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HomeMy WebLinkAboutcc min 1991/02/12 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, February 12, 1991 Council Chambers 6:07 p.m. Public Services Building ~ TO ORDER 1. ROIL CALL: PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pI.I~I~GE OF AIJ.RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: International Friendship Commission - Nancy Jimenez-Taboada was sworn in by City Clerk Authelet. Ms. Jimenez-Taboada invited Council to the meeting for Irapuato Sister Cities Association meeting to be held on 2/17/91 at 11:30 at 478 Oak Place in Chula Vista. CONSENT C.~I .RNDAR (Items pulled: 8, 9, 11, 13, 19, 21, and 22) MSUC CMoore/Nader) to defer items #11 and #22 to the meeting of February 19, 1991. BALANCE OF THE CONSENT C~I .ENDAR OFFERED BY COLINCILMAN MALCOLM, reading of the text was waived, passed and apprnved unanimously. 5. WRI-I-I-ILhl COMMUNICATIONS: a. Request to have deposit fee for Conditional Use Permit waived - Reverend Larry Aguirre, 3060 Broadway Street, San Diego, CA. Staff recommends that all C.U.P. fees be waived. /fro/iv b. Request to have Conditional Use Permit Fees waived - Chris Chase; South Bay Family YMCA, 50 Fourth Avenue, Chula Vista, CA. Staff recommends that the fees be waived. /e-do, c. Request to have Facility Usage Fees waived - Mark Smolanovich; Kent Froede Memorial Classic, 456 'I" Street, Chula Vista, CA. Staff recommends that the City Council take no specific action on this request unless there is an objection to the action intended to be taken by the Director of Parks and Recreation. d. Request to have a letter expressing solidarity with the State and people of Israel be sent to the Consul General of the State of Israd for the United States - Ran Ronen; Consulate General of Israel in Los Angeles, 6380 Wilshire Boulevard, Suite 1700, Los Angeles, CA 90048. Staff recommends that the letter be received and fried. 159/3 Minutes February 12, 1991 Page 2 Councilman Malcolm felt that the restraint by the State of Israel in the Gulf crisis had saved many lives and that even though it was Council's policy not get involved in diplomatic issues, a supportive action to the letter would be appropriate. MSUC (Malcolm/Moore) to amend the City Mangers recommendation m have the Mayor respond to the requesL 6. ORDINANCE 2439 AMENDING, REPEALING, ANDRE-ENACTINGCHAPTER2.26AND AMENDING PORTIONS OF CHAIq'ERS 15.08, 15.16, 15.20, 15.28 AND 15.36 OF THE CI-IULA VISTA MUNICIPAL CODE 11F_I ATING TO THE BOARD OF APPEALS AND ADVISORS (second readinl~ and adoption ) - The proposed ordinance is recommending several editorial changes to the existing text, brini~ing about conformance between the ordinance and the latest adopted editions of the Uniform Codes. Staff recommends that the City Council approve the ordinance amendment and place ordinance on second reading and adoption. (Director of Building and Housing) 7. RESOLUTION 16042 APPROVING PURCHASE OF SAFETY EQUIPMENT FOR THE CONSTRUCTION INSPECT]ON STAFF AND APPROPRIATING FUNDS FROM THE SEWER LNCOME FUND The Department of Public Works construction inspectors enter confined spaces to inspect sewer and other public facilities on a regular basis. Federal, State and City regulations mandate that they be provided with 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. (Director of Public Works) Continued from 2/5/91 meeting. 4/5's vote required 8. RESOLUTION 16044 AMENDING THE CONFLICT OF INTEREST CODE TO INCLUDE MEMBERS OF THE BOARD OF LIBRARY TRUST~I~g AS DESIGNATED EMPLOY~F-q - At its 1/8/91 meeting, Council amended 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) Continued from 2/5/91 meeting. Pulled from Consent Calendar. _ Sue Miller, 46 Alvarado Place, Chula Vista, California, Chairperson of the Library Board of Trustees, stated they had researched their past history of recommendations to the C~uncil and had found that more of their recommendations had been denied than approved. Therefore, they felt they would not be bound by the Conflict of Interest of Code. They also felt a pre-amendment exists because Council sends the Board consultants and staff to present them with recommendations and limitations. Councilman Rindone stated this had been discussed two other times and that the Library Board of Trustees had been added at Council request. They were added due to the increased responsibilities, issues, etc. that will be coming before the Board, i.e. due to the future library expansions. In speaking with many of the members of the Board, there did not appear to be opposition by the majority of members. Therefore, he would recommend the addition of the Library Board of Trustees to the Code of Ethics. MS (Rindone/Malcolm) to approve Resolution 16044. Minutes February 12, 1991 Page 3 Councilman Malcolm stated there would always be differences between Boards and the Council, but that did not mean that a member should not fill out a disclosure statement to put themselves above any appearance of conflict. Because of future decisions regarding library expansions, he felt the dis closures were necessary. Ms. Miller responded that they had