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HomeMy WebLinkAboutcc min 1992/11/24 (2) MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, November 24, 1992 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Hotton, Malcolm, Moore, Rindone farrived at 7:27 p.m.), and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PI.RrX;E OF ALI.RGIANCE TO THE FLAG. SILENT PRAYER - To earn their citizenship badge, Cub Scout Pack #863 of Chula Vista gave the flag ceremony. 3. APPROVAL OF MINUTES: November 10, 1992 MSC (Moore/Malcolm) to approve the minutes of November 10, 1992 as presented. Approved 4-O-1 with Rindone absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Adrien M. Myers - Resource Conservation Commission. Ms. Myers had been previously sworn in at the City Clerk's Office. b. Proclaiming the Month of November 1992 as *AI.zHEIMER'S DISEASE AWARENESS MONTH' - The proclamation declaring the month of November 1992 as "ALZHEIIVIER'S DISEASE AWARENESS MONTH" was presented by Mayor Pro Tem Malcolm to Ms. Helen Strong, Caregiver Alzheimer's Association. CONSENT CAI.RNDAR Citems pulled: 5 and 12) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILWOMAN HORTON, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. S. WRI-Ft-EN COMMUNICATIONS: a. Letter requesting adoption of a resolution to establish an uncompensated Veterans Advisory Cornminion - Robert L. McCauley, 1987 Bucknell St., Chula Vista, CA 91913. It is recommended that the request be referred to the Human Relations Commission for review and recommendation to the City Council. Pulled from the Consant Calendar. MSC (Nader/Horton) to continue the item to the meeting of 12/8/92, approved 4-0-1 with REndone absent. 6. ORDINANCEZ534 ADDINGCHAPTER17.11ATOTHEMUNICIPALCODEBR~ATINGTOTHE MITIGATION OF THE IMPACT OF LEGISLATIVE ACTIONS ON SCHOOL FACILITIES (second reading and adoption} - The purpose of this ordinance is to assist the Chula Vista Elementary and Sweetwater Union High School Districts in achieving full mitigation for impacts on school facilities. The circumstance would be when a residential development requires a legislative action by the City. Staff recommends Council place the ordinance on second reading and adoption. (Deputy City Manager Krempl) Minutes November 24, 1992 Page 2 7. RESOLUTION 16905 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF TRUCKS - Bids were received for the purchase of three trucks approved in the Fiscal Year 1992-93 budget. The three trucks are provided for in the Equipment Replacement budget and are for use by the Public Works Operation Department. Staff recommends approval of the resolution. (Director of Finance) 8. RESOLUTION 16857 APPROVING THE 1991-92 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The City annually submits a Grantee Performance Report (GPR) to the U.S. Department of Housing and Urban Development (HUD). The GPR provides detailed information on the use of Community Development Block Grant (CDBG) funds including the progress achieved and the status of funds. HUD reviews the GPR and evaluates whether the City has carried out its activities in accordance with the City's 1990-93 Community Development Plan and federal requirements. Staff recommends approval of the resolution, (Director of Community Development) 9. RESOLUTION 16~95 ACCEPTING RIGHTS TO INSTALL UNDERGROUND FACILITIES OVER. A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION FOR ~-I EEET PURPOSES OF A PORTION OF LOT NINE IN THE PERRY PARK SUBDMSION AND LOT FIVE IN THE BLANKENSHIP TRACT SUBDMSION AND DIRECTING THE CITY ~l -]~RK TO RECORD THIS RESOLUTION AND LEGAL DESCRIPTIONS - During periods of moderate rainfall, storm water collects in the unimproved cul-de-sac at the west end of Welton Street. The existing street grade does not adequately direct flow of storm runoff to the existing open channel at the end of the street. In addition, the condition and alignment of the existing channel is very poor. Funds for design and construction of drainage improvements at the end of Welton Street west of Fi~th Avenue were allocated from Community Development Block Grant (CDBG) funds in the Fiscal Year 1988-89 Capital Improvement Program (CIP) budget to correct the problem. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 16896 APPROPRIATINGFUNDS;TRANSFERRINGFUNDS;ACCEPTINGBIDSAND AWARDING CONTRACT FOR *CONb'IKUCTION OF DRAINAGE IMPROVEMENTS AT END OF WELTON AVENUE WEST OF FIFTH AVENUE* - Sealed bids were received for construction of drainage improvements at the end of Welton Avenue west of Fifth Avenue. Work includes removal and disposal of existing improvements, saw cutting, placement of asphalt concrete and processed miscellaneous base, traffic control, installation of a six foot high chainlink fence, manhole adjustment, curb and gutter, twelve-inch PVC pipe, five foot curb inlet, construction surveying, driveways and protection, and restoration of existing improvements. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Councilwoman Horron requested a written definition of "disadvantaged businesses". 