HomeMy WebLinkAboutcc min 1994/03/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 15, 1994 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader
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: March 8, 1994.
MSC 0torton/Fox) to approve the minutes of March 8, 1994 as presented, approved 4-0-0-1 with Nader
abstaining.
4. SPECIAL ORDERS OF THE DAY:
4a. Oath of Office: Oscar C. Arias - Cultural Arts Commission. Mr. Arias was not in attendance
4b. Proclamation declaring March 14 - 21, 1994 as "NATIVE AMERICAN DAYS IN THE CITY OF
CHULA VISTA". The proclamation was presented by Mayor Pro Tern Horton to Mary Slovinsky, Chairman of
the Human Relations Commission.
CONSENT CALENDAR
(Items pulled: 5a and 10)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the text was
waived, passed and approved unanimously.
5. WRITTEN COMMUNICATIONS:
5a. Letter from citizens of Fox Hills, Sunbow and East "J" Street requesting support in getting the
SDG&E transmission line diverted or put underground - James Wesley, M.D., President, STOP, 1128 Sundown
Lane, Chula Vista, CA 91911. It is recommended that this request be referred to staff for evaluation and report
back. Pulled from the Consent Calendar.
Mayor Nader stated there was reference made to a project manager in the staff report and questioned who that was
what the natare was of that work assignment. He asked if the role of City staff was strictly gathering and
dissemination of information.
Chris Salomone, Director of Community Development, responded the person coordinating it for the City was Pam
Buchan with assist from Planning and the Environmental Coordinator. She was attending all public hearings, a
recorded line had been set up, and the City was the clearing house for the material emanating from all the different
agencies involved in the hearings. Staff was in the process of gathering information, ultimately staff would be
preparing a staff report for Council following the final staff assessment which looked to be many months away.
Minutes
March 15, 1994
Page 2
Mayor Nader believed the assurance he had received from staff was that no one would take a position on behalf
of the City on the project.
Mr. Salomone stated that was correct, staff was in an information gathering mode.
Mayor Nader stated there had been a misconception regarding that and he had directed staff that when letters and
calls came into the Mayor/Council office to clarify that with the public and he hoped that had been done. He felt
Council should consider having an informal task force, non-budgeted, with citizen input to help formulate what
position, if any, the Council should take on the proposed project and what options there might be for assuring
resident concerns were met while making sure the energy needs of the region were adequately addressed. He
envisioned the task force not only working with City staff but with SDG&E and reporting their recommendations
to Council as well as State bodies.
· Maria Hemandez, 1112 Sundown Lane, Chula Vista, CA, stated she was concerned with the electro-
magnetic waves in open spaces and their effects on the human body. In other major cities in the USA and europe
230 kv lines were not permitted within city limits. She opposed the project and felt it would jeopardize the quality
of life and health of those in the area.
· Luis Ayup, 1116 Sundown Lane, Chula Vista, CA, member of the Committee to Stop Destruction of
Sunbow Canyon, stated they hoped to either divert the lines or have them buried underground.
· Cesar Lopez, 1156 Sundown Lane, Chula Vista, CA, stated he had been working with the California
Energy Commission team and his major observance was that when they presented the needs and use of the electric
power generated in the area it was not clear whether the power generated would be used locally or exported outside
the City. They should seriously consider locating power plants in the outskirts of the City and avoid criss-crossing
neighborhoods and heavily populated communities. SDG&E had thrown out several proposals and he felt socio-
economic and other constraints needed to be considered also. He requested Council support to stop the project or
burying the lines with three barriers.
· James Wesley, 1128 Sundown Lane, Chula Vista, CA, member of the Committee to Stop Destruction of
Sunbow Canyon, stated they had been fairly active with the project for the last three months voicing their coneerus
to the State commission. They were not arguing the health issue, but that it impacted the character of the
neighborhoods. The visual impact would be so extreme it would make the neighborhoods a less desirable place to
live. The open space district was established to benefit the residents of Sunbow and they perceived that open space
as part of their community and part of the reason they wanted to raise their families there. They felt the City should
be more aggressive in helping them as it damaged the neighborhoods and the City and it was an important issue for
thousands and thousands of people. The Council should at least acknowledge there would be damage done to the
neighborhoods.
Mayor Nader stated he wanted to establish that there had been some communication on a person to person basis.
He would look to Mr. Wesley and some of the neighbors he represented to provide input to the City to help Council
formulate a position, if any, and on what basis. The idea of a task force seemed to be the most intelligent way to
develop any City input the Council may want to provide to the State commissions.
Mr. Wesley stated SDG&E's argument was that it was very expensive to bury the lines. Senator Peace had taken
a much more aggressive position. He felt an elected officials acknowledgement that it caused visual damage to
neighborhoods and the City would be very powerful and effective.
Mayor Nader stated he would be happy to send such a letter on his behalf outlining the concerns. He felt the
Energy Commission would be looking for more than what the position was of the elected officials in opposition to
visual blight or potential health hazard in the community. The Energy Commission would be looking at balancing
the negatives and positives, if any. The positives would be what need there was for the project, therefore, they
needed to look at the alternatives for the Energy Commission to consider. He felt that position from the City would
Minu~s
Mar~h 15, 1994
Page 3
do them more good than an individual letter from him. He wes hoping staff would meet with people that could give
some recommendations.
Councilmember Fox stated he agreed with the Mayor that Council needed to make informed intelligent decisions,
but felt they may have a lot of the information already. The recommendation from staff was to wait for their report,
which would be after the Final Staff Assessment, and before the hearings began. He questioned why Council would
not comment in the Preliminary Staff Assessment stage.
Mr. Salomone responded that it was possible the City would comment and they were gathering that information.
Councilmember Rindone stated he was intrigued that they were focnsing on the visual blight rather than the medical
concerns. He questioned if that was typical of the committee Mr. Wesley was representing.
Mr. Wesley responded that some of them had more knowledge in the scientific field and the verdict was not out
on the health effect of EMF. The project clearly increased the electrical field going through those residential areas
· and it was probably not a prudent decision to go forward with such a project until the scientific community had
established proof. He did believe it was a strong argument.
· Larry Langhery, 1164 Sundown Lane, Chula Vista, CA, stated there was also pollution of noise. He had
to dose his windows when it was foggy, raining, or misty because it was so loud it vibrated his w'mdows. It was
proven that the lines did cause visual pollution and property values were devalued. As far as anyone knew, the
electricity would not help Chula Vista.