researched the past recommendations as specified in the ordinance. She was here representing the Library Board and it was the consensus of the Board that they not be required to file. City Clerk Authelet stated the initial form to be filed would be thirty days after the effective date of the resolution. The form is an FPPC requirement. City Attorney Boogaard stated Council could change the effective date of the resolution. MSUC (Malcolm/Nader) amend Resolution 16044 to establish the effective date of the resolution as March 15, 1991. Councilman Nader stated that the members of the Library Board were interviewed by Council because the Charter felt they were one of the most important boards. If the Council is following their recommendations less than half the time, maybe Council is doing something wrong and greater deference should be given to their recommendations. In reviewing the materials submitted by the Board, it would appear that there may have been some instances when the Council was not fully advised of what the recommendations were. The recommendations of the Boards and Commissions were just as important as the recommendations from staff and he expected to have those recommendations given to him. He hoped that the Library Board or any other commission understood that if they disagreed with staff or Council, they had the right to tell Council that they still disagreed. VOTE ON RESOLUTION 16044: approved 3-1 with Mayor Pro Tempore Moore voting no. 9. RESOLUTION 16057 APpROVINGAGI~RRMENTBETWEENTHECITYOFCHULAVISTA, P ABLO GODINA AND MARIll OTr HOTE. I _q, INCORPORATED REGARDING GERMAN SHEPARD DOG KNOWN AS *BULLH-I-- Bullit/, the police dog, donated to the City by Police Officer Pablo Godina, has proved unreliable as a police dog and must be retired. Pablo Godina requests that title to the dog revert to him so that the dog may be sold to Marriott Hotels for $1500. Staff recommends approval of the resolution. (City Attomey) Pulled from Consent Calendar. lS'~vl ~ City Attorney Boogaard informed Council that Officer Godina had been employed by National City, prior to Chula Vista, and had personally purchased the dog at that time, The cost was several thousand dollars more than the $1,500. He brought the dog with him for-h-is employment with the City. The dog does not meet the requirements of the City of Chula Vista and because it was Office Godina's original investment in the dog he felt it only fair his that investment be returned to him. The main thing the City Artorney's office wanted to achieve was that the City be immunized from any liability by placing a trained police dog into the community. Officer Godina and Marriott have both agreed to provide that indemnity. He did not consider this as a gift of public funds. The dog is currently in retraining at either Officer Godina's or Marriores expense. RESOLUTION 16057 OFFERED BY COUNCII/~u'q MALCOLM, reading of the text was waived, passed and approved unanimously. Minutes February 12, 1991 Page 4 10. RESOLIYFION 16058 AUTHORIZING THE PAYMENT TO THE MAYOR PRO TEMPORE OF THE EMOLDMF. gFS OF THE OFFICE OF THE MAYOR DURING SUCH TIME AS HE SHALL BE REQUIRED TO PERFORM THE SERVICES OF THE MAYOR APTER THE OFFICE HAS BEEN DECLARED VACANT AND UNTIL A SUCCESSOR HAS BEEN SEATED - As a result of calling a special election, the Mayor Pro Tempore will be required to provide the full time services of Mayor until a successor is certified as elected to the Office. As such, he should be compensated for the additional services required of him for this extended period of time. Staff recommends approval of the resolution. (City Attorney) 11. RESOLUTION 16059 APPROVING AN AG]~RF-MENT WITH LOC NGUYEN AND BAY LE REGARDING GREENWOOD PLACE FOR THE ISSUANCE OF A COMMON DRIVEWAY EASEMENT AND LANDSCAPE LICENSE OVER OPEN SPACE, ACCEPTING $7,500 AS COMPENSATION THEREFOR, AND aCTING A COMPARABLE AREA OF APPLICANTS LAND FOR NON-CONSTRUCTION - Council requested that staff determine the extent of the City's prior commitment to the property owners and determine if a solution can be achieved which reduces the impact on the open space and the neighbors, while still meeting the commitment of the City to the property owners. Staff recommends approval of the resolution. (City Attorney) Continued to the meeting of Februa~r 19, 1991. I~'d/9 12. RESOLUTION 16060 AUTHORIZING THE CITY MANAGER TO IMPLEMENT, AIq'ER MEETING AND CONFERRING WITH THE APPROPRIATE BARGAINING UNITS, A MILITARY LEAVE BENEFIT THAT HE DRF..MS APPROPRIATE FOR ALL REP~ AND UNREPRES~ EMPLOYEES - Staff recommends approval of the resolution. (Director of Personnel) /~e~ Councilman Nader stated the staff recommendation was to meet in Closed Session which was allowed under State Law but he did not view this as something that would have to be discussed in depth. He questioned staffs recommendation, City Manager Goss responded that the Closed Session would be to give instruction to negotiators for the meetings set for later during the week so the employee organizations could be told Council's position. He felt the staff recommendation was in line with other municipalities were doing. M CNader) to approve staff reconunendation. Motion failed for lack of second. Councilman Malcolm felt the staff report was clear and authorized the City Manager to meet and confer with appropriate bargaining units and implement the military leave benefit. City Manager Goss stated he would take it as the consensus of the Council to take Option #5 and talk m the employee organizations on that basis and bring it back to Council. 