HomeMy WebLinkAboutcc min 1993/03/23MINLrTES OF A REGUIAR MEE'IING OF THE CITY COLrNCIL
OF THE ~ OF CITLIIA VISTA
Tuesday, March 23, 1993 Council Chambers
6:07 p.m. Public Services Build/ng
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, R/ndone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttorney; and Beverly
A. Authelet, City Clerk
2. pLRDGE OF AIJ.EGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MI~: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a, Proclaiming the week of March 21 through March 27, 1993 as 'Boys and Girl's Club Week" -The
proclamation was presented by Mayor Pro Tern Rindone to Scott Mosher. Mr. Mosher introduced the Youth
of the Year - Joselyn Casillo and Tiffany Holden. Representatives of the Boys and Girls Club sang the "Chula
Vista" song.
b. Oath of Office: Oath of Office was administered by City Clerk Authelet to Cindy Burrascano -
Resource Conservation Commission; Elizabeth Allen and Tris Hubbard - Growth Management Oversight
Commission.
C. Commending Captain Michad Poboronchuk and his crew. The commendation was presented by
Mayor Pro Tern Rindone to Captain Michael Poboronchuk from Russia on his mission of peace, goodwill,
and culture. John Willitt, representative of the Tall Ship Society thanked the City for their support.
CONSENT CAT .ENDAR
(Items pulled: 8, 9 and 12)
BALANCE OF THE CONSENT CALENDAR OM"ERED BY COUNCILMAN MOORE, reading of the text was
waived, passed and approved unanimously. Item 23B was induded on the Consent Calendar.
5. WRITI'ILN COMMUNICATIONS:
a. Letter requesting the Cultural Arts Commission adopt (sponsor) Valle Lindo Elementary School -
Susan Mahler, Principal, Valley Lindo Elementary School, 1515 Oleander Avenue, Chula Vista, CA 91913..
Staff recommends that this item be referred hack to the Cultural Arcs Commission for placement on their
April meeting agenda.
b. Letter requesting code amendment and rezoning of properly- Mr. and Mrs. John D. Parkln, 612 Elm
Avenue, Chula Vista, CA 91910. It is recommended that Council direct staff to schedule a meeting with Mr.
and Mrs. Parkin to discuss alternatives. It is recommended that Council direct staff to schedule a meeting
with Mr. and Mrs. Parkin to discuss this alternative.
Minutes
March 23, 1993
Page 2
c. Letter requesting City participation in Regional Graffiti Eradication Program - Councilman Leonard
M. Moore. Staff recommends that this proposal be approved in concept and be referred to staff to work with
Councilman Moore on the implementing details.
6. ORDINANCE 2546 AMENDING ORDINANCE NUMBER 2532 OF THE CITY' BY ADOPTING
CALIFORNIA COASTAL COMMISSION'S 1/15/93 ACTIONS ON THE C1TY'S LOCAL COASTAL PROGRAM
RESUBI~IH'I'AL NUMBER EIGHT AND ACCEPTING AND INCORPORATING MODIFICATIONS TO THE
SPECIFIC PLAN (second readin~ and adoption) - On 10/13/92, Council approved and adopted the Local
Coast Program Resubmittal (LCP Number Eight) and corresponding General Plan Amendment based upon
the Bayfront Planning Subcommittee's Alternative Plan. LCP Number Eight was submitted to Coastal
Commission staff for review and docketing before the California Coastal Commission (CCC). On 1/15/93,
the CCC adopted LCP Number Eight with minor modifications acceptable to City staff and consultants.
Pursuant to State Coastal Act, the Council is now requested to adopt and authorize the CCC actions on LCP
Number Eight to the Land Use Plan and Specific Plan. Staff recommends Council place the ordinance on
second reading and adoption. (Director of Community Development)
7. RESOLUTION 17038 APPROVING LEASE AGI~RF. MENT WITH ASSEMBLY RULF~ COMMITt'Id.I?,
OF THE STATE OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE OFFICE SPACE TO ASSEMBLYMAN
STEVE PEACE - Assemblyman Steve Peace was reelected in November 1992 and it is proposed to extend his
lease of office space for another two years. Staff recommends approval of the resolution. (Director of
Finance)
8. RESOLUTION 17039 APPROVING A CONTRACTUAL AGI~REMENT WITH STARBOARD
CONSTRUCTION, INC. FOR PROjECT MANAGEMENT SERVICES FOR THE SOUTH CHULA VISTA LIBRARY
TO BE CONSTRUCTED AT THE CORNER OF FOURTH AND ORANGE AVENUES - The California Library
Construction and Renovation Bond Act allows the City to hire a project manager to perform technical review
of the South Chula Vista Library program to ensure that the project comes in on time, within budget, and
meeting all the requirements of the grantor. Full funding for project management services has been
appropriated in the Library's Capital Improvement Project LB12S. Grant funds will reimburse the City a
maximum of $78,000 for project management and cost estimation. Staff recommends approval of the
resolution. (Acting Library Director) Pulled from the Consent Calendar.
RESOLUTION 17039 OFFERED BY MAYOR NADER, reading of the text was waived, passed and appro~ed
unartimonsly.
Mayor Nader requested that staff provide an information item outlining exactly what services in the contract
were being provided that would not normally be provided by the contractor chosen to carry out the project.
9. RESOLLrHON 17040 RESCINDING RESOLUTION 16959 WHI(}I CHANGED THE NAME OF
OTAY LAKES ROAD TO TR.I .RGRAPH CANYON ROAD BETWF. RN TRI .RGRAPH CANYON ROAD AND WUESTE
ROAD - The street name change was approved on 1/12/93 by Council. The item was reconsidered on
3/2/93, at which time the Council overturned their original decision. Staff recommends approval of the
resolution. (DirectorofPlanning) Pulled from the Consent Calander. Contiuuedtothemeetingof4/13/93.
10.A. RESOLUTION 17041 MAKING FINDINGS ON PEfH'ION IN ASSESSIv'lENT DISTRICT NUMBER
92-2 (AUTO PARK) - Chula Vista Auto Park Inc. has requested the City to initiate proceedings to form a
Minutes
March 23, 1993
Page 3
public financing district for the improvement of public facilities associated with the Auto Park development.
They have also signed an agreement providing for the advance of funds to pay for all initial consulting, City
administration, and appraisal expenses relating to the formation of a public financing district subject to
reimbursement from bond proceeds. Staff recommends approval of the resolutions. (Director of Public
Works)
B. RESOLUTION 17042 MAK/NGAPPOINTMENTSINASSESSMENTDISTRICTNUlVBER~r2-2fAUTO
PARIQ
C. RESOLUTION 17043 APPROVINGAREIMBURSEMENTAGRF-EMENTWITHCHULAVISTAAUTO
PARK INC. FOR ALL INITIAL CONSULTING AND ADMINISTRATIVE COSTS AND EXPENSES ASSOCIATED
WITH FORMING A PUBLIC FINANCING DISTRICT FOR TIlE AUTO PARK PUBLIC IMPROVEMF. N'~,
WAIVING CONSULTANT SP~ -~CTION PROCESS AND GUIDELINES, AND APPROVING AGI~F-F-MENTS WITH
BROWN, DIVEN AND HENTSCHI(E AND STONE & YOUNGBERG FOR SERVICES/k~SOCIATED WITH SAID
DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AG~
D. RESOLUTION 17044 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NUMBER 9'2-2 (AUTO PARK)
E. RESOLUTION 17045 DECLARING I~ON TO ORDER THE INSTALLATION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE DONE TO BE
OF MORE THAN LOCAL OR ORDINARYBENEFrr; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR
ASSESSMENT DISTRICT NUMBER 92-2 (AUTO PARK)
11. RESOLUTION 17046 APPROVING THE FINAL MAP FOR TRACT 93-04, [$.IJ~N
CONDOMINIUMS - On 9/23/91, the Planning and Public Works Departments waived the Tentative
Subdivision Map for Tract 93-04, Mellon Condominiums. The Final Map for said development is now before
Council for approval. Staff recommends approval of the resolution. (Director of Public Works)
12. RESOLUTION 17047 REAPPROPRIATING FUNDS, RESCINDING AWARD OF CONTRACT TO
NELSON ROOFING, INC. FOR THE POLICE DEPARTMENT BUILDING REROOF1NG AND AWARDING
CONTRACT TO THE SECOND LOW BIDDER. LA QUINTA ROOFING, INC. - On 2/9/93, Council awarded
contracting for the Police Department building reroofing to Nelson Roofing, Inc. The contractor, however,
was unable to provide the required liability insurance before the contract could be executed. Nelson
Roofing, Inc. was notified of the proceedings and was unresponsive. Staff recommends approval of the
resolution. (Director of Public Works) 4/5th's vote requ/red. PuLled from the Consent Calendar. Continued
to the meeting of 4/13/93.