Mayor Nader stated it was vitally important that any comment the Council made as a City had some expertise and
creditability behind it to have serious effect. He questioned if staff had a process in mind for doing the research
and gathering the information necessary to accomplish that.
Mr. Salomone responded that staff had not developed a unique process that had not been used in other reviews.
Due to the size and uniqueness of the project he felt staff would develop the most sophisticated response they had
ever done.
n Pat Bames, representing SDG&E, stated in some cases SDG&E did own the land in fee and in other eases
it wa owned by the developer and deeded over to the City after the development was completed. Their easement
through Sunbow had been there since the late 50's or early 60's.
Councilmember Moore stated it was his understanding that if a new plant wa built an existing plant would be taken
off-line. If a new plant did come on line and Plant #3 was taken off-line, it would result in less pollution in western
Chula Vista. He questioned what the new poser line support tower would look like.
Mr. Salomone responded that it was yet to be determined, there were some various alternatives.
Mayor Nader stated one of the many areas he hoped staff would look at would be whether one of the plants would
go off-line if the project was approvad and why additional lines needed to be approved if it was a replacement for
another plant.
MS (Nader/Fox) 1) send a letter to the Energy Commission outlining essential concerns with the project as
far as visual impacts, potential noise impacts, unresolved health questions and indicating that staff was
conducting a more thorough review of the Preliminary Assessment document and that additional input would
for forthcoming; 2) direct staff to come back, far enough ahead of the deadline for submitting comments so
Council could look at the comments and make a decision as to whether they accurately reflected what Council
wanted as a City position, i.e. staff should come hack no later than the second week of May, not necessarily
with word for word of what was being drafter to submit to the Energy Commission, but at least with the
essential information Council needed to review to determine if staff was on the fight track; and 3) direct staff
to meet simultaneously with representatives from SDG&E, STOP, and with any other individuals whose
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March 15, 1994
Page 4
expertise would contribute materially, to solicit their input on the issues that were raised by the SDG&E
project.
Mayor Nader felt the intent was to take a position that those concerns ne~ed to be addressed in a manner consistent
with protecting the quality of life of the citizens before the project was allowed to go forward. The City was not
taking a position against any project by SDG&E regardless of what they may be able to do to address the concerns.
The City would be taking a position that there were concerns they wanted the Energy Commission to address before
proceeding with the project.
Councilmember Moore felt the motion was primarily to obtain appropriate data sufficient to make a policy position
regarding the particular prnjoct as it affected the City and its property owners and occupants.
Councilmember Rindone felt the emphasis of the letter should be on the local issues. It was his understanding that
SDG&E had temporarily withdrawn their applicatinn with the PUC and part of that may be that they were exploring
other options. If there were other alternatives or methods the City needed to focus attention on that.
Mayor Nader stated he was unaware of what the alternatives or methods would be and so his intent was to send a
letter right away explicitly describing what the issues were and asking the PUC to address those and that there would
be follow-up comments to the Preliminary Assessment. The thrust of the letter was to highlight the three areas of
concern listed in the motion.
VOTE ON MOTION: approved unanimously.
* * * Council recessed at 9:45 p.m. and reconvened at 9:56 p.m. * * *
6. ORDINANCE 2582 ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER
IMPROVEMENTS WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEWAGE IS DIVERTED
FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUILDING
PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS BASIN
(second reading and adoptionl - On 10/20/92, the City established the Telegraph Canyon Sewer Development
Impact Fee. Based on the "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment
Incorporating Pumped Flows" a fee of $560 per pumped Equivalent Dwelling Unit (EDU) should be established.
Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works)
7. ORDINANCE 2590 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL
CODE - DECREASING STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN AREAS AND
AFFIRMING A SPEED LIMIT OF 30 M.P.H. ON OXFORD STREET FROM BROADWAY TO THE CUL-
DE-SAC AT THE WEST END, AND ADDING THIS LOCATION TO SCHEDULE X (first reading} - In
response to a request from the Police Department and in the interest of minimizing traffic hazards and congestion
for the purpose of the promotion of public safety, the City Engineer determined on the basis of Traffic Engineering
studies that there was a need to post a speed limit of 30 MPH on Oxford Street from Broadway to the Cub-de-Sac
1,335 west of Broadway. Staff recommends Council place the ordinance on first reading. (Director of Public
Works)
8.A. RESOLUTION 17414 TERMINATING LEASE AGREEMENT WITH THE ASSEMBLY RULES
COMMITTEE AND APPROVING LEASE AGREEMENT WITH THE SENATE RULES COMMITTEE OF
THE STATE OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE B) TO
SENATOR STEVE PEACE - A two-year agreement for office space (Suite B) leased to the Assembly Rules
Committee (for Steve Peace) is scheduled to expire in November 1994. With the recent election of Mr. Peace to
the California State Senate, the lease agreement for his office space needs to be changed to the Senate Rules
Minutes
March 1S, 1994
Page 5
Committee. In addition, the Assembly Rules Committee desires to lease the office space (Suite C) formerly
occupied by Senator Wadie Deddeh. New lease agreements are now proposed for both Suite B and Suite C at 430
Davidson Street. Both agreements are to be effective 1/10/94 and terminate on 11/30/94. Staff recomtnends
approval of the resolutions. (Administration)
B. RESOLUTION 17415 TERMINATING LEASE AGREEMENT WITH THE SENATE RULES
COMMITTEE AND APPROVING LEASE AGREEMENT WITH THE ASSEMBLY RULES COMMITTEE
OF THE STATE OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE C)
9. RESOLUTION 17416 APPROVING AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT FOR POLICE AND FIRE SERVICES FOR FISCAL YEAR 1991/92 THROUGH FISCAL YEAR
1993/94, AND AUTHORIZING MAYOR TO EXECUTE SAME - The City has been negotiating with the San
Diego Unified Port District on agreements for the provision of City police and fire services to tidelands property
within the City's jurisdiction. The agreement under consideration covers the Fiscal Years 1991/92, 1992/93 and
1993/94, and was approved by the Port District Board at its 2/22/94 meeting. The City is currently negotiating a
multi-year agreement for subsequent Fiscal Years. Staff recommends approval of the resolution. (Management and
Information Services)
Councilmember Rindone stated the fiscal impact was not clear in the staff report and questioned what the annual
contract amounts were for the past two years and the present year. He further questioned whether there would be
an escalator clause negotiated for the next two years.
Shauna Stokes, Senior Management Assistant, responded the amount received for FY 1993/94 was $479,000. For
the previous two fiscal years it was approximately $460,000. Staff felt the amount would go down over the next
two years and were currently negotiating with the Port District for the level of those services for the next two years.
