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HomeMy WebLinkAboutcc min 1990/09/25 MINUTES OF A REGULAR MEETING OF THE CITY OF CHU'LA VISTA Tuesday, September 25, 1990 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox ALSO PI~ESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney, City Manager; and Vicki C. Soderquist, Deputy City Clerk 2. PLEDGE OF A[J.EGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Oath of office: Frank Chidester, Safety Commission - Oath of office was administered by Deputy City Clerk, Vicki Soderquist. CONSENT CAI.RNDAR (Items pulled: 11 and 13) BALANCE OF CONSENT CALENDAR Op'I.'ERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved unanimously, with Councilmember Malcolm abstaining on items 7A and B due to possible conflict of interest_ 5. WRI'I'IEN COMMUNICATIONS: a. Request to have a representative of the City take a helicopter tour of the proposed University site on October 1, 1990 - Gregory T. Smith, President, The Baldwin Company, 11975 El Camino Real, Suite 200, San Diego, California 92130. P~ecommended that Council adopt the resolution accepting the donation on behalf of the City of the helicopter tour. ~q~ ~5 RESOLIrFION 1s861 ACCEPTINGTHEDONATIONOFAHFAJCOPTERTOIJROFTHEPROPOSED UNIVERSITY SITE BY THE CITY FROM THE BALDWIN COMPANY FOR THE PURPOSE OF PROVIDING FOR CITY REPRESENTATION b. Letter of concern regarding noise and disturbances in neighborhood due to the Residential Housing Facility at 172 Theresa Way - Concerned Citizens of Theresa Way and Emerson Neighborhood Watch. Recommended that the Council receive and file the various communications. lq~87 Minutes September 25, 1990 Page 2 6.A. RESOLLrrION 15862 ]NTEN'I1ON TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYS'rF2vl AND THE CITY COLrNCIL OF THE CITY OF CHULA VISTA - The contract amendment will provide sworn police employees with two new retirement benefits: 1) one year final compensation, and 2) third level of 1959 survivor benefits. Staff recommends Council place ordinance on first reading and approve the resolution. (Director of Personnel) 14'1 B. RESOLUTION 15863 APPROVING AN AGRREMENT AUTHORIZING THE I~RI.R~,SE OF 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES INTO THE THIRD LEVEL OF 1959 SURVIVOR BENEFIT POOL BETWF, t.N THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULAVISTA /q~ q I C. ORDINANCE 2396 AUll-IORIZ]NG AN AMENDMENT TO THE CONTRACT BETWEEN THE CI'IY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (first readinE) - 7.A. ORDINANCE 2397 ESTABLISHING SPECIFIC TERMS AND CONDITIONS FOR SPECIAL ASSESSMENT PROCREDINGS (frost readinK) - The proposed procedural ordinance amends Section 10010 of the Streets and Highways Code of the State of California to enable the City to finance the purchase and acquisition of improvements completed after the adoption of the Resolution of Intention and public hearing. Specific provisions for implementing the proposed ordinance are outlined in a related policy on tonight's agenda. Staff recommends Council place the ordinance on first reading. (Director of Public Works) B. RF)ORT ESTABLISHING CHY POLICY REI~TING TO ASSESSMENT DlSl-rdCT'S - The policy would establish criteria to implement the provisions of the ordinance being considered by Council and establish a fee for use of assessment district financing. Public hearing to be held on October 9, 1990 at 6:30 p.m. for consideration of a policy providing guidelines associated with implementation of the proposed ordinance. Staff recommends Council accept the report. (Director of Public Works) Councilman Malcolm abstained on voting due to ownership of stock in Great American and a possible conflict of interest. 8. RESOLUTION 15864 RATIFYING AGREEMENT BETINEEN CITY OF CHULA VISTA AND PERSONAL ASSISTANCE SERVICES FOR AN 'EMPLOYEE ASSISTANCE PROGRAM' {EAP) AND AUTHORIZING TIqEE MAYOR TO EXECUTE AG~ - The agreement renews the annual contract with Personal Assistance Services for an EAP program. The contract automatically renews each year unless either party gives notice of cancellation. Staff recommends approval of the resolution. (Director of Personnel) /q~ 9. RESOLUTION 15865 APPROVING AGREEIVlFgT BETWEEN THE CITY OF CHULA VISTA AND ANTHONY J. LETHERI, PROJECT MANAGER, AND THE BALDWIN COMPANY FOR PROFESSIONAL SERVICES FOR OTAY RANCH AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Agreement for professional project management services with Mr. Anthony J. Lettieri and the Baldwin Company for temporary professional management assistance. Staff recommends approval of the resolution, (Deputy City Manager Krempl) I~V7 ]O.A. RESOLUTION 15866 APPROVING AN AGREEMENT WITH NATIONAL CITY FOR FIRE DISPATCHING SERVICES - Chula Vista currently provides fire dispatching services for National