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HomeMy WebLinkAboutcc min 1991/02/05 MINUTES OF A REG~ MEETING OF THE U'tY OF CHULA VISTA Tuesday, February 5, 1991 Council Chambers 4:10 p.m. Public Services Building ~ TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Nader, Rindone and Mayor Pro Tempore Moore ABSENT: Councilman Malcolm (attending Coastal Commission Meeting) ALSO PRESENT: Jim Thomson, Deputy City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF At J-RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: November 20 and 27, 1990; January 22, 24, and 29, 1991 MS (Moore/Nader) to approve the minutes of November 20, 27, 1990 and January 22, 24, and 29, 1991. City Attorney Boogaard stated that Councilman Rindone had the authority to approve the minutes as long as he felt they accurately reflected the action taken at that meeting. VOTE ON MOTION: Approved 3-0-1 with Councilmnrl Malcohn absent. 4. SPECIAL ORDERS OF THE DAY: a. ~roda~mingtheweekofFebruan~3rd~99~as~CurbsideRecydingWeek~.Tokick~theexpansi~n of the Citywide residential program for single family homes. Proclamation presented by Councilman Nader and accepted by Athena Bradley, the City's new Conservation Coordinator. b. Oath of Office: Plannin~ Commission - Tom Martin; Parks and Recreation Commission - Diane Carpenter and Margaret Helton; MontKomerV Plannin~ Committee -Clay Platt Councilman Rindone stated that Diane Carpenter was not in attendance as she was chaperoning the Castle Park High School Chee~eaders participating in national competition in Florida, her husband David was representing her. t Oath of office administered by City Clerk Authelet. c. proclnlmlng the week of February 3 through 9, 1991 as 'Honor Rotary Week'. Proclamation presented by Councilman Nader. d. Proclamation in recognition of '~ is Giving Project', Boys and Girls Club of Chula Vista - proclamation presented by Councilman Nader and accepted by Scott Mosher, Executive Director. Minutes February S, 1991 Page 2 CONSENT C_~T.RNDAR (Items pulled: 17 and 18) MS(; (Moore/Nader) to defer Item #8 to the meeting of 2/12/91 due to lack of 4/5's vote. Approved 3-0-1 with Councilman Malcolm absenL BALANCE OF CONSENT CAI-RNDAR OFFERED BY COUN~ NADER, reading of the ten was waived, passed and approved 3-~1 with Cotmrflman Malcolm absent. 5. WRI I-ll~l COMMUNICATIONS: a. Request for survey of Sandpiper Way to Mimlnate traffic and safety hazards - Donald Shaw, 460 Sandpiper Way, Chula Vista, CA. Staff recommends that this request be referred to the Safety Commission and staff for review and report back to Council. b. Request to have stores contacted regarding shopping carts to be picked up - Sigmund Naber, 501 Anita Street, Space 170, Chula Vista, CA. Staff recommends that this request be referred to the Chamber of Commerce for response. 6. ORDINANCE 2439 AMENDING, REPFAI,ING, AND RE-ENACTING CHAPTER 2.26 AND AMENDING PORTIONS OF CHAPTERS 15.08, 15.16, 15.20, 15.28 AND 15.36 OF THE CHULA VISTA MUNICIPAL CODE InflATING TO THE BOARD OF APPEALS AND ADVISORS (first readinl~) - The proposed ordinance is recommending several editorial changes m the existing text, bringing about conformance between the ordinance and the latest adopted editions of the Uniform Codes. Staff recommends that the City Council approve the ordinance amendments and place ordinance on first reading. (Director of Building and Housing) 7. ORDINANCE 2440 APPROVlNG THE RANCHO DEL REY SECrIONAL PLANNING AREA HI PLANNED COMMUNITY DEVELOPMENT REGULATIONS (first readinj{) - At the meeting of 1/15/91, Council approved with conditions the R.ancho Del Rey Sectional Planning Area (SPA) III Plan, Public Facilities Financing Plan and Planned Community Development Regulations. The Planned Community Development Regulations should have been adopted by ordinance rather than by resolution as presented to Council. Staff recommends Council place ordinance on first reading. (Director of Planning) l'~'?~l Councilman Nader stated Exhibit A, Community Development Regulations, was missing from the agenda packet. Deputy City Manager Thomson replied that he had talked with the Planning staff regarding this omission and there would not be a problem in continuing this item for one week. MS(; (Nader/Moore) to continue to the meeting of 2/12/91. Approved 3-0-1 with Councilman Malcolm absent. 