HomeMy WebLinkAboutcc min 1992/06/30 MINIJTF~ OF A SPECIAL MEETING OF THE
CITY OF CHULA VISTA
Tuesday, June 30, 1992 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor
Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttomey; and Beverly
A. Authelet, City Clerk
2. PI.Er}GE OF AIJ.RGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINIrI~S: None
4. SPECIAL ORDERS OF THE DAY: None
CONSENT CAI.RNDAR
(Items pulled: 13, 17, and 18)
BALANCE OF CONSENT CAleNDAR OFFERED BY MAYOR NADER, reading of file text was waived, passed
and approved unanimously.
S. l~'Rrl-rl/N COMMUNICATIONS:
a. Letter or resignation from file Design Review Commition - Susan Dorublaser. It is recommended
that Ms. Dornblaser's resignation be accepted with regret and a letter or appreciation be sent.
b. Letter regarding a parking problem between Garrett and Glover, north of 'E' Sn'ee[ - Sharon Pearce,
Director, Silent Voices, 191 Glover Avenue, Suite B, Chula Vista, CA 91910. It is recommended that the
letter be referred to staff for review.
Mayor Nader requested that the staff referral include the Police Department for enforcement of any parking
violations that were currently taking place.
6. ORDINANCE2519 IMPOSING, AS AN INTERIM AND URGENCY MEASURE, AMORATORIUM
ON THE APPLICATION FOR OR ISSUANCE OF ANY LAND USE PERMITS, INCLUDING CONDITIONAL USE
PERMITS, FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFi EEN DAYS EXCEPT UPON CONSENT
OF COUNCIL, FOR USE OF LAND AS A HAZARDOUS WASTE FACILITY (urgency measure) - Staff is in the
process of preparing a General Plan Amendment and implementing ordinances which would allow the City
to establish planning, siting criteria, and processing requirements for hazardous waste facilities. On
5/12/92, the Council adopted an ordinance establishing a 45 day moratorium on processing of land use
permits for hazardous waste facilities. Staff recommends Council adopt the ordinance as an urgency
measure. (Director of Planning) 4/Sth's vote required. Continued from the 6/23/92 meering.
Minutes
June 30, 1992
Page 2
7. ORDINANCE 2520 ADDING SECTION 19.14.270 TO THE CHULA VISTA MUNICIPAL CODE
ADOPTING PROf~-r~URF. S FOR THE F, NFORCKMENT OF CONDITIONAL USE PERMITS AND VARIANCES
(second readinK and adoption) - The City curren~y enforces variances and conditional use permits (CUP's)
through its implied powers ro modify and revoke permits or as an express condition of the permit itself. The
ordinance codi~es existing procedures and criteria used to enforce variances and CUP's. Staff recommends
Council place ordinance on second reading and adoption. (City Attorney)
8. ORDINANCE 2521 AMENDING SECTION 12.20 OF THE MUNICIPAL CODE REGARDING
IMPOSING A FEE FOR CONSTRUCTION PER_MITS ISSUED TO UTILITY COMPANIES (second reading and
adoption) - Historically, the City has not charged a fee to utility companies for permits to do work within
the City's rights-of-way. It is the intent of the City to impose a flat fee for each minor permit and full cost
recovery for larger jobs. Staff recommends Council place ordinance on second reading and adoption.
(Director of Public Works)
9. RESOLUTION 16690 APPROVING A MODIFICATION TO THE AGB~EMENT WITH LE'I'I'IERI-
MCINTYRE AND ASSOCIATES, PROjECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR
PROF~.~;SIONAL SERVI r~_~ TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGER, AND AUTHORIZING
TH~ MAYOR TO EXECU'~ SAID AGI~-~-MENT - The Otay Ranch Project is entering the final processing
phases and additional assistance is needed in specific areas. The request will allocate one additional Lertieri-
McIntyre & Assoc. starf person to assist in coordination of such projects as the General Development Plan
text, Sphere of Influence Study, an the Public Participation Program. Staff recommends approval of the
resolution. (Deputy City Manager Kremp1)
10. RESOLUTION 16691 APPROVING A REVISION OF A THREE PARTY AGIIEEMENT FOR OTAY
RANCH DEVELOPMENT PROCF-qSING BETWEEN THE CITY' OF CHULA VISTA, ROBERT BEIN, WII.IJAM
FROST AND ASSOCIATES, AND BALDWIN VISTA ASSOCIATES, L.P., AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGI~EF. MENT - Additional development processing work is being requested of Robert Bein,
William Frost and Associated (RBF) over and above the original scope-of-work for the Otay Ranch Project.
Staff recommends approval of the resolution. (Deputy City Manager Krempl)
City Attorney Boogaard referred to a memorandum distributed to Council indicating a recalculation of the
security in the model homes to secure the RBF payment from Baldwin. He felt it was still adequate at
$660,000.
11. RESOLUTION 16692 ACCEPTING CONTRACT WORK, TRAFFIC SIGNAL MODIFICATION AND
UPGRADE (FISCAL YEAR 1991/92) AT VARIOUS LOCATIONS IN THE CHY OF CHULA VISTA AND
APPROPRIATING FUNDS THEREFORE - On 2/12/92, Council awarded a contract in the amount of $82,400
(including contingencies) for the modification and upgrade of traffic signals at various locations in the City.
The contract was awarded to Knox Electric, Inc. The work is now completed. Staff recommends approval
of the resolution. (Director of Public Works) 4/Sth's vote required.
12. RESOLUTION 16693 ACCEFFING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF
MAIN STREET WIDENING FROM INDUSTRIAL BOULEVARD TO INTERSTATE FIVE - On 6/10/92, bids were
received for the "Main Street Widening Project from Industrial Boulevard to Interstate 5". The project is
funded by Transnet and is intended to improve the drainage system, traffic flow, and safety by widening and
improving the northerly portion of Main Street. Staff recommends approval of the resolution and award
Minutes
June 30, 1992
Page 3
contract to Granite Construction Company in the amount of $341,381 for Alternative B which pays prevailing
wages. (Director of Public Works)
13. RESOLUTION 16694 APPROVING THE SUBMITTAL OF AN APPLICATION FOR FOIJRTH CYCLR
FUNDS OF THE STATE/LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) - Senate Bill 300
created the State/Local Transportation Partnership Program to identify and construct locally supported
projects with a minimum of State planning and review. Staff has prepared an application package to
CalTrans, the agency administering the SLTPP, and is submitting said package to Council for approval. Staff
recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar.
Mayor Nader questioned whether the item was time sensitive and if funding would be jeopardized if
continued. He further questioned whether some of the funds were available for public transit, pedestrian
improvements, and other transportation related items, i.e. bike paths, that would help enhance the quality
of life and help with the clean air problem. He requested that staff look more broadly next year at other
transportation related needs of the City as opposed to just street projects.
John Lippitt, Director of Public Works, responded that it was time sensitive and funding would be
jeopardized. Funding was for transportation facilities, not operations funded by gas tax or non-state funds.
Most of those mentioned by the Mayor were funded by gas taxes.
RESOLUTION 16694 OFFERFd) BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved unanitnonsly.
