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HomeMy WebLinkAboutcc min 1991/08/20 MINUTES OF A REGULAR MEEFING OF THE ta tY OF CHULA VISTA Tuesday, August 20, 1991 Council Chambers 6:08 p.m. Public Services Building 1. CALL THE ROLL: PRESENT: Councilmembers Grasser Hotton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager, Bruce M. Boogaerd, City Attorney, and Beverly A. Authalet, City Clerk 2. PLEDGE OF .A~ J ~-GIANCE TO THE FLAG. ,~IL~NT PRAYER 3. APPROVAL OF MINUTES: August 6, 1991 (Joint City Council/Redevelopment Agency) MSC (Nader/Moore) to approve the minutes of August 6, 1991 as presented. Approved 40-0-1 with Coanalman Rindone abstaining. 4- SPECIAL ORDERS OF TIlE DAY: a. Introduction and Recognition of Foreign F.~change Students - International Friendship Commissioner Dozis Cox will introduce the foreign exchange students from Japan participating in rile Lions Club Youth Exchange Program. Mayor Nader will present Certificates of Recognition to the following students: Michio Yoshida, Kazue Komiya, Kyoko Kudo, Shigehisa Fukuzumi, Yuuta Tsukahara0 Hiroe Onodeca, Satoral Sunohara, Kyoko Motoyama, Mutsuko Suzuki, Eriko Nittra, Ricko Yamazaki, Masaki Yamamoto, John Gonzales (Japan), Gregory Goldman (Japan), Alejanclra Castanares (Belgium). Mrs. Cox called each student to the podlure. She asked that each student give their name and the city they were from. The students were asked to remain standing until all were introduced. She then added her thanks and asked the host families that were present to please stand. Mayor Nader thanked the students and the hose families on behalf of everyone in Chula Vista. b. Introduction and Recognition of Foreign F..lehange Students - International Friendship Commissioner John Rittenhouse will introduce exchange students from Odawara, Kanagawa, Japan participating in the Lions Club Youth F, xchange Program. Certificates of Recognition will be presented to the following students: Toshiyuki Toyama~ l-Iiroko Ohsawa, Hiroko Iwahori, Kiyono Nakazato. There will also be a presentation by the students to the City Council. Mr. Rittenhouse called each student to the podlure. F. ach student introduced themself and then gave a small speech. The host families were recognized and thanked. Minutes August 20, 1991 Pa~e 2 Mayor Nader welcomed the students from Chula Vism's Sister City of Odawara, Japan, especially on this l Oth anniversary of the two eity's sistership. The students presented to the City of Chula Vista, via Mayor Nader, gifts and read a letter from the Mayor of Odawara. Mayor Nader expressed thanks and stated that the lovely wooden bowl would be put on display in City Hall for all the residents of Chula Vista to see and enjoy. Councilman Rindone offered a special thanks to Mrs. Cox and Mr. Rittenhouse, as well as the host families for all they have done -- especially in this troubled time. He also expressed thanks to the International Friendship Commission and the Lions Club. c. ~saon by CalTrans and California Transportation Ventures on State Route- 125 Proposal - Oral presentation by Richard D. BaLLman, President, California Transportation Ventures, Inc. and Jesus Gareia, District Director, California Department of Transportation. (14851) Jesus Garcia, District Director of California Deparunent of Transportation, made a presentation on State Route 125, between 905 and San Miguel Road. He pointed out that some parts of the freeway have been completed, whereas others are currenfiy under construction or are not scheduled for construction until a later date. This venture is being funded, or will be funded, in pan by state and federal dollars, as well as by San Diego County money measures. The problem is that there is not enough money to complete SR-125 between 905 and San Miguel Road and between 52 and 56 to the North. He stated they are currenfiy working with SANDAG. There is nothing to indicate that the funds will become ava~able in the next decade or two. There hs a great need to start relieving the congestion on the freeways, therefore, it is critical to complete this project. He then talked about the proposed toll road. Since there is no monies available, it is time to start looking to the private seetot. A new, innovative way of funding is being suggested. The five` party agreement includes Chula Vista, the City of San Diego, the County of San Diego, SANDAG and CalTrans. Mr. Garcia stated that they are fully committed to fulfilling and completing the requirements of that agreement and also guaranteed that state and federal standards will be met and the total environmental process completed. Richard Bauman, President, California Transportation Ventures, Inc., pointed out that one of the differences in this project ccmpared to others is that only those who bonefit from the road will have to pay. The general residents of the community do not have to pay if they do not use the road. There is no state or federal monies for this ,roject at this poinL Those involved in this joint venture are Parson Brinekerhoff, Fluor Daniel, Transroute and !