13. RESOLUTION 16061 APPROVING SALARY INCREASES FOR CERTAIN CVEA REPRESENTED CLASSIFICATIONS AND CREATING A NEW CLASSIFICATION OF PAINT SrKIPING OPERATOR - Staff recommends that Council create the position of Paint Striping Operator and increase salary for the classifications of Public Works Supervisor, Equipment Operator, Sr, Maintenance Worker, Sr. Tree Trimmer and Tree Trimmer effective December 28, 1990 and appropriating funds. (Director of Personnel) 4/5's vote require& Pulled from Consent Calendar. Iffo,~! Councilman Rindone stated he had talked to the Director of Personnel regarding this item and he felt the work done by the Director and her staff in preparing the item was exemplary. He could support the item as presented with the recommendation but requested an update on the salary increases, analysis from the Minutes February 12, 1991 Page 5 external market data that went into the report, and the reason for the variation for recognizing the internal alignment. Candy Boshell, Director of Personnel, stated they surveyed eleven jurisdictions similar to the City of Chula Vista to obtain comparable salary data, analyzed internal alignment and external market data. These classifications had not been reviewed since the early 1980's. RESOLUTION 16061 OFFERED BY CODNCILMAN RINDONE, reading of the text was waived, passed and approved uv~nlmouSly. 14. RESOLUTION 16062 AMENDING THE SALARY RESOLUTION FOR CERTAIN MIDDLE MANAGEMENT CLASSIFICATIONS - Staff recommends approval of the resolution which will, effective 7/13/90 provide salary increases for the classifications of Supervising Evidence Technician, Sr. Animal Control Officer and Supervising Construction Specialist. (Director of Personnel) /~',~,~ 15. RESOLUTION 16063 AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL DEPARTMENT RECORDS - Staff recommends approval of the resolution. (Director of Personnel) /~ 16. RESOLUTION 16064 INTENTION TO VACATE A PORTION OF GLOVER AVENUE ADJACENT TO 374 ~H' STREET AND SETTING THE DATE FOR PUBLIC HEARING ON MARCH 5, 1991 - Mr. Gfl Turullols, owner of the property at 374 "H" Street, has requested a right-of-way vacation by the City in order to reduce the impact on the developable area resulting from the dedication of right-of-way for the future widening of "H" Street. Staff recommends approval of the resolution. (Director of Public Works) 17. RESOLLrrION 16065 APpROVINGAGI~RRMENTBETWEENTHECITYOFCHULAVISTA AND MENTAL HFALTH SYSTEMS° INCORPORATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRI~I~MENT - Council approved an allocation for Mental Health Systems, Inc. (Kinesis South) of $4,525 in Community Development Block Grant (CDBG) funds on 5/22/90, and reallocated an additional $590 to the same on 12/4/90. The U.S. Housing and Urban Development DeparUnent requires a written agreement between the City and each sub-recipient of CDBG funds. Staff recommends approval of the resolution. (Director of Community Development) I 18. REPORT ACCEPTING $500 FROM THE PUBLIC ARTS ADVISORY COUNCIL OF SAN DIEGO COUNTY - The Cultural Arts Commission is requesting funds for a professional consultant to assist them in establishing a Cultural Arts plantand to complete the Chula Vista Arts Directory. Staff recommends that Council approve the resolutions accepting and appropriating $500 from the Public Arts Advisory Council of San Diego County and appropriating $1000 from the unappropriated balance of the General Fund. (Director of Parks and Recreation) RESOLUTION 16066 ACCEPTINGANDAPPROPRIATING$50OFROMTHEPUBLICARTS ADVISORY COUNCIL OF SAN DIEGO COUNTY (4/5's vote required) RESOLUTION 16067 APPROPRIATING $1000 TO DEFRAY THE COST OF AN ARTS CONSULTANT AND TO FUND A CULTURAL ARTS DIRECTORY (4/5's vote required) /~ 7 Minutes February 12, 1991 Page 6 19. REPORT ORAL REPORT ON ROHR PARK RENOVATION (Directorof Parks and Recreation) Pulled from Consent Calendar. /9;8 Jess Valenzuela, Director of Parks and Recreation, stated staff was seeking approval from Council of the revised grading plan and direct the contractor to proceed with the project in a comprehensive fashion. Staff has meet with Mr. Henry and Mr, Smith and have received acceptance of the revised plans. The City Engineer has also reviewed the revised grading plans and has found them to be acceptable. The contractor has indicated that he would need a comprehensive set of plans before he could start the work. The Landscape Architect and Civil Engineer were in attendance to present the proposed plans. Councilman Malcolm questioned the time needed to prepare a comprehensive set of plans. Mr. Valenzuela stated the Civil Engineer has indicated that the City would receive the plans by Friday of the this week and would in turn be able to