HomeMy WebLinkAboutcc min 1990/10/09 MIN2JTE.S OF A REGULAR MEETING
OF THE CITY OF CHULA VISTA
Tuesday, October 9, 1990 Council Chambers
6:0S p.m. Public Services Building
CALL TO ORDER
1. ROll. CALL:
PRESENT: Councilmembers McCandliss, Moore, Nader, and Mayor Cox
ABSENT: Councilmember Malcolm
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PI.RDGE OF ALI.F. GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: September 11 and 18, 1990
MSC CMoore/McCandliss) to approve the minutes of September 11 and 18, 1990 as submitted. Approved
4-0-1 with Councilman Malcolm absenL
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office - Resource Conservation Commission: Mr. I<racha was not in attendance
CONSENT CAIZNDAR
(Item pulled: 13 and 1S)
BALANCE OF THE CONSENT CAKENDAR OFFFA1ED BY COUNCILWOMAN MCCANDLISS, reading of the text
was waived, passed and approved 4-0-1 with Councilman Malcolm absent.
S. WRrt-rb.N COIVlMUNICATIONS:
a. Requesting waiver of license requirements for Burton C. Tiffany Elementary School PTA Craft Fair -
Claudia D. Gardinier, Craft Fair Co-Chair. It is recommended that the license requirements and fees be
waived, as it consistent with past practice of the City Council.
b. Requesting clarification of Community Purpose Facilities Task Force recommendations - Eugene R.
Pierson, 972 Melrose Avenue, Chula Vista, California 92011. It is recommended that staff be directed to
respond to the questions raised in the letter from Eugene R. Pierson.
6. ORDINANCE 2401 AMENDING THE CITYS MUNICIPAL CODE RI~J ATING TO BUSINESS
LICENSE TAXES TO ADD SECTION 5.04.145 'RATES FOR OFFSITE, MULTIUSER HA7AP, DOUS WASTE
FACILITIES' (second reading and adoption) - In accordance with the state of California's Health and Safety
Minutes
October 9, 1990
Page 2
Code, Division 20, Chapter 6.5, Section 25173.5 the City is proposing to set the business license tax for
multiuser hazardous waste facilities at 10% of the facility's gross receipts for the treatment, storage, or
disposal of hazardous waste, excluding gross receipts derived from recycling hazardous wastes or from the
treatment of infectious wastes. Staff recommends Council place ordinance on second reading and adoption.
(Director of Finance)
7. ORDINANCE 2402 AMENDING SECTIONS 2.30.020 AND 2.30.060 OF THE CHULA VISTA
MUNICIPAL CODE RF. LATING TO THE EXPANDING MEMBERSHIP ON THE ECONOMIC DEVF~OPMENT
COMMISSION FROM SEVEN TO NINE MEMBERS ('second reading and adoption) - At the 10/2/90 meeting,
Council placed the attached ordinance on first reading, with two interlineations relative to (1) prohibition
of.dual office holdings and (2) limiting the duration of the "holdover office" privileges to a maximum term
of six months. The ordinance contains the changes as interljneated by Council. Staff recommends Council
place ordinance on second reading and adoption. (City Attorney) l~t~'~
8.A. ORDINANCE 2403 AMENDING CHAPTER 2.33 OF THE (;HI. HA VISTA MUNICIPAL CODE
REVISING THE STRUCTURE FOR THE FORMATION OF THE CULTURAL ARTS COMMISSION (farst reading)
- At the meeting of 10/2/90, Council directed the City Attorney to return with revisions to the Chapters of
the Municipal Code creating the authority for the Cultural Arts Commission and the Child Care Commission
that will allow initial appointees assigned to Initial Terms of two years or less to serve two additional full
four year terms. Staff recommends Council place ordinance on first reading. (City Attorney)
Mayor Cox questioned whether the ordinance (paragraph E and F) would be clearer regarding the number
of votes required for passage of an ordinance if the information was included in the ordinance rather than
being in a footnote.
City Attorney Boogaard responded that if a quorum artended the meeting, three votes would then pass a
measure (paragraph F). It was his recommendation to have a majority which would be consistent with
Roberr's Rules of Order and would enhance the ability of the commission to do business. This would be for
the Cultural Arts and Child Care Commissions. It was his intent to have this apply to all boards and
commissions.
Councilman Nader questioned if it could be set up for a majority of members, not number of seats, as there
are rimes when action needs to be taken and there are vacancies on the board or commission.