14. RESOLUTION 16695 APPROVING THE FINAL CHANGE ORDER FOR THE RENOVATION OF
*NORMAN PARK SENIOR CENTER", AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID
CHANGE ORDER ON BEHALF OF THE CITY - Proposed Change Order No. 10 is the Final contract change
order with Davidson Construction Co. and includes various revisions, additions to the scope of the project,
and provisions for additional work not defined in the original contract documents. Staff recommends
approval of the resolution. (Director of Public Works)
15.A. RESOLUTION 16696 INITIATING PROC~,Rr)INGS FOR THE FORMATION OF OPEN SPACE
DISTRICT NUMBER TWENTY-FOUR, CANYON VIEW HOMES AND ORDERING ~ CITY ENGINEER TO
PREPARE AND FILE REPORT THEREFORE - In order to initiate the proceedings for the formation of open
space districts, the City Engineer must prepare and file a report in accordance with the Streets and Highways
Code. The resolution w~l begin the process for the formation of the open space district for Canyon View
Homes. Staff recommends approval of the resolutions and set July 21, 1992 at 6:00 p.m. as the date and
time for public hearing. (Director of Public Works)
B. RESOLUTION 16697 ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO
ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NUMBER TWENTY-FOUR AND SETTING THE TIME AND
PLACE FOR HEARING THEREON
16. RESOLUTION 16698 APPROVING FIRST AMENDMENT TO AGBRRMFANT WITH BASMACIYAN-
DARNRIJ., INC. (BDI) TO PREPARE TRAFFIC SIGNAL PLANS FOR I-5 AND PALOMAR STREET AND 1-805
AND OTAY V/,IJ.Rn/ROAD INTF~CHANGES AND PROJECT CONCEPT REPORT FOR 1-805 AND OTAY
VAIJ.EY ROAD INTERCHANGE IMPROVEMENTS - On 10/2/90, Council approved an agreement with BDI
to prepare signal design plans. Additionally, BDI was to prepare a Project Concept Report for the 1-805 and
Minutes
June 30, 1992
Page 4
Otay Valley Road interchange hnprovements. At the direction of CalTrans, staff requested that BDI prepare
electrical lighting plans for the I-5 and Palomar Street interchange ramps. That additional work was not
anticipated in the initial scope of work. CalTrans is requesting ramp widening to be done in conjunction
with the proposed traffic signals. The additional cM1 design work is to be performed by HCH Partners as
a subconsultant to BDI. Staff recommends approval of the resolution. (Director of Public Works)
17. RESOLUTION 16699 APPROVING AN AMENDMF_/qT TO THE EXISTING AGB RRMENT WITH FN
PROJECTS TO PROVIDE LOW AND MODERATE INCOME HOUSING - On 3/3/92, Council approved an
agreement with FN Projects to provide low and moderate income housing in Salt Creek I subdivision. The
agreement provided for 15 year deed restrictions. Staff is now recommending that the deed restrictions be
replaced with a Sfient Second Mortgage program. Staff recommends approval of the resolution. (Director
of Community DevelopmenO Pulled from the Consent Calendar.
AMENDMENT TO RESOLIJTION 16699: (Nader/Malcolm) specify that if the developer chooses, at some
point during the life of the agreement, to fulfill or replace some of the units or any number of the units with
units conswacted through cooperation with a non-profit housing entity for low~income ownership that it
would be an alternative way for the devdoper to satisfy the requirements of the agreement subject to staff
approval of the entity's projecL
Chris Salomone, Director of Community Development, stated that the developer had been made aware of
the Mayor's concerns prior to the meeting and had agreed to explore that possibility. The motion would not
impede the adoption of the program and the agreement before Council.
Mayor Nader questioned staffs opinion as to consequences if the developer were to go out and use a non-
profit housing entity to construct low-income ownership units in lieu of some or all of the units called for
in the agreement.
Mr. Salomone responded that the agreement was tied to a particular project, a map had been adopted, the
project designed and for a non-profit to come in and change it, would not been seen as realistic. For a non-
profit to come in and take over the existing project as designed, there could be a possibility of that. He did
not understand it to mean that a different project type was contemplated or asked for.
Mayor Nader clarified the motion which would allow the developer, in lieu of the mechanism called for, to
meet their low-income housing requirement in the project to substitute in as a builder a non-profit housing
entity with a low-income home ownership opportunity as a result. If they wanted to do that without furl:her
staff or Council action it would have to be the same product type as called for in the agreement and in the
previously approved project. If they wanted to change the product type they would have to come back
through staff and Council.
City Attomey Boogaard stated that approximately fifty hours had been spent structuring that particular
amendment and it created a system where $600 per unit for each non-low/moderate income unit would go
into the Umst fund. He felt there could be a chance that the objectives of the agreement would be frustrated
by the motion.
Mayor Nader stated what he was proposing would allow the units to come on the market without the
necessity of using the subsidy from the City called for in the agreement. To the extent that any of the units
could be done that way then those low/moderate income housing funds could be used for other units. He
felt it would help facilitate the objective. ./
Minutes
June 30, 1992
Page 5
Councilman Malcolm stated he would like to approve the resolution and have staff bring forward an
amendment at a later date ff the developer agreed. He would like to see the ramifications it would have on
the agreement.
City Attorney Boogaard stated that if the developer agreed to an amendment in the future it could be done.
Jeffrey Hale, FN Projects, 11975 E1 Camino Real, San Diego, CA, stated the developer was interested in the
agreement being approved and it was his understanding that the Mayor's interest was to stimulate an
interest on the part of both the Community Development Department and the developers to partner with
non-profit organizations for the development of low-income housing. It was his understanding that their
responsibility was to provide thirteen units of low income housing or $301,000 for the purpose of
subsidizing said units. Either option was available under the agreement and they could, if possible, identify
a non-profit organization and do some type of partnership arrangement. He did not propose that without
looking at it in more detail. Their concern was that low income households would end up clustered in one
or two buildings within a townhome area. The way the agreement was drafted it would allow the spread
of low income units throughout the townhome and condominium area in Salt Creek I.
Mayor Nader questioned whether the developer could accept the adoption of the agreement as presented
with the proviso that the proposed amendment could be added at any time. It would be with the
understanding that the implementation of the amendment would be optional to the developer.
Mr. Hale responded that based on a review by staff and with response back to Council he could accept it.
AMENDME/qT WITHDRAWN: (Nader)
AME/qDMF2~ TO RESOLDTIOlq 16699: (Nader/Rindone) Council at a later time may give the developer
the option to achieve the low income housing requirement through parmership with a non-profit entity to
achieve the low income ownership. Approved unanimously.
VOTE ON RESOLUTION 16699 AS AMENDED: approved unanimously.
18. RESOLLrrION 16660 APPROVING AN AGRI~RMENT WITH FOUR SQUARE VIDEO PRODUCTIONS,
INC. FOR ECONOMIC DEVELOPIvlElqT PROMOTIONAL VIDEO PRODUCTION SERVICES - On 8/28/91,
Council approved the Economic Development Commission's recommended Economic Development Fiscal Year
1991/92 Marketing Plan and related budget, which includes the production of an economic development
promotional video. The purpose of the video is to provide a brief visual overview of local assets and
incentives for businesses to locate in Chula Vista. Staff recommends approval of the resolution. (Director
of Community Development) Continued from the 6/16/92 meeting. Pulled from the Consent Calendar.
Mayor Nader explained that he had contributed and helped raise money for several campaigns in the last
election that Four Square was involved in. He had been advised by the City Attorney that there was no
conflict of interest. He was concerned regarding the inability of one local company to bid on the project and
the City Manager had assured him that he would return with a report. It was another situation where if
action was not taken the money would be lost. There was no question that the contractor was highly
qualified, and he had been assured by staff that it would be done in conjunction with, rather than antirely
in advance of the strategy developed for economic development as the marketing study and economic
development work plan proceeded. Therefore, he would support the resolution.
Minutes
June 30, 1992
Page 6
Councilman Rindone stated the only two companies interviewed were the two highest bidders. There was
no question that the two companies were of high quality but he was concerned with the process utilized in
not looking at the other bidders. For those reasons he could not support staff recommendation.
RESOLUTION 16660 OFFERED BY COUNCILMAN MALCOLM, reading of the text waived, passed and
approved 3-1-0-1 with Rindone opposed and Grasser Horton ab~talnlng.
City Attorney Boogaard stated that the FPPC had released new regulations which did not immunize
Councilpersons as a result of advice given by the City Attorney and he had to advise every time he gave an
opinion on such matters.
