HomeMy WebLinkAboutcc min 1997/01/07MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA CITY COUNCIL
Tuesday, January 7, 1997
4:05 p.m.
CALL TO ORDER
Council Chambers
Public Services Building
1. ROLL CALL:
ALSO PRESENT:
Councilmembers John S. Moot, Stephen Padilia (arrived at 4:31 p.m.), Jerry R. Rindone
(arrived at 4:06 p.m.), Mary Salas, and Mayor Shirley A. Hotton.
Sid Morris, Assistant City Manager; John Kaheny, City Attorney; Beverly A. Authelet,
City Clerk; and Patricia Schwenke, Deputy City Clerk.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: December 10, 1996 (City Council Meeting) and December 10, 1996 (Special
Joint Meeting of the City Council/Redevelopment Agency).
MSUC (lMoot/Salas) to approve the minutes, approved 3-0-2 ~vith Rindone and Padilia absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Eleanore Valdovinos - Library Board of Trustees. The oath of office was administered to
Ms. Valdovinos by the City Clerk, Beverly Authelet.
b. David Malcolm, Port Commission, gave an annual report for the Port Authority. He reported that the Port
made a policy change to set real estate rental rates based on individual location. With respect to "H" Street,
engineers were hired and the project will be completed. There is hope there will be an agreement with Rohr by
the end of the year, and the Port t~els they have a solution to work out Rohr's toxic problems. If the Port can move
forward, one of the most exciting waterfront opportunities will land between "H" and "J" Streets in Chula Vista.
The Port wants to make Chula Vista proud of its waterfront and bring developments like Seaport Village, Harbor
Island, Shelter Island and quality recreational opportunities. He was recently approached by two baseball teams
proposing a minor league baseball team on the waterfront, and he requested possible direction by Council in the
future.
CONSENT CALENDAR
(Items pulled: 11 and 12)
BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY MAYOR HORTON, READING OF THE
TEXT WAS WAIVED, TITLES READ, PASSED, AND APPROVED 4-0-1, WITH PADILLA ABSENT.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that the City Council did not meet in Closed Session on 12/17/96.
It is recommended that the letter be received and filed.
Minutes
January 7, 1997
Page 2
b. Resignation from the Planning Commission - Mary Salas. It is recommended that the resignation be
accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's
Office and the Public Library.
6. ORDINANCE 2694 APPROVING THE PREZONING OF APPROXIMATELY 10.1 ACRES TO THE
PC ZONE (PCZ-96-C) {second reading and adoption) - The owners of the 10.1 acres (Mother Miguel Estates),
located adjacent to the north side of the San Miguel Ranch property's south parcel, propose to amend the General
Plan to Low-Medium Residential, the same classification requested for the adjacent San Miguel Ranch property.
Also requested is the prezoning of the property to the PC zone, the same prezone as presently exists on the San
Miguel Ranch. Staff recommends Council place the ordinance on second reading and adoption. (Director of
Planning)
7. RESOLUTION 18536 TRANSFERRING FUNDS WITHIN THE CITY ATTORNEY'S BUDGET -In
accordance with Council Policy 220-02, "Financial Reporting and Transfer Authority" adopted on 1/23/96, Council
approval is required for transfers of appropriations which are greater than $15,000 between summary accounts
within a department. Staff recommends approval of the resolution. (City Attorney)
8. RESOLUTION 18537 ADOPTING THE 1997 LEGISLATIVE PROGRAM AND LEGISLATIVE WORK
PROGRAM - The Legislative Program represents the Council's position on items likely to be acted upon by the
State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning ofeach
two-year legislative session and amending it at mid-term, Chula Vista can take a proactive role in sponsoring,
supporting, or opposing bills related to the City's various legislative priorities. Staff recommends approval of the
resolution. (Legislative Comnuttee and Assistant City Manager)
9. RESOLUTION 18538 ACCEPTING CALIFORNIA STATE LIBRARY MATCHING FUNDS AWARDED
TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL
YEAR 1996/97 BUDGET - The California State Library has awarded a one-year extension of its matching fund
grant to literacy programs who had been awarded the original five-year grant in 1987. This award provides $32,528
to supplement monies raised locally to support the Library's adult literacy program. Funds will be used to continue
the contract with the computer lab coordinator and to hire an instructor to lead small group writing classes. Staff
recommends approval of the resolution. (Library Director) 4/5th's vote required.
