cox
ABSENT: Councilmember Malcolm
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: September 11 and 18, 1990
MSC (Moor&McGandliss) to approve the minutes of September 11 and 18, 1990 as submitted. Approved
4-0-1 wiltl Councilman Malcolm absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of OflSce - Resource Conservation Commission: Mr. Kracha was not in attendance
CONSENT CALENDAR
(Item pulled: 13 and 15)
BALANCE OF THE CONSENT CAI.I~NDAR OFFERED BY COUNCILWOMAN MCCANDLISS, reading of the text
was waived, passed and approved 4-O-1 with Councilman Malcolm absent.
S. WRll-l-le2q COMMUNICATIONS:
a. Requesting waiver of license requirements for Burden C. Tiffany Elementary School PTA Craft Fair -
Claudia D. Gardinier, Craft Fair Co-Chair. It is recommended that the license requirements and fees be
waived, as it consistent with past practice of the City Council.
b. Requesling clarification of Comm~mity Purpose Facilities Task Force recommendations. Eugene R.
Pierson, 972 Melrose Avenue, Chula Vista, California 92011. It is recommended that staff be directed to
respond to the questions raised in the letter from Eugene R. Pierson.
6. ORDINANCE 2401 AMENDING THE CITY'S MUNICIPAL CODE RI~I.ATING TO BUSINESS
LICENSE TAXES TO ADD SECTION 5.O4.145 qtATES FOR OFFSITE, MULTIIJSER HAZARDOUS WAISfE
FACILITIES' (second reading and adoption) - In accordance with the state of California's Health and Safety
Code, Division 20, Chapter 6.S, Section 25173.S the City is proposing to set the business license tax for
MINUTES -2- October 9, 1990
multiuser hazardous waste facilities at 10% of the facility's gross receipts for the l~eatment, storage, or
disposal of hazardous waste, excluding gross receipts derived from recycling hazardous wastes or from the
~-ea~ent of infectious wastes. Staff recommends Council place ordinance on second reading and adoption.
(Director of Finance)
7. ORDINANCE 2402 AMENDING SECTIONS 2.30.020 AND 2.30.060 OF THE CHULA VISTA
MUNICIPAL CODE ]~t~TING TO THE EXPANDING MEMBERSHIP ON THE ECONOMIC DEVELOPMENT
COMMISSION FROM SEVEN TO NINE MEMBERS (second reading and adoption) - At the 10/2/90 meeting,
Council placed the attached ordinance on first reading, with two interlineations relative to (1) prohibition
of dual office holdings and (2) limiting the duration of the "holdover office" privileges to a maximum term
of six months. The ordinance contains the changes as interlineated by Council. Staff recommends Gouncfl
place ordinance on second reading and adoption. (City Attorney)
8.A. ORDINANCE 2403 AMENDING CHAPTER 2.33 OF THE CHULA VISTA MI3NICIPAL CODE
REVISING THE b-tltUCTHRE FOR THE FORMATION OF THE CULTURAL ARTS COMMISSION (first reading)
- At the meeting of 10/2/90, Council directed the City Attorney to return with revisions to the Chapters of
the Municipal Code creating the authority for the Cultnral Arts Commission and the Child Care Commission
that will allow initial appointees assigned to Initial Terms of two years or less to serve two additional full
four year terms. Staff recommends Council place ordinance on first reading. (City Attorney)
Mayor Cox questioned whether the ordinance (paragraph E and F) wo~ald be clearer regarding the number
of votes required for passage of an ordinance if the information was included in the ordinance rather than
being in a footnote.
City Attorney Boogaard responded that if a quorum attended the meeting, three votes would then pass a
measure (paragraph F). It was his recommendation to have a majority which would be consistent with
Robert's Rules of Order and would enhance the ability of the commission to do business. This would be for
the Cultural Arts and Child Care Commissions. It was his intent to have this apply to all boards and
commissions.
Councilman Nader questioned if it could be set up for a majority of members, not number of seats, as there
are times when action needs to be taken and there are vacancies on the hoard or commission.
City Attorney Boogaard responded that the ordinance could be interlineated by stating "the majority of votes
cast by the occupied seats on the commission". Recommendations could come to Council with a majority
of votes in attendance, abstentions would not count against.
Councilman Nader felt that would answer his concerns.
City Attorney Boogaard recommended the ordinances be interlineated to read "a majority of votes cast, but
not less than a majority of the quorum be required for the passage of any resolution of the commission".