>rudenlial-Bache. The only investment risk is to the joint venture investors. To date, $3 1/2 million has gone into this project, and they are looking at an environmental process which is estimated to cost $3 million more. There is no guarantee that there will be any return on that investment once the road is built, unless it am'acts the kind of ridership to the road that makes it pay. This will be a 40 year commitment. This is a private venture, taxes will be paid on the construction and profits made on the road. Employees will be hired to operate the toll plazas and do the maintenance on the road. They will be coming in as a long-ten employer. The process being followed will meet all CEQA requirements, i.e. there is a fairly extensive environmental process involved in a project such as this. There will be a full environmental assessment. This project is to help solve regional and community wanspormtion problems. If legal issues wifl~ the City of Chula Vista can be resolved, they can proceed with the environmental process which will take approximately 18 months. Construction should be in process by 1993 and the road should be open by 1996. The area being studied, Highway 54, starts at the border and proceeds north to the reservoir. Six different alternatives are being looked at. Twenty-one meetings have been held with different citizen groups to learn what issues the community feels are important. A citizen advisory group has been formed consisting of members from along the corridor ranging from the Chula Vista Chamber of Commerce Minutes August 20, 1991 Page 3 to Sweetwater and Otay Mesa. The City of Chula Vista is being asked to invest in this project and the money would not go into the project until it was actually going to be built. There would be a return on the investment while the road was a toll road. Mr. Bauman stated that what they are asking is for staff to be directed to work with them to identify and solve the problems. It would be a cooperative effort, the city's needs will be met, the city growth management plan requirements will be satisfied, and there is a need to work together and get the FIR process started. He also stated lt~ere is a need to put the pending lawsuit behind and agree to work together to resolve the issues to the city's satisfaction and complete the FIR without delay. Councilman Malcolm asked Mr. Garcia ff he was certain no funds were available other than the interchange from Proposition A that was passed. Mr. Garcia replied that they have been working with SANDAG on the next set of regional transportation projects. As it is, there is a need to take state money available to make up for the shortSall from the lack of county money. And, there are a lot of bigher priority public projects that have to be funded out of public amds. This is an opportunity for the private sector to help fund the project, which can not be funded with public monies. Councilman Malcolm stated that the trolley line needs to be maintained and there should be some kind of guidelines for a mandatory lane increase when needed. The freeway traffic congestion is getting worse. There is also a need to make sure the cit~ens of Chula Vista are able to use those roads. CalTrans and the private sector should work together on this in an amicable fashion. Councilman Moore said he would ask SANDAG for copies of their minutes so more could be learned about who said what. He stated that there is too much hearsay and not enough facts -- more facts are needed and they need to get out to the residents of Chula Vista. Mayor Nader concurred with the previous comments and concerns. There will be a closed session this evening in which the City Attorney will be addressing the Council concerning their position in this litigation and there may be further comments at that time. C~ONSENT CA! ~.NDAR (Items pulled: 7 and 9) BALAN(I~ OF CONSERr ~AR OFF/.K~ BY COUNCiLMAN MOORE, ~eadlng of the text was waived. Item 11 to be continued for three week Item 10 passed and approved4-04)-I with Counc~man Rindone absta~ng because of his employment relation~hlp with Sweetwater Union ~ School 5. WPd a-a]~ COMMUNICATIONS: a. Claim~ag~i~theCity- ~laimantNo. l: ~,~o~ondH. Wood,~omeyatlS10P~m Aveue, Na~o~ ~, ~ 91950; ~a~t No. ~ E~d ~, ~ ~d ~ough ~ 3o~t ~, ~ ~e~ ~d N~ ~o~e; ~a~t No. 3.4 ~d 5: N~ ~e, W~i~ ~o~e, B~es~ of W~i~b~g, ~o ~e ~w O~ces of 3~es T. Shaw, ~ P~a Road, Suite 3~, Mission Vie~o, ~ 92691. It ~ reco~eded ~at ~e cla~ ~ d~ied. (14852) b. ~ ~g ~on of ~it ~ on P~o~ ~d B~y - E~d ~ ~h~, 350 Broadway, Space 54, ~a Vis~, ~ 91910. It ~ reco~ended ~at ~e request be r~ed to st~ for renew. (14853) Minutes August 20, 1991 Page 4 6. ORDINANC~ 2474 AMENDING SECTION 120.010 OF Ti~ CHULA VISTA MUNICIPAL CODE RELATING TO PENALTY PROVISIONS (second readinz and adontion) - The Municipal Code Section 1.20.010 provides for penalties for an infraction of up to $500. This conflicts both with State law and City Charter, both of which limit the penalty for an infraction to $250. In order to make the Municipal compatible, both with the Charier and State law, Section 1.20.010 should be amended. Staff recommends Councfi place ordinance on second reading and adoption. (City Attorney) (14854) 7. RESOLUTION 16286 AP!~ROVING SECOND AMENDMENT TO THE ChfWIDE b-lB/.ET SWEllING AGB I~-MBNT ~ING SAME FOR ONE ADDITIONAL YEAR - On 9/15/87, Councfi approved a contract with Laidlaw Waste Systems, Inc. w provide street seeping. The agreement provided for three years of street sweeping with the contract price to be adjusted each year by the San Diego Area CPI. In addition, the agreement permitted two additional one-year extensions upon satisfactory negotiation of a connect price. On 9/11/90, Council approved the fwst amandmant to the agreement which extended the contract through 8/31/91. Staff and Laidlaw have negotiated a price to provide citywide street sweeping services through 8/31/92 for the second and final year extension as included in the contract. Staff recommends approval of the resolution. (Direcwr of Public Works). Continued from the meeting of 8/6/91. Pulled fxom the Consent Calendar. (14855) 8. RF. SOLLrlION 16303 AWARDING CONTRACT FOR THIi CITY'S ANNUAL REQUIREMENT OF LIBRARY BOOItS - Council Resolution No. 6132 authorizes the City to participate in cooperative bids with the