10. RESOLUTION 18539 APPROVING ENCROACHMENT PERMIT NUMBER PE-393 FOR
INSTALLING AN EARTHEN RAMP ACROSS AND CLOSING OF EASTLAKE PARKWAY SOUTH OF
FENTON STREET - EastLake Development Company has requested permission to install an earthen ramp across
EastLake Parkway, just south of Fenton Street in the EastLake area. The ramp will be used to provide a crossing
for the scrapers transporting earth from the east side of EastLake Parkway to the parcel on the west side which
needs fill material in order to develop. This temporary Encroachment Permit will allow the closure of the portion
of EastLake Parkway between Fenton Street and Otay Lakes Road. Although temporary in nature, Council must
authorize the issuance of the permit since it involves closure of the street. Staff recommends approval of the
resolution. (Director of Public Works)
l 1 .A. RESOLUTION 18540 ACCEPTING OPEN SPACE LOT A OF MAP 12691, LOT B OF MAP 12692
AND LOTS C AND D OF MAP 12693 - On 8/14/90, Council approved the Final Maps for Montillo Phase 1, 2
and 4 and rejected the acceptance of open space lots A, B, C and D. The City is now ready to accept these open
space lots. Execution of a Quitclaim Deed is required to complete a boundary adjustment requested by the
developer to accommodate landscape walls constructed by adjacent property owners, which encroach into open space
Minutes
January 7, 1997
Page 3
lots A and B. Staff recommends approval of the resolutions. (Director of Public Works and Director of Parks and
Recreation) (Pulled by Rindone)
B. RESOLUTION 18541 QUITCLAIMING A PORTION OF LOT A, MAP 12691 AND A PORTION OF
LOT B, MAP 12692 TO MONTILLO LIMITED AND AUTHORIZING THE MAYOR TO EXECUTE THE
DEED ON BEHALF OF THE CITY
Councilmember Rindone asked who were the two property owners, and how much open space would the City lose.
John Lippitt, Director of Public Works, answered he did not have the names of the two property owners: the open
space is approximately 470 square feet, which is basically side slopes to the property. He added there was no
renumeration involved with this acceptance.
RESOLUTIONS 18540 AND 18541 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was
waived, titles read, passed, and approved unanimlmsly.
12. RESOLUTION 18506 WAIVING IMMATERIAL DEFECTS. ACCEPTING BIDS AND AWARDING
CONTRACT FOR "LOMA VERDE PARK IMPROVEMENTS (PR-183B), EUCALYPTUS PARK PLAY
EQUIPMENT (PR-146C) AND GAYLE L. MCCANDLISS MEMORIAL/HALECREST PARK
IMPROVEMENT (PR-178B)"; AND REAPPROPRIATING $53,250.00 FROM PARK ACQUISITION (PR-
185) TO PLAYGROUND RENOVATION (PR-183) TO FUND THE CONTRACT - On 10/2/96, bids were
received. Staff recommends Council approve the resolution and award the contract to Star Paving Corporation -
San Diego. (Director of Public Works and Director of Parks, Recreation and Open Space) 4/Sth's vote required.
Continued from the meeting of 1 1/26/96. (C097-006) (Pulled by Rindone)
Councihnember Rindone noted that the engineer's estimate was exceeded by 30 percent. and he asked if there was
an alternative t~>r a better deal.
Jess Valenzuela. Director of Parks and Recreation. reported that stat'l considered rebidding but t~lt the current
estimates were accurate.
Cliff Swanson, City Engineer, explained a rebidding could cost up to $5,000, and there were seven bids which were
fairly consistent. Staff t~els there is a need to review the in-house estimating capabilities.
RESOLUTION 18506 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, title
read, passed, and approved unanimously.