MSC (Cox/McCandliss) to revise ordinance 2403 and 2404 to indude: 'a majority of vo£es cast, but not less
than a majority of the quormn be required for the passage of any resolution of the commission'. Approved
4-0-1 with Councilman Malcolm absent.
B. ORDINANCE 2404 AMENDING CHAPTER 2.34 OF THE CI-IULA VISTA MUNICIPAL CODE
REVISING THE STRUC17JRE FOR THE FORMATION OF THE CHILD CARE COMMISSION (first reading) - -
Staff recommends Council place ordinance on first reading. (City Attorney)
MINUTES -3- October 9, 1990
9. ORDINANCE 2405 CREATING THE CHULA VISTA INTER-AGENCY WATER TASK FORC~ AND
ESTABLISHING THE FUNCTIONS AND DIJ'tll/S THEREOF (first reading) -In June 1990, Council received
the Final Repor~ of the Ad-Hoc Water Task Force. One of the major recommendations of the Wate~- Task
Force committee was to establish an Inter-Agency Water Task Force, including members from the City
Council of Chula Vista and representatives from the two water agencies serving Chula Vista. Staff
recommends Council place ordinance on first reading. (Director of Public Works)
IV. SC (Moore/McCandliss) to continue Ordinance 2405 for one week to allow the appropriate water agencies
to ~ake action, two weeks ff hhey are not able to respond width that time frame. Approved 4-0-1 with
~onnrHmnrl MalcoInl absenl~
10. RESOLUTION 15889 APPROVING AN AMENDMENT TO THE AGI~MENT WI'Il-{ ~ COUNTY
OF SAN DIEGO RELATING TO THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOIrfI-IERN HOME
PORT OF THE TAI.I-~I-1IP CALIFORNIAN - The County of San Diego has allocated $7,000 in its Community
Enhancement Program to go toward the City's $25,000 grant in securing Southern Home Por~ status of the
tallship Californian. The City needs ~o contract with the County in order to receive this funding. Staff
recommends approval of the resolution. (Deputy City Manager Thomson)
11. RESOLUTION 15890 APPROVING, AUTHORIZING AND DIREt;flNG F2/ECLrliON OF CERTAIN
LF~a~E FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DI~'iRIEUTION OF A
PI~RI.IMINARY OFFICIAL STATF. MENT IN CONNECTION WITH THE OFFERING AND SALE OF
CERTIFICATES OF PARTICIPATION 1~ RI ATING THERETO, AND AUTHORIZING AND DIRE~,-i1NG CERTAIN
ACTIONS WITH RESPECT THERETO - The City Council has authorized acquisition of a new computer
mainframe for Data Processing and a new automated Library system. Staff is proposing to finance
acquisition of the equipment through the California Cities Financing Corporation. Staff recommends
approval of the resolution. (DirecWr of Finance)
12. RESOLUTION 15891 APPROVING AN AGREEMENT IATFH WI-~I.~.R, WIMF21, BLACKMAN AND
ASSOCIATES FOR TIdE PREPARATION OF THE APPLICATION FOR THE CALIFORNIA LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT (PROPOSITION 85, NOVEMBER 1988) - The resolution
approves an agreement w/th Wheeler, Whner, Blackman and Associates in the amount of $114,500 for the
preparation of the application for the California Library Construction and Renovation Bond Act. Staff
recommends approval of the resolution. (Library Director)
13. RESOLUTION 15892 APPROVING AN AGII R~MENT wrrH JHK AND ASSOCIATES TO CONDUCT
THE 1990 GROWITt MANAGEMENT TRAFFIC STUDY AND APPROPRIATING $63,450 FROM THE
TRANSPORTATION DEVELOPMENT IMPACT FEE FUND - The 1990 growth Management traffic study
consists of an assessment of the performance of signalized intersections city wide for evaluation under the
city's Growth Management Traffic Threshold Standards. The Growth Management traffic study is conducted
annually to provide current information and allows city staff to monitor traffic impacts resulting from
proposed land developments. The first Traffic Monitoring Program Study was performed in 1989. Staff
recommends approval of the resolution. (Director of Public Works) 4/5's vote required. Pulled from the
Consent Calendar.
Councilman Nader questioned the number of signalized intersections in the 1989 repor~ that were below
Level C. He questioned the methodology utilized for evaluating the streets and intersections.
Cliff Swanson, City Engineer, responded that 6 out of 8 intersections were at r_he threshold standard.
