HomeMy WebLinkAboutcc min 1992/08/25 MINIEF~ OF A P, EGULAR MEETING OF THE
CITY OF CHUIA VISTA
Tuesday, August 25, 1992 Council Chambers
6:06 p.m. Public Services Building
CALL TO ORDER
1. PRESENT: Councilmembers Hotton, Malcolm, Moore, Rindone, and Mayor Nader
ALSO PRESENT: Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney;
and Beverly A. Authelet, City Clerk.
2. PI.F. DGE OF AIJ.RG[ANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: August 11, 1992 and August 4, 1992
MS(: (Rindone/Nader) to approve the Minutes of August 4 and August 11, 199'2 as mended. Minute~ of
August 4, 1992 approved unanimously, minutes of August 11, 1992 apprnved 4-0-0-1 with Councilman
Moore abstaining.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Board of Ethics: Janet Richter; International Friendship Commission: Gabriela
Caman, Felix Bruno De La Mata; Economic Development Commission: Earl J. Johnson; Parks and
Recreation Commission: Carmen Sandoval; Safety Commission: Robert Thomas. The Oath of Office was
administered by City Clerk Authelet and the certificates of appointment were presented by Mayor Pro Tem
Malcolm.
CONSENT CALENDAR
(Items pulled: 10 and 11)
BALANCE OF CONSENT CALENDAR OFFFRED BY COUNCILMAN MOORE, reading of the text wa~ waived,
passed and apprnved unanimously except forthe following:. Item 7 was approved 4-0-0-1 with Councilman
Malcolm abstaining; Item 9 was approved 4-0-0-1 with Councilman Rindone abstaining.
5. WIll I t-~l COMMUNICATIONS: None
6. ORDINANCE 2524 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE RELATING TO
MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (EDQ (second readinsr and adoDrion) -
On 10/9/90, Council amended Section 2.30.020 and 2.30.060 to expand EDC membership from seven to
nine commissioners. The recommended ordinance is being proposed by the Economic Development
Commission and provides language outlining spedfie areas of expertise which should be drawn from in
Council's selection of appointees. The purpose is to encourage a well balanced membership representing
expertise vital to the EDC's role in developing, recommending, and implementing economic development
strategies. Staff recommends Council place ordinance on second reading and adoption. (Direetar of
Community DevelopmenO
Minutes
August 25, 1992
7. RESOLLITION 16756 APPROVING THE SECOND AMENDMENT TO THE AGBRRMENT WITH
WALLACE, ROBERTS AND TODD, INC. FOR PROVISION OF CONSLILTING SERVIC~-q FOR THE
PREPARATION OF ARESOLIRCE ENHANCEMENT PLAN FOR THE OTAY RIVER VAI -1.1~r AND ALrrHORIZING
ACCEPTANCE OF AN ADDITIONAL $8,000 IN GRANT MONEY FROM THE COASTAL CONSERVANCY - On
11/20/90, Council approved the first amendment to the agreement with WRT, to extend the study areas of
the resource enhancement plan for the Otay River Valley by one mile to the western boundary of Otay
Ranch. The second amendment will expand the scope of work; and authorize acceptance from the Coastal
Conservancy of $8,000 in grant monies for expanded work on the study. Staff recommends approval of the
resolution. (Director of Parks and Recreation and Director of Planning)
Councilman Malcolm abstained from voting.
8. RESOLLrrION 16763 AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY,
TENTATIVE MAPS 92-05 AND 93-01 FOR RANCHO DEL RE'/BUSINESS CElCFER - McMillin Development
is processing two tentative maps for the Rancho Del Rey Business Center. As part of the map, equal land
swaps are proposed between McMfllin properties and open space lots owned by the City. Since the lots are
shown on the tentative maps, the maps are required to be signed by the City as owner. Staff recommends
approval of the resolution. (Director of Parks and Recreation and Director of Public Works)
9. RESOLDTION 16764 CAIJJNG A PUBLIC HEARING TO DETERMINE WHETHER PDBLIC
NECESSITY, HEAL TH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROIJND UTILITY
DISTRICT ALONG "E" STREET FROM BROADWAY TO TOYON LANE, INCLUDING TOYON LANE, CORTE
I-1RI.RNA AVENUE, AND GUAVA AVENLE (CANDY CANE IANE) - On 11/12/91, Council accepted a report
on the City's Utility Underground Conversion Program and approved a revised list of Utility Underground
Conversion Projects. The project is listed as the third project in the City's adopted program. Staff
recommends approval of the resolution. (Director of Public Works)
Councilman Rindone abstained from voting.
10. RESOLUTION 16765 ALrrHORIZING THE ADDITION OF CIP STL210 ELM AVENLIE AH.Ry
IMPROVEMENTS TO THE FISCAL YEAR 1992/93 CAPITAL IMPROVEMENT PROGRAM; AND
APPROPRIATING $53,000 FROM THE TRANSPORTATION PARTNERSHIP ~ TO CIP STI210 ELM
AVENUE/,IJ.Ry IMPROe TO FINANCE THE INSTALLATION OF ~.I.I.RY-TYPE IMPROVEMF2¢I'S ON
ELM AVENUE BETWEEN CYPRESS AND MADRONA STRF~TS - On 8/4/92, Council accepted the
Engineering staff report on the feasibility of paving or closing Elm Avenue and two adjacent alleys. The
Council also accepted staffs recommendation to fund improvement of the alleys through the formation of
an assessment distxict, except for that segment of Elm Avenue located between Cypress and Madrona Streets.