City Attorney Boogaard responded that the ordinance could be interlineated by stating "the majority of votes
cast by the occupied seats on the commission~. Recommendations could come to Council with a majority
of votes in attendance, abstentions would not count against.
Councilman Nader felt that would answer his concems.
City Attorney Boogaard recommended the ordinances be interlineated to read "a majority of votes cast, but
not less than a majority of the quorum be required for the passage of any resolution of the commission".
MSC (Cox/McCandliss) to revise ordinance 2403 and 2404 to include: 'a majority of votes cast, but not less
than a majority of the quorum be required for the passage of any resolution of the commission~. Approved
4-0-1 with Councilman Malcolm absent.
Minutes
October 9, 1990
Page 3
B. ORDINANCE 2404 AMENDING CHAPTER 2.34 OF THE CHULA VISTA MUNICIPAL CODE
REVISING THE STRUCTURE FOR THE FORMATION OF THE CHILD CARE COMMISSION (first readin~ -
Staff recommends Council place ordinance on first reading. (City Attorney)
9. ORDINANCE 2405 CREATING THE CHUIA VISTA INTER-AGENCY WATER TASK FORCE AND
ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF (first reading) -In June 1990, Council received
the Final Report of the Ad-Hoc Water Task Force. One of the major recommendations of the Water Task
Force committee was to establish an Inter-Agency Water Task Force, including members from the City
Council of Chula Vista and representatives from the two water agencies serving Chula Vista. Staff
recommends Council place ordinance on fncst reading. (Director of Public Works)
MSC (Moore/McCandliss) to continue Ordinance 2405 for one week to allow the appropriate water agencies
to take action, two weeks if they are not able to respond within that time frame. Approved 4-0-1 with
Councilman Malcolm absent.
10. RESOLUTION 15889 AppROVINGANAMENDMENTTOTHEAGREEMENTVVITHTHECOUNTY
OF SAN DIEGO RELATING TO THE DESIGNATION OF ~ VISTA HARBOR AS THE SO~RN HOME
PORT OF THE TALLSHIP CALIFORNIAN - The County of San Diego has allocated $7,000 in its Community
Enhancement Program to go toward the City's $25,000 grant in securing Southern Home Port status of the
tailship Californian. The City needs to contract with the County in order to receive this funding. Staff
recommends approval of the resolution. (Depu& City Manager Thomson) ~3~V
11. RESOLUTION 15890 APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN
LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A
PI~f,tMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF
CERTIFICATES OF PARTICIPATION BF.I .ATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN
ACTIONS WrI'H RESPECT THERETO - The City Council has authorized acquisition of a new computer
mainframe for Data Processing and a new automated Library system. Staff is proposing to finance
acquisition of the equipment through the California Cities Financing Corporation. Staff recommends
approval of the resolution. (Director of Finance)
12. RESOLUTION 15891 AppROVINGANAGREFaMENTWITHIWrlEF. LER, WIMER, BLACKMANAND
ASSOCIATES FOR THE PREPARATION OF THE APPLICATION FOR THE CALIFORNIA LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT (PROPOSITION 8.5, NOVEMBER 1988) - The resolution
approves an agreement with WheeleL Wimer, Blackman and Associates in the amount of $114,S00 for the
preparation of the application for the California Library Construction and Renovation Bond Act. Staff
recommends approval of the resolution. (Library Director)
13. RESOLUTION 15892 AppROVINGANAGREEMENTWITHjHKANDASSOCIATESTOCONDUCT
THE 1990 GROWTH MANAGEMENT TRAFFIC STUDY AND APPROPRIATING $63,450 FROM THE
TRANSPORTATION DEVELOPMENT IMPACE FEE FUND - The 1990 growth Management traffic study
consists of an assessment of the performance of signalized intersections city wide for evaluation under the
city's Growth Management Traffic Threshold Standards. The Growth Management traffic study is conducted
annually to provide current information and allows city staff to monitor traffic impacts resulting from
proposed land developments. The first Traffic.Monitoring Program Study was performed in 1989. Staff
Minutes
October 9, 1990
Page 4
recommends approval of the resolution. (Director of Public Works) 4/5's vote required. Pulled from the
Consent Calendar. 7~5~
Councilman Nader questioned the number of signalized intersections in the 1989 report that were below
Level C. He questioned the methodology utilized for evaluating the streets and intersections.