* * * ICNI) O1: CONSENT CALF. NI}AR * * *
ORAL COMi%!UNICATIONS
® Donald Oliver, 1500 Hilltop Drive, Chula Vista, CA, owner t>f The Diesel Pump, expressed concern regarding
the recent truck route restrictions on Hilltop Drive and Orange Avenue. Approximately 95 percent of his business
is selling diesel fuel to large semi-trucks. Many of the trucks have been ticketed, which has caused a 60 percent
loss to his business. He indicated that if Hilltop Drive or Orange Avenue was designated as a temporary truck route
for two years, he proposed to stop business at th~ end of the term.
Councilmember Rindone comn~ented he had been contacted earlier in the day by residents in the area regarding this
matter. The residents provided photographs, letters, descriptions, and petitions. and he would li~rw'ard the material
to staff.
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January 7, 1997
Page 4
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING CONSIDERATION OF THE COUNTY OF SAN DIEGO INTEGRATED SOLID
WASTE MANAGEMENT PLAN - The Plan consists of the County-wide Summary Plan and Siting Elements.
The Summary Plan outlines the Source Reduction, Reuse, Recycling, Composting Plans and Waste Generation
Estimates tier all jurisdictions within the County. The Siting Element ix intended to identify the disposal capacity
needed by jurisdictions within the County fi~r a 15 year period. Staff recommends approval of the resolutions.
(Conservation Coordinator) Continued rrom the meeting of 12/17/96.
A. RESOLUTION 18542 ADOPTING THE SUMMARY PLAN FOR THE COUNTY OF SAN DIEGO
INTEGRATED WASTE MANAGEMENT PLAN
B. RESOLUTION 18543 ADOPTING THE SITING ELEMENT OF THE COUNTY OF SAN DIEGO
INTEGRATED WASTE MANAGEMENT PLAN
This being the time and place as advertised, thu public hearing was declared open. There being no speakers, the
pnblic hearing was declared closed.
Mayor Horton comn~ented that the resolution inchides language the City's position on these sites is inconsistent with
the Otay Ranch general development plan and subregional plan, which should be removed from the tentative list
t~:>llowing the review process. She asked who would be responsible tbr making the final decision.
Michael Meacham, Conservation Coordinator, answered if the City does not provide the letter authorizing that
particular land use, the State statute requires the County to automatically remove those sites from the plan.
Councihnember Rindone asked how the siting element was changed.
Mr. Meachan~ answered the current permit provides I~>r 800 to 2,600 tons per day: the amount of waste going to
the old Otay landfill and the Otay annex is currently about 900 tons per day.
Councilmember Rindone expressed concerned regarding the decision scheduled fi~r 3/12/97 and the potential impact
on the Otay landfill. He requested a future tipdate regarding this matter.
Mr. Meacham stated the 3,500 tons per day request by the County is equal to all of the waste generated in the
system at County facilities.
Councihnember Moot asked if 3,500 tons per day was realistic, because it seems like a lot to assign to the Otay
landfill. He asked if there was capacity in the landfill that justifies this particular number. If the capacity is set
aside ~>r South Bay due to prc~jectcd growth, it is one thing; but if the landfill would somehow handle all of the
County's capacity, he would bc concerned.
Mr. Meacham replied that in order to get permit approval, it would be reviewed by the local enforcement agency
and the California Integrated Waste Management Board. There was no implication of the County's intent to use
the landfill, and the 3,500 ton number was only the potential fi3r the capacity. Some of these issues were discussed
and it would be economically unrealistic t;:>r the County to use the landfill because they would have to drive by other
landfills and travel a flirther distance.
Councilmember Moot f~lt it would be beneficial to look at a post-consumer content recycled purchasing policy
because creating a market for recycled products is a key to getting recycling a reality. He asked what was the
recycling market development zone.
Mr. Meacham answered that in the early 1990s, the State of California established a system of recycling marketing
development zones, at which time the City of Chula Vista supported application by the City and County of San
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January7, 1997
Page 5
Diego to establish the first zone in the Otay Mesa area. About two years ago, the City requested to be considered
for support of our own zone or to be annexed for the zone. The City recently reached agreement to be annexed
to the City's zone, which will possibly provide benefits to Chula Vista businesses that produce products made of
post-consumer content material to be eligible tbr up to $1 million in low interest loans through the State. The
businesses are currently eligible for an energy credit if they are in the zone; the credit for the first year is 15
percent, the second year is 10 percent, and the third year is 5 percent.