The resolution approves the allocation of $53,000 from the Transportation Partnership Fund to finance the
installation of alley-type improvements on said section of Elm Avenue. Staff recommends approval of the
resolution. (Director of Public Works) 4/5th's vote required. Pulled from the Consent Calendar.
Robert Daniels, 154 Madrona St., Chula Vista, CA 91910, spoke in opposition to staff recommendation. He
thought Elm Avenue between Cypress and Madrona should be paved and that Elm Avenue south of Madrona
Street, as it approached the alley, should be vacated.
Robert Crane, 374 Minor Avenue, Chula Vista, CA 91910, spoke in favor of staff recommendation. He
believed that if Council was going to address the other issue brought up by Mr. Daniels that Council should
take into consideration that at the end of the alley the people living in one of the homes on "G" Street used
that alley as access. He certainly did not want to see it vacated without those people having a chance to
speak.
Minutes
August 2S, 1992
Page 3
Mayor Nader did not think there was any possibility of that. Council might want staff to look at that and
if in their judgment it merited further consideration, notify any affected property owners.
RESOLUTION 16765 Ol"l~'~lKD BY COUNCILMAN RINDONE, reading of the tilt was waived, passed and
approved unanimously.
MS (Nader/Hor~on) direct staff to consider gafing remaining alleys and provide keys, at cost, to property
owners. Failed 2-3 with Councilmembers Malcolm, Moore and Rindone opposed.
11. RESOLLrI]ON 16766 APPROVINGTHIRDAMENDMENTTOTHE~ESTREETSWF.~PING
AGREEMENT EXTENDING SAME THROUGH OCTOBER 31, 1992 - The final year of the agreement with
Laidlaw for street sweeping services expires on 8/31/92. The two-month extension will allow staff to
evaluate proposals and give the selected street sweeping provider time to set up routes and street sweeping
schedules. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the
Consent Calendar.
Councilman Rindone said that on page 11-1 it indicated that on the agreement for the street sweeping there
were one year extensions, year to year, and asked who was responsible for the approval of those extensions
it if did not go back to Council.
Dave Byers, Deputy Public Works Director, responded that the extensions went back to Councfi in each
instance and would under the new contract.
Councilman Rindone asked on what basis the annual one year extension was recommended.
Mr. Byers stated that on the two extensions he had done he negotiated with the company, checked prices
that other cities in the area were paying, and determined that it was in the City's best interest to extend the
contract.
RESOLUTION 16766 OF/'ERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and
approved unanimously.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING PCA-92-03: CONSIDERATION OF AN AMEJqDMENT TO THE MUNICIPAL
CODE REQUIRING A CONDITIONAL USE PERMIT FOR SALES OF ALCOHOLIC BEVERAGES IN THE
COMMFICLAL-NEIGHBOP, HOOD (C-N) ZONE - CITY INITIATED - On 4/21/92, Council directed staff to
return with a proposed ordinance outlining an application procedure for alcohol sales in the C-N zone. The
procedure would require approval by the City and input by the Police DeparUuent, with approval being
subsequently placed on the consent calendar for Counc~ action. Staff recommends Council place ordinance
on first reading. (Director of Planning) Continued from the 8/11/92 meeting.
ORDINANCE 2526 AMENDING SECTIONS 19.14.030, 19.34.020, AND 19.34.030 OF THE
MUNICIPAL CODE RELATING TO THE SALE OF ALCOHOLIC BEVERAGES IN THE COMMERCIAl,
NEIGHBORHOOD (C-N) ZONE (first readin~
This being the time and place as advertised, the public hearing was declared open.
William Tuchscher, 3633 Bonita Verde Dr., Bonita, CA, representing the Economic Development Commission,
spoke in opposition to staff recommendation.
Minutes
August 25, 1992
Page 4
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2526 WAS pLACI~n ON FIRST READING BY COUNCILMAN MALCOLM, reading of the text was
waived.
Mayor Nader stated that the reason for the ordinance was a public safety concern rather than slricily a
building or land use concern. He thought the Police Department was best equipped to judge whether an
alcohol retail outlet in a particular neighborhood was going to pose a public safety threat.
AMENDMENT TO ORDINANCE: (Nader/Moore) (1) to require the approval of the Police Deparlment for
an adminhtrative approval and (2) to put any admlni~l'xative approval of an alcohol outlet in a C-N zone
on the Consent Calendar for the following Council meeting.
Councilman Moore had a problem with "Police Department approval.' He thought the Police Department
should recommend or not recommend approval to the Zoning Administrator who had that approval given
to him by Council, the Police Deparm~ent did not have that approval.
Mayor Nader added to amendment that the zoning admlnislrator shall not approve without the concurrence
or positive recommendation of the Police DepartmenL
As the second, Councilman Moore, agreed to Mayor Nader's addition to the amendment.
Bruce Boogaard, City Attorney, advised Council that staff had consulted him about the requirement of having
the Police Chiefs approval and his office tried to persuade them from wording it that way on the theory that
the Zoning Administrator was assigned the zoning power in the City not the Police Chief. It was worded
to receive the input of the Police Department and any other department, but allowed the Zoning
Administrator, which was a recognized office of the City by both the Charter and state law, as having the
first layer of zoning authority.
VOTE ON AMENDMFANI7: failed 2-3 with Councilmembers Malcolm, Moore and Rindone opposed.
VOTE ON ORDINANCE: approved unanimously.