11. REPORT REQUESTING APPROVAL TO CONSTRUCT PHASE I OF THE CHULA VISTA COMMUNITY PARK - In recent discussions with the Sweetwater Union High School District, it has been determined that a need exists to incrementally construct the Community Park at EastLake Greens. Park development of Phase I will allow joint-use of the athletic fields for community youth groups and the high school's athletic teams. An agreement can be negotiated between the City and the District whereby the District will assume the maintenance responsibilities and the City will assume the utility costs of the park. Staff recommends acceptance of the report and approval of the resolution. (Director of Parl~ & Recreation) RESOLUTION 16897 AMENDINGTHEFISCALYEAR1992-93BUDGETTOAPPROPRIATEFUNDS FOR MAINTENANCE AND OPERATION OF PHASE I OF CHULA VISTA COMMUNITY PARK - 4/5th's vote required. Minutes November 24, 1992 Page 3 12. REPORT PCM-93-06-CONSIDERINGTHEAIRQUALITYIMPROVEMFJqTpIANAND WATER CONSERVATION PLAN FOR EASTLAKE GRRI~NS SECTIONAL PLANNING AREA - EASTLAKE DEVELOPMENT COMPANY - The Air Quality Improvement Plan and Water Conservation Plan have been submitted for approval in order to comply with General Plan and Municipal Code requirements prior to consideration of two tentative subdivision maps in Eastlake Greens, Championship Classics I, PCS-92-03 and Championship Classics II, PCA-92-04. Staff recommends acceptance of the repor~ and approval of the resolution. (Director of Planning) Pulled from the Consent Calendar. Item 12 was heard concurrently with Item 16 (Public Hearing). RESOLUTION 16898 APPROVING THE AIR QUALITY IMPROVEMENT PLAN AND WATER CONSERVATION PLAN FOR EASTLAKE GREENS SPECIFIED PLANNING AREA * * END OF CONSENT CALENDAR * * PUBLIC I-IF~NGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING CONSIDERING APPROVAL OF INDUSTRI~ RE~ BONDS PURSUANT TO SECTION 147(f)(2) OF TIE INTERNAL REVF2qUE CODE - Council has previously reviewed and agreed to issue Industrial Development Revenue Bonds in order to assist SDG&E in the Financing of certain gas and electric facilities. This is the final action required of Council with bonds tentatively scheduled to be sold on 12/2/92. Staff recommends approval of the resolution. (Director of Finance) 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. The public hearing was reopened. Mayor Nader read a prepared statement into the record. The statement is on file in the City Clerk's Office. There being no public testimony, the public hearing was closed. RESO LLFFION 16899 OI'Iqd. RED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. RESOLLrrlON 16899 APPROVING THE ISSUANCE AND SALE OF NOT TO EXCERr~ $250,000,000 AGGREGATE PRINCIPAL AMOLII~ OF INDDb-iRIAL DEVELOPMENT RL~ BONDS TO FINANCE OR REFINANCE COSTS OF CERTAIN GAS AND RI-~L'I'RIC FACILITIES FOR SAN DIEGO GAS & RIJ~CTRIC COMPANY AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGRRRMENT AND OFFICIAL STATEMENT IN CONNECTION THEREWITH AND AUTHORIZING AND APPROVING RELATED MA'I'I'F..RS 14. PUBLIC HEARING CONSIDERING AN AMENDMENT TO THE GENERAL PLAN, FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, AMENDMENTS TO THE EL RANCHO DEL REY SPECIFIC PLAN, RANCHO DEL REY (SECTIONAL PLANNING AREA I PLAN} SPA l, RANClIO DEL REY PLANNED COMMUNITY DIS'i FaCT REGULATIONS, RANCHO DEL REY SPA I, H AND IH, PUBLIC FA(]LI'IIF, S FINANCING PLAN, NEW AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN, TENTATIVE MAPS CHULA VISTA TRACT 92-0S AND 934)1, PLAZA AMENA STREET NAME CHANGE, DEVELOPMENT AGR~RMENT, CEQA FINDINGS, MITIGATION MONITORING AND REPORTING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS - The applicant is requesting approval of an amendment Minutes November 24, 1992 Page 4 to the General Plan and the E1 Rancho del Rey Specific Plan to redesignate the westerly 55 acres of the existing Rancho Del Rey Employment Park from Light Industrial/Employment Park designation to Retail Commercial/Commercial Center. The proposed amendment also involves modification to the Employment Park Design Guidelines, Planned Community District Regulations, Public Facilities Financing Plan, New Air Quality Improvement Plan, and Water Conservation Plan. In addition, the proposal includes tentative maps to consolidate lots 1-3 and 12-24 of the original Employment Park Subdivision and a request to change the name of Plaza Amena Street to Tierra Del Rey. Staff recommends Council place the ordinance on first reading and approval of the resolution. (Director of Planning) Cheryl Dye, Economic Development Manager, reviewed the economic aspects of the project and key elements of the implementing agreements. The applicant was requesting that a special meeting be held on 11/30/92 for the second reading of the ordinance which would allow the development agreement and ordinance to go into effect by the end of the year allowing escrows to close on the properties. A memorandum was distributed which included revised general conditions of approval in the Council Resolution, Section 14.C, Pat Crowley, Senior Planner, reviewed the land use issues. Diana Richardson, Staff Consultant, reviewed the CEQA process for the project. Joe Monaco, representing RBF, summarized the Supplemental Environmental Impact Report. Hal Rosenberg, Traffic Engineer, gave an overview of the traffic impacts. This being the time and place as advertised, the public