19. RESOLUTION 16700 AUTHORIZING THE EXECUTION OF AN EASEMENT ACQUISITION
AGI~PMENT WITH A. VINCENT DAVIES, MARGARET S. DAVIES AND THE THOMAS W. DAVIES E.S~ATE
FOR THE PURPOSE OF ACQUIRING RIGHT-OF-WAY NECESSARY FOR THE OTAY VAt .l_k-y ROAD STREET
WIDENING PROJECT - in order to acquire the necessary right-of-way in the Otay Valley Road Street
Widening Project, the City needs to acquire the easements to the Davies properly identified as Assessor's
Parcel Nos. 624-060-27 and 624-060-38. Staff recommends approval of the resolution. (Director of
Community Development)
20. REPORT AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO ENTER
INTO A FACILITY USE PERMIT WITH THE 4-H YOLFfI-I DEVELOPMENT PROGRAM - During the budget
review session in June 1991, Council expressed a concern regarding City-operated child care. Council
suggested that the City offer the use of recreation facilities and conPact the child care services to an outside
agency. Staff recommends Council accept the report and authorize the start of the licensed child care
latchkey program at Lauderbach Center beginning July 1, 1992. (Director of Parks and Recreation)
Mayor Nader informed Council that he had received a communication from the Vice-Chair of the Child Care
Commission in support of the staff recommendations.
* * END OF CONSENT CALENDAR * *
PUBLIC FIEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
21. PUBLIC HEARING CONSIDERATION OF EASTLAKE I GENERAL DEVELOPMENT PLAN
AMENDMENT, EASTLAKE I SPA PLAN AMENDMENT, ~ I AL'I'IVITY CENTER PRECISE PLAN
GUIDELINES, EASTLAKE I PUBLIC FACILITIES FINANCE PLAN, ~ I PLANNED COMMUNITY
DISTRICT REGULATIONS AIVIEND1VIEaNT, EASTLAKE I AL'I'IVITY CENTER AIR QUALITY IMPROVEMENT
PLAN, EASTLAKE I AUI1v'ITY ~ WATER CONSERVATION PLAN, KAISER MEDICAL CENTER PRECISE
PLAN, KAISER MEDICAL CENTER CONDITIONAL USE PERMIT, AND KAISER DEVELOPMENT AGB RRMENT;
EASTLAKE DEVELOPMENT COMPANY AND KAISER PERMANEN'rE - The proposal is to construct a
1,350,000 square foot Kaiser Permanente Medical Office Center to be located in the City of Chula Vista. Staff
recommends Council place ordinance on tirst reading and approve the resolution. (Director of Planning)
Mayor Nader informed the public that the public hearing had been advertised for 7:00 p.m., therefore the
public hearing would be trailed until that time.
Robert Leiter, Director of Planning, gave a brief inu'oduction of the staff and consultants available to answer
questions.
Minutes
June 30, 1992
Page 7
Bud Gray, Consultant for the project, gave a brief overview of the project. The Kaiser Hospital would occupy
the northerly 30.6 acres of the site. The first precise plan would be the Kaiser Medical Center which had
been reviewed by the Design Review Committee and recommended for approval. A memorandum had been
submitted to Counc~ regarding revised wording for Mitigation Measures 4.3.4.4 and 4.3.4.5 in the various
documents regarding the installation of a mid-block signal on Otay Lakes Road. Staff requested that Council
include the revised wording in the resolutions and various documents when taking final action. The
Planning Commission recommended approval and suggested that Section 1.7.4 of the Development
Agreement be amended to provide "education and training outreach program'.
Councilman Malcolm stated that Council had received all the materials in advance of the meeting for review
and rather than have staff give individual presentations of materials they had already reviewed he would
rather have them address questions and/or concerns the Council had. The development would generate
traffic going in the opposite direction during peak hours which was the type of traffic that the City wanted
to generate, i.e. opposite the normal flow of traffic.
Councilman Rindone questioned whether there was a plan for a transit center or a hook-up to mass transit.
Mr. Gray responded that they had been working with the transit department and the plans called for a
transit center when the demand was generated. There was also a requirement for 144 parking spaces in
the shopping center for Park and Ride. It was currently a condition of the project and in the SPA Plan. It
was anticipated that the transit center would follow the completion of the second phase of the Kaiser project.
Councilman Rindone referred to page 21A-10 regarding low income housing.
Mr. Gray responded that the concern in the EIR was that in 1985 the Village Center area had 405 residential
units planned, 300 aparlanents and 105 senior citizen housing units. When the Kaiser project came forward
it became an inconsistency to continue to try to plan that type of residential development within the Village
Center area. Therefore, EastLake was encouraged to locate those into another area of their project. Since
that particular relocation had not been pinned down with any degree of certainty the EIR had to comment
about the removal of the potential 405 units from the project site. Because of that there was an identifiable
impact under the California Environmental Quality Act. Although it was a technical impact, it would be
rectified in the future when EastLake came forward with additional plans to relocate those 405 units
elsewhere.
This being the time and place as advertised, the public hearing was declared open.
Those speaking in favor of the staff recommendation were:
Pare Smith, 380 Third Avenue, Chula Vista, CA, representing the Social Security Administration
Kent Aden, 900 Lane Avenue #100, Chula Vista, CA, representing EastLake Development
Rev. Bill Armstrong, 1519 Via Hacienda, Chula Vista, CA, representing EastLake Community Church
Roger Cazares, 45 E1 Rancho Vista, Chula Vista, CA, representing the MAAC Project
Scott Mosher, 909 Loma View, Chula Vista, CA, representing the Boys & Girls Club of Chula Vista
Dwight Malone, M.D., 4647 Zion Avenue, San Diego, C_A, representing Kaiser Permanente
Sharon Wallace, 441 Nickman Street, Chula Vista, CA, representing Sweetwater Union High School
Dist.
Batty Jantz, 7835 El Paso Street, La Mesa, CA, employee of Kaiser and Counc~man for City of La
Mesa
Geoffrey Clemmons, 1948 Clearbrook Drive, Chula Vista, CA, EastLake resident
Suzanne Lancaster, 632 Port Trinity, Chula Vista, CA, EastLake resident
There being no further public testimony, the public hearing was declared closed.
Minutes
June 30, 1992
Page 8
Councilman Malcolm felt it was a unique opportunity to create thousands of jobs and be able to handle the
traffic associated with the jobs. EastLake had demonstrated what very few developers would do and that
was become involved in the community.
Councilman Moore felt it was a win/win situation. The City needed to make sure that small businesses
received the same results and just as fast.
Counc~man Rindone stated he supported the project and addressed the proactive stance that EastLake took
in re-examining their approval for the area when the opportunity was presented. It was that type of
leadership from the private sector that contributed significantly to the quality of life in the City.
Mayor Nader stated it should be emphasized that staff had worked together with non-profit and for-profit
private sectors to develop a program to ensure that people in the local labor market would have training and
opportunities to move into those jobs. He felt that was an important and exciting aspect of the project and
commended staff for negotiating a win/win deal and for having done it in a timely manner.
RESOLUTIONS 16701 AND 16702 OFFERED, ORDINANCE 2522 PLAf~-r~ ON FIRST READING BY
COUNCILWOMAN GRASSER HORTON, reading of the test was waived.
Mr. Gray requested the revised language for Mitigation Measure 4.3.4.4 and 4.3.4.S be substituted in the
resolutions and EIR Mitigation Measures and other documents pertaining those Mitigation Measures. In
addition, the Manning Commission recommended specific language in Section 1.7.4 of the Development
Agreement to emphasize "education and training outreach programs" to be carried out by Kaiser.