13. PUBLIC HEARiNG PCC-92-40: CONDITIONAL USE PERMIT: APPEAL OF PLANNING
COMMISSION APPROVAL OF A REQUEST TO CONSTRUCT INTERIM FIRE STATION NUMBER SIX AT THE
SO~ CORNER OF LANE AVENUE AND FENTON stREET; APP~I.IANT - CALIFORNIA LAND
~TES - Appeal of Planning Commission approval PCC-92-40 for the City application to construct an
interim fire station at the southwest corner of Fenton Street and Lane Avenue, 2396 Fenton Street. Staff
recommends approval of the resolution. (Director of Planning) Continued from the 8/11/92 meeting.
RESOLUTION 16752 PCC-92dlO CONDITIONAL USE PEILMIT: APPROVAL OF REQUEST TO
CON b'l KUCT INTERIM FIRE STATI ON NUMBER SIX AT THE SOUTHWEST CORNER OF LANE AVENUE AND
FENTON STREET; APpF..I.IANT - CALIFORNIA LAND ASSOCIATES
Robert Leiter, Director of Planning, stated there were photographs and maps of the site if there was an
interest in viewing those at any time during the discussion.
Councilman Moore asked if the design of the building had gone through Design Review for proper checks
and balances.
Mr. Leiter responded that the project had gone through administrative design review based on the zoning
regulations that applied to the particular project, and was found to be acceptable on that basis. It had also
gone through the Homeowners Association for EastLake.
This being the time and place as advertised, the public hearing was declared open.
Minutes
August 2S, 1992
Page ~5
Gordon Dunfee, 6480 Weathers Pl., Ste. 220, San Diego, CA 92121, representing California Land Association,
spoke in opposition to staff recommendation. He presented pictures of the building and suggested that other
sites be proposed.
Councilwoman Horton asked if it were decided to make the structure permanent, going through the proper
Design Review channels, would that be acceptable to Mr. Dunfee as a site for the City's fire station.
Mr. Dunfee responded that they would not have a problem if a permanent fire station was held to the same
standards of Design Review that all the other property owners in the area were held to. The aesthetic
quality, as it affected their property, was their main concern, not the use.
Jerome E. Eggers, 350 West Ash, Ste. 1100, San Diego, CA 92101, Attorney for California Land Association,
spoke in opposition to staff recommendation.
There being no further public testimony, the public hearing was declared closed.
Councilman Malcolm was disappointed that Mr. Dunfee had to tell him that the city issued a permit to itself,
and the only way they could issue that permit legally was if they found it to be temporary and to be there
less than 90 days. He found it appalling that there were two sets of standards: one for the home owners
and the business people in the community and one for the City of Chula Vista. He asked what the definition
was of temporary use under CEQA.
Mr. Leiter did not believe the time frame was specifically defined but it would be a modular removable
structure that could be removed after a certain period of time. His understanding was that the agreement
between the City and EastLake called for a maximum of approximately seven years and indicated that the
removal should occur before that time.
City Attorney Boogaard stated that if both parties agreed, the lease could be extended and the building could
be there longer than the lease tenn. If it violated any entitlement grants, i.e. CUP condition, then it could
be revoked.
Sam Lopez, Fire Chief, stated staff was trying to save the City money and that was why they did not know
where the permanent location was going to be. Once the Otay Ranch Development Plan was ~nalized, they
would know how many fire stations were needed in Otay Ranch and whether they were going to go back
to the original Salt Creek site, He stated that density was the issue. If the City was going to put in
highrises, that would restrict how far the stations would be spaced. They had to consider not only the travel
time to the building but also the number of floors. He said they may come up with a multiple company
station at Otay Ranch depending on density. They may also look at alternate types of emergency medical
delivery. Staff was trying to look at all those things before making a finn decision. He and his fire fighters
would like to have a permanent station in the next couple of years.
Councilman Malcolm would like to give them a permanent building quicker than that. He stated that the
building was unacceptable to him. EastLake should be stopped from issuing permits or provide proper fire
service. If the EastLake and Salt Creek areas had to be served he thought they should be able to determine
the location of the fire stations based on the adopted circulation element in the City.
ChiefLopez responded that the master plan called for the fire station in Salt Creek Ranch but that was not
built yet. They did not have a road network to get from Salt Creek Ranch to the high school which was a
major concern. They could build a permanent station there but in five or ten years when Salt Creek was
in, they would be out of their response time level if they went one way or the other.
Councilman Malcolm thought one of two things needed to be done: 1) appropriate funds to build and have
Chief Lopez decide if it was a good permanent spot and build the permanent structure, or 2) the codes were
met and standards applied to everyone.
Minutes
August 25, 1992
Page 6
Councilman Moore suggested the item be tabled until staff had worked with the developers regarding
options.
MOTION: (Moore/Malcolm) refer to staff to work with EastLake to come up with a permanent site and
logic, if it had to rnnaln for 18 months or so, give Council that short time frame and think about relocaling
on a different part of that lot with a report back to Council.
Sid Morris, Assistant City Manager, stated that staff was really in control of the situation in that they wanted
responsibility in being able to site the next station. If they were forced into selecting a station at that point,
it could force them into siting a station that ultimately could require them to site two stations rather than
a single station. If they were allowed to see the development of Otay Ranch, find out what the densities
were, fred out what the requirements were, then staff could place one station that could answer the
requirements for the entire area rather than ultimately putting in two stations. If staff had further time to
plan it out appropriately that could save them $800,000 a year in round figures. He doubted that there was
anything staff could say at that point that would make the building prettier but there were renderings that
could give Council a better feel for what the finished product would look like. He stated that there were
meetings at staff level with Mr. Dunfee and alternatives were discussed. Staff offered in those meetings to
move the station to a different portion of the lot and that was not an acceptable alternative. If that was an
acceptable alternative or at least something worth discussion, then he suggested that the item be deferred
to allow staff time to research that item with Mr. Dunfee and/or his representative and return to Council.
