HomeMy WebLinkAboutcc min 1994/11/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, November 22, 1994 Council Chambers
6:14 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox (arrived 6:25 p.m. and left at 10:30 p.m.), Hotton,
Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Ooss, City Manager; Bmce M. Boogaard, City Attorney; and Vicki C.
Soderquist, Deputy City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUI'ES: November 15, 1994.
MSC (Horton/Moore) to approve the minutes of November 15, 1994 as presented. Approved 4-0-1 with Fox
absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Economic Develovment Commission - Marcia Boruta (ex-officio); Housing Advisory
Commission - Rober~ C. Flaugher, Margaret J. HeRon, Rosa L. Lopez-Gonzalez, Vicki E. Madrid,
Thomas Alonso-Massey, Evelyn L. Michela, Jerry D. Mayfield (ex-officio), and Kathryn Lemhn (ex-
officio).
The Oath of Office was administered by Deputy City Clerk Soderquist to: Marcia Bo~uta, (ex-officin), Robert C.
Flaugher, Margaret J. Helton, Rosa L. Lopcz-Gonzalez, Vicki E. Madrid, Thomas Alonso-Massey, Evelyn L.
Michela, and Kathryn Lemhn (ex-officin).
b. Retiring Commission Member Resolution: Safety Commission - Bill Koester.
* * * Councilmember Fox arrived at 6:25 p.m. * * *
c. Mayor's Farewell Speech (a copy on file in the City Clerk's Office). Salutatory comments were made by
Councilmembers Horton, Fox, and Rindone.
CONSENT CALENDAR
(Items pulled: 5d, 9, and 11)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved unanimously with Councilmember Rindone abstaining on Item 12.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken from the
Closed Session of 11/15/94. It is recommended that the letter be received and filed.
b. Letter of resignation from the Safety Commission - Steve Padilla. It is recommended that the resignation
be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the
Clerk's Office and the Public Library.
c. Letter requesting funding of $5,000 to support the Federal Base Realignment and Closure
Commission (BRAC) '95 Committee in its efforts in deciding the fate of military installations in San Diego
County and in the rest of the nation - Gilbert A. Partida, President, and Joseph W. Craver, Chairman, BRAC
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November 22, 1994
Page 2
'95 Committee, Greater San Diego Chamber of Commerce, Emerald Shapery Center, 402 West Broadway, Ste.
1000, San Diego, CA 92101-3585. It is staffs recommendation that Council ~,
from the Community Promotions Account to support the efforts of the BRAC '95 Committee. Continued from
the meeting of 11/15/94.
d. Letters received from the Chula Vista Chamber of Commerce and The Kobey Corporation regarding
the Visitor Information Center - Roderick F. Davis, Executive Director, Chula Vista Chamber of Commerce, 233
Fourth Ave., Chula Vista, CA 91910, and Charles Pretto, General Counsel, The Kobey Corporation, P.O. Box
81492, San Diego, CA 92138. Continued from the meeting of 11/15/94. It is recommended that Council refer
the Chamber's request to staff and authorize transfening the operation of the Visitor Center to Trolley Services,
Inc. under Kobey until the City decides what long-term approach it wants to pursue. Pulled from the Consent
Calendar.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated it was
his understanding that the company proposing to take over the information center was a check cashing business.
He felt there was a timeliness issue and that there should be negotiations with the Chamber without an RFP process.
Councilmember Fox questioned whether the Chamber wanted to run the information center.
Mr. Davis stated that was correct.
George Krempl, Deputy City Manager, stated Kobey was operating the center on a month to month basis without
a contract and they wanted to terminate operation. They were willing to convey it to Trolley Services Inc. to
operate it on an interim basis until such time the City made its decision as to long term operations. Trolley Services
Inc. might also be interested in operating it long term as well as the Chamber. Staff had also been contacted by
Travelers Aide but did not have a proposal from them. There was no commitment from Kobey on how long they
would continue to operate the center on a month to month basis.
Councilmember Moore felt the Council should not be concerned in making a few dollars but in selling the City and ~'~
maybe even subsidize the center. The City had a long history with the Chamber and he felt it was time to go sole
source and negotiate with the Chamber. He also felt that would result in more money for the City.
Councilmember Horton agreed with Councilmember Moore's comments. No one had more of a vested interest in
the promotion and marketing of the City than the Chamber of Commerce. She felt the service offered to tourists
and others coming into the City would be superior. She was prepared to direct staff to proceed with negotiations
with the Chamber and not go out with an RFP.
Councilmember Rindone stated he was pleased that the Chamber was interested in pmnlng the Center. He felt it
would be mutually beneficial for the City and Chamber.
Councilmember Fox requested that staffs temporary recommendations be incorporated into the motion. He
questioned whether the Center would be closed in the mean time.
MS (Moore/Fox) leave the option of temporary contract up to the City Manager and direct him to negotiate
h
wit the Chamber of Commerce on the basis of their letter; return to Council in a maximum of four weeks
with a contract for review.
Mayor Neder stated he would support the motion if it was understood that staff had a free hand in negotiating
whatever conditions they deemed appropriate as far as protecting the purpose of the canter and bringing that back
for Council consideration.
VOTE ON MOTION: approved unanimously.
6. RESOLUTION 17724 WAIVING THE BID REQUIREMENTS AND APPROVING AGREEMENTS
WITH THE URBAN CORPS OF SAN DIEGO (NOT TO EXCEED $175,000) AND THE CHULA VISTA
NATURE CENTER (NOT TO EXCEED $$0,000) FOR USED OIL RECYCLING EDUCATION SERVICES,
AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENTS - On 4/12/94, Council authorized the
City Manager to submit an application for $270,300 to the California Integrated Waste Management Board for a
Used Oil Opportunity grant. The grant application specifically identified partnerships between the City, the Urban
Corps of Sun Diego and the Nature Center to implement the grant services. The agencies were specifically selected
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November 22, 1994
Page 3
because of their unique ability end history of providing environmental awareness programs end employment for local
youth. On 8/9/94, Council approved Resolution 17601 accepting the State of California Used Oil Opportunity Grant
for $270,300 end appropriating funds therefor. The resolution implements the service agreements now needed to
move forward on the project. Staff recommends approval of the resolution. (Administration)
7. RESOLUTION 17725 AMENDING FISCAL YEAR 1994/95 BUDGET TO ESTABLISH A
TEMPORARY EXPERT PROFESSIONAL POSITION (0.35 FULL TIME EQUIVALENT) WITI-HN THE
DEPARTMENT OF BUILDING AND HOUSING FOR IMPLEMENTATION OF PHASE TWO OF THE
AMERICANS WITH DISABILITIES ACT (ADA) - Appreving the Fiscal Year 1994/95 budget amendment for
establishing a temporary expert professional position (0.35 FTE) in the Department of Building end Housing for
implementing Phase Two of the ADA Transition Plan. Staff recommends approval of the resolution. (Director of
Building end Housing) 4/Sth's vote required.
8. RESOLUTION 17726 APPROVING CHANGE ORDER NUMBER ONE FOR THE
BICYCLE/JOGGING TRAIL AT SWEETWATER ROAD AND WILLOW STREET IN THE CITY (PR-153)
- On 9/20/94, Council awarded the contract for the Bicycle/Jogging Trail at Sweetwater Road end Willow Street.