City of San Diego for the purchase of materials or supplies of common usage. The City of San Diego has awarded its cordtact for ix'o~ books. The City is able to purchase its books at the contract price. Staff recommends approval of the resolution. CDirecwr of Finance) (14856) 9. RKf~LUTION 16304 RAIIPTINGANORALAGRRn411NTWITHMCMnJJNDL~b~-LOPMBNTFOR SOIL TRANSPORTATION; APPROVING A ~I-t'hEMBNY AGB~-MF2qT AND PF-I~ASI~- BETWI~ THE ¢2'1Y OF (2-1ULA VISTA AND WnJJAM KIRCHNAVY CONSTRUCTION, INC.; APPROVING CHANGE ORDHR NUMBER FOUR FOR SOIl. TRANSPORTATION; APPROVING CHANGE ORDER NUMBF. R FIVE FOR ADDITIONAL IRRIGATION MAihslAL ~ LABOR; ~ API~OPRIATING FUNDS THEREFOR IN THE ROHR PARKIN~ROVBMENT PROJECT - The Rohr Parklmprovement Ptojea construction began on 1/14/91 and was temporarily halted on 1/24/91. Council requested staff review and revise the plan in order to save a number of trees scheduled for demolition. The new plan approved by Council in February reduced the earthwork on Fort Apache Hill and mated additional landscaped areas (including the old pool site) and intermediate slopes when the sport fields were shifted out of the flood plain. Staff recommends approval of the Resolutions and appropriate $97,000. CParks and Recreation Department) 4/5's votes required. Ptffied from the Omsesxt Calendar. (14857) Councilman Rindone stated that the report indicated that PAD fees will be used for funding. He asked staff if there was any other source for funding other than the general fund. In the response it indicated that the Residential Construction Tax (RCT) funds would be available. Staff did not recommend this because there is more flexibility with the RCT funds than with the PAD fees which are restricted. He stated he would support the staff recommendations, but would want the RCT funds used in lieu of PAD fees. John Goss, City Manager, said he would like to add a correction. Just prior to the meeting he was handed a note stating that in the information provided, the Finance Dept. miscalculated the funding avafiable and Minutes August 20, 1991 Page 5 there is actually about $SS,000 available in RCT, If there is a substitution the Council wanted to take, it would only be for part of the amount, Councilman Rindone stated that if PAD fees were going io be used for a certain purpose then the Couneil needs to utilize those fees for what is indicated, if not then that restriction should be removed. He feels that there is a need to provide a consistent policy. RESOLUTION WAS OFF~,ED BY COUNC]LMAN RINDONE, reading of tezt was waived. Jerry Foncerada, Parks Superintendent, stated that $55,000 was needed from RCT and an additional $25,000 from PAD fees to make up the $75,000 needed. MS fftindone/Moore) to m~lre an amandment m the resolulion on page 9-6, where it ~ates ~he sum of $80,887 is hereby appropriated from the unappropriated balance of~..' to zay the RCT funds in lieu of the *the Parks Atquisition and Development Fees* fees. Motion fags 2-3, with Malcolm, Moore and Nader MSC (Nader/Rindone) to amend the agreement to be authorized for the Mayor to ~ to incoq~orate an amendment to be draped by the City Afrothey to preserve the City's righls to offset the cost of any additional ~tion of ~oil that may be found to have been necessitated by error on the part of ~e conu'actor. .j~Z~s(i llnsn;mOn~r. MSC (Nade~/]~zdone) to accept the resolution as amended. ,a~proTed ,ngn;mous]y. 10.A. RESOLUTION 16305 APPROVING .aX;REE/4~NT WrIH WOODLAWN PP~RK ~ (~flPAt AND ALrrHORITJNG THE MAYOR TO EXECUTE SAID AGI!~-FMENT - The City Council approved allocation of $213,800 CDBG funds to public service organizations and $133,900 to community development and fair housing organizations on 5/21/91. The U.S. Housing and Urban Development Deparnnent (HUD) requires a writtan agreement between the City and each sub-recipient of CDBG funds. Staff recommends approval of the resolutions. (Director of Community Development) (14858) COUD~'lm:an Rindone abstained from vox~g, due to his employment relationship with Sweetwater Fli~n School ~, RF_.SOLU'rl[ON 16306 APPROVING AG~I~J~ ~fifl'l]-~ SOLr~ COUNTY COUNCIL ON AGING AND AUTHOI~NG THE MAYOR TO EXECVrE SAID AG~-MENT (14859) C. RESOLUTION 16307 APPROVING AGR~ WITH RESIDENT ~ilU~TIONS OF CAUFORNIA AND ALrEHORIZlNG THE MAYOR TO EXECtrrE SAID AGRI~EMF2~. (14860) D. RESOLUT/ON 16308 APPROVINGAGI!t~flff~TrWITHEPISCOPALCOMMUNITYSI~VICES(FOR OPTIONS FOR RECOVERY) AND ALrlI-IORIZING THE MAYOR TO KXF. CUTE SAID AGIIREMENT (14861) E. RESOLUTION 36309 AppROViNGAGI~MENTWrTHEPISCOPALCOMMUNrrYSERVIcP-~(FOR OTAY COMMUNITY ClJNIC3 AND AUTHORIZING ~ MAYOR TO EXECUTE SAID AGP~P-MENT(14862) F. RESOLUTION 16310 AppROVINGAGRF3~MENTWlTHBOYSANDGIRLSCLUBOFCHLrLAVISTA AND AUTHORIZING THE MAYOR TO E3ECUTE SAID AGI~-MENT (14863) Minutes August 20, 1991 Page 6 G. RESOLUTION 16311 APPROVINGAGIzFJ~MENTWITHCOMMUNITYSERVICE(I. NTERFORTHE DISABI~n AND AUTHORIZING THE MAYOR TO EXEClrI~ SAID AGI~-~ (14864) H. RF_~OLLrflO N 16312 APPROVING AGREEMENT WITH SWEETWA-ililt UNION HIGH SCHOOL DIb"IlflCT AND AUTI-IORI~NG THE MAYOR TO I~:ECIII~ SAID AG~IENT (14865) I. RESOLIIIlON 16313 APPROVING AGI~Rk'~IENT ~ AIDS FOUNDATION SAN DIEGO ~ AUTHORIZING TIIE MAYOR TO !iXECLrl~ SAID AGI~k~k~2~IT (14866) J. RESOLLrlION 16314 APPROVINGAGBF-I~!F. NTWI'II-II~;rKOAND,s-iITHORIZINGTHEMAYOR TO EIEC~iB SAID AGreeMENT (1486~ IC RF. SOLUTION 1~315 APPROVING AG~RI~I~4T WI'II-I ~CA OF I~I~-i'ItOPOLITAN SAN DIEGO COUNTY (FOR YMCA FAMILY ~-I~r, ESS CENTER) AND AUTHORIZING TIlE MAYOR TO IKIECUTR SAID AG~I~I~NT (14868) L RF, SOIII~ON 16316 APPROVING AC.~Rt~k~IT WIII-I YMCA OF ~-iI~OPOL1TAN SAN DIEGO COUNTY (FOR SOUTH BAY FAMILY YMCA SUNSHINE COMPANY) AND ,~J/[HORIZING THE MAYOR TO EXECUTE SAID AGI~-~ (14869) M. P,F. SOLUTION 1~317 APPROVING AGI~F-RMENT WITH YMCA OF ~-~ItOIK)L1TAN SAN DIEGO COUNTY (FOR SOUTH BAY FAMILY YMCA SUMMER DAY CAMP) AND ALrIHORI2ING TIlE MAYOR TO EIECUTR ,SAID AGt~Rm~IENT (14870) N. RESOLUIION 16318 APPROVING A~ WITH LIJTHERAN SOCIAL SERVICI~_~: OP SOUII-IERN CALIFORNIA AND AiITHORIZING THE MAYOR TO EXRCUTR SAR) AGI~IIRMF..NT (14871) O. RESOLUTION 163P) /~PROVING AG~P~RNT WITH ADULT PROTRC'I1VR SERVI(IS AND AI. JTHO/~r~NG ~ MAYOR TO RX,~CIIFR SKID AGI~k'~IIiNT (14872) P, ~LUTION 16320 APPROVING AG]~RMEN'T WITH SENIOR ADULT SERVICES AND AUTHORIZING THR MAYOR TO EXECUTE SAID AG!~:~MENT (14873) Q. RESOLUTION 16321 APPROVING AG~R[~IaENT WITH ,IOBS POR YOUTH AND AI. JTHOBI2~IG . THR MAYOR TO EI~CIJ'IR SAID AGI~k'~%IENT (14874) AUTHORIZING THR MAYOR TO E~ECUT!i SAID AG~!a~i/IENT (14875) 8. RESOLUTION 16323 ApPROVINGAG~'~'Xt[~lT¥91THS(XJIHBAY(I)MMUBR'IYSDWKIS(FOR GR/~Ill ERADICATION) AND AIII1RiUZI~G THR MAYOR TO I~II~CUTR ~ AG!~P~!ENT (14876) CO}/BaIJI~WIY IIVIRI)PMI~"q~ AND AIII'HORIZING THR MAYOR TO EXECLrrR SAID AGl~:MRIX~4877) 11. RESOLUTION 16325 APPROVING AN AGI~-PMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR 1-805 AND T~U~-GRAPH CANYON ROAD INTERCHANGE IMPRO~ AND APPROPRIATING $338,000 THEKEFOR - On 7/24/90, Council approved Resolution 15735 expressing willingness to fund the City's portion of the cost for Phase I ofi-805 and Telegraph Canyon Road interchange Minutes August 20, 1991 Page 7 improvements. This action was necessary to enable CalTrans to complete their project report end obtain State funding approval. The project report is completed end CalTrans is now prepared to proceed with the project The total cost for the proposed project is $594,000. The City's share of the total cost is $297,000. The subject project is identified in the Citys Transportation DIF Program. Sufficient funds 'are available to cover the City's share of the cost. Staff recommends approval of the resolution and appropriating $338,000 from the unappropriated balance of the Transportation DIP Account (Director of Public Works) 4/S's vote r~ Co~inued for three weeks. (14878) 12. RESOLUTION 16326 APPROVINGANAGREEMENTWH~-IHNTBFORZ~K~ICESREQUI]IEDIN CONNEGTION WTfH A FAf3uTY IN THE STATE ROUTE-125 CORR[tX)R AND APPROPRIATING FUNDS FROM THE 'IIMNSPORTATION DEVELOPMENT IMPACT FEE FUND - The firm of HNTB was selected to provide engineering, legal, and t'mancial consulting services in connection with an interin2 facility in the SR- 125 cor~dor. The scope of work also includes engineering, ~'lancial, and legal expertise in connection with the analysis of the SR-125 toll facility. Sta~ recommends approval of the resolution and authorization to the Mayor to execute said agreement. (Director of Public Works) 4/5's vote required (14879) * * END OF CONSENT ~AR * * PUBLIC HEARINGS AND p~IATED RESOLUTIONS AND ORDINANCES 13. PUBUC~G TO CONSIDER THE DEFERRAL OF UNDERGROUNDING I~-I~CTRICAL SERVICE TO RETAIL BUSINESS AT 1130 THIRTIETH STREET - San Diego Gas and Electric Company (SDG&E) has requested that the City grant a deferral of the undergrounding requirements imposed on the Toys R Us project on Thirtieth Street. The request was made because the underground conduit would be placed within a portion of the old Sweetwater River. SDG&E feels there is a high chance of damage to the conduit and fuses by storm water and undue disturbance of the wetlands if the line were placed underground. Section 15.32.130 of the Municipal Code states that all deferrals of undergrounding must be considered by Council at a public hearing and that the owner must enter into an agreement with the City. Staff recommends that Council hold the subject public hearing, adopt the subject resolution approving the defetral agreement, authorize the Mayor to sign the agreement on behalf of the City and direct the City Clerk to record the resolution and agreement. (Director of Public Works) (14880) This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared dosed. RESOLUTION 16327 APPROVING DEPERRAL AGRP:P:MElVr WITH SAN DIEGO GAS AND ~-CTRIC AND AIFrHORIZING THE MAYOR TO EXECUTE SAME (148813 Councilman Malcolm suggested that the Mayors from National City and Chula Vista meet to discuss maintaining 30th St. Councilman Rindone stated he agreed there should be a meeting with National City officials. Mayor Nader asked to what advantage it served National City for this waiver to be granted. Cliff Swanson, City Engineer, answered that it would not serve as an advantage to National City. Minutes August 20, 1991 Page 8 MSC (Moore/Malcolm) to continue this iron until September 17, 1991 in order to contact National City. Mayor and designees to meet to negotiate this issue and boundary between two cities. Motion appmved ~I 4. PUBMC I-FaARING CON~DERATION OF LOCAL COASFAL PROGRAM AL'I~.d'G~ATIVE FIGHT - "Chula Vista Investors is the major landowner of property located in the Chula Vista Bayfront north of Su'eet Since purchasing the property in August of 1988, Chula Vista Investors has been working on a · omplete x~wision of the City's cext~ied Local Coastal Program (LCP) rderred to as an LCP Resubmittal. ~ursuant to a request from the applicant, Alternative 8 (a reduced density alternative concept plan proposed by the applicant) is being considered by the Planning Co~-rn~sion, rather than the original proposed project, which included the text and graphics constituting a Local Coastal ProSram Resubmittal, as wall as a proposed concept plan. The Alternative 8 concept plan for the Midbayf~ont proposes a mixed use project totaling approximately 3.9 million square feet of building area. The concept plan proposes 1,400 