He stated that by completing the balance of construction it would offer balance to the project, the
landscaping would offer amenities and at least hide the temporariness of the facility. While the photos were
accurate in their depiction, they were unfair because they only showed one aspect or an incomplete aspect
of the project. The project was a balanced project and had been architecturally designed to be acceptable
to the site. Staff would be willing to look at possible alternatives but believed that it was acceptable.
Mayor Nader asked if the City had the ability through some agreement with EastLake to require EastLake
to pay for a different site or for a better structure at that site until they had a permanent site.
City Attorney Boogaard stated they had received in writing and verbally a threat of litigation which he
judged to be immanent and requested the privilege of advising in closed session on the matter.
The City Council recessed to dosed session at 7:29 pma. and reconvened at 7:45 p.m.
Councilman Malcolm asked Mr. Dunfee if the City made corrections to the building, made it aesthetically
pleasing, and if staff worked with him by providing proper landscaping, would he then support the project.
Mr. Dunfee responded that he would be willing to sit down with staff if they would also consider alternate
locations. He proposed that it be moved to the south end of the parcel so it would not block their project
from the slweet visibility which was hurting their value and marketability. If it were moved to the south end
of the parcel it could be tucked up against the embankment, there could be a temporary road put in and
the same structure and modular units could be used. It would be blocked visually just by the nature of the
height of the pad from the road and it would not impact their project. He would commit himself to work
with City staff, the City Manager, and the Fire Department if they would also consider alternate locations.
Councilman Moore stated that one of the concerns about location was if they really knew what plan was
going to be accepted for the Otay Ranch then that would dictate whether the permanent station would be
there. He understood that the site for the temporary station was not in the area where the permanent one
would go. So the temporary station had a location there so the City could still build the permanent station
where needed with the right set backs, etc. and the right designs.
Mr. Dunfee stated that in his discussions with EastLake there were probably four to six sites, within a two
block area of where the temporary project was currently built, that would be suitable from response time
and development capability that they would be happy to accept.
Minutes
August 25, 1992
Page 7
Councilman Rindone stated that another aspect was being introduced of concern and that was accessibility.
If they were talking about construction of additional temporary roads, one of the major purposes of the Fire
Department was to be able to get to a main road immediately. He thought they had an obligation to the
residents of EastLake to move in a timely manner to provide for public safety.
SUBSTITLrrE MOTION #1: (Moore/Malcolm) to refer the item back to staff to review the concerns of both
the Council and the property owners and renn'n to the City Council with options in two weeks.
SUB~I1TLITE MOTION #2: (Nader/1Moore) to use the following language suggested by City Attorney
Boogaard: that the Council grant the conditional use permit for the subject site for the period of 18 months
subject w the conditions and proposed resolution and on the further condition that staff and EastLake offer
to meet and confer, in good faith, with Calfforrtia Land Association to agree and implement satisfactory
landscape aesthetic Ixeatments, and if necessary, reloeat/on within said lot and that the Council commission
a master fire plan update pursuant to a schedule that provides for a permanent site determination within
that 18 months.
Assistant City Manager Morris stated that 18 months could force poor planning on staffs part and tie them
into a site that was too expensive. It had always been staffs intent to determine the final site as soon as
possible.
VOTE ON SUBSTITUTE MOTION #2: failed 2-3 with Counr~rnembers Hottoil, Malcolm and Rindone
oppose&
VOTE ON SUBSTITUTE MOTION #1: approved 4-1 with Mayor Nader opposed.
14.A. REPORT CONSIDERATION OF THE FIg ENVIRONMENTAL IMPACT REPORT FOR
A PIlEZONING, AMENDMENTS TO THE FASTLAKE GENERAL DEVELOPMENT PLAN (GDP) AND P-C
D15fRICT REGULATION AMENDMFaqTS, SECTIONAL PLANNING AREA (SPA) PLAN AND PUBLIC
FACILITIES FINANCING PLAN (PFFP), AIR QUALITY IMPROVEMENT PLAIq (AQIP) AND WATER
CONSERVATION PLAN FOR TE.I.RGRAPH CANYON ESTATES - EIR-91-05 (SCH 91071033) - Staff
recommends approval of the resolution, (Director of Planning) This resolution does not require a public
hearing but is related to the public hearing.
RESOLUTION 16767 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR A
PREZONING, AMENDMF. N'5 TO THE ~ GENERAL DEVELOPMENT PLAN (GDP) AND PLANNED
COMMUNITY DISTRICT (PCD) REGULATIONS, SECTIONAL PLANNING AREA (SPA) PLAN, PUBLIC
FACILITIES FINANCING PLAN (PFFP), AIR QUALITY IMPROVEMENT PLAN (AQIP), AND WATER
CONSERVATION PLAN FOR TRI .F. GRAPH CANYON ESTATES (EIR-91-05)
B. PUBLICHEARING PCZ-92-A/PCM-91-07: CONSIDERATION OF PREZONING, GENERAL
DEVF. LOPMENT PLAN AND P-C REGULATION AMENDS, SPA PLAN AND PUBLIC FACIIJTIES
FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN, AND WATER CONSERVATION PLAN FOR
TRLRGRAPH CANYON ESTATES - BALDWIN VISTA ASSOCIATES - The development proposal calls for a
private, gate-guarded community involving a maximum of 350 single family lots, plus two private recreation
areas, two community purpose facility sites, and over 20 acres of open space on 112 acres. The
unineorporated property is located on the north side of Telegraph Canyon Road directly east of Otay Lakes
Lodge Mobile Home Park and directly south of EastLake Shores. Staff recommends Council place ordinance
on first reading and approval of the resolution, (Director of Planning)
Minutes
August 25, 1992
Page 8 ~
ORDINANCE 2,527 APPROVING PCZ-92-A: PIlEZONING TO P-C PLANNED COMMUNITY (PCZ-
92-A) AND THE P-C DISTRICT REGULATION AMEND1VIENTS FOR T~I.F-GRAPH CANYON ESTATES
SECTIONAL PLANNING AREA (SPA) PLAN (first reading)
RESOLUTION 16768 APpROVINGPC1VI-91-07:APPROVINGANDIMPOSINGAMENDMENTSAND
CONDFHONS ON THE T~.Ia~-GRAPH CANYON ESTATES GENERAL DEVELOPMENT PLAN AMENDMENT,
SECTIONAL PLANNING AREA PLAN (SPA), PUBLIC FACILITIES FINANCING PLAN, WATER CONSERVATION
PLAN, AIR QUALITY IMPROVEMENT PLAN, CEQA FINDINGS, MITIGATION MONITORING PROGRAM,
STATEMENT OF OVERRIDING CONSIDERATIONS AND MAKING THE NECESSARY FINDINGS
This being the time and place as advertised, the public hearing was declared open.