give them to the Contractor on Friday. The Contractor has stated they would review the plans over the weekend in order to start the project on Monday. Councilman Malcolm felt the Contractor should be put on notice that some of the work could be done now, i.e. parking lot, tearing down the diseased trees, etc. He has chosen to stop the project and the City will not pay penalties without comprehensive review. If this should be done as a legal notice he hoped that the City Attorney would do so. City Attorney Boogaard responded that the Parks and Recreation Director had a legally sufficient conversation with the Contractor which will also be sent in writing to Mr. Kirchnavy. The City has no intention of voluntarily paying any claim for damages on the contract without extensive review and approval by Council. Mayor Pro Tempore Moore felt that Recommendation B should be modified to include unsafe trees rather than only diseased. Staff has also recommended that the eucalyptus grove on Apache hill north of the existing road and in the valley to the east be left standing. Mr. Valenzuela informed Council that the grading of the western most ballfield will result in the removal of twelve mature pepper trees. This was always contemplated in the plan and there is an opportunity to remove them at no cost, folding into the contract already, or transplant those trees at a cost of $1,S00 per tree. Harriet Taylor, 3142 Orchard Hill Road, Bonita, California, representing the Adhoc Committee for Rohr Park, thanked Councilmen Nader and Malcolm and staff for working with them. They are fLrrnly committed to accepting the plan which saves the Fort Apache Hill area and the Eucalyptus Grove area that is presented to the Council tonight. Council should understand that the Adhoc Committee cannot give approval to the revised plan in regards to the compliance or non-compliance with CI~_QA, i. e. the 1986 Negative Declaration. This is therefore staff and Council's sole responsibility. The Adhoc Committee urges that Mr. Wesley Humphrey be hired by the City to determine what trees be thinned and/or removed from the grove, hill, and along the driveway and road. He should also be used as an advisor as to which company is used to thin and prune the eucalyptus trees on a yearly basis to keep the trees safe and in a continued state of good health. Mr. Humphrey has been contacted and agreed to taking this position. Mr. Humphrey had done a report and did not find one diseased tree° the Committee felt this was still an issue that needed to be addressed. Mayor Pro Tempore Moore stated that Mr. Humphrey informed the Council that over 60% of the trees would have to be removed because a number were diseased and others would have to be removed due to location and aesthetics. Minutes February 12, 1991 Page 7 Ms. Taylor responded that he said they did not appear to be diseased. He has stated the only way to tell if a tree is diseased is to bring in a horticultural pathologist to test the trees. Councilman Rindone stated Mayor Pro Tempore Moore's recollection was correct. Contrary to what was reported in the newspaper, the revised plan was approved unanimously. Councilman Malcolm felt staff had gone beyond expectations and he appreciated their efforts. He expected staff to remove all dead and unsafe trees. MS (MalcolnX/Rindone) to accept staffs recommendallons: a. Leaving the Eucalyptus Grove that is on Apache Hill north of the ~fing road and in the valley to the east. b. Remove all trees that have been deemed diseased and/or unsafe by a qualified arborist and replace them on a oneto-one basis throughout areas of the park. c. Modify the grading of Apache Hill to allow the installation of a ballfield per the existing consllllction docunlenL, comrnellce therefore a slope approvlmately 4:1 in gradient to a new top of slope that would provide sufficient buffer and preserve the grove of eucalyptus trees and their root zones. d. Raise the parking lot to the design specifications. e. Raise the western most balLfield to the revised design specifications. f. Raise the eastern ballfields to the revised design specification. Architect to determine the need to retain the storm drain pipe and authorize the conwactor to install the storm drain. g. Direct the City Manager to issue and/or approve the appropriate change orders to the construction contract to implement this alternative plan. City Attorney Boogaard stated that Mr. Henry and Mr. Smith have recognized that this was the plan and consented to it. Mr. Valenzuela stated that they had also consented to the removal of the pepper trees. VOTE ON MOTION: approved unanimously. 