City and Imperial Beach. The existing agreement expires 10/1/90. Both agencies wish to continue having Chula Minutes September 25, 1990 Page 3 Vista provide fire dispatch services and have mutually agreed to some revisions in the proposed agreement. Staff recommends approval of the resolutions. (Fire Chief) B. RESOLUTION 15867 APPROVING AN AGRF/aMF2CF WITH IMPERIAL BEACH FOR FIRE DISPATCHING SERVICES 11. RESOLUTION 15868 APPROVING A pARCR. I. MAP AGREEMENT WITH THE SAN DIEGO NATIONAL SPORTS TRAINING FODNDATION - On 7/5/90, the Engineering Department conditionally approved Tentative Parcel Map 90-06. The conditions of approval associated with that map required the developer to enter into agreements for various items associated with the development of the parcel known as the Olympic Training Center. The agreement includes items relating to withholding of building permits; agreeing not to protest formation of open space, improvements and reimbursement, and assessment districts; a hold harmless agreement for drainage related problems; monitoring of the Telegraph Canyon Trunk Sewer and sewage diversion. Additionally, there are provisions relating to Cable Television, a hold harmless provision relating to erosion and siltation, and an indemnity agreement for diverted storm water into Salt Creek. Staff recommends approval of the resolution. (Director of Public Works) Pulled from Consent Calendar. Iq:l et~ City Attorney Boogaard stated that Section 7 (A, B, and C) of the OTC Parcel Map Agreement should be modified as recommended in his memorandum. The last four words in Section C should be "issuance of building permits". RESOLLrHON 15868, AS AMENDED, OIq.-H/ED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-0-1 with Councilman Malcolm abstaining. 12, RESOLUTION 15869 ESTABLISHING CITY POLICY TO PROVIDE FOR THE MAINTENANCE OF NATURAL DRAINAGE FACILITIES WITHIN OPEN SPACE - At the 9/S/89 Council meeting Ordinance 2331 was adopted which revised the procedures for establishing open space districts in the City and provided for the maintenance of improvements in open space areas. Although Council adopted subject ordinance, it directed staff to return with provisions to require developers to assist in providing financing for the maintenance of natural drainage ways. Staff recommends approval of the resolution. (Director of Public Works) Iq~oo 13. REPORT CONSIDERATION OF REVISED REPORT AND RECOMIVIF24DATIONS FROM THE COMMIJNITY PURPOSE FACILITIES TASK FORCE - Staff recommends Council accept the report. (Directorof Planning) Pulled from Consent Calendar. /~l Robert Leiter, Director of Planning, stated staff had met with the Task Force and interested developers. A draft ordinance was being submitted to Council for review. Staff recommended that Council initiate the environmental review and upon completion, the public hearing process would begin on the ordinance. Staff also requested that further review of the proposed standards be conducted during the environmental process to see if some of the issues raised could be reconciled. City Attorney Boogaard stated he had a supplemental recommendation to have Council consider recomposition of the Task Force in order to obtain better representation, and have the recomposed task force study the space area need requirements for non-religious or community purpose facilities. He felt this would be necessary to survive an "Establishment Clause" challenge. Minutes September 25, 1990 Page 4 Mr. Leiter stated that if Council authorized the environmental procedure they would have to designate an acreage figure and staff would recommend proceeding with the recommendations of the task force. If the recommendations were revised, within certain limits, the same environmental review could apply. If the number varied dramatically, additional environmental review could be required. Councilman Moore felt there should be more research regarding the needs of community purpose facilities versus churches. He expressed concern over the liability to the City if the issue was not addressed. Councilwoman McCandliss questioned whether staff concurred with the Task Force's recommendations and whether an analysis was provided of what the Task Force reviewed. Mr. Leiter responded that staff was to set up meetings, provide information and services, but that the Task Force did most of the analysis of needs for facilities independently. Staff did not do extensive research regarding design of facilities, economics, or how to plan for acreage, but relied on members of the Task Force with those areas of expertise. The report was prepared and forwarded to Council directly from the Task Force. It was staffs understanding that they would facilitate the meetings and provide information and that Council had not requested