10. RESOLUTION 17417 ACCEPTING BIDS AND AWARDING CONTRACT FOR ONE 105 FOOT
AERIAL LADDER TRUCK TO SMEAL FIRE APPARATUS COMPANY; REJECTING TWO BIDS AS
NON-RESPONSIVE, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE PURCHASE
ORDER -The 1972 Crown aerial ladder truck in use has exceeded its replacement schedule of 20 years and was
approved by Council to be replaced in Fiscal Year 1993/94. Staff recommends approval of the resolution. (Interim
Finance Administrator and Fire Chief) Pulled from the Consent Calendar.
Councilmember Rindone questioned the unit prices of the two late bids.
Susan Merrill, Interim Finance Administrator, responded that the late bids were sent back unopened.
Councilmember Rindone questioned whether the truck would require new staffing.
James Hardiman, Fire Chief, stated the apparatus would carry the existing staffing which was a twenty-four hour
staffing. He clarified that the rescue unit was one of the busiest units in the City, when that company was on a
medical call it was the same company that would staff the ladder truck. That had been the current staffing policy
in the City since the three platoon system had been adopted Ln the 1970's. The staffmg of the ladder company
would occur whenever there was not a simultaneous medical call. Statistically that was not a frequent occurrence,
but from an optional staffing point of view staff would continue to reevaluate the need to increase staff in the Fire
Department.
Councilmember Rindone requested a memo clarifying the staffing issue.
RESOLUTION 17417 OI~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-1 with Herton absent.
Minutes
March 15, 1994
Page 6
11. RESOLUTION 17418 AMENDING SCHEDULE H, SECTION 10.52.030 OF THE MUNICIPAL
CODE - SPECIAL STOPS REQUlRED AND AFFIRMING TRIAL TRAFFIC REGULATION NUMBER 131
FOR AN ALL-WAY STOP AT RANCHO DEL REY PARKWAY AND PASEO RANCHERO AND ADDING
THIS LOCATION TO SCHEDULE II MAKING THIS STOP PERMANENT - Upon completion of the new
Discovery Elementary School, the City Engineer determined on the basis of Traffic Engineering studies that them
was a need to post an all-way stop at the intersection of Rancho del Rey Parkway and Paseo Ranchero. Staff
recommends approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING PROPOSED FORMATION OF OPEN SPACE DISTRICT NUMBER 31,
TELEGRAPH CANYON ESTATES - On 1/25/94, Council approved the Engineer's Report on the proposed Open
Space District Number 31, Telegraph Canyon Estates and set 3/8/94 and 3/15/94 as the dates for the public hearings
on the proposed formation. Staff recommends approval of the resolution. (Director of Public Works)
RESOLUTION 17419 ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN
SPACE MAINTENANCE DISTRICT NUMBER 31, TELEGRAPH CANYON ESTATES, CONFIRMING
THE DISTRICT DIAGRAM AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1994/95
John Lippitt, Director of Public Works, stated it was the second hearing as required by law. Council had been
given a copy of the notification given to those purchasing property regarding the use of the open space area by the
general public.
Mayor Nader stated he was not at the last hearing and had not had the opportunity to review the video tape and
questioned whether he should participate.
City Attorney Boogaard responded that if the Mayor had read the minutes it would be adequate.
Councilmember Fox felt it was an extra ordinary situation and that portion of the notice should be in larger print
and/or include a space for the purchasers initials.
Councilmember Moore stated such notice was originally started with EastLake and was in red type. It was
Council's intent at that time that all assessments the homeowner wonld pay were to be included on one page. If
there were more assessment districts than three, the present notification on page 12-18 was inappropriate.
Mayor Nader stated it was his belief the City had an ordinance whereby all special assessments would be noticed
in a certain size and color of lettering. He questioned whether the ordinance was not applicable to that particular
notice. If he was wrong regarding the requirement for a certain size and coloring on the notice he expected staff
to return at the next meeting with what ever amendments were needed to correct it.
Mr. Lippitt stated he was uncertain as to the requirements in the ordinance and would check. If color type was
required the developer would have to comply.
This be'me the time and placed as advertised, the public hearing was declared open.
· Tim O'Grady, 11975 El Camino Real, San Diego, CA, representing The Baldwin Company, stated they
concurred with the staff recommendation and had no problem in complying with the City's disclosure ordinance.
He had been asked at the last hearing to brief the Council on why they pursued the open space maintenance district
as opposed to the homeowners association. The intent was to provide the most efficient and cost effective way of
providing services to the project. The biggest concern was cost, only $21,000 the total budget for the open space
maintenance district was attributable to the maintenance of the park and tennis facilities which equated to $5.00 per
Minutes
March 15, 1994
Page 7
homeowner per month. Traditionally, when going with a homeowners association it ranged from $10 - $20 per
month and could be double or triple the amount to hire the management company to maintain the facilities rather
than utilizing the systems in place for the collection and levying of the fees. Of the $21,000 for maintenance of
the facility, $11,000 was for landscape. If they pooled the landscape with the slope landscape contract they were
able to reduc~ the landscape contract even further. Additionally, there was a clear delineation of responsibilities,
there would not be two parties maintaining facilities within the project. Experience had shown that the facilities
in question typically were of intesest only to the parties within the community. As there were no physical barriers,
it would have been difficult to keep the general public out.
· Sidney Schwarz, 1851 Carolyn Drive, Chula Vista, CA, representing the Canyon View Homeowners
Association, spoke in opposition to the staff recommendation against the consolidation of Open Space Districts 31
and 24. There were only forty residences sharing the cost of District 24 and the only viable and equitable way to
solve that problem was consolidation with another district. While property owners were told there would be a tax
the amount of tax was unknown at the time of purchase. The scenic corridor was a conceptual item and there was
no assurance that such a corridor would ever come through. The scenic corridor would only cover median strips
and parkways which would be an extremely small portion of the open space district. Economically, the
Homeowners Association could not come close to the cost of maintenance enjoyed by the City. He felt the oth~r
alternatives under r~view were also not acceptable. Consolidation with future open space districts would be
impossible because they would be so remote in distance and distinct in composition that it would lack any rationale
basis for consolidation with Open Space District 24.
Councilmember Fox stated Council had been told the City could not legally justify giving equal assessments to Open
Space District 24 and 31. He questioned whether there was a legal requirement for a neighborhood connection or
that the open space districts be contiguous.
Mr. Lippitt stated it was an assessment engineering decision based on the facts of the benefits received. He did not
believe there was a legal requirement that they had to be connected. They could be consolidated, but the question
was how the assessments would be spread as it was a completely different benefit.