MSUC (MoorefRindone) to amend the resolutions, EIR Mitigation Measures, and other documents pexlaining
to Mitigation Measure 4.3.4.4 and 4.3.4.5 as recommended by staff;, amend the Development Agreement to
incorporate the recommendation of the Planning Cornmqnsion regarding *education and u'aining outreach
program~*.
VOTE ON RESOLUTIONS 16701, 16702, AND ORDINANCE 2522, AS AMENDED: approved unanimously.
A. RESOLUTION 16701 CER'II~'YING THAT THE FINAL SEIR (92-01) HAS BEEN PREPARED IN
ACCORDANCE WH'H CEQA, THE STATE OF CALIFORNIA CEQA GUIDELINES AND THE ENVIRONMENTAL
REVIEW PROCEDURES OF THE CITY OF CHULA VISTA - The Supplemental Environmental Impact Report
is an analysis of the potential environmental impacts associated with implementation of the proposed
amendment to the EastLake I SPA Plan Amendment and the construction and operation of the proposed
Kaiser Permanente Chula Vista Medical Center, Staff recommends approval of the resolution. (Director of
Planning) This resolution does not require a public hearing but is rdated to the public hearing.
B. ORDINANCE 2522 ADOPTINGANAMENDMENTTO THEF, ASTLAI(I~I PLANNED COMMUNITY
DISTRICT REGULATIONS AND APPROVING THE KAISER DEVELOPMENT AGRRRMFANT (first readiny~
C. RESOLUTION 16702 APpROVINGTHEEASTLAKEIGENERALDE'VELOPMF. NTPLAN, F. AS'II,AKE
I SPA PLAN AMENDMENT, EASTLAKE I At;HVITY CENTER PRECISE PLAN GUIDELINES, / I
PUBLIC FACILITIES FINANCE PLAN, EASTLAKE I ACTIVITY CENTER AIR QUALITY IMPROVEMENT PLAN,
EASTLAKE I ACTIVITY (INTER WATER CONSERVATION PLAN, KAISER MEDICAL CF_aNTF. R PRECISE PLAN,
KAISER MEDICAL CENTER CONDITIONAL USE PERMIT, CEQA FINDINGS, MITIGATION MONITORING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATION FOR / I/KAISER PROJECT
Minutes
June 30, 1992
Page 9
22. PUBLIC HEARING CONSIDERATIONOFESTABLISHINGUTILITYDI~q'KICFNUMBER1220N
FOURTH AVENUE FROM *E" STREET TO A POINT APPROXIMATELY 100 FEET SOUTH OF STATE
HIGHWAY 54 - On 4/28/92, Council ordered a public hearing to be held on 6/23/92, to determine whether
the public health, safety, or general welfare require the formation of an Underground Utility Distzict on
Fourth Avenue between "E" Street and a point approximately 100 feet south of State Highway 54. Staff
recommends approval of the resolution. (Director of Public Works) Continued from the 6/23/92 meeting.
Councilman Rindone stated he had abstained during the hearing last week and would abstain again due to
the proximity of his home to the proposed district.
John Lippitt, Director of Public Works, stated the single family dwellings on 161 N. 4th Avenue were not
proposed to get a reimbursement from SDG&E for undergrounding their property. Council had also
requested that staff check to see if the proper~ could be accessed from Glover. SDG&E reviewed the
situation and indicated that it would cost them more to connect from Glover than to go ahead with the
district. The current resolution providing help to single family residential properties should be expanded
to allow single family ownership also.
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 16683 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived.
Mr. Lippitt stated that if the ordinance needed to be revived, staff would return with the amendments for
Council approval. It would take approximately one year to establish the district,
VOTE ON RESOLUTION 16683: approved 40-0-1 with Rindone abstaining.
RESOLUTION 16683 ESTABLISHING UNDERGROUND UTILITY DlbrrKICT NUMBER 122 ON
FOURTH AVENUE FROM *E" STREET TO A POINT APPROXIMATELY 100 FEET SOUTH OF STATE
HIGHWAY 54 AND ALFI~ORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE SINGLE
FAMILY RESIDENTIAL SERVICE LATERAL CONVERSIONS
23. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DLS-rRICT
NUMBER 124 ON OTAY VAIJ.EY ROAD FROM OLEANDER AVENUE TO NIRVANA AVENUE - On 6/9/92,
Council ordered a public hearing to be held on 6/30/92 to determine whether the public health, safety, or
general welfare require the formation of an underground utility district on Otay Valley Road from Oleander
Avenue to Nirvana Avenue. Staff recommends approval of the resolution. (Director of Public Works)
John Lippitt, Director of Public Works, stated the public hearing was for the implementation as per Council
direction to establish the underground utility district. Everyone in the district was already underground and
there would be no charge to any property owner.
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 16703 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and
apprnved unanimously.
RESOLIJTION 16703 ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 124 ON
OTAY VALI.EY ROAD FROM OLEANDER AVENUE TO NIRVANA AVENUE
Minutes
June 30, 1992
Page 10
24. PUBLIC HEARING CONSIDERATION OF ADOPTING A RESOLUTION OF NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY
V.AI.I.Ry ROAD STRF~T WIDENING PROJECT - A public hearing is necessary for the Council to deliberate
upon the request to adopt the Resolution of Necessity to acquire the remaining proper'o/fights through
eminent domain for the public right-of-way which is necessary for the construction of Otay Valley Road
improvements. The Cit~/s acquisition consultant was successful in reaching agreement with all but four
property owners covering five parcels which are the subject of the resolution. Staff recommends approval
of the resolution. (Director of Community Development) 4/Sth's vote required. Continued from the
6/16/92 meeting.
This being the time and place as advertised, the public hearing was declared open.
Leonard Teyssier, 3200 B4-2 Highland Avenue, National City, CA 91992, representing Atomic Investments
Inc., owners of parcel S occupied by PacBell, stated that his attorney would be making certain objections
but they would continue to work with staff in resolving the issue.
Charles L. Deem, 401 B Street, San Diego, CA 92101, representing Atomic Investments, Inc., objected stating
that the public interest and necessity did not require the project, the project was not planned or located in
a manner that was most compatible with the greatest public good and the least private injury, and that their
particular property was not needed for the project. They were willing to continue to work with staff in
resolving the matter.
City Attorney Boogaard stated that staff had prepared an administrative staff report for the record. The
purpose was so Council would have the proper administrative record in evidentiary basis before them to
make the decision. He was trying to insulate against any legal risk associated with an attack on the basis
of right-to-take.
Councilman Malcolm requested that it be made part of the Council's record prior to the hearing in the
future.
Lyle Haynes, Principal Community Development Specialist, read the administrative staff report.
City Attorney Boogaard requested that Council accept the administrative staff report and the EIR as part of
the administrative record.
Mayor Nader ordered that the administrative staff report and EIR be made part of the record.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 16644 OH-ERED BY COUNCILMAN MOORE, reading of the text was waive&
Mayor Nader questioned why the item was before the Council and not the Agency.
City Attorney Boogaard responded that it was a road widening project with a municipal purpose broader
than the redevelopment area. The Agency would be making financial contribution to the assessment district
but it was primarily a municipal function.
Mayor Nader questioned that if reimbursement was received for part of the project, including the acquisition,
from some other source if there was a mechanism for distributing a reimbursement to property owners in
the assessment district.
Minutes
June 30, 1992
Page 11
Mr. Lippitt stated that the report approved last week included a mechanism, whereby reimbursements
coming back to the district would be distributed amongst the property owners.
Mayor Nader questioned whether the parcels would be needed if the roadway was widened only to four
lanes.
Mr. Lippitt responded that they would be needed but not to the full extent.
Mayor Nader stated that as the City proceeded with the district that staff and Council would be looking for
ways to fred funds to reimburse a portion to the property owners in the district. He felt the property was
necessary but also felt they were imposing a burden on the district.
VOTE ON RESOLUTION 16644: approved unanknously.
