HomeMy WebLinkAboutcc min 1991/01/15 MI~ OF A REGULAR MEETING
OF THE CITY OF CHULA VISTA
Tuesday, January 15, 1991 Council Chambers
6:05' p.m. Public Services Building
CAlL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Malcolm, Moore, Nader, and Rindone
ABSENT: Mayor McCandliss
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttomey; and Beverly
A. Authelet, City Clerk
2. pI.RI~GE OF AIJ.RGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINIEFt: None Submitted.
., 4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Charter Review Committee - Bob Campbell, Jack Blakely, Susan Fuller, John Dorso,
Ca~os Batara, Ted Hillock, and Sharon Reid. Oath of office administered by City Clerk Authelet.
CONSENT CALENDAR
(Items pulled: 9, 10A & B, 17A & B, and 19)
BALANCE OF CONSENT CALENDAR OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived,
passed and approved 4-0-1 with Mayor McCandliss absent.
5. WRITt'F.N COMMUNICATIONS:
a. Letter of resignation - International Friendship Committee, Delores Brines. It is recommended that
the resignation be accepted with regret, and that a letter of appreciation be sent to Ms. Brines.
b. Request for financial help to underwrite the continental breakfast for the Ninth Annual Conference
for the amount of $1,0000 - National Forum for Black Public Administrators, P.O. Box 249, Lynwood, CA
90262. Staff cannot recommend expending public funds on a function a considerable distance from Chula
Vista nor for the purpose indicated. /~,~'~
6. ORDINANCE 2432 A.MENDING ORDINANCE NUMBER 2320 BRIATING TO DEVELOPMF2qF
IMPACT F~-q TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE f~I-iY OF CHULA VISTA'S GENERAL
PLAN BOUNDARY Csecond readin~ and adoption) - In August 1989, the Council adopted a Public Facilities
DIF. The study recommending the DIF also recommended that the Master Fee be referred to an accountant
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January 15, 1991
Page 2
for fine tuning. Willdan and Associates has returned the study and prepared the report. Staff recommends
that Council place ordinance on second reading and adoption. (Budget Officer)
7. ORDINANCE 2433 ESTABLISHING A MORATORIUM ON ALL LAND USE APPROVALS ON THE
SAN DIEGO GAS AND RI.RCTRIC PROPERTY IN THE VICINITY OF *L* STREET (second reading and
adoption)- Staff recommends that Council p!ace ordinance on second reading and adoption. (City Attorney)
8. ORDINANCE 2434 AMENDING SECTION 2.52.040 OF THE CHULA VISTA MUNICIPAL CODE
TO CLARIFY THE STATUS OF LEGAL DEFENSE FUND CONTRIBUTIONS (fi~t readln~) - Staff recommends
Council place ordinance on first reading. (City Attorney) - Second reading will be January 22, 1991.
9. REPORT REGARDING ESTABLISHMENT OF AN ADVISORY CABLE COMMISSION -
At it's meeting of 12/11/90, Council requested staff to return with a report discussing the possible
establishment of an advisory cable television commission. Staff recommends Council accept the reporL
(Deputy City Manager, City Attorney, Director of Finance) Pulled from Consent Calendar.
Councilman Nader felt the staff report was narrow regarding the range of issues an advisory commission
could address. He felt they could address issues ranging from trench access to how many conduits would
be allowed, public access requirements, etc, He had been informed that the County of San Diego did have
a Cable Commission along with the City of Oceanside. He suggested that the item be referred back to staff
to speak with Commissioner Hall and others to obtain further information on how the commission could
be structured and what functions they might have that were not addressed in the staff report.
MS (Nader/Pdndone) refer the item to staff to talk with Commissioner Hall and others to obtain fiLrtheX
information on how a commission could be structured and what functions they might have that were not
addressed in the staff report.
Councilman Rindone requested that the report not come back to Council until an analysis of newly passed
legislation could be included, i.e. provides authority to local communities to set rates.
Councilman Nader agreed to incorporate Councilman Rindone's request in his motion.
Councilman Malcolm expressed concern that the Council would have to duplicate work done by a
commission due to the complexity of the issues. Therefore, he could not support the formation of a
commission.
VOTE ON MOTION: apprnved 3-1-1 with Councilman Malcolm vo¢tin. g no and Mayor McCandliss absent.
10. REPORT LEGAL AND PRACTICAL CONSEQIJF~CES OF IMPOSING OR REGULATING
TRENCH ACCESS FRFS: IMPOSED ON CABLE OPERATORS BY DEVELOPERS - At the 12/11/90 meeting,
Council directed staff to evaluate the City's ability to regulate trench access fees that are paid to developers
by the cable television providers. This report contains the advice of the City Attorney that the City Should
not attempt to regulate trench access fees, for a combination of reasons, some legal and some public policy.
However, if the Council so desires, two alternate ordinance forms of regulation are provided (each with an
urgency alternative); one prohibits trench access fees in the Main Utility Trench (Ordinance A), and the
other limits it to $.50 per cable operator per linear foot of trench (Ordinance B). Staff recommends that
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January 1S, 1991
Page 3
Council not adopt any ordinance attempting to regulate trench fees. (City Attorney) Pulled from Consent
Calendar.
Martin Altbaum, 581 "C" Street, Chula Vista, California, President of Chula Vista Cable, stated the tabling
of the ordinance would "take care" of his company and force him to raise his fees.
Mayor Pro Tempore Moore stated he had mixed emotions regarding this issue. He felt the City had to take
the position of referee in this issue.