MINUTES -4- October 9, 1990
3ohn Lippitt, Director of Public Works, replied that when the threshold standards were adopted, the ICU
method was utilized and the interchanges were not included in the original study. Under the proposed
agreement, both methodolog/es would be utilized. Staff would like to come back in six weeks with a critique
on which way the City should go and what levels of service should be adopted if another methodology of
measurement is used.
Councilman Moore asked for a brief description of the two methods utilized.
Mr. Lippitt responded that the two systems currently utilized are the ICU method, Intersection Capacity
utilization and the HCM, Highway Capacity Manual method. The first method is based on the capacity of
what an intersection can handle. The HCM measures the delay times of each leg and then averaged.
RESOLUTION 15892 OIq'Ic;RED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Cotm~,3man Malcolm absent.
14. RESOLUTION 15893 AUTHORIZING THE EAS1LAKE DEVELOPME.NT COMPANYTO CONSTRUCT
A PORTION OF T~I.~GRAPH CANYON ROAD (PHASE II) FROM 1,900 PEET EAST OF PASEO LADERA TO
JUST EAST OF APACHE DRIVE AND RECFJVE A CASH OR CREDIT RFAMBIJRS~ AGAINST
TRANSPORTATION DEVELOPMENT IMPACT FI~_<; - EastLake Development Company has requested
authorization to receive a cash or credit reimbursement against Transportation Development Impact Fees,
pursuant to Ordinance No. 2251 and as amended, for the construction of Telegraph Canyon Road (Phase
II). Staff recommends approval of the resolution. (Director of Public Works)
15. RESOLLrrloN 15894 MODIFYING THE SCI-IEDLILE OF FEES TO INCREASE THE b-'EWERAGE ·
PARTICIPATION FEE BY EI.I~iVEN (11%) PERCENT TO $2,220 - Chula Vista's new and existing users will
need to contribute for expansion and upgrade of the metropolitan sewerage system. Sewer service charges
were recently increased by 11%, therefore it is recommended that the sewer participation fee also be
increased by 11%. The resolution would take effect 60 days from the date of passage. Staff recommends
approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar.
Councilwoman McCandliss questioned the changes made to the sewer participation fees or sewer fees within
the last six months or one year.
John Lippitt, Director of Public Works, responded that approximately one year ago the fee was raised from
$600 to $2,000 per dwelling unit. In August, the monthly rate was increased by 20%. This was not only
to cover increased operating costs but to also prepare for upgrade of the Metro System. Staff is proposing
that both fees be increased by approximately ILO,5 per year, on an annual adjustment.
Mayor Cox referred to the possible annexation in Rancho Vista North and questioned whether they would
be allowed to utilize the $2,000 fee which was in existence when they initiated their effort.
Mr. Lippitt responded that they approached the City six or eight months ago and that ff the City were to
receive a serious petition within the sixty day period, he felt the Council could then utilize the $2,000 fee.
RESOLUTION 15894 O~ BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilman Malcolm absent.
16. RESOLUTION 15895 GRANTING DEVELOPMENT IMPACT FEE CREDIT FOR WORK TO BE DONE --
BY UNOCAL ON EAST "Ir' STREET WEST OF OTAY LAKES ROAD -UNOCAL Oil Company has submitted
plans to build a service station at the northwest comer of East "H" Street and Otay Lakes Roads. As part
MINUTES -S- October 9, 1990
of the requirements for the building permit, they were required to widen East "I-P Street immediately west
of Otay Lakes Road and to modify the median island at the northwest corner. UNOCAL should receive DIF
credit for a portion of that work. Staff'recommends approval of the resolution. (Director of Public Works)
Gity Attorney Boogaard stated approval of the action would also result in a waiver of UNOGAL's claim for
the reduction of DIP fees.
17. RESOLUTION 15896 APPROVING CONTRACT AND APPROPRIATING lrONDS FOR SERVICES OF
BUD GRAY AS REPLACEMENT FOR A SENIOR PLANNER IN THE PLANNING DEPARTMENT - From
November 1989 through September 1990, this vacancy was filled under contract by Robin Keightley who
resigned to rake a permanent position with the City of La Mesa. Bud Gray would work on a 20 hour per
week basis as a contract planner with the contract to be paid from the Baldwin deposit account. Staff
recommends approval of the resolution. (Director of Planning) 4/5's vote required.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARL~GS AND RELATED RESOLUTIONS AND ORD1NANCF_q
18. PUBLIC HEARING CONSIDERATION OF AN ORIGINATION CHARGE OF 1% FOR USE OF
ASSESSMENT DISTRICT FINANCING - A public hearing was set to consider an origination charge of 1% for
the use of assessment district £mancing. A policy relating to this origination charge, assessment district and
ordinance no. 2397 is also being considered. Staff recommends approval of the resolution. (Director of
Public Works)
This being the time and place as advertised, the public hearing was declared open.