20. REPORT REGARDING PURCHASE OF TRAVRI .RR INFORMATION CENTER - During the FY 1990-91 budget session Council appropriated $10,000 to be used for the purchase of a short range (2.5 mile) radio station which would be operated for the City by the Chula Vista Chamber of Commerce for disseminating information to travelers and residents. Funds were held pending receipt of an FCC license, resolution of signage concerns, and more complete data on equipment costs and effectiveness of similar programs. All information is now available. Staff recommends that Council ~accept the report and direct staff to proceed with ordering equipment and signs and report back to Council with an approved operating agreement with the Chamber of Commerce prior to commencement of operation. (City Manager) Councilman Malcolm felt it was important that the Mayor or City Manager be able to seize the facility in the case of a national disaster or local emergency. ~ City Manager Goss responded it was his intention to add a clause to the agreement along with written clarification to the station. 2 1, REPORT REGARDING TIIE SUBIVilSSION OF AN ADVISORY VCYrE RELATING TO THE APPOII~ TO OFFICE OF COUNCILI~ER IN THE EVENT A VACANCY IS CREATED BY THE RI.~CTION OF AN INCUMBENT COUNC:IIIfiEMBER TO THE OFFICE OF I~YOR - The City Council requested that staff docket for discussion the deliberation by the Council, and the possible taking of action, on the issue of submitting an advisory vote to the voters in the 6/4/91 election regarding the question of whether the filling of a councilmanic seat made vacant by the election of an incumbent to the office of Minutes February 12, 1991 Page 8 Mayor should be done by appointment or special election. Staff recommends that Council deliberate on the issue. (City Attorney) Pulled from Consent Calendar. /5'~.~ Councilman Rindone stated he felt Council should discuss and examine considerations and impacts. He felt a question could be posed to the public as to whether or not, should a council vacancy occur, due to election of a present councilmember and creating a vacancy, the preference by the electorate of either appointing for that vacancy end/or calling another special election. He was aware that the Charter tries for an appointment but felt this would allow for greater input from the electorate. Councilman Malcolm responded that at no time in the past has an advisory vote been free. There is always an impartial analysis and an attorney's analysis, which results in extra costs. The people of Chula Vista have already voted to have vacancies Filled by appointment and he felt there was an obligation to so. He voted against an election as he did not feel all Councilmembers, in good faith, tried to reach an agreement on an appointment. If there is a vacancy created, he felt the Council should make the decisions and appoint. M (Malcolm/Rindone) to file the report. Councilman Nader felt the proposal Dr. Cummings had made was very good. He would commit to the appointment of the winner of an advisory election to any vacancy on the Council, therefore eliminating the need of a special election. He stated he was referring to page 8 of the City Artorney's report but felt it should not be a yes or no vote. AMENDMENT TO MOTION: (Malcolm) the City not go to an election if a Councilmember is elected creating a vacancy, or list of people running included in the special election. Councilman Rindone stated there were two main purposes for the placement of the item on the agenda. One was to see if there was a consensus on either of the advisory votes, and it would appear that there is nor a consensus. The second purpose had to do with what if it did occur, how would the Council handle that situation. Would there be an opportunity for interested citizens, if an advisory vote was not taken, to declare their interest. He hoped that there could be a consensus, if a Councilmember ran and won creating vacancy, that Council would appoint by a method which allowed citizens to make their interest known before any decision was made. The discussion tonight will help to alleviate any concerns the public may have regarding that procedure. AMENDMENT TO MOTION WITHDRAWN BY COUNCILMAN MALCOLM. Mayor Pro Tempore Moore felt that the advisory vote needed to be explored more in depth. An advisory vote to fill a second vacancy on the Council would not be necessary ff the public knew that the Council would go city-wide for candidates. To file the report would be an injustice to the system. Councilman Malcolm felt the same process legally required for other boards/commissions would be utilized, i.e. posting of vacancy, interviews, and hopefully appointment. If an appointment cannot be made the Charter is clear on the procedure to be taken. Councilman Rindone felt it was critical that it be understood that fithere was a vacancy on the Council due to the election of a Councilmember, that the Council would take applications before any name is placed in nomination. He felt it was important that the issue be discussed so the public was aware of the procedure Council would take. He was pleased to hear the response of the Counc~ regarding taking nominations from the public. Minutes February 12, 1991 Page 9 Councilman Nader also was pleased to hear the Council agree to a nomination procedure with interviews being held in public so everyone would be aware of the process. He would not vote for the motion as he felt an advisory vote would help guide the Council by a vote of the people. VOTE ON MOTION: approved 3-1 with Councilman Nader voff~ng no. 22. REPORT REGARDING REVISIONS TO TERRANOVAPARK CONCEPT PLAN - The Woodcrest Terra Nova Developer agreement specified $850,000 improvements to the existing Tenca Nova Park. The Master Plan included expanding the park area by approximately three acres for two ballfields, two lighted tennis courts, and lighted basketball court. Actual additions to the park have been reduced to cost. Staff recommends that Council accept the report. (Director of Parks and Recreation) Continued to the meeting of February 19, 1991. I.