RESOLUTION 16644 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY
VALLEY ROAD STREET WIDENING PROjECT ALONG OTAY V.~l.lgy' ROAD BETWEEN INTERSTATE 805
AND THE F_ASTFJlN BOUNDARIES OF THE CITY OF CHULA VISTA
25. PUBLIC HEARING CONSIDERATION OF CH'Y-INITIATED AMF. NDlVlENTS TO THE PUBLIC
FACILITIES F.I.F. MENT OF THE GENERAL PLAN LMPLEIVIENTING AND SUPPLEMENTING THE APPROVED
COUNTY OF SAN DIEGO HAZARDOUS WASIE MANAGEMENT PLAN (COHVV1VIP) - The proposed
amendments are intended to fulfill requirements of state law for the adoption of local provisions for the safe
and effective management of hazardous waste consistent with those of the COI-FvVMP. Staff recommends
approval of the resolution. (Director of Planning)
Ed Batcheider, Assistant Planner, gave a brief background of the development of the plan and required
guidelines. Staff would retum with necessary implementing amendments to the zoning ordinance which
would establish procedures to the conditional use permit process for evaluating hazardous waste facility
applications. The Planning Commission activities and recommendations were on the alias for Council review.
Greenfield Environmental had requested that the Planning Commission delay action based on what they
alleged was improper noticing of the hearing. Upon the advice of the Assistant City Attorney, who indicated
that the noticing was done properly, the Planning Commission held but decided to continue the hearing to
allow Greenfield the opportunity for additional review. The continued hearing was held on 6/29/92 at
which time the Commission unanimously voted to recommend approval of the amendments to the General
Plan.
City Attorney Boogaard requested that Mr. Batcheider pass the Planning Commission recommendations
through the Council to the City Clerk. He requested that the Planning Commission Resolution be made part
of the record in the proceeding.
Mayor Nader ordered that the Planning Commission Resolution be made part of the record.
This being the time and place as advertised, the public hearing was declared open.
Mayor Nader stated he had not received any 'Request to Speak' forms from the public. He specifically asked
ff representatives from Greenfield, Appropriate Technologies II, or BKK were present wishing to speak on the
item. He informed Council that he had received a fax that afternoon from Greenfield indicating their
objection to the moratorium extension which was adopted earlier in the meeting as Item 6 on the Consent
Calendar, but raising no objections to the item currently being considered.
Minutes
June 30, 1992
Page 12
There being no public testimony, the public hearing was declared closed.
City Attorney Boogaard requested that Mayor Nader recognize for the minutes that no member from
Appropriate Technologies, Greenfield Environmental, or BKK came forward and that the letter of 6/30/92
referencing Item 6 on the Agenda did not constitute part of the record for Item 25.
Mayor Nader ordered that the City Attorney's request be made part of the record,
RESOLUTION 16704 OFI, mlED BY MAYOR NADER, reading of the ten was waived, passed and approved
unanimously.
RESOLUTION 16704 ADOPTING THE PROPOSED GENERAL PLAN AMF2~MLNT, AND
DIRECTING STAFF TO PREPARE THE NECESSARY IMPLFMF2CFING ORDINANCIi(S)
26. PUBLIC HEARING CONSIDERAT]ON OF AN INCREASE IN THE SEWER SERVICg CHARGES
AND MODIFICATION OF THE RATE slRUCTURE - As a member of the San Diego Metropolitan Sewerage
System (Metro), the City is required to participate in its operation, maintenance, and upgrade program. San
Diego has recently increased its estimated revenue requirements for FY 1992/93, resulting in a need for
increased sewer sentice charges. Staff recommends approval of the resolution. (Director of Public Works)
Councilwoman Grasser Horton questioned why the City of E1 Cajon did not reflect an increase.
John Lippitt, Director of Public Works, responded that the information was not available as to when they
would have an increase and they had opposed the special act district formation and paying any charges
against the clean water program. There was curTen~y a dispute between the City of San Diego and the City
of E1 Cajon.
Mayor Nader referred to a schedule of fee increases that had been presented to Council approximately two
years ago and questioned why the rates were jumping higher and faster than originally projected.
Mr. Lippitt responded the main reason for the jump was the amount of financing the City of San Diego was
doing. San Diego was doing more out of cash than originally anticipated. By paying more cash up front
it was hoped that the cost would not be as high at the end.
Mayor Nader felt it would be wise to revisit the issue after the joint workshop to be held later in the summer
with other southbay cities regarding sewer service options.
Councilman Rindone requested that in the future staff consider making their recommendations the essence
of the resolution. He referred to the lack of response by the City of E1 Cajon and questioned what potential
long term consequences they, or any other city, could face by not adjusting them now.
Mr. Lippitt responded that if the fees were not raised the City could suffer very steep increases in the future
depending upon the action taken. Over the last three years the City had been generating a reserve.
Councilman Rindone noted that with the additional increase being recommended to abate the potential costs
and to protect the long term interests of Chula Vista, the fiat single-family fee would still be lower than the
other cities surveyed. In addition, the City of Chula Vista would have the third lowest rate in the County
of San Diego.
Minutes
June 30, 1992
Page l3
Mayor Nader requested that staff, possibly in conjunction with the workshop to be held during the summer,
provide more information on how the City of E1 Cajon was managing to continue to receive service while
they paid less than the charge for the service.
This being the time and place as advertised, the public hearing was declared open.
Scott Himelstein, 635 C Street, #403, San Diego, CA, representing the San Diego County Coin Laundry
Association, informed Council they had just been made aware of the item and therefore did not have a lot
of time to respond. They understood the need to pass through the costs but due to the economic dim ate
the increase would be quit hurtful to the businesses. The businesses would also have to pass through the
costs to their customers. They looked forward, in the future, to communicating a little more with Council
and/or staff on how some of the increases could possibly be avoided.
There being no further public testimony, the public hearing was declared closed.
Councilman Moore noted that the City did not own the system but was under contract. It was also an old
system that needed updating and there was a mandate on the owner, the City of San Diego, to change the
rules and requirements. He felt it important to note that the City of Chula Vista did not make a profit on
the fees.
RESOLUTION 16705 OFFERED BY COUNCILMAN MOORE, reading of the text was waived.
Mayor Nader stated it was true that the City did not realize a profit on the increase, He had serious
concerns in adopting the resolution at the time due to the uncertainty of the ultimate direction the City of
San Diego and the Metro II system would take and the costs involved. There was also uncertainty as to
whether the City would ultimately choose to participate and whether there were more efficient and effective
alternatives available to the City.
SUBSTITUTE MOTION: (Nader) defex consideration of the item until after tile workshop, to be held this
Slimmer, inVitillg Other southbay cities to participate. Motion died for lack of second,
Mayor Nader questioned whether the low-income sewer rate would be raised also.
Mr. Lippit~ responded that the low-income rate would be raise but would still include the 30% reduction.
Councilman Rindone stated that not to raise the fees at this time could be foolish in the long run. Staff had
brought forward a reasonable approach and it needed to dealt with properly.
VOTE ON RESOLUTION 16705: approved 4-1 with Nader opposed.
Councilman Moore referred to the study that had been prepared for the Council regarding the sewer system
and felt an alternatives should be presented at the joint workshop regarding the recommendations to remove
the sludge and put it in the Otay landfill and that the ouffall should go to the southbay ouffall.
RESOLUTION 16705 APPROVING AMENDMENT TO MASTER FEE SCHEDULE ON SEWER
27. PUBLIC HEARING CONSIDERATIONOFREQUESTBYLAIDLAWWASTESYSTEMSFORRATE
INCREASE - S~lff recommends Council open the public hearing and continue to the Council meeting of July
21, 1992. (Director of Finance)
Minutes
June 30, 1992
Page 14
This being the time and place as advertised, the public bearing was declared open.