an analysis by the Planning Department. City Attorney Boogaard stated the issue being raised was the status as assigned by the IRS, profit or non- profit, and whether there was any necessary relationship to the community benefit being served, and if it would violate the discrimination clause of the constitution. Donald Schock, 853 Blackwood Road, Chula Vista, California, Chairman of the Task Force, spoke in favor of the staff recommendation. He felt it was ludicrous to use the threat of lawsuit due to constitutional violation. He recommended that until the matter was settled, Council not approve any further tentative maps. The Council should make a decision based upon the findings of the Task Force. Councilman Malcolm questioned whether there were any tentative maps scheduled to come before Council within the next sixty days. Mr. Leiter responded there were no tentative maps to come before Council in that time. Staff would keep Council apprised of any forthcoming maps. The next project to be submitted would be the SPA III map for Rancho Del Rey which was tentatively scheduled to come before Council in December. Bob Fox, 1080 Winding Oak Drive, ChulaVista, California, spoke in favor ofthe staffrecommendation. He also felt tentative maps should be withheld until the issue was resolved. He did not feel staff had supplied pertinent information needed and questioned whether sixty days would be sufficient. He requested that Council set definite time periods for any action taken with sufficient direction to staff to proceed. Bill Haul, 12707 High Bluff Drive, San Diego, California, representing San Miguel Parmers, spoke in support of the staff recommendations. They supported a further review of the proposed standards, but had reservations regarding the EIR and utilizing the proposed standards in the report. If Council approved moving ahead with the EIR, they would recommend utilizing a range of testing, starting with the figure recommended by the Construction Industry Federation to the number recommended by the Task Force. Their primary recommendation would be to hold off on the EIR until the standards were resolved. They also concurred with the recommendation of the City Attorney to reconstitute the Task Force. Kim Kilkenny, 11995 E1 Camino Real, San Diego California, rep'resenting the Baldwin Company, spoke in support of the staff recommendations. They supported the recommendation of the City Attorney and felt it was important to have staff evaluate the recommendations of the Task Force and present alternatives. He Minutes September 25, 1990 Page 5 expressed concern over the standard being proposed and suggested that the alternatives being proposed by the Construction Industry Federation be considered as part of the alternative analysis. Donald L. Hughes, 7910 Ivanhoe, #425, La Jolla, California, spoke in favor of the staff recommendations. He felt the needs of the churches should be considered from a moral and social position rather than an economic and political position and that the first amendment question had become a scare tactic. He questioned why the developers were so interested in diluting the plan as brought forth by the Task Force and why the staff was continuing to back down in their support. Tim P. Jones, 978 Myra Avenue, Chula Vista, California, representing the Task Force, spoke in support of the staff recommendations. He felt wording was lacking in the ordinance which would insure the changes that would fulfill the intent of the Task Force. The definition described as "community purpose facility" should be amended to indicate "not for profit". The Task Force was originally investigating sites in newly developed portions of the City, this direction has now been changed, and they recommend the addition of language which would not allow any one use to occupy a majority of the community facility use acreage in anyone development until all needs of the community were met. He did not feel the time frame of two months for an environmental review was realistic. He recommended the adoption of an interim ordinance while the environmental review was in process. Dennis E. Breedlove, 4091 Chanute Street, San Diego, California, representing Calvary Chapel of Chula Vista, spoke in favor of the staff recommendations. The Task Force wanted to insure that there would be facilities available to all the citizens of the City. He felt the Council had capitulated to the threats of lawsuits and he that the Task Force had done their job and requested that Council pass the interim ordinance. Katy Wright, 900 Lane Avenue, Chula Vista, California, representing EastLake Development Company, spoke in favor of the staff recommendations. She felt that child care, senior services, etc. needed to be addressed further and felt the Task