hearing was declared open. Craig Fukuyama, 2727 Hoover, National City, CA, representing Rancho Del Rey Parmership, and Kathy Nishiera, 4241 Jeff and Drive, San Diego, CA, representing the Price Company, spoke in support of the staff recommendation. Councilman Rindone questioned whether they would be receptive to any vocational training program in the City. Ms. Nishiera responded they had already talked to Southwestern College but would be receptive to considering other programs. Those speaking in support of the staff recommendation were: Jim Lyon, 601 South Placentia Blvd., Fullerton, CA, Real Estate Manager, representing Home Depot. · Keyin Tweed, Fresno, CA, Real Estate Acquisitions, representing K-Mart Corporation. He presented Council with a petition signed by over 1,000 customers at their K-Mart store in Chula Vista in support of the project. · Ken Baumgarmer, representing McMillin, spoke in support of the staff recommendations. · Mark Marchand, 880 Canarios Ct., Chula Vista, CA, representing South San Diego Bay Cities Association of Realtars · Sharon B. Hillidge, 2344 F Greenbriar Drive, Chula Vista, CA · Doug Perkins 148 E. 30th Street, National City, CA, Executive Director, South County Economic Development Council - Mayor Nader stated that he served as the City's representative on the South County EDC and that he had abstained regarding this item. · Marilyn Lassman, 2808 Via del Caballo Blanco, Bonita, CA, President, South County Economic Development Council and property owner at 264 Rogan Road, Chula Vista, CA · Rod Davis, 653 Redlands Place, Bonita, CA, representing the Chula Vista Chamber of Commerce · Mary Jo Connots, 4831 Camino David, Bonita, CA · Charles D. Smith, 534 Trailridge Drive, Bonita, CA · Patty Davis, 653 Redlands Place, Bonita, CA · Isabel Hall, 3160 Casa Blanca Court, Bonita, CA · Mike Vogt, Bonita, CA, representing International Real Estate Company Minutes November 24, 1992 Page 5 · Michael Hallack, 420 Westby Street, Chula Vista, CA, Student · Keith Harlan, 155 Milan Street, Chula Vista, CA Those speaking in opposition of the staff recommendation due to increased traffic, air and noise pollution, decrease in property values, and security in the residential areas: · Brent Rivers, 663 Port Dunbar, Chula Vista, CA · Bill Christo, 807 Arroyo Place, Chula Vista, CA · Richard C. Stork, 1351 Blue Falls Drive, Chula Vista, CA · Brenda Malconado, 862 Blackwood Drive, Chula Vista, CA, representing Citizens for Responsible Planning · Janice Benton, 803 Lori Lane, Chula Vista, CA, representing Citizens for Responsible Planning · Clara Putnik, 916 Ave Ysidora, Chula Vista, CA · Wayne Benton, 803 Lori Lane, Chula Vista, CA · George E. Hurley, Jr., 661 Gilbert Place, Chula Vista, CA · Cintra Cunningham, 1337 Los Coaches Court, Chula Vista, CA · James Cunningham 1337 Los Coches Court, Chula Vista, CA · Pat Finlay, 1711 Harvard Street, Chula Vista, CA · David Hand, 1333 Los Coches Court, Chula Vista, CA, representing Citizens for Responsible Planning · Steve Chapel, 1358 Los Coches Court, Chula Vista, CA · Tom Davis, 1657 Gotham Street, Chula Vista, CA, also questioned prior agreement with original developer for density bonus for light industrial zoning. · Susan Radford, 805 Arroyo Place, Chula Vista, CA · Joseph Costa, 808 Arroyo Place, Chula Vista, CA, representing Citizens for Responsible Planning · Phyllis Ann Brooks, 700 Paseo Del Rey, Chula Vista, CA · Karin Littleton, 1366 Los Coches Court, Chula Vista, CA · Galen Hand, 1333 Los Coches Court, Chula Vista, CA · Cindy Resler, 1085 Red Maple Drive, Chula Vista, CA, Student Those not present when called to the dias: · Jim Churchill, 601 Telegraph Canyon Road, Chula Vista, CA, representing Rancho Del Rey Commercial Center, Caldwell Banker · Betty Swift, 3630 Lomaeitas Lane, Bonita, CA, representing Caldwell Banker · Sylvia Baker, 1481 Rimcrest Court, Bonita, CA · Robert Baker, 1481 Rimcrest Court, Bonita, CA · John Janusziewski, 678 Rue Availon, Chula Vista, CA · Rim Dugan, 1365 Los Coches, Chula Vista, CA, representing Citizens for Responsible Planning · Craig Doyle, 2075 Lakeridge Cr. #101, Chula Vista, CA · Jesus G. Nunez, 3180 Bonita Road #249, Bonita, CA · Martha Hendrickson, 31 East Shasta Street, Chula Vista, CA · Rim Brogan, 1365 Los Coches Court, Chula Vista, CA, representing Citizens for Responsible Planning · Janet Hand, 1333 Los Coches Court, Chula Vista, CA There being no further public testimony, the public hearing was declared closed. Mayor Nader questioned whether non-resident trips or trips across the border were included in the EIR. It was his understanding that under the existing zoning two of the majors would be allowed. Mr. Rosenberg stated the regional traffic model used in the study did include border crossings. Mr. Crowley responded that two of the three majors would be allowed under a CUP, however, the land would have to be recon~gured. One facility would be totally prohibited in the park. Minutes November 24, 1992 Page 6 Mayor Nader questioned whether there had been a previous agreement with McMillin in 1985 that in turn for the employment park, there would be a density bonus for McMillin. He requested that staff pull the minutes before the item