MS (MalColm/Moore] to continue the public hearing to the meeting of July 21, 1992.
Council recessed at 8:11 p.m. and reconvened at 8:19 p.m.
Councilman Rindone stated he was surprised to see that the public hearing had been set. He reminded staff
that on 8/27/91 Council had agreed to review the rate of return for haitilaw and review how they compared
on competitive bidding. Staff was directed at that meeting to work with haidlaw regarding audit review,
rate of return, and confidentiality agreement. He felt that needed to be addressed before the public hearing
was held.
Lyman Christopher, Director of Finance, responded that they had met with Laidlaw over the past several
months and it was their intention to address those issues during the scheduled public hearing for the rate
increase. Laidlaw had been asked for financial information that could be made public, including rate of
return, and they had indicated that they would provide information that could be provided to the Council.
VOTE ON MOTION: apprnved unanimously.
28. PUBLIC HEARING CONSIDERATIONOFREVISIONSTOCHAFFERS.20OFTHECHULAVISTA
MUNICIPAL CODE, THE CARDROOM ORDINANCE - On 4/28/92, Council heard public testimony related
to several proposed changes to Section 5.20 of the Municipal Code known as the Cardroom Ordinance. As
a result of that discussion, staff was directed to prepare draft revisions to the ordinance for Council review
and to schedule a public hearing. Each of the six Cardroom Ordinance revision issues specified by Council
are addressed in the report. The proposed changes are intended to assist local cardroom operators in
remaining competitive with other county gambling centers while maintaining the City's philosophy pertinent
to gaming issues. St~ff recommerld$ Coullcil continue the public hearing to the meeting of July 21, 1992.
(Chief of Police) Continued from the 6/2/92 meeting.
MSUC ~Nader/Moore) to continue the public hemiug to the meeting of July 21, 1992.
ORAL COMMUNICATIONS
None
ACTION ITEMS
29.A. RESOLD'T]ON 16706 AUTHORIZINGVARIOUSAPPROPRIATIONSOFFUNDSFORASSESSMENT
DISTRICT NUMBER 90-2 (OTAY VAIJ .Ey ROAD) - On 4/8/92, bids were received for 'The Improvement of
Assessment District 90-2 (Otay Valley Road) from 1-80S to 1,200 feet east of Nirvana AvenueN. Since the
Council established the Otay Valley Road Assessment District 90-2, it is now appropriate to award the
construction contract for the first phase of the project. In order to award the construction contract, it is
necessary that the bond funds for the contract be assured. The approval of the bond sale agreement,
preliminary official statement, and bond indenture fulfill that requirement. Staff recommends approval of
the resolutions. 4/Sth's vote required. (Director of Public Works and Director of Finance)
Councilman Rindone questioned whether they were municipal bonds and why the quoted rates were so high.
Minutes
June 30, 1992
Page 1S
Lyman Christopher, Director of Finance, stated that the range indicated was close to the percentage for the
most recent bond sale, i.e. 7.3%. The bond sale would not occur for thirty days. Assessment district bonds
were not rated.
Councilman Malcolm questioned whether staff had looked a enhancing the bonds with some type of
insurance.
Mr. Christopher stated that issue was always looked at when doing a bond issue, Historically and
traditionally it was common practice not to get a rating for assessment district bonds. He was unaware of
any issues that had ever been insured. It would be a negotiated sale with Stone & Youngbird. Competitive
bids were not sought because it was not a typical assessment district formation, it had complex problems
associated with the formation of the district and the structure of the bond issue. Therefore, it was better
to get the underwriter involved initially when forming the assessment district than to wait until the end and
have a public or competitive sale.
Mayor Nader stated that he had concerns regarding the scope of the overall project in relation to the people
being assessed. He questioned whether the resolutions were time sensitive or if they could be continued.
Mr. Lippitt responded that the contract had to be awarded by 6/30/92 in order to receive the SB300
contribution. Council also needed to appropriate the funding.
Councilman Malcolm stated that everyone had concerns but his colleagues had made a difficult decision and
did not feel there was any choice regarding the resolution or a purpose for a delay.
RESOLUTIONS 16706, 16707, AND 16708 OFFERED BY COUNCILMAN MALCOLM, reading of the text was
waived.
Mayor Nader agreed with Councilman Malcolm and stated that he would vote for the resolutions with
reluctance. He did not appreciate having to vote for an item with undue eonsideration because of the timing
involved.
VOTE ON RESOLUTIONS 16706, 16707, AND 16708: approved unanimously.
MS (Malcolm/Grasser Horton) to direct staff to respond to the comments made by Ms. Gregory and Mr.
Cushman and bring back a report regarding further evaluation as to whether the assessments were correct.
Councilman Rindone did not feel that the evaluation should be restricted to only the two property owners
in the motion, but any property that needed reassessment.
C;ouncilman Malcolm stated that was the intent of his motion.
Mr. Lippitt stated that Mr. Teyssier's propetty would also be evaluated.
VOTE ON MOTION: approved unanimously.
Mayor Nader stated that he was concerned that the assessments were rather steep and questioned whether
it would be advisable to have a voluntary group of assessed property owners formed which could review
proposed work and contracts and provide their ongoing input to staff and Council slnee it was their money
being spent.
Mr. Lippitt responded that there was a project area committee which met with the Redevelopment staff and
addressed many of the issues in the Otay Valley as well as that pro,/ect.
Minutes
June 30, 1992
Page 16
Mayor Nader requested that "routine notice and opportunity for property owners to look at proposed
contracts and scope of work prior to approval by staff and Council and to offer their comments" be placed
under his comments for the next meeting. He did not necessarily want a new committee with staffing
formed but felt their input would be valuable.
Councilman Moore questioned whether the Mayor was addressing future assessment districts.
Mayor Nader stated he was addressing future work and contracts in the assessment district with notice to
property owners being assessed and an opportunity to offer comments before f'mal approval was made or
contracts approve&
Councilman Moore expressed concern that it would result in the redoing of the district. That type of
information should have been received in year one of a five year project, not the sixth year of a five year
project.
Mayor Nader stated he did not want it to be a matter or renegotiating the spread of assessments but wanted
to look to see if there were ways of getting things done more cost effectively.
B. RESOLUTION 16707 AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN
PUBLIC WORKS IMPROVEMENTS IN ~SMENT DI~-rRICF NUMBER 90-2 (OTAY VAIJ.k'~Y ROAD)
C. RESOLUTION 16708 AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND
INDENqlJRE, BOND PURCHASE CONTRACT AND PREI~MINARY OFF] CIAL STATEMENT FOR ASSESSMENT
DISTRICT NUMBER 90-2 (OTAY VAI.t.I~Y ROAD)
30. REPORT FORF_.ST CONSERVATION INITIATIVE - Council directed staff to bring back
a report for consideration for the purpose of supporting placing the Forest Conservation Initiative on the
County ballot for a vote of the electorate. Staff recommends Council accept the report and take no position
on the Forest Conservation Initiative. (Administration)
Aldo Vidali, 4364 Bonita Road, Bonita, CA 91902, representing Wilderness Teams, stated he was in support
of preserving the most important environment piece of real estate left in San Diego County for the future
generations. He urged Council to support the initiative.
Duncan McFetridge, Descanso, CA, President of Save Our Forest and Ranchlands, urged Council to reject the
staff recommendation and adopt Option 1 of the staff report, "support in the form of a letter to the
Chairperson of the Board of Supervisors, a request by the Forest and Ranchland Committee to place the
Forest Conservation Initiative on the ballot for a vote of the electorate".
Mayor Nader questioned whether the current County action or the initiative would result in a lower density
for the land in question.
Barbara Bamburger, Environmental Resource Manager, responded that the action taken by the County
affected the Central Mountain Plan area but the other eight community planning areas would not be
affected. The overall density would be higher without the initiative.
