HomeMy WebLinkAboutcc min 1992/02/25 (2) MINUTES OF A REGULAR MEETING OF THE
CITY OF CI-1ULA VISTA
Tuesday, February 25, 1992 Council Chambers
6:08 p.m, Public Services Building
CAI.I.I~n TO ORDER
1. CALL THE ROLL:
PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City A~tomey; and Beverly
k Authelet, City Clerk
2. PT.F.r~GE OF AT .T.T~.GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: January 14, January 21, and February 11, 1992.
MSUC (Moore/Rindone) to approve the minutes of January 14, January 21, and Febnmry 11, 1992 as
presented.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Human Relations Commission - Elsie Hashimoto, Growth Management Ove~iL~ht
Commission - Harold Coleman, Jr. and l~icardo Reyes. Oath of Office was administered by City Clerk
Authelet, Certificates of appointment were presented by Mayor Pro Tempore Malcolm.
CON~ CAI.RI~DAR
(Items pulled: 8, 10, and 15)
City Manager Goss informed Council that staff had requested that Item 14 be continued for one week.
Mayor Nader stated the continuation of Item 14 for one week would be included in the Consent Calendar.
BALANCl~ OF THE CONSENT C~LRNDAR OFFF. RF.,D BY COUNt~I-MAN MOORE, reading of the text was
waived, passed and approved unanimously.
5. WRI-FI-~I COMMUNICATIONS:
a. Letter requesting review of factors creating flood related problems at South Bay Towers - Allan J.
Kuebler, Owner, Southwest Management Company, 260 Landis Avenue, Chula Vista, CA 91910. It is
recommended that the letter be acknowledged consistent with the recommendations of Report No. 21.
b. Letter requesting support for the Indweller Project and the Recycling Market Develop~nent Zone -
Teresa Aland, Executive Director, Indweller, 1433 Nacion Avenue, Chula Vista, CA 91911. (Related to
Agenda Item No. 8). It is recommended that Ms. Aland's letter be acknowledged, consistent with the
recommendations of Report No. 8.
Minutes
February 25, 1992
Page 2
)
c. Letter of resignation from Commission on Aging - Earl D. Biggers, 677 'G' Street, Space 26, Chula
Vista, CA 91910. It is recommended that Mr. Biggets' resignation from the Commission on Aging be
accepted with regret and that a letter of appreciation be sent.
6. RESOLI.rrlON 16513 APPROVING COMPENSATION AND BENEFITS FOR CERTAIN
UNCLASSIFIED PERSONNEL - The various Council subcommittees designated to review compensation of the
City Manager, City Attorney, City Clerk and Mayor/Council Secretary have met and made salary
recommendations effective 1/1/92 for these positions. (Mayor Nader)
7. RESOLUTION 16514 APPROVING SPECIAL ADJUSTMENTS FOR CERTAINMID-MANAGEMENT
AND UNKEPRES~ CLASSIFICATIONS, AMENDING EXECUTIVE AND MID-MANAGEMENT FRINGE
BENEFIT COMPENSATION, AND AMENDING SALARYBANDS FOR EXECIrFIVE MANAGF. aMENT PERSONNEL
FOR FISCAL YEAR 1991-1992 - Staff recommends approval of the resolution. (City Manager) 4/bth's vote
required.
8. RESOLUTION 16515 SUPPORTINGTHECOUNTY'OFSANDIEGOANDTHEt~-iYOFSANDIEGO
JOINT APPLICATION TO ESTABLISH A RECYCLING MARKET DEVELOPMENT ZONE - AB939 requires that
cities reduce the waste stream to landfills by 25% by 1995 and 50% by 2000. To assist in completing the
recycling loop, Senate Bill 1322 further amends AB939 by creating guidelines for establishment of Recycling
Market Development Zones. These zones are specific geographic areas where incentives are offered to attract
recycling businesses. A joint application for the establishment of a F, ecycling Market Development Zone is
being developed by the County of San Diego and the City of San Diego for which Council support is
requested. Staff recommends approval of the resolution. (Administration) Pulled from the Consent
Calendar.
AMENDMENT TO RESOLUTION 16515: (Nader/Malcolm) to support the ilLrUst of staff recommelldatioIl~
make clear the City is not supporting an incineration teclmology of trash to energy as part of the application;
and request that at least one person from the City of Chula Vista be appointed to any citizens committee
established to provide input or oversight of the zone. Approved unanimously.
RESOLUTION 16515, AS AMENDED, OP-I,I~qED BY MAYOR NADER, reading of the rex/was waived, passed
and approved unanimously.
9. RESOLUTION 16516 FUNDING PORTIONS OF CHULA VISTA THAT ARE EUGIBLE FOR
ENTERPRISE ZONE DESIGNATION AND AUTHORIZING STAFF TO PURSUE A STATE OF CALIFORNIA
ENTERPRISE ZONE DESIGNATION - The City's application will compete statewide for five Enterprize Zone
designations. If approved, the zone would offer state tax benefits to businesses expanding or locating within
the zone. Staff recommends approval of the resolution. (Director of Community Development)
10. RESOLUTION 16517 CONTRACT ENVIRONMENTAL SERVICES FOR ~SER SPA
AMENDMENTS WITH MARILYN PONSEGGI - To provide contractual services with Marilyn Ponseggi on this
project with costs reimbursed. Staff recommends approval of the resolution. (Director of Planning) Pulled
from ltle Consent Calendar.
City Manager Goss stated that due to the workload evidenced by the project as well as other workload -/
anticipated, a full time position would be created. It would not be funded by the General Fund but by
Minutes
February 25, 1992
Page 3
developers fees. The position of Environmental Manager would be recommended to Council during the
budget process.