came back for second reading. City Attorney Boogaard stated that in his opinion the Development Agreements were enforceable. They were standard provisions in many lease agreements and he had no doubt that there would be a damage award if there was a violation if not a specific injunction remedy. A specific performance injunctive type of remedy would be available for covenant to operate. Marcia Scully, Sheppard, Mullin, Richter & Hampton, stated the agreements as drafted provided for economic damages not specific performance. Councilman Malcolm stated part of the problem with the traffic on "H" Street was that the City did not control the traffic lights. CalTrans controlled the intersection at 1-805 and would not let the City tie the intersection into the City computers which would allow for a better traffic flow. The traffic impacts in the morning would be less because Ptice Club and K-Mart would not be open during the rush hour. McMillin agreed to give up development on other projects to mitigate the increased afternoon traffic. Neither project would have met the air quality standards. He felt that something needed to be done regarding mass transit to mare the commtmity less responsible on the automobile. Mayor Nader thanked everyone and urged the public to form neighborhood planning groups. He was concerned over the air quality and traffic impacts of the project. Staff was on the right track in requiring the developer to give up some of their density in other parts of the development or defer it to offset traffic generated by the project. He would like to see the development agreements come back at a later time so the Council could look at specific issues and their mitigation. The EIR appeared to state the two-major project alternative would have a vastly reduced level of air quality and traffic impacts compared to the entire proposed project. He felt the City should look at doing a project with the two-major alternative outlined in the EIR, keeping industrial zoning on part of the parcel for the employment park. Development agreements implementing that would then be brought back with the appropriate traffic mitigation to assure that the potential impacts in the EIR didn't occur. Councilman Rindone stated the project met a lot of needs throughout the entire City. The Council represented the entire community and they needed to look at the big picture. The key issue was traffic trips. He had heard from many residents in the area and they were delighted to have access to major commercial facilities within their neighborhood. The increased revenues, job creation, improved shopping convenience, as well as the other amenities were a benefit to the City as a whole. He expressed his appreciation to those members of the public that participated in the hearings at all levels. There needed to be a balanced community, not all commercial, not all industrial, not all bedroom community. Councilwoman Hotton stated that one issue was land use compatibility and decreasing property values. She had handled a similar project several years prior and the property values had not been impacted and the property owners enjoyed having commercial facilities near their homes. ORDINANCE 2535, AS AMENDED, PLACED ON FIRST READING, RESOLUTION 16900 OFi"E. RED BY COUNCILMAN MALCOLIVI, reading of the text was waived. City Attorney Boogaard stated that based on that evidence he would recommend an amendment to Resolution 16900, page 25, paragraph 21 .c to add the clause *In the discussion of infeasibility of alternatives that in addition and based on evidence inlroduced at the public hearing the reduced scale alternatives one and two were found to be infeasible because economically, without subsidy provided, k was not likely to be constructed by the private sector~. Minutes November 24, 1992 Page 7 Mr. Salomone informed Counc~ that the pro forma information was not part of Council's packet. The statement made by the City A~torney was accurate to the extent of staffs knowledge. Councilman Malcolm stated he would incorporate the City Attorney's recommendation into file motion. MS (Moore/Malcolm) to ensure two conditions be included, where appropriate, in file implempnHng documents: 1) no exterior public address system be allowed, and 2) an exterior unlformed security penonnd condition acceptable to file applicant and the City Manager. VOTE ON MOTION (NOISE AND SECURITY): approved unanimously. SUBSTITLFFE MOTION: (Nader) to direct staff to come back to Council with documents that would implement file two-major use alternative. Motion died for lack of second. VOTE ON MOTION AS AMF2qDED: approved 4-1 with Nader opposed. MS (Malcolm/Horton) to call a special meeting on 11/30/92 at 4:00 p.m. to consider file second reading of file ordinance. Councilman Rindone requested that the subcommittee salary recommendation for the Mayor/Counc~ secretary be agendized for the 11/30/92 meeting. City Manager Goss stated there was a problem with the Clean Water Program and arbitration challenges between San Diego and E1 Cajon that could severely impact the City. He stated he could respond administratively and inform Council of his actions. E1 Cajon had to respond around December 8th. Mayor