residential units; 1,800 hotel units; 150,000 square feet of commercial retail use; 640,000 square feet of professional office use (approximately 560,000 square feet of the office space is within the Rohr campus); and approximately 246,000 square feet, which includes athletic facfiities and a conference center. Staff recommends approval of the resolution. (Director of Community Development and Direcwr of Planning) Christine Keller, Community Development, reported that the Environmental Impact Report (FIR) has been on going for the last two and a half years. She emphasized that this is a program level document, not a project level document. The final EIB. consists of two volumes. There were two public review periods: one last summer on the original draft and then the recirculated draft in April and May of this year. On the recirculated draf/, seven letters were received. Mitigable hnpacts were identified based on the information the applicant had provided. Two categories of impacts were also identified which were not mitigated at this time. The t?pas of impacts categorized which were not mitigated included impacts where more detailed studies were needed at the project level or additional details were needed from the applicant which would be avallakle at a later point in time, or where there were additional agency permit issues which needed to be resolved in the final detafied stages. Geotechnical end water quality primarily relate to issues where more information is needed on the project design. In the biological area, the applicant has been working closely With the U.S. Fish and Wildlife Services. They are developing a biological resource management plan and that process is ongoing and not considered unmitigated at the plan level today. Public Services issue needs are for additional schools, and some of the operating cost Funding for this can be worked out at the project level. The land use issues really have w do with making modifications to the existing general plan, the LCP, and the redevalopment plan to be ultimately consistent with the project The applicant has proposed five mitigation measures on the traffic issue. Ax this point in time their feasibility has not been fully investigated and there is a need to review some of those with CalTrans, so those also remain unmitigated at the plan level. On the categories of impacts considered signif]cent end unmitigable, these apply to the issues where a redesigu of a project or a different project alternative would be necessary. Impacts to biological resources remain significant and u.rnltigable at the plan level. Loss of rapwr foraging areas would also be significant and unmitigable and any development of the site would result in loss of raptor foraging habitat. This analysis is guided by species which are endangered or have a protective status. FIR concluded that there was an incompatibility with the density of the project with respect to the National Wfidiife Refuge and the surrounding lend uses. The impact of parks and recreation relate to the height of the buildings and the shadows on the park lands that are proposed. Visual and aesthetic unmitigable impacts on the visual quality relate to the impact on the community. Chris Solomone, Director of Community Development, stated that the subconsultants were present and willing to answer any questions. Mayor Nader complimented staff in providing the Councfi with the material three weeks ahead of time. Minutes August 20, 1991 Page 9 Gary Cinti, Cinti and Associates, gave a brief overview of the applicant's proposal. If the City approves the applicants plan, the applicant would be required to prepare a LCP resubmittal document consistent with this alternative for review. Once reviewed, this revised LCP resubmittal and associated general plan amendment would require the Planning Conunission and City Counc~ approval prior to being forwarded to the California Coastal Commission for certification. There are a number of unresolved issues: consistency with goals and objectives, overall intensity, economic feasibility, and unmitigated anviroumenta] impacts. A Bayfront Hag Subcommittee was established and is meeting regularly to address these issues, as well as consideration of alternative measures. Mr. So]omone stated that staff is recommending certification of the FIR and that the Council continue the applicanfs proposal pending resolution of several key issues. Those key issues are: consistency with goals and issues, overall intensity, economic feasibfiity, consideration of a cultural arts facfiity in the bayfront area and a closer address in the actual proposal of the unmitigated environmental impacts. The Planning Commission has asked that within four months these issues be resolved. This being the time and place as advertised, the public hearing was declared open. Paul A. Peterson, 530 B St., San Diego, CA, representing the applicant, Chula Vista Investments, spoke in favor of staff recommendation. He distributed an executive summary of some of the features w the project. Mr. Peterson stated that this project would be to the publies benefit. It would be an exciting and interesting resort for the people of ChuJa Vista. There is a lot of exciting potential with this project. This will be a vital, vibrant and interesting destination point. Wffiiam Barkett, 864 Prospect, La Joila, CA, representing Chula Vista Investments, stated that they are in favor of the staff recommendation to certify the FIR. They are encouraged by the meetings they have had with staff and said that more meetings are planned. Carl Worthington, 913 Ocean Front Walk, Santa Monica, CA, representing Jerde parmership the architects for the project, spoke