Robert Loiter, Director of Planning, stated the permanent position would be responsible for coordinating
preparation of EIR and master plans on major developmental projects. Staff would like to recruit for this
position as soon as possible in order to expedite filling the position.
Councilman Rindone stated it would eliminate the need for interim consultants and allow the City to provide
the appropriate stuff on a more cost efficient basis. He felt the creation of the position was a pro-active
action and a win/win situation.
RESOLLrFION 16517 Ol.-lq~l~,D BY COUNCILMAN MALCOLM, reading of the text was waived, paa.~d and
approved unanimously.
ll.A. RESOLUTION 16518 APPROVINGFIRSTAMENDMENTTOAGPRF-MENTFORTHRTRLRGRAPH
CANYON SEWER BASIN PLAN BETWEEN THE CITY OF CHULA VISTA AND W.J~AN ASSOCIA1'F,S - To
comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between
the City and EastLake Development, the City entered into a contract with Willdan Associates for the
Telegraph Canyon Sewer Basin Improvement and Financing Plan on 8/7/90. In order to reflect the total
wastewater flow into the basin, it is necessary to amend the plan to incorporate pumped flows generated
by the EastLake and Salt Creek Ranch Developments. It is estimated that the consultant will provide the
additional services related to this amendment at a cost of $16,852. Staff recommends approval of the
resolutions. (Director of Public Works)
B. RESOLUTION 16519 APPROVINGFIRSTAMEND~TO'I~LRGRAPHCANYONBASINSRWER
MONITORING AND GRAVITY BASIN USAGE AGRRRMENT BE~ TH~ CITY OF O-IULA VISTA AND
EASTlAKE DEVELOPMENT COMPANY
12. RESOLUTION 16520 APPROVING FINAL MAP FOR RESUBDMSION OF LOTS 2, 3, 4, AND 5 OF
MAP 12747, UNIT 17 OF CHULA VISTA TRACT 88-3, MASTF..RS COLI.RCTION - On 11/13/90, Council
approved the final map and subdivision improvement agreement for EastLake Greens Unit 17, the Masters
Collection. Due to market constraints the developer proposes to further subdivide the property in order to
phase the development. The final map is now before Council for approval. Staff recommends approval of
the resolution. (Director of Public Works)
13. RESOLUTION 16521 APPROVING APPLICATION FOR AN URBAN ~ RF. STORATION
GRANT, ACKNOWI-Rr~GING 1'HAT APPROPRIATE ENVIRONMENTAL IMPACT STATEMENTS HAVE BEEN
PREPARED AND DESIGNATING THE CITY ENGINEER AS CONTRACT MANAGER AND FISCAL AGENT - On
1/31/92, staff submitted an application to the California Department of Water Resources for an Urban
Stream Restoration Grant along with letters of suppor~ from the Mayor and the Chamber of Commerce. If
the grant is approved, the City could receive a maximum of $200,000 in potential revenues. If approved,
the revenues will replace D1F funds already allocated for the Telegraph Canyon Road/Otay Lakes Road
project (between Apache Drive and Rutgers Avenue). Grant revenues must be applied towards the channel
revegetation portion of said project. Staff recommends approval of the resolution. (Director of Public
Works)
Minutes
February 25, 1992
Page 4
14. RESOLUTION 16506 APPROVINGANAGRF-F-MENTWITHFNPROJECTSTOPROVIDELOWAND
MODERATE INCOME HOUSING WITHIN SALT CRI~I~I( I - Condition No. 11 of the Tentative Map required
the applicant m reach an agreement with the City to devote 10% of the project units to low and moderate
income housing. The agreement provides for 2.5% low and 7.5% moderate income housing within the Salt
Creek I "Condominium Project Area". The developer will subsidize the low income units by depositing
$301,878.1S into an escrow account to be used by the City to assist approximately thirteen low income
purchases in Salt Creek I. Staff recommends approval of the resolution. (Director of Community
Development) Continued from meeting of 2/18/92.
Continued to the 3/3/92 Counc~ meeting.
15. REPORT FEASIBILITY OF ENA(;~NG A PARK DEVELOPMENT IMPACT FEE (I)IgJ
FOR APARTMENTS IN THE WESTERN PART OF THE CITY - At the 12/10/91 meeting Council directed staff
to return on 1/21/92 with a report and recommendations on the feasibility of charging a Park DIF for
apananents. For the 1/21/92 meeting, staff sent an information memorandum to the Council describing the
complexity of the research being performed in making a determination for recommendations to the Council
on this issue. This report will further discuss the status of staffs research, the continuing complexity of the
issues, and a need to establish a Parks and Recreation Master Plan for parks and recreation facilities City-
wide. Staff recommends acceptance of the report. (Director of Parks & Recreation) Continued from
meeting of 1/21/92. Pulled from the Consent Calendar.
Mayor Nader stated he supported the basle thrust of the staff report and the need for a study but expressed
concern that when master plans were done, they were more than what was needed to complete the major
objective. He wanted the study to be just what was needed to document what the appropriate fee would
be, not a 'cadillac" which would go beyond what was needed in order to justify the fee.