~,~,~,1 * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 23 .A. RF. SOLUTION 16016 CER'IllqCATION OF (1) ADDENDUM TO THE EASTLAKE GDRRNS SECTIONAL PLANNING AREA (SPA) PLAN AND EASTLAKE TRAILS PRESERVE AND ANI~TION FINAL SUPPLEM~AL ENVIRONMENTAL flAPACT REPORT EIR 86-4 AND (2) ADDENDUM - EASTLAKE 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 Addendum 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 Addendums 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. B. PUBLIC HEARING PCC-91-14 CONDITIONAL USE PFIMIT FOR EASTLAKE GI~NS GOLF COURSE AND I~.IATED 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) City Attorney Boogaard explained that modificationShad been submitted regarding the advanced registration system. The request is to give flexibility to the operator of the golf course. Staff did not have a problem with the proposed change. Robert Leirer, Director of Public Works, stated the primary issue had been the condition of public play on the project. The condition as submitted has been recommended for approval by the Director of Parks and Recreation and himself. Councilman Nader questioned whether the EIR was in compliance with the City's pesticide policy. Mr. Leiter responded that staff would have to verify that or Council could include a condition requiring such. Minutes February 12, 1991 Page 10 City Attorney Boogaard stated Council could add a condition stating ~the use of pesticides on city operated golf courses~. 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 16017 APPROVING PCC-91-14 FOR ~ GB~NS GOLF COURSE AND RELATED FACILITIES 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. RESOLLrfION 16016, 16017 AND 16018 OFFERED BY COUNCILMAN RINDONE, reading of the ten was waived. Counc~man Nader referred to a report regarding the utilization of fresh water on the greens. It was the understanding of the Council and the public that reclaimed water would be utilized on the golf course. Mr. Leiter stated there was no condition prohibiting the use of fresh water on the golf course. Councilman Nader felt the Conditional Use Permit should be amended to add the following conditions: 1) the use of pesticides on the golf course be in conformance with the use of pesticicles on city owned parks and property; and 2) any use of fresh water for the maintenance of the golf course or greens be subject to approval by the City Council. Robert Snyder representing EastLake Development Company requested that the requirements for their golf course be similar to those of the municipal golf course. They could also agree to the water condition if EastLake was required to obtain authorization to utilize fresh water during Halfought restrictionsH. Councilman Nader stated the city does own the golf course but that it is leased out to a private operator. The pesticicle policy covers properties run by the city. He felt the public had a right to expect the Council to protect the water. MS (Nade~/Moore) to amend the Conditional Use Permit to add a condition requiring that the use of pesticicles on the golf cou~e be in conformance wi~ the City policy on use of pesticicles on city owned parks and propexty. City Manager Goss stated he was not aware that the pest control policy covered the parks and golf course, even though the city owns them. He questioned why the applicant is making the distinction of what pest control is being required on the parks versus their golf course. Councilman Malcolm stated that different types of pesticides are utilized on golf courses than parks. He stated that this requirement should also have been negotiated with American Golf. He felt the open space created would enhance the quality of life. Without more information he could not support the motion. Councilman Nader responded that it was his intent to include this requirement in American Golfs contract during negotiations. Minutes February 12, 1991 Page 11 Councilman Rindone stated that the opportunity to negotiate is always present when a waiver or exemption of the fee schedule is requested. He felt that Councilman Nader's recommendation was excellent but felt there should be consistency with all golf courses. He would favor a request to have staff research the use of pesticides on other golf courses within the City limits, technicalities, and recommendations and as opportunities present themselves, that Council then implement the policy. He felt this would provide for consistency and a better understanding of what Council is dealing with. SL1BS'H'fLfFE MOTION: 0Vloore/llindone) to direc~ staff to work with all major water users, i.e. golf courses and land areas, to arrive at a combined water conservation and pestidde plan in line with the City's