The work to be done involves construction of a pedestrien/bicycle trail along Sweetwater Road end Willow Street
across the Chula Vista Golf Course with a bridge over Sweetwater River. The project as bid contained a 70 foot
long bridge with en 8 foot wide wooden deck. The bridge connected to two paths totaling 14 feet wide on each
side. Staff recommends that the 8 foot bridge be upsized to 14 feet wide in order to eliminate a bottleneck at the
river eross'mg. Staff recommends approval of the resolution. (Director of public Works and Director of parks end
Recreation)
9. RESOLUTION 17727 WAIVING THE BIDDING PROCESS AND AUTHORIZING THE
PURCHASE OF A NEW 1994 PARK AVENUE FROM HARRISON BUICK - When a new Mayor is elected,
it has been the practice to purchase a new vehicle for the Mayor's use. Funds were included in the Fiscal Year
1994/95 Equipment Replacement budget to replace the Mayor's car. Staffrecommendsapprovaloftheresolutinn.
(Director of Public Works) Pulled from the Consent Calendar.
Mayor Nader stated he was concerned with the disposition of the existing Mayor's van. He felt the vehicle could
be utilized by the Police Department for undercover work, by the Youth Activities League, or the Parks &
Recreation Department for youth programs. The Mayor's van had already been paid for end he would rather keep
the ven in the City fleet so the City would have use of that asset end appropriate the additional funds for Mayor
Horton's car, i.e. en additional $6,000.
David Byers, Deputy Director of Public Works/Operations, stated the funds could be taken out of emergency funds
end the replacement fund that had already been appropriated.
Mr. Goss stated the concern he had regarding City use was the configuration of the interior.
Councilmember Moore stated the key was whether the City could use it without major conversion costs.
MSC (Moore/Nader) modify the staff report to fully fund the replacement vehicle for the Mayor and
reconsider the usage of the van. Approved 3-0-1-1 with Fox absent and Horton abstaining.
RESOLUTION 17727 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved
3-0-1-1 with Fox absent and Horton abstaining.
* * * Councilmember Horton returned to the dias at 11:10 p.m. * * *
10. RESOLUTION 17728 ORDERING THE SUMMARY VACATION OF A GENERAL UTILITY
AND ACCESS EASEMENT WITHIN EASTLAKE GREENS MASTERS COLLECTION, UNIT 17 AND
AUTHORIZING THE MAYOR TO EXECUTE THE QUITCLAIM DEED VACATING THE EASEMENT -
Brehm Communities will be developing the remaining undeveloped portion of EastLake Greens Unit 17, Lots 6-13,
of the Masters Collection end has obtained approval of minor revisions to the original development plan for the unit.
The proposed revisions required adjustments to the side lines for Lots 6-13 and to the private drives. A condition
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November 22, 1994
Page 4
of the adjustment requires the vacation of a portion of the general utility and access easement that was dedicated
to the City on the final map for Unit 17. Brehm Communities and EastLake Development Company, owners of
the Bristolwood development within Unit 17 of EastLake Greens, have requested vacation of a portion of an existing
general utility and access easement. Staff recommends approval of the resolution. (Director of Public Works)
II.A. RESOLUTION 17729 ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR
STREET PURPOSES OVER A PORTION OF LOT A IN THE LADERA VILLAS SUBDIVISION 12519 -
On 7/18/91, Council approved the Tentative Subdivision Map for Tract 90-02, Rancho del Rey Sectional Planning
Area (SPA) III. Condition of Approval Number 74 of the tentative map allowed the developer to file a Master Final
Map (MFM) creating master lots. Approval of the MFM does not confer development rights to the developer.
Subsequent final maps will be required to further subdivide the master lots into residential units. The prop<w~:l
amendment to Condition Number 74 will clarify when Telegraph Canyon Channel Drainage DIF and the Park
Acquisition and Development fees are payable. Right-of-way for Pasco Ranchero previously offered to the City
through an irrevocable offer of dedication must also be accepted by the City to provide adequate access to the lots
being created by the MFM. Staff recommends approval of the resolutions. (Director of Public Works) Pulled
from the Consent Calendar.
B. RESOLUTION 17730 AMENDING CONDITION OF APPROVAL NUMBER 74 OF THE
RANCHO DEL REY SPA Ill TENTATIVE MAP TO CLARIFY WHEN PARK ACQUISITION AND
DEVELOPMENT FEES AND TELEGRAPH CANYON CHANNEL DRAINAGE DIF ARE PAYABLE FOR
THE SUPER BLOCK LOTS
C. RESOLUTION 17731 APPROVING MASTER FINAL MAP OF TRACT 90-02, RANCHO DEL
REY, SPA III, MASTER FINAL MAP, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Councilmembers Fox and Horton abstained from participation and left the dias at 10:30 p.m.
® Claudia Diamond, 1058 Jarton Place, Chula Vista, CA, representing Villa Palmera Home Owners
Association, stated there were still concerns which had not been answered despite a meeting with the City. She then
outlined concerns addressed in correspondence of 11/22/94 (on file in the City Clerk's Office). Concerns were:
1) notice of he. a~ng; 2) trail; 3) safe speed along Paseo Ranchero; 4) safety of Villa Palmere Homes/Residents; and
5) builder issues.
Mayor Neder questioned if the speed needed to be set in the final master map before Council.
Clifford Swanson, City Engineer/Deputy Director of Public Works, responded that it did not. The speed would
routinely go to the Safety Commission for review. The portion of street being discussed was virtually non--existent,
it was the portion to be constructed by McMillin from "H" Street to Telegraph Canyon Road. It was a design
speed, the actual road because of the terrain had a 40 mph vertical curve, therefore, that section would have
engineering reasons for posting it at 40 mph. He would have to refer the Mayor's question to the City Attorney
because the design speed was set in the City's General Plan which was adopted by Council and also the conditions
under which the tentative map was approved.
Ms. Diamond stated at a meeting with staff it was decided that the speed would be 35 mph until such time
everything was in place and than it would be mevaluated. They had also been told at that meeting that there would
be no parking along the street.
Mr. Swanson stated the recommendation for no parking along the street was because it was a collector street and
there was no need for parking other than possibly adjacent to Villa Palmera. It detracted from the volume capacity
of the street.
Councilmember Moore did not see why the City would allow parking on the street or why a private COmrnURity
would want parking on the street. If the homeowners wanted a sign on City property, they would have to pay for
the sign and a City crew would install it.
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November 22, 1994
Page 5
Mayor Nader questioned if there was the lower speed, as requested by the homeowners association, would they still
want the guardrail.
Ms. Diamond responded probably not.
Mayor Nader questioned whether the homeowners association wanted horses.
Ms. Diamond responded they did not.
Jess Valenzuela, Director of Parks & Recreation, stated the City could post signs for *no horses" on the trail.
Steve Griffin, Principal Planner, responded that under existing law horses would not be allowed on the trail. It was
not legal to have a horse on a sidewalk and the trail would be a combination trail/sidewalk. It was his understanding
from the Police Department that the City could not prohibit horses from public streets.
Mayor Nader stated he had been advised by the City Attorney that as long as redesigning the street or lowering the
speed limit did not involved an impingement on the development rights granted by the fmal map the City could make
those changes subsequent to granting of the master final map.
Mayor Nader questioned if the developer would agree that subsequent to action by Council they would require that
the speed be reduced or the design changed to enable a reduced speed limit.