Cliff Swanson, City Engineer, gave a brief overview of the staff report.
There being no public testimony, the public hearing was declared closed.
Councilman Nader questioned to what extend the policy would restrict the assessment districts.
City Attorney Boogaard responded that the policy was an additional restriction which would allow the City
to include access streets in the assessment districts.
John Lippirt, Director of Public Works, stated this would be a way ro have the major streets developed all
at the same time rather than piecemeal.
Councilman Nader felt there should be a provision which would allow waiver or exceptions of the policy.
City Attorney Boogaard responded that as a matter of policy, variations could be made by Council.
RESOLUTION 15897 ADOPTING CITY POLICY ~T.ATING TO ASSESSMENT DISTRICT
PROC~.~.r~INGS, nMPLEMENTATION OF PROVISIONS CONTAINED IN ORDINANCE NUMBER 2397, AND
ESTABLISHING AN ORIGINATION CHARGE
RESOLUTION 15897 OI~'k'ERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilman Malcolm absent.
MINUTES ~6- October 9, 1990
19. PUBLIC HEARING PCZ-90-I-M: CITY-INITIATED PROPOSAL TO REZONE CERTAIN
TERRITORY, GENERALLY BOUNDED BY WALNUT DRIVE, MAIN STREET, PALM DRIVE AND THE AUTUMN
[-IllJ.q CONDOMIN]I. iIVi PROJECT FROM 1TS ~11¥-ADOPTED COUNTY ZONE O_.ASSIFICATIONS TQ.~I-i¥
CLASSIFICATIONS IJ-I1LEZI~.D THROUGHOUT CHULA VISTA - In all cases, the proposed zone amendments
are the best attempt to convert city-adopted county zoning to equivalent city zoning without adversely
impacting development capability of the properties. Staff recommends that Council: 1) find that this
reclassification, based on the Initial Study and comments on the Initial Study and Negative Declaration, will
have no significant environmental impacts and re-adopt the Negative Declaration issued on IS-88-4M and
IS-88-65M for the Montgomery Specific Plan; and 2) place ordinance on first reading. (Director of Planning)
This being the t/me and place as advertised, the public hearing was declared open.
Anthony Lattieti, City Consultant, gave a brief staff presentation regarding the proposed rezoning of
Woodlawn Park and East Woodlawn Park.
Councilwoman McCandliss noted the two church sites designated outside of the residential zoning and
questioned whether Council should be addressing the designation of community purpose zoning.
Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, stated he lived in Woodlawn Park and was
disappointed that there were no meetings held in the area so residents could express their opposition to
proposed changes. His main concern was over the deletion of residential/commercial (R/C) zoning.
Dan Pass, Principal Planner, responded that staff had checked and that'residential/commercial zoning had
never been assigned to this area.
Mr. Lattrieri stated that the RC zoning for the county was rural/commercial and not residential/commercial
zoning.
Mayor Cox referred to a memorandum sent to Mr. Greene, from the City of Chula Vista, which indicated that
the County of San Diego RC zone was residential/commercial.
George Krempl, Deputy City Manager, responded that the memorandum was in response to several questions
Mr. Greene had made, and that staff had not checked the definition of the county RC zone but had relied
on Mr. Greene's interpretation. The point of the letter was to indicate that in order to establish this type
of zone, action would have to have been taken by the County before annexation.
Mr. Lattieri replied that the County had two zones, one being rural/commercial and the other
residential/commercial. After checking the zoning ordinance, the RC zone is residential/commercial.
Mr. Greene requested that if he had residential/commercial zoning in the county, that the area be designated
residential/commercial under city zoning.
There being no further public testimony, the public heating was declared closed.
ORDINANCE 2406 ADOPTING PCZ-90-I-M: REZONING CERTAIN TERRITORY, GENEaRALLY
BOUNDED BY WALNUT DRIVE, MAIN STREET, PALM DPdVE AND THE AUTUMN HO.I_~ CONDOMINIUM
PROJECT FROM 1TS GI-IY~ADOPTED COUNTY ZONE CLASSIFICATIONS TO UI'IY CLASSIFICATIONS
UTILIi~.D THROUGHOUT CHULA VISTA ~first reading)
ORDINANCE 2406 PLACI~.D ON FIRST READING BY MAYOR COX, read/ng of the text was waived, passed
and approved 4~0-1 with Councilman Malcolm absent.