goals and objectives. Councilman Nader felt that water and pesticide uses should be separated. City Manager Goss responded that it would be easier if Council would phrase the motion "to include but not limit to golf courses". Councilman Moore and Rindone agreed to include this in their motion. VOTE ON MOTION: approved unanimously. MS (Nader/Nloore) prior to any use of fresh rather than reclaimed water for maintenance on the golf come there be notification of and approval by Council. Councilman Malcolm stated that the two golf courses located in the City currently utilize flesh water at times. He questioned whether EastLake would agree to the amendment. Mr. Snyder responded that they would not object to obtaining approval of Council during "drought restrictions". It is really only necessary to make these conservation efforts during a time of water crisis. When the area is not in a water crisis it would seem to be an extra step. Councilman Rindone stated that 'drought restrictions" would be deemed as Stage I or greater. AMEaX~MENT TO MOTION: (Moore) Eastl ake ownership {operator of the golf come) be required to obtain Council approval for usage of fresh water during Stage I or greater water alert. Motion died for lack of second. VOTE ON MOTION: failed 2-2 with Councilmen Moore and Rindone voting no. MSUC (Nader/Rindone} EastLake ownePahip (operator of the golf course) be required to obtain Counc~ approval for usage of flesh water during a dealarea Stage I or greater water alert. VOTE ON RESOLUTION 16016, 16017, AND 16018: approved 3-1 with Councilman Nader voting no. 24. PUBLICHEARJNG TOADDONESECTIONANDAMENDCERTAINSECTIONSOFTHE CHULA VISTA MUNICIPAL CODE I~Pt-&TING TO PARKING METERS ZONES, PERMIT PARKING AND OFF STREET PARKING LOTS - At its 11/20/90 meeting, Council approved staffs recommendations to establish a parking permit system and change the one-hour meters on Third Avenue to two hours. Staff recommends Council place ordinance on first reading and approve the resolution. (Director of Community Development) Minutes February 12, 1991 Page 12 David Gustarson, Assistant Director of Community Development, reviewed fie proposed changes relating to parking meter zones, permit parking and off street parking lots. Je~ga~ 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. Mayor Pro Tempore Moore questioned how the permit fee was arrived at. Miguel Tapia, Community Development Special/st, responded that the fee was reduced by approximately $6.00 from the full recovery cost, The rationale was two fold: 1) lots are used at approximately 50% of their capacity and staff felt that ff the parking permits were sold at a price lower than the full recovery they would motivate more people to utilize them; and 23 it was taken into consideration that many potential users do not work full time downtown and would not use the permits for the regular nine hours of operation. ORDINANCE 2436 ADDING SECTIONS 10.52.480 AND AMENDING SECTIONS 10.56.020 THROUGH 10.56.040, 10.56.150 AND 10.56.280 THROUGH 10.56.320 RRIATING TO PARKING METER ZONES AND PERMIT PARKING (first r~adin~) RESOLUTION 16006 AIVIENDING THE MASTER FEE SCHEDULE TO ESTABLISH THE PRICE OF THE PARKING PERMITS, AND APPROPRIATING $11,155 FROM THE UNAPPROPRIATED BALANCE OF THE PARKING METER FUND TO SPEClp'IED ACCOUNT (4/5's vote required) ORDINANCE 2436 pLAc~-n ON FIRST READING AND RESOLUTION 16006 O~PlfflED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved unanimously. 25. PUBLIC HFARING CONDITIONAL USE PERMFr PCC-91-23; REQ~ TO CONSTRUCT A BRUNSWICK RECREATION CENTER AT 845 LAZO COURT WITHIN THE RANCHO DEL REY BUSINESS CENTER - LEISERV, INCORPORATED - The applicant is requesting permission to construct a Brunswick Recreation Center (cons/sting of a 48 lane bowling alley, pro-shop, snack bar, lounge, billlard and game room, nursery, and multi-purpose league and community meeting room) on 4.3 acres at the end of Lazo Court in the Rancho Del Roy Business Center. Staff recommends approval of the resolution. (Director of Planning) 15o~ Robert Loiter, Director of Planning, stated the proposal had been reviewed by both the Planning Commission and the Design Review Committee. The Planning Commission has recommended approval of the CUP for the facility and the Design Review Committee has reviewed and approved the design subject m specific conditions. Staff is recommending approval of the project. This being the time and place as advertised, the public hearing was declared open. Ken Lee, Assistant Director of Planning, stated there were no specific issues raised by the Design Review Committee. Phil Fitzgerald, 120 E. Sheridan, Oklahoma City, Oklahoma, representing Fitzgerald Associates Architects/Brunswick, spoke in support of staff recommendations. He displayed a proposed rendering of the building and asked for an amendment to the conditions which would allow the operator to open early upon the request of a bowling program from the schools. Minutes February 12, 1991 Page 13 Mr. Lee responded that the request was not an issue with staff and therefore would not have a problem in adjusting the hours. Councilman Nader questioned