Jeanne Wheeler, 2005 Gotham St,, Chula Vista, CA 91913, stated that she wanted to know exactly what kind
of plans the Community Purpose Facility (CPF] meant. If there was going to be a day care center with 60
children next door to her she would object. If there was going to be a park with a barrier to keep noise
down then that would not be a problem. She did not know what was being proposed for the two lots next
to the water tanks which were next door to her and asked for a clearer understanding of what was going
On.
Councilman Moore stated that when the public facility zoning acreage was approved, whether at that
location or another one there would be a public hearing, it would be advertised and she would be notified,
He understood that on the second item it was no longer a gated community and asked staff if that was
COlTCOt. .)
Bob Leiter, Director of Planning, responded that was correct. Staff was recommending a condition that
would require public streets and it was their understanding that the applicant was in agreement with that
condition. He stated that the way the community purpose facility was set up it would require design review
and there would be notification of surrounding property owners of that consideration.
Councilman Moore asked if it were not used for a community purpose facility but something else, if that
would also be noticed.
Mr. Leiter stated that there would need to be an amendment to the SPA plan at that point and that would
also be noticed.
Stephen Doyle, 7963 Camino Alvara, Curlsbad, CA 92009, representing The Baldwin Company, spoke in favor
of staff recommendation.
Tom Davis, 1657 Gotham St., Chula Vista, CA, asked if the process was suppose to decide what was
environmentally unmitigable and if the only way to resolve them was not to approve the project, then why
was the environmental impact review being approved.
Mayor Nader responded that the law required that if there were significant unmitigable impacts, as the
report indicated, that overriding considerations were needed to justify the project. There was a statement
of overriding considerations that must be adopted before a project could be approved with those unmitigable
impacts. Such a statement had been drafted by staff and was one of the documents before Council.
There being no further public testimony, the public hearing was declared closed. ~
Minutes
August 25, 1992
Page 9
MSUC (Nader/MalcoLm) amend to direct staff, prior to bringing back a tentative map, to analyze and report
to Council on the potential for not putting Creekwood Way and/or Gotham Street as through access for the
project, providing any reasonable alternatives and an analys/s of their consequences.
ORDINANCE 2.527 PLACED ON FIRST READING INCORPORATING THE AMENDMENT P~ OUT BY
STAFF TO GDP CONDITION NUMBER 6 AND RESOLUTIONS 16767 AND 16768 OFFERED BY MAYOR
NADER, reading of the text was waived, passed and approved unnnlrnously.
ORAL COMMUNICATIONS
Marguerite Maniscalco, 4095 Bonita Rd., Bonita, CA 91902, representing Bonita Business and Professional
Association, thanked the Council for considering their request for Bonitafest funds and extended an invitation
to the Mayor and Council to ride in the Bonitafest parade on 9/26/92. It was their twentieth year and they
had prided themselves on being self-supporting but in view of tough economic times felt it necessary to ask
the City for Police and shutfie bus support.
BOARD AND COM1VHSSION RECOMMENDATIONS
None submitted.
ACT/ON ITEMS
15. RESOLUTION 16769 AMENDING MAb'I~R FEE SClqEDIJLE TO ADOPT NON-RESIDENT FEES FOR
PARKS AND RECREATION SERVICES - During the fiscal year 1991/92 budget process, the Council directed
the department to formulate a Revenue Enhancement Plan. One component of a Revenue Enhancement Plan
is the implementation of a non-resident fee policy. Staff recommends approval of the resolution. (Director
of Parks and Recreation]
Councilman Moore stated that in the first paragraph, page 15-1, it stated that "it must be emphasized that
the thrust of a revenue enhancement program is the notion that revenue generated from the program is to
be used to fund department programs and services.~ He urged a non-residential fee more so for the major
parks. He looked at a non-residential fee as an operation in maintenance. A good portion of the increase
should be set aside so there would be funds to update trash cans, charcoal pits, gazebos, ere. He asked staff
what was meant by the statement on page 15-1.
Sunny Shy, Recreation Superintendent, stated it meant the revenue derived from the additional money would
go back into such things as stated by Councilman Moore. It could potentially go back into more park
rangers, to make sure that the parks were orderly and clean. Part of the park reservation system included
cleaning the shelters, posting the shelters and making sure that everything was up to standard for people
renting them. In addition, the money that would come in from the contractual programs could then go back
to enhance those programs and offer new programs within that scope of the special activities.