· Craig Fukuyama, 2727 Hoover Avenue, National City, CA, representing McMillin, responded that reducing
the speed limit by posting or signage was not a problem. However, redesigning the road was a big problem as they
had spent $100,000's designing the road, the plans were before Council for approval, the bonding was in place, and
the grading and road construction underway was predicated on those plans. The intersections created with East 'J'
Street that existed in front of the Villa Palmera project and Paseo Ranchero were design constraints they had to
adhere to.
Mayor Nader questioned if the City could tell the State that when taking into account the bike lanes it had a different
design speed.
Mr. Swanson responded that when the bikes were taken into account it did not have a different design speed. The
design speed was based on the horizontal and vertical curves and sight distance.
Mayor Nader suggested that Council approve the master final map and accompanying resolutions, but refer the issue
of posted speed on the road to the Safety Commission for any recommendations they might have on speed or
alternative traffic control and protection for the homeowners.
RESOLUTIONS 17729, 17730, AND 17731 OFI'ERED BY MAYOR NADER, reading of the text was waived,
passed and approved 3-0-0-2 with Herton and Fox abstaining.
MSC (Nader/Moore) refer appropriate speed control on Paseo Ranchero to the Safety Commission. Approved
3-0-0-2 with Herton and Fox abstaining.
MSC (Nader/Moore) to continue the meeting past 10:30 p.m. and earnplete the agenda. Approved 3-0-2 with
Herton and Fox absent.
12. RESOLUTION 17732 ACCEPTING BIDS AND AWARDING CONTRACT FOR "REMOVAL
AND SITE CLEARANCE OF EXISTING BUILDINGS AS PART OF THE CIVIC CENTER PARKING LOT
IMPROVEMENTS IN THE CITY (GG-148)" - Funds for the project were budgeted in the Fiscal Year 1994/95
CIP budget process. The overall scope of the project provides for the reconstruction and expansion of the existing
employee parking lot. The project is scheduled to be done in two phases. The award of the contract represents
the first phase of the construction process, and involves the removal of existing buildings currently located on the
lot where the expansion of the parking lot is to take place, and preliminary grading of the site. The second phase
of the construction which is scheduled for sometime in the next couple of months is for the reconstruction and
III
Minutes
November 22, 1994
Page 6
repaving of the parking lot. Staff recommends approval of the resolution awarding the contract to Cement Cutting,
Inc. San Diego in the amount of $23,047. (Director of Public Works)
Councilmember Rindone abstained from voting.
13. RESOLUTION 17733 ADDING PROJECT TF231 -ACCIDENT RECORD SYSTEM TO THE CIP
BUDGET AND APPROPRIATING $56,750 FROM FUND 219 FOR A COMPUTERIZED ACCIDENT
INFORMATION RETRIEVAL SYSTEM -The State Office of Traffic Safety has approved a grant of $56,750
to upgrade the City's accident record retrieval system. The proposed system will integrate with the City's newly
implemented Geographic Information System (GIS). The grant will allow the City to retain an information systems
consultant to provide the City with a state-of-the-art computer software accident record retrieval system that is
compatible with the GIS. The grant will also allow the Cit to purchase a GIS hardware station. Staff recommends
approval of the resolution. (Director of Public Works) ~/Sth's vote required.
14.A. REPORT SANDAG REQUEST FOR SUPPORT IN SEEKING FEDERAL AND
STATE FUNDS FOR BEACH REPLENISHMENT - On 10/10/94, the City Manager received a letter from Ken
Sulzer, Director of SANDAG, eking support from the City for a cooperative regional initiative to restore San
Diego region's critically eroded beaches. The initiative was approved by the SANDAG Board of Directors on
9/24/94. Staff recommends Council accept the report and approve the resolution. (Director of Planning)
B. RESOLUTION 17734 SUPPORTING STATE AND FEDERAL FUNDING ASSISTANCE FOR A
SAN DIEGO REGIONWIDE BEACH REPLENISHMENT INITIATIVE
Councilmember Rindone stated he supported the resolution but felt it was one of the charges of the Port
Commission. He wanted to make sure the Port took at leadership role in the project.
Robert Leiter, Director of Planning, stated the SANDAG Board asked each of the cities and the County to pass a
supporting resolution. Staff could contact the Port and provide that information.
Councilmember Rindone questioned whether it would provide for sand for Chula Vista's beaches.
Mr. Goss stated he was unaware of the exact plan, but felt it could benefit the City's beaches. Staff could provide
that information to the Port.
Councilmember Rindone requested that staff be requested In actively pursue a significant role by the Port
in the project and that consideration be given to enhance the Chuia Vista beaches.
Mayor Nader stated it was the consensus of the Council to incorporate Councilmember Rindone's request into
the Consent Calendar.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING CONSIDERING THE VACATION OF THE PORTION OF MOSS STREET
FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORTH OF
NAPLES STREET - Country Club Villa Estates, owner of the triangular piece of property between Moss and
Naples Streets westerly of the juncture of those streets, has requested that the City vacate the portion of Moss Street
between Alpine Avenue and the aforementioned intersection. In accordance with the California Streets and
Highways Code, on 10/4/94, Council set the associated ublic hearing for 11/1/94. Staff recomn~e~ds approval
of the resolution. (Director of Public Works) Continu~Ffrom the meeting of 11/1/94.
RESOLUTION 17704 ORDERING THE VACATION OF A PORTION OF MOSS STREET FROM
ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORTH OF NAPLES
STREET
John Lippitt, Director of Public Works, gave a brief review of the project. It was important to note there were
conditions attached to the vacation, i.e. it would not go into effect unless there was: 1) an all-way stop at Naples
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November 22, 1994
Page 7
and Alpine; 2) Alpine north of Naples would be widened to 52 ~.; 3) the developer would install all the street
improvements around the parcel; 4) there would be a 20 ~. easement for the Sweetwater Authority; 5) restrictions
on access from Alpine Avenue to the development subject to approval by the City Engineer and Director of
Planning; and 6) a determination would be made on the use of the vacated land and the project would be subject
to agreement.
This being the time and place as advertised, the public heating was declared open.
· Steve Oggel, 111 Elm Street, San Diego, CA, representing the San Diego Country Club, was in suppert
of the project and stated he was available to answer questions.
· R. MacNear, 121 Naples Street, Chula Vista, CA, expressed concern on not knowing what project would
be built and the additional traffic congestion in the neighborhood. He had been told there was a
new project on the east end of the Country Club and they had not been advised by the City.
Barbera Reid, Associate Planner, stated there had been a proposal for townhomes, but it had been on hold for the
last six months. Therefore, there was no active proposal before the Planning Department at the current time.
· Albert Cabella, 1098 Alpine Street, Chula Vista, CA, submitted a Request to Speak form in opposition to
the project, waived his time.
· John Krabacher, 147 Naples Street, Chula Vista, CA, stated the intersection at Moss and Naples was a safe
intersection and that no accident could be attributed to the intersection. It was unfair to force the
improvements, that they did not benefit from on residents. The only improvements required in
the area bordered the Country Club. Nothing was being done to Naples Street. He expressed his
concern with the increased traffic in the area. He suggested that aside from the prescriptive rights
issue that Council not close the intersection and look at other alternatives. One possible alternative
might be to go into Country Club property and then make the same angle intersection as next to
the homes which would eliminate the 450 angle, the property would still be big enough to
develop, and would please the neighbors. He stated the maps handed out to Council were for a
proposed project on the property where the fire occurred. In their opinion it would result in 6-11
units per acre with all the traffic on Naples Street.