RESOLUTION 18542 OFFERED BY MAYOR HORTON, reading of the text was waived, title read, passed,
and approved 4-0-1 with Padilia absent.
MSC (Rindone/Moot) to continue Resolution 18543 to 1/14/97, approved 4-0-1 with Padilia absent.
***Councilmember Padilia arrived at 4:31 p.m. ****
14. PUBLIC HEARING CONSIDERATION OF THE REMAINDER PORTION OF PHASE 2A OF
VILLAGE FIVE OF THE OTAY RANCH SPA ONE, TRACT 96-04, CONSISTING OF 262 SINGLE-
FAMILY LOTS AND 265 MULTI-FAMILY UNITS ON 148.6 ACRES OF LAND LOCATED SOUTH OF
TELEGRAPH CANYON ROAD BETWEEN FUTURE LA MEDIA ROAD AND THE FUTURE SR-125
ALIGNMENT - On 11/19/96, Council approved Village One and Phase IA and a portion of Phase 2A of Village
Five of the Otay Ranch SPA One, Tract 96-04. The remaining 148.6 acres in Phase 2A of Village Five were
continued to 1/7/97 because they are located adjacent to land owned by West Coast Land Fund (WCLF). The
purpose of the continuance was to allow Village Development and WCLF the opportunity to meet together with City
staff to resolve any issues that WCLF might have with this portion of the SPA One Plan. WCLF has not been
available or prepared to jointly participate in a cooperative replanning of their property with adjacent property
owners. Staff recommends the public hearin~ be continued to the meetim~ of 2/4/97. (Special Planning Projects
Manager, Otay Ranch)
MSUC (Horton/Salas) to continue to 2/4/97, approved 5-0.
15. PUBLIC HEARING CONSIDERING THE VACATION OF A PORTION OF THE 100 BLOCK OF
JEFFERSON AVENUE - The Chula Vista Elementary School District has applied to the City to vacate the portion
of Jefferson Avenue from Flower Street to approximately 300 feet south, along the frontage of Feaster Elementary
School. In order to vacate, a resolution must be adopted ordering the vacation, and that resolution may contain
conditions to be met by the applicant prior to its recordation. Staff recommends approval of the resolution.
(Director of Public Works)
RESOLUTION 18544 ORDERING THE CONDITIONED VACATION OF A PORTION OF THE 100
BLOCK OF JEFFERSON AVENUE
Cliff Swanson, City Engineer, reported that the School District requests closure of a portion of Jefferson Avenue
in order to expand the school. Staff conducted a study that included a trial closure of Jefferson Avenue. Potential
problems with vehicle turns from various streets were identified and were stafl~s primary concerns from a traffic
standpoint. The staff report describes the recommended conditions that mitigate the impacts as a result of the study.
Mayor Horton asked if there would be sufficient lighting on the walkway during evening hours.
Mr. Swanson answered one of the conditions would be liar the School District to dedicate and improve the walkway
as necessary, and night time lighting could be included as a condition.
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January 7, 1997
Page 6
Councilmember Salas asked if there would be a negative impact to emergency service vehicles resulting from closure
of the street.
Mr. Swanson replied it did not appear to be a negative impact because it is not a direct route; the emergency
vehicles will continue to have access from Broadway.
This being the time and place as advertised, the public hearing was declared open.
· Marla Mason, 100 Woodlawn Avenue #36, Chula Vista, CA, Student Council President at Feaster Elementary
School, supported the closure of the street in order to expand the school. She pointed out that currently different
grades share classrooms due to the overcrowding.
· Ronald Daley, 701 "D" Street, Chula Vista, CA, representing the Jade Bay Mobile Lodge, expressed concern
regarding the street closure due to the elderly having to walk a longer distance to use the pathway.
· Richard Schulman, 108-B Jefferson Avenue, Chula Vista, CA, spoke in support of the street closure because
of safety factors it provides to the children from speeding cars on Jefferson Avenue.
· Walter Dowdy, 701 "D" Street, Chula Vista, CA, spoke in opposition to the street closure and expressed concern
regarding the street closure while school was not in session.