Force had done a good job. They supported the EIR process and felt both ends of the range should be reviewed. Ken Baumgarmer, 2727 Hoover Avenue, National City, California, representing McMillin Communities spoke in favor of the staff recommendations. Rick Johnson, 391 Bay Leaf, Chula Vista, California, member of the Task Force, stated he hoped the Council would do something tonight. He had been under the impression that the staff recommendation was for the 2.26 acres and now he was nor sure of what the recommendation was. He expressed his frustration with the process and he felt it was the community that was suffering by the continuing delays. He encouraged Council to pass the interim ordinance while further study was being done. Larry Rehlander, 1338 Valencia Loop, Chula Vista, California, representing Victory Lutheran Church, spoke in support of the staff recommendations. He felt there was a need for alternative ideas and a further consideration and additional resource input before a final decision was made. It was his understanding that the Task Force was to obtain initial information. Father John Proctor, 2934 Degen Drive, Bonita, California, representing Corpus Christi Catholic Parish, spoke infavorofthestaffrecommendations. Hedidnotfeeltherepresentationofchurchesversusthedevelopers or vice a versa was correct. He also felt idea of acreage allocation as stated in the report was highly questionable. There should also be a broader based commission to review the initial recommendations of the Task Force and address other concerns raised. Robert Piantedosi, 2060 Crosscreek Road, Chula Vista, California, spoke in favor of the staff recommendations. He felt there should be a pro-family stance taken on the issue. Minutes September 25, 3.990 Page 6 3ohn Seymour, 6336 Greenwich, San Diego, California, representing the Construction Industry Federation, spoke in opposition to the staff recommendations. He stated they supported the implementation of a PC community facilities zone, staff recommendation #2, and reviewing other alternative standards for the environmental review. They were strongly opposed to the 2.29 acres per 2,000. They requested that the Task Force be expanded, that the expanded Task Force continue working toward producing a more sound document, and to look at .86 acres for 1,000 population. Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, representing the Greene Family Homestead, questioned the definition of "non-profit" organization. Charles W. Dobbs, 359 Roman Way, Chula Vista, California, representing Park Hill United Methodist Church, spoke in favor of the staff recommendations. He stated the figure of 29.8% of church membership does not include children, but only those members in good standing. He encouraged Council to adopt the interim ordinance. Mayor Cox informed the audience that an interim ordinance was not before Council for review tonight. He was not aware of any specific threat of litigation, but Council did rely on the City Attorney to guide them and offer ordinances that were legally defendable and defensible. This would apply to any ordinance adopted by the Council. He hoped Council would move ahead with the staff recommendations, staff return next week with recommended composition for the reconstituted task force, the task force start meeting immediately, with recommendations from the task force to be brought back within a very short time frame. Councilman Moore felt the City was breaking new ground with the setting aside of property for "non-profit" organizations. He stated checks and balances were built into city government in order to protect all citizens of Chula Vista and he felt a broader based ad hoc committee needed to be established to review the recommendations of the Task Force. Councilman Nader stated it was impossible to take action tonight due to the lack of an ordinance, but he did feel an interim ordinance was needed. He felt the Task Force had done it's job and that the report should be referred back to staff for study, final report, and a zoning ordinance. Councilman Malcolm felt the zoning should include only 'non-profit~ with all 'profit~ to be excluded. If future tentative maps come before Council, acreage for "non-profit' should be addressed before any approval is given. The EIR process should also be started. Councilwoman McCandliss felt the setting aside of land should be for "non-profit" organizations only. She did not feel a new task force was needed, but that Council should move forward within a sixty day period if possible. She was not satisfied with the analysis from staff and felt the action by Council tonight should bring this to a solution within sixty days. Mayor Cox referred to a letter received from Pamela Smith, Chairperson of the Chula Vista