HomeMy WebLinkAboutcc min 1993/01/19 MINlrFES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, January 19, 1993 Council Chambers
6:06 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Hotton, Moore, Rindone,
ABSENT: Mayor Nader
ALSO PRESENT: John D. Goss, City Manager, Bruce M. Boogaard, City Attorney; end Be~in
Bosworth, Secretary to the Redevelopment Agency
2. PLEDGE OF AIJ.RGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: December 15, 1992
MSC [Moore/Fox] to approve the minutes, 44)-1, with Nader absent.
4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Items pulled: 6.A.,B.,C)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN RINDONE, reading of the text
was waived, passed and approved 4-0-1, with Nader absent
S. WRI'I'I'EANI COMMUNICATIONS: None submitted.
6.A. ORDINANCE 2540 AMFANDING SECTION 2.05.010 OF THE MUNICIPAL CODE TO ESTABLISH THE
POSITION OF SPECIAL PLANNING PROJECTS MANAGER IN THE UNCIASSIFIED SERVICE (first readln~) -
The Fiscal Year 1992-93 budget included a position of Deputy Director of Planning to head the deparUnenfs
proposed Community Planning Group/Otay Ranch project, After review of the revised implementation
schedule of the Cit~fs takeover of the Otay Ranch project it is recommended that the position title be
changed and a benefitted position be approve& Staff recommends Council place the ordinence on first
reading and approval of the resolutions. (Administration) - 4/5th's vote required. Pulled from the Consent
Calendar.
B. RESOLUTION 16963 AMENDING RESOLUTION 16950 TO ADD THE SPECIAL PLANNING
PROJECTS MANAGER IN SALARY BAND E-3 OF THE EXECLrlTqE SALARY SCHEDULE. Pulled from the
Consent Calendar.
C. RESOLLFHON 16964 AMENDING RESOLUTION 16889 TO PLACE THE POSITION OF SPEC~L
PLANNING PROJECTS MANAGER IN THE FRINGE BENEFIT RESOLUTION FOR EXECU1Tv~ MANAGERS.
Pulled from the Consent Calendar.
Minutes
January 19, 1993
Page 2
Councilman Rindone stated his concern that the proposed position was at the same salary band as the
person to whom he/she would directly report and was concemed about a line-staffrelationship problem with
that structure.
Deputy City Manager Krempl stated that, based upon the criteria for, and duties of the position, the salary
band was determined to be at the Executive Level as the position would report directly to the City Manager.
Staff did not see any relationship problem.
Councilman Rindone asked what the effect would be in hiring a qualified individual since this would be a
one-project assignment.
City Manager Goss replied that the individual the City had in mind for the position, after interviewing
interested individuals, was agreeable to employment being completed at the end of the project assignment.
They would not be Y rated nor their employment extended at that salary level to perform other assignments
for the City. The Cit,fs intention was to redass the position to an Assistant Director or Principal Planner
level to process additional villages after Villages I and 2 were completed.
Councilman Rindone asked for assurance that it would be communicated to the individual prior to
employment.
Mr. Goss said that it would.
ORDINANCE 2540 AND RESOLUTIONS 16963 AND 16964 OPI,~_,RED BY COUNCILMAN RINDONE, reading
of the text was waived, passed and approved 4-0-1, with Nader absent
7. RESOLUTION16965 APpROVING THE FINAL MAP FOR CHULA VISTA TRACT gl-OT, PARKWAY
PLACE TOWNHOMES - On 1/8/92, the City Planning Commission approved the Tentative Subdivision Map
for Chula Vista 91-07, Park Way Place Townhomes. The Final Map for said Tentative Map is now before
Council for approval. Staff recommends approval of the resolution. (Director of Public Works)
Councilwoman Horton questioned if the Owner Disclosure Statement was required for Council review prior
to approval of the item.
Deputy Director of Public Works/City Engineer Swanson stated while not available at the meeting, the
Statement was on file. The owners were Juan and Noelle Sanchez, P.O. Box 1075, Bonita, CA.