MEUC CNaderfMalcoim) to accept the report
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RI~IATED RESOLUT[ONS AND ORDINANcKq
16. PUBLIC I--IEARING GPA-91--04, PCZ-91-F, (2'iY-INITIATED PROPOSAL TO AMEND THE
GENERAL PLAN FROM *RESEARCH AND LIMITED MANUFACTURING* TO *RETAIL COMMER(~.L*, TO
AMEND THE MONTGOMERY SPECIFIC PLAN FROM *RESEARCH AND LIMrt-ldD INDU:~-rRIAL* AND
*OTHER* TO *MERCANTILE AND OFFICE COMMERCIAL,* AND TO REZONE FROM I-L-P TO C-C-P CERTAIN
THREE ACRE TERRITORY LOCATED SOLrrH OF PALOMAR STREET BETWEEN BROADWAY AND THE
METROPOHTAN TROI.I.RY DEVELOPMENT BOARD (MTDB) PALOMAR TROI.I.R'Y STATION -The City-
initiated General Plan Amendment, Montgomery Specific Plan Amendment, and fezone for three acres locate
on the southerly side of Palomar Street are required actions for implementation of an expanded 18.2 acre
Palomar Trolley Center commercial project pursuant to Council/Redevelopment Agency direction in August
1990. Staff recommends Council place the Ordinance on tirst reading and approve the resolutions. (Director
of Planning) Continued from meeting of 2/18/92.
~ RESOLUTION 16522 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
PALOMAR TROI J ,Ry CENTER PROjECT (EIR-91-02) SCHEDULE NUMBER 89032915 - Consideration of fmal
EIR for Palomar Commercial Center. (Related Item: not a Public Hearing)
B. RF~OLLrrlON 16523 AMENDING THE GENERAL PLAN ON CONDITIONS FOR THE PALOMAR
TROI.I.EY PROjECT AND ZONE CONSISTENCY SUBAREA B-3-A AND AMENDING ON CONDITIONS THE
Minutes
February ~S, ~992
Page 5
MONTGOMERY SPECIFIC PLAN MAKING CEQA FINDINGS AND ADOPTING A MITIGATION MONITORING
PROGRAM
C. ORDINANCE 2495 CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO C-C-P FOR 1'HE
SOUTHERN THREE ACRES OF THE PALOMAR TROI .1 .R'y CENTER PROJECT, AND MAKING FINDINGS TO
PERMIT APPLICATION OF THE "P MODIFIER; AND CHANGING THE ZONE ~ICATION FOR ZOI~NG
CONSISTENCY SUBAREA B-3-A FROM APAR~ RESIDENTIAL (R-3) TO APARTMENT RF, S~EN11AL
WITH A P-MODIFIEK, NOT MORE THAN TWENTY-TWO UNITS PER ACRE (R-3-P-22) [first reading)
Lance Abbott, Community Development Specialist, gave a brief background of the project. Council approval
of the resolutions and ordinance would bring three acres located on the southerly side of Palomar Street
between Broadway and Industrial Boulevard into compliance with the entire eighteen acre project.
John Bridges, Principal, Cotton Beland Associates Inc., prepared the EIR, reviewed the draft EIR process.
The EIR had been reviewed by the Southwest Project Area Committee, Montgomery Planning Committee,
and the Planning Commission. The Southwest Project Area Committee recommended that the Montgomery
Planning Committee approve the General Plan Amendment, Montgomery Specific Plan Amendment and zone
change. The Montgomery Planning Committee recommended that the final EIR not be certified due to
concerns regarding traffic issues and economic dislocation of existing businesses, and denial of the General
Plan Amendment, the Montgomery Specific Plan Amendment, and the zone change. The Planning
Commission recommended approval of the General Plan Amendment, the Montgomery Specific Plan
Amendment, and the zone change. The Planning Commission also certified the EIIL Specific impact areas
were then reviewed. He referred m page 5.5-2 of the EIR regarding several measures included to reduee
impacts upon fire service and identifying a criteria that was contained in the City's fire sprinkler ordinance
which required "fully automatic sprinkler systems to be provided on buildings only greater than 6,000 feet
in commercial areas". That language was not translated into the Mitigation Monitoring Table and he
recommended that the language be transferred to the Table in the Mitigation Monitoring Program. That
was the only the only change in language recommended.
Debbie Collins, Latterri Mclntyre and Associates, reviewed the history of the project and the expansion from
twelve acres to eighteen acres. The actions requested were City-initiated in order to meet the requirements
set by Council for an eighteen acre project. If the proposed changes were not approved by Council, Pacific
Scene would then have a vested interest which would allow them to develop the twelve acre project.
Council was being asked to approve three land use actions: 1) General Plan Amendment, 2) Montgomery
Specific Plan amendment, and 3) rezoning from liP to CCP and supplemental findings for a "P" Modifier.
Mayor Nader questioned why Pacific Scene had vested rights to develop the twelve acre parcel if the requests
were denied. It was his understanding that rights were not vested until construction began.
Mr. Abbott responded that it was a condition included in the Semi-exclusive Negotiation Agreement with
Pacific Scene.
Mayor Nader requested that in the future when a condition of this type was included in an agreement that
it be brought to Councirs attention.
City Attorney Boogaard stated it was part of the consideration granted to Pacific Scene in exchange for
deferring their development on the site. It had been brought to Council for approval in August 1990.
Mayor Nader expressed his concern that the minutes included from the Boards/Commissions/Committees
did not always include the B/C/C recommendations or designate the split votes, indicating those voting for
and/or against the motions. He requested that the City Manager make sure the minutes from the B/C/C
were complete and included in the agenda packets. Minutes should include discussion, recommendations,
and votes.
Minutes
February 25, 1992
Page 6
Mr. Abbott stated the RCC had reviewed the EIR but the vote was not unanimous.
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 16522, RESOLUTION 16523 O~'P-r, RED, AND ORDINANCE 2495 PLACED ON FIRST READING
BY COUNCILMAN MALCOLM, reading of the text was waived.