13. REPORT OTAY CORPORATE CENTER NORTH PROJECT - On 1/11/93, Council
received a written communication as to the current status of staffs review of the "Otay Corporate Center
North' project, a 178-acre industrial subdivision located in the City of San Diego on Otay Mesa. In the
communication, staff indicated its intention to provide public testimony in opposition to the project at the
1/14/93 hearing of the San Diego Planning Commission. The report serves as a follow-up to that
communication and the Planning Commission's subsequent recommendation to the San Diego City Council
for approval of the project. Staff recommends acceptance of the report. (Director of Planning)
Minutes
March 23, 1993
Page 4
City Attorney Boogaard informed Council that staff was seeking additional authority to identify and assert
objections in the report and any and all other further objections staff may be able to interpose to the Otay
Corporate Center North project on the Otay Mesa.
Mayor Nader stated that would be accepted as part of the report and approved on the Consent Calendar.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING CONSIDERAT[ON OF MASTER FEE SCHEDUI~ UPDATE AND RELATED
CHANGES TO THE MUNICIPAL CODE - The second phase of the Master Fee Schedule update will: (1) make
several administrative and technical changes in the Municipal Code relating to the assessment of fees; (2)
update designated existing fees to account for increases in costs; (3) make adjustments in fees to provide
for more equitable and accurate cost assessment; and (4) propose adoption of new fees for recently evolved
services or for special services currently being provided at no additional charge. Staff recommends Council
place the ordinance on first reading and approve the resolution. (Director of Finance) Continued from the
meeting of 3/16/93.
A. ORDINANCE 2547 AMENDING SECTIONS 3.44.021, 9.12.160, 9.12280, 9.13.0S0, 13.14.090,
13.14.110, 13.14.120, AND 13.14.150 OF THE MUNICIPAL CODE AND ADDING SECTIONS 5.36.035 AND
15.36.015 OF THE MUNICIPAL CODE, J~F.I.&T[NG TO FEES AND SERVICE CHARGES (fLnt reading}
B. RESOLUTION 17048 AMENDING THE MASTER FEE SCHEDULE TO EFFECT CHANGES IN
DESIGNATED EXISTING FEES AND ADDITION OF NEW FEES
City Manager Goss gave an overview of the item. He informed Council that development impact fees to the
developers and churches were not before Council. The City had cut costs, achieved increased efficiency,
made enttepreneurial efforts, had parmerships with other agencies, and was seeking and obtaining non-tax
revenues. He also reviewed major and minor cost savings to the City. The proposal was not to increase
revenue in order to balance the City budget but a sincere effort to create better equity within the fee
schedule. The proposal attempted to avoid having the general tax payer paying for special services.
Mayor Nader stated that if Council wanted to implement policies regarding enterprise zones and affordable
housing that they would need to give staff direction along with any other action taken.
City Manager Goss stated that would be his recommendation as staff did not have those details worked out.
Staff would have to see how it would work, legal implications, and talk to the interested parties in the
community.
Antonio Castto, 158 Zenith, Chula Vista, CA, waived his time.
John Seymour, 6336 Greenwich Drive, #F, San Diego, CA, representing the Constriction Industry Federation,
submitted a letter to Council. He stated the fee increases were reasonable, justified, and lawful but they
were concerned about levying any new fees or fee increases on new construction and business at the current
time. He requested that Council delay implementation of specific fee increases for one year or until the
economy reached a healthy/normal level. An alternative would be to set up a workshop with City staff,
Council, CIF, Chamber, and industry representatives to review the cumulative impact of all fees that would
be coming before the City in the next twelve months.
Minutes
March 23, 1993
Page 5
Councilman Rindone referred to the information presented regarding Chula Vista's fees on new business and
questioned whether it was the highest aggregate total of the eighteen cities in the county.
Mr. Seymour responded that was correct.
Councilman Pox stated the staff memo indicated that ff the items were deferred it would cost the taxpayer
$296,600 in subsidies because the City was not currently charging enough for those services.
Mr. Seymour stated their analysis showed that at long as businesses were not producing the revenues there
was a subsidy. However, when the businesses started to pick up again there would be a positive revenue
source that would more than cover any subsidy.
City Manager Goss stated that would not be going back and repaying the subsidy that the taxpayer had
made. He felt there were two separate issues.
There being no further public testimony, the public hearing was declared closed.
City Manger Goss stated the three active builders in the City had indicated the package before Council would
not impact them adversely. The DIP would not be piecemealed but brought back to Council as a complete
package.
Counc~man Moore stated he was impressed with the package as it was a complete fee schedule. If the
package was approved and it was found that there was a fee that was adverse to a new business, staff could
then recommend a waiver to Council. He did not feel the program should be piecemealed.
Councilman Fox agreed with Councilman Moore. He felt citizens had been given misleading information
and that information regarding proposed decreases had not been reported. The Council was elected to look
out for the taxpayers and that if Council did not take action taxpayers would be charged and services could
suffer. He agreed with the recommendation that the fees regarding churches should be reviewed in order
to make them more neutral.
Mayor Nader stated that enterprise zones or targeted businesses through the economic development program
that the City would be looking at giving breaks not only on certain increases contemplated in the proposed
action but also on existing fees if it seemed appropriate to generate jobs in the community. He expected
staff to come back with that in the future. He wanted to direct staff to implement a moratorium on the
increases contained within the package as to housing units that met the definition of low-income housing
as defined in the Comprehensive Housing Affordability Strategy of the City. If in implementing a
moratorium, staff found that it caused a greater subsidy than intended or forced the City to look at cutbacks
in other service areas, etc. staff would then come back to Council with a report for appropriate action.
Councilman Rindone complimented staff for their comprehensive review and report. He supported trying
to create better equity and trying to eliminate specialized benefits to certain tax payers but felt Council
should "pick and choose" as he was not prepared to act upon the whole package. It was not a dire necessity
that Council raise the fees across the board. He agreed there needed to be better equity and he could
support that but felt ff the package was to be approved it needed to be revenue neutral. There was never
a perfect time but due to the present economy now was not the time. The City of Chula Vista was riseally
sound and had the highest rate of fees and the package, unless revenue neutral, was not essential. The
message should be sent to the community that the Council was doing everything possible to hold the line.
He felt Council should send back the package so it would be revenue neutral or review the package after
the approval of the budget.
Minutes
March 23, 1993
Page 6
Mayor Nader felt the issue was not whether the package was revenue neutral to the City but whether it was
revenue neutral to the tax payers. Tax payers were currently subsidizing special services. It was his
understanding that Chula Vista had the lowest per capita tax revenues in the County. He preferred the
proposed increases rather than cutting services or considering further increases.
Councilwoman Horton felt staff had done a fabulous job and agreed with many of the comments made. The
business community had reviewed the package and responded and Council needed to listen to what the
community was saying.
MOTION: (Horton) to approve the package excluding the items listed by the CIF (business licenses change
of location; businesses wishing to subscribe to agendas, minutes; dosing out sales; spedal sales event -
downtown improvement district - delinquency fees; storm drains - ddinquency fees; wastewater discharge
permit fees; wastewateer discharge permit fees - compliance charges; wastewater discharge permit fees -
delinquency fees; variances - public hearings; conditional use permits - public hearings; and flammable
and/or combusu~le storage - installation and removal fees) and address after the budget review in June.
Motion died for lack of second,
MS (Nader/Fox) direct staff to implement a moratorium on fee increases as applied to units of low-income
housing as deemed in the City's Comprehensive Housing Affordab~ity Strategy.
Mayor Nader stated if the motion passed he would be interested in a waiver policy. His intent would be to
institute something so low-income housing would be provided in the community that would make it as easy
as possible for any interested developer. His intent was a definition that would not allow abuse of the
policy.