Councilman Moore thought if they were going to charge outsiders fees that the majority of money should
go back to make sure that the park was kept in good condition, more for maintenance than expanded
programs.
Minutes
August 25, 1992
Page 10
Assistant City Manager Morris responded that it would be staffs intent to look at both programs and
facilities as well as bring back a proposed budget for use of those funds to be approved by Council.
RESOLUTION 16769 OFFERED BY MAYOR NADER, reading of the text was waived.
Mayor Nader thought staff should be commended for developing such proposals because it would relieve
the tax payers of Chula Vista from a burden and provide better services to the citizens of Chula Vista without
having to raise taxes or fees on Chula Vistans. The increase would offset use by non-residents, save money
for residents and provide better facilities and programs for residents.
VOTE ON RESOLLVrION: approved unanimously.
16.A. RESOLUTION 16770 AppROVINGAGREEIVIENTWH}IWOODLAWNPARKCOMMUI~HTYCENtER
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 5/19/92, Council approved
$227,790 of CDBG funds to nineteen social senrice programs, $108,410 for three community development
programs, and $50,000 to fair housing and planning programs. The U.S. Housing and Urban Development
Department (HUD) requires a written agreement between the City and each sub-recipient of CDBG funds.
Staff recommends approval of the resolutions. (Director of Community Development)
B. RESOLUTION 16771 APPROVING AGR RR~k~NT WITH SOUTH COUNTY COUNCIL ON AGING
(SHARED HOUSING) AND AUTHORIZING THE MAYOR TO EXECLrI~ SAID
C. RESOLUTION 16772 AppROVINGAGREEMENTWITHFAIRHOUSINGCOUNCILOFSANDIEGO
AND AUTHORIZING THE MAYOR TO EXECLrFE SAID AGREEMENT
D. RESOLUTION 16773 APPROVING AGREEMENT WITH CENTER FOR WOMEN'S STUDIES AND
SERVICES (PROJECT SAFEHOUSE) AND AUTHORIZING THE MAYOR TO EXECLrrE SAID AGREEMENT
E. RESOLUTION 16774 APPROVING AGREEMENT WITH EPISCOPAL COMMUNITY SERVICES
(OTAY COMMUNITY CLINIC) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
F. RESOLUTION 16775 AppROVINGAGREEMENTWITHBOYSANDGIRLS(X.UBOFCHUIAVISTA
CFR-EN OUTREACH) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
G. RESOLUTION 16776 AppROVINGAGREEMENTWITHCOMMUNITYSERVICECENTERFORTHE
DISABLED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
H. RESOLUTION 16'/77 APPROVING AGREEMENT WITH SWEETWATER UNION HIGH SCHOOL
DISTRICT (NEW CHANCE PROGRAM) AND AUTHORIZING THE MAYOR TO EXECIJTE SAID AGREEMENT
I. RESOLUTION 16778 APPROVING AGE EEMENT WITH YWCA OF SAN DIEGO COUNTY (MEN'S
COUNSEIJNG) AND ALrrHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
J. RESOLUTION 16779 APPROVING AG!~EEMENT WITH YMCA OF METROPOLITAN SAN DIEGO
COUNTY CYMCA FAMILY STRESS CENTER) AND AUTHORIZING THE MAYOR TO EXECLrrE SAID
AGREEMENT
K. RESOLUTION 16780 APPROVING AGREEMENT WITH YMCA OF METROPOLITAN SAN DIEGO
COUNTY (SOUTH BAY FAMILY YMCA SUNSHINE COMPANY) AND AUTHORIZING THE MAYOR TO .,
EXECUTE SAID AGREEMENT
Minutes
August 25, 1992
Page 11
L. RESOLUTION 16781 APPROVING AGI~RRMEa'qT WITH YMCA OF METROPOLITAN SAN DIEGO
COUNTY (SOUTH BAY FAMILY YMCA SUMMER DAY CAMP) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
M. RESOLUTION 16782 APPROVING AGIIRRMENT WITH YMCA OF METROPOLITAN SAN DIEGO
COUNTY (CHULA VISTA HUMAN SERVIt'~_¢ COUNCIL) AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREE_MFMT
N. RESOLUTION 16783 APPROVING AG/ WITH LUTHERAN SOCIAL SERVICES
(SOUTHERN CALIFORNIA PROJECT HAND) AND AUTHORIZING THE MAYOR TO EXECrtITE SAID
AGI~EEMENT
O, RESOLL1TION 16784 APPROVING AGREEMENT WITH ADULT PROTECTIVE SERVICF, S (SOLrrH
BAY ADULT DAY HEALTH CENTER) AND ALrIHORIZING THE MAYOR TO EXECUTE SAID AGIIEEMENT
P. RESOLUTION 16785 APPROVING AGi~ERMENT WITH SENIOR ADULT SERVICES (MEALS ON
WlqEEI_q) AND ALrrHORIZING THE MAYOR TO EXECUTE SAID AGI~F. RMENT
Q. RESOLUTION 16786 APPROVING AG1H~EMF2qT WITH JOBS FOR YOLrrH AND ALrFHORIZING
THE MAYOR TO EXECUTE SAID AGJH~EMENT
R. RESOLUTION 16787 /MoPROVING AGIIR~MENT WITH SOUTH BAY COMMUNITY SERVICES
(CASA NUESTRA) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
S. RESOLUTION 16788 APPROVING AG~EKMENT WITH SOUTH BAY COMMUNrFY SERVI(I,S
(GRAFFITI ERADICATION3 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRRF. MENT
T. RESOLUTION 16789 APPROVING AGI1E~MENT WITH SOUTH BAY COMMIJNITY SERVICES
(INTERWaNTION TEAM9 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGI~ERMENT
U. RESOLLrHON 16790 APPROVING AGI~EEMENT WITH SOLrrH BAY COlVlMUNITY SERVICES
(COMMUNITY DEVELOPMENT PROGRAM) AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGBRRMENT
V. RESOLL1TION 16791 APpROVINGAG~RRMENTWITHBOYSANDGIRLSCLUBOFCHULAVISTA
(PUBHC ADDRESS SYSTEM) AND ALrrHORIZING THE MAYOR TO EXECL1TE SAID AGI~RRMENT
RESOLIJTIONS 16770 THROUGH 16791 O~'Elfl~D BY COUNCILMAN MALCOLM, reading of the text was
waived, passed and approved 4-0-0-1 with Councilman Rindone abstaining.