Mayor Nader stated he was in suppoff of the project but upset that all the Board/Commission/Committee
input was not included in the packet. Due to the lack of that information he was unsure of what their
recommendations had been. He had been informed by the applicant that they would agree to a one week
delay. If the Council did not agree to the delay, he would abstain from voting on the resolutions and
ordinance.
Councilman Moore expressed his concern regarding the traffic issues and requested assurance from staff that
Palomar would be full width from Industrial Boulevard to Broadway. He questioned whether tralley
equipment would have to be readjusted to accommodate the roadway expansion.
Mr. Abbott responded that the Mitigation Monitoring Program required the road widening from Industrial
all the way to Orange, six lanes.
AMF_.NDMF. NT TO ORDINANCE 2495: (Moore4tRindone) to add an additional condition which would ~tata:
"['he developer ~ COmmit tO a connection between Jayken Way and the development ff it is determined
by traffic studies that it is necessary for clrculatiorL The public street portion would end at the ~outh
property line of the development and be a minimum width of 36 feet of pavement to include 2 lanes, 2 bike
lanes, curb, gutten, sidewalks on one side. The method to secure the commlrInent shall be determined prior
to the City vacating any of the paper street across the development. The term of that restriction is to be
limited to two years after Center occupancy reaches 70% of square footage of floor area, at which time there
would be a survey taken to the satisfaction of the Redevelopment Agency noting that the vehicle traffic on
Palomar from Industrial Boulevard to Broadway meets the CiV/s flutesholds.*
Councilman Malcolm stated he would support the motion but a motion had been made in the past to study
the punching of Jayken Way through and staff had delineated why it was not necessary or advisable. In his
opinion, that report had already been done. He felt that if the City was serious about reducing traffic and
forcing people to use mass transit, staff should look at the reduction of parking. The development will be
adjacent to the Trolley and people should be encouraged to use mass transit.
City Attorney Boogaard stated that Councilman Moore had recommended a specific condition and that it
should be contained in the zoning ordinance, page 5, Sub-paragraph B, under Precise Guidelines.
VOTE ON AMENDMENT: approved unanimously.
City Attorney Boogaard recommended four technical changes: 1) Resolution 16523, Section 2, after the
words '....attached hereto as Exhibit B" add "Mitigation Measure No. 4 (Automatic Fire Sprinkler*, page 5.5-2
of the EIR~, 2) same language added under Section 5 of the Montgomery Specific Plan, page 4, after the
words ~.... Appendix B', 3) deletion of typographical error, page 4, last five lines were repeated, and 4)
Findings Clause be added immediately following Section 5, page 5, to read "the findings as set forth in
Exhibit B are adopted in their entirety as set forth in full ar this point'.
Councilman Malcolm stated he had offered the Resolutions and Ordinance as per the recommended changes
by the City Attorney.
VOTE ON RESOLUTION 16522, RESOLUTION 16523, AND ORDINANCE 2495, AS AMENDED: apprnved
4~0-Od with Mayor Nader abstaining.
Minutes
February 25, 1992
Page 7
17. PUBLIC HEARING CONCERNING THE COMPREHENSIVE HOUSING AFFORDABILFrY
STRATEGY - The National Affordable Housing Act of 1990 requires all jurisdictions applying for funding
assistance under most programs administered by HUD to submit a comprehensive Housing Affordability
Strategy. Staff recommends acceptance of the report and that Council open the Public Hearing and take
public comment regarding the City's Draft Comprehensive Housing Affordability Strategy, (Director of
Community Development) STAFF RECOMMENDS THAT THE PUBLIC HEARING BE OPENED AND
CONT[~ TO THE COUNCIL lVIEETING ON 3/3/92
REPORT DF. SCRIBING THE COMPREHENSIVE HOUSING AFFORDABilITY STRA'[EGY
This being the time and place as advertised the public hearing was declared open.
MSUC (Nader/Moore) to continue the public heating to the 3/3/92 Council meeting.
18. PUBLIC HEARiNG CONDITIONAL USE PERMIT PCC-91-24; APPEAL OF PLANNING
COMMISSION APPROVAL OF REQUEST TO REDEVELOP SERVICE STATION AND ADD MINI-MARKET AND
CAR WASH AT 1498 MPJ-ROSE AVENUE - The application, submitted by Texaco Refining and Marketing,
Inc., requests permission to redevelop the service station at 1498 Melrose Avenue with new facilities,
including new dispenser islands and canopy, 1,800 square foot mini-market/cashier building, and 750 square
foot mechanical ear wash. The permit was approved by the Planning Commission on 1/8/92 and has been
appealed by Council. A plot plan and legal description is on file in the Planning Department. (Director of
Planning) STAFF RECOMMENDS THAT THE PUBLIC HEARING BE OPENED AND CONTINUED TO 3/24/92
IN ORDER TO ADDRESS THE CONCERNS RAISED BY THE SURROUNDING RESIDENTS AND BUSINESS
OWNERS.
This being the time and place as advertised, the public hearing was declared open.
MSUC (Nader/Moore) to continue the public hearing to the 3/24/91 Council meeting.
Councilman Moore questioned whether staff had reviewed the position of the driveways on Orange Avenue
and Melrose as it pertained to fight turn/left turn. The two driveways closest to the northwest comer of
Melrose and Orange probably would not be allowed in today's design and requested that staff look at this
prior to the public heating.
19. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITYDI~-iRICT
NUMBER 121 ON *F' STREET BETWEEN CHURCH AVENUE AND APPROXIMATELY 100 FEET EAST OF
SECOND AVENUE - On 1/28/92, by Resolution No. 16482, Council ordered a public hearing to be held on
2/25/92 to determine whether the public health, safety, or general welfare require the formation of an
Underground Utility District on 'F" Street between Church Avenue and approximately 100 feet east of Second
Avenue. Staff recommends that the Public Hearing be conducted and approval of the resolution forming
the district and authorizing the use of $9,450 of SDG&E allocation funds to subsidize 10 single-family
residential service lateral conversions. (Director of Public Works)
RESOLUTION 16524 ESTABLISHING UNDERGROUND UTILITY DI:~fRICT NUMBER 121 ON
STREET BETWEEN CHURCH AVENUE AND APPROXIMATELY 100 FEET F_~ST OF SECOND AVENUE AND
AUTHORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE IO SINGLF~FAMILY
RESIDENTIAL SERVICE LATERAL CONVERSIONS
Councilwoman Grasser Horton stated her office was located on 'F' Street, therefore she would abstain from
participation and voting.
Minutes
February 25, 1992
Page 8
John Lippitt, Public Works Director, gave a brief background of the project. The Resolution would allow
reimbursement for trenching for single family residences, i.e. $30 per foot. However, the connection at the
meter would be the responsibility of the property owner.
This being the time and place as advertised, the public hearing was declared open.
Robert Johnson, 205 "F" Street, Chula Vista, CA, stated he owned 8 units on two parcels and felt the waiver
to single family residences was unfair. He was unaware of what his costs would be and felt he would have
to pass those costs on to his renters, many of which were senior citizens.
Mr. Lippitt informed Council that only 2-3 years ago the City did not reimburse anyone causing hardship
cases. It was felt that rental units were businesses and therefore the program was for single family
residences. It was not staffs intent that 30-40 unit complexes receive a subsidy. Council may want to
reconsider a change in the policy which would allow smaller apartment complexes.
Mayor Nader felt that the affordability of the rental housing within a specific area should be reviewed for
a possible criteria for whether it should be considered for a subsidy similar to single family housing.
Councilman Malcolm stated he could appreciate Mr. Johnson's concern but felt the small businesses along
"F" Street could also use the subsidy. The City would be spending hundreds of thousands of dollars to
underground those improvement which would add value to the properly.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 16524 OFFERED BY COUNCILMAN MOORE, reading of the text was waived. Staff is to advise
Bar. Johnson and the Council of his costs.
Mayor Nader questioned when the project would be underway and if there would be sufficient funds
available to cover a subsidy to the apartments in the area.
Mr. Lippitt responded that the actual ready date was 10/92 with construction from 10/92 to 5/93. He felt
there would be sufficient funding available but staff would have to come back with estimates and impacts
upon other programs.
AMENDMF2qT TO MOTION: (Nader) staff to return to Council in three weeks with a report on estimates for
providing a subsidy for rental units, similar to that for single f~rn~y detached units. Motion died for lack
of second.
VOTE ON MOTION: approved 3-1-0-1 with Mayor Nader voting no and Cotmcilwornsn Grasser Hor~n
abstaining.
MS (Moore/Nadar) direct staff to bring back information within 30 days regarding the pro's and con's of
multiple-fam~y subsidy.
Councilman Malcolm felt the small business owner should also be included and that the entire policy should
be reviewed.
AMENDMENT TO MOTION: (Maleolm/Nader) to include the entire policy for review by staff.
Mayor Nader questioned whether the motion would substantially increase the amount of time it would take
staff to come back to Council with a report.
Mr. Lippitt responded it would.
Minutes
February ~5, 1992
Page 9
AMENDMENT TO MOTION WITHDRAWN: (Malcolm)
VOTE ON MOTION: failed 1-3-0-1 with Councilmembers Malcolm, Moore, Rindone voting no and
Councilwoman Grasser Hotton abstaining.
ORAL COMMUNICATIONS
a. Mary Jean Hopper, 288 "F" Street, Congregational Towers, felt there was a serious problem with the
traffic signal at 3rd and "F" Streets. She requested that the timing be adjusted in order to allow sufficient
time for the seniors to get across the street. She further requested that all four comers be posted with
turn on red" signs.
MS CMidcolm/Nader) to refer Ms. Hoppers request m staff and the Safety Commition.
Councilman Moore requested that staff also look at diagonal walks and all red stops.
City Manager Goss stated another alternative could be a signal post in the center of the medians which
would allow pedestrians to cross the street in segments.
VOTE ON MOTION: approved 40-1 with Counc~woman Grasser Hotton absent.
ACTION
20.A. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS
B. REPORT StIPPLEMENTAL REPORT FROM THE UI'IY ATFORNEY TO ACCOMPANY
THE CHARTER REVIEW COMMISSION'S REPORT RRIATING TO RUN-OFF RI.!~-CTIONS, AND CERTAIN
OTHF,,R MA'I't P.3S
C. RESOLUTION 16S2S C~IJ-ING AND GMNG NOTICE OF THE HOLDING OF A SPF.(]AL
MUNICIPAL EIJ:-CTION AND REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO
CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION TO BE I-~l .n ON TUESDAY, JUNE 2, 1992, FOR THE
PURPOSE OF SUBMITtING TO THE VOTF. Y~ AN ADVISORY Q~ON REGARDING THE BI-NATIONAL
AIRPORT AND A CHARTF_P, AMENDMENT REGARDING RUN-OFF RIY..CTIONS, AND APPROPRIATING
FUNDS THEREFOR - 4/5th's vote required.