Councilman Moore stated he would like to see the single family dwelling unit, duplex, triplex under the
same heading as businesses that wanted to expand or improve.
CouncilWoman Horton felt staff should return with more defined information on the issue.
Mayor Nader wanted assurance that during the time it would take the report to come back to Council that
there would not be the situation where low-income housing would be charged additional fees.
Gerald Young, Administrative Analyst, informed Council that each of the development fees being discussed
would not be taking affect for sixty days and staff would return to Council before that time with a proposal.
MOTION WITHDRAWN: (Nader/Fox)
Mayor Nader stated he supported the concept but did not want to be restricted to the $70,000 or revenue
neutrality. If the tax payers were subsidizing specialized services he did not want to insist that staff return
with a package that required the subsidy continue. He wanted to make sure that the fee adjusl~nents being
made did not result in a burden to needed low-income housing, existing businesses, or job producers.
Councilman Rindone stated he agreed with the points about equity and specialized services. If referred back
to staff it would be an equitable package that was revenue neutral and not burdensome to the tax payers.
MS (Rindone/Horton) refer the package to staff to look at low-income housing and general fee charges to
the tax payer and to seek as close to revenue neutrality as possible in the revision of the Master Fee
Schedule. Staff is to return before the end of April.
Minutes
March 23, 1993
Page 7
Councilman Fox stated he could not support the motion as the delay would cost the taxpayers additional
subsidy.
SL1BS'I1TL1TE MOTION: (Moore/Nader) direct staff to reviewthe MasterFee Schedule involving the general
tax payer, the Affordable Housing and Established Businesses Element, and the process of expansion and
hnprovements and return with a report on the off-setting fee adjustments prior to the effective date of the
resolution.
Cheryl Fruchter, Revenue Manager, informed Council the development fees were delayed sixty days from
going into effect but the other fees would become effective immediately.
City Attorney Booguard stated that Council could set the effective date.
Mayor Nader summarized the intent of the motion: Council would take action on the Master Fee Schedule
but direct that no fees take effect until Council had an opportunity to act on the report included in the
motion. The report was to come back to Council preferably within two weeks but no later than thirty days.
Councilman Moore stated he did not want to put a date on the motion.
Councilman Moore stated he did not use the term "revenue neutral" but when the report came back the
Council would find out the savings to the general tax payers, the affordable housing elements, and the
businesses in the process of expanding or improving.
Councilman Rindone stated he would not vote for the motion as he felt staff needed specific direction.
Councilman Moore stated he would include 4/20/93 as the date for the report to come back to Council.
VOTE ON SUBSTITUTE MOTION: approved unan/mously.
RESOLLrl'ION 17048, AS AMENDED, OFFERED BY MAYOR NADER~ reading of the text was waived.
City Attorney Booguard stated the Resolution should be amended, page 14B-l, to include "said changes in
repeal to be in effective sixty days following adoption hereof on the condition a report as defined was
returned to the City Council no later than 4/20/93". The sixty day clock would start but stop if the report
was not returned to Council by 4/20/93.
Mayor Nader stated the motion did not say unless the report comes back by 4/20/93. The fees would not
take affect until such time as the report had come back and been acted upon by Council.
VOTE ON RESOLLrHON 17408, AS AMENDED: approved 4-1 with Rindone opposed.
ORDINANCE 2547 PIECED ON FIRST READING BY COUNCILMAN MOORE, reading of the text was waived,
passed and approved ,I-1 with Rindone opposed.
15. PUBLIC HEARING VARIANCE ZAV-93-06; APPEAL OF THE DECISION OF THE PLANNING
COMMISSION TO DENY A REQUEST TO REDUCE THE REQUIRED SIDEYARD SETBACK FROM TEN FEET
TO SIX FEET AT 140 MANKATO SIREET - GERALD DREWETT FOR CORA MARGU1A - The proposal seeks
to reduce the sideyard setback from 10 feet to 6 feet in order ro construct a 15 foot by 33 foot (495 square
feet) carport on the westerly side of the dwelling at 140 Mankato Street in the R-1 zone. The Zoning
Administrator denied the request on 12/14/92, and the Planning Commission affirmed the decision and
Minutes
March 23, 1993
Page 8
denied an appeal on 1/27/93. The matter has been appealed to Council. Continued from the meeting of
3/9/93. Staff recommends the public hearing be opened. public testimony taken and continued to 4/13/93.
(Director of Planning)
MSUC (Nader/Fox3 to continue the public hearing to the meeting of 4/13/93.
16. pUBlIC HEARING PCM93-14, PCZ93-H: CONSIDERAT[ON OFTHE FINALENVIRONMENTAL
IMPACT REPORT (EIR 90-02), GENERAL DEVELOPMENT PLAN, AND PLANNED COMMUNITY PRE-ZONE
FOR SAN MIGUEL RANCH - Development of up to 1,619 dwelling units and related uses is proposed on
2,590 acres. Staff recommends Council place the ordinance on first reading and approve the resolution.
(Director of Planning) Continued from the meeting of 3/16/93.
A. ORDINANCE 2548 APPROVING THE PREZONING TO P-C PLANNED COMMUNITY (PCZ 93-H)
AND THE P-C DISTRICT REGULATION AMENDIVIFANTS FOR THE SAN MIGUEL RANCH GENF_.RAL
DEVELOPME. NT PLAN (first reading)
B. RESOLL1TION 17049 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEJR-90-2)
OR THE SAN MIGUEL RANCH PROJECT, APPROVING THE SAN MIGUEL RANCH GENERAL DEVELOPMFAqT
PLAN (PCM 93-14), MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM,
AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
Gordon Howard, Principal Planner, reviewed the project and major issues. Doug Reid, Environmental
Review Coordinator, reviewed the EIR. Katherine Hon, Ogden Environmental, reviewed the major significant "/
impacts of the project.
Councilman Fox questioned whether an alignment for SR12S had been addressed in the Statement of
Overriding Considerations.
Councilman Kindone stated it was his understanding that there was a plan for the urban runoff for the
northern portion and questioned whether there was a plan to address the concern for the urban runoff for
the southern portion, if approved, and the northern portion if delayed.
Mr. Howard stated there would be no drainage from the southern portion to the Sweetwater Reservoir.
However, there would be a general drainage concern downstream. The EIR identified that at the SPA plan
level the applicant would have to submit for approval of a comprehensive plan for drainage which would
not increase the runoff from the urbanized development area on the southern parcel to the downstream
areas.
Councilman Fox stated that County Supervisor Bilbray requested a delay in order to seek an amendment to
the County Circulation Element and there were also arguments there should be a delay until the NCCP was
completed in 1994. He questioned what the time frame would be in order to obtain an amendment from
the County.
Mr. Howard guessed it would be at least one year as an environmental review would be required.
Mayor Nader questioned whether the EIR identified significant or unmitigable impact in terms of
-\
constraining the routing of SR125 or if it was the consultants position that there was no such impact. )
Minutes
March 23, 1993
Page 9
Ms. Hon responded they did not analyze the alignment of SR125 as a significant impact because there was
not enough information known about where the alignment would be. The applicant assumed, to be
consistent with the City of Chula Vista General Plan, that the alignment would be along the Proctor Valley
West alignment, and that is what they analyzed when they looked at noise impacts and other impacts of the
development. In the transportation section, they looked at where the alignment could also go through the
development and did conclude that there wasn't much flexibility if CalTrans chose another alignment and
the development was already in. The impacts on the development under that future scenario would be so
significant as to make those particular alignments infeasible. In the comments to the supplemental FIR
CalTrans had stated they felt there was flexibility and several other alignments that could go through even
if the southern portion of the development was in place.
Mayor Nader questioned the impact of run-off water polluting the reservoir with the development of the
northern project.
Ms. Hon stated that was identified as a significant impact and the mitigation proposed was the Run-Off
Protection Plan that the Sweetwater Authority was in the process of putting in their FIR. The south portion
should also have a storm water management plan. The RCC was concerned that the storm water
management plan was not in place so it could be included in the EIR.
Mayor Nader questioned the conclusion in the EIR on the funding of schools and the conclusion of the EIR
on the unavailability of water and sewer capacity.
Ms. Hon responded that it was a significant impact that was mitigable with Mello Roos. Water and sewer
were mitigable with improvements to the Metro System.
Mayor Nader questioned what "superior level of planning and design" required the destruction of Gobble
Knob and Horseshoe Bend.