Mr. Lippitt stated the staff recommendation, Condition 7, was that any action taken by Council would not be final
until the project was known. All discretionary approvals for the parcel had to be approved prior to the vacation
becoming effective.
Mr. Boogaard stated it would only become effective when the Council approved a development proposal. Council
would not be able to use the street vacation as a basis for rejecting the development proposal if they rejected the
vacation at the present time.
Mayor Nader questioned what would happen if the developer came through with a plan at a later date and Council
decided that a different street alignment would be better. Would Council have the ability to condition the plan in
a manner to achieve that alignment.
Mr. Boogaard stated Council would have that ability as long as there was a related nexus to the impact. If it
required extra territorial street acquisition the City or someone would have to buy it. If Council vacated the street
now and asked for easement later the City may have to buy it from the property owner. Council would want to
reserve for later the vacation. Council would have to establish a nexus in the future to the actual impact created
by the project. It was impossible to tell at the present time until the City knew what impact they were trying to
mitigate. His recommendation for Council to have all their options, was to reserve the vacation decision until they
saw the project decision.
· Jenene Boyd, 115 Naples Street, Chula Vista, CA, stated the residents had made it clear at the Safety
Commission, Planning Commission, and now at Council that they did not want the vacation. The
homeowners had to pay for curbs, gutters, and sidewalks and the Country Club had been exempt
from the fees. She felt the property, after the vacation of Moss, was ten times more valuable than
the $2.50 ft. and felt there was a fiduciary responsibility of Council to see the City collect a lot
more money if the project was going to be forced down their throats. She expressed her concerns
regarding the additional traffic on Naples.
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November 22, 1994
Page 8
· Robert Gang, 129 Naples Street, Chula Vista, CA, spoke in opposition to the staff recommendation. He
noted there had been no maintenance on Naples and it was used as an east/west thoroughfare for
school and public transit buses, etc. He expressed his concerns regarding the additional traffic.
· Charles Mitchell, 161 Naples Street, Chula Vista, CA, spoke in opposition to the staff recommendation.
He expressed concern on Council taking action on the vacation without knowing what the proposed
project would be. The Country Club should have been required to put in curbs, gutters, and
sidewalks when they improved their property as the residents were required to do.
· Raul Castorena, 1101 Second Avenue, Chula Vista, CA, spoke in opposition to the staff recommendation.
He felt that portion of the COmmUnity had long been ignored. He expressed his concerns
regarding additional traffic, air pollution, noise, and trash.
· Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Country Club Villa Estates, stated
the Safety Commission, Resource Conservation Commission, and planning staff unanimously
supported the project. He noted conceals had been expressed about the irregular intersection and
the current speed of traffic. The benefits of the project were: 1) an easement, if the street was
vaeat~l, that would revert back to the adjoining property owners; 2) the property would still be
zoned agricultural, not commercial; 3) there was no specific proposal and that was done because
the cost associated with going through the process of vacation had been in excess of $10,000 and
there was a desire to see if there was a willingness on the part of the Council to vacate the street
and then they would return with a specific development proposal. Council would retain complete
control and ultimately what would be on the property. It was estimated that five single family
dwellings could be accommodated on the R-1 zoned property. He did not know anything about
a proposed development to the east and was not related to the parcel under discussion.
Councilmember Fox questioned if the applicant could accept the Planning Commission recommendation.
Mr. Cox responded that in order to bring in a parcel map it would require additional environmental study which
would be a significant investment. If the decision was made to vacate they would proceed to that step.
Councilmember FoX questioned if the City could develop a compromise where the City reserved the right to realign
in the future.
Mr. Cox responded if the thought was to put the street through the middle of the parcel it would allow two homes
and that would not support the type of costs involved.
Mayor Nader stated he agreed with the Safety Commission in that it was not a safe intersection, but was hesitant
to set up a permanent situation where the traffic on Moss was routed onto a dog-leg with a 3-way stop which would
hack-up traffic on Naples. From a circulation and safety standpoint the preferred solution would be to close Moss
as recommended, but to realign Alpine which cut through the applicants pwperty. Possible solutious would be to
adopt the Planning Commission's recommendation, have an advance agreement where at a minimum it would
reserve the right of Council to reexamine the issue, or have an advanced agreement where it would be a swap for
the property received on Moss and the old segment of Alpine, or an agreement that stated if the City did the
vacation it would be concurrent with the granting of some type of zoning that would give the applicant the same
number of units that would have been received if the original proposal had been adopted.
Mr. Cox stated he could not speak in regards to the mid-course alignment. When that had been pwposed in the
past his client had been opposed to it because it would severely limit what could be done with the property. They
had crafted a proposal so if there was a vacation half of the property would revert back to the Country Club. For
them to agree to give up that property to his client there would have to be some gain and the gain that was being
discussed was to relieve them of the responsibility of curbs and gutters. If the City included that in pert of an
overall package, and the Country Club was willing to do that, he felt his client would consider it. The impact on
the two homes on Alpine would also have to be taken into consideration.
Mayor Nader assumed that the sums of money expended by the applicant would be applied toward any future
process'me if Council adopted the Planning Commission recommendation.
Mr. Lippin responded that as far as the fees for the studies and negative declaration there could be some costs that
would not have to be done again, but there would be additional costs. If there were issues that staff had already
studied the applicant should not have to pay them again.
Minutes
November 22, 1994
Page 9
Clifford Swanson, City Engineer/Deputy Director of Public Works, stated the zoning of the Golf Course was R-1
and would not allow commercial development.
· Jean Taylor, 1070 Jacklyn Way, Chula Vista, CA, questioned whether the developer had the money to build
the project or if he would be back in several years requesting a change in the project for something more
economically feasible.
There be'mg no further public testimony, the public hearing was declared closed.
Councilmember Moore stated the City could take the $100,000 and spend it in the immediate area most adversely
affected, i.e. the sidewalk from First Avenue to Elm with curbs and gutters was the most adversely impacted. The
street would not be vacated until the plan was approved and that plan would only be good for X number of years
without the project being built. Property rights were sacred and elected officials also had to look at that. The
Country Club got away with something by not putting in improvements on Moss. He hoped soolethlng would be
built at the shopping center, but a commercial venture would create mere traffic than dwelling units would.
Mayor Nader stated the condition of maintenance on Naples was not up to standard and questioned whether there
had been any recent maintenance.
Mr. Swanson stated the street had not been resurfaced since the City took that portion over in the annexation.
Under the pavement management program, the pavement was in worse condition than a simple overlay would solve.
Once a street was past that level maintenance it could be deferred for a few more years to maximize the dollars in
us'mg them where the City would get the most for its money.
Mr. Lippitt stated all the streets in the City were being studied and staff was redoing the pavement management
program. Staff would be looking at Moss and Naples whether or not the street was vacated. From a pavement
standpoint Moss was in worse shape than Naples. Staff would review that and update Council on how those streets
measured up compared to other needs in the City.
Mayor Nader incorporated a petition (on file in the City Clerk's office) in opposition to the vacation into the record.