Mr. Schwarz stated they were in the "H" Street corridor and one of two principal accesses to the commercial area
on East "H" Street.
Councilmember Herton noted the report stated the City Attorney was of the opinion that the assessment charged
each area had to be different and she requested clarification.
City Attorney Boogaard stated the legal standard stated there needed to be some commonality of benefit by all
payers of the district. The legal standard was provided to the Engineering Department and they then supplied the
facts that convinced him that there was no commonality between the two improvement districts. One was a scenic
corridor and one was a neighborhood improvement, not occupied by the same people, they did not see the same
improvements. He felt the Engineering Department was on sound legal ground to conclude there would not be a
commonality of benefit. The only other way would be to create two separate zones under the law and that would
have the same effect as present with two separate districts.
Mayor Nader questioned if the City was legally precluded from consolidating the districts and spreading the
assessments equally among all payers in the district.
City Attorney Beogaard stated that was correct.
· Robert Agae, 1847 Carolyn, Chula Vista, CA, resident in Open Space District 24, stated the cost savings
that had been done to date were a combination of two things, i.e. combining the open space district with Bonita
Long Canyon and bidding for the whole job. Because it had not been taken over by the City immediately the titst
couple years of assessments had been banked and they had a large reserve. Their own money, plns the cost savings,
had lowered the assessment. In the future, if nothing was done, it would go right back to $680.
Minutes
March 15, 1994
Page 8
Mr. Lippitt stated from the $680 to $500 staff felt was the savings by clustering, the rest of it down to $280 was
because of the reserve. It would go back up to the $500 range if they did not combine with District 31.
· Lou Borda, 1846 Carolyn Drive, Chula Vista, CA, resident in Open Space District 24, stated every time
there was a permanent solution on the table there seemed to be some legal reason it could not be done. The forty
homes in the district would always have a disperportionatly higher assessment unless the districts were consolidated.
He questioned what tangible benefit he received when it went back up to $650 per year.
There being no further public testimony, the public hearing was closed.
Councilmember Moore stated it was an unusual district, but he would not consider reducing District 24's costs by
increasing another district's costs. Staff needed to come forth with another solution. He could not support the item
as the property owner was paying for the park and it would be utilized by the general public. He understood it was
a State law and he felt it should be changed.
Councilmember Rindone suggested that when the report came hack to Council it should include an analysis of the
size of the various districts and the average and if there was a variance from the mean. The City should look at
the components of the district that varied from that mean and separate the scenic corridor value, which was a
general value to everyone, from the residents value of the open space district which would be their responsibility.
He also wanted to know if there were other districts of significantly smaller size. if there were one or two staff
should return with a formula for the value of the scenic corridor to the City. Council needed to address District
24 un a long term basis. He would vote for the staff recommendation because the issue of consolidation was not
a solution.
Councilmember Horton stated she had a problem in approving the item as she could envision the chambers being
packed with people in the future complaining that they were paying for the facility, but did not have 100% use of
the parks because they were overcrowded by people living outside of the area.
RESOLUTION 17419 OH~IERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and
approved 3-2 with Horfun and Moore opposed.
MSUC (Rindoneatorton) to direct staff to explore every option to reduce the assessment in Open Spare
District 24 and in addition the method of exploring the small districts from the average mean and bifurcating
the costs of the scenic corridor from the maintenance of the open space to reduce the costs of those small
districts.
Mr. Lippitt stated the report on the options, particularly for District 24, would be back before the June hearings.
Looking at the City-wide corridor issue, which involved many thousands of parcels and issues in the eastern area,
would come back next year.
Councilmember Rindone stated that was not satisfactory. District 24 was either the highest or second highest
assessment and the City needed to look at what the value was for the scenic value for those top two districts or
districts in the same situation. That would reduce the amount of study needed and allow staff to focus on those
particular areas impacted.
Mayor Nader stated he concurred with the motion and questioned whether staff would move up the timetable for
the report.
Mr. Lippitt responded that they would.
MOTION: (Moore) to direct the City Manager to prepare correspondence for the Mayor's signature to State
legislators County-wide regarding the open space assessment districts consisting of hillsides, permanent
canyons, and flora and fauna, i.e. without facilities, within the planned communities being open to the general
Minutes
March 15, 1994
Page 9
public when full operation and maintenance costs were paid by the district homeowners. Motion died for lack
of second.
MS (Nader/Fox) to direct stuff to prepare a letter for the Mayor's signature requesting that the State change
the law to allow local govermnents the right, at their option, to restrict open space access to those paying into
the district.
Councilmember Rindone stated the present Council, and probably the previous Councils, wanted parks open to the
public. The problem was how to get them paid for. They needed to be careful that the parks were kept public and
the payment was assessed ahead of time so those buying into it realized that and did not have a continual on-going
assessment. District 24 was a special situation. The City should not use open space to substitute for the payment
of parks.
VOTE ON MOTION: approved unanimously.
City Manager Goss stated unless staff was directed otherwise, they would be looking at the possibility of do'me one
master open space district for the large developments. There was currently over 1,000 acres in open space districts
and with multiple districts there were administrative problems also.
ORAL COMMUNICATIONS
· Mark Whillock, 346 Front Street, El Cajon, CA, representing Whillock Contracting, Inc., stated he had
_ appeared before Council at their last meeting regarding their problem in obtaining a Notice of Completion on a
channel they finished the work on. They had a thirty-five day retention of $36,000 from the acceptance and they
had received verbal approval on 2/15/94. He had been told last week that it would be taken care of in a few days
and he had not heard anything.
Clifford Swanson, Deputy Director of Public Works/City Engineer, stated he had no further information than given
at the meeting last week.
City Attorney Boogaard stated Mr. Davies would be doing the normal wrap-up of the construction job and
sometimes it took more than several days. It would not have to come back to Council for approval as the City
Engineer was authorized to issue the Notice of Completion. There was a substantial censtrnction dispute in the
range of $85,000 which created delays. At the administrative level it was decided to honor that which was not in
dispute and reserve the legal dispute for later. He encouraged Council not to entertain negotiations as Mr. Whillock
was represented by an attorney.
Councilmember Moore requested that the policymakers be kept informed.
Mr. Swansen felt it could be processed within a week.
Mr. Whillock questioned if he would be able to tell people that the thirty-five days would start within the next week.