Cliff Swanson, City Engineer, responded that 6 out of 8 intersections were at the threshold standard.
dohn Lippitt, Director of Public Works, replied that when the threshold standards were adopted, the ICU
method was utilized and the interchanges were not included in the original study. Under the proposed
agreement, both methodologies would be utilized. Staff would like to come hack in six weeks with a critique
on which way the City should go and what levels of service should be adopted if another methodology of
measurement is used.
Councilman Moore asked for a brief description of the two methods utilized.
Mr. Lippitt responded that the t~vo systems currently utilized are the ICU method, Intersection Capacity
Utilization and the HCM, Highway Capacity Manual method. The first method is based on the capacity of
what an intersection can handle. The HCM measures the delay times of each leg and then averaged.
RESOLUTION 15892 OFP'I~RED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilman Malcolm absent.
14. RESOLUTION 15893 AUTHORIZING THE ~ DEVELOPMENT COMPANY TO CONSTRUCT )
A PORTION OF TRI.~GRAPH CANYON ROAD (PHASE II) FROM 1,900 FEET EAST OF PASEO LADERA TO
JUST EAST OF APACHE DRIVE AND RECEIVE A CASH OR CREDIT REIMBURSEMENT AGAINST
TRANSPORTATION DEVELOPMENT IMPACT l~l~g - EastLake Development Company has requested
authorization to receive a cash or credit reimbursement against Transportation Development Impact Fees,
pursuant to Ordinance No. 2251 and as amended, for the construction of Telegraph Canyon Road (Phase
II). Staff recommends approval of the resolution, (Director of Public Works)
15. RESOLUTION 15894 MODIFYING THE SCHEDULE OF FRR.q TO INCREASE THE SEWERAGE
PARTIQPATION FEE BY I~I.KVEN (11%) PERCENT TO $2,220 - Chula Vista's new and existing users will
need to contribute for expansion and upgrade of the metropolitan sewerage system. Sewer service charges
were recently increased by 11%, therefore it is recommended that the sewer participation fee also be
increased by 11%. The resolution would take effect 60 days from the date of passage. Staff recommends
approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. 7q~
Councilwoman McCandliss questioned the changes made to the sewer participation fees or sewer fees within
the last six months or one year.
John Lippitt, Director of Public Works, responded that approximately one year ago the fee was raised from
$600 to $2,000 per dwelling unit. In August, the monthly rate was increased by 20%. This was not only
to cover increased operating costs but to also prepare for upgrade of the Metro System. Staff is proposing
that both fees be increased by approximately 11% per year, on an annual adjustment.
Mayor Cox referred to the possible annexation in Rancho Vista North and questioned whether they would
be allowed to utilize the $2,000 fee which was in existence when they initiated their effort.
Minutes
October 9, 1990
Page 5
Mr. Lippitt responded that they approached the City six or eight months ago and that if the City were to
receive a serious petition within the sixty day period, he felt the Council could then utilize the $2,000 fee.
RESOLUTION 15894 OI, FI~IED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilman Malcolm absent.
16. RESOLUTION 15895 GRANTINGDEVELOPMENTIMPACTFEECREDITFORWORKTOBEDONE
BY UNOCAL ON EAST 'I-r STREET WEST OF OTAY LAKES ROAD -UNOCAL Oil Company has submitted
plans to build a service station at the northwest comer of East "H" Street and Otay Lakes Roads. As part
of the requirements for the building permit, they were required to widen East "H" Street immediately west
of Otay Lakes Road and to modify the median island at the northwest comer. UNOCAL should receive DIF
credit for a portion of that work. Staff recommends approval of the resolution. (Director of Public Works)
City Attorney Boogaard stated approval of the action would also result in a waiver of UNOCAL's claim for
the reduction of DIF fees.
17. RESOLUTION 158% APPROVINGCON'I1L~CTANDAPPROPRIATINGFUNDSFORSERVICESOF
BUD GRAY AS REPLACEMENT FOR A SENIOR PIANNER IN THE PLANNING DEPARTMENT - From
November 1989 through September 1990, this vacancy was filled under contract by Robin Keightley who
resigned to take a permanent position with the City of La Mesa. Bud Gray would work on a 20 hour per
week basis as a contract planner with the contract to be paid from the Baldwin deposit account. Staff
recommends approval of the resolution. (Director of Planning) 4/S's vote required. /q:~ /
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18. PUBLIC HEARING CONSIDERATION OF AN ORIGINATION CHARGE OF 1% FOR USE OF
ASSESSMENT DISTRICT FINANCING - A public hearing was set to consider an origination charge of 1% for
the use of assessment district financing. A policy relating to this origination charge, assessment district and
ordinance no. 2397 is also being considered. Staff recommends approval of the resolution. (Director of
Public Works) /~q~.~
This being the time and place as advertised, the public hearing was declared open.