· Jane Brand, 701 "D" Street, Chula Vista, CA, spoke in opposition to the street closure because of the impacts
to the senior citizens who live at the mobilehome park. She stated it seemed the City was trying to accommodate
the children by sacrificing the needs of the senior citizens. She expressed concern the closure would cause delays
by emergency vehicles.
· Dr. Catherine Rodriguez, 670 Flower Street, Chula Vista, CA, Principal of Feaster Elementary School, spoke
in support of the street closure, because it is necessary to expand the school. Currently 250 students are bused to
other schools throughout the district, and the expansion will allow these children to attend their neighborhood
school. The school has split sessions, and the State will not fund the class size reduction per pupil allocation in the
future if the school remains on a split session. Two public hearings were held, and the majority of people attending
were in favor of the street closure. The expansion will allow increased student population and will add a playground
and grass area. As additional funds are available, they would like to offer amenities such as a preschool, library
expansion, a computer center, and adult education.
· Chuck Peter, 435 Stoneridge Court, Bonita, CA, representing Cornell's Office Products, Mailboxes Etc. and
property owners at Cornell's Plaza, perceives that closing the street will cause a financial impact to area businesses,
as well as their property values. He indicated he was not in favor or opposed to the street closure, but requested
that a condition be added for the school to deal with the businesses in a fair manner and recognize the street closure
will cause them problems. A professional marketing study was conducted in 1996 which revealed that 15 percent
of the business came from the immediate area of the proposed street closure.
· Dr. Lowell Billings, 84 East "J" Street, Chula Vista, CA, Assistant Superintendent for Business Services for
the Chula Vista Elementary School District, spoke in support of the street closure because it is needed to expand
the school to meet the needs of the students currently bused out of the area.
· A.W. Easton, 184 Broadway, Chula Vista, CA, spoke in opposition to the street closure because of the difficulty
with vehicles exiting the trailer park.
· Jennifer Johnson, 621 "D" Street #110, Chula Vista, CA, spoke in opposition to the street closure.
· Tim Hinckle, 143 Madison, Chula Vista, CA, spoke in opposition to the street closure and suggested a walk
bridge be constructed over the street.
Minutes
January 7, 1997
Page 7
® Dan Irwin (address not given), developer of the property at Flower Street and Madison, spoke in support of the
street closure.
· David Basilli, 110-A Jefferson Avenue, Chula Vista, CA, spoke in opposition to the street closure because of
the restricted access to emergency vehicles.
· Carolyn Mason, 100 Woodlawn Avenue #36, Chula Vista, CA, spoke in support of the street closure because
of safety issues for the children and future growth at the school.
There being no further speakers, the public hearing was declared closed.
Mr. Swanson noted that a standard condition of our vacations was missing from the resolution, and he requested
that the vacation be made subject to retention of easements and rights for all existing utilities.
Councilmember Moot shared the concern of access and safety for the senior citizens at the mobilehome park and
asked if the City Council retained any land use authority to approve the nature of the walkway to ensure it is a
viable access route and require improvements be made by the School District.
Mr. Swanson replied that the condition could be modified to clarity' the City Council wishes to review the plans
before construction.
Councilmember Moot referred to page 15-5 of the staff report and asked tbr clarification on the interim costs for
the improvements. He asked if money would be set aside to make needed improvements in the interim.
Mr. Swanson stated the language on page 15-5 was written because of the possibility those improvements will not
adequately provide the level of service needed at "E" Street and Broadway. Staff believes the mitigation measures
currently laid out will work; however, there is the possibility it may not. If it does not work, Council could further
condition the School District to agree to fund those costs. If Council chose not to add that condition, in the future
when the problem became apparent and the interim solutions do not solve the problem, the City will have to
research a project for that. It would probably require acquisition and widening of the right of way and could be
a major expense.
Councilmember Salas felt the staff report had incomplete information from the School District in terms of their plans
for the project and an explanation why a walk bridge was not feasible.
Dr. Billings indicated the School District looked at the concept of a bridge, but the primary concern was access for
the handicapped, and the walk bridge would be extremely steep or require a long graded ramp to meet ADA Code.
The School Board has already authorized the purchase of the property with a condition that Jefferson Street is
closed.