in favor of the recommendation. This is a community based concept. There intent is to ereate a special place and are in agreement with the vision statement. They want to protect the bayfront and create mixed uses for pedestrians. Mayor Nader pointed out that the time allowance for speaking had passed. Councfiman Malcolm suggested that because of the importance of this project, Mr. Worthington be granted additional time to speak. Mayor Nader granted an additional 20 minutes to Mr. Worthington. Mr. Worthington gave a slide presentation highlighting the many benefits of this project He stated that significant modifications have been made to the older plans. Traffic impact is less than in the original plan. A great deal is subjective, and additional comments are welcome. They had met with staff last week and agreed they should all sit down together and do any additional fine tuning in terms of specifically identifying where additional refinement is needed. Mr. Peterson stated that ff this was referred back to the committee for further study, that they be asked to report back two months from now. Peter WaW/, 81 Second Ave., Chula Vista, CA spoke in opposition to staff recommendation. He stated that the original LCP was what the citizens of Chula Vista wanted, not what is being proposed now. John O'Neill, 540 Carla Ave., Chula Vista, CA, spoke in opposition and recommended that this project be denied in its present form. Minutes August 20, 1991 Page 10 Reva S. Lynch, 626 Date Ave., Chula Vista, CA, spoke in opposition and suggested that a waterfront park ,and cultural center be developed. Jackie McQuade, 339 East J St., Chula Vista, CA, spoke in opposition to the recommendation stating that she could not see how the Council could go along with someone who can't finish a building in National City. She also stated that she hoped the Council would direct Mr. Barkett to reduce the proposed density by half. Tim Murphy, 2431 Morena, Suite 2H, San Diego, CA, representing F_2ite Racing, Inc., spoke in favor of staff recommendation. Mr. Murphy stated that he was excited about the project and said that he was in favor of it. Tom Money, 355 3rd Ave., Chula Vista, CK He stated that he was in favor of the project, felt this was an opportunity and suggested that the Council approve it. Bfil Robens, 254 Camino Elerado, Bonita, CA, representing the Sierra Club, spoke in opposition to staff recommendation. He stated that the size, design and location of the project are a definite problem. Since it is a bayfront project the location can't be changed, but to be environmentally acceptable the size and design must be changed. Will Hyde, 803 Vista Way, Chula Vista, CA, representing Crossroads, spoke in opposition of the project. Mr. Hyde stated that this project would be too massive and intensive for this invaluable site; it does not provide for an adequate amount of parks and open space for the general public and access thereto; it will unnecessarily block off views of San Diego Bay to the general public; it will generate intolerable traffic congestion along the 1-5 corridor from E Sn'eet to at least H Stteet; it will seriously aggravate an already serious shortage of elementary and secondary school capacities; it will generate a regionally significant damand on critically short water supplies; and, it has been deemed economically infeasible by two independent economic studies and analyses. He stated that it is not in scale and character with the community and should not be approved. Mr. Hyde said that Crossroads is anxious to see an appropriate development of the bayfront, one that is beneficial to the community not the developer. Kant Carson, 57 Milan Cr., Chula Vista, CA, spoke in opposition of this project because of the negative impact it would have on the schools. Bob Pox, 1080 Winding Oak Dr., Chula Vista, CA, spoke in opposition. Mr. Pox stated that a cooperative effort with this kind of project is needed and hoped that this could eventually be achieved. He suggested that staff recommend this project, as of now, be defined as unacceptable. There being no further public testimony, the public hearing was declared dosed. Mayor Nadec stated that the staff recommendation was not approval or denial of the proposal,. but certification of the EIR and referral back to the subcommittee for further consideration. Councilman Moore asked if any of the concerns mentioned were discussed with any of the environmental entities and whether or not the agencies had any concerns. Mr. Peterson stated that they had been working with the U.S. Fish and Wildlife Service in what is believed to be acceptable resolutions to their concerns. They have been in contact with the Coastal Commission, but the Coastal Commission will not discuss this until the Council makes a decision. There has also been input from Fish and Game. The agencies don't necessarily agree with each other. Minutes August 20, 1991 Page 11 Councilman Moore asked that a list of agencies contacted and their concerns, recommendations, etc. as well as a list of thor not contacted be provided. He also asked who set the standard and how it was arrived at the recommendation which states, 'Locations of buildings exceeding two stories away from the perimeter of the site where they conflict with public open space uses and uses of the adjacent National Wfidlife Refuge' and wanted to know how these issues became 'major issues' to be resolved. Mr. Solomone stated that there were discussions and positive reactions as part of the goals established b~ the Redevelopment Agency and there were some restraints provided to the applicant prior to the planninE process. Councilman Moore stated that as