Councilman Malcolm felt that the Council was well informed regarding cable issues. He also felt that
competition had been good for the City. He expressed concern over the report but not the conclusions. He
wanted to prohibit any exclusive franchise or use to any cable operator on all new tentative maps. He did
not feel that the system currently going on in the City was equitable. He would reluctantly support the
recommendation of the City Attorney. He would gladly support the Ordinance if he were to be guaranteed
that he was not putting the City at risk. He would do everything he could possibly do to insure equal access
to all companies.
Councilman Nader felt he would have to reluctantly support the City Attorney's opinion. It will be his intent
to insure equal access on the new tentative maps.
Mr. Altbaum offered the services of his attorney and their firm to indemnify the City of Chula Vista if they
pass a trench ordinance.
MSC OMalcolm/Nader) refer the item back to the City Attorney's office for review of the financial conditions,
guarantees, and of the legal firm that would be representing the City with a report back to Council.
Apprnved 4-0-1 with Mayor MeCandliss absent.
.,,
A. ORDINANCE 2435A PROHIBITING THE CHARGING F~F-q TO CABLE OPERATORS AS A
CONDITION TO OBTAINING AC~-e,S TO MAIN UTILITY TRENCHES CrHREE AFFIRMATIVE VOTES
REQUIRED) (first reading)
B, ORDINANCE 243SA-1 PROHIBITING, AS AN URGENCY MATI'ER, THE CHARGING FEES TO
CABLE OPERATORS AS A CONDITION TO OBTAINING ACCESS TO MAIN UTILITY TRENCHES (URGENCY -
FOUR AFFIRMATIVE VOTES REQUIRED)
C, ORDINANCE 243SB LIMITING THE AMOUNT OF TRENCH ACC~-qS FEES A DEVELOPER MAY
CHARGE TO CABLE OPERATORS IN ORDER TO OBTAIN ACCESS TO MAIN UTILITY TRENCHES CFHREE
AFFIRMATIVE VOTES REQUIRED) (first reading)
D, ORDINANCE 243SB-1 LLIMI-rING AS AN URGENCY MAi-i P,P,, THE AMOUNT OF TRENCH ACCESS
FF.F_q A DEVELOPER MAY CHARGE TO CABLE OPERATORS IN ORDER TO OBTAIN ACC~P-S TO MAIN
UTILITY TRENCHES (URGENCY - FOUR AFFIRMATIVE VOTES REQUIRED)
ll.A. ORDINANCE 2436 AMENDING SECTIONS 10.56.020 THROUGH 10.56.040, 10.56.150 AND
10.56.280 THROUGH 10.56.320 RE/ATING TO PARKING METER ZONES AND PERMIT PARKING (first
reading) - On 11/20/90, Council approved staffs recommendations to; (a) change the parking meter time
limit on the one-hour meters along Third Avenue to two hours and (b) to approve a parking permit system
for downtown area. In order to implement these recommendations the Council must adopt an ordinance
and approve a resolution amending sections of the municipal code and appropriating funds. Staff
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January lS, 1991
Page 4
recommends Council place ordinance on first reading and approve the resolution. (Director of Community
Development)
Removed from Consent Calendar by staff reeomm~..-ldation.
B. RESOLUTION 16006 AMFANDING THE MAb'tP_.R FEE SCHEDULE TO ESTABLISH THE PRICE OF
THE PARKING PEILMITS AND APPROPRIATING $11,155 FROM THE UNAPPROPRIATED BALANCE OF THE
PARKING METER FUND TO SPECIFIED ACCOUNTS
Removed from Consent Calendar by staff reeommendafioll.
12. ORDINANCE 2437 REVISING THE CErOLA VISTA WOODS SEWAGE PUMP STATION
MAINTENANCE CHARGE ORIGINALLY SET BY ORDINANCE 2181 (first reading) - On 1/6/87, Council
adopted Ordinance 2181 which established a special sewer service rate area for the Chula Vista Woods
Subdivision. This ordinance set a rate of $4.50 per month per household to be paid for the maintenance
of a temporary sewage pump station. Additional homes have subsequently connected to the pump station
and the amount which should be payable by each household has decreased as a result of these connections.
Staff recommends that Council place ordinance on ftrst reading. (Director of Public Works)
13. RESOLUTION 16007 APPROVINGAPPROPRIATIONTOPAYFORNONPUBLICLIABILITYLEGAL
COSTS - Unanticipated legal expenses for non-public liability related professional services have been incurred
this year in connection with special litigation and various smaller cases. An additional appropriation of
$62,200 will be needed to cover the expenses of these professional services. Staff recommends approval of
the resolution appropriating $62,200. (City Attorney)
City Attorney Boogaard requested that staff meet in Closed Session to discuss only the pending litigation,
the appropriation can be discussed publicly.
Councilman Malcolm responded that he would prefer to appropriate the amount specified as the public had
a right to know the dollar mount. Staff could come back before Council at a later date requesting further
appropriations.