Cliff Swanson, City Engineer, gave a brief overview of the staff report.
There being no public testimony, the public hearing was declared closed.
Councilman Nader questioned to what extend the policy would restrict the assessment districts.
City Attorney Booguard responded that the policy was an additional restriction which would allow the City
to include access streets in the assessment districts.
John Lippitt, Director of Public Works, stated this would be a way to have the major streets developed all
at the same time rather than piecemeal.
Minutes
October 9, 1990
Page 6
Councilman Nader felt there should be a provision which would allow waiver or exceptions of the policy.
City Attorney Boogaard responded that as a matter of policy, variations could be made by Council.
RESOLLFI'ION 15897 ADOPTING CITY POIdCY RFLATING TO ASSESSIVIFZ~T DISTRICT
PROCRRDINGS, IMPI~aMENTATION OF PROVISIONS CONTAINED IN ORDINANCE 15FtJMBER 2397, AND
ESTABLISHING AN ORIGINATION CHARGE
RESOLUTION 15897 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilman Malcolm absent,
19. PUBLIC HEAPriNG PCZ-90-I-M: CITY-INITIATED PROPOSAL TO IONrE CERTAIN
TERRITORY, GENERALLY BOUNDED BY WALaNLrF DRIVE, MAIN SrrREET, PALM DRIVE AND THE ALrFtJMN
HILLS CONDOMINIUM PROJECT FROM ITS CITY-ADOPTED COLrNTY ZONE CLASSIFICATIONS TO CITY
CIASSIFICATIONS DTIIJZRB THROUGHOLrF CITOLA VISTA - In all cases, the proposed zone amendments
are the best attempt to convert city-adopted county zoning to equivalent city zoning without adversely
impacting development capability of the properties. Staff recommends that Council: 1) find that this
reclassification, based on the Initial Study and comments on the Initial Study and Negative Declaration, will
have no significant environmental impacts and re-adopt the Negative Declaration issued on IS-88-4M and
IS-88-6SMfortheMonrgomerySpecificPlan;and2) place ordinance on ~rst reading. (DirectorofPlanning)
This being the time and place as advertised, the public hearing was declared open.
Anthony Lattieri, City Consultant, gave a brief staff presentation regarding the proposed rezoning of
Woodlawn Park and East Woodlawn Park.
Councilwoman McCandliss noted the two church sites designated outside of the residential zoning and
questioned whether Council should be addressing the designation of community purpose zoning.
Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, stated he lived in Woodlawn Park and was
disappointed that there were no meetings held in the area so residents could express their opposition to
proposed changes. His main concern was over the deletion of residential/commercial (R/C) zoning.
Dan Pass, Principal Planner, responded that staff had checked and that residential/commercial zoning had
never been assigned to this area.
Mr. Latttieri stated that the RC zoning for the county was rural/commercial and not residential/commercial
zoning.
Mayor Cox referred to a memorandum sent to Mr. Greene, from the City of Chula Vista, which indicated that
the County d San Diego RC zone was residential/commercial.
George Krempl, Deputy City Manager, responded that the memorandum was in response to several questions
Mr. Greene had made, and that staff had not checked the definition of the county RC zone but had relied
on Mr. Greene's interpretation. The point of the letter was to indicate that in order to establish this type
of zone, action would have to have been taken by the County before annexation.
Mr. Lattieri replied that the County had two zones, one being rural/commercial a~d the other
residential/commercial. After checking the zoning ordinance, the RC zone is residential/commercial. ~'~
Minutes
October 9, 1990
Page 7
Mr. Greene requested that if he had residential/commercial zoning in the county, that the area be designated
residential/commercial under city zoning.
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2406 ADOPTING PCZ-90-I-M: REZONING CERTAIN TERRITORY, GENERALLY
BOUNDED BY WALNUT DRIVE, MAIN STREET, PALM DRIVE AND THE AUTUMN HILLS CONDOMINIUM
PROJECT FROM ITS CITY-ADOPTED COUNTY ZONE CLASSIFICATIONS TO CITY CLASSIFICATIONS
UTILIZED THROUGHOUT CHULA VISTA (first reading)
ORDINANCE 2406 PLAC.~.n ON FIRST READING BY MAYOR COX, reading of the text was waived, passed
and approved 4-0-1 with Councilman Malcolm absent
Mayor Cox stated he offered the ordinance for first reading due to the recommendations of the Montgomery
Planning Committee, Planning Commission, and staff. He was convinced that at no time was there RC
zoning under the county and that the recommendations were consistent with prior county zonings.