8. RESOLUTION 16042 APPROVING PURCHASE OF SAFETY EQUIPMENT FOR THE CONSTRUCTION INSPECTION STAFF AND APPROPRIATING FUNDS FROM THE SEWER INCOME FUND - The Depai anent of Public Works construction inspectors enter corff'med spaces to inspect sewer and other public facilities on a regular basis. Federal, State and City regulations mandate that they be provided with Minutes February 5, 1991 Page 3 adequate safety equipment. In the past, the inspectors have borrowed on an as-needed basis the mandated safety equipment from public works operations staff. This practice has resulted in scheduling conflicts costing time and money to both the City and private developers. To alleviate this situation, it is requested that construction inspection staff be furnished with their own equipment. The cost to purchase the mandated equipment is estimated to be $10,000. Staff recommends approval of the resolution and appropriate $10,000 from the Sewer Income Fund. CDirector of Public Works) 4/5's vote required Continued to the meeting of 2/12/91 for lack of 4/5's vote. 9. RESOLUTION 16043 /L°PROVING JOINT POWERS AGI~RRMFJqT BETWEEN OTAY WATER DI:~I-RICT AND THE ~l'IY OF CHULA VISTA FOR INSTAt .t ATION OF WATER PIPELINES AND FACILITIES IN TRt-RGRAPH CANYON ROAD - Included in the City's Capital Improvement Program is a project for the improvement of Telegraph Canyon Road and Otay Lakes Road between Apache Drive and Rutgers Avenue. Plans and specifications for this project are basically completed and are under final review by CalTrans. All right-of-ways have been acquired for the project. Agreements with the various utilities have yet to be approved by the City Council. The agreement with Otay Water District has been finalized and approved by the District. This agreement calls for the construction and installation of various pipelines and facilities to best serve both agencies. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 16044 AMENDING THE CONFLICT OF INTEREST CODE TO INCLUDE MEMBERS OF THE BOARD OF LIBRARY TRUST~Fs AS DESIGNATED EMPLOYEES - At its 1/8/91 meeting, Council mended the Conflict of Interest Code to add members of the Charter Review Committee, Senior Planners, and deleting the members of the Board of Library Trustees. Council directed that the matter return for further consideration of the inclusion of members of the Board of Library Trustees as designated employees when there was a full Council. Staff recommends that Council not approve the resolution. (City Attorney) MSC (Rindone/Nader) to continue Resolution 16044 to the meeting of 2/12/91 when a full Council is presenL Approved 3-0-1 with Counn'lman Malcolm absent. /~8~ 11.A. RESOLUTION 16045 APPROVING LEASE AGRRRMENT BETWEEN THE U'IY OF CHUIA VISTA AND I]-tE STATE OF CALIFORNIA FOR LEASING OF LEGISLATIVE OFFICE SPACE TO SENATOR WADIE DEDDEH - The City has traditionally leased office space to our legislative representatives. Proposed is another four-year lease agreement for office space for Senator Wadie Deddeh, another two-year lease agreement for office space for Assemblyman Steve Peace, and an initial two-year lease agreement with Congressman Randy Cunningham. Staff recommends approval of the resolutions. (Director of Finance) t- ' B. RESOLLrlION 16046 APPROVIlqG LEASE AGB~RMENT BETVVEF2q THE CriY OF CI-IULA VISTA ~ THE STATE OF CALIFOlhNL~ FOR ~G OF OFFICE SPACE TO ASSEMBLYIMAI~ ::,-i'E. VE PEACE 1'~ C. RESOLUTION 16047 APPROVING ~ AGBR~FF BETWEEN THE ~l'lY OF CHULA VISTA AND THE STATE OF CALIFORNIA FOR LEASING OF OFFICE SPACE TO CONGRESSMAN RANDY CUNNINGHAM 12.A. RESOLIfrlON 16048 ALrI'HORIZING THE PAYMENT OF $1,305,O00 INTO ESCROW FOR THE ~,,. PURCHASE OF PROPF.3.TY AT 341 ORANGE AVENUE, OWNED BY THE MISSIONARY CHURCH ASSOCIATION (Library Director) / Minutes February 5, 1991 Page 4 B. RESOLUTION 16049 AUTHORIZING THE PAYMENT OF $290,000 INTO ESCROW FOR THE PURCHASE OF PROPERTY AT 379 ORANGE AVENUE, OWNED BY LF, SLIE AND MARIEhIE CARTEl1, (Library Director) 1~,~ 13. RESOLUTION 16050 CER:rlIqrlNG THE PROJECT BUIX;ET IN THE APPLICATION FOR FUNDS AVAILABLE FROM THE CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT FOR THE CONSTRUCTION OF A NEW LIBRARY AT ORANGE AND FOURTH AVENUES; COMMIITING THE CITIES MATCHING FUNDS; CERTIFYING THE ta-lY'S ABH,ITY TO FINANCE THE SUPPLEMENTAL FUNDS NEC~-e-SARY TO COMPL~'IE THE PROJECT IN A TIMELY MANNER; CER.'I II'flNG THE LOCAL MATCHING AND SUPPLEMENTAL FUNDS WILL BE AVAILABLE WHEN NRRnED TO MEET THE PROJECTS CASH FLOW REQUIREMENTS; CERTIFYING THE ACCURACY AND TRUT/-WUI,NF, SS OF ALL INFORMATI ON CONTAINED IN THE APPLICATION FORM; COMMrI-IING TO OPERATE THE COMPLETED FACIHTY AND PROVIDE DIRECT PL1BLIC LIBRARY SERVICES - (Director of Community Developmen0 14. RESOLUTION 16051 ADOPTING THE NEGATIVE DECLARATION (IS-89-79) REGARDING THE PROPOSED LIBRARY ON THE SOUTHEAST CORNER OF FOURTH (HFAhMOSA) AND ORANGE AVENUES - The Negative Declaration was issued by the City's Environmental Review Coordinator on 12/13/89 for a proposed park master plan for the southeast comer of Fourth and Orange Avenues. This project description involved the construction of a park to contain a 35,000 square foot library as well as other features such as a community center and a competition-sized