Mayor Nader referred to page 30-5 of the staff report and questioned if the County would lose state revenues
if their action was left standing or whether the County could change their action if found to be out of
compliance and therefore regain their reimbursement.
Ms. Bamburger responded that if the state deemed that the County was not following the Williamson Act,
then they could make the decision that they would not reimburse the County. There was a question as to
Minutes
June 30, 1992
Page 17
whether the County's decision on the Central Mountain Update would or would not affect the state
reimbursement. It was her understanding that it would be mo late at that point.
MS (Malcolm/Grasser Horton) to approve staff recommendation, 'the City o[ Chula Vista take no position
on the Forest Conservation initiative and make no recommendation to the Board of Supervisors on placement
of the initiative on the ballot'.
Councilman Malcolm stated that Supervisor Bilbray had urged Council to support the staff recommendation
and a referral.
Councilman Rindone felt that the passage of the motion could be misinterpreted as the intent of the Council
and he would be uncomfortable for that reason.
SLI'Bb'ffl L1TE MOTION: CRindone/Nader) to approve Option 3, 'recommend that the language of the
initiative be forwarded onto the SANDAG Regional Growth Management Strategy Committee to integrate
as part of the overall growth management plan*.
~MENT TO SUBSTITUTE MOTION: (Moore) to ehange the word 'integrate' to 'consider'. Motion died
for lack of second,
VOTE ON SUB,S'~TUTE MOTION; approved 4-1 with Moore opposed.
Mayor Nader stated that he understood the Couneil's hesitancy of taking a formal position on an initiative
but as an individual he endorsed the objectives of the initiative.
31. RESOLUTION 16655 APPROVING AGRRF-MENT TO PURCHASE LAND FROM OTAY RIO
BUSINESS PARK FOR A NEW CITY CORPORATION YARD AND APPROPRIATING FUNDS - One of the
approved projects in the Public Facilities DIF is the building of a new Corporation/Transit Yard. The original
plan was to site the Yard in Sunbow II. Recently, an altemate site became available in the Otay Rio Business
Park. Council approved the purchase of this site, and staff has negotiated a purchase agreement with the
owner. Staff recommends approval of the resolution. (Director of Public Works) 4/fth's vote required,
Continued fi-om the 6/9/92 meeting.
RESOLUTION 16655 OFFF, KF.D BY COUNCILMAN MOORE, reading of the terc was waive&
Councilman Malcolm felt staff had done a good job and negotiated a good deal. He questioned whether
Council should proceed now in light of potential budget cuts. He expressed concerns over the City being
in the land banking business. The question was whether the timing was fight. Action by Council would
allow the City to enter into an agreement.
Dave Byers, Assistant Public Works Director/Operations, responded that nothing would happen on the
project before the City was aware of what the budget cuts would be.
City Manager Goss stated that the City would eventually have to move in that direction and it was a really
good land buy. Money was set aside for that type of acquisition and it would not impact the general fund
or be affected by the state budget crisis. He felt it was a better location which would make operations more
efficient. Based on what could be done by law he did not see a shifting of funds that would decrease the
number of people there.
Councilman Malcolm questioned whether the current property was owned by the general fund.
Mr. Byers responded that a small portion would be paid back to the public facilities development impact
fund but the majority would be paid to the general fund.
Minutes
June 30, 1992
Page 18
.d
Councilman Moore stated that transit would pay its fair share and those revenues were available this year.
Whether the present lot was leased or sold he felt it should be pursued simultaneously. There was a large
public entity wishing to move adjacent to the new yard which could help to reduce the costs to both entities.
If Counc~ delayed on action that could be a missed opportunity.
Mayor Nader questioned whether staff had pursued a joint use option with the school disuict.
City Manager Goss responded that the Director of Planning for the Sweetwater District had stated verbally
and followed-up with a letter their general interest in pursuing that option.
Mayor Nader stated he was not certain that Councilman Malcolm's concerns were addressed. He also had
concern regarding the complete removal of the operations to that location was warranted. He was not sure
that the City should move ahead.
Councilman Rindone felt the Council should look at what was in the best interest of the City. The School
District was interested but they were in a worse fiscal position than the City was.
VOTE ON RESOLUTION 16655: approved 't-1 with Nader opposed.
32. REPORT REGARDING FUNDING FOR THE NATURE INIERPRETIVE CENTER AND
THE I~RIATIONSHIP OF THE BAYFRONT CONSERVANCY TRUST TO THE CITY AI~ REDEVELOPMENT
AGENCY - The report addresses questions raised by Council which included: funding sources for the NIC,
loans made to the BCT, methods of repaying loans by the BCT, and the relationship of the BCT to the City
and Redevelopment Agency. Staff recommends Council approve the various recommendations in the report.
(Deputy City Manager Thomson)
Mayor Nader referred to Recommendation 3 of the staff report, utilizing approximately $200,000 of the
proposed Kaiser development agreement fund, and did not remember Council discussing that in the past.
City Manager Goss responded that the Kaiser funds would supplant the general fund monies which could
then be used for other general fund purposes.
Councilman Malcolm felt the NIC was a luxury item and by the end of the 1995/96 budget year they would
owe the City $4,174,167. He did not feel there was any way that the City would ever get that money back.
He felt that Dr. Neudecker needed to take a more aggressive role in obtaining outside funding. Somewhere
along the line the Counc~ needed to cut the funding down each year unt~ it was zero funding.
MSUC (Moore/Malcolm) to approve the five staff recommendations listed in the staff report_
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ITEMS pLn.LRF~ FROM THE CONSENT CALRNDAR
Items pulled: 13, 17, and 18. The minutes will reflect the published agenda order.
Minutes
June 30, 1992
Page 19
OTHER BUSINESS
33. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. As per Council policy there would be no meetings the first two weeks of
July. The next regularly scheduled meeting would be on July 21, 1992.
b. Status report on San Marcos landfill. The County had been trying to increase the capacity of the
landfffi by a vertical expansion of 200 feet which would add approximately 5-7 years of life. There was a
challenge on a portion of the EIR relating to water quality which prevailed in court last week. There was
a major concern to t~y to keep the landfill open as long as possible because of the possibility of diversion
to the south county. The other concern was that ff San Marcos closed the reopening was highly unlikely
and a permanent replacement could not be immediately expected. Therefore, the diversion could possibly
be permanent. The County Board of Supervisors are review their options with the proposed closing date of
10/1/92. The City was also looking to see ff there was any legal action they could take. Weekly meetings
were being held and he would keep the Council informed.
Councilman Malcolm stated that the County had admitted that it would take approximately six months to
one year to correct the problem with the EIR. If that was the case the landfill would be closed and diversion
would come to Chula Vista. He wanted to direct staff and the City Attorney to give Council their legal
ramifications to the City.
MS (Malcolm/Rindone) direct staff to look into alternate sources, i.e. landfills including the Campo landfill,
as well as all legal remedies available to the City of Chula Vista.
Councilman Moore expressed concern that the motion did nor go far enough. He felt at least one member
of the Council should work with staff in working with other elected officials in reviewing alternatives. A
letter should be drafted to the state and signed by all eighteen cities.
Councilman Malcolm stated that until the Council understood their legal rights and alternatives it would
be difficult to form a solution.
VOTE ON MOTION: approved tmanimously.
c. Update of state budget crisis. There were now about four or five different options being offered
regarding the state budget. It was his belief that there would be a $1 to $1.5 million impact upon the City.
Based on the action taken in adopting the budget, any new positions in the budget were on hold
temporarily, a hiring freeze had been instituted with the exception of public safety positions, and
departments were developing revised budget proposals. The City would be losing money if the state
proceeded as they were contemplating and it appeared that FY 1993/94 would be very difficult.
Councilman Moore stated that his motion, when approving the budget, was that there would be no
additional hiring or major equipment purchases. He felt that the motion should be amended to exclude
police officers.