Councilmember Rindone pointed out that Feaster Elementary School is one of the smallest school sites in the
District, the school is impacted, and the District is under the pressure to provide adequate facilities for class size
reduction. He indicated support of the acquisition of the property to the School District in order to address those
educational needs; however, he thinks the concerns and interests expressed by the residents are equally legitimate.
He believes the fenced walkway may not be the best alternative because it exceeds 200 feet and adds the potential
for crime and conditions that are not conducive to residents who access it. He suggested finding a resolution on
how to help the School District address their issues and to be just as proactive with the community in finding a
resolution for the pedestrian issue. He asked if there was an alternative pedestrian walkway that could be made on
Jefferson Avenue after hours.
Mr. Swanson replied there was discussion to keep Jefferson Avenue open for pedestrian traffic, but School District
representatives felt it was not a viable option to their building plans.
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January 7, 1997
Page 8
Dr. Billings explained that the campus is operated as a community area and is open after hours with children and
community members constantly playing on the school grounds. The vacation of the street would not impact their
interest in keeping the campus open after hours. He suggested leaving the gates open after school hours so
pedestrians could pass through the school and use it as a park or open space area. There would be two access points
and if the walkway was of great concern, the pedestrian would have the option to pass through the school
playground.
RESOLUTION 18544 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, title
read, passed, and approved unanimously, and amended as follows: To include the conditions that (1) should
the site be partially or fully sold, the City will be compensated for the square footage of the dedicated land
that is currently under the ownership of the City; (2) after school hours that access by the public for
pedestrian walkways, in addition to the dedicated walkway along the west side of school, be maintained so
there will be alternatives available to the pedestrians; (3) the City be required to approve drainage issues
related to the walkway on the west side to ensure there will be ways of crossing for the pedestrians from
Flower Street to "E" Street and not going through the flood plain; (4) retain the easements and rights for all
existing utilities; and (5) the design of the walkway is subject to Council approval.
***Meeting recessed at 5:42 p.m. and reconvened at 5:55 p.m.***
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
16. RESOLUTION 18545 APPROVING A CONTRACT FOR $69,000 WITH MARTY CHASE FOR
UPDATING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) PROGRAM AND THE
RELATED FlRE FACILITIES MASTER PLAN (PS-147) AND APPROPRIATING ADDITIONAL FUNDS
THEREFOR - The Public Facilities Development Impact Fee program provides for the funding required to
construct needed public facilities and prevent existing residents from subsidizing the City's capital costs to serve
new development. In order to properly reflect changes in the City's facility needs and their respective costs since
the last update, it is proposed that the City enter into a contract to update both the Public Facilities DIF and the
related Fire Facilities Master Plan. The timing of this update is intended to incorporate the Otay Ranch annexation
area into the DIF prior to issuance of any building permits. Staff recommends approval of the resolution. (Deputy
City Manager Krempl) 4/5th's vote required.
MSUC (Horton/Salas) to continue to 1/14/97.
17. REPORT CONSIDERATION OF DRAFT CONCEPTUAL MANAGEMENT PLAN~
ENVIRONMENTAL ASSESSMENTS AND LAND PROTECTION PLANS FOR THE PROPOSED SAN
DIEGO NATIONAL WILDLIFE REFUGE - The United States Fish and Wildlife Service (USFWS) has requested
comments regarding the Draft Conceptual Management Plan, Environmental Assessments and Land Protection Plans
for the proposed San Diego National Wildlife Refuge. The proposed Wildlife Refuge will consist of three units
administered by the Federal government: (1) the Otay-Sweetwater Unit; (2) the Vernal Pools Stewardship Project;
and (3) the South San Diego Bay Unit. An environmental assessment and draft plan will be issued for comment
on the South San Diego Bay Unit in the Spring of next year. Only the Draft Conceptual Management Plan, Otay-
Sweetwater Unit and Vernal Pools Stewardship Project have been distributed for comments at this time. Staff has
prepared a draft letter fo rtransmittal to USFWS which contains comments and concerns. Staff recommends Council
authorize staff to forward the draft letter and any additional Council comments regarding the draft Conceptual
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January 7, 1997
Page 9
Management Plan, Environmental Assessments and Land Protection Plans for the San Diego National Wildlife
Refuge Plan to the United States Fish and Wildlife Service. (Director of Planning)
Duane Bazzel, Principal Planner, reported that the purpose of the wildlife refuge is to protect, manage, and restore