swimming pool. The Montgomery Planning Committee accepted the Negative Declaration on 1/2/91. The Library Board of Trustees and the Parks and Recreation Commission accepted the Negative Declaration by separate action on 1/9/91 in a joint meeting. Staff recommends approval of the resolution. (Director of Planning) /~,~'/ 1S. RESOLUTION 15983 APPROVING AN AGi~R~-MENT WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF THE CHULA VISTA TENNIS CENTER - The Chula Vista Tennis Center has been operated by tennis professional, Frank Chaboudy, since November 1985 under an agreement with the City. A new agreement has been prepared to continue his professional tennis services. Staff recommends approval of the resolution and authorizing the Mayor to execute said agreement. (Director of Parks and Recreation) /~fF,~ 16. RESOLUTION 16052 ACCEPTING BIDS AND AWARDING CONTRACT FOR ONE 1,500GALLONS PER MINUTE TRIPLE COMBINATION FIRE APPARATUS TRUCK - Bids were received and opened for the purchase of one 1,500 gallons per minute triple combination fire apparatus truck. Staff is recommends approval ofthe resolution. (Director of Finance) ~.7. REPORT REGARDING NEGATIVE DECLARATION AND ENVIRONMENTAL IMPACT REPORT ON ROHK PARK PROJECT - (Director of Parks and Recreation) Pulled from Consent Calendar. Iqfff~ Deputy City Manager Thomson stated that copies of the report were made available to the public and additional copies were available tonight. Jess Valenzuela, Director of Parks and Recreation, stated that staff had reviewed the Negative Declaration and Environmental Impact Report on Rohr Park. Council had questioned whether these documents were consistent with the existing construction plans. It had been determined by the City Attorney that the original study did not take into consideration the removal of the eucalyptus trees along Sweetwater Road Minutes February 5, 1991 Page 5 and in the valley east of the hill. The removal of the trees was thus changed in the original environmental review master plan. The storm drain and the raising of the eastern part of the ball fields was also not taken into consideration. Counc~ now has currently two options: 1) proceed on with the existing plan as it stands now, with an initial study being done on the project this would take approximately 45 days, or 2) direct staff to develop and implement an alternative plan. There has been a change in staff recommendation #2, it should read: "direct staff to develop and implement the alternative plan described in the City Council Agenda Report, page 17-2, item #2, except that with regard to the storm drain aspect of the project to delete this aspect from the construction contract unless staff shall determine that it is necessary and has conducted the necessary and shall have conducted the necessary environmental review of the same and authorize the City Manager to issue and/or approve the appropriate change orders to the construction contract to implement this alternative plan". Niles Nordquist, Principal of Nordquist Associates, consultant responsible for the design and development of the current plan at Rohr Park, explained what was being proposed under the existing contract documents and the proposed changes. His opinion on drainage of the ballfield without fill was that the ballfields to the east will not drain adequately. Mr. Valenzuela stated that staff would like to begin with the grading of Ft, Apache Hill, using that soil in the parking lot which would allow the contractor to begin. In the meantime, staff would work with the pining staff on an initial study on the grading of the eastern area to determine what type of drain and fill would be necessary. Staff would come back to Council within forty-five days with recommendations. Mr. Nordquist stated the fields would be turf and would need irrigation. The three issues regarding the ballfields would be rain, Sweetwater River at the base, and the existing 24 inch pipe. All these issues need to be studied further. The ballfield yo the west are not a concern as they are properly graded. David Smith, 334 Camino Elevado, Chula Vista, California, representing the Rohr Park Adhoc Group, stated they would not contest the plan as the main point they had tried to accomplish had been accomplished. They appreciaterd the hard work put forth by the Council and staff. Their group will stay intact and operate as a support group for the City. Thomas M. Henry, 4577 Villas Drive, Bonita, California, representing the Rohr Park Adhoc Group, stated he had not seen this particular plan until the meeting but was pleased to see similarities between the proposed plan and the plan submitted by the Group. He then reviewed the differences between the proposals and their concerns. He felt the Group plan would involve a minimum mount of