vague as these recommendations are, he wonders how staff will be able to work with the Bayfront Subcommittee 'and with the citizens of Chula Vista to resolve these issues. Councilman Malcolm stated that he found it interesting to listen to public comments. There are a number of issues or irprns in this plan that are good and he wants them included in any plan decided upon. He said he had a lot of problems with the staff report. There were some conflicting statements between the staff' report and the developers report. He quetioned how many acres in this plan is for parks. Mr. Worthington answered that there are different categories of parks. The ones being compared are the technical classifications of public parks. The old LCP had 20+ acres of parks and they suggested that this one have less. Credit was not given for 10 acres of lagoon, which they are saying is a part of the waterfront park. There is 33.2 total acres of park. There is almost 10 acres of other open space within the project that their old plan did not have, but that is not being counted. Councilman Malcolm stated that he wanted staff to come up with a better definition for parks and he doesn't need a four month delay. If he were to vote tonight, he would vote against the project because it is too dense. Specific decisions need to be made and direction given to the developer. There is concern about what is happening in National City. A development agreement would have to be entered into. A contract which would guarantee that the project is completed in its entirety as presented. He stated that he wants to follow the staff recommendation and wants it continued for 30 days, a fair compromise would probably be 60 days, but he wants the results back. As a Councilman he is ready to make a decision. Mayor Nader stated that the current plan does have some excellent points. He supports the Planning Committee's recommendations. By approving the resolution this does not mean that the program will be approved. He felt the development was presently too dense, He would be delighted if there was a closure on the issue in four months. This is somewhat of an oprlm!~tic ~ne table, but not unrealistic, This project should be considered top priority for redevelopment in the City. Councilwoman Grasser Horton stated that she thinks the progression of the subcommittee is stagnant at this point and is causing a problem for the developer. The developer has been working closely with the subcommittee and taking into consideration all the subcommittee's concerns. Hopefully, with more direction from staff and others, by the next meeting they will be able to move in some direction. Therefore, 90 days should be sufficient. Counc~man Moore suggested that to expedite things, a motion be made to direct staff to make this a top priority project, some verbiage on schools are needed, and a clearer definition of what is referred to by "park". This should be sent back to the Bayfront Planning Subcommittee to resolve the six key issues. Counc~man Rindone stated that there is a need to clarify that they are dealing with two issues. The fxrst being approval of the final EIR. Through staff recommendations, attending meetings, etc. he is prepared to vote on the first issue. What is needed to be focused on is the second issue: what was given to the ~t~.utes August 20, 1991 Page 12 Bayfront Subcommittee to accomplish. They were asked to find out what Chula Vistans wanted on the bayfront, which could not be agreed upon, but all did agree that something needed to be done. The direction to the subcommittee was not to approve or disapprove the Barkett plan. The direction to the subcommlnee was to develop a bayfront plan, what Chula Vistans wanted. Super opportunities have been provided that should not be lost. When, what is believed to be, the right plan is developed, he wants to see it become a reality and not a figment of imaginations. He asked Mr. Peterson why in the reports and in the presentation 35 dwelling units per acre were stated and in the staff report and Planning Commission it was .Mr. Peterson answered that staff is calculating density on a net acreage based on zoning of the land on which the buildings set. The developers are calculating density in accordance with the general plan, as they understand it, which includes adjacent parEands and extends to the middle of the street. This is something that can be defined and worked out to satisfaction by the next meeting. Councilman Rindone stated that it is critical to make a determination on the final EIR. Also, dear direction needs .to be given as to what the Council wants and what is expected of the Bayfront Planning Subcommiltee. He stated that he would like to see the Councfi come back with a recommendation as a community plan. Two issues need to be addressed: 1) density; and 2) the fading plan of the proposed construction. Mr. Peterson replied that they felt the project to be economically feasible. They will be coming back to the Council with a full package to show how this project will work and what kind of public participation is needed. Councilman Rindone suggested that the following issues be addressed by the Bayfront Planning Subcommittee: clearer understanding of the density issue; bulkiness - it is overwhelming; water access to the project; bike paths away from the walking pedestrians; concern of the traffic impact; and, a construction plan that is financially feasible. Mayor Nader stated that he did not feel at this point, when the concept plan can not be agreed upon, that the subcommittee should be given specific phrasings for the development agreement other than to make dear what the Council considers to be the prime