MINUTES -7- October 9, 1990
Mayor Cox stated he offered the ordinance for first reading due to the recommendations of the Montgomery
Planning Committee, Planning Commission, and staff. He was convinced that at no time was there RC
zoning under the county and that the recommendations were consistent with prior county zonings.,
OTHER BUSINESS
20. ORAL COMMUNICATIONS
20a. Mary Gunthorp, 789 Energy Way, Chula Vista, California, representing Onager Corporation,
expressed her concern over the dangerous situation and number of accidents at the intersection of Otay
Valley Road, Main, and the freeway. She noted traffic has become extremely heavy due to new
developments.
John Lippitt, Director of Public Works, responded that Council had approved funding for the design of traffic
signals for that interchange. It is hoped that the project will be completed by the end of the fiscal year.
CalTrans has not approved participation in financing at this time.
20b. Bud Pocldington, 656 Glover Place, Chula Vista, California, stated the water break had been replaced
and was back in service. The District will be addressing the issue of keeping pipe in storage in case of
emergencies.
21. ~ pUI.LRr~ FROM THE CONSENT GALEND~ (Items 13 and 1S) The minutes will reflect the
published agenda order.
22. ~'IY MANAGER'S REPORT(S) - No report given.
23. MAYOR'S REPORT(S)
a. Complimented the Public Works Department on the work done on the parking lots adjacent to the
entrance gate for the Nature Interpretative Center.
b. Referred to the accident on Nacion and "L" Street.
MSC (Cox/Moore) to refer the intersection, slope, and par~cular incident to stafland the Safety Commission
for review to see if anything further could be done to slow down the traffic on the sl~eet. Approved 4-0-1
with Councilman Malcolm absent.
c. Ra6flcation of appoinunents to Boards, Commissions and Committees: Economic Development
Commission - Conliuued from 10/2/90 meeting.
MS (cox/Moore) to ratify the appointments of Permy Allen, Marshall Compton, Patty Davis, Albert Gerber,
Jim LoBue, Gonzalo Lopez, Mike Maslak, Don Read, and William Tuchscher to the Econom/c Development
Commission.
Councilman Moore questioned whether a position had been budgeted for which would assist the Economic
Development Commission.
MINUTES -8- October 9, 1990
City Manager Goss responded that a project coordinator (mid-level manager) had been budgeted. The
position would assist in housing and redevelopment activities which would then free up the Assistant
Director, who had been designated to the economic development area.
Councilman Nader expressed concern over the composition of the Commission. He viewed the Commission
as one of the most important that had been set up and he wanted to see planned development and growth
that would benefit the citizens of Chula Vista. In reviewing the list of applicants, he did not see the
expertise he felt was needed for the Commission to succeed.
Councilwoman MeCandliss stated she also shared the concerns expressed by Councilman Nader. While it
is important to carry on the continuity of the Chula Vista 2000 Committee, member~ are needed with
particular economic development expertise. She felt that in order to accomplish this, names would have to
be brought forward to the Council and ex-officio slots should be created on the Commission for non-residents
in order to tap their expertise.
Mayor Cox stated the ordinance allowed for ex-officio members.
VOTE ON MOTION: approved 3-1-1 with CounciLman Nader voting no and Councilman Malcolm absent.
c. Referred to the 10k race on October 21, 1990 and the press conference held with Arturo Baros.
24. COUNCIL COMMENTS
a. Councilwoman McCandliss:
Referred to the problems with the "H" Street trolley parking lot and the exiza security efforts that had been
made. She felt that the public transit system would not work if the public could not be guaranteed that
their cars would not be vandalized. She requested that staff contact MTDB regarding the safety and security
at the trolley stations within the Gity of Chula Vista. If it is perceived that the security company currently
being utilized is not sufficient, the City should review the possibility of taking over security similar to what
the Port District has done. She would like to have staff submit recommendations back to Council.
Councilman Nader questioned whether MTDB was conducting any type of internal investigation to the
charges that were made.
MSC (McCandliss/Nader) to refer to staff to contact 1VI'II)B regarding the safety and security of the IroHey
stations wirhln the City of Chula V'~ta with a report back to Council regarding recornmo, ndations for
improved safety and review of whether l~e City should consider the responsibility of providing security for
the stations. Approved 4-0-1 with Councilman Malcolm absent.
b. Councilman Malcolm:
Legislative Report: WOperation Budget Freedom" - Proposal by the League of Califomia Cities to
repeal/replace SB 2557, to put a stop to future reductions of local revenues and provide a long term revenue
base for cities and counties. SUPPORT
MSC {Cox/Nader) to support 'Operation Budget Freedom' - SB 25S7, approved d-O-1 with Councilman
Malcolm absent.