Human Services Council requesting Council to consider the establishment of a balanced committee of people who represent the interests of the various constituency to review and write the regulations for zoning amendments. MS (Cox/Moore) to direct staff to bring back in one week, recommendations for composition of a task force to specifically review the issue of a zone for 'non-profit' commnllity facilities and a precise recommendation on the number of acres to be set aside for those facilities. The task force is to be comprised of nine individuals recommended to include 3 members from the following areas: 1) properly owners in the eastern area of the City, 2) religious community (small, medium, and large churches), and 3) non-profit service agencies. He would expect weekly meetings with a recommendation back to Council in 45 days. Minutes September 25, 1990 Page 7 Councilman Malcolm stated he was not comfortable with either of the figures given regarding acreage and was not opposed to referring the report to staff for review. He felt information was lacking from service clubs, etc. and that he needed further information. Robert Leiter, Director of Planning, responded that staff could generate the information as requested by Councilman Malcolm without a task force. Aworkshop meeting could be set up to receive more information if a task force was not formed. Councilman Nader stated he was unconvinced that a new task force was needed and agreed with Councilman Malcolm in that the report should be referred to staff. VOTE ON MOTION: Motion failed 2-3-0 with Councilmemben McCandliss, Malcolm, and Nader voting no. MS (Nader/McCandliss) to direct staff to: 1) come back in two weeks with an interim ordinance for cornmtmity purpose zoning (no fixed acreage requirements), 2) refer task force report and any information submitted by the public to staff to analyze, hold public workshop, and come back in sixty days with a recommendation and proposed ordinance, and 3) initiate environmental review, to analyze, including but not limited to, the Task Force recommendations, Construction Indnslxy Federation recommendations and any alternatives staff feels appropriate for analysis. Councilman Malcolm questioned the legality of imposing the interim ordinance without specific acreage. City Attorney Boogaard responded that a community purpose facility zone could not be enacted without an environmental review. Council could enact a temporary moratorium that would give control and authority over community purpose facility until Council gets a community purpose facility zone on the books. WITHDRAWAL OF PORTION OF MOTION: Councilman Nader withdrew item #1 from his previous motion. VOTE ON MOTION AS AMENDED: approved unanimously. MS OMoore/Nader) direct staff to pursue a community purpose facility zoning ordinance with flexibility reserved for revised acreage per 1,000 population including but not limited to the FAIL Councilman Nader responded that staff had been directed in his motion to return within sixty days with an ordinance for Council review. MOTION WITHDRAWN BY COUNCILMAN MOORE. 14. REPORT ACCEPTANCE OF PAYMENT FROM JONES INTERCABLE, INC. FOR CABLE NEGOTIATING EFFORT - On 9/4/90, Jones Intercable, Inc. withdrew their application for a franchise. Thereafter, the City Attorney requested that Jones compensate the City for the lost staff time spent in negotiating the cable franchise application. On 9/20/90, Jones remitted $20,000 to the City. Staff recommends that the Council accept the $20,000 and thank Jones for payment of same as compensation for the cost spent in negotiating the cable franchise with them. (City Attorney) /~.~ Mayor Cox acknowledged the payment from Jones Intercable and felt it demonstrated good faith on their part, He also complimented the work done by the City Attorney and the negotiating team. * * END OF CONSENT CALENDAR * * Minutes September 25, 1990 Page 8 PUBI~IC HEARINGS AND RRI.&TE.D RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR DEMOLITION AND REMOVAL OF A METAL INDUSTRIAL BUIIZ)ING, CONCRETE, AND ASPHALT FROM 340 BAY BO~ARD - The Redevelopmerit Agency would like to demolish the existing metal industrial building at 340 Bay Boulevard (formerly ThermoKing) and clear the property of concrete and asphalt. Environmental review has been complete and Negative Declaration IS-90-56 has been issued. Staff recommends Council conduct a public hearing and approve the resolution. (Director of Community Development) This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLUTION 15870 ADOPTING NEGATIVE DECLARATION IS-90-56 AND AUTHORIZING THE ISSUANCE OF COASTAL DEVE~OPIVIENT PE/LMIT NUMBER 047 TO THE REDEVELOPMF2qT AGF2qCY OF THE CITY OF CHUId~ VISTA FOR DEMOLITION AND RFdVIOVAL OF A METAL IIqDLISTRIAL BUILDING, CONCRETE, AND ASPHALT FROM 340 BAY BOL1LEVARD SLrI~ECT TO THE REQUIRLMENTS IN FINDING NUMBER 1 RESOLUTION 15870 O~ BY COLINCILMAN MALCOLM, reading of the text was waived, and approved unanimously. 16. RESOLUTION 15871 CONSIDERATION OF FINAL F2,WIRO~AL IMPACT REPORT (EIR-89-3) SALT CREEK RANCH - This resolution does not require a public hearing but is related to the Salt Creek Ranch Project. Staff recommends approval of this resolution prior to the public hearing. (Director of Planning) A presentation regarding the Environmental Impact Report was given by Steve Lacy representing Environmental and Energy Services Company (ERCE). Councilman Nader felt it was unfortunate that the Fish and Wildlife Department had not artended the meeting to express their concerns or answer questions the Council may have had. He noted the short time frame for the review of such a large amount of information. He did not feel it was impossible to mitigate the impacts or he would be against development in the eastern area. Those issues may not be mitigable at the present time, but he felt there would be solutions to these issues in the future. Air quality should not be measured by SANDAG projections but by the pollutants emitted by the project and their impacts. Councilwoman McCandliss stated that Council was in the process of reviewing thresholds and questioned why this was not addressed in the discussion of mitigation measures. denhie Munoz, representing ERCE, responded the problem was with the system of getting water to the developments, the problem was with predicting snow and rainfall. Desalination is being investigated, but the results are unknown at this time. Water is mitigable at this t/me but not feasible. Mayor Cox stated the Stage II water alert by the Otay Water District was triggered by the four year drought. The water allocation formula is the result of the longer term need to stage the number of permits issued tmtil the capability of bringing additional water to the area is completed. Minutes September 25, 1990 Page 9 RESOLUTION 15870 O~ BY MAYOR COX, reading of the text was waived, passed and approved 3-1-1 with Councilman Nader voting no and Councilwoman McCandliss absenL PUBLIC HEARiNG PCM-90-2 CONSIDERATION OF SALT CBEEK RANCH GENERAL DEVELOPMENT PLAN AND PLANNED COMMUNITY DISTPdCT (P-C) PRE-ZONING - THE BALDWIN COMPANY - Consideration of environmental documents and the General Development Plan for Salt Creek Ranch project. Salt Creek Ranch is proposed for the development of 1197 acres with approximately 2817 dwelling units at various densities. Staff recommends Council adopt environmental documents, approve General Development Plan subject to conditions in accordance with Planning Commission recommendations. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. Duane Bazzel, Associate Planner, gave a report on the history of issues, analysis of General Plan conformance, and staff recommendations. Councilman Nader questioned whether traffic, with mitigations, would be above Level C in all cases. Councilman Malcolm referred to a memorandum from staff which stated that due to the changes in SANDAG's data base, the project would exceed the City's thresholds without the construction of SR 125. Robert Leiter, Director of Planning, stated the threshold standards would be reviewed at the SPA plan level. Councilman Nader questioned the financial statistics presented and the absence of commercial use revenues. Mr. Bazzel responded that there were no commercial uses in the project. It is anticipated that the commercial uses will locate in the EastLake area. Mr. Loiter replied there was a break even in revenues over the first ten years. In the later years, that deteriorates due to the slower rate of growth in property tax rates versus the increases in costs. The Growth Management Oversight Committee is looking at recommending an overall fiscal impact report for the City on an annual basis. Councilman Moore questioned the policy utilized to guarantee that a development is self supporting. If a plan is not self supporting, staff should notify Council and include where the deficiency would be accounted for. Mr. Loiter replied that the General Plan addressed that issue. Staff could analyze the other areas to assess where other excesses would be. Councilman Malcolm stated it should be further reviewed, if it was felt that the area was not being properly served by commercial. He noted that all sales tax revenues come to the City no matter where commercial is located. Rikki Albersen, 12995 Camino Real, San Diego, California, representing the Baldwin Company, spoke in support of the staff recommendations. A brief presentation was then given regarding design related benefits of the project. Peter Watry, 81 Second Avenue, Chula Vista, California, representing Crossroads, spoke in opposition of the staff recommendations. They felt the originally proposed project and the project being submitted were worlds apart and this was just another standard South Bay development. They felt the project should not Minutes September 25, 1990 Page 10 be approved for the following reasons: 1) it is one of the few remaining sites in Chula Vista ideal for developing estate type homes, 2) they object to Salt Creek being given mid-range when they are not contributing anything to the community at large, 3) the fact that the same company is developing Otay Ranch - will their project be different from the initial proposal, and 4) the proposal of SR 125 being a toll road, which would make all the traffic projections incorrect. They urged Council to lower the density of Salt Creek to the baseline density and make it clear that the City wants a project that matches the original vision. There being no further public testimony, the public hearing was declared closed. Councilwoman McCandliss left the meeting at 10:13 p.m. Councilman Malcolm stated the Council was not committing to any specific lot sizes at this time, but would be reviewing the entire project when the maps were submitted. The low/moderate income housing would be designated at that time. He felt there was an obligation by the developer and the City to insure that low/moderate income housing be provided for the community. Councilman Moore expressed concern over the definitions of low/moderate income and estate homes (i.e. lot sizes) Mr. Leiter responded that staff had worked with the Planning Commission regarding the definition of estate homes and the designation of lot size. RESOLUTION 15872 ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS FOR E1R-89-3 RESOLUTION 15872 OFFFRED BY MAYOR COX, reading of the text was waived, passed and approved 3- with Councilman Nader voting no and Councilwoman McCandliss absent. RESOLUTION 15876 ADOPTING THE CEQA FINDINGS FOR SALT CREEK RANCH EIR-89-3 1LESOLUTION 15876 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 3-1-1 with Councilman Nader voting no and Councilwoman McC, andliss absent. RESOLUTION 15873 ADOpTINGTHEMITIGATIONANDMONITORINGPROGRAMFOREIR-89-3 RESOLUTION 15873 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 3-1-1 with Councilman Nader voting no and Councilwoman McCandliss absent. RESOLUTION 15875 APPROVING PMC-90-2 FOR SALT C1REEK RANCH GENF3L~ DEVELOPMENT PLAN RESOLUTION 15875 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilwoman McCandliss absent. ORDINANCE 2398 ADOPTING THE SALT CREEK RANCH GF2qF_aL~ DEVELOPMENT PLAN AND PLANNED COMMUNITY DISTRICT (P-C) PRE-ZONING ffirst reading) ORDINANCE 2398 PLACED ON FIRST READING BY MAYOR COX, reading of the text was waived, passed and approved 4-04 with Councilwoman MeCandliss absent. Minutes September 25, 1990 Page 11 17. PUBLIC HEARING PCA-91-1 CONSIDERATION OF AN A.MENDge. NT TO CHAPTER 19.22 OF THE MUNIC/PAL CODE AMENDING ROAD AND EASEMENT WIDTH REQUI~.MEN~ THAT SERVE PANHANDLE OR FLAT LOTS - CITY INYIIATED - Proposed amendment clarifies 20 foot road width applied to panhandle lots. Staff recommends Council place ordinance on first reading. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. Robert Leiter, Director of Planning, stated the amendment would bring the City subdivision manual and ordinances into consistency and staff recommended approval. There being no public testimony, the public hearing was declared closed. ORDINANCE 2399 AMENDINGCHAPTER19.22OFTHEMUNICIPALCODEAMENDINGROAD AND EASEMENT WIDTH REQUIREMEJqTS THAT SERVE PANHANDLE OR FLAT LOTS (first reading) ORDINANCE 2399 PLACED ON FIRST READING BY COUNCILMAN MALCOLM, reading of the test was waived, passed and approved unanimously. OTHER BUSINESS 18. ORAL COMMUNICATIONS 18A. William E. Claycomb, 457 Delaware Street, Imperial Beach, California, representing Save Our Bay, Inc., spoke in opposition to the studies regarding a second entrance to the harbor and the spending of any further monies on the project. lqB,'O Mayor Cox responded that the Port District had recently funded a study to do soil studies for a location for a second harbor entrance. 18B. Victor A. Nolan, 12 Via Barberini, Chula Vista, California, acknowledged the tuna out for the tribute held for Mayor Cox. 18C. Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, representing the expanded Green Family Homestead, referred to his legal situation with the City. He had met with the City Attorney as requested by Council and had been referred to Assistant City Manager Asmus. 18D. Mary Haymes, 1423 Eckman, Chula Vista, California, expressed her concern over the "first come, first serve" policy utilized by the Tiny Tot program for registration. She felt there should be a priority system utilized for those students that have been arcending the program. She also questioned the status of the all weather walkway that was to have been installed from the stop light to the back of the school. The back gate of the school has also not been left open as the District had agreed. Iq~l/ MSUC (Malcolm/Moore) to refer Mrs. Hayrues' concerns to staff for review and report back to Council. Council recessed at 8:50 p.m. and reconvened at 9:05 p.m. 19. ITEMS pLIIJ.ED FROM THE CONSENT C31.ENDAR - (Items pulled: 11 and 13) The minutes will reflect the published agenda order. Minutes September 25, 2990 Page 12 ) 20. CITY MANAGER'S REPORT(S) Assistant City Manager Asmus stated the City Manager had requested the item under his comments be continued for one week. 21. MAYOR'S REPORT(S) a. Funding for Chula Vista/Odawara Sister City Visitation - October 27 - October 30, 1990. Handed out an itinerary for the deiegation from Odawara while visiting Chula Vista. The International Friendship Committee has been working with the Mayor/Council Secretary to coordinate these events. It is anticipated that the costs of the events will be $6,157.00. MSC (Cox/Nader) to approve funding for the Odawara Sister City visitation from the Council contingency fund. Approved 4-0-1 with Councilwoman McCandliss absent, b. Ratification of appointments to Boards, Commissions and Committees: Town Centre Project Area Committee (1) - MSC (Cox/Moore} to appoint Philip Hoff~nen to the Town Centre Project Area Committee. Approved 4-0-1 with Councilwoman McCandliss absent, Economic Development Commission (7) - Stated he was under the mistaken impression that there were nine vacancies to fill, therefore there were nine names submitted for consideration. These were: Marshall Compton, Mike Maslak, Don Read, Penny Alien, Patty Davis, Jim LoBue, and William Tuchscher. He would also request that the City Attorney bring back an ordinance changing the number of positions to nine, with the additional two names that have been submitted appointed at that time. ,~¥ Councilman Malcolm replied he would like to see representatives from major employers included on the list of those submitted. Councilman Nader expressed his apology in not contacting the Mayor earlier regarding names for consideration. MSC (Nader/Malcolm) m continue the appointments for one week with the City Attorney bringing back an amendment to the ordinance which would allow nine members on the Economic Development Commission. Approved 4-0-1 with Councilwoman McCandliss absent. c. Mayor's Ad Hoc Committee on University of California at Chula Vista Stated it was his intent to establish a Mayor's ad hoc committee to demonstrate to the Board of Regents that there was a strong interest and support in the development of a UC campus in Chula Vista. He requested that Councilmembers submit names. The following were appointed to the Committee: Rikki Alberson, Bud Wilson, Babydoll Hancock, Margie Phares, Susan Herney, Rod Davis, Pat Patek, Pat Cavanaugh, and Marilyn Lassman. d. Consideration of canceling the October 23rd City Council meeting due to the League of California Cities Conference in Ariahelm October 21 - 24, 1990 MSC (Cox/Moore) to cancel the City Council meeting of October 2.3, 1990 due to attendance of Council and staff at the League of California Cities Conference./Maproved 4-0-1 with Councilwoman McCandliss absent. Minutes September 25, 1990 Page 13 e. RESOLUTION 1S874 APPROVING COMPENSATION AND FRINGE BENEFITS FOR THE CITY CLERK FOR FISCAL YEAR 1990-91 RESOLUTION 15874 OFI~/ciRED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilwoman McCandliss absent Announced that the deadline for applications for the Chula Vista 21 Committee is Friday, September 28, 1990. 22. COUNCIL COMMENTS a. Councilman Malcolm: Consideration of Resolution in support of HR 5462 (Bates) Amending Federal Water Pollution Control Act (Wastewater Treatment) MSUC CMalcolrn/Nader) to support HR 5462. b. Councilman Nader: MSUC CNader/McCandliss) refer to staff the possibility of holding an annual commllnity event at the center. Councilman Moore stated such an event could be quite costly. He noted the farewell party for the Mayor was not a City sponsored event, but organized by the community. ADJOURNMENT MSUC CNader/Malcolm) to refer the closed session items to outside counsel - Daley and Heft. Pending litigation pursuant to Government Code Section 54956.9 - Escobedo versus City of Chula Vista Pending litigation pursuant to Government Code Section 54956.9 - Simon's Loan and Jewelry versus City of Chula Vista, et al. ADJOURNMENT AT 11:15 p.m. to the Regular City Council Meeting on October 2, 1990 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk "N "' /\ , \ '~ . Vicki C. Soderquist, Deputy ~iry Clerk