Robert Leiter, Director of Planning, stated that alternative plans had been presented to Council in October
end it was staffs understanding that Council wanted to consider a plan that would eliminate those land
forms. There were ways to accommodate those facilities and still preserve the land forms but there was
some loss of efficiency.
Councilwoman Holton stated that Horseshoe Bend and Gobblers Knob were not significant enough to be
considered significant in the General Plan and was not designated to be preserved,
Mayor Nader stated Mr. Leiter was correct but he was addressing a specific statement within the Statement
of 0ven'iding Considerations which was a legal document and needed to be factually accurate to withstand
a legal challenge.
This being the time and place as advertised, the public hearing was declared open.
Denise Ashton, Tierra Planning and Design, 34191 Camino Capestrano, Capestrano Beach, CA, end David
Nairne, San Mignel Parmers, 4350 La Jolla Village Drive #950, San Diego, CA, presented a slide presentation
and brief history of the project. Mr. Nairne stated they would like to see two issues mended: 1)
recommended conditions of approval on the GDP, Section D, "first sectional planning area'. The actual
conditions that follow that des/gnat/on of "first" are not exclusively correct in circumstances where the
developer processed separate SPA's for different elements of the project. They felt the word 'first' should
be changed to 'appropriate SPA" and the qualifier "at the discretion of staff' added. Staff felt that change
was appropriate. The second issue dealt with Condition #11, last two sentences, which he suggested be
deleted. The issue arose from the development of the northern port/on or the potential non-development.
Minutes
March 23, 1993
Page 10
If the applicant was required to preserve the 850 acres to the north as open space, the question was whether
it was Council's policy to also take the overlay zone and redesign the south to have fewer units when the
public good was being served with the preservation of the north for biological resources. The problem for
the developer was that it was a negative incentive to consider the option of developing the north into a
biological preserve. The developer should not be saddled with additional loss of density to the south when
the best use to the north is a biological preserve.
Councilwoman Horton stated she agreed with the developers request as she was not sure that larger lots
would be appropriate from a marketing standpoint given information presented.
Councilman Rindone questioned if it was the applicants understanding that the interchange was at the SPA
level.
Mr. Nairne responded that was correct. The SR125 interchange was deleted from the latest plan and a
decision as to the location of the interchange was being left to CalTrans in their EIR. They were proposing
that there not be an interchange in the project. If that were to change, they would need to restudy the issue.
Mayor Nader questioned the reduction in the number of units if the Hillside Overlay provisions had been
applied to the project.
Mr. Leiter responded that a specific analysis had not been done. The plan was in eonformance with the
General Plan policies regarding grading, etc.
Mr. Nairne stated the EIR, in the original draft, found Gobblers Knob and Horseshoe Bend significant but
in the latest supplemental draft they were not determined to be significant land forms under the General
Plan. They were found to be significant from a visual stand point.
Councilman Fox stated the completion of the South County NCCP, the completion of SR125, and the
amendment to the County Circulation Element could all drastically alter the General Development Plan as
presented. He questioned whether the project would be in jeopardy if the northem portion was precluded.
Mr. Nairne stated it would jeopardize the project if the northern portion was totally eliminated; that was
why they suggested it be held in abeyance for one year.
* * * Council recessed at 9:11 p.m. and reconvened at 9:26 p.m. * * *
Those speaking in opposition to the staff recommendation due to the EIR being incomplete, not in
compliance with CEQA guidelines, density, need to preserve unique land forms, linkage to existing horse
trails, destruction of habitat, retention of existing zoning, concern regarding run-off, incompatibility with
Southwest Community Plan, air quality, noise, traffic and circulation impacts:
· Muriel Watson, 3120 Anderson Street, Bonita, CA
· Elizabeth Lasswell, 6565 Jonel Way, Bonita, CA
· Brent Rivers, 663 Port Dunbar, Chula Vista, CA, representing Crossroads
· Michael J. Roark, owner 3645 & 3655 Proctor Valley Road, representing Sunnyside Equestrian
Ranch Community
· Robert Thompson, 6503 San Miguel Road, Bonita, CA
· Stephen Ezakovich, 7475 Carrie Ridgeway, San Diego, CA, representing the Sierra Club, opposed
consU-uction and development in the northern portion.
· Toni Ingrassia, 4463 Acacia Avenue, Bonita, CA, representing Sweetwater Community Planning
Group
Minutes
March 23, 1993
Page 11
· E.J. Burley, 6500 San Miguel Road, Bonita, CA
· Gretchen Burkey, P,O. Box 321, Bonita, CA
· George Kost, 3609 Belle Bonnie Brae Road, Bonita, CA, representing Sweetwater Valley Civic
Association
· Eugene J. Sprofera, 3311 Fairway Drive, La Mesa, CA, Legislative Analyst #580
Mayor Nader though there was a policy that planned communities were to go before the Parks and
Recreation Commission for their/nput.
Mr. Howard responded that the Parks and Recreation Cornmission did not review the project.
Mr. Leiter stated they had not reviewed the project and he was unaware that there was such a policy. It
could be addressed with the Parks and Recreation Commission at the SPA level.
Councilwoman Horton requested clarification of the listing of Bonita Road from Central to Otay as a four
lane road. She also questioned whether a financing mechanism was in place to widen that portion to four
lanes.
Mr. Howard responded that the reference in the EIR was at build-out and not the existing condition. The
question of financing and when specific improvements would occur were at the SPA level.
David Solomon, 5555 Overland, San Diego, CA, Deputy County Engineer, County of San Diego, expressed
concern regarding the impacts of circulation on unincorporated areas of the county. He was also concerned
that the traffic impacts were not being mitigated until the SPA plan and felt they should be considered now.
Councilman Fox questioned whether the developer could apply for an amendment to the Circulation Element
with the County without a GDP in place.
Mr. Solomon responded that they needed to proceed and work hand in hand.
Ms. Hon stated the traffic analysis focused on comparing the impacts of the project to the General Plan and
in that situation comparing the project impacts to the build-out situation. Therefore, they did not get into
an interim situation. That would be addressed at the SPA level.
There being no further public testimony, the public hearing was declared closed.
Councilman Moore noted that on page 16-7 it stated that ~no subdivision map will be approved until final
alignment for SR12S is in place".
Mr. Howard responded that Councilman Moore was correct that was the City policy.
Mayor Nader stated the question was not what was City policy but was what Councilman Moore read
included in the action by Council. Was it a provision in the General Development Plan that no subdivision
map would be approved until final decision was made on the alignment for SR125.
Mr. Howard stated that Mayor Nader's question was not specifically referenced and staff felt that it should
be.
Mr. Nairne stated that Condition # 11 provided that if a route for SR125, different than shown in the General
Development Plan, occurred and resulted in significant alteration to the proposed project at the SPA level
Minutes
March 23, 1993
Page 12
of review they would be required to redosign. They had agreed that in the areas where the alignment was
shown for SR125 would be the last phases developed.
Councilman Fox stated he had a problem with the number of issues being deferred to the SPA level. The
whole concept cotlid be different in a year and he felt some of the issues shotrid be resolved before getting
to the GDP. The City did not know the access route or ultimate number of lanes because the developer had
to apply for a General Plan Amendment through the County and as Mr. Solomon had stated it should be
done concurrenfiy with the GDP. As it related to the northern portion, the South County NCCP needed to
be completed. The alignment of Sl{125 and the urban run-off in the northern section had him extremely
concerned that the Council was moving to quickly. He preferred the first alternative which would certify
the EII{ and delay the GDP for resolution of those issues. He was not convinced there was a conceptual plan
at this point.
Mayor Nader stated he had many of the concerns expressed by Councilman Fox. He found it disturbing that
the City's land use process seemed to be driven not by considerations of sound land use planning, not by
considerations of environmental protection, not by quality of life, or even adherence to the General Plan but
by banking regulations the City had no control over. Reluctantly he felt ready to vote to certify the EIi~. as
it basically analyzed the issues involved. He had serious problems regarding the two land forms on the
southern portion of the propero/and that the Statement of Overriding Considerations justified the alterations
or the impacts of the project as a whole. He also had concern regarding the northern parcel and felt the
NCCP process was incomplete and suspected that the project would not be before Council currenfiy if not
for the developers financing considerations. He was inclined to not approve the northern portion, approve
the GDP for the southern portion and the resort portion of the northern portion with changes that would
require that at the SPA level the developer would return with a development plan that would preserve the
land forms and reallocate the amenities which would probably result in some reduction in total densities.