MS (Fox/Horton) to approve the Planning Commission recommendation: "The issue of vacation would be
considered in conjunction with the proposed development of the property and not separate from it".
Councilmember Moore questioned what the defmition was of a "plan'. It was unfair to require the applicant to
come forward with a costly plan and not know the footprint of the property. It was on record that it was a
dangerous intersection and if the City knew that it was a dangerous intersection the City's treasurery was at
jeopardy. The checks and balances were included in the staff report, i.e. the vacation would not be done until a
development plan had been adopted.
Mr. Boogaard stated it was his inteq~retation, absent the knowledge of how the Planning Commission deliberated,
that they did not want to make the vacation decision until they saw the project and approved the entitlements.
Staffs provision would vacate the property, but it would not become effective until discretionary entitlements were
granted. The Council would not be able to reconsider the vacation decision later, but could consider the project
on its own merits at a later date.
Councilmember Rindone felt the proposed vacation and the elimination of the dangerous traffic angle, the cleaning
up of the neighborhood, the project, and street improvements were all pluses and he supported them as it was in
the best interests of the residents in the area and the City. The developer needed to know if there was a willingness
to consider vacation and he was willing to consider a vacation of Moss Street. He felt the Planning Commission
recommendation was correct and, therefore, he would suppert the motion. He encouraged moving forward with
the project.
Councilmember Fox stated he would consider vacation of Moss Street due to the street and safety issues.
AMENDMENT TO MOTION: (Mooreatorton) to amend, page 15-1, Condition #1, "install missing gutters
along north side of Moss Street from Alpine Avenue to Third Avenue or ulace the $100.000 in the immediate
vicinity of those most adversely affected. such as First Avenue to Elm southside of Naples".
Minutes
November 22, 1994
Page 10
Mr. L/lter stated a tentative subdivision map would have enough information for the Planning Commission and
Council to make discretionary approval on the project. He estimated the cost at $10,000-$20,000 for a tentative
map for a five lot subdivision.
Councilmember Rindone stated he opposed the amendment to the motion as he felt it was premature. The purpose
of the planning Commission motion was to see the plan. There were two Councilmembers that would support the
vacation if they had the right proposal. He did not feel the City should put a precondition on what the price of those
benefits would be.
REVISED AMENDMENT TO MOTION: (MooreHtorton) the fee value for the Country Club's half of the
street would be transferred to those immediately affected for projects such as curbs, gutters, and sidewalks.
Councilmember Rindone stated he could support the revised amendment.
VOTE ON AMENDMENT: approved unanimously.
VOTE ON MOTION, AS AMENDED: approved unanimously.
16. PUBLIC HEARING PCM-94-20/PCA-94-02; CONSIDERATION OF AMENDMENTS TO THE
CITY LANDSCAPE MANUAL AND ASSOCIATED AMENDMENTS TO THE MUNICIPAL CODE - CITY
INITIATED - The proposed revisions to the Landscape Manual incorporate the water conservation measures called
for by Assembly Bill 325, the Water Conservation in Landscaping Act. The Manual has also been updated to
include standards for public landscape installations, and to formally incorporate current landscape practices from
its last revision in 1978. Technical and procedural amendments to the Code which are associated with the revisions
to the Manual are reflected in the Ordinance. The Environmental Review Coordinator has concluded that the project
is exempt from environmental review as a regulatory measure designed to enhance the quality of the environment,
Class 8 exemption under CEQA. Staff recommends Council place the ordinance on first reading and approve the
resolution. (Director of Planning) Continued from the meeting of 11/1/94.
A. ORDINANCE 2616 AMENDING SECTIONS 17.10.050, 19.14.485, 19.14.030 AND 19.14.486
OF THE MUNICIPAL CODE RELATING TO THE REVISED LANDSCAPE MANUAL AND APPROVAL
OF LANDSCAPE PLANS (tint reading)
B. RESOLUTION 17735 ADOPTING THE REVISED LANDSCAPE MANUAL OF THE CITY,
SUPERSEDING THE STATE MODEL CODE, AND REPEALING COUNCIL POLICY NUMBER 476-04
Councilmember Rindone questioned if the City did any follow-up with the California Native Plant Society, Sierra
Club, Chamber of Commerce, Cross Roads, local water districts, or SANDAG to ensure their review. He felt it
most unusual that there had been no comments received.
Robert Leiter, Director of Planning, responded that a letter from Chamber of Commerce had been received in
suppert Of the proposed manual. input had also been received from the Otay Water District in support of the
manual. No adverse comments had been received. Staff did not follow up with the California Native Plant Society
or the Sierra Club to see why they had not submitted comments. There was an extensive public input process on
the pmposaL
Mayor Neder questioned if the Resource Conservation Commission minutes were correct where a commissioner
stated the wording on drought tolerant planting was not strong enough but then voted for it.
Gary Williams, staff planner, stated the commissioner made the comment but supported the document.
Mayor Nader questioned whether Ms. Burrascano was present at the RCC meeting.
Ms. Burrascano was an officer of the California Native Plan Society end Chair of the RCC. If she was present and
voted for the manual, in his mind it was tantamount to CNPS endorsement.
Councilmember Moore referred to the Park Development Improvements on Page 16A-2 which stated "all" parks
shall include the following .... and questioned whether that was what the City really wanted to say. Or, should it
state *shall be considered or negotiated'. He felt a policy maker should know what they were voting on.
Minutes
November 22, 1994
Page 11
Jess Valenzuela, Director of Parks & Recreation, stated the standards were out of the Park Dedication Ordinance.
The standards were developed by population ratios which were based upon demands a given population would have
on a facility. That also triggered the amount of acreage provided.
Councilmember Moore recommended that it state *. ..... if acreage or terrain permits *. There needed to be language
that provided flexibility. He referred to page 16A-4 and felt it should include the planting of trees near property
lines. That was a continuing complaint received during the open space meetings. On page 51 of the Master Plan,
Parking Areas, *.... appropriate paving should be used for pedestrians likely to cross landscaped areas*. He felt
that was good, but could address other areas. Those were the things that came back to haunt the City. He felt the
process of negotiating with the developer for maintenance and policing of maintenance could be simplified. He
questioned whether the City had the staff to police the maintenance as required in the manual. He suggested a
tickler file regarding landscape maintenance.
Robert L~iter, Director of Planning, stated staff could further automate the enforcement process for landscape
maintenance. Staff did monitor those installations in the master planned communities and felt they had a good
relationship with the major developers and made those corrections on a regular basis. He informed Council that
Ms. Burrascano had been at the RCC meeting.
This being the time and place as advertised, the public hearing was declared open.
· Jan Tubeola, Water Conservation Coordinator for Otay Water District, stated the plan was thorough,
sensitive, well written and responded to most conditions required for maintaining plant material and water
conservation. She commended staff on a well written ordinance.
There being no further public testimony, the public hearing was declared closed.
Mr. Leiter stated the Fire Department was developing a requirement for a brush management plan which would
address natoral habitat and plantings in fire zone areas. As that was developed and adopted that would supplant the
landscape manual.
ORDINANCE 2616 PLACED ON FIRST READING AND RESOLUTION 17735 O~'FERED BY
COUNCILMEMBER RINDONE, reading of the text was waived.