14. RESOLUTION 16008 WAIVING BID REQUIREMENTS AND APPROVING EXECUTION OF A FIVE
YEAR LEASE AGRRRMENT FOR TWO KODAK EKTAPRINT 225 COPY DUPLICATOR MACHINES - In June
1988, the City leased two IBM copiers for a maximum term of five years. Due to extremely high usage, both
machines are experiencing considerable down time and are currently incapable of providing satisfactory
service for the remaining two-plus years of their five year term. K6dak acquired the lease interest of IBM
in these two machines but due to the maintenance difficulties the machines are causing Kodak, they desire
to replace these machines with new state-of-the-art equipment at this time. Staff recommends approval of
theresolution. (City Manager) i~9'~$/
15. RESOLUTION 16009 RATIFYING THE ~YALMINATION OF THE CONTRACT WITH CARRTEL
COMMUNICATIONS CORPORATION FOR VIDEO PRODUCTION SERVIcI~_q AND TAPING OF CITY COUNCIL
MEETINGS - The City has contracted with Camel Communications Corporation since December 1987 to
videotape the Tuesday City Council meetings for subsequent broadcast on Wednesdays over the Cable TV
systems senring Chula Vista. The most recent contract with Camel Communications would have expired
in June of 1991, but on 1/4/91 staff took administrative steps to cancel the contract immediately and made
Minutes
January 15, 1991
Page 5
alternate arrangements to videotape the 1/8/91 and subsequent Council meetings. Staff recommends
approval of the resolution ratifying the termination of the contract with Camel Communications
Corporation. (City Manager)
16. RESOLUTION 10610 AMENDING THE FY1990-91 BUDGET AND PROVIDING FOR THE
APPROPRIAT[ON OF FUNDS FOR OVERTIME AND FOR EMPLOYEE FRINGE BENEFIT INCRFASES
RESULTING FROM HEALTH PLAN PREMIUM INCREASES - In accordance with the M.O.U.'s of three
bargaining units, the City's contribution will increase for health insurance premiums and flex plans effective
1/1/91. Staff recommends that the non represented groups receive similar increases. Staff recommends
Council adopt the resolution appropriating $200,260.00. {Director of Personnel)
17.A. RESOLUTION 16011 APPROVINGFINALMAPANDSUBDMSIONIMPROVEMENTAGRR~MENT
FOR CHULA VISTA TRACT 88-3 UNIT 11 - Resolution approving final map and subdivision improvement
agreement for CVT 88-3 Unit 11 consisting of 87 single family residential units and four open space lots.
Staff recommends approval of the resolution. (Director of Public Works) Pulled from Consent Calendar.
C~ncilman Malcolm stated on~ of the issues to be addressed by Council is the issue of public play on the
golf course. He questioned the approval of the final map without that issue being solved. He felt that issue
should be decided before any homes were built.
Robert Loiter, Director of Planning, responded that issue of public play on the golf course is being addressed
as part of the conditional use permit for the golf course.
City Attorney Boogaard replied that Councilman Malcolm's perception was correct and that if EastLake is
unable to obtain a conditional use permit the area dedicated for a golf course would remain unimproved.
They would be able to build out the number of units according to the subdivision map tentatively approved.
Mr. Loiter stated that the plan prohibits the area from being used for anything other than a golf course.
Councilman Malcolm requested that the item be pulled from the Consent Calendar.
Councilman Malcolm questioned whether the City could require that the issue of the golf course be resolved
prior to the issuance of building permits.
City Attorney Boogaard responded that the condition in the tentative map was that the developer submit an
agreement that be processed through the CUP process. The City would therefore not have the authority to
withhold the building permits as the developer is not required to build a golf course.
Robert Snyder, 900 Lane Avenue, Chula Vista, California, representing EastLake Development Company,
spoke in support of the staff recommendations. He gave a brief review of the discussion held during the
tentative map approval. The golf course built there and beautiful and they will work with the City regarding
public access.
RESOLUTION 16011 AND 16012 OFFERED BY COUNCILMAN MALCOLM, reading of the tex~ was waived.
CoUncilman Nader stated he had voted against the project at the tentative map stage. He recommended that
staff include a copy of the tentative map conditions when the final maps are brought to Council for approval.
VOTE ON RESOLUTIONS: approved 4-0-1 with Mayor McCandliss absent.
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January lS, 1991
Page 6
B. RESOLUTION 16012 APPROVING A SUPPLEMKNTAL AGREEMENT FOR CHULA VISTA TRACT
88-3 UNIT 11 (EASTLAKE) - Pulled from Consent Calendar. /¥q'~,l
18.A. RESOLUTION 16013 APPROVINGFINALMAPANDASSOCIATEDSUBDMSIONIIVI~ROVEMENT
AGPFJ~MENT FOR CI-IULA VISTA TRACT 90-10, TIARA AT RANCliO DEL REY AND AU'I~ORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT-On 6/5/90, by Resolution 15660, Council approved the tentative
subdivision map for CVT 90-10, Tiara at Rancho Del Rey, The final map and associated agreements for this
subdivision are complete. Staff recommends approval of the resolutions. (Director of Public Works)/~qO.~ *r
Councilman Nader questioned whether there were any tentative map conditions that were still in controversy
or not resolved at this time.
Robert Leiter, Director of Planning, responded that all conditions had been met at this time,
B. RESOLLrI'ION 16014 APPROVING AGRF. RMENT TO SAT[SPY CONDITION OF APPROVAL 16 OF
TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 90-10, TIARA AT RANCHO DEL REY AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREF~ /~ ~'O
19. RESOLUTION 16015 ACCEFrlNG BIDS AND AWARDING CONTRACT FOR GROUNDS
MAINTENANCE EQUIPMENT - Bids were received and opened for the purchase of grounds maintenance
equipment approved in FY 1990-91 budget. The equipment consists of four tuff mowers, one power vacuum
and one sprayer. Staff recommends approval of the resolution. (Director of Finance) Pulled from Consent
Calendar. / ~/q~ ~
Councilman Rindone requested assurance that the way the bids were prepared were not written exclusive
of other vendors.