Nader requested that the City Manager meet with him to discuss the issue indepth so his input could be given to Council. VOTE ON MOTION: approved 4-1 with Nader opposed. MS (Nader/Malcolm) to hear Items 21c, salary reviews, and dosed session. Defer remainder of itprn~ to file next regular meeting of 12/8/92. City Attorney Boogaard stated that the Scott litigation had been withdrawn and, therefore, Council would not need to discuss that item in closed session. VOTE ON MOTION: approved unanimously. A. ORDINANCE 2535 APPROVING PCM-91-16 AME.NDMF. NT TO THE RANClIO DEL REY SPECIFIC PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT AGIIRRMENT, ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATION FOR SEIR-92-02 (first reading) B. RESOLUTION 16900 CERTIFYING THE FINAL SUPPLE_MENTAL ENVIRONMENTAL IMPACT REPORT (SEIR-92-02), APPROVING GPA-93-01, PCM-91-16, AMENDMENT TO THE RANClIO DEL REY SECTIONAL PLANNING AREA PLAN I (SPA I) INCLUDING THE EMPLOYMENT PARK DESIGN GUIDELINES, Minutes November 24, 1992 Page 8 ~ .) AMENDMENT TO THE PUBLIC FACILITIES FINANCING PLAN, TENTATIVE MAPS PCS-92-05 AND 93-01 AND ~rl REET NAME CHANGE FROM PLAZA AMENA TO TIERRA DEL REY 15. PUBLIC HEARING REQUESTING AMENDMENT TO THE GENERAL PLAN FROM "VISITOR COMMF~CIAL" TO *RETAIL COMMERCIAL,* TO ADOPT A SPECIFIC PLAN TO BE KNOWN AS *BONITA GATEWAY* 0 AND REZONE FROM C-V-P AND A-8 TO C-C FOR 2.23 ACRES OF PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF BONITA ROAD AND 1-805 - GPA-93-02 AND PCZ-93-B - ROBINSON PAf~IFIC, INC. - The applicant is requesting an amendment to the General Plan, the adoption of a specific plan governing the development of 2.23 acres located at the northeast quadrant of Bonita Road and 1-805, and a change of zone for said property. The applicant owns the westerly parcel of the two separate parcels which constitute the property in question. Staff recommends Council place the ordinance on first reading and approval of the resolution. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. James S. Milch, 501 W. Broadway #1780, San Diego, CA, and Scott Robinson, 5425 Riggs Road, El Cajon, CA, representing Robinson Pacific, spoke in support of the staff recommendation. Councilman Moore stated the problem with the site was the additional traffic. He questioned whether they were dedicating the right-of-way for a dedicated lane from Bonita Plaza up to the north bound ramp of 1- 805. Mr. Robinson responded they were dedicating a lane that would go onto the freeway. The entrance on Bonita Road would be an entrance only with no exit which would allow for the exiting to come back through the signalized exit. Plaza Bonita Road would be left in and right out. George Kost, 3609 Belle Bonnle Brae Road, Bonita, CA, representing the Sweev, vater Valley Civic Association, spoke in opposition of the staff report. He stated they were not against the particular project but against any development on the property due to the additional traffic. They recommended it be left as part of the park. There being no further public testimony, the public hearing was declared closed. MS (Malcohn/Moore) to amend the resolution to require the installation of the lane prior to occupancy of the tenant. Mr. Milch stated they had the land and their share of the cost but if the City should not authorize the funds for ifs share it would tie up the project. They were willing to do their fair share but how did they know that the City would be forthcoming. Mayor Nader responded that the City could include in the amendment that there would be a commitment by the City to pursue due diligence ro do its share of the improvement. Mr. Milch responded that such an amendment would be adequate. AMENDMENT TO MOTION: (Malcolm/Moore) to incorporate a due diligence requirement. Mayor Nader requested a brief report from staff when the ordinance returned for second reading as to ballpark time frame on the improvements. Minutes November 24, 1992 Page 9 VOTE ON MOTION AS AMENDED: approved 44)-1 with Rindone absent. ORDINANCE 2536 PLACED ON FIRST READING AND RESOLUTION 16901, AS AMENDED, OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. A. ORDINANCE 2536 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE REZONING 2.23 ACRES LOCATED AT THE NORTHEAST QUADRANT OF 1-805 AND BONITA ROAD TO C-C (first reading) B. RESOLUTION 16901 AMENDING THE GENERAL PLAN AND ADOPTING A SPECIFIC PLAN KNOWN AS BONITA GATEWAY GOVERNING THE DEVELOPMENT OF 2.23 ACRES AT THE NORTHEAST QUADRANT OF BONITA ROAD AND 1-805 16. PUBLIC HEARING CONSIDERING TENTATI~ SUBDIVISION MAPS FOR CHAIViPIONSHIP CLASSICS I, CI-IIJLA VISTA TRACT PCS-92-03, AND CHAIViPIONSHIP CLASSICS H, CI-IULA VISTA TRACT PCS-92-O4 - PARCEL R-24/R-25 LIMITED PAR'i'I~FF. RSI-IIP - The applications are for the subdivision of 5.1 acres of land located at the southeast quadrant of EastLake Parkway and Greensview Drive into sixteen lots and the subdivision of 7.9 acres of land located ar the southeast quadrant of EastLake Parkway and Clubhouse Drive into nineteen lots. Staff recommends approval of the resolutions. (Director of Planning) Robert Leirer, Director of Planning, informed Council that Item 12 on the Consent Calendar was a prerequisite for the