fill and grading which would result in a savings to the City. City Attorney Boogaard stated it was the first time he had heard the testimony from Mr. Nordquist, that the water would nor drain off the eastern ballfields. It:Was his judgemerit that by allowing a slight one or two percent slope on those ballfields it would qualify as an exemption under minor grading class for exemption under CEQA. If the Council wished to allow such minor grading on the ballfields to accommodate at least the removal of irrigation water, it could be done with a changed recommendation and the testimony from the Environmental Consultant that it would qualify as an exemption. Mayor Pro Tempore Moore responded that he was not an expert and could not make the decision as to whether the ballfields needed to be graded. Doug Reid, Environmental Coordinator, responded that the additional grading described to allow drainage on the eastern parcel did not constitute a substantial difference in the project or the land form in the area. Minutes February 5, 1991 Page 6 As long as it did not involve removal of additional trees, he did not feel there was any substantial change in the project. It would be exempt from any further environmental review. City Attorney Boogaard stated Council could give direction tonight which would allow the construction of a ballfield that would allow the drainage of irrigation water. M (Moore) m authorize staff with the flexability to do m~nor grading in the eastern ballfield area for improved drainage. Motion died for lack of second. City Attorney Boogaard stated the motion as ou~ined earlier by Mr. Valenzuela should be utilized. He would add a second proviso which would state: 'to consumct the easterly ballfields at their current grade except as is necessary to facilitate irrigation drainage". A notice of exemption would be then ~ed tomorrow for CEQA compliance purposes. MS (Moore/Rindone) to direct staff to develop and implement the altematlve plan described in the City Council Agenda Report, page 17-2, Item #2, except that with regard to the storm drain aspect of the project to delete this aspect from the consn'uction contract unless staff shall determine that it is necessary and has conducted the necessary environmental review of the same, to construct the easterly ballfields at their current grade except as is necessary to facilitate irrigation drainage, and authorize the City Manager to issue end/or approve the appropriate change orders to the construction contract to implement this eltemative plan'. Councilman Nader questioned whether the motion would result in a change order. City Attorney Boogaard responded that the motion gave the authority to authorize and/er approve appropriate change orders to the City Manager. Councilman Nader stated he would prefer that the change order, to implement the motion, be required to come back to Council for approval. He felt this was necessary due to the unknown potential costs and the difference of opinions regarding the project. Deputy City Manager Thomson stated that staffs intent was only to authorize up to the amount as curren~y contracted for. Mr. Valenzuela stated that it would be best if staff were allowed to move forward with the parking lot and be given time to study the grading in the eastern area. ~MENT TO MOTION: (Moow. fNader) to require that the change order necessary to implement the staff recommendation be brought back to Coundl for approval. Councilman Rindone questioned whether there would be sufficient fill from the revised grading plan to accomplish the plan. Mr. Nordquist responded that staff would have to return with estimates, but at this time, he felt that there would have to be impor~ fill unless the grading on Ft. Apache Hill was expanded which he did not believe anyone was interested in. Councilman Pindone questioned what Mr. Nordquisfs reaction was to the aerial photo handed out by the Adhoc Group regarding the flooding of the area. Minutes February 5, 1991 Page 7 Mr. Nordquist responded that the five-year flood would come more often than a one-hundred year flood and was therefore an area of concern. VOTE ON MOTION/kg AMENDED: approved 3-O-1 wiffx GOUlleamlll Malcolm absenL Wesley A. Humphrey, 2250 Lookout Mt. Road, Bonita, California, stated he had inspected the eucalyptus trees at the invitation of the Adhoc Group in the areas being graded and felt the least disturbance of soil necessary would aid in the survival of the large eucalyptus trees, He had also talked to Bfil Nelson regarding the differences in their reports regarding the health of the trees. It would appear that they both inspected different areas and they felt that those differences had been resolved. Mayor Pro Tempore Moore questioned the percentage of diseased and/or dead trees. Mr. Humphrey