That way there was a defensible environmental review document and more certainty at to what Council was
approving. The best alternative to that would be Alternative #1.
MSUC (Nader/Fox) to certify the FIR for San Migud Ranch.
MS (Naderfi~ox) to amend the GDP to delete the residential uses in the northern parcel and nquire
presezvation of the two natural land forms identified as significant in the southern parcd; move the
amenities presently located on those land forms, i.e, Cornm~lBity park and elenlentary school, to other
portions of the southern parcel.
City Manager Goss stated that with the designation of the two land forms and the replanning around it, it
would cause the area to be replanned and those issues would have to be addressed again.
Councilman Moore questioned what the preserving of the two land forms would do.
Mr. Howard responded that it would definitely require a significant rodesign of that area of the project. It
would also have a probable impact on the Otay Tar Plant preserve proposed by the applicant.
City Attorney Boogaard stated the Horseshoe Bend alternative was rejected but was described on page 81
of the Findings of Fact and gave some idea of the consequences. If there was a move to change the project
it would require further and more detailed environmental approval before Council could vote on final
approval as to the Ell{ had analyzed a much different project.
Mayor Nader stated the Ell{ had analyzed a more intense project than the motion. If overriding
considerations applied to a more intense project they would also apply to a less intense project. Staff had
presented two alternative circulation designs which could accommodate those land forms, one of which put
Minutes
March 23, 1993
Page 13
a road through a biological land preserve and he did not contemplate that would be the alternative staff
would be looking at.
City Attorney Boogaard stated that if Council was going to override the impacts with their motion they
would need an Overriding Statement. He recommended that the motion be to redefine the project in the
form of the GDP and then send it back to staff to come back with whatever ardenrum to the EIR was
necessa~].
Mayor Nader suggested that staff develop it along the lines that was within the impacts of the certified EIR
which ruled out one of the circulation alternatives outlined.
Councilman Moore stated he could not support the motion due to the drastic changes. The City had worked
with the property owners for years, the Planning Commission had voted unanimous approval, and to change
it now was nor a good way to operate.
Councilwoman Horton stated she agreed with Councilman Moore and could not support the motion. She
did not feel the two land forms were significant.
Councilman Fox questioned what the implications would be of Council not referring the item back to staff
to determine the impacts.
City Atn)rney Boogaard stated it was his understanding that the City needed an EIR that described the
project and an addendum if the project varied from the one being submitted in the EIR for approval.
Mr. Reid stated it would be beneficial to refer back to staff for the preparation of an addendure so staff could
show the paper frail of action taken and why a supplemental EIR was not required. He felt it needed to be
in the record as part of the Council's action. The proposal was within the range of the alternatives within
the EIR. He felt a paper trail of documentation was needed.
Mayor Nader questioned whether the alternative in the EIR was sufficient environmental analysis.
Mr. Reid responded that he felt it would be but staff needed to go through the motions to make sure that
was the case. If done after action was taken by Council he felt it would be done after the fact.
City Attorney Boogaard stated the law required that there be an EIR on the project before the project could
be approved. The environmental consequences needed to be analyzed.
Mayor Nader stated that had been done in analyzing the alternative and the Council had certified the EIR.
City Attorney Boogaard stated Council needed to adopt an addendure showing the changes and a Statement
of Overriding Considerations on the remaining impacts.
VOTE Ohl MOTION: failed 2-3 with Horton, Moore, and Rindone opposed.
MS {lVloore/Rindone) to approve staff recommendation #2, A - E, page 16-2, which would adopt the
recommended resolution and: 1) approve the GDP based upon the findings and conditions listed; 2) adopt
an ordinance establishing the Planned Community Pre-Zone; 3) approve the CEQA findings for EIR-90-2, San
Migud Ranch; 4) approve the Mitigation Monitoring Program for EIR-90-2, San Mignd Ranch; and 5)
approve the Statement of Overriding Considerations for EIR-90-2, San Miguel Ran&
Minutes
March 23, 1993
Page 14
City Attorney Boogaard stated the recommendation was prefaced with the adoption of the resolution which
would do the following recited but in more detail and was something he could support in court if legally
challenged.
Councilman Moore stated that his motion was to adopt the recommended resolution and items A-E which
was more than legally required.
AMENDMENT TO MOTION: (Nader/Fox) m add the condition that there be no subdivision maps prior to
a final decision on the alignment of SR125.
Councilman Moore stated there was a Council policy but the developer stated "if they do not build in any
potential routes of SR125" and he questioned why they should be delayed. If the concern was access to the
property that was covered in Condition #9.
Councilman Rindone stated it was his understanding that three of the alignments could impact the project
and they would not be allowed to build in those areas. He would not support the project unless that was
included in one of the conditions.
Mr. Leiter responded that Condition #9 could be amended to require approval of an alignment of SR125.
There were two options: 1) the motion on the floor which added a condition which specifically required no
subdivision maps approved until the alignment of SR125 was approved; or 2) modify Condition #9 of the
resolution which currently addressed other circulation routes.
Mayor Nader stated it was his understanding that the second alternative was not the same as the existing
Council policy. It did not hold up the issuance of subdivision maps until the decision was made on the
alignment of 5R125. It stated that if a decision was made on SR125 before the applicant reached that stage
they would have to build around that decision. In theory it could result in development that would pre-
determine where SR125 would go.
Mr. Leiter stated that was correct. He recommended either the existing motion on the floor or some
modification to Condition #9 as the most direct way to deal with the SR3.25 issue.
Mr. Nairne stated that in regard to SR125 amendment the applicant was willing to agree that in the areas
where CalTrans had designated a potential alignment they would not go for SPA or tentative map approval
on those sights. There were other portions of the site that were not impacted in any way by CalTrans
alignments. They would like to go ahead with those areas.
Mayor Nader stated that the amendment on the floor would apply only to development that would permln
to one of the alignments that were under study.
VOTE OFI AMENDMENT: approved unanimously.
MS (Fox/Moore} ereate a citizens ad hoc committee in order to obtain more formal public input at the SPA
level in regards to the plan; staff to return in one to two weeks with the make-up for Council approval.
Councilman Moore stated that a condition could be placed on the applicant to form the committee for input
at the SPA level and that each member of the Council would have the ability to appoint a member.
Mr. Nairne stated the applicant would agree.
Mayor Nader suggested that Council approve the composition of the committee.
Minutes
March 23, 1993
Page 15
Councilman Fox stated the applicant could come forward with the proposed composition of the committee
for Council approval and possible additional appointments by Council.
VOTE ON MOTION: approved unanimously.
Councilman Fox stated he could not support the motion on the floor due to the number of issues left to the
SPA level.
Mayor Nader stated he was opposed to the 357 units along the hillside. He did not feel the Statement of
Overriding Considerations set forth the reasons to justify the significant unmitigable impacts identified by
the EIR for the project, therefore, he would not vote for the motion.
Councilman Rindone stated that a favorable vote on the motion supported the current recommendation of
at least a minimum of one year for review prior to coming back. It would at least allow the project to move
forward.
VOTE ON MOTION: General Development Plan, as amended; balance of staff recommendation which
included the Mitigation Monitoring Program and the Statement of Overriding Considerations; and Resolution
17049. Approved 3-2 with Fox and Nader opposed.
ORDINANCE 2548 pLACF. I) ON FIRST READING BY COUNCILMAN MOORE, reading of the text was waived,
passed and approved 3-2 with Fox and Nader opposed.
Mr. Nairne stated he was unsure of the action taken regarding the overlay question he had addressed.
Mayor Nader informed him that Council had adopted the staff recommendation.
MSUC (Nader/Fox) to continue the meeting past 10:30 p.m. and consider items 8, 17, 18, 19, 21, 22, Oral
COmmunications, and Closed Session items with the balance of the agenda being continued to the next
regularly scheduled Council meeting.