public hearing and recommended they be heard concurrently. Mayor Nader questioned whether EastLake Greens was given credit for the golf course. Mr. Leiter responded that the overall density was calculated to include the golf course area. The tentative maps were resubdivisions of property that was earlier zoned as part of Easthake Greens subdivision. There had been no further subdivision of the parcels. Action taken last May allowed additional density transfers to the parcels and the overall density was still within the mid-point density for the Basthake Greens project. This being the time and place as advertised, the public hearing was declared open. David Gutierrez, 209 Del Mar, Suite 204, San Diego, CA, representing Cottage Development, stated he was in support of the staff recommendation. Bill Ostrum, representing EastLake Development, stated the concerns of surrounding residents were with the product design. The residents had been contacted and plans were offered for review with all residents declining such review. There being no further public testimony, the public hearing was declared closed. RESOLUTIONS 16898, 16902, AND 16903 OFP'PAED BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader stated he would vote against motion. He had a problem in approving Overriding Considerations when there was still a finding that environmental impacts, particularly air quality, would be impacted. He felt if credit was given for the golf course the course should be open to the public in perpetuity. He also had a problem in crediting the golf course the same way as public open space. Minutes November 24, 1992 Page 10 VOTE ON RESOLUTION 16898, 16902, AND 16903: approved 3-1-1 wkh Nader opposed and Rindone absent. A. RESOLLFFION 16902 APPROVING THE TENTATIVE SUBDM SION MAP FOR CHAMPIONSHIP CLASSICS I, CHULA VISTA TRACT 92-03, MAKING THE NECESSARY FINDINGS, AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM B. RESOLUTION 16903 APPROVING THE TENTATIVE SUBDIVISION MAP FOR CHAMPIONSHIP CLASSICS lI, CI-11JLA VISTA TRACT 92-04, MAKING THE NECESSARY FINDINGS, AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM ORAL COMMUNICATIONS · Phyllis Ann Brooks was not present when called to the dias. · Carolyn Buffer, 97 Bishop Street, Chula Vista, CA, stated she was opposed to combining the City's animal shelter with the County facility. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 17. RESOLUTION 16904 APPROVING COUNCIL POLICY REGARDING USE OF CITY VEHIC~.~_~ AND AUTO ALLOWANCES - On 6/30/92, Council directed staff to prepare a recommended policy regarding personal use of City vehicles and guidelines on the types of vehicles purchased for assignment to Executive Managers. Staff recommends Council approve the resolution, implement the Policy, and direct the Fleet Manager m prepare a report with recommended guidelines and recommendations. (Administration) City Attorney Boogaard stated that Councilman Rindone had requested the item be trailed until he was in attendance. 18. REPORT ALTERNATIVE METHODS FOR THE DELIVERY OF FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES - On 3/17/92, Council directed staff to undertake a comprehensive review of Fire Department operations, produce a comprehensive report discussing the array of alternatives in the delivery of fire protection services with an emphasis on emergency medical service, and include input from all levels of fire service personnel. Staff recommends acceptance of the report. (Fire Chief) Don Schofield, President, Chula Vista Fire Fighters, requested that for traffic control the City use the OptiCom System which was a system used throughout the County. Mayor Pro Tem Malcolm questioned whether staff had a problem with adding that recommendation to the report. Sam Lopez, Fire Chief, responded that it would not be a problem. Minutes November 24, 1992 Page 11 Mr. Scho~eld stated their main concern was with staffing levels on the engines. They supported the first report developed by the committee, which had been rejected and felt the safety issue should be addressed. They also supported a recommendation that a Council workshop be held to review the whole fire service. Mayor Nader stated cost was a decisive concern and now was not the time for the City to consider the change to four person engines. His concern with the recommendation was that on the one hand he did not want to be making a move under the current economic conditions to increase the staffing of the fire engines but, on the other hand, he did not want to set in concrete a criteria for determining how many firefighters should be on an engine. He wanted assurance that was not the interpretation of the motion. City Manager Goss suggested that in addition to the items listed, i.e fire fighting resources, Council also add company effectiveness and employee safety as other factors to be looked at. MS {Nader/Horton) to accept the report and amend Recommendation #1 to add the criteria of'company effectiveness and employee safety' and 'it is acknowledged that if budgetary constraints eve allow, the City should reconsider the subject of four person engine crews'. Councilman Moore stated he had a problem in reviewing one department over another