AMENDMENT TO ORDINANCE 2616: (Moore, agreed to by Maker of the Motion) to amend SECTION
II, 17.10.050 Park Development Improvements - Specifications - Appeal to read "all parks shall include to
the satisfaction of the City the following elements, meet the following minimum standards and he designed,
developed, and maintained in accordance with the requirement of the City Landscape Manual."
Subparagraph B, "Improvements that may be required by the City may include:".
VOTE ON AMENDMENT: approved unanimously.
VOTE ON ORDINANCE 2616, AS AMENDED, AND RESOLUTION 17735: approved unanimously.
17. PUBLIC HEARING ADOPTION OF THE SALT CREEK BASIN GRAVITY SEWER ANALYSIS
AND ESTABLISHMENT OF THE SALT CREEK BASIN DEVELOPMENT IMPACT FEE - The Salt Creek
Basin Gravity Sewer Analysis was prepared by Wilson Engineering to recommend sewer improvements necessary
to convey sewage flows from the Salt Creek Basin to existing or proposed downstream sewerage facilities. Based
on the Analysis, a Development Impact Fee of $280 per Equivalent Dwelling Unit should be established to pay for
the facilities. Staff recommends Council place the ordinance on tirst reading. (Director of Public Works)
Continued from the meeting of 11/1/94.
ORDINANCE 2617 ESTABLISHING THE SALT CREEK SEWER BASIN DEVELOPMENT
IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN
AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (first readin2)
Clifford Swanson, City Engineer/Deputy Director of Public Works, gave a brief review of the project.
Councilmember Rindone referred to page 17-2 and questioned why the pump stations were not being included.
Minutes
November 22, 1994
Page 12
Mr. Swanson stated the pump stations would be a particular cost of the developers and not of the general overall
ratepayes of the entire basin.
This being the time and place as advertised, the public heating was declared open. There being no public testimony,
the public hearing was declared closed.
ORDINANCE 2617 PLACED ON FIRST READING BY COUNCILMEMBER RINDONE, reading of the text
was waived, passed and approved unanimously.
18. PUBLIC HEARING CONSIDERING ABATING THE SCHEDULED 1995 BUSINESS LICENSE
TAX INCREASE TO RETAIN BUSINESS LICENSE TAXES AT THE CURRENT CALENDAR YEAR 1991
LEVEL - The public hearing is to consider the advisability of abating the business license tax increase scheduled
to be effective on 1/1/95. Ordinance 2408 specifies the business license tax rates for each year and provides
Council with the option of abating the scheduled increase for a one-year period to not less than scheduled 1991 tax
levels. If the tax rates scheduled for 1995 are not abated, taxes for the vast majority of businesses will mere than
double. Staff recommends approval of the resolution. (Director of Finance)
A. RESOLUTION 17736 ABATING THE SCHEDULED CALENDAR YEAR 1995 BUSINESS
LICENSE TAX RATES FOR ONE YEAR AND RETAINING BUSINESS LICENSE TAXES IN CALENDAR
YEAR 1995 AT THE 1991 LEVEL AS PROVIDED IN ORDINANCE 2408, WITH THE EXCEPTION OF
TAXES ON SPECIFIC BUSINESSES WHICH WERE ADOPTED BY COUNCIL ORDINANCE AFTER
JANUARY 1, 1991
B. ORDINANCE 2618 AMENDING CHAPTER 5.60 OF THE MUNICIPAL CODE RELATED TO
BUSINESS LICENSE TAXES AND REGULATIONS OF VENDING AND AMUSEMENT MACHINES (first
readin~l - The taxation ordinance is administrative in nature and will not increase taxes on any business currently
licensed. Passage of the ordinance will enable the City to collect taxes and ensure licensure of unlicensed vending
and amusement machines located in Chula Vista. Passage of the ordinance will also make the code consistent with
State and Federal laws. Staff recommends Council place the ordinance on first reading. This ordinance does nat
reauire a hublie hearing but is a related item.
Councilmember Rindone felt it was ridiculous to bring the issue back each year with the proviso that if adopted it
was according to the schedule for that year even if the previous years were abated. It was a ridiculous process, i.e.
if it were adopted it would more than double the various rates in one increase. He questioned if there was a 1996
schedule and, if so, he hoped it would be keeping the same rate or raising it to what would have been originally
proposed in 1992 or the first step. The business community should not be mistreated if there was an upturn in the
economy.
Robert Powell, Director of Finance, responded that the ordinance had various options available and were presented
on Table II. Staff could return with an ordinance amendment if Council directed. The ordinance gave Council
ultimate flexibility to choose the options.
Mayor Nador stated he anticipated some possibility of setting up a business in the City of Chula Vista which would
require a business license and questioned whether he had a conflict of interest.
Mr. Boogaard responded that he did not.
Mayor Nader stated the ordinance had been adopted in the past during an election season where there was an
initiative on the ballot which would have required, if passed, any subsequent tax increase by a local government
to be approved by the voters before it could take effect. City staff, administration, and the Chamber of Commerce
felt that was a threat to the City's taxing authority and recommended that an ordinance be adopted scheduling a
business tax increase and having it take effect unless abated each year. The idea was that the ordinance would be
in place before the initiative was in place should it pass. It was his belief that the initiative failed and if that was
correct he questioned the necessity of keeping the ordinance on the books.
Mr. Boogeard requested the opportunity to study the issue at the staff level and if it did not have any continuing
validity he would recommend that it be revoked.
This being the time and place as advertised, the public hearing was declared open.
Minu~s
November 22, 1994
Page 13
· Claudia Diamond, 1058 Jarron Place, Chula Vista, CA, thanked Council as a business owner for abating
the business license tax.
There being no further testimony, the public hearing was declared closed.
Councilmember Moore stated a lot of information had been presented to Council when the ordinance was considered
years ago and he felt that information should again be presented to the new Council. He referred to page 18-4
which stated news racks were exempted from business license fees and noted some cities had installation fees.
ORDINANCE 2618 PLACED ON FIRST READING AND RESOLUTION 17736 O~'k'ERED BY MAYOR
NADER, reading of the text was waived, passed and approved unanimously.
ORAL COMMUNICATIONS
None
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
19. RESOLUTION 17710 APPROVING AN AGREEMENT WHH THE ENVIRONMENTAL TRUST,
INC. AND BONITA LONG CANYON PARTNERSHIP FOR PURCHASE OF LAND AS WETLANDS
MITIGATION FOR TWO CITY PROJECTS AND AT&T'S PROJECT AT 865 THIRD AVENUE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY - The
winter storms of 1993 caused damage to a number of locations within the City. Restoration work was accomplished
for two City projects and one private project. As a result of work done by the City and proposed work by
American Telephone and Telegraph (AT&T) at 865 Third Avenue, the Department of Fish and Game (DF&G)
required wetlands mitigation. The City has been working towards obtaining land to mitigate the two City projects.
The DF&G suggested that the City and AT&T combine mitigation so as to provide a larger area rather than three
smaller sites. The agreement is the result of negotiations for both City projects and the AT&T site. Staff
recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 11/8/94.
John Lippitt, Director of Public Works, stated the Resource Conservation Commission unanimously approved the
RESOLUTION 17710 Ok~ERED BY COUNCILMEMBER HeRTON, reading of the text was waived.
Mayor Nader questioned whether the biological surveys were made available to the RCC.
Barbare Reid, Associate Planner, responded that staff circulated the biological surveys of the three projects that the
mitigation was for and Jim Carter from the Environmental Trust was at the meeting to describe the biology of the
particular land. The RCC did not have a written biological report of the land and that would not happen again.
Mayor Nader strongly suggested that any time an item would be before the RCC, Council, or commission and there
was such material that they be advised well in advance of the existence of such material and how they could review
it prior to the meeting.
VOTE ON MOTION: approved unanimously.
20. REPORT REVIEW AND CONSIDERATION OF WORK PROGRAM RESPONSES
FOR IMPLEMENTING RECOMMENDATIONS CONTAINED IN THE GROWTH MANAGEMENT
OVERSIGHT COMMISSION'S (GMOC) 1993 ANNUAL REPORT - On 5/26/94, Council held a workshop to
consider the GMOC 1993 Annual Report regarding compliance with the City's Quality-of-Life Threshold Standards.
At that workshop, Council received and discussed the Report, and directed staff to follow-up with a work program
Minutes
November 22, 1994
Page 14
on the actions recommended by the GMOC. Staff has completed that follow-up and is returning to Council with
a work program report. Staff recommends Council: (1) Adopt the 1993 GMOC Annual Report and
recommendations contained therein; (2) Direct staff to implement the recommendations in accordance with the work
program responses; and, (3) Approve the Statements of Concern and cover letters for signature and issuance by the
Mayor regarding the Water and Air Quality Thresholds. (Director of Planning)
Councilmember Moore referred to page 71 regarding traffic and stated 'H" from Hilltop to Broadway was a key
area of concern. It was his opinion that there were a lot of left-hand turns off of I-805 to go south of 'H' because
the next I-805 exit was 'L' and it did not have a left-hand turn. He felt someone should review that. 'H" Street
as it proceeded to the west from Hilltop to Broadway could be marked 'no parking' on the curb and change it to
five lanes or have reversible lanes to accommodate the peak traffic hours. He felt those two things would help to
reduce the pressure at Hilltop and 'H' Streets.
MS (MoorefRindone) to accept the report and approve the staff recommendation.
Mayor Nader stated he was concerned that if it was said that water and air quality thresholds were not being mat
that the only remedy under the plan was to write a letter of concern. He hoped that at some point consideration
would be given by the Commission and Council to determine at what point the thresholds were sufficiently far from
being met that the Commission and Council would go beyond expressing concern and state that actions that eansed
further impacts on those threshold standards would be abated until such time as a level of comfort was reached with
those standards.
VOTE ON MOTION: approved unanimously.
21. REPORT ABATEMENT OF THE TRANSIENT OCCUPANCY TAX In 1990 Council
established a maximum Transient Occupancy Tax (TOT) of ten percent and provided for annual abatement hearings
at which time the maximum tax could be lowered to not less than eight percent. In each subsequent year, Council
has abated the TOT rate to eight percent, the same rate it has been since 1978. The purpose of the annual
abatement hearing is to consider abating the TOT rate to a rate below ten percent. If Council takes no action the
TOT rate would increase to ten percent on 1/1/95. Staff is recommending that Council take no action and allow
the TOT rate to increase to ten percent, effective 1/1/95. (Director of Finance)
Mr. Goss stated that staff was recommending that the TOT not be increased, but that staff be directed to meet with
the Chamber of Commerce, the Hotel & Motel Association, and interested motel owners to discuss various options
for abating the increase in the TOT for 1995.
Councilmember Horton questlofted whether the staff recommendation also included that a public hearing be
scheduled on or before December 20, 1994.
Robert Powell, Director of Finance, responded that was correct.
MS (Horton/Moore) to accept the staff recommendation to: accept the report and instruct staff to meet with
the Chamber of Commerce, the Hotel & Motel Association, and interested motel owners to discuss varions
options for abating the increase in the TOT for 1995 and schedule a public hearing on or before l)ec~nber
20, 1994.
Mayor Nader questioned whether Council could vote to abate the tax at the present meeting or whether a public
hearing would be required.
Cheryl Fructer, Revenue Manager, stated it was her understanding that the TOT ordinance allowed Council to pass
a resolution to abate without a public hearing.
Mayor Nader requested that the item be trailed to allow the City Attorney time to review the ordinance.
Mayor Nader stated the City Attorney had advised Council that the TOT could be abated without a public heating.
RESOLUTION 17738 - APPROV1NG ABATEMENT OF THE TRANSIENT OCCUPANCY TAX FROM A
RATE OF TEN PERCENT TO EIGHT PERCENT FOR CALENDAR YEAR 1995 - OFFERED BY
COUNCILMEMBER FOX.
Minutes
November 22, 1994
Page 15
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated
representatives of the Chamber and Hotel & Motel Association were not present because they assumed Council
direction would be to have staff meet with their representatives and that there would be no vote taken by Coundd.
He stated there was some interest in the possible increase in the TOT, a different split on the funding to provide
a mechanism for better advertisement of the City, some mitigation in the surcharge methodology for police and fire
calls based on the number of calls per month to a hotel, and other ideas they wanted to be able to review with staff
before a final decision was taken.
RESOLUTION 17738 WITHDRAWN BY COUNCILMEMBER FOX.
VOTE ON MOTION: approved unanimously.
22. REPORT UPDATE ON CHILDREN'S SAFE HAVENS PROGRAM - On 7/19/94, staff
was directed to develop recommendations regarding coordination of a Children's Safe Havens Program with local
churches and other organizations. Staff has made presentations on a basic Safe Havens concept to a number of
groups and organizations, inehiding the Child Care Commission, Youth Commission, Youth Coalition, and the
Commission on Aging. Presentations are also planned for the Chula Vista Human Services Council and the
Ecumenical Council. The intent of the report is to discuss the organization of a Safe Havens Program. Staff
recommends Council aec.~pt the report. (Director of Parks and Recreation)
MS (Naderalorton) to accept the report and approve the staff recommendation.
Councilmember Moore questioned why it was so difficult to have a "safe haven', i.e. due to all the scrviees
required it was an expensive program.
Jess Valenzuela, Director of Parks & Recreation, responded there were many different definitions of *safe haven*.
In the *safe haven" definition referred to by Councilmember Moore it was the criteria set by the federal govemmant
for federal funding. Some of the "safe haven" programs could be the community grass roots entities where a child
could seek refuge.
VOTE ON MOTION: approved unanimously.
23. REPORT STATUS OF NEGOTIATIONS WITH BALDWIN BUILDERS REGARDING
AFFORDABLE HOUSING AND COMMUNITY PURPOSE FACILITIES OBLIGATIONS INCLUDING
REQUESTS TO AMEND CONDITIONS OF THE TENTATIVE MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT RELATING TO SAME - Council directed staff to negotiate an agreement with Baldwin which
would provide for the provision of 17.2 low-income and 17.2 moderate-income housing units and 1.5 acres of
Community Proposed Facilities. After substantial negotiations, staff and Baldw'm have reached impasse on
significant issues in such an agreement. Staff requests Council provide direction regarding further negotiations.
(Director of Community Development and Diractor of Planning)
David Gustafson, Deputy Director of Community Development, informed Council that a proposed agreement had
been placed on the dias which reflected accord between Baldwin and staff.
Mayor Nader stated it was his understanding that the agreement substantially maintained the previous conditions and
agreements the City had in terms of acquiring the dedication for affordable housing for a minimum of thre~
buildable acres in the Otay Ranch project area as part of the affordable housing requirement for the Telegraph
Canyon Estates project. The intention of the City to convey that to a viable non-profit organization was still in
effect.