The City Council met in a Joint and Special City Council/Redevelopmenr Agency Meeting
at 11:37 p.m. ro discuss the following:
17. PUBLIC HEARING CONSIDEpJNGAMENDMFJqTNIJlVIBERRLKVENTOTHECER'I1FIF. D(I-IULA
VISTA LOCAL COASTAL PROGRAM (LCP) AND BAYFRONT SPECIFIC PLAN TO ALLOW CERTAIN LAND USE
CATEGORIES BY CONDITIONAL USE PER1VIIT WITHIN THE INDUSTRIAk GENERAL LAND USE
DESIGNATION WITHIN THE LCP -- Amendment Number Eleven to the certified Chula Vista LCP is being
proposed to allow certain land uses, by conditional use permit, with the LCP's Industrial: General land use
designation in order to implement a development proposal to allow National University to operate evening
classes at 660 Bay Boulevard and to provide for child-care facilities in the Bayfront (City initiated proposal).
The amendment proposes ro allow educational services, commercial activities and child-care civic activities
within the LCP's overall Industrial: General land use designation. Staff recommends the resolution be
approved and the ordinance be placed on first reading. (Director of Community Development) Continued
from the meeting of 2/9/93.
Minutes
March 23, 1993
Page 16
A. .AGENCY
RESOLUTION 1301 ADOPTING NEGATIVE DECLARATION IS-93-17/19 AND ADDENDUM
THERETO AND RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NUMBER RI.R:VEN
TO THE CERTIFIED CI-FL1LA VISTA LOCAL COASTAL PROGRAM (LCP) AND BAYFRONT SPELaI~'IC PLAN TO
ALLOW CERTAIN LAND USE CATEGORIES BY CONDITIONAL USE PERMIT WITHIN THE INDUSTRIAL:
GENERAL LAND USE DESIGNATION WITHIN THE LCP
B. COUNCIL
ORDINANCE 2545 ADOPTING NEGATIVE DECLARATION IS-93-17/19 AND ADDENDUM
THILRETO AND ADOPTING LOCAL COASTAL PROGRAM NUMBER F.I .RVEN AMENDING CER.TA[N SECTI
OF THE MUNICIPAL CODE TITLE 19, ZONING CHAPTER 19.07.O35, RELATING TO THE BAYFRONT
SPECIFIC PLAN TO ALLOW CERTAIN LAND USE CATEGORIES BY CONDITIONAL USE PERMIT WI'fHIN
THE INDUSTRIAL: GENERAL LAND USE DESIGNATION WITH THE LCP (first reading)
This being the time and place as advertised, the public hearing was declared open.
M.C. Cook, Vice-President for Administration, National University, spoke in support of the staff
recommendation.
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2545 PLACED ON FIRST READING AND RESOLUTION 1301 OFFERED BY COUNCILMAN
MOORE, reading of the text was waived, passed and approved unanimously. ,)
18. PUBLIC HEARING APPROVING AN OWNER PARTICIPATION AGRR~MENT AND GRAN'rING
A CONDITIONAL USE PFAhMIT TO ALLOW A DRIVING RANGE, BA'FI1NG CAGES, ACf~-~SORY SAI$S OF
SPORTING EQUIPMENT AND FOOD SALES IN THE I-L ZONING DISTRICT AT THE SOUTHF2LCF
QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-54 -- The applicant, National Avenue
Associates, seeks to develop a golf driving range, batting and pitching cages, with accessory uses on the
12.94 acre site located at the north end of Fifth Avenue just south of SP,-54 and east of National City
Boulevard (Broadway). Staff recommends several alternatives for Council/Agency consideration. (Director
of Community Development) Continued from the meeting of 2/9/93.
A. AGENCY
RESOLLrlION 1302 ADOPTING MITIGATED NEGATIVE DECLARATION Ig-91-OS0(B) AND
ADDENDUM THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND APPROVING AN
OWNER PAI~TICIPATION AGREEMENT, SUBJECT TO RENEWAL AFIT~ TEN YEARS, TO ALLOW ADRIVING
RANGE, BA'I-I1NG CAGES, PITCHING CAGES, ACCESSORY SALES OF SPORTING EQUIPMENT, AND FOOD
SALES IN THE I-L ZONING DIb't'RICT AT THE SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD
(BROADWAY) AND SR-54
B. COUNCIL
RESOLUTION 16981 ADOPTING MITIGATED NEGATIVE DECLARATION IS-91-050(B) AND
ADDENDUM THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND GRANTING A
CONDITIONAL USE PERMIT, SLIIMECY TO RENEWAL AFrF, R. TEN YEARS, TO ALLOW ADRIVING RANGE,
BATlING CAGES, PITCHING CAGES, ACCESSORY SALF~ OF SPORTING EQUIPMENT AND FOOD S.A~'_'~
IN 'file I=L ZONING DISTRICT AT THE SOLrrHEAST QUADRANT OF NATIONAL CITY BOUIL~ARD
(BROADWAY) AND SR-S4
Minutes
March 23, 1993
Page 17
C. AGENCY
RESOLUTION 1302A ADOPTING MITIGATED NEGATIVE DECLARATION IS-91-OS0(B} AND
ADDENDUM THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND APPROVING AN
OWNER P ARTI CIPATI ON AGB RRMENT TO ALLOW A DRIVING RANGE, BAITING CAGES, PITCHING CAGES,
ACt~F_e, SORy S~I.F_~ OF SPORTING EQUIPMENT, AND FOOD SALES IN THE I-L ZONING DISTRICT AT THE
SOUTHFJ~T QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-S4
D, COUNCIL
RESOLUTION 16981A ADOPTING MITIGATED NEGATIVE DECLARATION IS-91~Z)S0(B) AND
ADDENDUM THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND GRANTING A
CONDITIONAL USE PERMIT TO ALLOW A DRIVING RANGE, BATtING CAGES, PIT(MING CAGES,
ACCESSORY S~-I.F_q OF SPORTING EQUIPMENT AND FOOD SALES IN THE I-L ZONING DI~'IR[CT AT THE
SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-S4
Chris Salomone, Director of Community Development, stated the applicant had requested some consideration
and staff had no concerns with the request, Most of the considerations were incorporated into the Agency
resolution, The only issue on the project he wanted to focus on was the term of the amortization of the
improvements. Staff wanted five years and the applicant wanted ten years. The euITent staff
recommendation was to approve the conditional use permit and the mitigated declaration, the applicant
would waive relocation rights and compensation for goodwill after five years, Staff recommended that the
improvements be amortized over five years,
This being the time and place as advertised, the pubic hearing was declared open,
Jack Duncan, 3250 Sports Avenue Boulevard, San Diego, CA, representing Dixieline Lumber, spoke in
opposition to the staff recommendation. Dixieline owned the complimentary parcel and they did not feel
it was the best use of the property, It was their belief that the site was better suited for retail use and that
there had been significant interest from retailers,
Mayor Nader questioned whether Dixieline had a buyer or developer lined up that would develop the
property for a retail center,
Mr, Duncan responded they did not,
Councilman Rindone questioned whether there was a possibility that a retail center could be negotiated and
started within eighteen months or less, He further questioned whether Dixieline would be willing to pay
$16,000/month for the cost of the other parcel as an experiment for the eighteen months,
Mr. Duncan responded that he felt it was feasible. It was a management decision. They had talked with
National Avenue Associates about the ability of blending the costs of the property, He was not prepared to
give a direct answer, They had expressed a willingness to work with National Avenue Associates to combine
the two parcels, Dixieline would certainly be willing to do their share of the financial end and had done
so to date, He felt the question was improper.
Tim ICruer, 2445 Fifth Avenue, Suite 400, San Diego, CA, representing National Avenue Associates, gave a
brief history of the project, They had not found any interest in the site and the golf center was proposed
as an interim use, The real issue was amortization, The five year period was to short to attract investors
and that was why they asked for the ten year period.
Minutes
March 23, 1993
Page 18
Mayor Nader questioned what would happen if the City did not provide an amortization period in the OPA
and if and when the time came to remove the use the City looked at the reasonable unamortized value for
compensation.
City Attorney Boogaard stated that the statement of amortization period accrued to the City's benefit in terms
of how much the City would have to pay at the end of that period for eminent domain if the City wished
to create another use at that site. They were consenting that at the end of five years they would not be
entitled to any value for the land. Undefined it would create substantial risks for paying extensive amounts
of money in the future. It would be better to say 7 1/2 years rather than nothing.
Mr. Kruer felt that 7 1/2 years would be very difficult. Eight years would be the very least as anything else
created an uncertainty for investors.