8. RESOLUTION 16966 APPROVING AN AGI~RF. MENT WITH NOWELL-THOMPSON ASIA AND
ASSOCIATES INC. FOR DESIGN DEVELOPMENT, CONSTRUCTION DOCUMF, NTS DEVELOPMENT, AND
RELATED SERVIt~F-~ FOR I-In J .TOP PARK IMPROVEMENT PROJECT (CIP-PR-175), AND AUTHORIZING THE
MAYOR TO EXECLrFE SAME - In response to citizen concerns regarding the location of the restroom,
playground, and other issues, Council approved a Park Improvement project in the 1992-93 Capital
Improvement Program to address these concerns. A landscape consultant is required to prepare a design
concept, construction document drawing, and other services for the project. Staff recommends approval of
the resolution. (Director of Parks and Recreation)
City Attorney Boogaard explained that the Landscape Architectural Services consultant requested a slight
modification of the Hold Harmless Agreement (page 8-10, paragraph 7, Hold Harmless) 'to provide
indemnity only for the negligent acts, errors, and omissions of the Consultant"--as opposed to all acts, errors
and omissions of the Consultant. He found the modification acceptable and frequently negotiated in
advance. The City Attorney endorsed the change.
MSC: [Moore/"dorton] Amend page 8-10, paragraph 7, Hold Harmless Agreement, as presented by the City
Minutes
January 19, 1993
Page 3
Attorney, approved 4-O-1, with Nader absenL
RESOLUTION 16966 AS AMENDED, OFFERED BY COUNCILMAN RINDONE, reading of the text was waived,
passed and approved 4-0-1, with Nader absent_
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS A!'ql) RELA'rED RESOLUTIONS AND ORDINANCES
9. PUBLIC HEARING PCS-93-O3: CONSIDERATION OF THE TENTATIVE MAP, STATEMENT OF
OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM. AND b-rKEET NAMES FOR
T~I .RGKAPH CANYON ESTATES - BALDWIN VISTA ASSOCIATES - The applicant proposes to subdivide 112
acres of pres enfly unincorporated property located on the north side of Otay Lakes Road directly east of Otay
Lakes Lodge mobile home park and directly south of EastLake Shores. The proposal calls for 345 single
family lots, two recreation areas, and four open space lots containing over 26 acres. Staff recommends
approval of the resolution. (Director of Planning) Continued from the meeting of 1/12/93.
Paul Manganelli, Senior Planner, briefly described the project. He focused on the circulation elements of
the project as requested by Council.
Councilman Fox asked when the agreement regarding affordable housing would be forthcoming.
Mr. Manganelli responded that was Condition 62 of the Final Map and would be presented to Council when
the Final Map was brought forward.
Councilman Fox stated he understood Baldwin would be required to provide the Community Purpose Facility
whether or not the Otay Ranch was annexed. He stated his desire that the facility be located in close
proximity to Telegraph Canyon Estates.
Mr. Manganelli replied that staff would look at the location in a broad context relative to the Eastern
Territories as a whole and it would not be absolutely required to be within a specific distance of Telegraph
Canyon Estates but would be in the General Planning and Service Area. He noted that Baldwin had
proposed meeting the facility requirement in the first village of Otay Ranch which was in relative close
proximity to Telegraph Canyon Estates.
Mr. Manganelli pointed out that the revised School Condition wording, as recommended by the School
District, was placed before Council prior to the start of the meeting.
This being the time and place as advertised, the public hearing was declared open.
Tim O'Grady, 2029 Port Cardiff, Chula Vista, CA 91911, representing the Baldwin Company, thanked staff
and noted Baldwin's concurrence with the resolution and all conditions contained within.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 16960 APPROVING THE TENTATIVE SUBDIVISION MAP FOR TF.I.F. GRAPH CANYON
ESTATES, CHULA VISTA TRACT 93-03; AND MAKING THE NECESSARY FINDINGS; READ OFfING THE
STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM FOR
FIR 91-05
City Attorney Boogaard stated staff requested Councfi amend the motion by substituting the language in Item
No. 37 as contained in the handout.
MSC [F'oX/Horton] to amend Condition No. 37, 4-0-1, with Nader absent.
RF~OLUTION 16960 AS AMENDED, OFFERF~ BY COUNCILMAN MOORE, reading of the text was waived,
passed and approved 4-0-1, with Nader absent.
Minutes
January 19, 1993
Page 4
'\
ORAL COMMUNICATIONS j
Carol Raty, 873 Fairway Court, Chula Vista, CA 91911, stated her property bordered both sides of the
unimproved flood channel between Hilltop Drive and Fourth Avenue, and K Street and Fairway Court. The
channel, over the past ten years, has become wider and deeper and has eroded the property, which had left
only eight feet of property between the channel and the house. The matter was brought to the attention
of City engineers two years prior when there was twelve feet of properly. Because of the recent storms she
was in jeopardy of losing the home and it had become a safety and environmental problem.