OTHER BUSINESS
20. ORAL COMMUNICATIONS
20a. Mary Gunthorp, 789 Energy Way, Chula Vista, California, representing Onager Corporationl
expressed her concern over the dangerous situation and number of accidents at the intersection of Otay
Valley Road, Main, and the fleeway. She noted traffic has become extremely heavy due to new
developments. ]~ ~
John Lippitt, Director of Public Works, responded that Council had approved funding for the design of traffic
signals for that interchange. It is hoped that the project will be completed by the end of the fiscal year.
CalTrans has not approved participation in financing at this time.
2Oh. Bud Pocklington, 656 Glover Place, Chula Vista, California, stated the water break had been replaced
and was back in service. The District wfil be addressing the issue of keeping pipe in storage in case of
emergencies.
21. ITEMS pUI.I.RD FROM THE CONSENT CALENDAR (Items 13 and 15) The minutes will reflect the
published agenda order.
22. CITY MANAGER'S lIEPORT(S) - No report given.
23. ' MAYOWS REPORT(S)
a. Complimented the Public Works Department on the work done on the parking lots adjacent to the
entrance gate for the Nature Interpretative Center.
b. Referred to the accident on Nacion and "L" Street. Iq,~,
Minutes
October 9, 1990
Page 8
MSC (CoX/Moore) to refer the intersection, slope, and particular incident to slxff and the Safety Commission
for review to see if anything further could be done to slow down the traffic on the suceet. Approved 4-O-1
with Councilman Malcolm absent.
c. Ratification of appointments to Boards, Gornmlssions and Committees: Economic Development
Commission - Continued from 10/2/90 meeting.
MS (Cox/Moore) to ratify the appointments of Penny Allen, Marshall Compton, Patty Davis, Albert Gerber,
Jim LoBue, Gonzalo Lopez, Mike Maslak, Don Read, and William Tuchscher to the Economic Development
Commission. /~t86 2
Councilman Moore questioned whether a position had been budgeted for which would assist the Economic
Development Commission.
City Manager Goss responded that a project coordinator (mid-level manager) had been budgeted. The
position would assist in housing and redevelopment activities which would then flee up the Assistant
Director, who had been designated to the economic development area.
Councilman Nader expressed concern over the composition of the Commission. He viewed the Commission
as one of the most important that had been set up and he wanted to see planned development and growth
that would benefit the citizens of Chula Vista. In reviewing the list of applicants, he did not see the
expertise he felt was needed for the Commission to succeed.
Councilwoman McCand]iss stated she also shared the concerns expressed by Councilman Nader. While it
is important to carry on the continuity of the Chula Vista 2000 Committee, members are needed with
particular economic development expertise. She felt that in order to accomplish this, names would have to
be brought forward to the Council and ex-officio slots should be created on the Commission for non-residents
in order to tap their expertise.
Mayor Cox stated the ordinance allowed for ex-officio members.
VOTE ON MOTION: approved 3-1-1 with Councilman Nader voting no and Councilman Malcolm absent.
c. Referred to the 10k race on October 21, 1990 and the press conference held with Arturo Baros.
24. COUNCIL COMMENTS
a. Councilwoman McCandliss:
Referred to the problems with the "H" Street trolley parking lot and the extra security efforts that had been
made. She felt that the public transit system would not work if the public could not be guaranteed that
their cars would not be vandalized. She requested that staff contact MTDB regarding the safety and security
at the trolley stations within the City of Chula Vista. If it is perceived that the security company currently
being utilized is not sufficient, the City should review the possibility of taking over security similar to what
the Port District has done. She would like to have staff submit recommendations back to Council. ]q36(5
Councilman Nader questioned whether MTDB was conducting any type of internal investigation to the
charges that were made.