Councilman Rindone felt there were two issues: 1) amortization, and 2) the mitigation efforts for visual
blight.
Mr. Salomone then reviewed the mitigation measures for the project.
Larry lC White, 9815 Carroll Canyon, San Diego, Ca, representing Golf Centers of America, spoke in support
of the staff recommendation. The facility would be built within six months and could be removed in thirty
days.
There being no further public testimony, the public hearing was declared closed.
RESOLUTIONS 1302 AND 16981 OI, I,P. RED BY COUNCILMAN FOX, reading of the text was waived.
Amortization is to be increased from five years to ten years and incorporate the changes included in the
applicants leVieL
AMENDMENT TO MOTION: (Horton/Moore) to amendthe period of amortization from tento eight years.
City Attorney Boogaard stated the CUP was for ten years, at five years there was a right of review. At the
right of review if the Council chose to not continue the permit for the additional five years the City would
have to pay 3/Sth's of the improvement value made to the property. They had waived goodwill and
relocation after five years.
VOTE ON AMENDMENT: apprnved 3-2 with Nader and Rindone opposed.
VOTE ON RESOLUTIONS 1302 AND 16981, AS AMENDED: approved unanimously.
19. PUBUC HEARING CONSIDERATION OF COASTAL DEVELOP1Vi~ PERIVIIT NIJIViBER 64 TO
DEVELOP A GOLF DRIVING RANGE, BATTING AND PITCI-HNG CAGES, AND NECESSARY USES ON FIFTH
AVENUE NORTH OF *C* STREET - The project involves construction of an athletic and sport recreational
center on approximately nine acres located on Fifth Avenue north of "C" Street within the Inland Parcel of
the Local Coastal Program. Staff recommends approval of the resolution. Continued from the mee~ug of
3/9/93. Staf~recornnmends the public hearing be opened, public testimony taken and continued to 4/20/93.
(Director of Community Development)
MSUC (Nader/Horton) to continue the public hearing to 4/20/93.
Minutes
March 23, 1993
Page 19
20. PUBLIC HEARING CONSIDERING A LAND USE PERMIT FOR CARLOS L. G.AtJJ~GOS
ALLOWING THE ESTABLISHMENT OF A SPORTS BAR AND GR/LL AND THE INSTALLATION OF A
SATI~t .l .FIE DISH ANTENNA IN PARK PLAZA LOCATED AT 310 THIRD AVENUE, SUrrl/, C-1 - Carlos Gallegos
is proposing to locate a Sports Bar and Grill in Suite C-1 of Park Plaza at the Village. The operation will
provide a sports-oriented atmosphere which will include television sets featuring different sports throughout
the facility along with the sale of food, wine and beer. The facility will cater to women and men twenty-one
years and older. The business will require the installation of a satellite dish antenna for the reception of
sports transmissions which will be located on the roottop. The proposed uses requires Agency review and
may only be allowed through the issuance of a Land Use Permit. Adjacent property owners have been
notified of the Agenclis public hearing. The proposed use has been reviewed by the City's Environmental
Review Coordinator and was found to be categorically exempt from environmental review. Staff
recommends the public hearin~ be opened, public testimony taken and continued to 4/1/93. (Director of
Community Developmen0
Continued to the meeting of 4/13/93.
21. AGENCY
RESOLUTION 1310 CONCEPTUALLY APPROVING THE DIDNATION OF FOIJRTRI~,J~I ACRES OF
LAND LOCATED AT TIlE LO'VVEP.. SWEETWATER V,~I.t.I~rY TO THE STATE OF CALIFORNIA, ~CT TO
ENVIRONMENTAL REVIEW REQUIRED BY LAW, TO BE USED IN CONJUNCTION WITH SIX ACRES OF
LAND DONATED BY INCOME PROPERTY GROUP FOR THE PURPOSE OF BUILDING A VETERANS HOME
FA~LITY PROVIDED THAT THE SITE IS SELECTED BY THE GOVERNOR'S COMMISSI ON ON A SOLFFHF..P,N
CALIFORNIA VETERANS HOME - The Governor's Commission on the selection of a Veterans Home is now
in the process of considering new locations for the development of a 400-bed Veterans facility which will
provide for independent living, assisted living, and skilled nursing levels of care. The Commission has
indicated that such a facility will cost about $30 million and it is anticipated that approximately 200-300
jobs will be created at the location. A desirable site is considered to be about 20 acres and the Commission
requires that the land be donated. Income Property Group has expressed interest in submitting a joint
proposal with the City to the Governor's Commission regarding a potential Veterans Home in the lower
Sweetwater area on property owned by Income Property Group and property owned by the City. Staff
recommends approval of the resolution. (Director of Community Developmen0
Juan Arroyo, Housing Coordinator, gave a brief review and stated staff recommended approval of the project.
Councilwoman Horton stated it was her understanding that the City was previously not in the ranking. The
scenario changed only after the Mayor stated the City would donate the property.
Chris Salomone, Director of Community Development, stated that after Council adopted a resolution
supporting a Veteran's Home in the area, the Mayor, Supervisor Bilbray, and he had made a presentation
to the Governor's Selection Committee and at that time it was not accepted. One of the problems was that
there was no commitment for the land. Until tonight there had not been a representation that the land
would be committed.
Councilwoman Hotcon questioned whether there were other cities in Southern California and San Diego
County that were available for a Veterans Home.
Mr. Salomone responded that there were ten other cities vying for the project. He was not familiar with all
the proposals but felt there were other cities donating land.
Minutes
March 23, 1993
Page 20
Councilman Moore stated he was speaking on behalf of Bill Ayres, representing the Fleet Reserve Branch
61, VFW Post 2111 of Chula Vista, and the American Legion Post 434 of Chula Vista, who endorsed the
concept as presented by staff.
Mayor Nader questioned how much flexibility the Council had to go beyond the proposal in terms of total
acreage, who the operator would be, and total land use. If a park were to be developed in an overall
package for a Veterans' Home and available to the Veterans and community it would better serve the City.
Mr, Salomone stated the package was to donate the fourteen acres that the City owned in conjunction with
the six to eight acres of IBG property. To accomplish what the Mayor was talking about staff should expand
the conceptual approval to include the other considerations. The project before Counc~ was for a specific
number of acres.
Ron McElliott, 1060 8th Avenue, San Diego, CA, representing Income Property Group, stated that the number
of applications and projects submitted to the Governors Commission were forty. He then reviewed the
changes in the proposal. He encouraged the Council to approve the resolution.
Mayor Nader stated he supported Veterans' Housing in San Diego and specifically in Chula Vista. He
questioned if Income Property Group would they consider packaging their eighteen acres with the Civfs
fourteen acres for a total development that would include the Veterans' Home, some axillary commercial,
and recreational uses.
Mr. McElliott stated they would consider that. They were getting no money out of the project and the six
acres were being donated. Their hope was that they could piggy-back on the General Plan amendment and
rezone their residual twelve acres to put the property to use.
Mayor Nader questioned whether a larger portion of their site could be donated into the package if the
configurations were such that it would enhance the recreational use.
Mr. McElliott responded that they were receptive about a lot of things. They did have debt on the remaining
property and he was not sure the lender would release any more property.
Councilman Moore stated his major concern for the northwest area of the City was recreation and applauded
the property owner for their donation of six acres. There was a piece of land to the southeast that was
privately owned. He would like to see some type of recreation in the area.
Councilwoman Horton stated that she and Councilman Moore had been told by the neighborhood that they
were receptive to active recreation in the area. She visualized a sport complex for the City.
Dan Dennison, 6593 Jefferson Avenue, Chula Vista, CA, spoke in support of the staff recommendation.
RESOLUTION 1310 OFFERED BY COUNCILMAN FOX, reading of the text was waive&
MS (Moore/Nader) Counc~ majority emphasizes, in the discussion with the Commissioners, that the Council
was looking for recreation available to the Veterans' Home and community.
AMENDMENT TO MOTION: (Nader/Moore) conceptually the City would be looking at project that would
not be limited to the acreage already offered and would include recreational facilities available as part of
the Veterans' complex but also available to the community-at-large.
Minutes
March 23, 1993
Page 21
Councilwoman Hotton stated she would support the motion only if a significant portion offand was set aside
for a recreational complex.