Diane Nasdeo, 272 Sierra Way, Chula Vista, CA 91911, stated her property was located next to the Telegraph
Canyon drainage ditch between L Street and K Street, and Second Avenue and Third Avenue, behind the
former AT&T Building located at 865 Third Avenue. She addressed the issue of the drainage ditch which
had moved into a canyon. Twenty years prior she moved into her home and the ditch was five feet wide
by five feet deep; erosion had now made it twenty feet wide and twelve feet deep and a major problem
currently existed.
Gordon H. Richards, 865 Fairway Court, Chula Vista, CA 91911, stated he was having the same problem as
other homeowners in the vicinity of the channel; his retaining wall had fallen into the creek. The problem
of run-off should be resolved prior to any new development being allowed in the area.
Councilman Kindone requested staff meet and confer with the residents and come back to the Council as
soon as possible, but no more than four weeks, with a report.
Councilman Moore stated he would look favorably at a shared partnership arrangement to make necessary
improvements.
City Manager Goss noted the City would make every effort to get funds through the Proclamation of
Existence of a Local Emergency caused by the recent major rain storms. .j
Carolyn Butler, 97 Bishop Street, Chula Vista, CA 91910, talked briefly about the problem caused in those
areas due to the rain storm.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
10.A. RESOLUTION 16967 AUTHORIZING SUBMITFAL OF AMICUS BRIEF IN CHULA VISTA CABLE
DISSOLUTION CASE - Staff recommends approval of the resolutions. (City Attorney)
B. RESOLUTION 16968 EXPRESSING ITS PREFERENCE THAT THE TRANSFER OF JONES CABLE
1NTF, RF. STS IN THE CITY TO COX CABLE SHOULD NOT OCCUR
City Attorney Boogaard stated Resolution 16968 in opposition to the sale be removed from the Agenda on
the basis of Mr. McKand's representation in a letter dated 1/15/93 and received 1/19/93 that, in fact, there
were no assets in the City that were affected by the proposed transaction; that it was all extra-territorial
assets of Jones; that it was the subject matter of the proposed sale to Cox Cable; and, in light of that the
City Attorney recommended that Council not take a position on the transaction.
Martin Altbaum, 581 C Street, Chula Vista, CA, urged Council to be supportive of the resolution regarding
his situation. He stated he needed Council's help and had no comments regarding the Jones' situation.
Charles C. Schrader, 440 L Street, Chula Vista, CA 91911, representing Casa Vianney Homeowners
Minutes
January 19, 1993
Page S
Association, a condominium complex, stated three concerns about the matter: (1) the homeowners would
like Chula Vista Cable to stay in business so they could continue with their service; (2) Cox Cable would not
have offered a lower rate or 60 channels to the west side of Chula Vista if Chula Vista Cable had not been
in existence to provide competition; and, (3) the Homeowners Association had a contract with Chula V/sta
Cable for a period of five years which saved subscribers a considerable amount of money compared to what
they would have to pay to Cox Cable. The Homeowners Association wanted to make sure the contract with
Chula Vista Cable would be enforced if Cox Cable took over as the only cable company in Chula Vista. He
stated the Homeowners Association wanted the City to maintain competition ff at all possible and the
manner to ensure this would be to pass both resolutions IO.A and 10.B.
Councilman Moore asked the extent of staff involvement in submitting an amicus brief.
City Attorney Booguard responded that Council would express its opposition to the dissolution as not being
in the best interest of the cable subscribers of the City through a resolution and not an amicus brief.
Councilman Fox asked if the City could work in conjunction with the City of National City on the issue.
City Attorney Booguard noted the City of National City would similarly pass a resolution expressing its
preference that dissolution of Tronex, the operator in their city, should not occur.
RESOLUTION 16967 O~'FERED BY COUNCILMAN FOX, reading of the text was waived, passed and appmved
4-0-1, with Nader absenL
MSC [Moore/Rindone] to table Resolution 16968 and direct the City Attorney to submit the Cox Cable
1/15/93 letter to the City Clerk to be made part of the record, approved 4-0-1, with Nader absent,
11.A. RESOLUTION 16940 APPROVING AN IMPLEMENTING AGRI~RMENT WITH HOME DEPOT U.S.A.,
INC, TO CARRY OUT THE DEVELOPMENT AGR ~MENT FOR DEVELOPMENT OF A RETAIL STORE AT THE
RANCHO DEL REY COMMERCIAL CENTER - The Development Agreement covers the parcels to be purchased
by Home Depot, Kmart, and The Price Company and requires Implementing Agreements be entered into prior
to issuance of building permits. Staff recommends approval of the resolutions. (Director of Community
Developmen0 Continued from the 1/5/93 meeting.