whether a condition stating "a school related program may operate as early as 8:00 a.m? would be acceptable. He also questioned whether they agreed with the conditions placed by the Design Review Committee. Mr. Fitzgerald responded that the recommended condition was satisfactory and they agreed to the conditions set by the Design Review Committee. Councilman Malcolm felt the building was fabulous and would like to see the Council move forward with the project. There being no further public testimony, the public hearing was declared closed. RESOLUTION 16068 APPROVING PCC-91-23 RESOLUTION 16068, AS AMENDED, OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived. Amandmants to include recornrnandations from the Design Review Cornmi~ee arid condition to all school related programs to begin as early as 8:00 aan. Approved unanimously. OTHER BUSINESS 26. ORAL COMMUNICATIONS - None 27. ITEMS PUIJ.Rn FROM THE CONSENT C~LENDAR (Items pulled: 8, 9,11,13,19, 21, and22) The minutes will reflect the published agenda order. 28. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. b. informed Council that Dawn Herring had been promoted from within staff to the position of Budget Manager. c. Report on defibulator. Stated the cost is approximately $50,000 to equip all the fire crews. Mrs. Mildred Ostrander is donating $25,000 for this purchase. The Chula Vista Community Hospital has also agreed to donate up to $25,000 towards the purcha'se of these units. Scripps Memorial Hospital has agreed to donate the base hospital costs associated in implementing the program via the Chula Vista Fire Department, this cost is approximately $10,800 for the first year. He commended both hospitals and Mrs. Ostrander for their generous donations. The appropriate resolutions will be coming before the Council as soon as possible for approval. The program will be implemented at all five Fire stations. Councilman Rindone congratulated staff for their efforts in obtaining the donations and felt that letters of appreciation should be sent on behalf of the Council. Councilman Nader stated he had been advised by the City Attorney that there could be possible technical authorizations required. Minutes February 12, 1991 Page 14 MSUC (lqader/Rindone) to authorize staff to accept the gifts and appropriate the funds for purposes specified for the equipment, Iraining, and base hospital costs. I.,,ro37 City Attorney Boogaard questioned that if there was a sole provider, if the Council could waive the provision of the purchasing procedures in the Municipal Code. City Manager Goss responded that staff would have to get back to Council with further information and that the delay of one week would not affect the May 1st stat'L~g date. 29. MAYOR'S REPORT(S) a. Requested that Members inform the Council secretary as to whether they will be attending the activities for the Sister Cities of Irapuato and Odawara. 30. COUNCIL COMMENTS 'Councilman Malcolm: a. Water Crisis - Discussion last week regarding usage of hi-flow toilets and shower heads was referred to the public works department. His intent was the banning for sale of these items. The City Attorney has informed him that it could create a problem as someone here could sell a fixture that would be used outside the City or the state. The City could however approve a resolution making it illegal to install hi-flow toilets or shower heads within the City. He would like the City Attorney to bring back a resolution next week for Council review. In the resolution it will require a posting anywhere these f'uccares are sold to inform residents of the City of the regulation. Assistant City Manager Krempl will be updating the Council regarding the grading requirements and/or prohibitions for the Stage 5 Water Alert being placed by the Metropolitan Water Board. Mayor Pro Tempore Moore felt the hi-flow regulations should be reviewed by the Chamber before Council takes action. Councilman Malcolm felt that if the Chamber could address the issue immediately he would agree but that he felt due to the water crisis Council needed to take action as soon as possible. City Attorney Boogaard stated that the proposed prohibition would require a rust and second reading ordinance with a thirty day period before becoming f'mal. A co, py of the proposed ordinance will be forwarded to the Chamber for comments. Councilman Rindone: Informed Council that MTDB would be having a public hearing on Thursday, February 14, on the proposed fare structure rate. As the Counc~ representative he will monitor this issue, report the progress, and obtain input from the Council as needed. Minutes February 12, 1991 Page 1S ADJOURNMENT City Attorney Boogaard informed Council that a Closed Session was not required for the following: Instxuctions to negotiators regarding compensation per Government Code Section 54957.6 Potential litigation pursuant to Government Code Section 54956.9 - Kirchnavy versus City of Chula Vista - Rohr Park Renovation ADJOURNMENT AT 8:35 P.M. to the Regular City Council Meeting on February 19, 1991 at 6:00 p.m. in the City Counc~ Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy ~y Clerk