City Attorney Boogaard stated he did not want to make a public commitment on the acceptance as it was an
Engineering decision that the Engineering Department had to make. It had been assigned to the Project Manager,
the matter was in substantial construction dispute, and he urged Council not to make further comments until he could
consult with the Engineering staff in charge of the decision.
· Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, stated a Council meeting had been held on
12/28/93 and questioned what was considered as minimum notice to the public of a special meeting. It was his
understanding the City only had to post the agenda in two places and notify the newspapers and that constituted
notice. He questioned if it was at Council's discretion to call an emergency meeting. He further questioned if the
meeting of 12/28/93 was an emergency.
Minutes
March 15, 1994
Page 10
Mayor Nader stated Mr. Garcia was correct, he did not consider it adequate notice but it was legal. If Mr. Garica
had better suggestions on how to notify the public regarding special meetings Council would be open to consider
them. There were legal standards as to what Council could find as a matter of urgency.
Mr. Garcia questioned whether Council had complied morally. He would like to see the cameras pan the public
during the meetings so the television viewers could see the attendance at the meetings.
BOARD AND COMMISSION RECOMMENDATIONS
13. RESOLUTION 17420 APPROPRIATING $10,645 FROM THE UNAPPROPRIATED BALANCE
OF THE GENERAL FUND TO SUPPORT SEVERAL PROJECTS PROPOSED BY THE CULTURAL ARTS
COMMISSION - The Cultural Arts Commission is interested in pursuing a number of projects that will enhance
the Commission's ability to provide a variety of services for the community. Funding for the projects are not
included in the Commission's Fiscal Year 1993/94 budget. The Commission recommends approval of the
resolution. (Cultural Arts Commission) 4/5th~s vote required.
® Melody Cernitz, 182 Sierra Way, Chula Vista, CA, Chair of the Cultural Arts Commission, requested
approval of the resolution appropriating $10,645. The Commission was before the Council as a result of the
presentation of their workplan and Council's encouragement to go back and propagate the arts in the community.
She then reviewed the activities undertaken since they appeared before Council last fall.
Mayor Nader questioned if it was anticipated that the entire $10,645 would be expended prior to June 30th, i .e. the
current fiscal year, or if it was a set of projects that would be continuing over some period of time past the fiscal
year.
Ms. Cernitz stated the original draft turned into staff was labeled for calendar year 1994. It included activities that
they wanted to start on tomorrow as well as activities that would be presented in October.
Mayor Nader questioned whether there were changes in what the Commission had submitted to staff and what was
submitted to Council.
Ms. Cernitz stated in general it was very close to what they had presented, there were no substantive changes other
than the reference to calendar year.
Mayor Nader stated that was significant as it altered the nature of the request as to how Council would do the
budget appropriation. He admonished staff and commissioners that the reason board and commission
recommendations went straight to Council was so they could entertain those as recommendations of the commission
rather than recommendations of staff. Because some of the projects would extend past the fiscal year he questioned
if it would work to make it an appropriation that would extend into the next fiscal year, i.e the funds would be
available thwugh FY 1994/95 or alternatively have an appropriation of a lesser amount through the end of the
current fiscal year and deal with the balance as part of next years budget.
Ms. Cernitz felt it would be more appropriate to approve the full amount to extend through the next fiscal year.
Councilmember Fox questioned if staff had reviewed the specific requests regarding justification.
Jess Valenzuela, Director of Parks & Recreation, responded they had not.
Councilmember Fo~ stated there appeared to be another issue that would be needed for the current fiscal year, i.e.
the conference money. He questioned if the amounts listed were supplemental to the monies anticipated from
outside sources or if it was the total amount needed.
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March 15, 1994
Page 11
Ms. Cernitz responded that it was the total amount needed as there was no guarantee there would be outside
funding.
· Arch McAllistar, 1739 Elmhurst, Chula Vista, CA, Cultural Arts Commissioner, stated his subcommittee
had recently conducted a survey on outdoor sculpture as part of a national project Save Our Outdoor Sculpture.
They had identified fourteen pieces that qualified for the SOS project. In that request for additional funding they
had requested money be set aside to determine what needed to done to the assets within the City limits to have them
refurbished and brought up to the standard they should be. There were severel sculptures that were in a state of
decay and they needad to determine what course of action was needad to restore them. The funding was for
someone to come into the City and survey every piece of outdoor sculpture and determine a maintenance plan.
Councilmember Moore stated most of the art was through a pementage of the redevelopment project and questioned
if there was a policy regarding the maintenance once it was in place. He felt staff should look through the
development agreements.
City Manager Goss believed the maintenance fell to the owner. Those sculptures on City property would be the
City's responsibility.
Councilmember Rindone stated he had reviewed the job description for the Cultural Arts Coordinator and there was
no mention of obtaining grant funds for that position. He felt that was the intent of the Council when the position
was originally appointed and should be a critical element in the job description.
City Manager Goss stated when the recommendation was made to Council, one of the major components was to
try and seek grant funding to make the program self-supporting and not rely on the General Fund.
Mr. Valenzuela stated it was included under "Coordinating Responsibilities ", item 2, "Initiating of Grant Proposals*.
The Cultural Arts Coordinator had assisted the department in the application of several grants which were currently
pending. She was currently working on several other grants.
MOTION: (FoxfNader) to approve the staff recommendation, as per the 3/1/94 memorandum from Mr.
Valenzuda, and bifurcate those requests that require funding for the present fiscal year and ask staff to
return within thirty days with their recommendations on those requests, i.e. the bi-monthly activity calendar
and the conference along with any others that needed funding in the current fiscal year.
Mayor Nader stated if Council passed the motion on the floor, with the understanding that the Commission would
be working with staff to develop the report to come back to Council, if it would create any problems in
implementing any of their projects.
Ms. Cernitz felt that would be fine.
Councilmember Moore questioned what the expected goal or gain would be from spending $1,850 to attend the
national conference in Texas.
Ms. Cernitz stated she had attended the last two conferences and had brought back information, ideas, inspiration
to continue the battle, and contacts.
Councilmember Herton stated she would like to see the Commission focus more on the youth if possible. She
recommended that a member of the Commission contact the Youth Activities League also.
Mr. Valenzuela stated staff would look at what would be expended during the current fiscal year, such as the arts
calendar and conference, and return with a report identifying what would be in the current fiscal year and what
could be in the next fiscal year.
Councilmember Fox stated that was then intent of his motion except it was not to be limited to those two items.
Minutes
March 15, 1994
Page 12
City Manager Goss stated the item could be brought back in two weeks at the Special Council Meeting/VCorkshop
to be held on the fifth Tuesday.