B. RESOLUTION 16941 APPROVINGANIMPLEMENTINGAGRR~MENTWITHKMARTCORPORATION,
INC. TO CARRY OUT THE DEVELOPMENT AGI~ F. RMENT FOR DEVELOPMENT OF A RETAIL STORE AT THE
RANCHO DEL REY COMIMERCIAL CENTER
C. RESOLU'HON 16942 APPROVING AND AUTHORIZING EXECIf~ON OF A PUBLIC FACILI'IIES
FINANCING AND IMPLEMENTING AGI~RRMENT WITH MAJOR RETAILER C CrHE PRICE COMPANY)
RANCHO DEL REY COMMERCIAL CENTER, AND ]~RI.&TED CEQA FINDINGS
Cheryl Dye, Economic Development Manager, presented a brief staff report and highlighted minor
modifications to the Implementing Agreements and Promissory Note that were presented to Council prior
to the meeting.
Councilman Moore asked if the $1.82 million in public improvements included streets other than East H
Street.
Ms. Dye noted they did not, only on-site. The $835,000 addressed the off-site improvements that were on
H Street and pertained to Paseo del Rey and Avila Way.
Councilman Moore asked if the educational training facilities agreement would be in place when the retailers
Minutes
January 19, 1993
Page 6
began operation.
Ms. Dye responded that Southwestern College and other providers would be tied down in Letters of
Agreement.
Councilman Rindone stated there were educational training facilities already in existence that could be
utilized.
Counc~man Fox noted The Price Club had planned to expand the Broadway Street store and maintain their
presence in the Montgomery Area.
Community Director Salomone stated that staff would work diligently with The Price Club as it related to
obtaining additional access.
Marcia Scully, Esq., of Sheppard, Mullin, Richter & Hampton, reviewed the risk assessment analysis.
Councilman Rindone complimented the diligent efforts of staff in pursuing the interests of the City.
RBSOLLrFIONS 16940, 16941, AND 16942 OFFERED BY COUNCILMAN RINDONE, reading of the text was
waived, passed and approved 4-0-1, with Nader absent.
12. REPORT FEASIBILITY OF SPLITlING BONITA LONG CANYON, OPEN SPACE MAIhrrF2~IANCE
DI:>-iRICT 14 - On 9/15/92, Council received written communication from Mr. and Mrs. Harry Hoffman
requesting that staff investigate the feasibility of dividing Open Space District #14 into two parts: 1) an
area that is maintenance intensive, and 2) an area that is in a natural state. The report deals with the issue
and its potential impact on the open space landscape maintenance districts. Staff recommends that the
Bonita Long Canyon, Open Space District #14 remain as one open space district. (Director of Parks and
Recreation and Director of Public Works)
MSC CHorton/Moore) that Bonita Long Canyon, Open Space Maintenance District 14 remain as one open
space district, approved 4-0-1, with Nader absent.
13. REPORT INFORMATION REGARDING THE PROPOSED ANIMAL SHELTER RECONFIGURATION -
On 8/9/92, Council expressed concern about the cost of temporarily relocating the Chula Vista Animal
Shelter. Staff was directed not to expend any funds for relocating the shelter until alternatives were
researched. The report provides Council with information on why staff has concluded the facility cannot
continue to operate at its present location without modification and compares impacts from modifying the
existing site to those of practical alternatives. Staff recommends that a modular office building, moveable
work room building, and asphalt parking lot be constructed on the current animal shelter site. (Chief of
Police)
Councilwoman Horton stated she did not know if she could agree with the report; she would investigate it
further.
MSC (Moore/Fox) to accept staff report, apprnved 4-0-1, with Nader absent.
ITEMS pUI.I.Rn FROM THE CONSENT CALF. NDAR
Item pulled 6.A.,B., and C. The minutes will reflect the published agenda order.