rather than the entire budget. The goal of the Council should be to provide decent salaries, fringe benefits, and the best of equipment. He had concern regarding some of the equipment and felt the signalization equipment was very important. He would rather entertain a substitute motion to bring the item forward, all emergency departments, as well as other departments at budget time. AMENDMENT TO MOTION: CNader/Horton) to bring the item forward in the context of the overall City budget, SUBS-[rFLfl'E MOTION: (Moore) direct the City Manager to bring back during the budget process the repereus$inn$ of restricted funding in each associated department, Motion died for lack of second, Councilman Malcolm stated the request was probably over $11/2 million in perpetuity. He remembered the past discussions with the firefighters and they wanted to have minimum manning increased and 2% of 50. If they had to make a choice of what they wanted funded they wanted 2% of 50 and would leave it at that. The City gave the money to a program he felt they deserved and he pushed the item through. He felt they were doing a tremendous job but that the motion committed to the Council that it was a top priority item. He felt the issue should be studied. Mayor Nader stated he had not said there was a commitment that it would always be a top priority. The motion was intended to ensure that staff would not automatically take a position without bringing it to Council should the budget ever allow it, should it be something worth Council consideration in light of the overall budget picture. VOTE ON MOTION: approved 4-0-1 with Rindone absent. MSC (Moore/Malcolm) to direct the City Manager to include, as a suppletnental budget report, the traffic signal control device for the fire engines, approved 4-0-1 with Rindone absent. *** Council recessed at 7:25 p.m. to the RDA Meeting and reconvened at 7:26 pan. *** ITEMS PUIj~D FROM THE CONSENT C~1.F. NDAR Items pulled: 5 and 12. The minutes will reflect the published agenda order. Minutes November 24, 1992 Page 12 OTHER BUSINESS 19. Ci1Y MANAGERS REPORT(S) ® Scheduling of meetings. City Manager Goss stated there had been discussion by Council regarding a special meeting on 11/30/92. There was also an issue regarding potential litigation, i.e. City of Chula Vista vs. City of San Diego regarding sewer charges. A consulting attorney was preparing information for Council which would not be ready until tomorrow evening. · City Manager Goss referred to the recent action by the courts in refunding sales taxes to the aeronautical industry. The information that had been released regarding amounts was premature as the State was currently conducting an audit. Staff would keep Council updated. Mayor Nader stated he had received correspondence from another city asking Chula Vista to join in legal action. City Manager Goss stated staff had seen the request but felt any such action would be premature until the audit was complete. *** Council recessed at 7:28 p.m. and reconvened at 7:42 p.m. *** 20. MAYORS REPORT(S) · Mayor Nader informed Council that the Port voted to proceed with directing staff to negotiate terms of prudent acquisition of the MidBayfront of Chula Vista. 21. COUNCIL COMMENTS Councilman Malcolm · City Clerk salary review and possible action for salary increase. Mayor Nader stated the salary increases for the City Manager, City Attorney, and City Clerk would be considered concurrently. Councilman Moore · City Manager and City Attorney salary review and possible action for salary increase. MS (Malcolm/Nader) to approve a 2 1/2% increase for the City Attorney. SUBSTITLrrE MOTION: (Rindone) postpone discussion on the salary increases until 11/30/92. Motion died for lack of second. Councilman Rindone felt it was an item of compensation that could infringe upon the use of City vehicles, i.e. part of a compensation package. He wanted the issue of usage of City vehicles senled before taking action on the salary increases. Mayor Nader felt management salaries should be frozen in light of the current budgetary situation. Because the majority of the Council voted to raise management pay and the City Attorney was in a position where he would actually fall behind, he would vote for the increase. He felt that if the City Managers increase was passed it would not be fair if the City Clerk's salary was frozen because he was on the subcommittee. Therefore, the City Clerk was to receive the same percentage, if passed, for the City Manager. Minutes November 24, 1992 Page 13 Councilwoman Horton stated she had been on the City Manager's subcommittee and they felt that because Council had left it up to the City Manager the amount of increase for the Assistant and Deputy City Manager's, which could go over 2 1/2%, they felt the bonus was a gratuity that recognized the fine job he had done during the year. Councilman Rindone concurred that the City Manager had done an exemplary job and that was not the problem he was having. The idea that a subcommittee would suggest an 'off schedule' bonus for an employee was an option that had been suggested strongly for consideration in the future. He noted that Chula Vista was the only city in San Diego County