City Manager Goss stated he interpreted the motion to mean the new hires included in the budget.
Councilman Moore stated that the City Manager had interpreted the motion incorrectly.
City Manager Goss stated if that was the intent of the motion there was a problem because within the
existing budget there were several vacancies in the police department. It took six months to get an officer
Minutes
June 30, 1992
Page 20
in the field and there was an academy in July. Therefore, individuals would have to be selected within the
next several days.
MSUC (Nader/Moore) to find that an emergency existed and Council needed to consider granting the City
Manager authority to hire public safety personnd for p~fing positions.
MSUC (NaderfMalcolm) give the City Manager the authority to approve hiring to replace vacancies
(positions ~d~ting prior to the adoption of the FY 1993 budget) within public safety rdated positions.
34. MAYOR~J REPORT(S)
a. Mayor Nader stated he had traveled to Mexico and met with several high ranking officials to discuss
the airport issue. Although not prepared to discuss details, they were working on a joint announcement that
would be made regarding the outcome of the meetings. In Houston he artended the U.S. Conference of
Mayors where a resolution was adopted requesting that the state endeavor to solve its budget problems
through state budget cuts and closure of state tax loopholes. There was also a memo, which he drafted,
suggesting a number of examples of how the state could reduce costs to both the state and city governments.
At the Public Safety Committee meeting at the League of Cities in Ontario there was discussion regarding
a life imprisonment amendment for drug dealers. A resolution would be submitted at the League Conference
m put a bond issue on the ballot for the voters consideration to build generic no frills prisons for drug
dealers and to couple that with a life sentence.
35. COUNCIL COMMENTS
Councilman Malcolm:
a. Discussion of AB 3734 (Hauser) Air Pollution Control Districts (APCD). Updated information will
be forwarded to Council.
Councilman Rindone:
b. Update on meeting of Mayors regarding proposal on administration of the San Diego Port District.
It was his understanding that the initial reaction of the Mayor was that he was supportive of the legislation
as long as the measure allowed the option to change the governance of the Port and not be solely restrictive
to elected officials. Upon further review he felt the Council needed to look at the legislation.
City Manager Goss stated the City of San Diego had passed on proposed legislation that would require their
three commissioners be members of the City Council. In the other four cities it was optional.
Councilman Malcolm felt it was a rip-off. The land belonged as much to the people of the State of California
as it did the people of Chula Vista. The Pores money should be spent cleaning up the water quality of the
bay before the cities started taking it away. He felt the system was working well for the City of Chula Vista
and the minority communities in the southbay. The cities should stick together and not let the City of San
Diego dictate what was going to be done. He felt each southbay city should be urged to oppose any change
in the make-up of the Port.
MSUC (Malcolm/Moore) to oppose any legislation changing the method of appointing Port commissioners.
Minutes
June 30, 1992
Page 21
Mayor Nader stated the benefits for the City from the Port were still in the works and it was the worse
possible time for the southbay to look at gutting the Port. He felt that if a city was expending money to
provide service to the Port it was reasonable to expect reimbursement.
c. Policy prohibiting use of City owned vehicles by City employees for personal use. Continued from
the 6/16/92 meeting. It had recently come to his attention that there was a practice in the City which
allowed employees authorized to use City vehicles to also use them for personal mileage. During difficult
times he felt it was a practice that needed to be looked at very carefully. No one was making an allegation
that any employee was doing anything inappropriately but as a general rule and practice public agencies
did not have an open check book which allowed unlimited personal mileage on the vehicles. If it had been
included as part of a compensation package there were other options that could be provided. He was not
questioning the individuals but the policy itself. The two issues of concern were: 1) practice of how
employees were compensated, better controls, and better defined; and 2) types of vehicles purchased. He
would not support the use of unlimited mileage in City vehicles.
Councilman Malcolm stated he was on the subcommittee negotiating the City Manager's contract and part
of his compensation was the use of a City vehicle for personal use. He felt it was an obligation that the
Council needed to live up to. He agreed that the Council should review the policy, types of ears, and rules
and regulations. A commitment had also been made to the Mayor and it was fully disclosed to the voters
of the City of Chula Vista. He would like to challenge Councilman Rindone to bring forward a policy for
Council review and start working out of the current situation. To take away what had been committed by
previous Councils should not be done.
MS {Rindone/Moore) to direct staff to come back with recomrnendatious dealing with proin'biting the use
of City owned vehicles by City employees for personal use with the exception of public safety employees and
guidelines on the types of vehicles purchased and made available to those employees receiving that bentilt.
Councilman Malcolm stated he would like to see a policy but would vote against the motion because he felt
the City Manager, City Attorney, and Assistant City Manager were just as important as the Chief of Police,
etc. He would like to see a policy brought forth with refinements made at that time.
Councilman Rindone stated that was acceptable as it had the intent of achieving the elimination of private
use of public vehicles and addressing the type of vehicles.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
Councilwoman Grasser Hotton:
d. Clarification of proposal for second Veteran's home in the City of Chula Vista. In April Council
supported a Veteran's home in the lower Sweetwater area and it was presented to Council that in order for
Chula Vista to be considered it had to be site specific. A hearing had been held and she was informed that
sites had been donated by other cities for the project. Her concern was that Mr. Elliot had proposed a 600
unit development in the lower Sweetwater area and Council had not had due process on it as of yet.
Considerable staff time was being spent on a project that had been placed with low priority.
City Manager Goss responded that staff had been authorized to assist them with their application to appear
before the state board. The Mayor and Mr. Salomone attended the meeting and received the input that the
Board did not like public/private partnerships and realized that would be the end of the project.
Minutes
June 30, 1992
Page 22
Mayor Nader stated that although Chula Vista was not recommended as one of the top sites, they were not
at the bottom of the list. To his knowledge no staff time had been spent on the project since that hearing.
He was attempting to contact the Chairman of the Commission in order to discuss the outcome of the
hearing.
ADJOURNMENT
The City Council met in a closed session at 11:02 p.m. to discuss:
City Attorney Boogaard informed Council that staff needed to consult with Council as to whether they
wanted to institute litigation in a matter involving the Appropriate Technologies facility resulting from the
County lease.
Mayor Nader questioned whether the necessity for the closed session arose based on information received
that morning, therefore an emergency existed.
City Attorney Boogaard responded that Mayor Nader was correct.
MSUC (Nader/Moore) to find that an emergency ~ted and place potentinl litigation involving the
Appropriate Technologies H facility on the agenda for dosed session.
City Attorney Boogaard stated that another matter that arose today was that the Sweetwater Union High
School District awarded a conl~act for trash hauling. There was the potential that a non-franchised hauler
would be hauling trash in the City and he needed to consult with the Council regarding potential litigation.
MSUC (Nader/Moore) to find that an emergency existed and place potential litigation involving the trash
franchise agreement on the agenda for dosed session.
Acquisition of property - pursuant to Government Code Section 54956.8:
Assessor's Number Address Owner
622-030-16, 26, 27, and 735 Second Avenue Iwashita, Kaorn & Lilly
622-041-17
622-030-09 1364 Broadway Hernandez, Mary &Raymond
622-030-22 76 Prospect Sweet Vasquez, Allredo
Potential litigation pursuant to Government Code Section 54956.9 - Clean Water Act Litigation as Friend of
the Court for the purpose of keeping the Otay Water Reclamation Plan on schedule.
ADJOURNMENT AT 11:35 P.M. to the Regular City Council Meeting on July 21, 1992 at 6:00 p.m. in the
City Council Chambers.
A Special Joint City Council/Redevelopment Agency meeting convened at 10:53 p.m. and adjourned at 11:02
p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: '\ , .? :~, ' -.).", !. l' ~ ~.t ,
Vicki C. Soderc/uist, Deputy 'C-it~ Clerk