Minutes
January 19, 1993
Page 7
OTHER BUSINESS
14. CITY MANAGER'S REPORT(S)
· Proclamation. City Manager Goss requested Council proclaim a local emergency in the City as a
result of the recent rain. That was not to indicate that there was a disaster in the sense of substantial
property loss or an on-going threat, but the fact was that the substantial rains over the last few weeks
caused damage that may enti~e the City to federal funds. He pointed out that problems included scouring
of the channels and the overflowing of the Upper and Lower Otay Lakes had contributed to damage in the
City, which included a fifty foot section of the roadway being washed away and would require a substantial
expenditure to repair.
MSC (Moore/Fox) City Council find that the matter, as presented by City Manager Cross, arose a~er the
preparation of the Agenda and is of such an urgency that it cannot wait until the next Council meellng,
approved 4-0-1, with Nadex absent.
Councilman Rindone clarified that the Proclamation would be a necessary step that would allow the
submission of an application in applying for federal funds for assistance to repair the damage that had
occurred. He asked if the Heritage Road problem could be included.
City Manager Goss stated the City would pursue that as well as the section of the Telegraph Canyon Flood
Control Channel.
MSC (Moore/Horton) Counc~ proclaim the existence of a local emergency in the City of Chula Vista and
approve the Proclamation, approved 4-0-1, with Nader absent.
· Scheduling of meetings. City Manager Goss pointed out that neither Mayor Nader nor Councilman
Fox would be attending the Special Joint Meeting of the City Council/County Board of Supervisors on
Thursday, January 21, 1993.
· State budget. City Manager Goss reported on Governor Wilson's latest Fiscal Year 1994 state budget
proposal which included a $1.5 million cut to the General Fund as well as additional money being taken
from Redevelopment Agencies statewide. It was early in the process and staff would keep Council informed.
15. MAYOR'S REPORT(S) None.
16. COUNCIL COMMENTS
Councilman Rindone:
· Request for workshop on Methanoi as an alternative fuel for fleet vehicles in accordance with State
and Federal laws.
MSC (Moore/Rindone) direct staff to set meeting in workshop atmospheric, in a timely manner, on
alternative fuels, approved 4-0-1, with Nader absenL
Councilman Rindone complimented the City Manager's staff, specifically the Director of Building and
Housing, on the Building Permit System streamlining. He requested that additional City staff attend
Chamber of Commerce functions to show mutual support.
Councilman Fox congratulated staff for their participation in the heroic rescue of the boy caught beneath
the sidewalk in the storm drain. He complimented the Director of Community Development and his staff
on the fine work they did toward getting the LCP Amendment approved by the Coastal Commission.
Councilman Moore complimented the Secretary to the Redevelopment Agency on his extra effort in putting
together the presentation binder to the Coastal Commission.
Minutes
January 19, 1993
Page 8
Councilwoman Horton commended the Chula Vista Police and Fire Departments on the outstanding job they )
did in the rescue effort. She also thanked Chris Salomone for the long hours he and his staff spent getting
the Bayfront Plan ready to go to the Coastal Commission. She publicly thanked Coastal Commission Member
David Malcolm for his fine effort on behalf of the City, and Rod Davis for making a presentation on behalf
of the Chamber of Commerce at the Coastal Commission's public hearing.
Councilman Rindone extended appreciation, on behalf of the entire Council, to all of the Public Works staff.
Not only for the public rescue but also the untold hours and efforts they made, on behalf of the citizens,
during the long extended rainy period. He noted the Coastal Commission indicated, as did the Council, the
need of the Development Agreement to emphasize the appropriate phasing plan.
ADJOIJRNMFAqT
The City Council met in closed session at 8:47 p.m. to discuss:
Instructions to negotiators regarding compensation for represented or unrepresented employees pursuant
to Government Code Section 54957.6.
Potential litigation pursuant to Government Code Section 54956.9 - IGOU vs. the City of Chula Vista.
ADJOURNMENT AT 8:18 P.M. to a Special Joint Meeting of the City Council/County Board of Supervisors,
Thursday, January 21, 1993 at 2:00 p.m. at the County Administration Center, thence to a Special Council
Meeting/qNorksession on Monday, January 25, 1993 at 5:30 p.m. in the Council Conference Room, thence
to the Regular City Council Meeting on Tuesday, January 26, 1993 at 6:00 p.m. in the City Council
Chambers, and thence to a Special Council Meeting/la/orksession on Thursday, January 28, 1993 at 4:00
p.m. in the Council Conference Room.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Berlin D. Bosworth, Secretaryto the RedevelopmentAgency