Minutes
October 9, 1990
Page 9
MSC 0VlcCandliss/Nader) to refer to staff to contact MTDB regarding the safety and security of the trolley
stations within the City of Chula Vista with a report back to Counc~ regarding recommendations for
improved safety and review of whether the City should consider the responsibility of providing security for
the stations. Approved 4-O-1 with Councilman Malcolm absent.
b. Councilman Malcolm:
Legislative Report: "Operation Budget Freedom" - Proposal by the League of California Cities to
repeal/replace SB 2557, to put a stop to future reductions of local revenues and provide a long term revenue
base for cities and counties. SUPPORT
MSC (CoX/Nader) to support 'Operation Budget Freedom' - SB 2557, approved 4-0-1 with Councilman
Malcolm absent.
ADJOURNMENT
The meeting adjourned at 8:00 p.m. to a Redevelopment Agency meeting.
City Attorney Boogaard stated there was no new information regarding County versus Rabin and therefore
a closed session was not necessary.
The City Council met in a closed session at 9:25 p.m. to discuss:
Imminently potential litigation pursuant to Government Code Section 54956.9 - Jones Intercable
versus City of Chula Vista
Pending litigation pursuant to Government Code Section 54956.9 - Jesus Sanchez, et al. versus Bill
Signs Trucking, Inc., et al.
MSC (Cox/Moore) to refer Bills Signs Trucking, Inc. to the law firm of Daley & Heft. Approved 4-0-1 with
Councilman Malcolm absent.
MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, CALIFORNIA
The meeting was called to order at 8:12 p.m. by Chairman Cox.
1. ROLL CALL:
PRESENT: Members McCandliss, Moore, Nader, and Chairman Cox
ABSENT: Member Malcolm
ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Beverly
A. Authelet, City Clerk
2. REPORT FURTHER ANALYSIS OF DEVELOPMENT PROPOSALS FOR AGENCY-
OWNED WINDMILL SITE - Continued from 9/11/90 meeting.
Minutes
October 9, 1990
Page 10
Chris Salomone, Director of Cf,rnmunity Development, stated the comparison of the two projects, Pacific
Scene and Flagship, as requested by Council had been completed. After comparison by staff, the Pacific
Scene project was recommended. The Town Centre Project Area Committee again reviewed the projects and
recommended that the Windmill Farms site be developed with a mixed use of office and commercial, but
that residential uses should not be incorporated in the site.
Member Nader questioned whether Mr. Hyde had changed his vote and if it was a unanimous vote for the
Pieri project.
Mr. Salomone stated the Commission's recommendation was unanimous for the Pieri project.
Member McCandliss stated she was bothered by the evaluation criteria as stated in the RFP and felt staff had
gotten away from this criteria. She also felt the ownership of the site gave the Agency certain opportunities,
i.e. more money, tenants, etc. The proposals including residential, could be placed anywhere in the City and
did not appear to be the spark plug needed on Third Avenue. She requested that staff respond to the
following questions: 1) what is seen as the overall benefit to Third Avenue of each proposal, 2) if staff
recommendation is approved, what would the infrastructure solutions, 3) the integrity of the RFP process,
and 4) if Pieri is accepted, outside the standards, i.e. "highrise" how it the integrity of the area maintained
regarding future developments in the area.
Mr. Salomone replied that staffs analysis of the Pieri project was based on economic development criteria.
The project would provide a sense of development and an employee base that would be there during the
ctay~ime hours, which was felt to be a much needed revitalization effort. Compatibility with the surrounding
area is a concern and will be dealt with during site and architectural review. Staff felt the redevelopment
process was at a point where they were taking chances, but a chance well worth taking. The site is
sufficiently served by water, sewer, and power but the clear issue is traffic and would be with all three
projects. This will have to be analyzed indepth and the Agency will then have to make a decision. He felt
the proposal process was flawed; there was no intent to deceive nor is the product out of character with
what was proposed. The Pieri project does fall within the large criteria in the Town Centre I Redevelopment
Plan and Design Manual. He had wanted the RFP process to be open ended to see what the market would
bear. The addition of the Kentucky Fried Chicken site, after proposals were received, made it a confusing
process. He felt a "high rise" could be seen as a precedent, but because it is in a redevelopment area,
decisions can be made on criteria based on State law for that redevelopmerit area.
Director Goss replied that he was not certain that a five story building was categorized as a "high rise" but
that there was a sixteen story building in the project area. He felt the precedent was already set in the area
but that there were numerous controls.
Member McCandliss felt the Agency needed to maintain certain standards of conduct regarding guidelines
for approval, whether Agency owned property or privately owned property.
Member Nader questioned whether the developers had scaled back densities of their projects before the final
submittal. He expressed concern that people were being told to maximize densities to only find out later
from the Agency that there were other considerations. The Agency approach and staff approach should be
similar.