17.A. ORDINANCE 2528A AMENDING SECTION 5.20 OF THE MUNICIPAL CODE RRIATING TO
CARDROOMS (first reading) - On 7/21/92, Council conducted a public hearing regarding a series of
proposed amendments to Section 5.20 of the Chula Vista Municipal Code, the Cardroom ordinance.
Pursuant to said public hearing, staff was directed to prepare for further consideration six specific
modifications to the Cardroom ordinance. Additionally, Council directed staff to assess the police
department's ability to enforce the amended ordinance and identify related costs. Staffrecommends Council
place one of the alternative ordinances on first reading. (Chief of Police) Continued from the 7/21/92
Minutes
August 2S, 1992
Page 12
B. ORDINANCE 2528B AMENDING SECTIONS 520 AND 5.07.030 OF THE MUNICIPAL CODE
BRTAI'ING TO CARDROOMS AND MASTER TAX SCHEDULE (tint teadinE)
C. ORDINANCE 2528C AMENDING SECTIONS 5.20 AND 5.07.030 OF THE MUNICIPAL CODE
]~RIATING TO CARDROOMS AND ~ TAX SCHEDULE (first reading)
Councilman Moore had a concern with jackpots and who it would attract to the City. He felt the increase
from $4 an hour to 50 cents per hand was a major increase in income and his goal was not to make sure
people made excessive profits. He suggested that rather than 50 cents per hand per game, that it be
changed to 37 1/2 cents.
Councilman Rindone stated that on the bottom of page 17-8 and the top of page 17-9 it referred to a flat
table taxing increase which appealed to staff for four reasons. He delineated those four reasons as
predictable, there was no accounting component, it was easily enforced and it was equitable for the
operators. He asked how the determination would be made.
Kevin Hardy, Principal Management Assistant, explained that staffs intent was to tax any table that was
capable at any time of being used for gambling. If an establishment had six tables that could be used for
gambling then they would pay taxes on all six of those tables whether or not they were being used.
Mayor Nader was unclear as to whether the higher per table tax would apply to an establishment that chose
not to offer the new games.
City Attorney Booguard responded that the ordinance did not distinguish between whether or not the
cardrooms offered the new games, it was a flat increase.
Mayor Nader asked how tight the control of the Police Department was going to be over the ownership and
transfer and if that point was addressed in any or all of the three ordinances.
Rick Emerson, Chief of Police, responded that it was addressed in the consolidation component where the
Police Department would know who the owners were and how much of the operation the owners were
involved in.
Mayor Nader asked if the Police Department had the ability to veto any proposed new owners.
Chief Emerson responded that pursuant to the existing ordinance he believed that the Police Deparunent
had the right to bring that forward and say that whether they did or did not meet the requirements. He was
comfortable with the degree of control it would give the Police Department.
Councilwoman Hotton said that on page 17-3 it stated there were a number of citizens who indicated they
would be intimidated by the new games and that due to new players and higher stakes it would be more
stressful and therefore less entertaining for them. She asked staff how they gathered that information.
Mr. Hardy responded that it was not information that staff sought out. Over the course of the past three
months while they had been evaluating the various proposals, different people had called and made the
comments to him. The people that called and indicated that they played regularly in the cardrooms and had
serious concerns with the proposal.
Dee Donahue, 693 "J~ St., Chula Vista, CA, Manager of the Vegas Club, spoke in favor of staff
recommendation. She requested that the hours be extended from 10:00 a.m. to 3:00 a.m., one hour more
than what staff had recommended.
Minutes
August 25, 1992
Page 13
Councilman Moore asked if there were other cities with similar or higher fees.
Chief Emerson stated that on page 8 of the report it talked about a fee schedule and listed Chula Vista as
the lowest, then Oceanside, Carlsbad and San Diego and that was not knowing the gross revenue and what
that percentage would be.
Lee Varon, 515 Park Way, No. 7., Chula Vista, CA, representing the Vegas Club, spoke in favor of the staff
recommendation.
MS (MoorefNader) approve alternative 2 as modified to 37 1/2 cents per hand and elimination ofjackpots
and add k to alternative 3.
Councilman Moore stated the motion should include, if passed, that staff would review the fee schedule to
see if it should also be modified and advise Council.
As the second, Mayor Nader agreed.
VOTE ON MOTION: approved 3-2 with Councilmembers Hotton and Malcolm opposed.
Assistant City Manager Morris said that staff was comfortable in reducing the fee schedule by 25% to change
the tax to $1,500 per table.
MS (Moore/Nader) increase the table tax to $1,500 versus $2,000.
Mayor Nader assumed staff would monitor the situation in terms of how the fees worked out, how the new
regulations worked out from the policing standpoint and also how the whole scheme was working out in
terms of the reasonable viability of the businesses involved and would bring appropriate informational
reports back to Council.