ADJOURNMENT
MINUTES -9- October 9, 1990
The meeting adjourned at 8:00 p.m. to a Redevelopment Agency meeting.
Gity Attorney Boogaard stated there was no new information regarding County versus Rabin and therefore
a closed session was not necessary.
The Gity Council met in a dosed session at 9:25 p.m. to discuss:
Imminently potential litigation pursuant to Government Gode Section 54956.9 - Jones Intercable
versus City of Chula Vista
Pending litigation pursuant to Government Gode Section 54956.9 - Jesus Sanchez, et al. versus Bill
Signs Trucking, Inc., et al.
MSG (Cox/Moore) to refer Bills Signs Trucking, Inc. to the law firm of Daley & Heft. Approved 4-0-1 with
Coun~lman Malcolm absent.
MINOTES OF AN ADJOURNED MEETING OF THE REDEVELOPMF~IT AGENCY OF THE
G1TY OF GHDLA VISTA, CALIFORNIA
The meeting was called to order at 8:12 p.m. by Chairman Cox.
1. ROLL CALL:
PRESENT: Members McCandliss, Moore, Nader, and Chairman Cox
ABSENT: Member Malcolm
ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Beverly
A. Authelet, City Clerk
2. REPORT. FURTHER ANALYSIS OF DEVELOPMENT PROPOSALS FOR AGENCY-
OWNED WINDMILL SITE - Continued from 9/11/90 meel~ng.
Chris Salomone, Director of Community Development, stated the comparison of the two projects, Pacific
Scene and Flagship, as requested by Council had been completed. After comparison by staff, the Pacific
Scene project was recommended. The Town Centre Project Area Committee again reviewed the projects and
recommended that the Windmill Farms site be developed with a mixed use of office and commercial, but
that residential uses should not be incorporated in the site.
Member Nader questioned whether Mr. Hyde had changed his vote and ff it was a unanimous vote for the
Pieri project.
Mr. Salomone stated the Commission's recommendation was unanimous for the Pieri project.
Member McCandliss stated she was bothered by the evaluation criteria as stated in the RFP and felt staffhad
gotten away from this criteria. She also felt the ownership of the site gave the Agency certain opportunities,
i.e. more money, tenants, etc. The proposals including residential, could be placed anywhere in the City and
did not appear to be the spark plug needed on Third Avenue. She requested that staff respond to the
following questions: 1) what is seen as the overall benefit to Third Avenue of each proposal, 2) ff staff
recommendation is approved, what would the infrastructure solutions, 3) the integrity of the RFP process,
MINUTES -10- October 9, 1990
and 4) ff Pieri is accepted, outside the standards, i.e. "highrise" how it the integrity of the area maintained
regarding future developments in the area.
Mr. Salomone replied that staffs analysis of the Pieri project was based on economic development crirerla.
The project would provide a sense of development and an employee base that would be there during the
daytime hours, which was felt to be a much needed revitalization effort. Gompatibility with the surrounding
area is a concern and will be dealt with during site and architectural review. Staff felt the redevelopment
process was at a point where they were taking chances, but a chance well worth taking. The site is
sufficiently served by water, sewer, and power but the clear issue is traffic and would be with all three
projects. This will have to be analyzed indepth and the Agency will then have to make a decision. He felt
the proposal process was flawed; there was no intent to deceive nor is the product out of character with
what was proposed. The Pieri project does fall within the large criteria in the Town Centre I Redevelopment
Plan and Design Manual. He had wanted the RFP process to be open ended to see what the market would
bear. The addition of the Kentucky Fried Ghicken site, after proposals were received, made it a confusing
process. He felt a "high rise" could be seen as a precedent, but because it is in a redevelopment area,
decisions can be made on criteria based on State law for that redevelopment area.
Director Goss replied that he was not certain that a five story building was categorized as a 'high rise" but
that there was a sixteen story building in the project area. He felt the precedent was already set in the area
but that there were numerous controls.
Member McCandliss felt the Agency needed to maintain certain standards of conduct regarding guidelines
for approval, whether Agency owned property or privately owned property.
