HomeMy WebLinkAboutcc min 1996/12/17MINUTES OF A REGULAR MEETING OF THE
CITY OF CItULA VISTA CITY COUNCIL
Tuesday, December 17, 1996
6:02 p.m.
CALL TO ORDER
1. ROLL CALL:
ALSO PRESENT:
Council Chambers
Public Services Building
Councilmembers John 3. Moot, Stephen C. Padilia, Jerry R. Rindone, Mary Sialas, end
Mayor Shirley A. Horton.
John Goss, 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: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Employee Christmas Music Presentation. John Goss, City Manager, played "Oh Holy Night" on the saxophone,
and James Pinkney, Engineering Technician, sang "Oh Come All Ye Faithful.'
b. Proclamation commending the Chula Vista Police Department for their dedicated support and holiday spirit for
"Shop with a Cop." The proclamation was presented by Mayor Horton to the Police Department; Agent Nicole
DePriest accepted the proclamation.
c. Proclamation commending the "Police Activities League." The proclamation was presented by Mayor Hotton
to the Police Activities League; Sergeant Don Hunter accepted the proclamation.
d. Chula Vista has again been recognized as a leader in natural resource conservation. The award was presented
by the National Association of Service and Conservation Corps to the City and the Urban Corps of San Diego. Sam
Duran, Executive Director of the Conservation Corps of San Diego, and Sturt Watson, Recycling Manager,
Conservation Corps of San Diego, presented the award to the City of Chula Vista.
e. Annual Report by Port Commissioner David Malcolm. Continued to 117197.
CONSENT CALENDAR
(Items pulled: 6, 10 and 15)
BALANCE OF THE CONSENT CALENDAR OIa~'ERED BY MAYOR HORTON, READING OF THE
TEXT WAS WAIVED, TITLES READ, PASSED, AND APPROVED UNANIMOUSLY.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions takm
in Closed Session on 12/10/96, that there were no reportable actions which are required under the Brown Act
to be reported.
Minutes
December 17, 1996
Page 2
b. Resignation from the Design Review Commission - John A. Stokes. 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 2693 AMENDING CHAPTER 5.56 - TOBACCO AND WEED SALES AND SMOKING
TO PROHIBIT SELF-SERVICE SALES OF CIGARETTES, TOBACCO, AND WEED PRODUCTS (second
readinR and adoption) - On 1/17/95, Council approved a $120,000 24-month grant from the California Department
of Health Services, Tobacco Control Section. $30,000 was appropriated for the first six months of the program.
Authorization was also given by Council to execute Service Provider Sub-Contracts with a provision for extensions
through the life of the grant based on satisfactory performance and funding availability. The State authorized the
second installment of the grant, in the amount of $60,000, for fiscal year 1995/96 and now has authorized the third
installment, in the amount of $30,000, for fiscal year 1996/97. Staff recommends Council place the ordinance on
second reading and adoption. (DirecWr of Parks and Recreation) (Pulled by member of the public)
· Bob Doyle, 2750 Fourth Avenue, San Diego, CA, representing the American Lung Association, spoke in support
of the ordinance.
· Lee Zillo, 1447 Third Avenue, Chula Vista, CA, owner of Orange Liquor, spoke in opposition of the ordinance
because it will decrease business profits. He obtained a petition with 60 signatures from residents in the community
who oppose the ordinance.
· Arkan Some, 3911 North Cordoba Avenue No. C, Spring Valley, CA, Executive Director for the San Diego
Merchants Association, opposed the ordinance because of the loss of profits the merchants will incur.
· Perla Lopez, 113 Oaklawn Avenue, Chula Vista, CA, representing the YMCA, supports the ordinance because
of the health risks associated with smoking tobacco products.
· Jennifer Tolson, 648 Seavale No, A, Chula Vista, CA, representing the YMCA, suppers the ordinance because
of the health hazards associated with smoking.
· Jennifer Herzbrun, 2210 Otay Valley Road, Chula Vista, CA, representing Teens as Teacher, supports the
ordinance because it will help to prevent minors fwm smoking.
· Emily Ritter, 339 Patficia Avenue, Chula Vista, CA, representing New Voices, supports the ordinance because
she started smoking at 12 years old and later developed cancer of the voice box which required the surgical removal
of her larynx. She also explained many of the other health hazards associated with smoking.
· Debbie Kelley, 2750 Fourth Avenue, San Diego, CA, representing the American Lung Association, spoke in
support of the ordinance because it will prevent children from being influenced by the tobacco industry.
· AI Paulus, 1606 West Frontage, Chula Vista, CA, Vice President of Trepco West, spoke in opposition to the
ordinance. Trepeo West distributes tobacco products to retail stores, and the self-service displays pwvides the
merchants with income, as well as provides the consumer with the freedom to selecting products.
· Janet Hanna, 1626 Granite Hills, El Cajon, CA, representing Whispering Trees Market, spoke in opposition of
the ordinance and suggested enforcing the current laws.
· George A. Mross Jr., Ph.D., 3310 Linwood Drive, Chula Vista, CA, representing Whispering Trees Liquor,
spoke in opposition of the ordinance.
· Carol Scott, 667 "F' Street No. HI1, Chula Vista, CA, representing Whispering Trees Market, spoke in
opposition of the ordinance.
Minutes
December 17, 1996
Page 3
· Samir Somo, 1415 Third Avenue, Chula Vista, CA, owner of Amigos Market, opposes the ordinance because
of the financial loss to his business.
· Sam Attisha, 889 Third Avenue, Chula Vista, CA, representing Chula Vista Shell Station, opposes the onlinnnce
end suggested stricter enfomement of the current laws regarding tobacco products.
· Jesse Navarro, 1247 East Sen Diego Street, Sen Diego, CA, representing the Hispanic Chamber of Commerce,
opposed the ordinance because the small business owners will lose income.