Mr. Salomone responded that there had been interaction between the developers and staff. He felt they had
been given the design manual and criteria along with any direction staff had been given by the Agency in
the past. A criteria will be developed out of this process for future RFP's and contact will be limited with
the applicants.
Minutes
October 9, 1990
Page 11
Chairman Cox suggested that each company be given time to make any comments to the Agency regarding
their project and then have the Agency select the party to negotiate a development agreement.
Member Nader questioned where the Agency would go if after negotiations, the Agency felt the problems
could not be sufficiently mitigated.
Mr. Salomone responded there were no implied guarantees by picking a project tonight.
Jim Moxom, representing Pacific Scene, did not feel it necessary to reiterate the size and scope of the project
but he repeated a comment the Mayor had made in the past in which he felt the project was to important
to be considered without a full Council. Due to the absence of Councilman Malcolm he questioned whether
it was a change of heart or had he misunderstood.
Chairman Cox responded that he had no direct communication from Member Malcolm regarding a
continuance. He had made the comment but unfortunately that did not always work out. With the input
from the Town Centre Project Area Committee, and if the Agency could come to a conclusion, they would
move forward tonight. If three votes were not obtained, the item would be continued.
Mr. Moxom stated they had been encouraged by one employee of the Redevelopmerit Agency to come
forward with a mixed use project. As mixed use, they were talking about commercial, office and residential
and they did this in order to be in conformance. He understood there was a one hundred foot height
limitation in the Town Centre design criteria and a forty-five foot height limitation in the existing zoning.
In talking to the Planning Department, they were told the more restrictive zoning would be enforced unless
a variance was obtained. They had worked very hard to keep their project within the scope of zoning and
general plan, and the Town Centre criteria. He admired Mr. Pieri's boldness, and felt they all could have
done the same, but after reviewing the zoning, criteria, residences on Alvarado, they did not feel it was
appropriate to put up a five story building. He felt the shadows of a five story building on the residential
neighborhood would be significant. He asked that the Agency consider their proposal in complete
conformance and that for future proposals, all applicants have the opportunity to submit questions in
writing, to be answered by staff during a public hearing, with replies made in writing to those not in
attendance. He hoped the Agency would make a decision tonight for Pacific Scene, as they were committed
to work with the City and bring forth a good project.
Member Nader stated he appreciated the project submitted by Pacific Scene and the recommendations for
refining the RFP process.
Member McCandliss questioned whether Pacific Scene would submit the same proposal today, knowing
everything they know now.
Mr. Moxom replied that they would not. If they had known it was the desire of the Agency to have a
"statement" project, digress from the Town Centre design criteria, and run the risk of the impact it could
have on a residential area, they would have possibly altered their project. He felt everyone had learned
through the process that the goals and direction of the Agency were not clear to all three of the applicants.
Jeff Phair, 145 Willow Street, #2001, Bonita, California, representing Pieri Company, thanked the staff of
the Redevelopmerit Agency and congratulated the other developers for their proposals. They felt their project
has tremendous economic benefit to the City of Chula Vista and the residents of the community. They also
felt they had offered a concept that was greatly needed in the downtown area. They were prepared to work
with the staff regarding the balance of aesthetics versus revenues and other issues. They were also prepared
to invest within the City of Chula Vista and requested the Agency respect the unanimous approval of the
Town Centre Project Area Committee.
Minutes
October 9, 1990
Page 12
)
Member McCandliss questioned whether they would be willing to scale back the project if it was deemed
necessary during the six month negotiating process.
Mr. Phair responded that they were ready to work with staff to do whatever was necessary from an aesthetic
or density standpoint to mitigate whatever needs had to be met to make the project compatible with the
community. This would include scaling back the project.
Member Nader questioned whether they would be willing to make trade-offs to achieve some under
grounding for parking.
Mr. Phiar responded that he would have to defer that question to the team that had designed the project.
They would keep an open mind to doing whatever was needed to mitigate the aesthetic aspect of the project.
John O'Brien, representing Flagship, stated they were not expecting to give a presentation tonight. They
would like to compliment the Redevelopmerit Agency staff and their competitors. Their proposal only
contains 3,000 sq. ft. of retail, but they felt the goal was to improve the downtown retail rather than
competing with it. They also offered the most money to the Redevelopment Agency and felt that should be
considered. They had also made great efforts to conform with the requirements by the City. They did meet
with staff, listened, and brought back a project they felt was in conformance. Their goal was to make sure
the project would succeed and they did obtain a tenant for the project. The tenant has now agreed to
become a partner in the project.