City Manager Goss responded that the City does not go out to bid for a specific piece of equipment, but with
specifications as to the type of attributes that would be best for the City, i.e. safety, efficiency, flexibility, etc.
In the case of this equipment, specific brands are not named but staff did describe advances made in
equipment which resulted in a single bid.
RESOLUTION 16015 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and
approved 4-0-1 with Mayor McCandliss absent.
* * END OF CONSENT CALENDAR * *
...
PUBLIC HEARINGS AND I~I.ATED RESOLUTIONS AND ORDINANCES
20. RESOLUTION 15990 CONSIDERATION OF FINAL SUPPLF. I~AL ENVIRONMENTAL lIMPACT
REPORT, EIR-89-10 RANClIO DEL REY SECTIONAL PLANI~G AREA (SPA) HI PLAN - The resolution does
not require a public hearing but is related to the following items. Staff recommends approval of the
resolution. (Director of Planning) Continued from the 1/8/91 meeting. I q[ qO 7
A. PUBLIC HFARING GPA-91-2: CONSIDERAT[ON OF AN AMENDMENT TO THE CIRCULATION
KI.~MENT OF THE GENERAL PLAN, INCLUDING REDESIGNAT[ON OF A PORT[ON OF EAST 'J* STREET
FROM A CLASS II COI.I.ECTOR ROAD TO A CLASS III- CITY INITIATED - Rancho Del Rey partnership has
Minutes
5anuarylS, 1991
Page 7
submitted a Sectional Planning Area Plan (SPA) for Rancho Del Rey SPA IlL Part of the land use and
circulation planning within the SPA included re-addressing the need for a connection of East "J" Street and
Buena Vista Way as shown in the General Plan. Staff recommends approval of the resolution. (Director of
Planning) Continued from the 1/8/91 meeting.
Mayor Pro Tempore Moore stated it was staffs desire to hold the public hearings simultaneously.
This being the time and place as advertised, the public hearing was declared open.
Barbara Reid, Assistant Planner, gave a brief overview of the size of the project.
Betty Dehoney, P & D Technologies, Project Manager, reviewed the EIR and final draft. Issues considered
non-significant were: land use, community social issues and community tax issues. Those considered
significant and mitigable were: geology and soils, drainage, air quality, cultural resources, transportation,
parks and recreation, and public services. Two issues were considered significant and unmitigated. They
were: biology, which has resulted in extensive consultation between the City and the U.S. Department of
Fish and W~dlife in which a comprehensive mitigation plan was coordinated with them and land form
alteration. Concerns relating tO cumulative air and water impact have resulted in the recommendation of
two additional conditions to the mitigation and monitoring program. Air quality would read: "as a condition
of this specific plan amendment that each tentative map will be required to conform with the updated air
quality attainment plan for San Diego County~. The mitigation and monitoring plan regarding water be
modified to incorporate: 'the project must meet the requirements of the updated water allocation plan as
proposed by the Otay Water District'.
Tony Larderi, staff consultant for the project, reviewed the documents presented to Council for approval.
He then gave a general background of the project, location, etc. Based on the Planning Commission input
there were a number of changes made and a condition of approval on the project that the alternative be the
approved project. He then reviewed the changes incorporated in the project. Out of the 140 acres of open
space, there will be a little over 10 acres of improved parks, 74 acres of natural open space, and 20 acres
of graded open space. The public facilities financing plan was also reviewed. Rancho Del Rey SPA III will
be required to submit updated summaries, summary forecasts and data. The public fac~ities financing plan
will therefore be updated annually. He requested the following change on Condition #19: 'The applicant
and the City shall enter into a third parry agreement to implement and monitor the environmental mitigation
and monitoring program'.
Ken Baumgarmer, 2727 Hoover Avenue, National City, California, representing McM~lin Communities, spoke
in support of staff recommendations. He stated that the SPA III plan was the culmination of approximately
two years of work. This is the final SPA of the Rancho Del Rey Specific Plan. The plan as presented is
consistent with the adopted General Plan, Specific plan' interim policies for the draft grovah management
plan, and the Eastern Chula Vista Transportation Plan. The project completes the consauction of Paseo
Ladera, East ,I Street, and Paseo Ranchero. It also eliminates two existing sewer pump stations by installing
gravity lines. It provides a public park and a 25 acre site for a junior high school. They are also proposing
a 580 unit senior housing program. The trails are consistent throughout the project. They are proposing
on the landscaped areas throughout the project in the open space areas, native open space drought tolerant
plants. Rancho Del Rey SPA III is in the Mello Roos District and a two and four acre site has been set aside
for religious purposes.
Councilman Rindone questioned the term 'mass transit" in the report.
Minutes
January 1S, 1991
Page 8
Mr. Baumgarmer responded that it was anticipated that H Street and Telegraph Road would be major bus
routes. Bus turnouts have been designed for that area. They also envisioned shuttle vans for the senior
housing areas.
Councilman Rindone noted the "D" rating for the intersection of East H Street and Paseo Del Rey. He
questioned whether there were other mitigating steps that could be taken, i.e. turnout lane.
Clifford Swanson, City Engineer, responded that staff had addressed the issue with the developer's engineer
and the details at that intersection indicated there is a high volume of east bound/south bound left turn
traffic in the afternoon peak hours. There could be an added exclusive right turn lane that would help but
it would be a marginal improvement as compared to the costs involved.
Councilman Rindone felt the right hand turn should be explored in order to mitigate the problem. On the
2.6 acres shortfall from the 12.6 acres, he questioned whether those funds could go into a pool to assist in
purchase of land on the west side of 1-805.
Mr. Leiter, Director of Planning, responded that there was a requirement for the fee that there be a nexus
between the project being constructed and the project where the fees are being generated. Indirectly, it
would generate fees that would allow projects in that area to be constructed and flee up other funds that
could be used for projects he was describing. The nexus requirement could be closely monitored as the City
moves forward with their capital improvement projects.
Councilman Rindone questioned the potential length of buildout.
Mr. Baumgarmer responded that it would be approximately six to eight years.
There being no further public testimony, the public hearing was declared closed.
Councilman Nader expressed his concern regarding air quality and water supply as addressed in the EIR.
He would like to add a condition to be incorporated in the ElK which would state: "that prior to a tentative
map approval a mitigation plan must be presented to reduce any impacts to the area water supply to a level
below significance'. The other addition pertaining to the EIR would be air quality which would state: 'prior
to tentative map approval it be shown that compliance with the San Diego County air quality plan will
reduce the cumulative air quality impacts to a level below significance'.
MSC (Nader/Rindone] the following conditions be added to the F. JR and Mitigation Monitoring Program:
1 ) prior to a tentative map approval, a mitigation plan must be presented to reduce any impacts to the area
water supply to below significance; and 2) that prior to a tenetlye map approval, it be shown that
compliance with the San Diego County air quality plan will reduce the cumulative air quality impacts to a
level below significance. Approved 4-0-1 with Mayor McCandliss absent
Councilman Malcolm felt that before the project should not be allOWed to proceed, i.e. grading, until the
water situation changes. Due to the proposed cutbacks, the conditions set by Councilman Nader are
essential. He would like to see a development agreement brought back with the tentative map vesting rights
to the developers but also prohibiting the start of grading of this project prior to meeting those conditions
regarding water impacts. He stated that when the tentative map comes forward that there should be
guarantees regarding senior use, deed restrictions, whether all conditions were met, any financial assistance
offered to seniors, age limits, income requirements, sale or rent, etc. He expressed concern over the rules
for east of 805 and west of 805 and noted the deficiency in park land. He would look at this very carefully
when the tentative map is brought back to Council for review.
Minutes
January 15, 1991
Page 9
RESOLUTIONS 15990, 15991, 15992, 19553, 15994 AND 15995 OFFERED BY COUNCILMAN MALCOLM,
reading of the text was waived.
MS .(Moore/Nader) to add a condition in which the developer would not object to a dedicated right-hand
turn lane at Paseo Del Rey and East 'IF Street if data provided justifies this improvement.
Mr. Swanson felt it was Mayor Pro Tempore Moore's intention that the developer install the right-hand turn
lane or to pay the costs, the motion should require that the developer pay for the improvement. This project
is not in the DIF at this point.
Councilman Rindone felt this should be a condition for approval of the tentative map.
MOTION WITHDRAWN BY MAYOR PRO TEMPORE MOORE.
Councilman Nader felt it would be useful to have essential recycling separation and pick-up facilities
provided at central locations. It should be included as a condition, at some point, to the satisfaction of staff.
City Attorney Boogaard questioned whether the typical conditions regarding access to the trenches would
be included on all tentative maps that come forward on this project.
Mr. Leiter responded that the condition would be on all tentative maps.
The public hearing was reopened to receive public testimony.
Martin Altbaum, 581 'C' Street, Chula Vista, California, representing Chula Vista Cable, stated that there
would be 580 units of senior housing and that ff action was not taken by Council, those units would be
given to Cox Cable under a secret agreement between McMillin and Cox Cable. Since the units are financed
by public monies, he did not feel this would be right as the seniors would be forever locked into a higher
cable price.
Mayor Pro Tempore Moore questioned Mr. Altbaum's reference to public monies.
Mr. Aultbaum responded that he was under the impression that the senior housing was funded with public
monies or financing.
Councilman Malcolm responded that these units were not built or financed with public monies and that the
proper time to address the issue would be at the tentative map.
There being no further public testimony, the public hearing was declared closed.
:.
VOTE ON RESOLUTIONS: approved 4-0-1 with Mayor McCandliss absent.
RESOLLrrlON 15991 APPROVING AN AMENDMENT TO THE CIRCULATION Ri .RMENT OF THE
GENERAL PLAN
B. PUBLICHEARING PCM-90-6: CONSIDERATIONOFRANCHODELREYSPAIIIPLAN, PUBLIC
FACILITIES FINANCING PLAN AND PLANNING COMMISSION REGULATIONS - RANCHO DEL REY
PARTNERSHIP - The applicant has submitted a Sectional Planning Area (SPA) Plan and related items for
a 404.9 acre property, located between East 'H" Street and Telegraph Canyon Road, immediately south of
Rancho Del Rey SPA I. Staff recommends approval of the resolutions. (Director of Planning) Continued
from the 1/8/91 meeting,
Minutes
January 15, 1991
Page 10
RESOLLrrION 15992 APPROVING AN AMENDMENT TO THE RANCHO DEL REY SPECIFIC PLAN
RESOLLFIION 15993 APPROVING THE RANClIO DEL REY SECTIONAL PLAI~NG AREA (SPA)
III PLAN, PUBLIC FACILI~ FINANCING PLAN AND PLANNING COIV~SSION REGUIATIONS
RESOLLrrlON 15994 ADOPTING THE CEQA FINDINGS AND STATE1V~ OF OVERRIDING
CONSIDERATIONS FOR EIR-89-10, RANClIO DEL REY SPA HI 1~'11
RESOLUTION 15995 ADOFlING THE MITIGATION MONITORING PROGRAM FOR EIR-89-10,
RANCHO DEL KEY SPA HI
21.A, RESOLUTION 16016 CERTIFICATION OF (1) ADDENDUM TO THE EASTLAKE GRRRNS
SECTIONAL PLANNING AREA (SPA) PLAN AND FASTLAKE TRAILS PRESERVE AND ANNEXATION FINAL
SLIPPLF_~AL ENMROI~AL IMPACT REPORT EIR-86-4 ANI) (2) ADDENDUM - EASTLAKE GOLF
DRIVING RANGE LIGHTING REPORT - Two addendums to Supplemental EIR-86-4 on EastLake Greens
Sectional Planning Area (SPA) Plan and EastLake Trails Prezone and Annexation Final Supplemental
Environmental Impact Report EIR-86-4 and Addendum EastLake Greens Golf Driving Range and Lighting
Report were prepared to eva]uate additional information on noise, light and glare, hazardous materials and
hydrology. Staff recommends that Council certify that the Addendum to the EastLake Greens Sectional
Planning Area (SPA) Plan and Eastlake Trails Prezone and Annexation Final Supplemental Environmental
Impact Report EIR-86-4 and Addendum - EastLake Greens Golf Driving Range Lighting Report have been
prepared in compliance with CEQA, the State Guidelines and the environmental review procedures of the
City of Chula Vista and that Council has reviewed and considered the information in the report. (Director
of Planning) I ~'~/3
/qql~t
MSC (Malcolm/Rindone) to continue the public hearing to the meeting of February 5, 1991. Approved 4-0-1
with Mayor McCandl/ss absenL
B. REPORT PUBLIC VS. PRIVATE USE OF EASTLAKE GRRI~NS GOLF COURSE - On
9/19/90, the EastLake Development Company submitted a Conditional Use Permit (CUP) application to the
Planning Depa~ hnent for a 18-hole Golf Course and Clubhouse in the EastLake II development. The proposal
includes opening the golf course for general public play for a minimum of 18 months, entering into an
agreement for EastLake High School's golf team, and the U.S. Olympic Golf Program and finally, permitting
public use of pedestrian trail adjacent to the golf course. Staff recommends Council approve the report and
include the following conditions on the CUP for public use on the EastLake Golf course: (1) allow public
use of golf course for the first five years of operation, (2) Provide Chula Vista residents golfing privileges at
non-prime tee times after the golf course is converted to a private club for the next five years. Green fees
to be comparable to the average green fees of quality semi-private golf courses in San Diego County. The
four comparable course would be Singing Hills, Rancho San Diego,?ala Mesa and Carlton Oaks. (Director
of Parks and Recreation and D/rector of Planning) /~,/.~'
C. PUBLIC I-IFARING PCC-91-14 CONDITIONAL USE PERMIT FOR F. AS'TLAKE G~RRNS GOLF
COURSE AND RELATED FACILITIES - EASTLAKE DEVELOPMENT COMPANY - This item involves a
conditional use permit for a proposed 18-hole golf course, a driving range with night lighting, a 13,000
square foot clubhouse with restaurant, bar, pro shop, restrooms and kitchen, and a one-acre fenced
maintenance compound with a 5,000 square foot building, at EastLake Greens. Staff recommends approval
of the resolution. (Director of Planning and Director of Parks and Recreation)
RESOLUTION 16017 APPROVING PCC-91-14 FOR EASTLAKE GRRI:-NS GOLF COURSE AND
I~mATED FACI~
Minutes
January 15, 1991
Page 11
D. RESOLUTION 16018 APPROVING THE EASTLAKE GOLF COURSE DRAFT MITIGATION
MONITORING PROGRAM IN ACCORDANCE WITH AB 3180, MAY 1990 - The Mitigation Monitoring
Program assures that the specific mitigation measures proposed in the two addendums to EIR-86-4 will be
monitored, including noise, light and glare, hazardous materials and hydrology. Staff recommends approval
of the resolution. ] t./~/g
22.A. PUBLIC HEARING PROPOSED SALE OF PROPERTY, PARCEL NUMBER 568-270-11 TO THE
CHULA VISTA CENTER PARTNERSHIP - California redevelopment law requires that the City Council,
approve any sale of proper~ by the Redevelopment Agency. The public hearing is being held to take public
testimony on the proposed sale of parcel number 568-270-11, purchased by the RDA on 11/1/90 for
$277,069. Staff recommends approra] of the resolution. (Director of Community Development) (Continued
from the 12/20/90 meeting) Iq. clllr
Chris Salomone, Director of Community Development, stated that State law required a public hearing by the
Council approving the sale/disposition of property by the Agency of the City. By an owner participation
agreement with the Parmership of the Chula Vista Center in June of 1989, it was agreed that the Agency
would acquire a portion of the Santo Fe right-of-way that runs under the Chula Vista Center and transfer
that property to the Parmership. The Agency acquisition was approved in November 1990 and the public
hearing is to ask the Council to approve the Agency's sale of that property.
This being the time and place as advertised, the public hearing was declared open.