Member Nader questioned whether the developers had scaled back densities of their projects before the final
submittal. He expressed concern that people were being told to maximize densities to only find out later
from the Agency that there were other considerations. The Agency approach and staff approach should be
similar.
Mr. Salomone responded that there had been interaction between the developers and staff. He felt they had
been given the design manual and criteria along with any direction staff had been given by the Agency in
the past. A criteria will be developed out of this process for future RFP's and contact will be limited with
the applicants.
Chairman Cox suggested that each company be given time to make any comments to the Agency regarding
their project and then have the Agency select the party to negotiate a development agreement.
Member Nader questioned where the Agency would go if after negotiations, the Agency felt the problems
could not be sufficiently mitigated.
Mr. Salomone responded there were no implied guarantees by picking a project tonight.
Jim Moxom, representing Pacific Scene, did not feel it necessary to reiterate the size and scope of the project
but he repeated a comment the Mayor had made in the past in which he felt the project was to important
to be considered without a full Council. Due to the absence of Councilman Malcolm he questioned whether
it was a change of heart or had he misunderstood.
Chairman Cox responded that he had no direct communication from Member Malcolm regarding a
continuance. He had made the comment but unfortunately that did not always work out. With the input
from the Town Centre Project Area Committee, and if the Agency could come to a conclusion, they would
move forward tonight. If three votes were not obtained, the item would be continued.
MINUTES -11- October 9, 1990
Mr. Moxom stated they had been encouraged by one employee of the Redevelopment Agency to come
forward with a mixed use project. As mixed use, they were talking about commercial, office and residential
and they did this in order to be in conformance. He understood there was a one hundred foot height
limitation in the Town Centre design criteria and a forty-five foot height limitation in the existing zoning.
In talking to the Planning DeparUnent, they were told the more restrictive zoning would be enforced unless
a variance was obtained. They had worked very herd to keep their project within the scope of zoning and
general plan, and the Town Centre criteria. He admired Mr. Pieri's boldness, and felt they all could have
done the same, but after reviewing the zoning, criteria, residences on Alvarad% they did not feel it was
appropriate to put up a five story building. He felt the shadows of a five story building on the residential
neighborhood would be significant. He asked that the Agency consider their proposal in complete
conformance and that for future proposals, all applicants have the opportunity to submit questions in
writing, to be answered by staff during a public hearing, with replies made in writing to those not in
attendance. He hoped the Agency would make a decision tonight for Pacific Scene, as they were committed
to work with the City and bring forth a good project.
Member Nader stated he appreciated the project submitted by Pacific Scene and the recommendations for
ret'ming the RFP process.
Member McCandliss questioned whether Pacific Scene would submit the same proposal today, knowing
everything they know now.
Mr. Moxom replied that they would not. If they had known it was the desire of the Agency to have a
"statement" project, digress from the Town Centre design criteria, and run the risk of the impact it could
have on a residential area, they would have possibly altered their project. He felt everyone had learned
through the process that the goals and direction of the Agency were not clear to all three of the applicants.
Jeff Phair, 145 Willow Street, #2001, Bonita, California, representing Pieri Company, thanked the staff of
the Redevelopment Agency and congratulated the other developers for their proposals. They felt their project
has tremendous economic benefit to the City of Chnla Vista and the residents of the community. They also
felt they had offered a concept that was greatly needed in the downtown area. They were prepared to work
with the staff regarding the balance of aesthetics versus revenues and other issues. They were also prepared
to invest within the City of Chula Vista and requested the Agency respect the unanimous approval of the
Town Centre Project Area Committee.
Member McCandliss questioned whether they would be willing to scale back the project if it was deemed
necessary during the six month negotiating process.
Mr. Phair responded that they were ready to work with staff to do whatever was necessary fi.om an aesthetic
or density standpoint to mitigate whatever needs had to be met to make the project compatible with the
community. This would include scaling back the project.
Member Nader questioned whether they would be willing to make trade-offs to achieve some under
grounding for parking.
Mr. Phiar responded that he would have to defer that question to the team that had designed the project.
They would keep an open mind to doing whatever was needed to mitigate the aesthetic aspect of the project.
John O'Brien, representing Flagship, stated they were not expecting to give a presentation tonight. They
would like to compliment the Redevelopment Agency staff and their competitors. Their proposal only
contains 3,000 sq. ff. of retail, but they felt the goal was to improve the downtown retail rather than
competing with it. They also offered the most money to the Redevelopment Agency and felt that should be
considered. They had also made great efforts to conform with the requirements by the City. They did meet
with staff, listened, and brought back a project they felt was in conformance. Their goal was to make sure
MINUTES -12- October 9, 1990
the project would succeed and they did obtain a tenant for the project. The tenant has now agreed to
become a partner in the project.