City Attorney Boogaard complimented the Charter Review Commission on the work they had done over the
past one and one-half years. He requested that Council defer action on the various recommendations on
other Charter amendments other than the run-off election, due to the complexity of the run-off issue. He
then handed out a "Run-off Issue - Concerns and Alternatives" check list to Counc~ and reviewed the
concerns and alternatives as outlined.
Councilman Rindone stated he was not in agreement with the staff analysis of term extensions and requested
clarification by the City Attorney.
City Atromey Boogaard responded it was a semantical difference. The Chatter Review Commission used the
concept of a term as something of a flexible period of time that started when a person took office and ended
when a successor was qualified to take that seat. It was usually a nominal period of four years but could
be expanded and contracted based on a successor properly qualifying. A mail ballot would result in the
addition of 2-3 months being added to the existing office holders term and the contraction of 2-3 months
to the successors term.
Minutes
February 25, 1992
Page 10
Councilman Malcolm stated that was how the election was handled when he and Councilman Moore had
been elected in 1982. He felt the major question was whether or not the Council wanted to have a run-off
election in 1992 if a candidate did not receive 50% of the votes. If not, Council could then address the 1994
election.
Councilman Rindone felt that was the first issue to discuss, times had changed and maybe it was time to
let the citizens revisit this issue. There were many factors to consider, i.e. when it should be implemented,
costs, term extensions, and concern of utilization of mail ballots versus polling places.
Councilman Malcolm stated the election issue came up as a Council/Charter Review recommendation which
changed from having to get 50% to largest number of votes. The second time it was advisory only with the
Council/Charter Review Commission opposing it. He felt the electorate was smart enough to decide which
was the best for the City. He would not be opposed to two Charter amendments, i.e. 1992 or 1994.
Councilman Moore stated that if the election was in June with the run-off in November, it would allow the
successors time to 'catch up" on the City issues, procedures, etc. if not seated until December. Council terms
could not be reduced legally.
Mayor Nader suggested that if the City went to a run-off election it should be done in 1994. To take effect
this year it would require a City-only election at a cost of $70,000 - $100,000. If a run-off was approved,
it would cause an increase in the campaign costs to the candidates, which would necessitate changes in the
City's campaign and election ordinances. If a run-off was started in 1994, the primary and run-off could be
held at a consolidated election which would result in a higher voter turn-out. He strongly felt the City could
use a preferential voting system and at the very least it should be on the ballot so the voters could decide.
The only argument he had heard in opposition to the preferential system, designation of first and second
choices, was that it was confusing. There was nothing prohibiting the Council from putting on alternative
charter amendments on the ballot and letting the voters decide.
MC (Malcolm/Moore) Council tty to reach agreement on a run-off election in 1992.
Mayor Nader restated the motion as "put an amendment on the ballot that would initiate run-offs in 1992".
City Attorney Boogaard felt Councilman Malcolm's motion was a consensus building effort and recommended
that the motion be phrased "resolve to have run-off elections effective in 1992" with the actual amendment
being structured later.
Councilman Rindone felt Council needed to look at the whole picture rather than isolating one view. Due
to a combination of factors, he would support 1994. If this had come before Council in a more timely
manner he felt Council would have supported run-offs in 1992. This was another example of planning
before processing.
City Attorney Boogaard stated he had reversed his recommendation regarding less than 100% signature
verification of mail-in ballots due to what had been perceived as citizen distrust in mail-in ballots. He would
now recommend 100% signature verification of all mail-in ballots.
Councilman Malcolm felt the real question was whether the people should be given the right to make a
decision for 1992. $70,000 was a small price to pay to keep the integrity in the democratic process. The
City was getting too big and issues were split 3-2, and if voters did not want to spend $70,000 they could
turn it down.
VOTE ON MOTION: resolve to have a nan-off election system on the Novamber 1992 ballot. Motion failed
2-3 with Counci]memben Grasser Horton and Rindone and Mayor Nader voting no.
MS (Malcolm/Moore) resolve to have a run-off election system on the November 1994 ballot.
Minutes
February 25, 1992
Page 11
AMENDMENT TO MOTION: (Nader/Grasser Horton) m put on the ballot an amendment which would ~art
preferential voting in 1994 and let the people choose between the two options.
Councilman Moore questioned if there were any other cities in the U.S. that utilized preferential voting.
Mayor Nader responded that there were no other cities utilizing preferential voting that he was aware of but
did not feel that innovation was a dirty word.
VOTE ON AMENDIVlF2qT: failed 2-3 with Councilmembers Malcolm, Moore, and Rindone voting no.
VOTE ON MOTION: approved 4-1 with Mayor Nader voting no.
MSUC (Malcolm/Rindone) June/November dection and rim-off.
MS (Malcolm/Moore) put before voters ~ majority of votes received.
Mayor Nader liked the City Attomey's suggestion that 40% would be adequate, only if there was at least a
5% margin between first and second place. If someone had 45% and the second person had 18%, a m-off
could be avoided.
Councilman Malcolm felt he could agree with the suggestion but felt the 5% was to small a margin.
SUBSITI'L/TE MOTION: (Nader) either over 50% or over 40% with a 15% m~rgin over second place.
Councilwoman Grasser Horton felt cost was a consideration and that 40% with a 5% margin was fair.
Councilman Malcolm expressed his concern that 5% would be an unfair advantage for the incumbent.
Counc~man Rindone felt that 50% was understandable by the public and that Council was taking the fight
direction by going with a run-off in 1994.
Councilman Moore stated that if this was being done for the public, and not the office, the common outlook
should be what the public perception was regarding majority vote, costs, mail-in ballots, etc.