VOTE ON MOTION: approved unanimously.
18. REPORT REQUE5~ FROM BONITA BUSINESS AND PROFESSIONAL ASS(X2ATION
FOR $3,000 FOR SITU-I-rLE BUS AND POLICE SERVICES DURING THE BONITAFEST SPECIAL EVENT ON
SEFI'EMBER 26, 1992 - The Bonita Business and Professional Association (BBPA) is requesting $3,000 to
provide shuttle bus and police services at the Bonitafest special event on 9/26/92. In the past, the proceeds
from the event have paid for all or a portion of the costs. Staff recommends Council deny the request for
FY 1992/93 and direct staff to reconsider the request during budget reviews for FY 1993/94.
(Administration) 4/Sth's vote required.
Mayor Nader understood that by co-sponsoring the event with the concurrence of BBPA, their cost for the
shuttle bus and police service could be cut in half.
Jeri Gulbransen, Public Information Coordinator, stated if the City sponsored the event including the shuttle
bus and police services the total cost would be $1,832.
MS (Horton/Malcolm) to co-sponsor the event and pay the cost of $1,832.
Councilman Moore thought this type of request should be part of the budget process in the future.
VOTE ON MOTION: approved tmanhnously.
Minutes
August 25, 1992
Page 14
ITEMS pUI.I.R13 FROM THE CONSENT C~I.RNDAR
Items pulled: 10 and 11. The minutes will reflect the published agenda order.
OTHER BUSINESS
19. ta-lY MANAGFR'S REPORTf S)
· Assistant City Manager Morris stated that staff had attended a meeting that day at the Port District
where the San Diego Unified Port District Board approved a proposal for reimbursement of staff services to
the City. It represented a three year reimbursement package to the City retroactive to FY 90/91. For FY
90/91 the City would receive $91,000 reimbursements for staffservices. Reimbursement for FY gl/92 would
be approximately $391,000. It also committed to reimbursement along the same grounds as FY 91/92 for
the current fiscal year but with a negotiated inflation factor that still remained to be completed.
· Assistant City Manager Morris stated that there was no new news to report on the budget. There
were rumors that some legislatures believed there would not be a budget proposal that legislative session.
That was how bad some of the rumors had gotten.
20. MAYORS REPORTIS)
· Mayor Nader stated that they had known for some time during the state budget crisis that virtually
every proposal floating around, to some extent or other, proposed balancing the state's budget in part by
taking money away from cities. One of the ideas that had been floating around in the City Managers office
and among staff for meeting those potential cuts with as little pain as possible both to employees and the
public services provided was the option being extended to some of the City employees to go on reduced work
week on a voluntary basis. Other cities were already doing that. He wanted to extend such an opportunity
to the employees so that cost savings could begin as soon as possible. He recognized that there would be
certain situations where it would not be appropriate to offer an employee a reduced work week.
MS 0slader/Moore) direct staff to either administratively implement or bring back to Counc~ for
consideration a program with those exceptions that would extend opportunities for voluntary reduced work
weeks to City employees.
Councilman Malcolm was not ready to direct staff to implement the program yet.
SUBb'H'I'LITE MOTION: (Nader/Moore) direct staff to bring back a program and various other alternatives
as soon as poss~le for Council to review. Approved 4-0-1 with Councilwoman Horton absent.
21. COUNCIL COMMENTS
Councilman Rindone:
· Councilman Rindone said that when the possibility of the Transit/Transfer Center was before
Council, discussed and referred back to staff he had reported to his colleagues that the South Bay
Transportation Coalition had agreed to try to assemble the various interested parties, including the County,
City, MTDB and everyone involved. He had some calls from members of the community reminding him that
the intent of the Council at that time was also to allow any interested citizens who may be interested in
assisting in the development of a viable plan to participate. He requested that at least those who signed the
petition be notified of the public meeting. The meeting scheduled that had been coordinated by South Bay
Transportation Coalition was on Tuesday, September 1st at 2:00 p.m., at Southwestern College.
Minutes
August 25, 1992
Page 15
Councilman Malcolm:
Councilman Malcolm stated the one item he wanted under his comments for the following week was
concerning a bill that would prohibit cruise ships that go to more then one port in the state of California
from having gambling. He thought Council needed to take action to see what the Governor could do to
bring back jobs to San Diego not run them out.
· MSC (Malcolm/Moore) direct the City Attorney to bring back in one week en amendment to the
Bonita Hotel Exclusive Negotiating Agreement relating to reimbursement of FaR-related costs. Appruved 3-1-
1 with Mayor Nader opposed end Councilwomen Hotton absent.
· MSC (Malcohn/Nader) direct staff to bring back pros, cons end cost of conversion of City vehicles
to natural gas. Appruved 4-0-1 with Councilwomen Hotton absenL
ADJOURNMENT
MSC (lqader/Moore) that en urgency existed end to add to dosed session the sewage litigation between San
Diego end the EPA end the potential litigation between the City end Otay Watec DistricL
The City Council recessed at 10:22 p.m. and met in closed session at 10:23 p.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9(a) - Setclement of Otay Valley
Lawsuit - Siroonian vs. City of Chula Vista
Pending Iitigation pursuant to Government Code Section 54956.9 between San Diego and the EPA.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Otay
Municipal Water District,
Adjourned at 11:30 p.m. to a Special Joint Meeting of the City Council/Otay Water District to be held on
Wednesday, August 26, 1992 at 3:00 p.m, at the Otay Municipal Water District Board Room, 10595 Jamacha
Boulevard, Spring Valley and thence to the Regular City Council Meeting on September 1, 1992 at 4:00 p.m.
in the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk