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HomeMy WebLinkAboutcc min 1992/03/24 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, March 24, 1992 Council Chambers 6:14 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Grasser Harton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF .ATJ-~.GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: March 3, 1992 MSUC (Moore/Rindone) to approve the minutes of March 3, 1992 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the month of April 1992 as "EARTHQUAKE PREPAREDNESS MONTI-P. The California Earthquake Preparedness Month campaign has been conducted state-wide each April since 1985, commemorating the Great San Francisco Earthquake of April 18, 1906. In 1991, the City of Chula Vista initiated its own Disaster Preparedness Program, which includes Public Awareness and Earthquake Preparedness Programs, coordinated by the City's Disaster Preparedness Specialist. The proclamation was presented by Mayor Pro Tempore Malcolm to Robert Nelson, Disaster Preparedness Specialist. CONSENT CALENDAR (Items pulled: 5b, 5c, 5e, 6A, and 11) BALANCE OF THE CONSENT CALENDAR OFFFRED BY COUNCILMAN MOORE, reading of the tex~ was waived, passed and approved unanimously. S. WRIt-rF~I COMMUNICATIONS: a. Letter requesting assistance in the purchase of Bayscene Mobile Home Park by the realdent~ John Grinder, Residents Committee Chairman, 100 Woodlawn Avenue #1, Chula Vista, CA 91910. This item was the subject of discussion under Oral Communications at the 3/17/92 meeting, at which time it was referred to staff for review. Therefore, no action is needed at this time. b. Letter requesting removal of wees, suitable wee replacement, and sidewalk replacement on the 00 block of Center Street, Jack T. Wilson, 57 Center S~reet, Chula Vista, CA 91910. It is recommended that the orchid n'ees not be replaced, and that Mr. Wilson be so notified. PuLled from Consent Calendar Councilman Moore stated he had visited Mr. Wfison and that the area around the trees had been filled in with rock which made it exttemely difficult to clean out the fallen leaves and debris. He did not have a problem in allowing Mr. Wilson to remove the trees and replace them with acceptable trees at his own expense. Minutes March 24, 1992 Page 2 MS (Malcolm/Moore) to allow Mr. Wilson to remove the trees provided they were replaced with approved trees (as per City code), at the owners expense. Dave Byers, Assistant Public Works Operations Director, requested clarification as to whether Mr. Wilson removed the trees or the City removed the trees and Mr. Wilson reimburse the City. He stated the easiest way for the property owner would be to have the City remove them. He informed Council that due to the size of the trees they would have to be destroyed. Councilman Malcolm responded that the City should remove the trees and Mr. Wilson reimburse the City. Councilman Malcolm stated he would include that in his motion. Mayor Nader felt it could be a moot point as the fee may be to high for the property owner. He was not comfortable that he knew all the implications and was not sure the staff recommendation was based on thought out policy or the established 1971 policy. He questioned whether staff needed more time to review the request. Mr. Byers responded that staff did not need additional time, this was only one instance and that the City would receive numerous other requests in the future. Councilman Malcolm referred to the policy that allowed property owners to remove trees and replace with approved trees, at their cost, in the newly developed subdivisions. His motion allowed Mr. Wilson to do what was allowed in other areas of the City. John Lippitt, Director of Public Works, stated that in many of the older areas of town, trees were planted before there were adopted standards. In new areas of town, he did not believe there was a policy that allowed the property owner to remove and replace the trees. SUBb-rriUTE MOTION: (Nader/Malcolm) refer to stafffor report back on existing policy regarding propeny owners removing trees, the precedent that would be set if approved, costs for removal, whether the policy is different in separate parts of the City and why. Councilman Moore stated that only 43% of the trees on the street were in conformance at the present time and he could not support the substitute motion. VOTE ON MOT[ON: approved 4-1 with Councilman Moore voting no. c. Letter regarding a proposed San Diego Regional Horse Park - E. Allan Buck, 1662 Loma Lane, Chula Vista, CA 91911. It is recommended that Mr. Buck's letter be received and filed, and that staff contact him regarding the Otay l~iver Valley Planning process. Pulled from the Consent Calendar. The item had been pulled from the Consent Calendar by Mr. Buck who was not in attendance when called to the podium. MSUC ~Kindone/Moore) to approve staff recommendation. d. Lettar regarding replacement for Planning Cornmi~sioner Robert Tugenberg - Susan J. Fuller, Planning Commission Chairman. It is recommended that Ms. Fuller's letter be acknowledged, and that Council take this request into consideration when filling this vacancy. e. Letter requesting reconsideration of Counc~ decision to resu-ipe L Street between Fourth and Fifth Street -Jim Hinton, Minister, Chula Vista Church of Christ, 482 L Street, Chula Vista, CA 91911; Ralph W. Graves, Principal, Southwestern Christian School, 482 L Street, Chnla Vista, CA 91911. It is recommended that the letter be acknowledged and that no further action be taken. Pulled from the Consent Calendar. Minutes March 24, 1992 Page 3 James Hinton, 470 "L" Street, Chula Vista, Ca, representing Church of Christ, stated they owned property at 470 and 482 'L' Street on which were a church and school, He stated that the facilities were utilized six days a week with most of the traffic traveling to the proper'ty from the east, With the proposed striping, traffic would have to take an alternate route which would result in heavy traffic on Westby, He requested that Council reeonslder their previous action, Councilman Rindone stated the issue had been discussed extensively and that Council was scheduled to review the traffic pauerns, etc, in six months, He would agree to moving the review period to 90 days, MS 0~indone/Nader) staff report back to Counc~ at the first meeting in July with an assetsanoint of the traffic patterns and a comparison in number of accident~ in that 90 days to the same 90 day period one year ago. Councilman Malcolm questioned why it could not be done the other way, i.e. leave the ends open for left turn lanes with a review the first week of July. If it was found that it did not work then the entire street could be resttiped. Mayor Nader questioned whether it would be illegal to make U-turns if the street was partially striped. Clifford Swanson, City Engineer, responded that the sweet would be striped with "double-double" lines which would make U-turns illegal. Councilman Rindone stated the comments from staff the previous week regarding the traffic stopping mid- block convinced him to vote for the striping of the entire street. It dealt with two sets of double lines on only a portion of the street would create new safety conditions. Mr. Swanson responded that it was still a valid concern. Mayor Nader expressed his concern that by not striping the entire street it would encourage illegal U-turns around the partial yellow striping. He had cast his vote lest week in ignorance of the problem of the private school and was inclined to support Councilman Malcolm's solution with the report to come back in a limited period of time. If it was found that the partial striping was encouraging traffic hazards he would then support Council's original action. MOTION I~TI'HDRAWN: 0tindone4t/qader) Councilman Malcolm questioned whether staff preferred to have both ends left open or just the westerly end. Mr. Swanson responded that staff preferred that the westerly end be left open. MSUC (Malcolm/Nadar) to leave the westerly end open with a report back to $taff in six months. 6.A. ORDINANCE 2498 AMF_2qDING CHAPTER 3.48 OF THE MUNICIPAL CODE TO AUTHORIZE ISSUANCE OF RED~PMENT BONDS TO FINANCE OR REFINANCE INDUSTRIAL, COMMERCIAL, OR ~ PRO JECI~ LOCATED WITHIN OR WITHOUT THE talY UPON A FINDING OF BENEFIT TO THE CITY (first reading} - San Diego Gas and Electric (SDG&E) has requested City assistance in financing or re~nancing certain gas and electric generation, transmission and distribution facilities located outside the City as well as within the City. Chapter 3.48 of the Municipal Code does not currently authorize the City to issue revenue bonds to finance or retinanee projects outside the City. Staff recommends Council place ordinance on first reading and approve the resolution. (City Attorney and Director of Finance) Pulled from the Consent Cahmdar. Minutes March 24, 1992 Page 4 B. RESOLUTION 16546 DECLARING INTENT TO MAKE PROCR-~nS OF FUTORE REVENUE BONDS AVAILABLE TO SAN DIEGO GAS AND RI~-t.'IRIC (SDG&E) FOR RIi~.CTRICAL FACILITIES City Attorney Boogaard stated that he did not see a legal risk to the City in as much as it was the Cit~/s plan to seek validation of the issue before any liability was incurred. The City also requested a full indemnity and the City of San Diego had agreed to that request. The City of San Diego was investing millions of dollars in this type of f'mancing for SDG&E and by Chula Vista's participation it would create a bigger market for SDG&E to have issuances. Rate payers throughout the county would benefit. ORDINANCE 2498 PLAff-n ON FIlLST READING AND RESOLLrHON 16546 OFFFRED BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved unanimously. 7. RESOLUTION 16547 AMENDING FISCAL YEAR 1991-92 BDIX]ET TO ADD A TEMPORARY POSYlION IN UNCLASSIFIED SERVICE IN THE ENVIRONMENTAL MANAGEMENT UNIT AND APPROPRIAT[NG FUNDS THEREFORE - On 2/4/92, Council approved a mandatory recycling ordinance. The proposed Recycling Education Project will assist in fostering greater awareness of recycling in school children, and ultimately increase participation in the City recycling program. Staff recommends approval of the resolution. (Administration) 4/Sth's vote required. 8. RESOLUTION 16548 AUTHORIZING EXPENDITURE FROM THE CrlY COUNCIL CONTINGENCY ACCOUNT TO PROVIDE FINANCIAL ASSISTANCE TO NEW RENAISSANCE TO PART[CIPATE IN NATIONAL EVENTS WAIKIKI FESTIVAL IN HONOLULU, HAWAII - On 3/17/92, Council directed staff to return with a resolution authorizing the expenditure of $500 from the City Council contingency account to provide financial assistance to New Renaissance to participate in National Event's Waikiki Festival. Staff recommends approval of the resolution. (Deputy City Manager Thomson) 9. RESOLUTION 16549 ACCI~TING BH)S AND AWARDING CONTRACT TO TRASIG CORPORATION FOR INSTAI JATION OF BICYCLE DETECTION LOOPS AT VARIOUS TRAFFIC SIGNAL LOCATIONS IN THE u-ti - In fiscal year 1990-91, the Board of Directors of the San Diego Association of Governments (SANDAG), allocated Transportation Development Act (TDA) funds to the City for the installation of bicycle detection loops at various signalized intersections in the City. A low bid of $92,205 was received from Trasig Corp. This low bid is below the Engineer's estimate of $113,000. Staff recommends approval of the resolution. (Director of Public Works) 10.k RESOLUTION 16550 APPROVING AN AGBRRMENT ~ SF1RIJ. OIL COMPANY FOR CONTRIBUTION TO ROAD IMPROVEMENT COSTS ON BONITA GLEN DRIVE, ALrrHORIZING THE MAYOR TO EXECUTE SAID AGBRRMENT - On 3/4/92, The Director of Public Works received sealed bids for the placement of Portland Cement Concrete on Bonita Glen Drive at Bonita Road in the City. The resolution will approve the agreement with Shell oil Company and award the contract for work on Bonita Glen Drive. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 16551 ACCEPTING BIDS AND AWARDING CON'I]~CT FOR THE PLACEMENT OF PORTLAND CEMENT CONCRETE ON BONITA GLEN DRIVE AT BON1TA ROAD 11. RESOLUTION 16552 SUPPORTING A SPECIAL ACT DISTRICT FOR THE OWNERSHIP, MANAGEMENT AND OPERATION OF THE f3.~AN WATER PROGRAM (SEWER TREATMENT AND WATER RECLAMATION} FOR THE GREATER SAN DIEGO AREA - On 1/8/91, Council approved giving conditional approval to formation of a Special Act District (SAD) for Operation of the Clean Water Program. The two conditions that Chula Vista wanted included in the bill was: 1) that the act be amended to provide that an Minutes March 24, 1992 Page 5 agency could withdraw from the District without penalty if done so within one year from formation, or until major district-wide funding obligations are made for constructing regional facilities; and 2) that the City of San Diego assumes all continuing obligations, or the cost thereof, contained in the Sewage Disposal Agreement of 1960 between City of San Diego and City of Chula Vista, to build the original Metro I sewer capacity. The current act includes these provisions. Staff recommends approval of the resolution supporting SB 1225. (Director of Public Works) Pulled from the Consent Calendar. Councilman Rindone requested additional assurances regarding the advantages and disadvantages of opposing SAD and noted that the City of El Cajon had chosen not to participate. He wanted to offer an additional Whereas to the resolution so the actions taken by Council would be understood: "WHEREAS, the City of Chula Vista endorses a more democratic involvement n the governance of regionally provided services and therefore supports SB 1225; however, the City of Chula Vista is evaluating the fiscal impacts of the proposed San Diego Area Wastewater Management District and has not yet committed to participation; and'. He felt there were still a number of legal questions that needed to answered. Councilman Moore, as the representative of GAG, gave a review of actions taken regarding the proposed legislative effort being presented. Options available were: 1) support the ordinance, which allowed the City one year to decide whether they wanted to remain, at no penalty; 2) go independent, a study had been completed regarding this and Council had not made a decision; and 3) do what El Cajon had done, leave the City alone and pay whatever fee that would be charged. It was a boilerplate resolution that all cities were taking to the councils for review and/or approval. Mayor Nader stated he would support the clause and also wanted to make it clear at this point that the City would keep their options open and were not making a commitment. MSUC (Rindone/Nader) to amend Resolution 16552 to include 'WHFIF~S, the City of Chula Vista endorses a more democratic involvement in the governance of regionally provided senices and therefore supporto $B 1225; however, the City of Chula Vista is evaluating the fiscal impacts of the proposed San Diego Area Wastewater Management District and has not yet committed to participation; and'. RESO LIH~ON 16552, AS AMENDED, OI"I'ERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. 12. RESOLUTION 16553 APPROVING THE FIRST AMENDMENT TO THE AGReeMENT WITH MUNICIPAL FINANCE ADMINISrKATION FOR PROJECY MANAGEMENT SERV/CES RENDERED FOR OTAY VALIgI' ROAD ASSESSMENT DISTRICT 90-2, AND AUTHORIZING THE MAYOR TO ElfinCUTE SAID AGR~.EMENT -On 5/22/90, Council approved an agreement with Municipal Finance Administration for consulting services as project manager for Otay Valley Road Assessment District 90-2 and Otay Rio Business Park Assessment District 89-3. This item is to consider approval of the fkrst amendment to the agreement for a proposed increase, Adequate funds have already been appropriated by the Redevelopment Agency for the CIP project. Staff recommends approval of the resolution. (Director of Public Works and Director of Community Developmen0 13. REPORT REQUEST FROM PAIDMAR ~I3:MENTARY SCHOOL TO CONDUCT A SCHOOL PARADE ON APRIL 3, 1992 - The Principal of Palomar Elementary School has requested permission to conduct a school parade on 4/3/92 from 9:45 - 10:45 a.m. The parade commemorates the School's Spirit Week. Approximately 500 students from the school will participate, along with a marching band from Castle Park Middle School. Staff recommends approval subject to conditions. (Director of Parks and Recreation) * * END OF CONSENT CALENDAR * * Minutes March 24, 1992 Page 6 PUBLIC HEARINGS AND RRI .&~nD RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PCC-91-24 CONDITIONAL USE PERMIT: APPEAL OF PLANNING COMMISSION APPROVAL OF REQUES~ TO REDEVELOP SERVICE STATION AND ADD MINI-MARKET AND CAR WASH AT 1498 MEt 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 car wash. The penit was approved by the Planning Commission on 1/8/92 and has been appealed by Council. Staff recommends Council continue the hearing on the avveal of PCC-91-24 to the meetinl~ of AVr~ 28, 1992. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. MSUC 0Nlader/Moore) to continue the public hearing to the meeting of April 28, 1992. 15. PUBLIC HEARING CONSIDERATION OF AN APPLICATION FOR THE SALT CIII~,I~I( RANCH SECTIONAL PLANNING AREA (SPA) PLAN; PUBLIC FACILITIES FINANCING PLAN; WATER CONSERVATION PLAN AND AIR QUALITY IMPROVEIdF..NT PLAN; AND PLANNED COMIvlUNITY DISTRICT REGULATIONS AND DESIGN GUIDELINES; THE BALDVVIN COMPANY - The Baldwin Company has submitted a Sectional Planning Area (SPA) Plan and related items for the 1,197.2 acre Salt Creek Ranch project, located north of the EastLake Business Park, northwest of Upper Otay Reservoir and bisected by Proctor Valley Road. Staff recommends Council place ordinance on first reading and approve the resolutions. (Director of Planning) Julie McCall, representing Ogden Environmental, gave a brief history of the environmental review of the project. EIR 89-3 was certified by Council in September 1990. SEIR-91-3 was approved by the Planning Commission on 3/11/92 with conditions. SEIR-91-3 was a supplemental to EIR-89-3. Duane Bazzel, Senior Planner, gave a review of the project. The project contained 1,200 acres and would be primarily residential. The Planning Commission had recommended that staff work to reduce the total number of units in Neighborhoods lOa, 11, 12, and 13 by approximately 5% but double the size of approximately 15 lots. In addition staff was requested to evaluate the feasibility of developing a portion of Subarea #3 at the same time as Phase I of the project was developed in order to make large lot product available early on in the marketing of Salt Creek Ranch. The Planning Commission and staff recommended Council certify the EIR, SPA Plan and related documents, and the Statement of Overriding Considerations with conditions. EIR-89-3 had been certified by Council prior to the adoption of the General Development Plan. This being the time and place as advertised, the public hearing was declared open. Claudia Troisi, 11975 El Camino Real, San Diego, CA, representing Baldwin, gave a review of the project and amenities. The development provided a wide variety of housing, i.e. estate homes to the east and affordable housing to the west. The hills and canyons would be preserved and scenic corridors would be provided. The Salt Creek corridor would be the focal point for the development. Their three goals in designing the project were: 1) provide for as many of the Cities General Plan policies as possible, 2) community benefits, and 3) two school sites, although the development did not necessitate two sites. Van Stevens, Forma Design and Landscape Architecture, stated the shape of the project was dictated by the terrain and circulation. There would be 350 acres of open space which included seven miles of pedestrian, equestrian, bicycle, and jogging nails. There would also be a 20-22 acre park in the center of the project and a 7 acre park on the west side. A buffer zone would be established between the project and the Eastl.ake commercial area. "H" S~reet would be a designated scenic corridor. Minutes March 24, 1992 Page 7 Councilman Moore questioned why a Sales Disclosure document regarding special districts was not included at this time as had been required for other projects. He questioned why the Disclosure was not consistently required at the same time in each project. Claudia Troisi responded that it was a condition of the project but would be included at a later date. Councilman Malcolm stated that if the resolutions were approved it would not mean that the developer was guaranteed the number of lots being proposed. The next step would be the tentative map, at which lime the liner requirements, disclosure, grading, etc. would be discussed. The project at this time was conceptual. Mayor Nader questioned whether the developer had explored providing mass transit for the 'H' Street extension. Claudia Troisi responded that they had discussed bus stops and pedestrian rest areas from the cul-de-sacs to "H" Street. She felt it would be more appropriate to discuss that issue at the tentative map stage. Mayor Nader felt that ff mass transit was going into Otay Ranch, "H" Street should be built to a width to accommodate hard rail. Councilman Malcolm stated he and Assemblyman Peace brought forward a proposal, which had been denied by Council, to run mass transit from I-5 on "H" Street east and tie into 125 and go through the shopping center, etc. The problem he had was that ff they were going to spend money on mass transit they should concentrate on areas west of the future 125 where population was located and a higher priority. Mayor Nader felt that when Otay Ranch was developed it would be a high transit priority and that the City should reserve the option for fixed rail. Mr. Bazzel stated that fixed rail had been considered for the Otay Ranch project and the north/south route along SR 125 up to the western parcel of Otay Ranch, then east/west back to the City had been preferred. To run the north/south line further north than Otay Lakes Road (Telegraph Canyon Road) would be cost prohibitive due to terrain. Mayor Nader felt it would be helpful to have plans on how a project tied into mass transit available when reviewing the projects. Robert Leiter, Director of Planning, informed Council that the developer had worked with staff in order to prepare a condition regarding off-site access and work with the neighboring northern property owners during the tentative map process to resolve that issue. It dealt primarily with what was in place but ff it required a detailed modification at the tentative map level, the applicant and staff would work toward resolving it. Councilman Moore felt the Council should be advised before staff went to far. The project had been in planning for four years and if something was going to be modified after four years, Council should be notified. Ms. Troisi informed Council that Baldwin would agree to the following condition: ~Fhe Baldwin Company agrees to work diligently with the Deddeh's to study a mutually acceptable access from Salt Creek Ranch prior to approval of the Salt Creek tentative map". Councilman Malcolm stated the condition should include all property owners that would be affected. The access should be to the general area and not necessarily to one owner. Minutes March 24, 1992 Page 8 City Attorney Boogaard stated that he recommended consideration that Council reserve the power to impose the SR 125 right-of-way or corridor on the tentative map, even though it had been somewhat provided for in the proposal. He had discussed that with representatives from the Baldwin Company. Mayor Nader expressed concern that action taken would be construed as promotion or prejudicial of a certain alignment. City Attorney Boogaard responded that the Council could reserve the power to designate a tentative corridor if they chose to do so. Mr. Bazzel stated staff had received four westerly alignments from CalTrans. Only one crossed the western corner of Salt Creek Ranch. The four easterly alignments curren~y being studied had not bee presented to staff. Councilman Moore questioned if the City pursued due dfiigence, worked with CalTrans as the State representative for highways and freeways, how this property would be involved in potential transit loops. Mr. Leiter stated that CalTrans had responded to the draft EIR and felt the project could impact the alignment of SP, 125 as the eastern alignment was uncertain at this time. Therefore, they were unsure of the potential impact. Councilman Kindone stated that 4.45 acres had been designated for community facilities and questioned whether the developer would be receptive to considering the building of facilities, i.e. recreation halls/centers, etc. to receive credits toward that requirement. Ms. Troisi responded that the developer would be receptive to that suggestion. Mike McDade, Sullivan Cummins Wert'z McDade & Wallace, 945 4th Avenue, San Diego, CA, representing Senator and Mrs. Waddie P. Deddeh, stated the Deddeh's were the sole owners of the l~ramid properties and had only recen~y learned that the access proposed by Baldwin did not provide adequate access to their properties. They also felt the original and supplemental EIR-91-03 were inadequate in addressing the environmental impacts of the proposed access to his client's properties. He requested that Council delay approval of the Salt Creek Ranch project and direct staff and the Baldwin Company to work with his client to resolve the access and environmental issues. Once that was done, they would enthusiastically support the project. Mayor Nader questioned whether the condition proposed by Baldwin would be acceptable. Mr. McDade responded that it fell short from the precision necessary. It was a diligent attempt by the Baldwin Company to study the possibility of granting access. They were very concerned over having actual access not a study. Mayor Nader stated that an agreement would have to be worked out prior m approval of the tentative map. It was his interpretation that it would be resolved to the Council's satisfaction prior to that approval. Councilman Malcolm stated the problem was with City staff and their concerns, i.e. protection of the canyons, grading of steep slopes, and entering sensitive habitat areas. Mr. Bazzel responded that staff would have to require adequate environmental review and analysis regarding an alternative or second access point, etc. Mr. McDade responded that it was the consideration of those three issues that caused them a problem. The area designated was not economically or environmentally feasible. They felt the SPA and ElK were inadequate under CEQA and they were concerned over having 400 land locked acres. The City had Minutes March 24, 1992 Page 9 previously issued a letter stating that it would not be allowed, they also raised their concerns during the general development plan stage and now it would appear that there was inadequate access. Councilman Rindone stated the question of access was not being made at this time. The proposed condition would allow all property owners to deal with access issues with the developer and City staff. He felt the issue had been adequately dealt with at this time. Mayor Nader felt since Council was deferring the issue to the tentative map stage that McDade's concern regarding CEQA had been mitigated because it would become a tentative map impact not a SPA impact. If they felt that the environmental documentation was inadequate on the tentative map that the CEQA remedy would be at that time. Mr. McDade felt there was an urgency and requested that their concerns be resolved in 45 days as there was a tremendous impact upon the property values as long as access was undecided. Councilwoman Grasser Horton questioned how long the property owner had owned the property and when they had contacted staff or the developer regarding access. Mr. McDade responded that he was new on the case but that letters in the file dated back to 1989. Councilman Moore questioned whether the concern regarding access to properties to the north was also part of due diligence that when planning a property that access to other properties not be blocked. Mr. Leiter responded that was a consideration in the plan, there were access points proposed to designated properties. He felt the issue was whether they were adequate and if they would raise other environmental issues that would raise concern later. Staff felt that the EIR did adequately addressed those and that access was appropriate, The properties to the north were not in the Chula Vista planning area and other than that there were other options for access that could also be considered. Staff felt given those factors that there was due diligence and a thorough evaluation had been done. There being no further public testimony, the public hearing was declared closed. Councilman Moore felt there was a consensus that Council be provided with the correspondence from the property owner to the north regarding their concern of access. Mayor Nader felt the concerns expressed could be resolved at the tentative map stage. He did feel that the statement in the SEIR, page 1-11, under Public Services and Utilities, Water "The projects contribution (as with any development) to regional cumulative water supply and non-renewable energy source impacts are unmitigable and significant" reflected being behind the times as to the state-of-the-art environmentally sensitive building and development projects. He requested that staff look at economically feasible environmental mitigation prior to the tentative map stage. He would like to see the EIR modified to say "the City will seek to explore every available feasible means of mitigation at the tentative map stage' and he would expect it to be done. It did not mean that everything would be mitigated to zero but it would show that the City had really begun to explore every possible means of mitigation available. He referred to the Water Conservation Plan and felt staff should look at going further with drought tolerant and native landscape and questioned whether that could be dealt with at the tentative map stage and incorporated into the CC&R's. Mr. Leiter responded that staff would pursue specific conditions in the Water Conservation Plan at the tentative map level. He felt the Water Conservation Plan was worded such that it could be modified at the tentative map level without modification of a condition. Minutes March 24, 1992 Page 10 MS (Nader/Malcolm) to amend the SEIR, page 1-11, regarding Water Supply, to amend and add *,~arnlnation of all feas~le energy and water supply mitigation measures will be explomt prior to tentative map approval'. City Attorney Boogaard felt the amendment should be included as a condition in Resolution 16555 since it was a document that would otherwise be the subject of certification, that it was or was not prepared in compliance with CEQA. If Council wanted specific evaluation of all feasible mitigation measures, he recommended making it one of the conditions listed on Resolution 16555. Mayor Nader responded that he would agree to add the amendment to the Resolution but also wanted it included in the SEIR, agreed to by second. Councilman Malcolm wanted it understood that it would be a study regarding feasible altematives and that it did not mean no landscaping other than drought tolerant. He would not approve a map that would not allow grass. Councilman Moore expressed concem with the word "all". If the amendment stated "all practical" he could support the motion. Ms. Troisi stated the City Attorney's recommendation would be the easiest, moving it to the Water Conservation Plan where it could be studied, then it could be determined whether 'all" was appropriate or if a percentage was appropriate, what could and could not be done, etc. She felt everyone would be better served by waiting and obtaining more information. Mayor Nader stated he would remove the word ' all' from his motion but wanted it understood that it should be looked at comprehensively. RESOLUTION 16554 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, pas~ed and approve unanimously. MS [Nader/Malcokn) to amend Resolution 16555 by adding the following condition: 'the devdoper will work diligen~y with the adjacent northern property owns to study mutually acceptable access from Salt Creek Ranch prior to the approval of the Salt Creek Ranch tentative map. Councilman Rindone stated he did not feel it was fair to require the developer to provide access to all northern properties. He questioned where northern ended. Ms. Troisi requested clarification of how far north they were required to negotiate with. Mr. Leiter recommended the colored areas designated on 'Exhibit E" of the staff report. City Manager Goss questioned whether it would include the Otay Water District property. Mayor Nader stated the motion should be amended to exclude the Otay Water District property. VOTE ON AMENDMENT TO RESOLLrfION 16555: apprnved unanimously. RESOLLrrlON 16555, AS AMENDED, Oi, Fi~tED BY COUNCILMAN MOORE, reading of the text was waived. Mayor Nader stated his vote to adopt the Statement of Overriding Considerations was only because of the amendment adopted to the supplemental EIR. VOTE ON RESOLUTION 16555 AS AMENDED: approved unanimously. Minutes March 24, 1992 Page 11 ORDINANCE 2499 pL~c~.n ON FIRST RF_d~ING BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. Council recessed at 8:26 p.m. and reconvened at 8:40 p.m. A. RESOLLrrION 16554 CERTIPYING THAT THE FINAL SEIR-91-3 FOR SALT OIRR~C RANCH HAS BEF~ PREPARED IN COMPLIANCE WITH CEQA, THE STATE CEQA GUIDELINES AR~ THE ENVIRONMENTAL REVIEW PROC~-nURES OF THE CITY OF CHULA VISTA (hhis item doe~ not reeuire a public hearln~ but is a related item) B. RESOLLrrlON 16555 APPROVING THE SECTIONAL PLANN1NG AREA PLAN FOR SALT CII K~! RANCI-I, PUBLIC FACILITIES FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN, DESIGN GUIDELINES, CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS C. ORDINANCE 2499 ADOPTING THE PLANNED COMMUNITY DISTRICT REGULATIONS (first reading) ORAL COIVIRdUNICATIONS a. James Lovett, 100 Woodlawn, #75, Chula Vista, CA, representing Bayscene Mobilehome Park residents, requested a progress report on the acquisition project. Chris Salomone, Director of Community Development, responded that he was unprepared to respond but that staff was working on the issue. Councilman Malcolm requested that Mr. Salomone contact Mr. Lovett and update him on the project. Mayor Nader requested a brief report for Council before the next meeting. b. Donna Rose, 480 Elm Avenue, Chula Vista, CA, was not in attendance when called to the podium. c. James Henriticks, 492 Elm Avenue, Chul a Vista, CA, stated his proper~ was 90 feet from the drainage ditch and during the last rain storms he had six inches of water in his home. He felt the present drainage system was inadequate and requested that the City review the situation. Mayor Nader informed Mr. Hendricks that Council was aware of the flooding problems within the City and had referred the situation to staff for a report back during the CIP budget process. MS (Nader/Malcolm) refer to staff for snldy 492 F. lrn Avenue and the area norel of Naples betweesl 4th and Broadway, report back to Council during the CIP budget process. Councilman Moore stated the report was to address the areas flooded, impacts, recommended corrective action, costs, and priorities. City Manager Goss responded that the report would also contain possible funding sources. d. Robert Fidrych, 484 Elm Avenue, Chula Vista, CA, stated his properly was next to Mr. Henriticks and his back yard abutted the drainage channel. They had experienced the same problems ten years ago but never approached the City with the problem. They were now concerned regarding safety and damage as the flooding appeared to get worse with each storm. He felt the problem had also been increased due to actions taken by other property owners in order to avoid flooding. Minutes March 24, 1992 Page 12 Councilman Moore felt all flooded areas should be reviewed and prioritized with a report back to Council. VOTE ON MOTION: approved unanimously. e. Carolyn Butler, 97 Bishop S~reet, Chula Vista, CA, presented Council with a petition requesting that the 703 bus route not be deleted. She also felt bus service should be available in the early morning and late evening hours to accommodate those needing to depend upon public transportation to and from work. She did not feel the 712 bus was needed at this time. f. Joan Wisser, 834 Lori Lane, Chula Vista, CA, presented Council with a petition requesting that the 703 bus route not be deleted. She requested that the service hours be expanded to include the early morning and late evening hours. g. Leslie E. Carter Jr., 379 Orange Avenue, Chula Vista, CA, was not present when called to the podium. ACTION ITEMS 16.A. REPORT RESPONDING TO COUNCIL REFERRAL OF REQUEST FROM MIL FRED DUFRESNE OF OTAY LAKES LODGE MOBILEHOME PARK, FOR A DETF_..RMINATION OF THE RIGHT TO ARBITRATE, AND REQUEST FOR MODIFICATION OF MOBILEHOME PARK PENT CONTROL ORDHqANCE TO REQUIRE NOTICE OF RENT INCREASE TO INCOMING AND OUTGOING TENANTS -On 3/4/92, Mr. Dufresne of Otay Lakes Mobilehome Lodge submitted a letter to the Council complaining that the City has impermissibly denied affected tenants of the ordinance-based right to arbitrate a 4/1/91 rent increase in excess of CPI effective upon sale of coach as the result of a mediation, and requesting a modification of the mobilehome rent control ordinance to require notices of rent increases and the fight to arbitrate be given to both incoming and outgoing tenants. Staff recommends Council place ordinance on first reading. Continued from the meetlug of 3/17/92. (City Attomey) B. ORDINANCE 2500 AMENDING THE MOBILEHOME RENT CONTROL CHAPTER TO PROVIDE THAT 1) FAILURE OR REFUSAL BY THE AAA TO PROVIDE ARBITRATION SERVIC~-q WILL PERMIT THE ARBITRATION TO BE I4~JJ~ BEFORE THE MOBILEHOME RENT REVIEW COMMITI~-R, AND 2) NOTICE OF THE RENT INCREASE AND THE RIGHT TO ARBITRATE THAT INCREASE BE GIVEN TO THE INCOMING AND OUTGOING TENANT IN WRITING, THAT SAID RIGHT CAN NOT BE REQUIRED TO BE WAIVED, IHAT A SIGNED RECEIPT FOR SUCH NOTICE HAS TO BE GIVEN BY THE TENANT AND OBTAINED BY THE OWNEI~ COPIES OF WHICH NAVE TO BE PROVIDED TO A DULY DESIGNATED ASSOCIATION (tint reading) City Attorney Boogaard informed Council that his investigation was still inclusive due to lack of complete facts on the mediation event and recommended that the item be continued to the meeting of April 7, 1992 at 4:00 p.m. MSUC (Moore/Nader) to continue the item to the regular meeting of April 7, 1992. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS pUIJ.EI~ FROM THE CONSENT CAI.RNDAR Items pulled: 5b, 5c, Se, 6A, and 11. The minutes will reflect the published agenda order. Minutes March 24, 1992 Page 13 OTHER BUSINESS 17. (;rlY MANAGERS REPORT(S) a. Scheduling of meetings - Reminded Council there would be a regular Courier Meeting/Worksession on Thursday at 4:00 p.m, in the Council Conference Room, The next regular Cotmeal Meeting would be on April 7th at 4:00 p,m. Mayor Nader stated he would not be at the Thursday meeting/worksession as he would be out of town, 18. MAYORS REPORT(S) a. Mayor Nader informed Council that the bus drivers had threatened a work swppage and he had been made aware of the situation when it was to late to place the item on the agenda, therefore he had been advised by the City Attomey that the item could be placed on the agenda for consideration as an urgency item. MSUC (Nader/Moore) to declare there was an urgency regarding the potential bus drivers work stoppage and place on the agenda for consideration. Mayor Nader stated he had met with the Teamsters Local and staff and they had announced there would not be a work stoppage that week. They asked that an independent inquiry be made into their concerns. He had made it clear that in terms of substantive issues involved in a contract that they had collectively bargained for with their employer were not appropriate for the City to become involved in, but treatment of individuals and operations and maintenance of the equipment which could involve the service to the citizens of the City would be appropriate. He would like to set up an independent body that would be charged with making a report and recommendations to Council on action, if any, the City should take. He had also learned that the Human Relations Commission had authority to conduct such an inquiry. He was concerned whether they were the best body to review these issues due to the maintenance issues involved. He would be willing to recruit members and bring them back to Council next week for ratification. Councilman Malcolm stated he had confidence in staff to review and report back to Cotmcfi. If an independent body was established everyone would want their complaints reviewed by such a body which would set a dangerous precedent. If staff was unable to resolve the issues the City Manager should bring it back to Council for review. Mayor Nader responded that these were not City employees and did not feel it would set a precedent. He was against hiring someone when there was an existing body established. He questioned whether the Council chose to designate a separate body, other than the Human Relations Commission, due to the technical issues involved, otherwise the Human Relations Commission was already empowered. Councilman Malcolm was concerned with the direction and possible authority given to the Human Relations Commission. Because this was a City contract he felt the City Manager should be the one dealing with the issues. Mayor Nader stated a referral regarding similar concerns had been made over one year ago. The issue was not within the usual routine of the staff that it was assigned to. Staff was there to oversee the contract but the parties should be allowed a fresh look as it petrained to City issues, wages were not a City issue. Councilman Moore stated: 1) he was uncertain that the Human Relations Commission was experienced in such areas; 2) it was not his understanding that the Commission would be used in any contracted area of concern; and 3) concern with the statements made in the paper regarding the equipment not being Minutes March 24, 1992 Page 14 maintained and unsafe. He felt that was managerial and easy to check. He also felt that the City Attorney should review the responsibilities of the Commission regarding their legal authority and what entities it pertained with report back w Council. His main concern was that the Human Relations Commission would be thrown into a contractual fray with minimal experience. Mayor Nader responded that was his concern also. The recommendation to establish a separate body would enable the Council to recruk persons with experience in that area. M (Nader) to create a body of three independent citizens to review the City related issues of bus service. The composition to be approved by Council at the 4/7/92 meeting. Motion died for lack of second. City Manager Goss stated the Transit Coordinator had met quarterly with the union and management of ATC to hear complaints and resolve issues. If problems or complaints were brought to him, he had taken direct personal action regarding maintenance issues on behalf of the City. It was his understanding that the union stated that had not been done. Councilman Malcolm stated it was a touchy issue and felt the City Manager or one of his deputies should become directly involved. City Manager Goss responded that part of his job was administering contracts and that because he had not been directly involved in any way, he could take on that roll. Mayor Nader wanted it made clear that he was not saying that the complaints were valid or invalid but that they would like a fresh look at the issues. b. Ratification of appointment: Child Care Commission - Nancy Reeves MSUC (Nader/Malcolm) to ratify the appointment of Nancy Reeves to the Child Care Commission_ c. Atrendance at Chi]dren's S-rnrnlt - League of California Cities Mayor Nader stated he would like to attend the Children's Summit sponsored by the League of California Cities and requested a $250 appropriation to cover his expenses. MSUC (P, jndoneVGrasser Horton) to approve the appropriation of $250 to allow the Mayor to attend the Ch~,dren's SHmrnir. d. Mayor Nader stated he had real concerns regarding the Metro II project. He felt other Southbay Councils should be invited to a joint workshop in the summer to discuss implications of the sewer issue. Councilman Moore did not feel that sufficient information was available to decide whether to go independent. He felt that anyone that wanted to attend should be allowed. City Manager Goss felt that there would be sufficient economic data available early in the summer. e. Mayor Nader referred to a letter subtalKed by the VFW at the meeting requesting waiver of the $200.00 filing fee for a permit to install an elevator in their building. He stated that if it could not be handled administratively he would like the request placed under Written Communications on the 4/7/92 agenda. Minutes March 24, 1992 Page 15 19. COUNCIL COMMF2qTS Councilman Malcolm: a. RESOLUTION 16556A URGING SUPPORT FOR THE GOVERNORS DESIGNATION OF WARD V~,t-I-~r AS THE DISPOSAL SITE FOR LOW-LEVEL HAZARDOUS WAS'rE WITHIN THE STATE OF CALIFORNIA AND URGING OTHER JURISDICTIONS TO SUPPORT SAME; or RESOLUTION 16556B URGING SUPPORT FOR THE GOVERNORS IDF. NIII, ICATION OF A DISPOSAL SITE FOR LOW-LEVEL HAZARDOUS WAS-rI~ WITHIN THE STATE OF CALIFORNIA kND ENCOURAGING OTHER JURISDICTIONS TO SUPPORT SAME Councilmen Malcolm requested that Council hear the item before Special Orders of the Day because William W. Otterson was present to speak to Council. William Otterson, Co-founding Director, National Association of Cancer Patients, P.O. Box 1434, Solena Beach, CA 92075, also representing UCSD Connect Program, stated that all medical research in disease elimination would cease without the use of techniques which resulted in