Robert Caplan, 3003 Fourth Avenue, San Diego, California, representing Chula Vista Center Partnership,
spoke in support of the staff recommendations and stated they were prepared to pay the $7,000 for soils
review.
Councilman Malcolm felt it was his understanding that all City expenses would be reimbursed, including
staff time. Under that premise, he felt the estimated costs would be closer to $50,000.
MS (Malcolm/Nader) to place $277,069 into the Redevdopment Agency fund and $25,000 be placed into
the General Fund to reimburse City expenses, time, etc.
Mr. Caplan objected to Councilman Malcolm's motion. When they negotiated, they did say that any out of
pocket expenses would be reimbursed and that was why the $7,000 was not an issue. He felt Councilman
Malcolm had raised another issue, a return on the City's money. It would be fair to pay a 10% interest rate
with a credit for the rent paid for the period of time the money was out. He did not agree with the overhead
as it was not in the spirit or the words of the agreement. He felt they had lived by the agreement as he
understood it and felt Councilman Malcolm's motion was beyond what had been discussed. He would
propose that they compute the interest at 10% from the time the money went in, to the time of closing and
give a credit to the rent given, add the $7,000, with the Partnership paying that total.
Mayor Pro Tempore Moore questioned what the cost was for appraisal, staff time, etc. He did not feel that
the City should take a loss and questioned how the agreement was written as to resale.
Fred Kassman, Redevelopment Coordinator, responded that a specific agreement in writing would not be
allowed by law until the public hearing was held. Staff had negotiated with Mr. Caplan and Mr. Kolkey and
had an understanding which included that the property would be redeveloped in twenty years.
Councilman Malcolm stated he had perceived the agreement as repayment of all costs to the City and had
been against the twenty years. It was his opinion that the Partnership would pay whatever the City asked.
Minutes
January 1S, 1991
Page 12
.SUBSTITUTE MOTION: (Moore} direct staff to compile full costs of staff efforts in pursuing the purchase
of the property and the City money involved which includes lost interest, even ff it exceeds $18,000. Motion
died for lack of second.
VOTE ON MOTION: approved ~ 1 with Mayor McCandiiss absent
The City Council meeting adjourned to the Redevelopment Agency meeting at 8:02 p.m. and reconvened the
City Council meeting at 8:05 p.m.
B. RESOLUTION 16019 APPROVING THE SALE OF pARCF..L NUMBER 568270-11 TO THE ~
VISTA CENTER PARTNERSHIP AND FINDING THAT THE SALE IS AT FAIR MARKET VALUE
OTHER BUSINESS
23. ORAL COMMUNICATIONS
23a. Ollie Braden, 644 Beech Avenue, Chula Vista, California, felt the editorials regarding Gayle
McCandliss were inappropriate and that an apology should be made.
23b. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, recommended that persons purchasing
potted trees for Christmas could donate those trees to the City, with a tag recognizing the donor. Several
cities had also requested that citizens purchase a tree from a nursery and then donate the tree to the city.
24. lIEMS pULT~D FROM THE CONSENT CAT.~NDAR (Items pulled: 9, 10A & B, 17A & B, and 19)
The minutes will reflect the published agenda order.
25. CITY MANAGERS REPORT[S)
a. Letter to SANDAG - Has informed SANAG there will be a letter regarding the bi-national airport on
their agenda next Friday. A draft copy has been transmitted to Council for review and comments. /~/q/~
'Councilman Rindone stated he would submit his recommendations to the City Manager for his consideration
before the final draft is approved by Council.
City Manager Goss felt Councilmen Rindone's recommendations were within Councils' expectations and
requested approval in concept in order to finalize the letter.
._.
MS (Malcolm/Moore) to approve the letter in concept over the Mayor's signature.
Councilman Nader did not feel the letter reflected entirely what he wanted to see. One problem that had
just come to his attention was that Mayor Cox had made a motion, at a SANDAG meeting, to further explore
an alternative m Lindberg. He thought this should be clarified as it was not authorization to spend money
or a policy position that a bi-national airport is desirable.
City Manager Goss responded that the motion made is reflected on page 2 of the draft letter. The focus of
the motion was to consider all options with emphasis on the utilization of expanding Rodriguez Field, i.e.
east/west runway type of airport. The minutes the City of Chula Vista is objecting to are listed on page 1
of the draft letter.
Minutes
January 15, 1991
Page 13
Councilman Nader felt further action needed to be taken m clarify the City's position.
City Manager Goss responded that the strategy on the last page is that SANDAG drop the report entirely,
The second point is that if they do not, that they clarify the perception that it was the consensus of cities
in San Diego County that a bi-national airport is desired.
Councilman Nader felt that damage had already been done and that the draft letter should be revised to
reflect this.
City Manager Goss responded that the last paragraph could be revised to reflect his concems. Mayor Pro
Tempore Moore stated there would be a meeting, next Tuesday, with the Director to answer some of the
questions raised by the City.
VOTE ON MOTION: approved 4~O-1 with Mayor McCandliss absent
b. Freedom's Wing won the second race of the Little America's Cup. It is being held in Australia and
Freedom's Wing is the challenger.
c. Lori Leiberman, Principal Management Assistant, has accepted the position of Assistant to the City
Manager for the City of Oceanside. She has been an excellent staff person and will be missed.