Mayor Nader stat,:l he had not been notified of the meeting and had a previous commitment. He noted the item
would take a 4/5th's vote to pass.
Councilmembers Herton and Fox requested that the item be brought back in three weeks.
Councilmember Moore stated he had a problem with anyone coming before Council mid-year with a budget unless
it was an emergency. Budgets should have to compete with the overall program.
VOTE ON MOTION: approved 4-1 with Moore opposed.
14. RESOLUTION 17421 ACCEPTING THE QUARTERLY REPORT FROM THE ECONOMIC
DEVELOPMENT COMMISSION, APPROVING THE WORKFORCE DEVELOPMENT TEAM THREE-
YEAR PLAN AND AGREEING TO CO-SPONSOR THE SOUTH COUNTY
WORKFORCE/EDUCATIONAL DEVELOPMENT CONFERENCE IN PARTNERSHIP WITH
SWEETWATER UNION HIGH SCHOOL DISTRICT, SOUTHWESTERN COLLEGE, AND THE SAN
DIEGO CONSORTIUM AND PRIVATE lNDUSTRY COUNCIL - The report is a quarterly progress updata
from the Economic Development Commission (EDC) and will be presented by Chairman William Tuchscher. It
is the second such report and follows the initial report made in November of 1993. A report will also be made by
Workforce Development Team (WDT) Vice Chairperson Mary Wylie, Director of Southwestern College Small
Business Development and International Trade Center on the EDC/WDT's Three-Year Plan. Staff recommends
approval of the re,solution. (Director of Community Development) Continued to the meeting of March 22, 1994.
15. REPORT TASKS, FUNCTIONS AND GOALS OF THE VETERANS COMMISSION
AND REQUEST FOR PERMANENT FORMATION OF A COMMISSION Robert McCauley, Chair, and the
Veterans Advisory Taskforce, 1987 Bucknell St., Chula Vista, CA 91913.
· Robert McCauley, Chair of the Veterans Advisory Task Force, requested Council approve their request
for formation of permanent commission. In their report to Council they had left out the information regarding the
composition of the commission and noted it would be a four year staggered term.
Councilmember Moore stated he had expected more from the report, i.e. the make-up of the commission (males,
females, retired or experienced military, officers or enlisted), pro's and con's of duplicating what was currently
being done by other organizations, cost of the commission, communications, and what they could do to assist those
in need that were in the military, retired, or dependents of military. He wanted to know who was doing it now and
if the commission could do it better if they were going to assist.
Mr. McCauley responded they hoped to have one active duty military and four honorably discharged veterans, but
they were not in the position to select those to serve on the commission. What they failed to state was that they
wanted. They were not trying to duplicate any services that were currently in place.
Councilmember Rindone stated he concurred with Councilmember Moore. Whenever a new commission was
proposed the trial period of one year was very important. Council had seen committees, commissions, and task
forces not clearly defined. He was under the impression the task force had been created on an interim basis for
one year to complete that task. He felt it needed to be clarified as to what their tasks would
Mr. McCauley stated he questioned some of the paperwork the Council wanted to put them through in order to say
they wanted to help the City. They tried to list those items in their report and all the Commissioners agreed that
was a way in which they could help the City. The Commission would serve as an information resource to the City
on Couned matters relating to policy on veterans programs.
Minutes
Mar~h 15, 1994
Page 13
Councilmember Fox stated Council established the Task Force in 1992 and it had been longer than a year they had
been working on their recommendation to Council. As a past member of one of the City commissions he felt there
were existing commission responsibilities that were vague and needed to be updated. He also felt the Task Force
recommendations showed there was a need for the commission and the purpose of what they would do. He was
expecting more once Council directed staff to create the commission. He questioned how they proposed to advise
City residents regarding resources available.
Mr. McCauley responded they would advise them of the person and organization to contact. They did not intend
to provide forms or assistance in placing VA claims, etc.
· Bill Ayers, 44 East Mankato Street, Chula Vista, CA, Vice-Chair of the County Veterans Advisory
Council, spoke in support of the formation of a permanent Veterans Advisory Commission. The commission would
be a funnel from the veterans community to the Council.
MS (Rindone/Fox) to refer the item back to staff to develop recommendations to form a permanent veterans
commission, incorporating the mission statement from the Task Force, and describing the functions,
mechanisms, and operations of the commission in the form of an ordinance for Council consideration.
Councilmember Moore recommended seven members rather than five as it was easier to maintain a quorum. He
hoped whoever wrote the ordinance, in the Role and Function section, would formulate the roles in such a way that
it would emphasize the City was working with, and in conjunction with, the present military organizations within
the City so they would not by-pass, neglect, or ignore them. He felt one of the first tasks would be to find out what
those organizations did. It would be better to meet with the temporary task force and others from those
organizations, along with representatives of the Council, to work those issues out.
AMENDMENT TO MOTION: (Rindone/Fox) to have seven members on the commission.
VOTE ON MOTION AS AMENDED: approved unanimously.
ACTION ITEMS
16. RESOLUTION 17422 REVISING COUNCIL POLICY 159-02 "FUNDING-PRIVATE
ORGANIZATIONS OR INDIVIDUALS" - Council Policy 159-02, "Funding-Private Organizations or
Individuals", was adopted on 1/25/72. The policy addresses the criteria, procedures, and requirements for fimding
private parties via the budget process. The existing policy is lacking in that it does not address requests received
during the course of a fiscal year from private organizations and individuals for financial support to carry out
programs or activities. Council directed staff to develop policy guidelines to assist them in consideration of such
requests. Staff recommends approval of the resolution. (Administration) Continued to the meeting of March
22, 1994.
17. RESOLUTION 17423 AUTHORIZING INSTITUTION OF PROCEEDINGS TO FINANCE
FACILITIES TO BE USED IN CONNECTION WITH AN OLYMPIC TRAINING CENTER TO BE
DEVELOPED BY SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION - The San Diego National
Sports Training Foundation has requested that the City provide $3,000,000 in "gap" construction financing for
completion of core facilities at the Arco Training Center. This action authorizes staff to work with the Foundation
to pursue an acceptable financing structure. Staff recommends approval of the resolution. (Deputy City Manager
Krempl) Continued to the meeting of March 22, 1994.