wildlife habit for the federally listed endangered species. As an element of the proposed MSCP, the wildlife
agencies are committed to acquiring their share of preserve lands. The management and land protection provision
contained in the draft documents are intended to apply to those properties acquired. Staff identified five key issues
concerning the wildlife refuge documents (1) there be assurance there will be continued access to trails; (2) the City
of Chula Vista be able to realize housing and general plan goals with infrastructure and development areas; (3) the
documents do not focus on possible restrictions to adjacent developments to an anticipated wildlife refuge; (4) there
is no recognition of the university plans for the City of Chula Vista in the documents; and (5) the preserve
management has not been identified where fragmented acquisition might occur. A letter was prepared by staff to
the U.S. Fish and Wildlife containing general and specific comments, and staff will return to Council in the near
future with further discussions on the MSCP. Eastlake Development is concerned with the 45-acre parcel south of
the Olympic Training Center and asked that this site not be included within the boundary of the wildlife refuge study
area. Eastlake Development is also concerned with the inclusion of East Orange Avenue in the listing of roadways
to be recognized. Staff feels the approach with the refuge does not provide any additional restrictions on property
that is not acquired by willing sellers and it is viewed as an overlay.
Mayor Horton stated it was her understanding we had 200 acres set aside/br active recreation in the Otay Valley
regional park area, and she asked if these would be excluded from the refuge.
Mr. Leiter replied that it would vary with the proposed boundaries; however, the preferred alternative boundary
includes that in the study area. Staff feels the plan does not adequately address this issue. It is believed a decision
will be made in 2/97, and staff recommends not making a final decision until the City of Chula Vista's actions on
the MSCP and the other jurisdictions on the MSCP are moved forward. If the boundaries or area being preserved
on an MSCP are significantly different than the study area, it does not make sense to have the study area include
the areas not covered by MSCP. Geographically, some of this overlaps, and the MSCP would be the plan for use
of the area. The wildlife refuge will provide for fish and wildlife service, and the federal government will acquire
and/or manage some of the preserve areas within the MSCP. Currently, the study area boundary is larger than the
area designated for preservation in the MSCP, and this is an area where staff t~els there are potential conflicts that
need to be resolved.
Councilmember Rindone asked in the overall funding picture of the MSCP, is there a potential for the City to
receive some direct financial benefit.
Mr. Leiter explained that a limited exception is where the federal government purchases lands and puts them into
a reserve, and there is an opportunity for the local jurisdictions to receive a property tax rebate for lost property
tax revenue.
Councilmember Rindone asked if the 400 acres for the potential University California site had been deeded to the
City by Baldwin Builders or Village Development.
Mr. Leiter replied the property has not been deeded to the City yet. There are currently land-use restrictions, and
the property cannot be developed, without the City' s and County' s approval, for any use other use than a university.
® Kim Kilkenny, 11975 El Camino Real, San Diego, CA, representing Village Development, stated they reviewed
the draft environmental impact statement concerning the refuge and will submit a letter with comments to Fish and
Wildlife. The negative side of the refuge is that the creation of a refuge could possibly prohibit, prevent, delay,
or otherwise thwart the implementation of Chula Vista's general plan. There is much confusion in that regard, and
in spite of assurances from the content of the documents, it is not the intention of the documents to thwart the City's
ability to implement plans. Village Development will address in their letter certain issues regarding local tax
Minutes
January7, 1997
Page 10
revenues, altemative analysis, facility analysis, impact on local land plans, relationship of the refuge to the Otay
Ranch Preserve, population and housing impacts, and relationship to the MSCP.
MS (Horton/Salas) to forward the comments presented by staff and to incorporate the additional comments
provided by Mr. Kilkenny.
Councilmember Moot asked why the refuge wasn't co-extensive with the boundaries of the MSCP, and what was
the logic of having it different than the boundaries of the MSCP.
Mr. Leiter replied this was a concern by staff, and he believed the study area was designated before the final MSCP
draft was completed. Staff feels that with the MSCP plans being refined, it would make more sense for the two
boundaries to be co-terminus. If the City or County designated land for urban development, it doesn't make sense
to also be designated as part of a future wildlife refuge in the federal plan.
® Andy Ewing, 2736 Loker Avenue, Carlsbad, CA, representing U.S. Fish and Wildlife, stated the alternatives
for the wildlife refuge basically overlap the boundaries for the MSCP. There are certain areas that include areas
proposed fur urban development in the MSCP that are included in the wildlife refuge, which is partly to make a
better refuge design and to protect wildlife habitat. The refuge boundary and the planning effort gives Fish and
Wildlife the authority to work with willing land owners within an approved boundary for acquisition; it does not
create any new zoning or land use regulations by Fish and Wildlife. In order for Fish and Wildlife to acquire
property, they must have an approved boundary and go through an environmental review process. With regard to
the property tax revenue, there is a Refuge Revenue Sharing Act payment made to the County in lieu of property
taxes, which is based on property appraisals done every five years.
Councilmember Moot felt we shouldn't go through the boundary issues twice; once the boundaries of the multiple
species area are set, our efforts should be confined to that particular area. To have overlapping boundaries seems
to invite problems rather than solve them. Once there is an understanding what the boundaries are, it would be most
logical if Fish and Wildlife didn't expand or retract them through the wildlife refuge program.
Mr. Ewing explained that Fish and Wildlife has a "willing seller" policy and only buys land from owners who are
interested in selling.
Councilmember Moot stated once the City sets the boundary of the MSCP and decides what is in the preserve, he
doesn't feel Fish and Wildlife should go to the owner and bypass that process. He requested having a way that once
a general plan is set and it is outside of the MSCP preserve, he would like some certainty that we have the ability
to follow through on that plan and not lose our land use planning authority over that area because of the refuge.
Councilmember Salas clarified that the City wants the ability to retain local authority over our land use. Fish and
Wildlife may have a willing seller that doesn't want to conlbrm with the City's general plan and the property could
be sold to Fish and Wildlife, which circumvents the will of the citizens of Chula Vista and the policy set for that
land use.
VOTE ON MOTION: Passed and approved unanimously 5-0.
18. REPORT APPROVING ENHANCEMENT OF EAST "H" STREET LANDSCAPE - JM Development
Company, the developers for Rancho La Cuesta, have proposed to enhance the landscaping of slopes, medians and
parkways along East "H" Street, in the EastLake Maintenance District Number 1 "Zone D" Open Space assessment
area. The enhancement would include the planting of 195 box Schinus Molles (Pepper Trees) along the slopes,
parkways and medians. They also propose to plant an additional 1,288 one-gallon Cistus Purpureas (Rock Rose)
throughout the medians. Staff recommends Council approve JM Development's request to enhance the landscape
Minutes
January 7, 1997
Page 11
along East "H" Street in the EastLake Maintenance District-Zone "D", subject to staff conditions. (Director of
Parks and Recreation) Continued from the meeting of 12/17/96.
MSUC (Horton/Rindone) to continue to 1/21/97.
ITEMS PULLED FROM THE CONSENT CALENDAR
(Items 11 and 12. The minutes will reflect the published agenda order.)
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. Sid Morris, Assistant City Manager, reminded Council of the goal setting workshop
on 01/09/97 at 4:30 p.m.
c. Proposal to modify agenda to combine City Council and Redevelopment Agency Consent Calendars. Staff
recommends it would be a time-saving effort to combine the Consent Calendars for the Redevelopment Agency and
the City Council; if a Redevelopment Agency item is pulled, it would revert back to the normal process and be
considered on the Redevelopment Agency agenda.
MSUC (Horton/Moot) to modify the agenda to combine the City Council and Redevelopment Agency Consent
Calendars.
20. MAYOR'S REPORTfS)
a. Ratification of appointments to the Human Relations Commassion - Marcia H. Walker and Virgil Pina.
MSUC to appoint Marcia H. Walker and Virgil Pina to the Human Relations Commission, pending
verification that Ms. Walker is a registered voter in the City of Chula Vista.
21. COUNCIL COMMENTS: None.
ADJOURNMENT
The meeting adjourned at 6:54 p.m. to a closed session.
by:
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Patricia Schwenke,