low-level hazardous waste. The Sierra Club supported the Ward Valley site and he felt the City of Chula Vista should send a message to the Governor stating they supported medical research end urging identification of a low-level hazardous waste disposal site in California, The bio-technical community was concerned regarding storage capab~itie~. The disposal sites are cleen and non-polluting. Councilmen Moore stated that the law had changed and would not allow the u'ansportation of low-level hazardous waste across state lines as of 1/1/93 and there were no existing sites in the state. Mr. Otterson responded that Councilman Moore was correct and that low-level hazardous waste included items such as syringes, gloves, shoe covers, etc. utilized by researchers. The materials were not unsafe end were contained in a 55 gallon steel drum. Mayor Nader stated it was his understanding there was a great difference between medical/research waste versus nuclear power plant waste and questioned whether the federal government had Humped' the two into the same category. Mr. Otterson responded that anything that would meet the requirements of low-level hazardous waste would be included but that would not include plutonium. RESOLUTION 16556B OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, pas~ed and approved unanimously. b. Selection of recommended appointment to the Interjurisdictional Task Force Councilman Malcolm stated that three applications had been filed with only one meeting the designated filing deadline. He did not feel it was proper to accept late applications. He had been informed that Mr. Pocklington had tried to respond to Mayor Nader's call but had not been informed that the Mayor was out of town. Therefore, lateness in filing the application should be waived. He recommended that two applications be forwarded to Supervisor Bilbray, Pocklington and Herney. Councilwoman Grasser Horton felt that Mr. Tugenberg's application should also be included. Mr. Tugenberg had prior experience and knowledge that she felt would take a new appointee months to acquaint themselves with. Minutes March 24, 1992 Page 16 Councilman Malcolm responded that he wanted the position fdled now and that Mr. Tugenberg was a Planning Commissioner and the way the Task Force was organized, only one Planning Commissioner was allowed. He felt that stating public-at-large did not meet the spirit of the agreement. Mayor Nader stated he would not have a problem in forwarding all three names. He did recruit Mr. Pocklington but it had been done before interest was expressed by the other two applicants. He felt it was part of his job to ensure that qualified applicants were included. M (Malcolm} to forward two names, Herney and Poddington, to Supervisor B~bray for consideration. Motion died for lack of second. Councilman Rindone stated that he wanted to make sure that the City of Chula Vista was well represented. If more than one name was submitted the decision would then be left to someone else. He felt the Council needed to make a decision. He had reviewed the applications and felt they were all good people but that the process should be followed and a decision made by the Council. MS (Rindone/Malcolm) to forward the name of Susan Herney to Supervisor Bilbray for consideration. Councilwoman Grasser Horton stated she would not support the motion. Mr. Tugenberg had the background and experience for the position. She felt there should be a unanimous decision regarding the name submitted to Supervisor Bilbray. Councilman Rindone felt all three applicants were qualified but that the Council had a practice that when there was a consensus on an appointment that the vote would be unanimous. Susan Herhey had been on the original task force. SUBb-rrr~/E MOTION: (Nader/Grasser Horton) to forward all three names, Herney, Pocldington, and Tuganber~g, to Supervisor Bflbray for consideration. Motion failed 2~3 with Councilmemben Malcolm, Moore and Rindone voting no. Mayor Nader stated he would vote yes on the original motion but concurred that Mr. Tugenberg was the most qualified due to his past experience. It was clear that the majority of the Council did not wish to forward his name and felt the Susan Herney was qualified. VOTE ON ORIGINAL MOTION: approved 4-1 with Counc~woman Grasser Hotton voting no. Councilwoman Grasser Hotton stated she wished to change her no vote to a yes vote so that the recommandation to the Board of Supervisors would be unanimous. c. Thanked staff for the $50 + pay raise and acknowledged the individual City departments and the major improvements and projects they had accomplished during the year. He stated that during a year of hard economic times the City ended the year with excess monies in their reserves. d. Complimented Duane Bazzel, Senior Planner, on his efforts and presentation regarding Salt Creek Ranch. e. Admonished Council, City Attorney, City Manger, etc. for calling the public and each other by first names during the Council meetings. He felt that it was inappropriate and sent the wrong message. Councilman Rindone: a. Referred to Item 8 on the agenda and felt there should be a policy so that all requests were handled consistently. He requested a report back from staff regarding the issues. .~, Minutes March 24, 1992 Page 17 Mayor Nader stated there was a policy and requested that staff provide Council with copies. Councilwoman Grasser Hotton: a. Requested that staff respond to Commissioner Fullers request to fill Mr. Tugenberg's vacancy on the Planning Commission as soon as the vacancy occurred. Mayor Nader questioned whether the staff could post the vacancy before it occurred. City At~omey Boogaard did not feel there would be a problem but he would repor~ back to Council. Mayor Nader stated that if it was legal he would have the Mayor/Council Secretary poll Councfi regarding a date for interviews. The posting is to indicate when the term begins. ADJOURNMENT MSEC (Nader/Malcolm) to approve the staff recommendation regarding pending li't~gafion - Flore~ v. City of Chula Vista, et al. Pending litlgation pursuant to Government Code Section 54956.9 - Flores v. City of Chula Vista, et al. ADJOURNMENT AT 10:32 P.M. to the Regular City Council Meeting~Vorksession on March 26, 1992 at 4:00 p.m. in the City Council Conference Room and then to the Regular City Council Meeting on April 7, 1992 at 4:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency convened at 10:32 P.M. and adjourned at 11:05 P.M. Respectfully submitted, BEVERLY k AUTHELET, CMC, City Clerk Vicki C. Soderquist, Dep ity Clerk