26. MAYORS REPORT(S)
a. Council appointment of SANDAG member and alternate: Voting Delegate - Councilman Moore, 1st
Alternate - Mayor McCandliss, 2nd Altemate- Councilman Nader
b. Council appointment of MTDB alternate: Delegate - Mayor McCandliss, Alternate - Councilman
Rindone /~t9.~ /
c. Appointment of two Councilmembers to Chula Vista Inter-Agency Water Task Force: Delegate -
Mayor McCandliss, Alternate - Councilman Moore It/q.,~.~.
d. Appointment to Otay Valley Regional Park Policy Committee: Delegate - Mayor McCandliss, Alternate
- Councilman Nader
e. South County Economic Development Council Representative: Delegate - Mayor McCandliss,
Altemate- Councilman Nader
MS(] (Moore/Malcolm) to approve recommendations a through e. Approved 4-O-1 with Mayor McCandliss
absent.
Councilman Malcolm requested that it be implicit in the motion that the Vice Mayor automatically fills in
for the Mayor on any other position that had not been otherwise covered.
Action regarding filling vacancies on City Gommissions/Boards/Committees (Tuesday, January 29,
1991, 4:00 p.m.) - Notified Council of the set date and time for interviews.
g. Annual City Manager Evaluation by City Council - Saturday, January 26, 1991, 9:00 a.m.,
Dockmaster's Suite, Chula Vista Marina
Minutes
January 15, 1991
Page 14
Councilman Rindone requested that the meeting be scheduled for the 2nd or 9th of January as he had a
potential meeting conflict.
Councilman Nader requested that the Council secretary contact Members in order to set a date. The time
will be set at 8:00 a.m.
h. Ratification of appointment to Housing and Advisory Committee
MSC (Rindone/Moore) to ratify the appoinUnent of Victor A. Nolan, Margant Halton, and Allen King to the
Hoil~in~ alld Advisory Cornmli~[ee. Approved 4-0-1 with Mayor McCandliss absent
i. Referred to the letter from the City of San Diego regarding booking fees and felt this was the best
information regarding this issue the Council had received.
27. COUNCIL COMMENTS
a. Councilman Malcolm:
1. Placement of Mayor's Portraits - not discussed.
2. Referred to the construction projects in Terra Nova, and fully disclosed that was where he
lived, that the streets were totally unacceptable. Sidewalks have been tom out for months and he did not
feel there was any reason that a developer should be allowed to leave a project wm up for such a lengthy
period of time. He felt staff should find out what is going on and that street sweepers should be required,
in all developments, to periodically go in an clean up the area.
3. Hoped and prayed for peace and the speedy recovery of Mayor McCandliss.
b. Councilman Nader:
1. Addressed the public awareness program and notification he had requested to help the
public understand the economics of recycling and justification for the recycling fee for the city wide program
that will start next month. He appreciated the efforts by staff but felt that an adequate effort had not been
made. He suggested that staff explore the possibility of utilizing public service announcements on radio and
TV which are often available for flee to specifically address those issues. Flyers could also be placed in
supermarkets.
City Manager Goss stated that the recycling coordinator will be hired within the next several weeks.
Councilman Nader questioned whether voluntary recycling could be done by multi-family units or
commercial units.
Stephanie Popek, Principal Management Assistant, responded that it was staffs position that Council's
interest was to have staff develop an RFQ for a commercial program.
City Attorney Boogaard stated that staff would have to research the question and report back to Council next
week.
Minutes
January 15, 1991
Page 15
Councilman Nader stated that if under the current program, voluntary recycling would be allowed a report
would be satisfactory. If it was prohibited, he requested that clarifying action be placed on the next agenda
for action.
c. Councilman Rindone:
1. MTDB Update - Attended the MTDB Board Meeting and stated that their staff was
recommending an average rate increase of 17%. It is coming before them in a timely manner and staff had
been directed to explore other alternatives rather than a rate increase. A public hearing is planned for next
month and he would keep the Council updated. He felt it was to early to take any action until the report
on the altematives is received by the Board.
28. BOARD AND COMMISSION RECOMMENDATIONS
a. RESOLUTION 16020 APPROPRIATING $2,705 TO THE INTERNATIONAL FRIENDSHIP
COMMISSION TO SUPPLEMENT THE TRIP OF OUR RELAY RACE TEAM TO OUR SIS IP.R CITY ODAWARA,
JAPAN - The Citys sister city Odawara, Japan has invited Chula Vista ro send a youth relay team to Odawara
in February, 1991. Odawara has offered ro pay for the transportation, lodging and meals for a team of seven
young men and one trainer. The Friendship Commission would like to provide the team with uniforms and
also provide, on a reimbursement basis, funds to send local businessman Frank Fujikawi who will act as
translator and guide for the group. The Commission recommends approval of the resolution. (International
Friendship Commission) I~.t q,l~'
RESOLUTION 16020 OFFERED BY COUNCILMAN NADER, reading of the text was waived, passed and
approved 4-O-1 with Mayor McCandliss absent.
City Manager Goss stated that monies were usually budgeted for travel but that during the budget process
these costs were unknown.
ADJOURNMENT
The meeting adjourned to a Redevelopment Agency meeting at 8:02 p.m. and reconvened the Council
meeting 8:05 p.m.
The City Council met in a closed session at 9:10 p.m. to discuss:
Potential litigation pursuant to Government Code Section 54956.9 - Jones Intercable versus City of
Chula Vista - -
ADJOURNMENT AT 9:17 P.M. to the Regular City Council Meeting on January 22, 1991 at 6:00 p.m. in
the City Council Chambers.
Respectfully submitted,
BEVEKLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist,%eputy~Clerk