Mayor Nader felt a provision of 15% was needed as this item had been on the ballot before and the primary
reason it had been turned down was due to costs. It was more acceptable if the voters understood that a
run-off election would not be necessary if there was a significant margin between candidates.
VOTE ON SUBS1TIVI'E MOTION: failed 2~3 with Councilmembers Malcolm, Moore, end Rindone voting
no.
VOTE ON MOTION: appreved unanimously.
City Attorney Boogaard informed Council that his office would need one week to bring back an amended
Resolution for Council approval. He requested clarification on Item 3 Technical Changes and Significant
Issues. There were six issues brought forth by the Charter Review Commission other than the run-off issue.
He recommended that the Charter Review Commission report be deferred until some time between now and
November. He then reviewed the technical issues associated with the run-off election.
MS (Rindone/Malcolm) to bring back the six other Charter amendments back for CouncR consideration on
the November bal~oL
Councilman Moore stated there were a lot of questions still to be answered and requested that the City
Manager schedule review for a light agenda in which all five Councilmembers would be present.
Minutes
February 25, 1992
Page 12
VOTI~ ON MOTION: approved unanimously.
MS (Nader/Moore) to support the City Attorney's recommendation on the run-off declion issues as oufi/ned
in the Run-Off Fleaion Issues (Jxecklist and Outline, except for the dean up language of Section 900.
City Artoruey Boogaard informed Council that if the airport issue was not going to be on the June ballot,
Council would then not need to have the Charter amendments on the June ballot and therefore would not
incur extra costs.
Councilman Rindone stated there was some belief that after the June election in the City of San Diego that
the TwinPorts issue could possibly kill itself. He did not feel that the City Attorney was suggesting that the
TwinPorts issue be removed, but by allowing the City an additional six months the City would better know
the status at that time.
Councfiman Moore felt there was an altemate if the County placed TwinPorts on the ballot in June the City
could assist in the funding for a county-wide vote.
Councilman Malcolm stated the Council had given direction to place TwinPorts on the ballot in June and
no staff members could change it.
Mayor Nader stated he could not guarantee that TwinPorts would desttuct by June but felt there was a
growing indication that Mexico was increasingly inclined to say no because of TwinPorts complete
inconsistency with the improvements at Rodriguez Field. He did not feel it was the City Attorney's intent
to try to overrule the Council's decision, but make them aware of the option.
City Councfiman Malcolm stated the TwinPorts issue was the most abused issue by elected official on both
sides. He did not feel it would self-destruct in June.
Councilman Moore believed the FAA would continue to fund the study and that the issue was whether or
not the Council wanted the airport on the June ballot at a cost of approximately $22,000.
Councfiman Rindone felt that if the TwinPorts and run-off election issues were on the June ballot, and if
the n-off election was approved at that time, clarifying provisions could then be presented at the November
election with two years to implement.
SUI~-II'I LrI'E MOTION: (Malcolm/Moore) to include only two issues on the ballot:. 1) should the City of
Chula Vista oppose the TwinPorts proposal, and 2) should the City of Chula Vista have run-off declions.
Technical dean-up issues would be on the November ballot, to take effect June 1994.
City Attorney Boogaard stated that specific language was necessary in the Resolution. Staff would bring this
to Council in one week without the Withdrawal language Council found offensive.
VOTE ON SUBSTITUTE MOTION: approved unanimously.
Mayor Nader stated the proponents of TwinPorts had said they were not spending money on building
TwinPorts but were studying it. He favored the following ballot language: "Do you favor further expenditure
of tax money to study or consn'uct a hi-national airport on the border?.
City Attorney Boogaard stated he would bring back revised language next week for Council review.
Councfiman Rindone stated he could not support the change as it slanted the question. He felt the proposed
language in 20C-3 was clean and clear. If it was defeated there would be clear documentation to present
to the Mexican Government.
Minutes
February 25, 1992
Page 13
Councilman Malcolm stated he would like to see Otay Mesa inserted in the language.
RESOLUT[ON 16525 DF/ERRED TO THE COUN(IL MEETING OF 3/3/92.
21. REPORT RESPONSE TO THE PROPOSED LISTING OF THE CALIFORNIA
GNATCATCHER AS AN ENDANGERED SPECIES BY THE UNITED STATES FISH AND WILDLIFE SERVI{~ -
On 9/17/91, the U.S. Fish & Wildlife Service proposed the listing of the California Gnatcatcher as an
endangered species. On 2/27/92, the Service will be conducting a Public Hearing in San Diego on this
proposed listing. Staff recommends acceptance of the report and authorize a letter be sent to the U.S. Fish
& Wildlife Service presenting Chula Vista's position on the proposed listing of the California Gnatcatcher as
an endangered species. (Director of Planning)
MSUC (Malcolm//Rindone) to accept the staff report.
22, REPORT EVALUATINGTHEHYDROLOGICANDHYDRADLICCHARAt,-tF, R1S'flCSOF
THE STORM CONVEYANCE SY~"FEM WITHIN THE DOWI~ISTREAM SECTION OF THE (Z~a'CI'RAL DRAINAGE
BASIN AND OUTLINING VARIOUS MITIGATION ALTERNATIVES - The downstream portion of the Central
Drainage Basin between "G" and "H" Streets, west of Broadway, experienced flooding problems during late
afternoon and evening on 2/6/92. The drainage facilities downstream of the apartment complex located
at 616 "G" Street are inadequate. This report outlines various mitigation measures that directly deal with
the deficiencies in the drainage system. Staff recommends acceptance of the report and direction to prepare
a CIP submittal based on the report's conclusion. (Director of Public Works)
MS (Rindone/Nadex) to accept staff Alternative #2 - CIP project which would handle ex~ flow for a
50 year flood.
Councilman Malcolm stated it was his understanding that this would be brought back during budget
hearings and would compete against other projects.
Councilman Moore questioned why staff had not considered cost sharing with the property owners.
John Lippitt, Director of Public Works, stated staff felt the property owners had the choice of building a wall
to protect their property but it would not solve the problem of the downstream area.
Councilman Moore felt the costs should be shared between the Cky and the property owners. Taxpayers
should not have to pay 100% of the costs without the property owners sharing the burden. There should
be a Council policy developed addressing the issue.
Mayor Nader requested that when the item was brought back during the CIP budget process that staff
include: 1) detail of the flooding history in the area, and 2) frequency of flooding in what period of time,
It should include the apartments and other properties that had flooded.
Councilman Malcolm felt it should be discussed during the CIP budget process and questioned whether those
property owners wishing to share the costs could be moved up in prioriN.
VOTE ON MOTION: approved unanimously.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
Minutes
February 25, 1992
Page 14
ITEMS pUI.TF.F) FROM THE CONSENT CAT.RNDAR
Items pulled 8, 10, and 15. The minutes will reflect the published agenda order.
OTHER BUSINESS
23. GI'tY MANAGER'S REPORTfS)
a. Scheduling of meetings. A City Council Meeting/Workshop would be held on 2/27/92. The GIS
system would be discussed and a joint meeting would be held at 5:00 p.m. with the Council and Safety
Commission.
24. MAYOR'S REPORT(S)
a. Expressed concern regarding the quality of minutes included in the Council agenda packets. As part
of the budget process he would like a cost analysis of having a professional Board/Commission secretary
versus the cost of the current system, i.e. overtime hours allotted to each Board/Commission.
25. COUNCIL COMMENTS
Councilman Moore:
a. ORDINANCE 2496 ADOPTING THE SAN DIEGO DIVISION OF THE LEAGUE OF CALIFORNIA
ta-rlF, S GilAgEl rl ORDINANCE (first reading3 - The San Diego Division of the League of California Cities
appointed a task force to deal with the problems of graffiti throughout San Diego County. The City of Chula
Vista's City Attorney, in conjunction with the San Diego County City Attorney's Association, developed a
model graffiti ordinance. At the same time, the League Task Force developed an anti-graffiti program. The
San Diego Division has requested that all cities adopt both the model ordinance and the anti-graffiti
program.
RESOLUTION 16526 ADOPTING THE SAN DIEGO DMSION OF THE LEAGUE OF CALIFORNIA
CrlIES ANTI-GRAFFITI PROGRAM
ORDINANCE 2496 pLAcE. n ON FIRST READING, RESOLLrrION 16526 OFFERED BY COUNCILMAN
MALCOLM, reading of the texts was waived.
Mayor Nader stated he was not in 100% agreement with some of the provisions but they had been previously
adopted by a majority of the Counc~. It had been a commendable effort and he hoped that all jurisdictions
would adopt all or part of the ordinance and program.
VOTE ON MOTION: approved unanimously.
Councilman Malcolm:
b. Filling of vacancy on Interjurisdictional Task Force - Otay Ranch.
There was currently a vacancy on the Task Force from the City of Chula Vista. He wanted to see the notice
of vacancy posted, as per the City's requirements, then decide who the Council wanted to nominate or
appoint depending upon who had the appointing authority. Supervisor Bilbray felt the appointment was
the authority of the Board of Supervisors, he felt the appointment was the authority of the City Council.
Minutes
February25, 1992
Page 15
MS (Malcolm/Rindone) to notice the vacancy on the Interjurisdictional Task Force as per City regulations,
accept applications, and set a date for Council deliberation,
Mayor Nader stated he had also researched the issue of appointment and it showed that the agreement
adopted by the Council indicated that the vacancy would be appointed by the Board of Supervisors. After
conferring with Supervisor Bilbray, he had agreed to work with the Mayor on a recommendation. He
questioned whether the Council wanted to delay the process by interviewing potential appointees.
Councilman Malcolm felt the filling of the position without posting the vacancy would be improper.
Councilman Rindone felt the motion was appropriate. The community needed to be well served as this was
a critical Task Force. He had been informed that the resignation had been turned in three to four months
ago and was appalled that it was just now coming before the Council. The noticing end deliberations should
be done in a timely manner.
AMENDMENT TO MOTION: CMalcolm/Rindone) request the County Board of Super~sors to consider a~
amendment to the agreement which would allow the City of Chula Ytsta to make the appointment
Mayor Nader stared the Task Force was not a City board/commission, therefore residency would not be a
legal requirement for application.
VOTE ON MOTION AS AMENDED: approved unanimously.
Councilman Rindone:
c. Requested that staff note the incorrect information presented by the contractor in Item 7 on the
agenda. If the firm was considered in the future, staff should ensure that they meet all the standards end
expectations of the City.
ADJOURNMENT
Council trailed the Closed Session and convened the RDA meeting at 9:34 p.m. and adjourned at 10:30 p.m.
The City Council met in a closed session at 10:30 p.m. to discuss:
Appointment of Department Head pursuant to Government Code Section 54957.
Potential litigation pursuant to Government Code Section 54956.9 - Claim of Amador Caraloha, Jose
Cardona and Aureliano Tenorio
ADJOURNMENT AT 10:35 P.M. to the City Counc~/Worksession on Thursday, February 27, 1992 in the City
Council Conference Room end then to the Regular Council meeting on March 3, 1992 at 4:00 p.m. in the
City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
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