responded that the large trees on top of Ft. Apache H~i appear to be sound in general. On the slope east of that, he would estimate that at the minimum, at least fifty percent of the small trees should be removed because of a crowding situation and aesthetics. He did not find evidence of beeties in the areas he inspected. Counc~man Nader thanked the citizens group for their input and involvement. He requested a report on the costs incurred due to idle equipment caused by the delay of the contract. The City Attorney should investigate potential ways for the City to recover that loss. RESOLUTION 16053 O1'1'~ BY MAYOR PRO gRg MOORE, reading of the text was waived. Councfiman Rindone expressed his concern over the long term aspect and planning of the entire park. He requested that staff look at the termination of the entire contract and what the costs would be. This would allow the Council to fully assess the costs involved in the project. City Attorney Boogaard responded that he and the Parks Direcwr had met with the contractor who quoted $300,000 as the claim he would f~e if the contract was terminated. He was not able to provide evidence of such a loss but did describe the method utilized w determine damages which conformed to the method used bythe court in determining damages. Due to the amount it was then determined that the cancellation of the contract was not a viable option. Mayor Pro Tempore Moore stated that he was ready to move forward with what appeared to be a win/win situation. He requested that staff submit a memorandum to Council on what this will eventually cost the City and what was learned from this from the staffs point of view. Councilman Nader questioned whether the westei:n ballfield would be raised on the plan the Council is about to approve. Mr. Valenzuela responded that the bailfield would be slightly raised which was in conformance with the original plan. The plan was briefly reviewed by the Director of Public Works but the city engineers had not had the opportunity to review the alternate proposal. The city engineers did review the original plan. Counc~man Nader thought that staff underswod that the Counc~, through the Manager's Office, wanted plans checked to see if there were possible cost savings on projects. John Willett, 97 Montebello Street, Chula Vista, California, representing Bonita Optimist Club, stated he had originally drawn the ballfields, etc. It is not true that there had not been flooding of the Optimist Field. Minutes February 5, 1991 Page 8 He had been responsible for the maintenance of the field and during times of heavy rain, water from Sweesvater Road came through a drainage channel into file center section of the property. Four years ago, 45 semi-trailers of dir~ was donated by McMillin to raise the field. The center section was raised approximately four inches to puddle file water from Sweetwater Road into file north section so that the rest of file field could be utilized. It did solve some of file water problems, but by raising the center, it funneled file water to the golf come. Because of that problem a burro was raised to keep the water off the golf course. Approximately sixty feet from Apache Hill there is an underground stream and after every hard rain water would gush out of filere. Optimist Field is subject to flooding during heavy rains and additional dirt is needed. John Kzacha, 358 East Millan, Chula Vista, California, stated he had been asked by Councilman Malcolm to make an unbiased review of the trees which had been made public. The original plan should be carried out with file removal of 160 trees with replacement of new and healthy trees. He pays taxes and business fees in the City and felt that to stop the process of this plan to accommodate a group of citizens who pay no property or business taxes to the City and do not want to be .ar:mexed to the City was representation without taxation. Councilman Nader stated he had been informed by the City Attorney that if Council went ahead with the project, because the environment review of the project which included the removal of the trees was not properly done, that the City could face up to $200,000 in attorney's fees in a lawsuit. Mr. Kracha felt file citizens of Chula Vista were paying a 'bundle' do to someone eises desires. Councilman Nader asked ff it was staffs intent to review, for purposes of determining whether the costs are necessary, efficient or useful, for file portion of file plan raising the western ballfield by five inches or if it will automatically proceed ff the motion is passed. City Attorney Boogaard responded that the Resolution found that substantial changes had not occurred from the original master plan. The prior motion adopted the recommendations on page 17-2. This allows for