Jack Blakely, 527 Welton Street, Chula Vista, California, representing the Downtown Project Area Committee,
stated they had several concerns and had requested that the Pieri project be included for reconsideration by
the Committee. After reconsideration, the Pieri project was unanimously chosen. They are concerned that
maybe the two story village concept is not working in the downtown area and he recommended that the
Agency also approve the Pieri project proposal.
Chairman Cox felt the concern regarding traffic would have to be addressed further and questioned whether
staff had information on what the impact on traffic would be if Kentucky Fried Chicken were to be moved
to another site.
Chris Salomone, Director of Community Development, responded that an analysis had not been done at this
lime.
Chairman Cox stated the Flagship proposal had many pluses, Pacific Scene had done many beautiful projects
in the City of Ghula Vista, and Pieri was well established with numerous projects. He thought the project
approved should provide additional opportunities to the downtown area and he felt the Pieri proposal best
meet those needs. He thought Council should move forward with the recommendation of staff and the
Project Area Committee and move into an exclusive right to negotiate with the Pieri Company.
Member McGandliss noted the difficulty of the decision as she saw problems with each proposal. She did
see the greatest potential for opportunity with the Pieri proposal and would insist that 1) similar principals
be applied to the Pieri proposal as were applied to the Pacific Scene project in the Montgomery area in order
to obtain the best mix for Third Avenue, 2) whatever areas that are out of accord with the design standards
for Third Avenue be brought into compliance ff possible, if not, each area that disrupts the concept,
highlighted so the Agency is aware of those areas that are being waived, 3) changes should be made to the
design, not the streets, ff there is found to be a problem with traffic. She felt this could be moved to the
next stage, but she would like to see a fairly tight negotiating period with some of these questions answered.
Member Moore questioned which Town Centre design guidelines would not be met by the Pieri project. He
stated his concerns were with the design of the parking garage and softening its impact on the apartment
dwellers and the traffic situation that would be created.
Mr. Salomone responded that the project fell within the broad guidelines of the Town Centre design
guidelines manual.
Member McGandliss referred to a City which requires shuttle service to the site to alleviate 'rush hour traffic"
and she felt alternatives should be explored.
Member Nader stated it was a difficult choice but complimented all three firms on their proposals. He noted
the reconsideration by the Project Area Committee and their unanimous vote for the Pieri project. Also taken
into consideration was the input from the downtown businessmen and their recommendation of the Pieri
project. He felt that as a follow up there should be some changes in the RFP process.
MSC (Cox/Moore) to designate the Pieri Company as the developer of the Windmill Farms site and authorize
staff to negotiate a semi-exdnsive right to negotiate agreement and return to the Agency for approval.
Approved 4-O-1 with Member Malcolm absent.
MS (Nader/2VlcCandliss) refer to staff with a report back to the Agency with suggestions on implementing
measures for revision of the RFP process for Redevelopment Agency projects to provide a process whereby
MINUTES -13- October 9, 1990
.each applicant could submit questions that would be available to all other applicants and would be answered
m a meeting open to all applicants.
Member McCandliss stated she was embarrassed with the process taken and the lack of direction givem The
process should clearly be a competitive process.
VOTE ON MOTION: approved 4-0-1 with Member Malcolm absent.
3. RESOLUTION 1122 APPROV/NG AND RATIFYING ~ AGI~RRM~NT FOR PROFESSIONAL
SRRVIC~.g WITH MR. ANTHONY CIOTTI AND APPROPRIATING FUNDS
THEREFORE - Continued fi~m 10/4/90 meefng.
RESOLUTION 1122 OIq'ERED BY MEMBER MCCANDLISS, reading of the text was waived, passed and
approved 4-~1 with Member Malcolm absent.
4. ORAL COMMUNICATIONS: - None
$. DIRECTOR'S REPORT: - None
6. CHAIRMAN'S Pd~ORT: ~ None
7. MEMBER~ COMMENTS:
a. Member Nader:
Referred to graffiti around the Gity and the pending Council referral. He requested that staff expedite the
report back to Gouncil and review the possible use of a "nuisance law" as part of the referral.
ADJOURNMENT AT 10:10 P.M. to the Regular City Council Meeting on October 16, 1990 at 6:00 p.m. in
the City Council Chambers.
Respectfully submitted,
..BEVERLY A. AUTHELET, CMC, City Clerk