Jack Blakely, 527 Welton Street, Chula Vista, California, representing the Downtown Project Area Committee,
stated they had several concerns and had requested that the Pieri project be included for reconsideration by
the Committee. After reconsideration, the Pieri project was unanimously chosen. They are concerned that
maybe the two story village concept is not working in the downtown area and he recommended that the
Agency also approve the Pieri project proposal.
Chairman Cox felt the concern regarding traffic would have to be addressed further and questioned whether
staff had information on what the impact on traffic would be if Kentucky Fried Chicken were to be moved
to another site.
Chris Salomone, Director of Community Development, responded that an analysis had not been done at this
time.
Chairman Cox stated the Flagship proposal had many pluses, Pacific Scene had done many beautiful projects
in the City of Chula Vista, and Pieri was well established with numerous projects. He thought the project
approved should provide additional opportunities to the downtown area and he felt the Pieri proposal best
meet those needs. He thought Council should move forward with the recommendation of staff and the
Project Area Committee and move into an exclusive right to negotiate with the Pieri Company.
Member McCandliss noted the difficulty of the decision as she saw problems with each proposal. She did
see the greatest potential for opportunity with the Pieri proposal and would insist that 1) similar principals
be applied to the Pieri proposal as were applied to the Pacific Scene project in the Montgomery area in order
to obtain the best mix for Third Avenue, 2) whatever areas that are out of accord with the design standards
for Third Avenue be brought into compliance if possible, if not, each area that disrupts the concept,
highlighted so the Agency is aware of those areas that are being waived, 3) changes should be made to the
design, not the streets, if there is found to be a problem with traffic. She felt this could be moved to the
next stage, but she would like to see a fai~y tight negotiating period with some of these questions answered.
Minutes
October 9, 1990
Page 13
Member Moore questioned which Town Centre design guidelines would not be met by the Pieri project. He
stated his concerns were with the design of the parking garage and softening its impact on the apartment
dwellers and the traffic situation that would be created.
Mr. Salomone responded that the project fell within the broad guidelines of the Town Centre design
guidelines manual.
Member McCandliss referred to a City which requires shuttle service to the site to alleviate "rush hour traffic"
and she felt alternatives should be explored.
Member Nader stated it was a difficult choice but complimented all three firms on their proposals. He noted
the reconsideration by the Project Area Committee and their unanimous vote for the Pieri project. Also taken
into consideration was the input from the downtown businessmen and their recommendation of the Pieri
project. He felt that as a follow up there should be some changes in the RFP process.
MSC (Cox/Moore) to designate the Pieri Company as the developer of the Windmill Farms site and authorize
staff to negotiate a semi-exclusive fight to negotiate agreement and return to the Agency for approval.
Approved 4-0-1 with Member Malcolm absent.
MS (Nader/McCandliss) refer to staff with a report back to the Agency with suggestions on implementing
measures for revision of the RFP process for Redevelopment Agency projects to provide a process whereby
each applicant could submit questions that would be available to all other applicants and would be answered
in a meeting open to all applicant.
Member McCandliss stated she was embarrassed with the process taken and the lack of direction given. The
process should clearly be a competitive process.
VOTE ON MOTION: approved 4-0-1 with Member MalcoLm absent.
3. RESOLUTION 1122 APPROVING AND RATIFYING AN AGRRRMENT FOR PROFESSIONAL
SERVICES WITH MR. ANTHONY CIOTI'I AND APPROPRIATING FUNDS THEREFORE - Continued from
10/4/90 meeting.
RESOLUTION 1122 OFFERFI) BY MEMBER MCCANDLISS, reading of the text was waived, passed and
approved 4-0-1 with Member MalcoLm absent.
4. ORAL COMMUNICATIONS: - None
5. DIRECTOR'S REPORT: - None
6. CHAIRMAN'S REPORT: - None
7. MEMBER'S COMMENTS:
a. Member Nader:
Minutes
October 9, 1990
Page 14
,)
Referred to graffiti around the City and the pending CouncL! referral. He requested that staff expedite the
report back to Council and review the possible use of a 'nuisance law" as part of the referral.
ADJOURNMENT AT 10:10 P.M. to the Regular City Council Meeting on October 16, 1990 at 6:00 p.m. in
the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Deputy~City Clerk