receiving raises. He was not aware that there was a recommendation for an "off schedule" bonus for the City Manager and felt the City Attorney should receive the sarae. Councilwoman Hotton stated she would support that action. Councilman Malcolm felt there were achievements by many of the departments within the City. The reason he was willing to say that one person in the City was going to get a bonus was because the City Manager lead the entire City and all departments. Councilman Moore agreed there were many people within the City that warranted a bonus but there was only one City Manager and felt a bonus was appropriate. SLq~-H'ftfIE MOTION: 0lindone/Horton) to mend Resolution 16908 to grant a 1/2% *off schedule, bonus for the City Attorney. RESOLUTIONS 16906, 16907, AND 16908 OFFERED BY MAYOR NADER, reading of the text was waived. Mayor Nader felt that if the City Manager received a bonus the City Attorney should also receive a bonus. The City Attomey's office was short staffed for the amount of work they were being asked to do. He had a problem with the motion due to budgetary reasons and felt it should be neither rather than both. VOTE ON SUBSTITUTE MOTION: failed 2-3 with Malcolm, Nader, Moore opposed. MS (Nader/Rindone) to change the Resolution for the City Manager to remove the 1/2% bonus. Motion failed 2-3 with Malcolm, Moore, HorWn opposed. RESOLIYrION 16907 (INCLUDING THE 1/2% BONUS) O~1,EjlED BY MAYOR NADER, reading of the text was waived. Councilman Rindone stated he would vote no which was no reflection on the City Manager's performance. He felt there were two senior officers reporting to Council and Council should be consistent. VOTE ON RESOLLITION 16907: approved 3-2 with Rindone and Nader opposed. RESOLUTION 16906 OH-bRED BY MAYOR NADER, reading of the text was waived, passed and approved 4-1 with Moore opposed. AMENDMENT TO RESOLUTION 16908: (Nader/Horton) to add 1/2% 'off schedule' bonus for the City Attorney. Motion carried 4-1 with Malcolm opposed. VOTE ON RESOLLrfION 16908, AS AIVIENDED, OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. c. Approving limited use of potable water at EastLake Greens Golf Course. Councilman Moore stated the City had received the response from the Water District which stated "will not impact the District and will allow the EastLake Golf Course to continue the beneficial use of our reclaimed water". The request was limited to the greens and would be two flushes the first time and approximately one flush per quarter. Minutes November 24, 1992 Page 14 MS (Moore/Malcolm) to approve the request from EastLake as presented at the 11/17/92 meeting. Councilman Malcolm questioned whether it should be an open ended approval. His concern was that there would be a problem in the future regarding the water. If there was a water shortage it was EastLake's problem because of the comminnent they had made to use reclaimed water. Robei~ Snyder, 900 Lane Avenue, Chula Vista, CA, representing EastLake Development Company, concurred that it should not be open ended. He would recommend that EastLake mirror the community courses operation and not use it any more frequently than they did. Councilman Malcolm questioned whether they would accept a condition that required them to stop when Otay Water District determined there was any type of water problem for the citizens. Mr. Snyder responded that would be acceptable. AMENDM]F2qT TO MOTION: {Malcolm/Moore) to add a condition that would require EastLake to stop utilizing potable water when Otay Water District determined there was any type of water problem for the John Lippitt, Director of Public Works, suggested that Council approve the limited use of potable water not to exceed 1,000 units per year. The approval would be subject to the concurrent approval by the management of the Otay Water District. If they needed more than 1,000 units or ff there was a real problem, they would have to come back for Council approval. Sandy Clark, 1180 Hunte Parkway, Chula Vista, CA, Golf Course Superintendent for EastLake Country Club, stated they were more than concerned regarding the water usage. EastLake Country Club was currently under their allocated water usage for the year. It was a very time intensive procedure and not something they wanted to do but was necessary to save the greens. Councilman Moore felt that a restriction could be placed which required EastLake Country Club to be within their water allocation. AMENDMF. d~'T TO MOTION: (Nader/RLndone) permission to use the potable water would sunset at such lime the golf course went private. Approved 44Z)-O-1 with Moore abstaining. VOTE ON MOTION, AS AMENDF~D: approved unanimously. ADJOURNMENT The City Council met in a closed session at 12:46 p.m. to discuss: Institution of litigation regarding acquisition by eminent domain of certain real properties located in public fights-of-way throughout the City - Pursuant to Government Code Sections 54956.8 and 54956.9(c) Frank Scott v. City of Chula Vista - Pursuant to Government Code Section 54956.9(b)(1) Potential Litigation ADJOURNMENT AT 12:51 P.M. the Regular City Council Meeting on December 8, 1992 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Dep~t~ Clerk