· Alice Hurley, 661 Gilbert Place No. P1, Chula Vista, CA, representing the American Cancer Society, spoke
in support of the ordinance. She indicated tobacco kills more Americans each year than alcohol, cocaine, crack,
heroin, homicide, suicide, car accidents, fires, and AIDS combined.
· Simon Atty, 772 Third Avenue, C"nula Vista, owner of Third Avenue Mini Mart, spoke in opposition of the
ordinance and suggested enforcing the current laws with fmes.
· Valli Rapaport, 12450 Thornbrush Court, San Diego, CA, spoke in support of the ordinence because of the
health risks associated with smoking tobacco products. She reported that cigarette smoking is addictive, end she
could not imagine having the cigarettes displayed right next to the candy on the store counter.
· Lee Zoura, 3189 Main Street, Chula Vista, CA, owner of Bobar Liquor, opposed the ordinance because he
would lose income by not having the self-service displays.
Councilmember Padilia stated that although the ordinance will not completely solve the tobacco problem with
underage smoking, it will make a difference. In many ways, people learn through repetition. When it is difficult
to obtain a product and when a clerk has to repeatedly go to en area out of reach to the customer to retrieve a
tobacco product, it is a constant reminder what and why they are doing it. It is also an easy reminder to a juvenile
who walks into an establishment end is unable to take the product off the counter, and to the sales clerk hoping they
cen purchase it without being asked for identification. The point is, when a minor goes through the extra trouble
and has to ask for the product, it increases the chances they will be asked for identiflcetion end declined the sale.
Councilmember Moot indicated support of the ordinance end suggested continued dialogue regarding the ordinance
through the Youth Commission and Economic Development Commission for a solution that accommodates the
merchents and the consumers.
ORDINANCE 2693 OF'I~ERED BY COLINCH,MEMBER PADILLA, reading of the text was waived, ti~e
read, passed, and approved unanimously.
7. RESOLUTION 18522 AMENDING RESOLUTION NUMBER 15961 AS HAS BEEN AMENDED BY
RESOLUTION NUMBERS 15998 AND 16044 TO ADD DESIGNATED EMPLOYEES TO THE CONFLICT
OF INTEREST CODE APPENDIX - The Political Reform Act requires every local government agency to review
its Conflict of Interest Code biennially to determine if it is accurate os, alternatively, that the Code must be
amended. Council is the code reviewing body for the City agencies and any other local government agency whose
jurisdiction is solely within the City. Staff recommends approval of the resolution. (City Attorney)
8.A. RESOLUTION 18523 ELIMINATING THE ANNUAL MANDATORY UNPAID LEAVE
REINSTATING SALARY REDUCTIONS FOR EXECUTIVE MANAGERS, MID-MANAGERS AND CITY
COUNCIL AND APPROPRIATING FUNDS THEREFOR - At the 7/11/95 Council meeting, en annual
mandatory furlough program was instituted for all Executives, Middle Managers, City Council end the
Unrepresented group. This was implemented to ma'mtain consistency with the Chula Vista Employees Association's
(CVEA) recently apprnved Memorandum of Understanding. The implementation of this mandatory furlough had
Minutes
December 17, 1996
Page 4
the impact of reducing affected employees salaries by 1.92%. It is recommended that this salary reduction be
eliminated for the current fiscal year while maintaining the 40 hour leave hours and fully eliminating this program
for 1997/98. It is recommended that the furlough program remain for the Unrepresented group as they have
requested and that a $600 stipend be paid to each member and that the bilingual pay be increased commensurate
with CVEA. Staff recommends approval of the resolutions. (City Manager) 4/Sth's vote required.
B. RESOLUTION 18524 AMENDING THE FRINGE BENEFIT RESOLUTION FOR THE
UNREPRESENTED EMPLOYEES AND APPROPRIATING FUNDS THEREFOR - 4/Sth's vote required.
9. RESOLUTION 18525 APPROVING THE MEMORANDUM OF UNDERSTANDING CONCERNING
WAGES AND OTHER CONDITIONS OF EMPLOYMENT WITH THE WESTERN COUNCIL OF
ENGINEERS (WCE) FOR FISCAL YEAR 1995/96 THROUGH 1997/98 AND APPROPRIATING FUNDS -
Negotiation teams representing the City and WCE have reached agreement on a Memorandum of Understanding
covering fiscal year 1995/96 through fiscal year 1997/98. The proposed MOU was ratified by WCE members on
12/12/96. Staff recommends approval of the resolution. (Dave Byers, City Chief Negotiator for WCE) 4/Sth's
vote required.
10. RESOLUTION 18511 AMENDING THE BUDGET TO PROVIDE FOR SALARY ADJUSTMENTS
FOR CERTAIN CLASSIFICATIONS ~ Included in the 1996/97 budget were recommendations to reclassify certain
positions which were approved by Council in the budget adoption. At that time, however, there were several
classification issues that had not yet been resolved and it was anticipated that staff would remro to Council with
recommendations regarding these classifications within several months. Staff recommends approval of the
resolution. (Director of Human Resources) Continued from the meeting of 12/10/96. (Pulled by Councilmember
Pindone.)
Councilmember Rindone stated the staff report indicated part of the justification appeared to evaluate the individual
in the position rather than the position itself. In the positions re-evaluated, there is a substantial pay increase of 31
percent and 26 percent, and he asked why the salaries were so far out of alignment.
Mr. Goss explained the custodial supervisor is performing at the level of a public works supervisor and given the
comparability of duties. He is currently paid 26 percent too low; similar circumstances apply to the Administrative
Office Assistant I. This happans within any organization over time when there are changes in the types of duties
and responsibilities.
Councilmember Rindone also commenled that the staff report indicates the salaries for the supervising tree trimmer,
the Mayor's secretary, and management assistant are paid a higher salary than the Mayor. In order to attract the
position of Mayor to the second largest City, he suggested staff review this with an option to effectuate and improve
the situation.
RESOLUTION 18511 OFFERED BY COUNCILMEMBER RINDONE, rtiding of the text was waived, ti~e
read, passed, and approved unanimously.
11. RESOLUTION 18526 APPROVING A JOINT USE AGREEMENT WITH THE SWEETWATER
UNION HIGH SCHOOL DISTRICT FOR THE MIDDLE SCHOOL LOCATED IN RANCHO DEL REY
DEVELOPMENT AND VOYAGER NEIGHBORHOOD PARK LOCATED ON EAST "J" STREET - The
Rancho Del Rey Voyager Park Supplemental Subdivision Improvement Agreement was approved in July, 1995.
The project includes the development of a middle school and a neighborhood park. It is anticipated that the project,
including the construction of the middle school and the adjacent neighborhood park, will begin in March, 1997 with
completion in 1998. Staff recommends approval of the resolution. (Director of Parks and Recreation)
Minutes
December 17, 1996
Page 5
12. RESOLUTION 18527 APPROVING THE SECOND EXTENSION AND MODIFICATION
AGREEMENT TO THE COMMUNITY YOUTH CENTER OPERATING AGREEMENT WITH THE
CHULA VISTA BOYS AND GIRLS CLUB AND THE SWEETWATER UNIFIED SCHOOL DISTRICT -
On 3/12/92, the City entered into a Joint Use Agreement with the Sweetwater Union High School District end the
Boys end Girls Club for the operation end maintenance of the Community Youth Center on "L" Street. A First
Extension was authorized by Council in July, 1993 with provision to extend the agreement if the Club continued
the provision of appropriate services and support during their operational hours at the Center. Staff recommends
approval of the resolution. (Director of Parks end Recreation)
13. RESOLUTION 18528 APPROVING AN AGREEMENT WITH THE UNITED STATES OLYMPIC
COMMITTEE'S ARCO TRAINING CENTER IN CHULA VISTA FOR LANDSCAPE MAINTENANCE OF
EASTLAKE MAINTENANCE DISTRICT (ELMD) NUMBER 1 ZONE "C" - The United States Olympic
Committee's ARCO Training Center (ATC) is requesting the City enter into en agreement to allow the ATC to
maintain the 3.5 acres of landscaping end improvements along Wueste Road versus conveying the property to the
City for maintenance under the City's Open Space Section. Staff recommends approval of the resolution. (Director
of Parks end Recreation)
14, RESOLUTION 18529 APPROVING THE PRINCIPLES OF UNDERSTANDING BETWEEN THE
CITIES OF CHULA VISTA AND SAN DIEGO, RATIFYING THE RELATED LETTER AGREEMENT
DATED NOVEMBER 26, 1996 BETWEEN THE TWO CITIES, AND AUTHORIZING THE MAYOR TO
EXECUTE THE PRINCIPLES - Staff has been negotiating since August, 1996 with the City of San Diego and
the AFFORD group of participating sewer agencies of the Metro Sewer System over the appropriate costs to charge
AFFORD for the cost of improvements to the Metro Sewer System. The parties have tentatively agreed to a list
of 13 "Principles of Understanding" that are proposed to be a basis of modifying or creating a new agreement for
sewage treatment. Chula Vista has also jointly signed a letter with the City of Sen Diego concerning Principle of
Understanding Number 13, extension of capacity rights to the year 2050. Staff recommends approval of the
resolution. (Director of Public Works)
1S. 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 enhencement would include the plenting of 195 box Schinus Molles (Pepper Trees) along the slopes,
parkways end medians. They also propose to plent en additional 1,288 one-gallon Cistus Purpureas (Rock Rose)
throughout the medians. Staff recommends Council approve JM Development's request to enhence the lendscape
along East "H" Street in the EastLake Maintenence District-Zone "D", subject to staff conditions. (Director of
Parks end Recreation) (Pulled by Councilmember Rindone)
Councilmember Rindone commented he would like to see improved landscaping of the slopes, but not with pepper
trees because of their difficulty to maintain.
Jess Valenzuela, Director of Parks end Recreation, stated the planting scheme throughout Salt Creek Ranch calls
for California Peppers. This is an attempt to create the ranch theme, which triggers into other planting schemes
already approved in other landscape plans for that development. He explained there are two types of pepper trees
in Chula Vista; the Brazilian end the California pepper trees. The Brazilien pepper trees have destroyed a lot of
sidewalks end streets in the City, but the California pepper trees haven't had such en adverse impset to sidewalks
end streets. He suggested reporting on this issue at the next meeting end possibly providing photographs of the
California pepper trees.
MSUC (Horton/Rindone) to continue to 1/7/97.
Minutes
December 17, 1996
Page 6
16. REPORT WRITTEN COMMUNICATION FROM LEE ANN MEACHAM REGARDING DEFERRAL
AND LIEN AGREEMENT GRANTED TO OWNERS OF 403 QUEEN ANNE DRIVE - Lee Ann Meacham,
owner of the property at 403 Queen Anne Drive, has submitted a written communication to Council requesting that
the City remove its existing lien on the property. The lien was accepted by the City in 1987 to guarantee the future
installation of public improvements that were deferred when the Meachams had an addition done on their home.
Staff recommends Council accept the report and authorize staff to subordinate the existing lien amount to second
position. (Director of Public Works)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
· Bonnie Dillon, 942 Tenth Street, Imperial Beach, CA, expressed enncems regarding the City's Fire Code
regulations with respect to the property she owns at 590 Roosevelt Avenue. The current Fire Code requires the
structure to be rebuilt in the event of damage to 60 percent or more of the building. This problem has caused her
difficulty to sell or borrow on the property.
Mayor Horton referred Ms. Dillon to the Planning Department and the City Attorney's office for a future meeting
regarding this issue.
· Bill Ayers, 44 East Mankato Street, Chula Vista, CA, representing the San Diego County of South Bay
Veterans, presented an update regarding the approval of funding for the Chula Vista Veterans Home.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HEARING TO REVIEW AND CONSIDER ADOPTION OF THE COUNTY OF SAN DIEGO
INTEGRATED 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 for all jurisdictions within the County. The Siting Element is intended to identify the disposal
capacity needed by jurisdictions within the County for a 15 year period. Staff recommends the public hearine be
continued to the meeting of 1/7/97. (Conservation Coordinator)
MSUC Otorton/Padilla) to continue to 1/7/97.
18. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT
NUMBER 127 ALONG PALOMAR STREET FROM INTERSTATE 5 TO INDUSTRIAL BOULEVARD -
On 11/5/96, Council approved a public hearing to be held to determine whether the public health, safety or general
welfare requires the formation of an underground utility district along Palomar Street from Interstate 5 to Industrial
Boulevard. Staff recommends approval of the resolution. (Direc~r of Public Works) Continued from the
meeting of 12/10/96.
RESOLUTION 18530 ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 127 ALONG
PALOMAR STREET FROM INTERSTATE 5 TO INDUSTRIAL BOULEVARD AND AUTHORIZING THE
EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL
CONVERSION
This b~mg the time and place as advertised, the public hearing was declared open. There being no speakers, the
public hearing was declared closed.
Minutes
December 17, 1996
Page 7
Councilmember Salas askod if the formation of the underground utility district meant the taking of any of the
property on the north side of Palomar Street. In terms of the traffic impact, when the improvements are be'rag
made, there are concerns by residents of being limited to anter and exit their property. With regard to the exit from
the freeway, the traffic is already at an unacceptable level of service according to the Growth Management
Oversight Commission.
Cliff Swanson, City Enginoer, explained the formation would not require the taking of any property, and the
undergrounding will be done within the existing fight of way. When construction is done in a road area, there is
some inconvenience, but the City will work with the district to keep access to properties open at all times. With
regard to the freeway exit, the project is proposed to be done in conjunction with the widening of Palomar Street
between Interstate 5 and Industrial Boulevard, which is in a future CIP program designed to begin in FY 1998-99.
RESOLUTION 18530 OIq~'ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, ti~e
read, passed, and approved unanimously.
19. PUBLIC HEARlING TO CONSIDER THE OTAY RANCH REORGANIZATION NUMBER
CONSISTING OF ANNEXING PORTIONS OF THE OTAY RANCH TO THE CITY, DETACHING THE
OTAY LANDFILL FROM THE CITY AND DETACHING TERRITORY FROM THE RURAL FIRE
PROTECTION DISTRICT - In August, 1995, Council authorized the filing of a reorganization application with
LAFCO for the Otay Ranch Reorganization Number 1 that would annex the majority of the Otay Valley Parcel,
the Mary Patrick Birch Ranch House and the Inverted "L" to the City. LAFCO approved the reorganization,
designated the City as the conducting authority and authorized Council to complete the reorganization proceedings.
Staff recommends approval of the resolution. (Special Planning Projects Manager, Otay Ranch)
RESOLUTION 18531 ORDERING THE CHANGES OF ORGANIZATION FOR THE OTAY RANCH
REORGANIZATION NUMBER 1 ANNEXING TERRITORY TO THE CITY, DETACHING TERRITORY
FROM THE CITY AND DETACHING TERRITORY FROM THE RURAL FIRE PROTECTION DISTRICT
Richard Rosalet, Otay Ranch Project Senior Planner, stated that staff's recommendation is the resolution ordering
the reorganization to be modified to condition it to include those easements be'rag provided to the County, with
notice to the City prior to recordation of the reorganization.
Mayor Hotton stated it was her understanding that State law provided a one-year approval date from when LAFCO
approved the reorganization. which gives us until 7/1/97 to complete the process. She asked staff if we would be
able to meat that time frame.
Mr. Rosaler replied it is up to the County and the property owners to solve the land fill nuisance easement issue.
After we provide them with notice that the County finds the easements acceptable, the resolution is recorded with
the County Recorder, and the property is officially in the City.
This b~mg the time and place as advertised, the public hearing was declared open.
· Catherine Dibelka, 3705 Rudnick Drive, Jamul, CA, representing the Jamul Dulzura planning Group, spoke in
opposition of the resolution because the project encroaches the Jamul-Dulzura subregional planning area.
There being no further speakers, the public hearing was declared closed.
RESOLUTION 18531 OFFERED BY MAYOR HORTON, reading of the text was waived and ti~e read.
Councilmember Rindone commented there were recently published articles regarding the San Diego County Board's
consideration of privatizing the trash system, including the Otay landfill, and he asked staff how it would impact
this situation.
Minutes
December 17, 1996
Page 8'
George Krempl, Deputy City Manager, answered staff is currently working on those issues. As he understood it,
the County is issuing an RFP, which gives us time before the issue gets back to the Board for any decision making,
to look at the impacts on Chula Vista and decide what is in our best interest to protect the landfill, as well as protect
the adjacent land uses to make sure there aren't additional nuisance factors from any change in ownership.
Councilmember Rindone suggested directing staff to monitor the situation, work with the County to try to mitigate
any potential impacts, and to provide Council with updates regarding fixis issue.
Mayor Hotton stated with respect to the environmental regulations, we are pretty much protected under the umbrella
of the State.
Councilmember Moot asked if the process is not completed by 12/31/96, will we have to go through the procedure
all over again with LAFCO, submit a new application, and go through new hearings. If this happens, what would
this cost.
Mr. Rosaler explained the City has until 7/1/97 to complete the annexation process; if not completed, the annexation
authorization expires, and we will have to start all over.
Mr. Icdempl clarified that the 12/31/96 date related mere to the development agreements. The development
agreements entered into with various property owners contain a provision that if annexation is not effected by
12/31/96, the development agreements are null and void, and it will be a matter of modifying those development
agreements; in terms of the annexation, we have until 7/1/97.
VOTE: Passed and approved unanimously 5-0.
SAN MIGUEL RANCH PROJECT
(Item Nos. 20 - 22)
20. REPORT CONSIDERATION OF THE SAN MIGUEL RANCH SUBSEQUENT FINAL
ENVIRONMENTAL IMPACT REPORT SFEIR 95-04 IN ACCORDANCE WITH THE
RECOMMENDATIONS CONTAINED IN THE REPORT FOR THE SAN MIGUEL RANCH PROJECT
(GPA-96-01, PCM-96-05, FSEIR-95-04 - The Subsequent Environmental Impact Report for the San Miguel Ranch
project and adjacent Mother Miguel Estates parcel analyzes environmental impacts and recommends mitigation.
Staff recommends that Council consider the FSEIR. (Director of Planning) (This item does not require a public
hearlnp but is related to the following two public hearings.)
Bob Leiter, Director of Planning, stated the proposed amendment to the general development plan for San Miguel
Ranch addresses a number of policy issues, including the future alignment decisions on SR-125 and the Multiple
Species Conservation Program.
Barbam Reid, Associate Planner, gave a presentation on the project's location, biology, traffic, significant impacts,
findings, and overriding considerations regarding the final subsequent EIR for San Miguel Ranch.
Paul Maganelli, Project Manager, continued the presentation and explained the SR-125 Proctor Valley and
Horseshoe Bend alignments.
Mayor Horton expressed concern of incorporating the estate housing into the development. While there are no
guarantees with the proposal for the 50 estate houses in the north parcel, she asked how is the City going to
accommodate the balance of the housing types if we are not able to build on that particular parcel.
Mr. Maganelli replied the plan indicates two areas of low residential areas, which will be in the estate category of
1/2 acre lots, with the option of reducing the lots by 25 parcent to 15,000 square feet.
Minutes
December 17, 1996
· Page 9
Mayor Herton stated this was not her definition of estate housing, and when previously discussed, she referred to
one and two acre lots. It was also Brian Bilbray's vision to make sure there is estate housing in the South Bay and
with all of the developments being approved, this element is left out. hi order to have a balance of housing types,
the City has to accommodate the needs of the executive buyer, and she would not approve a plan unless this is
provided.
Mr. Leiter explained that staff designated an area for estate-type housing, and the specific lot sizes and other criteria
will be subject to further discussion with Council. Staff addressed the fact there were other locations within the
general plan which could accommodate estate-type housing, as well as locations within the exisfmg approved
projects.
This being the time and place as advertised, the public hearing was declared open.
· George Kost, 3609 Belle Bonnie Brae Road, Bonita, CA, spoke in opposition of the San Miguel Ranch Project
and suggested further studies be done with regard to traffic.
· Thomas Oberbauer, 5201 Ruffin Road, San Diego, CA, representing the County of San Diego Department
Planning and Land Use, spoke in support of staffs recommendation.
· Donald Jensen, 3655 Proctor Valley Road, Bonita, CA, spoke in opposition of San Miguel Ranch. He owns
a dog boarding kennel, and this development will conflict with his business. He commented that the low to medium
housing proposed for this project is far below the existing values of properties in the area.
® Mark Faulkner, 9665 Chesapeake Drive, San Diego, CA, representing Emerald Properties, spoke in support of
the San Miguel Ranch Project.
· Steve Estrada, 85 Herton Plaza, Suite 300, San Diego, CA, representing Estrada Land Planning, spoke in
support of the project and stated an extensive site analysis was prepared coveting the topographical, biological,
geological, visual, and drainage features. The goal was to develop a project that respected the land, provided a
variety of housing types, and matched the needs of the Chula Vista community.
Mr. Mayer stated the two alternative alignments for SR-125 had a direct influence on the amount of project traffic
that would use San Miguel Road. The percentage ranged from 2 percent with the Proctor Valley alignment and up
to 9 percent for the Horseshoe Bend alignment. A study identified that San Miguel Road is influenced by traffic
beyond just the traffic generated from this project.
Councilmember Padilia asked with regard to the agreement with the wildlife agencies, which the City of Chula Vista
is not a party W, what are the impacts in terms of the taking abilities on the southern parcel if the agreement does
not come to fruition.
Mr. Faulkner answered the agreement contained provisions that specifically isolate 166 acres of the northern parcel
that is separate from any acquisition by the agencies and set aside for mitigation of the biological impacts on the
south,
Councilmember Moot commented there was indication the parcel set aside in the north for potentially 50 homes was
contingent on the agencies buying the property.
Mr. Faulkner explained 500 aeras of the property was designated as a high quality target acquisition by the wildlife
agencies, and they made provisions that already went through the appraisal process to acquire the property. The
107-acre bubble Emerald Properties proposed in 9/95 fell within that acquisition because of access to the property
and the desira of the agencies to preclude development.
Minutes
December 17, 1996
Page 10
Mark Dillon, lawyer representing Emerald Properties, indicated their goal has been all along to have estate housing
in the north. From the early 1990s to today, they have been faced with a strong desire by the state and federal
agencies to preclude any development in the north, because it is a core area within the MSCP.
Councilmember Moot stated a potential area was set aside for 50 homes in the north; however, if the agencies pay
Emerald Properties a certain amount of money, they will withdrew the desire to process homes in the area. He
asked what were the agencies offering Emerald Properties in exchange for withdrewing.
Mr. Dillon answered the actual details were not yet determined, because they were still in the appraisal process.
It will not be near the value Emerald Properties would obtain if they had 107 acres and 50 lots.
· Garrett Lander, 280 Park Avenue, New York, NY, representing Emerald Properties, explained this was a three-
party negotiation with the fish and wildlife federal and state agencies. The agencies made it clear that the City's
take permits would be jeopardized if the entire north parcel wasn't preserved. There is also a requirement that
Emereld Properties set aside the remaining acreage in the noah as a mitigation bank. An environmental study
concluded through the environmental analysis that the 107-acre development was mitigatable.
Councilmember Moot asked if there was a way the City can structure into this agreement a way to preserve
development of the 107 acres so the land owner can't take it off the table.
Mr. Leiter answered the City will have the final determination regarding plans for development on the noRIn as part
of the MSCP process. In the short term, the EIR indicates there are significant impacts from that development of
50 units on 107 acres that aren't fully mitigatable.
Councilmember Padilia stated we have a mutual understanding on the amendment to the development plan, end the
City has the flexibility on the smell parcel to move the lot sizes around and configure a way to potentially provide
estate housing. He pointed out he would not vote to develop anything on the northern parcel becaus~ of the
economic, environmental, regulatory, legal, political, markerrag, and economic issues associated with the MSCP.
In the event the agreement between the applicant and wildlife agencies does not come to fruition and something
occurs with the MSCP, he requested immediate notification from staff.
Mr. Dillon commented this has been a difficult and multi-level process, and the federal and state representatives
threatened not to issue the take permits if development moved forward in the north. He added that Emerald
Properties would also risk their own take permits and its ability to develop the south parcel as well.
Councilmember Moot stated the MSCP is becoming a process in which the City of Chula Vista is asked to make
sacrifices for the rest of the County which are unreasonable, because from project to project, we are asked to forego
what other areas of the County have and enjoy. It is frustreting when the net result is always the same: we don't
get the kind of housing project we deserve in this area of the County. He would like staff to stand up for Chula
Vista and what it is we want in our community to make this type of housing available.
Councilmember Salas didn't see that a strong comrmtment to the MSCP progrem will result in a disadvantage to
the City of Chula Vista, because by Chula Vista engaging and fully supporting the MSCP progreta, the community
will benefit as a whole. The amendment to the general plan is a superior plan, because we don't have the estate
hous'mg spread out over an environmentally sensitive area and a large portion of it is preserved.
Mayor Herton indicated she supported the MSCP process and had worked with staff in promoting that. She also
worked ¢oopereftvely with City of San Diego and the other agencies who participate in the project. Chula Vista
and the South Bay contribut~l over 11,000 acres, and we are doing our share to promote the MSCP philosophy and
to be part of it. She does not see them is a balance in the community when there are other parts of San Diego that
offer the estate-type housing developments with two, three, or five acre parcels with hundreds of acres set aside for
that lifestyle. There is a demand for this different type of lifestyle, and the South Bay needs to provide that. As
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December 17, 1996
Page 11
Otay Ranch was planned, it was planned to build around concepts of villager with a lot of high density projects,
but the ranch-style living is not being provided.
Councilmember Moot stated it is an issue of South Bay's economic survival. We are not going to attract major
businesses to relocate and create jobs in the South Bay if people are commuting from other areas. If we confmuslly
lose the opportunitier to provide a place for executives who want to locate businerses in the South Bay, we are not
going to attract those businesses here.
Councilmember Rindone gave an example of a business owner who recen~y decided to locate their business in
Poway, instead of Chula Vista, because they wented estate-type housing.
Mr. Leiter suggested allowing staff an opportunity to pursue the issue of potential estate housing on the northern
parcel of up to 50 units; the EIR addressed that end provided an evaluation of the environmental impact; however,
there are still significant issues with the MSCP that need to be addressed. A possibility is to take action on the
general development plan for the northern parcel that allows for up to S0 units on the northern parcel, but make
it subject to further evaluation that it occur through the City's pursuit of the MSCP and SPA plan. Staff would be
available to repo~ back with information about the difficulty of placing estate hous'mg in this location vs. alternative
locations from an environmental standpoint.
Councilmember Padilia agreed there are economic benefits and a need for Chula Vista to have a baleneed market
to appeal to the needs of this type of potential buyer. Although he would not support any development on the
northern parcel, there is the flexibility of a portion of the southern parcel, based on the amendments, to allow
production at the SPA map level to provide some of that type of production which will achieve some of the goals.
Mayor Herton commented there is a need for this exclusive area, and 15 to 20 lots are not sufficient because it will
not be marketable.
® Billy Scott, 1522 Travelo Way, Encmitas, CA, owns part of the Scott Algia plot included in this area end spoke
in support of the San Miguel Ranch project, because the project will increase the value of his property.
· Jamer Algert, 428 Broadway, Chula Vista, CA, spoke in support of the San Miguel Ranch project.
There being no further speakers, the public hearing was declared closed.
Mr. Leiter stated if Council wanted further consideration of up to 50 units of estate housing on the northern parcel,
he recommended including a condition to the general development plan to provide for that opportunity, but subject
to further evaluation in the MSCP. If Council wented to make one or more evaluations of estate housing
opportunities on the northern parcel of up to 50 units, it would be a specific amendment as a condition of this
general development plan action.
M (MooO to amend the resolution to add language and continue having discussions with the wildlife agencies
to potentially allow estate housing in this area. Motion died for lack of second.
Mr. Dillon stated there are significant environmental criticism fwm the federal end state agencies to try to develop
any portion of the north parcel. The agencier made it clear and implicated Chula Vista's subarea plan in the
process.
Mayor Herton felt we should look for alternatives for ertate housing conducive for this type of lifestyle. The
original goal has not been accommodated, and she felt uncomfortable approving the plan with the density and not
providing what was first envisioned by County Supervisor Bilbray. She wants the City to be business friendly, but
first end foremost are the future needs of our community and the citizens.
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December 17, 1996
Page 12
21. PUBLIC HEARING GPA-96-01, PCM-96-05, FSEIR-95-04 - CONSIDERATION OF A GENERAL
PLAN AMENDMENT, AN AMENDMENT TO THE SAN MIGUEL RANCH GENERAL DEVELOPMENT
PLAN AND A FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR PROPERTY
LOCATED SOUTHEAST OF THE SWEETWATER RESERVOIR, WEST AND SOUTH OF SAN MIGUEL
MOUNTAIN AND NORTHEAST OF PROCTOR VALLEY ROAD - EMERALD PROPERTIES, INC.- The
applicant proposes to amend the Chula Vista General Plan for certain portions of the property regulated by the San
Miguel Ranch General Development Plan, a 2,590 acre residential master planned community originally approved
in 1993. These proposed General Plan changes would coincide with requested amendments to the General
Development Plan. The applicant has prepared two General Development Plan amendments, the Horseshoe Bend
Plan and the Proctor Valley Plan, each reflecting an alternate alignment for State Route 125, a planned tollway
which will either bisect the property or traverse its edge. The Plan, which reflects the alignment chosen by the
State, would be the Plan which goes forward to the next planning phase. Staff recommends approval of the
resolution. (Director of planning)
RESOLUTION 18532 CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(FSEIR 95-04) FOR THE SAN MIGUEL RANCH PROJECT; AMENDING THE GENERAL PLAN OF THE
CITY OF CHULA VISTA FOR THE SAN MIGUEL RANCH PROPERTY (GPA-96-01); APPROVING AN
AMENDMENT TO THE SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN (PCM-96-05);
MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
RESOLUTION 18532 OI~'ERED BY COUNCILMEMBER PADILLA, reading of the text was waived, title
read, passed, and approved 4-1 with Horton opposed.
22. PUBLIC HEARING GPA-96-02, PCZ-96-C; CONSIDERATION OF A GENERAL PLAN
AMENDMENT AND PC PLANNED COMMUNITY PRE-ZONE FOR APPROXIMATELY 10.1 ACRES
LOCATED ADJACENT TO THE NORTH SIDE OF THE SOUTH PARCEL OF THE SAN M1GUEL
RANCH PROPERTY--ALGERT/SCOTT (MOTHER MIGUEL ESTATES) The ownera 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 elassi~cetion requested for the sdjaeent
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 first reading and
approve the resolution. (Director of Planning)
ORDINANCE 2694 APPROVING THE PREZONING OF APPROXIMATELY 10.1 ACRES TO THE PC
ZONE (PCZ-96-C) (tint reading)
RESOLUTION 18533 CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(FSEIR-95-04) FOR THE SAN MIGUEL RANCH PROJECT WHICH INCLUDES THE MOTHER MIGUEL
ESTATES PROPERTY; AMENDING THE GENERAL PLAN OF THE CITY FOR THE MOTHER
MIGUEL ESTATES PROPERTY (GPA-96-02); MAKING CERTAIN FINDINGS OF FACT PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
ORDINANCE 2694 AND RESOLUTION 18533 Ok}ERED BY MAYOR HORTON, reading of the text was
waived, titles read, passed, and approved unanimously.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
Minutes
December 17, 1996
Page 13
ACTION ITEMS
23. RESOLUTION 18534 APPROVING THE CONCEPT OF THE PROPOSED WORKFORCE AND
EMPLOYER'S SERVICE CENTER (WESC)/SAN DIEGO COUNTY OFFICE FACILITY, AND
DIRECTING STAFF TO ASSIST THE WESC/COUNTY IN SECURING A FACILITY IN CHULA VISTA
AND TO IDENTIFY RELATED FINANCING OPTIONS; AND TO PREPARE AN MOU FOR
COOPERATIVE ECONOMIC DEVELOPMENT EFFORTS - The WESC, a broad based collaborative of job
training entities, are looking for a facility with the County considering co-locating offices. The proposed WESC
would be an asset to the City's labor force and economic development efforts. The Bayview Commerce Center and
a proposed build-to-suit parcel behind the Broadway Price Club have been identified as potential sites. Staff
recommends approval of the resolution. (Director of Community Development)
Cfu'is Salemone, Director of Community Development, stated that WESC will benefit the community, the region,
and provide future access to funding sources. Staff feels because this is potentially a redevelopment project,
economic development benefits could accrue to the Redevelopment Agency, and the sites identified are appropriate
from a land use point of view, as well as access to freeway and mass transportation.
Cheryl Dye, Economic Development Manager, stated that WESC is a proposed collaboration of employment service
proriders to create a one-stop center for services to employers and employees. It means enhanced access to services
such as employee recruitment, screening, hiring, on-the-job training, and customized training to Chula Vista
employers, as well as counseling and job placement services to the Chula Vista labor force. The WESC program
is an expansion of the existing South County Career Center in Chula Vista and will improve services to businesses
and residents in Chula Vista. Staffs recommendation is (I) for Council to give conceptual approval to the WESC
collaboration and for staff to continue assisting the WESC group to find a facility that meets their needs in Chula
Vista, (2) for staff to assist the WESC group to identify fmancing options as it relates to one or both of the sites
in Chula Vista, and how those financing options might entail WESC member and/or City participation, and (3)
direct staff to work with the WESC collaboration to develop a Memorandum of Understanding in terms of
cooperative economic development efforts, specifically as it relates to employer services. She added that these
recommendations do not entail any financial commitment on the City's part or any fiscal impact at this point.
· Steve Olsen, 1045 Tierra del Rey, Chula Vista, CA, representing the California Employment Development
Department, spoke in support of WESC because this concept will lead to an area-wide network and provide
economic educational social services that benefit the County.
· Greg Cox, 647 Windsor Circle, Chula Vista, CA, San Diego County Supervisor, spoke in support of the
resolution and stated the program will assist with welfare reform.
· Michael Fowlkes, 8401 Acre Drive, San Diego, CA, representing the San Diego Consortium and Private
Industry Council, spoke in support of WESC.
· Sally B. Hazzard-Diaz, 1255 Imperial Avenue, San Diego, CA, Assistant Deputy Director for the County of
San Diego Department of Social Services, spoke in support of WESC. It will positively impact the public assistance
GAIN participants and will target job opportunities best suited for recipients to find and retain employment.
· Mary Wylie, 900 Otay Lakes Road, Chula Vista, CA, Dean of Economic Development/Customized Training
Division at Southwestern College, spoke in support of WESC, because it will be an effective economic development
tool providing needed services to job seekers and employers.
· Andy Campbell, 1130 Fifth Avenue, Chula Vista, CA, Assistant Superintendent for planning and Facilities for
the Sweetwater Union School District, spoke in support of the resolution. He has worked with this consortium for
about 1-1/2 months and looked at private and public financing of the facility. Private financing requires a
commitment from the agencies for 80 parcent occupancy for 20 to 25 years, and none of the agencies are able to
Minutes
December 17, 1996
Page 14
make that type of commitment because of their short-term funding; therefore, he suggested the consideration of
public financing.
· Linda Blairforth, 497 - 11th Street, Imperial Beach, CA, Executive Director of Comprehensive Training
Systems, spoke in support of the resolution.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, spoke
in support of the resolution, and stated this is an opportunity for the City to provide employees to employers who
want to bring their business to Chula Vista.
· Bennet Greenwald, 3330 Poe Street, San Diego, CA, representing the Greenwald Company, spoke in support
of the resolution, because WESC will bring many jobs to Chula Vista and increase business revenue.
RESOLUTION 18534 OFFERED BY MAYOR HORTON, reading of the text was waived and rifle read.
Councilmember Rindone mentioned that some of the educational institutions that want to actively be a part of WESC
are: National University, Sweetwater Union High School District (Regional Occupational Program and Adult
Education Program), San Diego County Office of Education, San Diego State University, Southwestern Community
College, and the University of California San Diego.
Mayor Herton indicated a preference for the Greenwald proposal because it includes a child care center.
Councilmember Salas mentioned she had the opportunity of working with the South County Career Canter and saw
what a tremendous service they supply for companies looking to fill their work force needs. With the current
rapidly changing work force, there is a need to prepare our work force for the high technology jobs to come.
VOTE ON MOTION: Passed and approved unanimously 5-0.
***Meeting recessed at 8:30 p.m. and reconvened at 8:54 p.m.***
24. RESOLUTION 18535 WAIVING THE SEWER CONNECTION CHARGE FOR SAN DIEGO GAS AND
ELECTRIC COMPANY, MCA, INC. AND WHITEWATER WATER PARK, INC. BASED ON PURCHASE
OF METRO SEWAGE CAPACITY FROM CITY OF NATIONAL CITY AND APPROVING PURCHASE
OF SEWAGE CAPACITY FROM CITY OF NATIONAL CITY - San Diego Gas and Electric Company has
been ordered by the Regional Water Quality Board to desist in depositing certain waste waters from operation of
the Power Plant into the San Diego Bay and inslead deposit it into the sewer. Other projects in Chula Vista also
have special circumstances whereby they want sewage capacity, but want relief in the City's Sewer Connection
Charge of $2,200 per Equivalent Dwelling Unit (EDU). Staff has proposed that for special circumstances, if
additional capacity can be purchased in the Metro System from another system, the City would consider waiving
the connection charge. Staff recommends approval of the resolution. (Director of Public Works)
RESOLUTION 18535 Ok'FERED BY COUNCILMEMBER RINDONE, reading of the text was waived, title
read, passed, and approved unanimously.
25. REPORT PROPOSED DEVELOPMENT OF A SPECIFIC ARTS PROJECT ON THE BAYFRONT
FOR FUNDING BY THE SAN DIEGO UNIFIED PORT DISTRICT'S ART FUND - The San Diego Unified
Port District approved a Public Art Master Plan in 1992. One purpose of the plan is to enable the provision of
artwork on the tidelands around San Diego Bay for the enjoyment of residents and visitors. The Port's intention
is to have member cities assist with the selection of the art to be placed within each community. The Port has set
aside in excess of $4,500,000 to fund various art projects proposed by member cities. The Port has hired a full-time
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December 17, 1996
Page 15
Public Art Coordinator to oversee the proposal process and selection of artwork, and the disbursement of funds.
Staff recommends Council: (1) Direct staff to proceed with submitting the proposed art project to the San Diego
Unified Port District for consideration of funding and installation; (2) Support staffs recommendation for the choice
of art pieces; (3) Support staffs preferred installation site recommendations (Option Number 1 - "F" Street - Lagoon
Drive), however, three site options would be submitted to the Port District; and (4) Provide direction on pursuing
other art-related ideas that were generated by the community, staff and Council for inclusion in future projects on
the bayfront. (Director of Parks and Recreation)
Jess Valenzuela, Director of Parks and Recreation, presented two art pieces proposed to be submitted to the Port
Authority for funding; the Port Authority has approximately $4.5 million set aside for a public arts fund.
Councilmember Rindone suggested considering the artistic rendering symbolic for the City of Chula Vista in the
future.
MSC (Horton/Rindone) to approve staff's reconnnendation, passed and approved 4-0-1 with Padilia absent
(who had stepped away from the dais momentarily).
ITEMS PULLED FROM THE CONSENT CALENDAR
(Items 6, 10, and 15 were pulled and discussed at this point,
but the minutes reflect the published agenda order.)
OTHER BUSINESS
26. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. John Goss, City Manager, suggested changing the direction and policy for the
workshops to the second Thursday of the month due to a conflict with a Councilmember's schedule. Council
b. Metro Sewer Committee. Mr. Goss suggested the appointment of Mayor Herton to the Metro Sewer
Committee, with John Goss or his designee as an alternate. Council concurred.
27. MAYOR'S REPORT(S)
a. Ratification of Appointment to the Library Board of Trustees - Eleanore Valdovinos.
MSUC (Herton/Moot) to appoint Eleanor Valdovinos to the Library Board of Trustees.
28. COUNCIL COMMENTS
Councilmember Rindone
Third Avenue Lights: He requested staff to look at improving the lights and theme to encourage shopping and a
better ambiance for the evening.
Traffic Light: He requested staff to review the synchronization of the traffic light at Second Avenue and "L" Street.
Minutes
December 17, 1996
Page 16
Donation to South Bay Community Services: He proposed for Council and the Executive Managers to each pledge
$50 to the South Bay Community Services.
The meeting adjourned at 11:54 p.m.
Respo~tfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Pat~cia Schwenke, Deputy City Clerk