18. RESOLUTION 17424 APPROVING THE 1994 HOME PROGRAM DESCRIPTION AND
AUTHORIZING ITS SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT - The City will receive $652,000 in HOME funds from the Federal govemment. In order to
Minutes
Mamh 15, 1994
Page 14
receive the funds, the Agency must submit an annual program description which describes the types of affordable
housing activities they plan to undertake using the funds. In its HOME program description, the City targets new
construction, substantial rehabilitation, and acquisition of both rental and for-sale housing. The City may amend
its HOME program description without Housing and Urban Development approval if the City later finds it necessary
to do ,so. Staff recommends approval of the resolutinn. (Director of Community Development)
RESOLUTION 17424 OFIeERED BY MAYOR NADER, reading of the text was waived, passed and approved
4-0-1 with Horton absent.
Mayor Nader questioned if it was a Federal regulation which prohibited the use of "sweat equity" contributions
being counted toward the required local match.
Juan Arroyo, Housing Coordinator, responded that was correct.
MSUC (Naderalorton) to sent a letter to congressional representatives outlining the advantages of "sweat
equity" projects and requesting they seek legislation to allow "sweat equity" to count towards the match.
19. REPORT REQUESTING AUTHORIZATION TO ISSUE THE "REQUEST FOR
PROPOSAL TO MANAGE A MOBILEHOME PARK FOR THE CITY OF CHULA VISTA HOUSING
AUTHORITY" - Council directed staff to pursue the purchase of Bayscene Mobilehome Park by the Housing
Authority. As part of the preparation for purchase, the City needs to select a property management company to
manage the park. Staff recommends Council authorize the Request for Proposal and direct staff to roturn with a
recommended property management company for consideration. (Director of Community Development) Continued --
to the meeting of March 22, 1994.
20. REPORT EAST OTAY MESA SPECIFIC PLAN - On 3/8/94, Council authorized staff
to forward correspondence to the County of San Diego Planning Commission requesting a continuance of the review
of the proposed East Otay Mesa Specific Plan and accompanying Draft EIR to enable the City time to review
revised documents and comment on concerns. Staff has now prepared specific comments relating to the Final EIR
and Specific Plan documents contained in a draft letter to the County. Staff recommends Council accept the report
and authorize staff to transmit the letter to the County of San Diego which identifies specific concerns with the
analysis contained in the Final EIR as well as policies contained or lacking in the East Otay Mesa Specific Plan.
(Director of Planning)
Robert Letter, Director of Planning, stated staff had recommended comments to be submitted to the County Planning
Commission on the East Otay Mesa Specific Plan. City staff met with County staff and discussed with them the
issues raised in the draft and intended to continue a dialogue on those issues. Staff recommended that Council
authorize transmittal of the letter with the understanding staff was in regular meetings with County staff to try to
resolve the issues and recommended specific language to be included in the plan that would address the City's
concerns. The final draft would go to the Chairman and Supervisor Pam Slater. Staff sent a letter last week, per
Council's authorization, requesting a t',vo week continuance so staff could present the information to Council and
they did grant that continuance.
· All Shapouri, San Diego County Department of Planning & Land Use and Project Manager for the East
Otay Mesa Specific Plan, gave a brief review of the project. One of the bigger issues that had been addressed was
the regional cooperation in dealing with critical linkages on improvements. He welcomed the opporttmity to work
with staff and get direction from Council to start working on an inter-agency agreement of some other regional
infrastructure strategy where there would be fees and a program to address those issues.
Councilmember Moore stated his major concere was that San Diego and now the County was planning a major
development south of Chula Vista on the mesa and had not come through with a transportation phasing plan and
Minutes
March 15, 1994
Page 15
had not addressed the residential/industrial/commercial balance. Those two items had to be done to protect the
neighbors to the north.
Mr. Shapouri stated that jurisdiction lines did not dictate movement of people and goods. He was looking at the
region and transportation network in terms of linkages between housing areas and employment areas. There was
a very strong connection between certain types of housing, which was being proposed for Otay Ranch and other
areas in the City of San Diego, which would be directly linked to the type of employment they were projecting in
the East Otay Mesa Specific Plan area. The Specific Plan had addressed the phasing issue of regional improvements
in the absence of the State highways 905 and 125.
Councilmember Moore questioned what the differences were between what the County staff ad City staff were
saying regarding the transportation phasing plan.
Mr. Shapouri stated there was a very small difference, the City staff wanted assurance to make sure that those issues
were in place. The County staff supported that and wanted to work with the City.
Councilmember Moore questioned if he was aware of the City's developer impact fees and thresholds.
Mr. Shapouri responded that he was familiar with it and felt is was a very good model to start from in some of the
Mayor Nader stated it was his understanding that the County was planning to require that the transportation
infrastructure be in place as part of specific project approvals, i .e. those projects impacting traffic circulation would
not be approved without some mechanism to assure that the necessary infrastructure was there.
Mr. Shapouri stated the Mayor was correct. Originally they were finding that due to decreasing land values it was
very difficult to establish the lien to value ration for the first phase of improvement, therefore, they were saying
that was an option if they wanted to have a coordinated development from the beginning. They knew exactly what
it would take for the build-out of the 3,300 acres and requiring that the individual property owners come forward
and conduct studies as part of the tentative map and conditions would be attached to the tentative map and become
final before recordation of the parcel. In some cases it would be the mechanism and in other the actual
improvement.
Mayor Nader questioned whether staff agreed with the accuracy of the answers given.
Mr. Leiter stated staff agreed with the accuracy of the answers, however, they felt it was important for the County
to take the additional step of developing a more detailed transportation phasing plan and facility financing plan in
advance of approving the tentative maps. It would be along the lines of how Chula Vista approached the eastern
Chula Vista area. Staff felt that was doubly important in dealing with a large number of property owners to there
was some notion of the feasibility of building those major facilities prior to issuing tentative map approvals. Their
planning was to put conditions on the tentative maps that would be implemented on the final map and he felt there
could be legal concern about what level of conditions could be applied to the tentative map.
Mayor Neder stated Chula Vista had done that before and questioned if there were legal barriers to that type of
condition on a tentative map.
City Attorney Boogeard stated he was not prepared to respond.
Mr. Shapouri stated the issues the City staff was concerned about was major impacts on regional transportation
facilities. It was very difficult, without having plans and profiles in place to cost out items and designate fair share
portions for construction. They were suggesting that they knew certain infrastructure needed to be in place, but
there needed to be a process where jurisdictions would find the funding to go through that process and attach a fee
to each development for that construction.
Minutes
March 15, 1994
Page 16
Mayor Nader stated he was trying to get at the specific concerns staff had raised. He wanted to feel on very solid
footing that the concerns were more than process before Council requested the County delay the project. His
understanding of the law was that tentative map conditions could be placed that would guarantee any relevant
infrastructure. As an affected jurisdiction, the City would be allowed to comment on the EIR's and if necessary,
bring legal action to enforce the City's rights so he was not sure he saw the need to request delay of the plan.