file raising of the western ballfled pursuant to the existing construction contract. M (Nader) staff be directed, in consultation wifil the contractor and those riley deem appropriate, to review the utility and cost efficiency of raising the western ballfield, and if it is determined that any change in current plan is appropriate, come back to Council with that information. Motion failed for lack of second. Councilman Rindone stated that Council had two undesirable choices. One is to ascertain whether Council wants to proceed with the current contract, or second, do file best that is possible with this option and keep the contract going allowing staff the time to devise the full revised master plan with all aspects. The return to file original master plan adopted by file Parks and Recreation Commission is no longer a viable legal option. Councilman Nader stated file intent of his motion was not to hold up the other work being done by the contractor. The only possible change that could result from the motion would be one that is categorically exempt from CIqQA which would be to leave the land form the way it is. MS (Nader/Rindone) staff be directed, in consultation with file contractor and those riley deem appropriate, to review file utility and cost efficiency of raising the western ballfield, and if it is determined that any change in current plan is appropriate, staff would return to Council with that information. Mr. Valenzuela stated it was his understanding of file motion that file contractor proceed with the work, i.e. parking lot, and while that is going on, staff review the need for file work on the western ballfield. Minutes February 5, 1991 Page 9 Councilman Rindone stated it would be expected, in a timely manner, that before the contractor ran out of things to do, that a full master plan be submitted to Council that includes all aspects as originally designed in the master plan for Rohr Park. Mayor Pro Tempore Moore summarized the tasks for staff to be: 1) review the western ballfield regarding fill, 2) review eastern ballfield regarding fill and proper drainage, and 3) formulating grading plans for the con~actor in order to start the parking lot. Mr. Valenzuela stated staff would not be revising the existing master plan but would be modifying the construction documents and some of the grading plans. The project will be in total compliance with the existing master plan. Councilman Rindone stated staff should also include any potential impacts those changes may have on the master plan. i.e. traffic safety inside the park, traffic flow, etc. VOTE ON MOTION: approved 3-0-1 with Councilman Malcolm absent. VOTE ON RESOLUTION 16053: approved 3-0-1 with Councilman Malcolm absent. Councilman Nader stated this brought to mind a situation last December in which a businessman was required by City regulation to install windows that were not functional but decorative. Council had been told at that time that it was not staffs purview to review the economics of the item. M (Nader) refer to the City Manager, with a report back to the Counc~, regarding the incorporation of cost efficiency in all staff reviews and reports to the Council. Motion died for lack of second. Deputy City Manager Thomson responded that the only case he was aware of was the instance of the windows which came from the Design Review Committee. There was a Council referral at that time regarding a joint workshop to address that issue. He did feel that staff made every effort to address the fiscal impacts. Counc~man Nader felt that a joint workshop would be appropriate as several other projects also came to mind, i.e. the graffiti prevention program, median decorations. What a project is going to cost and whether that cost serves a public function should be a factor in a recommendation to the Council, whether the cost is to the City or a private citizen. RESOLUTION 16053 CERTAIN GRADING/EARTHWORK IN THE CONSTRUCTION CONTRACT FOR THE ROHR PARK RENOVATION PROJECT IS NOT A SIGNIFICANT CHANGE THAT WILL REQUIRE IMPORTANT REVISIONS OF THE NEGATIVE DECt. ARATION 18. REPORT REGARDING POTENTIAL CHANGES IN THE AGENDA FORMAT (City Manager) Pulled from Consent Calendar. Counc~man Rindone felt the previous discussion on Rohr Park was a good example of the need to change the agenda format. Council should rely upon the staff expertise. There was a definite need to do planning before processing and he felt this was a vital step in that direction. Minutes February 5, 1991 Page 10 MSC (Rindone/Moore) to direct staff to provide for action it~m~ on the agenda with a report back from staff with guiddines to determine what would be considered Action Items. Approved 3-0-1 with CouncBrnan Malcolm absent 19. REPORT REGARDING CONSIDERATION OF DRAFT ORDINANCE FOR COMMUNITY PURPOSE FACILITIES - Staff was directed by Council to return with a proposed ordinance and analysis providing for Community Purpose Facilities within new development areas. Staff recommends that Council accept the report and forward it to the Planning Commission for recommendation. (Director of Planning) Mr. John Seymour, 6336 Greenwich Drive, #F, San Diego, California, representing the Construction Industry Federation, requested that Council direct staff to respond to the questions raised in their letter to 'the Planning Commission. They did support the staff recommendation but requested that their questions be answered. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND I~RT.~TED RESOLUTIONS AND ORDINANCES 20.A. RESOLUTION 16016 CER-HMCATION OF (1) ADDENDUM TO THE FASTlAKE GRRRNS' SECTIONAL PLANNING AREA (SPA) PLAN AND ~ TRAILS PRESERVE AND ANNEXATION FINAL SUPPLEMENTAL ENVIRONMF. MTAL IMPACT REPORT EIR864 AND (2)/~/DDENDUM - ~ GOLF DRIVING RANGE LIGHTING REPORT - Two addendures 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 an Addendure to EastLake Greens Golf Driving Range and Lighting Report were prepared to evaluate additional information on noise, light and glare, hazardous materials and hydrology. Staff recommends that Council certify that the Addendnms 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) Continued from the 1/15/91 meeting. /'~ ~/~ ~ City Attorney Boogaard stated that with the consent of the developer, staff was asking that the public hearing be continued to the meeting of 2/12/91 but encouraged Council to hear public testimony tonight. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, Mayor Pro Tempore Moore conti~.Ued the public hearing to the meeting of 2/12/91. B. PUBLIC HEARING PCC-91-14 CONDITIONAL USE PERMIT FOR EASTLAKE GRRRNS GOLF COURSE AND RELATED FACILITIES - FASTLAKE DEVELOPMENT COMPANY - This item involves a conditional use permit for a proposed 18-hole golf come, a driving range with night lighting, a 13,000 square foot clubhouse with restaurant, bar, pro shop, res~ooms and kitchen, and a one-acre fenced maintenance compound with a S,000 square foot building at EastLake Greens. Staff recommends approval of the resolution. (Director of Planning and Director of Parks and Recreation) Iq?~8 RESOLLrFION 16017 APPROVING PCC-91-14 FOR EASTLAKE GI~RRNS GOLF COUPLE AND FIRIATED FACILITIES Minutes February 5, 1991 Page 11 C. RESOLUTION 16018 APPROVING THE FASTlAKE 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 addendures to EIR-86-4 will be monitored, including noise, light and glare, hazardous materials and hydrology. Staff recommends approval of the resolution. ~oo~ 21. ' PUBLIC HEARING PCIM-914)3; CONSIDERATION TO CHANGE TIE NAME OF CENTER STREET, LOCATED IN THE MONTGOMERY AREA, TO I~REn COURT - CflY INITIATED - As a result of the Montgomery annexation, the City now has two "Center" Streets. The proposal is to change the name of the Montgomery Center Street since it is only one block long and in an industrial area. Staff recommends approval of the resolution. (Director of Planning) /~co / Robert Leiter, Director of Planning, reviewed the project with the Public Safety Department and Planning Comntission and obtained their concurrence with the staff recommendation. There are no residences in this area. 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 16054 APPROVING PCM-91-O3 TO CHANGE THE NAME OF CENTER STREET TO pEEr} COURT RESOLUTION 16054 OFFERED BY COLINCH,MAN NADER, reading of l~he text was waived, passed and approved 3-0-1 with Cotmc~man Malcolm absent OTHER BUSINESS 22. ORAL COMMUNICATIONS 22a. June Bushfield, 1S0 East Emerson Street, Chula Vista, California, stated she opposed the charge for the recycling program. She requested that Council rescind this action and questioned what would happen if a customer refused to pay the recycling fee. ~a~.q City Attorney Boogaard responded that the consequences of refusing to pay the fee would be the termination of trash service to the house. ~ Mayor Pro Tempore Moore stated that the State had mandated that the amount of trash taken to the landfill be reduced by 25%. A pilot program for recycling had been initiated within the City of Chula Vista and the current action taken by the Council expanded this program to all single family residences within the City. It is anticipated that the lifespan of the landfill will be prolonged by several years which will also be a savings to the citizens, i.e, the cost of establishing a new landfill. Stephanie Popek, Principal Management Assistant, stated a public hearing was held in which alternatives were discusses. It was staffs assessment after review of costs throughout the County that this was the best cost available. Minutes February 5, 1991 Page 12 Councilman Nader stated that each time a general trash rate increase occurs, the Council can hold a public hearing. Council has declined to hold a public hearing for the last several raises, but he did not feel that the next request would go without a hearing. 