public amenities. He stated that he felt the Planning Committees recommendation is a good and reasonable one. Four months may seem like a long time, but as a culmination of a 20 year process it is a fairly expeditious schedule. He does expect full staff cooperation with the subcommittee in the next four months. MSC (Nader/Grasser Fieton) for certification of the EI1L Approved ,,n.ni,~onsly. MSC (Malcolm/Moore) to amend the resolution by deleting the first *BP- IT FURTHER RESOLWi) ...' MSC (Nader/Grasser Hotton) to direct the planning Committee to report hack to Council the second Tuesday in ,lanuaty. Staff recommendations to be addressed by subeommltlee for further input. Approved MSC (Nader/Moore) to direct staff that number ~me priority is the hayfront mtevelopment. Appmved unanimoulsy. Mr. Salomone suggested that a status report, from staff, come back to Council in 60 days. Minutes August 20, 1991 Page 13 Mayor Nader stated that he wanted staff to report immediately ff there were any problems with time schedules, not wait until the next meeting. MSC (P, indone/Male~m) to amend previous toolion to include a water front access. Approved ~m:m~nOUSly. (14B823 BEPORT CONSIDERATIONOPFINALI~R-89-08MIDBAYFRONTLOCALCO/k~TALPROGRAM RESUBI~U-rrAL NO. 8 AMENDff CRelated item; but not a public hearing.) RESOLLrHON 16328 CE~.'iII.'YiNG F/NAL EIR-89-08 AND COlv~Lt~/UING CONSIDERATION OF LOCAL COASTAL PROGRAM ALTERNATIVE 8 (14883) MSC (Nader/Makolm) to continue with Oral Commtlnication, Itenl #9, the ],4ayor~s Repol*rs Council COmmelll~, the Redevelopnlent ite~ll~ and illtO elc6ed se~ion Approved un~nmotL~ly. ORAL COMMUNICATIONS None ACTION ~ 1S. REK)RT RF_j~RT ON TRAFFIC CONCERNS ON POINT BARROW DRIVE - The City Council received a letter with a petition from Mrs. Jean Adams, a resident of the Robinhood Point area, requesting that something be done to reduce the speed of vehicles on Point Barrow Drive. Staff recommends denial of Mrs. Adams' request for speed bumps and acceptance of staff and Safety Commission's recommendation. (Director of Public Works) COntinUed until AlegriSt 27, 1991. 16. REPORT SURVEY ON u-iY-WIDE USE OF CONSULTANTS AND CONTRACTUAL SERVICES - At the 7/23/91 City Counc~ meeting, Council requested a report on the City's use of consultants and service conlracts. This report represents a broad review of all existing contracts for services required city-wide° regardless of contract costs. In addition, several recommendations for further study are requested to be. formally referred to the City Manager. Staff recommends acceptance ofthe report, approval of the rderrals recommended, and further direction provided as necessary. (City Manager) MSC (Malcolm/Nader) to continue ~h{~ item for 30 days. Approved unnnimxlsIy. BOARD AND COMMISSION RECOMMENDATIONS None submitted. Minutes August 20, 1991 Page 14 ITEMS PLnj.~r~ FROM THE CONSENT CALRNDAR Items pulled: 7 and 9. The Minutes will reflect the published agenda order. OTHER BUSINESS 17. ~aI~MANAG~t'S REPORT(S) - None 18, MAYORS: REIK)RTfSI a. Ratification of appointment to Boards or Commissions - International Friendship Commission Approved unanimously appointment of Maria Racchell Capetanakis to the International Friendship Commi-~sion. (14884) b. Authorization for trip to Washington, D.C., September 8 through 12, 1991. Mayor Nader stated that the date should read through September 14, 1991. ~ (Rindone/Moore) to authorize the Mayoz's Uip to Washington Approved unanimously. (14885) MSC (Malcolm/Nader) for ~ ordinary cizt~,m~ance to cousid6 an i~m not on the ag~naa. Approved 5-0-0. c. RF.,SOLUTIO~ 16129 OF TIlE u'lY COUNCIL OF U'IY OF CHULA VISTA SUPlK)RTING THE ~TICALLY ~FCI'ED SOVII~-r UNION - staff contacted the U.S. State Department to ascertain the appropriateness of any action and suggested that a resolution of this type be sent to the Soviet Embassy. The purpose of it is to communicate our solidarity with local official counterpazts in the Soviet Union. (14886) RF, SOLUTION WAS OH~F, RED BY COUNcIII~,~a'~I MALCOLM, reading of th~ ~ was waived, passed and aplzov~d unanimously. 19. COUNCIL COMMENTS Councilwoman Grasser Hotcon Councilwoman Grasser Honon stated she wanted to commend staff on their consultant report, it was easy to understand and read, She requested that staff include a history beginning in 1985 providing a list of those finns or individuals who have received $50,000 or more in a given year, as well as0 the ntunber of work hours each contract is approved for and a brief job description. Mayor Nader responded that the staff would do this and the record would so reflect. Minutes August 20, 1991 Page 15 x OURNMmCr The City Council met in a elosed session at 11:09 p.m. m discuss: Pending litigation pursuant to Government Code Section 54956.9 - Robert L. Smith versus City of Chula Vista, et al. Potential litigation pursuant to Government Code Section 54856.9 - City of Chula Vista versus Edmund Mitldevicz, et al. Potential litigation pursuant to Government Code Section 54956.9 - Proposed Southbay Ah'port Imminently potential litigation pursuant to Government Code Section 54856.9 - City of Chula Vista versus County of San Diego - Institution of litigation to enjoin the diversion of Country trash to Otay landfill. Potential litigation pursuant to Government Code Section 54956.9 - SR-125 Proposal. ADJOURNMENT AT 11'.20 Pit to (a closed session and thence to) Adjourned City Council Meeting on August 22, 1991 at 4:00 p.m. (immediately following the Redevelopment Agency Meeting in the Council Chambers). The Redevelopment Agency meeting convened at 10:55 p.m. and adjourned at 11:09 p.m. Respectfully submitted, BEVERLY A. ALrFHRI.~T, CMC, City Clerk by: '