City Manager Goss stated the County did not have a plan on how they would do it, it would be done piecemeal,
subdivision by subdivision. They were not looking at the overall costs of the program and trying to allocate per
equivalent dwelling unit among the various parties. What would happen in that situation would be that they would
get behind and have massive projects and would not be able to afford to do them. That was the same thing the City
protested with the City of San Diego.
Mr. Shapouri responded they had costed out what the program would cots, but in order to establish a fee it was
important to take that ball park cost into a more specific construction cost where legally they could start pulling fees
and attaching to individual properties. They had planned the area and did have a transportation facilities phasing
plan in the Specific Plan. Every tentative map that would come forward for discretionary approval would require
environmental review.
Mayor Nader questioned if staff concurred with the accuracy of the statement made that the County did have a
transportation phasing plan.
Mr. Leiter responded that staff did not feel it was complete. It was missing a real financing plan. The phasing plan
was very vague as it had two phases for a development of 3,300 acres. The first phase was 500 acres and the
second phase was the remaining project. Staff felt it needed to go further than that in terms of its policies on how
they were going to schedule development in relation to major roadway facilities and it needed a financing component
at the specific plan level. That was the last stop before it went to tentative maps and Chula Vista and most other
jurisdiction had financing plans in place before moving to that next step.
Mayor Nader stated it was not to late to add additional material to the Environmental Impact Report that would be
before the County in May. He felt the City should ask the Board to amend the plan in the environmental documents
to require that certain things take place prior to morn specific levels of project approval rather than requesting the
delay.
Mr. Leiter stated that was staffs ultimate intent, but there was a timing problem where the County Planning
Commission was scheduled to take final action on Friday. Staff wanted to get the concerns on the record. IT was
staff's intent to continue to work with County staff.
Mayor Nader stated the specific issues were those raised by staff, i.e. a mechanism whereby transportation
infrastructure would be financed or a determination would be made that development would be restricted until that
transportation infrastructure financing was in place. He was surprised to see there was not commitment in the plan
to the NCCP or MSCP planning efforts.
Mr. Shapouri stated there was a commitment as the County was already enrolled in the NCCP program and they
were encouraging individual property owners to enroll if they had significant habitat. They were applying the "G"
designator, which was a special area designator, to those areas that were being proposed for development and
contained sensitive resources, and they were talking about mitigation banking.
Mayor Nader questioned if staff felt the comments made were accurate.
Mr. Loiter stated staff felt at the specific plan level them should be a firm commitment to actually implementing
a preserve plan which would include designated areas to be preserved and establish a basic approach to financing
that acquisition and preservation. Staff felt that could be accomplished and wanted to work with County staff on
that.
Minutes
March 15, 1994
Page 17
Mr. Shapouri stated that they had ben coordinating with State and Federal resource agencies. What staff was using
was state-of-the-art for environmental protection for the County. Without having the benefit of looking at a tentative
map it was very difficult to divide properties as to what would be open space and what would be developed. He
felt they needed the opportunity to go through the discretionary permit process for tentative maps and designate
those areas that were sensitive resources as permanent open space. They knew where the large area was that
contained sensitive habitat, but they could not designate people property as open space without a discretionary permit
on that property. They had identified the linkages and the preserves. The mechanism was there, but there needed
to be a request by the property owner to subdivide his property and that was where they would be conditioning him
to either mitigate for the resource on his property or dedicate it as open space based on a preserve plan.
Mayor Nader questioned why that was not adequate to protect the biological value of the area.
Mr. Leiter responded that the property was zoned residential and staff did not see a mechanism for requiring
participation throughout the specific plan area in purchasing or preserving that land or looking at transfers of density
or other mechanisms.
Councilmember Moore stated he was looking for a commitment that anyone that developed knew they would have
to pay into the infrastructure facility financing plan and transportation phasing plan.
MSUC (Nader/Moore) 1) request that the County provide City staff documentation as to the circulation
analysis, the public facility phasing and financing and habitat preservation components of the proposed
Specific Plan; 2) direct City staff to return to Council with their analysis of the information presented in
response and to make recommendations either to specific changes Council could ask the County to make to
accommodate specific concerns or to support the County's project; and 3) direct staff to communicate to the
County Planning Commission, prior to its meeting, that the City had some unresolved concerns and would
be doing further analysis of the proposed plan and may be making a request of the County Board of
Supervisors to make changes to the Specific Plan, but the City was not requesting that the Planning
Commission delay consideration of the project.
MOTION (Moore) to continue the meeting past 10:30 p.m. and complete the agenda. Motion died for lack
of second.
MSC (Nader/Rindone) to continue the meeting past 10:30 p.m. to consider Item 10, 18, and 21 and continue
the balance of the ngenda to March 22, 1994. Approved 4-1 with Moore opposed.
21. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
Councilmember Fox stated he had a meeting conflict on the date for the next scheduled Interim Solid Waste
Commission meeting. He would be able to attend the morning session and felt an alternate should be designated
to attend the remainder of the meeting.
MSUC (Foxatorton) to designate the Mayor as another alternate to the Interim Solid Waste Commission.
MSC (Horton/Fox) to continue the meeting past 10:30 p.m. to hear Item #5 of the Redevdopment Agency
ngenda and continue the remaining items and Industrial Development Authority agenda until March 22, 1994.
Approved 4-1 with Moore opposed.
Minutes
March 15, 1994
Page 18
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 5a and 10. The minutes will reflect the published agenda order.
OTHER BUSINESS
22. CITY MANAGER'S REPORT(S)
22a. Scheduling of meetings. Continued to the meeting of March 22, 1994.
23. MAYOR'S REPORTfS)
23a. Ratification of appointment to the Design Review Committee - Patricia B. Kelly. Continued to the
meeting of March 22, 1994.
24. COUNCIL COMMENTS
Councilmember Hotton
24a. Cultural Diversity/Sensitivity Training. Continued to the meeting of March 22, 1994.
ADJOURNMENT
ADJOURNMENT AT 10:46 P.M. to the Regular City Council Meeting on March 22, 1994 at 6:00 p.m. in the City
Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency convened at 10:46 p.m. and adjourned at 11:2S p.m.
A Special Meeting of the Industrial Development Authority meeting was continued to the meeting of March 22,
1994.
Respectfully submitted,
BEVERLY A. AUTHELET, CC, City Clerk
icki C. Soderquist, Deputy C Trk