Councilman Moore stated he was deliberately vague on the amount of property but it should be a decent
Mayor Nader stated he also wanted it to be significant but did not want to define exactly what that was.
Mr. MeElliott stated that if there was an attachment as proposed by Councilwoman Horton telling the State
of California how to use their property he didn't believe the resolution would be meaningful.
Mayor Nader stated the understanding of the resolution was consistent with the discussions he had with
those involved in the issue. The amendment was that the City of Chula Vista was looking for a Veterans
Home complex that would include an active recreation component that the community could use.
Councilwoman Holton questioned whether Income Property Group would bid on the operation or building
of the facility.
Mr. MeElliott stated they would bid on the operation if there was an opportunity to do so.
Councilman Rindone agreed there was a critical need for recreational facilities in the northwest section of
the City. It had been a healthy discussion and he would support the project under those conditions.
VOTE ON MOTION AS AMENDED: approved unanimously.
City Attorney Boogaard questioned whether the wording of the amendment should be sent m the Veterans
Advisory Committee.
Mayor Nader stated an additional letter could be drafted to go with the resolution.
Mr. Salomone stated it was his understanding that Resolution 1310 and a letter including an addendure be
forwarded to the Commission.
Councilman Rindone suggested that the letter take the approach that the City and applicant were committed
and enlarged the project to include a sports complex.
Mayor Nader questioned whether sports complex was voted on or whether he wanted to see in the letter.
He felt an active recreational development available to the community was appropriate.
The Joint and Special City Council/Redevelopment Agency Meeting
adjourned at 12:58 p.m. m the regular City Council meeting.
ORAL COMMUNICATIONS
· Mike Roark, 8645 Proctor Valley Road, Bonita, CA, was not present when called to the dias.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
Minutes
March 23, 1993
Page 22
ACTION ITEMS
22. RESOLUTION 17020 CONCEPTUALLY APPROVING FUNDING NOT TO EXCRRn $618,000 TO
SOUTH BAY COMMUNITY SERVICES FOR ACQUISITION OF A FOURTEEN UNIT APARTMENT AT 31
FOURTH AVENUE TO BE USED AS A SHORT TERM HOUSING FACILITY - South Bay Community Services
(SBCS) has submitted a funding request to purchase and rehabilitate a fourteen-unit apartment complex to
develop a short-term housing facility to serve homeless families in the South Bay. The site is adjacent to
the proposed SBCS transitional housing project which will enable both projects to be managed wgether.
It is also close to National City, which has been contacted to financially participate in the project. SBCS is
applying for grants from County, State, and Federal funds and are asking for conceptual approval. Staff
recommends approval of the resolution. (Director of Community Development) Continued from the meeting
of 3/9/93.
Councilman Rindone stated he would abstain from participation on Resolution 17020.
David Gustafson, Assistant Director of Community Development, gave a brief review of the project. Southbay
Community Services needed less money than originally anticipated, i.e. $618,000, Staff recommended first
year operating expenses and that was not being requested.
~LUTION 17020 OFFERED BY COUNCILMAN FOX, reading of the text was waived.
Those speaking in support of the staff recommendation were:
· Emerald Randolph, P. O. Box 17, Jamul, CA
· Dan Dennison, 659 Jefferson Avenue, Chula Vista, CA, representing the Chula Vista Housing )
Committee
· Kathryn Lembo, 315 4th Avenue, Chula Vista, CA, representing South Bay Community Services
Councilman Moore questioned whether operation and maintenance included free meals and whether they
would be enforcing sixty days maximum stay.
Ms, Lembo stated meals would be provided for free. The sixty day limit would be enforced unless the case
manager had a real good reason for extending it.
VOTE ON RESOLUTION 17020: approved 3-1-1 with Moore opposed and Rindone abstaining.
Mayor Nader stated it was a program in which there was a tremendous and growing need in the Southbay.
He felt National Cit./s commitment to participate in the program was a good example of various agencies
in the government cooperating with each other. He was disturbed with some of the headlines that referred
to a 'homeless shelter' and hoped that the term 'short term housing facility' would be utilized. People
would be screened and eligible only if referred by a Southbay based agency. It was not the type of facility
that anyone could walk in.
Councilwoman Horton also pointed out that the facilities was for families.
23. REPORT CHULA VISTA HUMAN SERVICES COUNCIL - Last Spring, the Chula Vista
Human Services Counc~ (CVHSC) initiated Project CARE to provide a safety net for isolated senior citizens.
Project CARE includes a health and safety home repair component. The CVHSC requested that the City draft
a legal waiver for volunteers who perform the home repairs. In reviewing the request, staff determined that
the home repair program raises a significant legal liability which cannot be easily resolved and, therefore,
recommends contracting the activity. Lutheran Social Sentices has submitted a proposal to provide the
Minutes
March 23, 1993
Page 23
program by utilizing skilled volunteers and soliciting materials from local businesses at a cost of $20,000
for sixteen months. A larger issue which has surfaced is the role of the CVHSC and its relationship to the
City. The report contains a history of the development of the CVHSC, explains the current issues, and
proposes options for resolution of the issues. Staff recommends Council accept the report and approve the
resolutions. (Director of Community Development)
A. RESOLLrrlON 17050 APPROVINGANAGRRRMF2qTW1THTHECh'ULAVISTAHUMANSERV/CK~I
COUNCaL SETflNG FORTH THE TERMS AND CONDITIONS FOR USE OF THE CIT~'S LOGO ~
RE/hoPROPRIATING $900 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - 4/Sth's vote required
Item 23A was removed from the agenda with the consent of staff and the Human Services Courteft.
Councilman Rindone stated that when the balance of the item returned to Council it should be an action
item.
B. RESOLLrHON 17051 /LoPROVING AN AGREEMENT WITH LDTHFaRAN SOCIAL SERVICES OF
SOUTHERN CAIjFORNIA FOR THE 'CHRISTIAN NEIGHBOR' HOME REPAIR PROGRAM FOR SF_.NIOR
CITIZENS AND REAPPROPRIATING $20,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
SAID PROGRAM - 4/Sth's vote required
Item 23B was approved as a Consent Calendar item.
ITEMS pUI J.Rr) FROM THE CONSENT GAI.F. NDAR
Items pulled: 8, 9, and 12. The minutes will reflect the published agenda order.
OTHER BUSINESS
24. C/TY MANAGER'S REPORTf S)
a. Scheduling of meetings.
25. MAYOR'5 REPORT(S)
a. Ratification of appointment: Elizabeth Stillwagen - Child Care Commission; and Glen Coogins -
Housing Advisory Committee. Continued to the meeting of 4/13/93.
26. COUNC/L COMMENTS
Councilwoman Horton
a. Renaming of East Orange or Otay Lakes Road to Olympic Training Center Drive. Continued to the
meeting of 4/13/93/
b. Legislation Recluirin~ Council Action - AB193 (Goldsmith) - Prevailing wage exemptions - SUPPORT -
Conl~nued from the meeting of 3/16/93.
Minutes
March 23, 1993
Page 24
ADJOURNMENT
City Attorney Booguard informed Council that a major contractor was going to walk if the loan documents
were not approved for Shinoharra. He presented Council with Resolution 1311. The adoption of the
resolution would approve loan documents that incorporate the authority previously granted.
RESOLUTION 1311, APPROV1NG A LOAN AGREEMENT WITH ~MMIE SHINOHARA AND JUDI SHINOHARA
FOR THE GRADING OF PROPERTY LOCATED AT 4705 OTAY VAIJ.R'Y ROAD, OFFF_,RED BY COUNCILMAN
FOX.
MSUC (Nader/Moore) to find that there was an emergency that arose after the posting of the public agenda
to consider Resolution 1311.
VOTE ON RESOLUTION 1311: approved unanimously.
The City Council met in a closed session at 1:13 a.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Aptec vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. EDCO and
Bay Cities.
Pending litigations pursuant to Government Code Section 54956.9. - Discussion of other litigations.
Instructions to negotiators pursuant to Government Code Section 54957.6. - Shinohara Auto Park
negotiations.
ADJOURNMENT AT 1:23 A.M. to a Special Worksession/Meeting on March 30, 1993 at 6:00 p.m. in the
Council Conference Room and thence to the Regular City Council Meeting on April 13, 1993 at 6:00 p.m.
in the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki C. Soderquist, Deputy~ Clerk