Mr. Gnstafson responded that was correct. Council reserved any options they wanted regarding the holding of
property, leasing it, conveying it in fee to a non-profit, etc.
Mayor Nader questioned whether Habitat for Humanity or other non-profit organizations had becfl contacted
regarding the time frame.
Mr. Gnstefson responded that staff had not contacted anyone regarding the tim~ frame. There had been initial
discussions with Southbay Community Services regarding the viability of the project.
Minutes
November 22, 1994
Page 16
RESOLUTION 17737 - APPROVING AN AGREEMENT TO CONVEY AFFORDABLE HOUSING SITE
AND PROCESS COMMUNITY PURPOSE FACILITIES SITE, AND AUTHORIZING MAYOR TO
EXECUTE SAME - OIfI~'ERED BY COUNCILMEMBER MOORE.
Mr. Boogaard stated agreement had been reached at the staff level with the terms and conditions but there were
some details, such as the form and condition of the performance trust deed and the legal descriptions, that the City
was reserving in the resolution the right to check out before the transaction became effective.
VOTE ON RESOLUTION 17737: approved unanimously.
24. REPORT MULTIPLE SPECIES CONSERVATION PROGRAM FOCUSSED
PLANNING AREA ALTERNATIVE - The City is a participant in the Clean Water Program Multiple Species
Conservation Program (MSCP). On 6/21/94, Council endorsed the approach for delineating a "focused planned
area" areas based on a concept approved by the San Diego City Council. Staff has now prepared such an
alternative. Staff recommends Council authorize the draft focussed planning area prepared by staff as the "fifth
alternative* to be included in the draft MSCP Plan and Environmental Impact Report. (Director of Planning)
MS (Nader/Fox) to approve the Resource conservation Commission recommendation - accept Alternative #5
(Multi-habitat Planning Area Map) us an alternative, but requesting that each of the alternatives be prepared
with overlays on a vegetation map in the draft EIR for final determination. The Notice of Preparation of the
EIR shall be brought to the Commission for input on the content of the draft EIR.
Robert Leiter, Director of Planning, stated the motion would endorse the fifth alternative to be evaluated in the
environmental impact report to be prepared for the MSCP plan. The RCC felt the fifth alternative should be studied
in the EIR along with the other four alternatives, but they were not recommending that the fifth alternative be
selected over the other four alternatives at the current time. They felt all five alternatives should be evaluated in
the environmental impact report. Staff was not recommending that Council pick alternative gt5 as the preferred
alternative at the present time.
VOTE ON MOTION: approved unanimously.
25. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff. ~'r. Boogaard informed Council that he wanted to address the issue in Closed Session.
26. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff. No report was given.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 5d, 9, end 11. The minutes will reflect the published agenda order.
OTHER BUSINESS
27. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings. Mr. Goss stated them was no Council mcefmg on 11/29/94. The
Board/Commission banquet would be held on 11/30/94. The Council CIP tour would be Saturday, 12/3/94 at 9:00
Councilmembers Herton and Rindone stated they had a conflict on the date of the tour.
Councilmember Rindone requested the tour be scheduled on 12/17/94 at 9:00 a.m.
Minutes
November 22, 1994
Page 17
b. Mr. Goss stated the County Board of Supervisors were going to be asked to take a position on the City's
Sphere of influence on 11/29/94. He became aware of the County Planning Commissions action on 11/21/94. He
requested the item be agendized as an urgency item.
MSC (Horton/Rindone) to place the Chula Vista Sphere of Influence Update on the agenda as an urgency
item. Approved 4-0-1 with Fox absent.
Mr. Goss referred to the staff report which stated County staff was requesting the Board to take a position on Chula
Vista's Sphere of Influence on the annexation of the Otay Ranch. He then reviewed the County recommendations
(a copy of the report on file in the City Clerk's office). City staff in reviewing the recommendation felt it was
jump'me ahead of the game and was not including the type of communication that was envisioned when setting up
the subcommittee of the Board of Supervisors and City Council. Staff was requesting permission to appear before
the Board of Supervisors on 11/29/94 to state it was the position of the City that it was premature for the County
Board of Supervisors to take action on the City's Sphere of Influence Study and he then listed the reasons ou~ined
in the report.
MSC (Munre/Horton) to approve the staff recommendation as outlined in the staff report and that the joint
subcommittees meet as soon as possible to review, discuss, and make recommendations to their respective
bodies. Approved 4-0-1 with Fox absent.
28. MAYOR'S REPORT(S)
a, Appointment of Council representative to the Interagency Water Task Force.
MSC (Rindone/Horton) to appoint Councilmember-Elect Steve Padilia as the Council representative to the
Interagency Water Task Force. Approved 3-1-1 with Nader opposed and Fox absent.
Mayor Nader requested that staff look over the other committee assignments and agendize as appropriate.
29. COUNCIL COMMENTS
Councilmember Moore
a. Board/Commission/Committee Liaison. Councilmember Moore recommended the commissions be split
into four different groups to enhance visitation of councilmembers at commission meetings during the year. Each
year a councilmember would rotate to a different group.
Councilmember Herton stated it was a very good idea and the new Council would look into it.
b. Councilmember Moore stated he was the representative on the Transportation Subcommittee for SANDAG.
Councilmember Rindone stated he would be very interested in serving on the subcommittee as he was dealing with
the funding of transportation through MTDB and was very familiar with the issues. He could serve as the
SANDAG alternate.
Councilmember Herton
e. Councilmember Herton requested the appointment to SANDAG be agendized under Mayor's Comments
for the 12/6/94 meeting.
Councilmember Rindone
d. Councilmember Rindone stated the Council meeting of 12/6/94 was proposed to start at 4:30 p.m. rather
than the regular 4:00 p.m. staffing time. He questioned whether that would take formal action by Council as the
starting time was set by ordinance.
Mr. Boogaard responded that the Clerk should appear at 4:00 p.m. in the Chambers to announce the start of the
meeting at 4:30 p.m. All posted notices should reflect the 4:30 p.m. convening time.
Minutes
November 22, 1994
Page 18
Councilmember Moore requested that notices be posted on the outside doors.
Councilmember Rindone requested that a press release include the delayed starting time and that there would be a
short reception after the swearing-in in honor of the retiring members of the Council.
CLOSED SESSION
Council recessed at 11:32 p.m., met in Closed Session at 11:34 p.m., and reconvened at 12:35 a.m.
30. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· Ten cities vs. the County of San Diego (trash litigation).
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision Co) of Section 54956.9: 1.
· City of Chula Vista vs. the County of San Diego (Daley Rock Quarry) regarding
approval of a major use permit.
· American Contractors Indemnity Company vs. City of Chula Vista regarding City's non-
acceptance of surety bond from California domiciled insurer with less than A-V rating.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
· Title: City Attorney
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council
o.f Engineers (WCE), and International Association of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Untopresented.
31. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed
Session.
ADJOURNMENT
ADJOURNMENT AT 12:36 A.M. to a Regular City Council Meeting on December 6, 1994 at 4:00 p.m. in the
City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 11:32 p.m. and adj ourned at 11:34
p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki C, Sede~uist, Depu~,/a~)ity Clerk