22b. Victor A. Nolan, 12 Via Barberini, Chula Vista, California, stated that there would be a large number of candidates running for Mayor and felt that there should be a Sergeant-At-Arms during the Council meeting. He expressed his concerns that candidates would appear before Council to obtain the publicity. 23. ITEMS pLn.T~.n FROM THE CONSENT C,~T~T,n~,~m_ (Items pulled: 17 and 18) The m/nutes will reflect the published agenda order. 24. CI 1 ~' MANAGER'S REPORT(S) a. Scheduling of meetings - The Port District will have a meeting on the 90% Report for the Nautical Activity Center on Monday, February 11, 1991 at 6:00 p.m. in the City Council Chambers. b. Report on defibulator - Deputy City Manager Thomson stated that the City had not received the information regarding the private donations as expected but hoped to have further information next week. 25. MAYOR'S REPORT(S) a. Appointment to Boar& and Commksions: Intemational Friendship Commission /~t:o3, MSC (Moore/Rhdone) to ratify the appointment of Nancy Carol Jimenez-Taboda to the International Friendship Commission. Approved 3-0-1 with Cotwe~man Malcolm absent. b. Ratification of appoinnnent of Tim Nader to Inter-Agency Water Task Force as City of Chula Vista Representative. 15~o¥ c. Nomination of Member-at-Large for interagency Water Task Force. MSC (Moore/Rindone) to appoint Tris Hubbard as the Member-at-Large for the Interagency Water Task Force and to ralLf3r the appointment of Countflinch Tim Nader to the Inter-Agency Water Task Force as the City of Chula Representative. Approved 3-0-1 with Coune~man Malcolm absent. / Na:~5 d. Nomination of Counc~ Subcommittee Member to Bayfront Subcommittee. /5~o~ MSC (Moore/Nader) to appoint Counn'lman Jerry Rindone to the Bayfront Subcommittee. Approved 3-0-1 with Councilman Malcolm absent. 26. COUNCIL COMMF24'rS a. Councilman Malcolm: 1. Water Crisis - to be continued to the meeting of 2/12/91. 2. Bu~ding Grading Moratorium 15'.o~7 Minutes February50 1991 Page 13 MS (Moore,/Nader) to direct staff to work with the two water authorities and major developers with report on pro's and con's and potential ordinance for a grad~lg moratorium as it pe_,~ains potable water. Councilman Nader stated he hoped staff would not be limited to the water districts and selected developers regarding this issue. VOTE ON MOTION: approved 3-O-1 with CoUDet'lman Malcohl:l absellL 3. Prohibition against high flow water fixtures in Chula Vista MS CMoorefNader) to direct staff to contact major retailers regarding pro's and con's with report back to Councilman Nader requested that staff also contact water conservation experts to obtain their input. VOTE ON MOTION: approved 3-0-1 with Councilman Malcolm absent. 4. Anti-graffiti control MS (MoorefNader) to direct staff to see how the antl-graffiti control program could be improved, Councilman 'Nader stated he had brought this issue up several times in the past and that the Youth Commission had recommended that volunteer artists within the community be utilized to eradicate grafffti. The last he had heard of the program was the suggestion that a consultant be hired. He would like to have a report from staff on what they have done thus far regarding that program. Mayor Pro Tempore Moore stated he would include Councilman Nader's request in the motion. Joe Berlanga stated the graffiti program was working very well but that they were in need of paint. They are currently utilizing youth referred to the program through the courts. Deputy City Manager Thomson assured Council that staff would follow through on the possibility of using recycled paint. MOTION: approved 3-O-1 with Councilman Malcolm absent. b. Councilman Rindone: 1. Council had discussed a community pride fair to be held on July 4th. He would like staff to bring · back a proposal of who would be directing this function. 2. As a result of action at a Redevelopment Agency Meeting, there will be a workshop on February 28th on the Mid-Bayfront project. He requested that staff make sure that adequate notice be given to the community as well as the land owner and any other interested agencies. 27. BOARD AND COMMISSION RECOMMENDATIONS: None Minutes February 5, 1991 Page 14 ADJOURNMENT ADJOURNMENT AT 7:00 P.M. to the Regular City Council Meeting on February 12, 1991 at 6:00 p.m. in the City Council Chambers. A Redevelopment Agency meeting was held at 7:00 p.m. following the Council Meeting and adjourned at 7:05 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk \ - ~'~ ~'\ C - ' by: Vicki C. Soderquist, Depu~,~ty Clerk