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HomeMy WebLinkAboutcc min 1989/05/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May 2, 1989 Council Chamber 4:00 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss (arrived at 4:11 p.m.), Nader, Malcolm and Moore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MOTION MSC (Moore/Cox) to approve the Minutes for the Adjourned Meetin9 of April 12, the Regular Meeting of April 25 and the Adjourned Meeting of April 27, t989. (Councilman Malcolm abstained because of his absence for the Adjourned Meeting of April 12; Councilwoman McCandliss out) 2. SPECIAL ORDERS OF THE DAY a. PROCLAIMING THE WEEK OF MAY 14-20 AS "SAFE KIDS WEEK" David Thompson, Coalition Chairman and Executive Director, accepted the Proclamation on behalf of the San Diego County Safety Council and stated his appreciation for the City interest and support. b. PROCLAIMING MAY 7-13 AS "MUNICIPAL CLERK'S WEEK" Jennie Fulasz, City Clerk, accepted the Proclamation and stated the privilege it has been to serve the Council of the City of Chula Vista. c. PROCLAIMING MAY 1989 AS "OLDER AMERICANS MONTH" Mr. Alex Pressutti, Chairman of the Commission on Agin9, presented Mrs. Esther Willcox of Coilingwood Manor to accept the Proclamation. Mrs. Willcox is a "roving reporter" for Coilingwood and active to date in the Mason Society. Ms. Willcox reported her happy life with three successive husbands and her present satisfaction with her life at Coilingwood Nanor. MINUTES 2 May 2, 1989 CONSENT CALENDAR (Items 3a - 14) Pulled Items: 3d, lO, ll a through i, 12 and 14. COUNCILWOMAN McCANDLISS OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts waived by unanimous consent and approved. (Councilman Malcolm out) 3. WRITTEN COMMUNICATIONS a. URGING OPPOSITION TO SB 12 PROPOSING A STATE MANDATE OF DEVELOPMENT RESTRICTIONS NEAR LAND FILLS Jeffrey D. Phair, The Phair Company, 3130 Bonita Road, Suite 203, Chula Vista 92010 Council referred Senate Bill 12 to the City of Chula Vista Legislative Committee for review and comment. b. REQUEST FOR POSTING OF "NO BIKING" SIGNS ON THIRD AVENUE - Veronica Drossel, 423 Church Avenue, Chula Vista 92010 Coucil directed Veronica Drossel be advised that the Chula Vista Municipal Code, as well as the State Vehicle Code, prohibits bikes on sidewalks. c. PROPOSAL FOR DEVELOPMENT OF AN INN AND TENNIS CLUB ON LAND OWNED BY THE CITY OF CHULA VISTA - David Smith, Randolph, Alexander & Smith Property Management Company, 815 Third Avenue, Ste. 205, Chula Vista 92011 Council direct staff to prepare a resolution declaring this parcel as surplus to City needs for consideration at a future Meeting. d. CONCERNS REGARDING SINGLE CONDUITS PLACED IN SERVICE TRENCH AT RANCHO DEL REY - Martin Altbaum, President, Ultronics, Inc., 253 Third Avenue, Chula Vista 92010 Pulled from the Consent Calendar. 4. RESOLUTION 14068 APPROVING PROPOSED BUDGET AND ACHIEVEMENT REPORT FOR THE DOWNTOWN IMPROVEMENT DISTRICT (Director of Finance) The proposed budget for calendar year 1989 and an achievement report for the calendar year 1988 have been prepared by the Town Centre Business and Professional Association as required by Ordinance No. 1885. Council approved both reports as submitted. 5. RESOLUTION 14069 AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR THE $50,000 GRANT TO PREPARE AN ENHANCEMENT PLAN FOR THE OTAY RIVER VALLEY (Director of Parks & Recreation) The Coastal Conservancy has approved the grant application and has requested the subject resolution. The terms and conditions relate to submission and following of a work program and the Parks and Recreation Director will be authorized to sign the agreement on behalf of the City. MINUTES 3 May 2, 1989 6. RESOLUTION 14070 AUTHORIZING THE MAYOR TO SIGN AN APPLICATION AND PERMIT FOR USE OF THE SWIMMING POOL AT SOUTHWESTERN COLLEGE AND TO EXECUTE A HOLD HARMLESS AGREEMENT (Director of Parks & Recreation) The City is planning to offer recreational swimming and swimming classes at the pool at Southwestern College; class session dates will match those at the other City pools. 7a. RESOLUTION 14071 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH THE "LANDSCAPING AND LIGHTING ACT OF 1972," FOR THE CHULA VISTA TOWN CENTRE NO. 1 LIGHTING AND LANDSCAPE DISTRICT FOR THE FISCAL YEAR COMMENCING JULY 1, 1989, AND ENDING JUNE 30, 1990 (Director of Public Works) b. RESOLUTION 14072 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH THE "LANDSCAPING AND LIGHTING ACT OF 1972FOR BAY BOULEVARD LIGHTING AND LANDSCAPE DISTRICT FOR THE FISCAL YEAR COMMENCING JULY 1, 1989, AND ENDING JUNE 30, 1990 The Town Centre No. 1 and Bay Boulevard Landscaping and Lighting Maintenance Districts were formed to pay the annual costs of maintaining the landscape and lighting along Third Avenue from "E" Street to "G" Street and Bay Boulevard in the vicinity of the "F" Street Portal Park, the park itself and other landscaping area. 8. RESOLUTION 14073 ACCEPTING CONTRACT WORK FOR CONSTRUCTION OF THE CENTRAL BASIN DRAINAGE CHANNEL EAST AND WEST OF FIFTH AVENUE BETWEEN F AND G STREETS IN THE CITY; APPROVING CHANGE ORDER NO. 3 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE IT IN BEHALF OF THE CITY (Director of Public Works) Council accepted the work as completed by Commercial Contractors, Inc. for the construction of an open reinforced concrete lined rectangular channel east and west of Fifth Avenue between "F" and "G'~ Streets in the City. Change Order 3 compensates the contractor for miscellaneous work needed to complete the project and adjusts the contract time to reflect the actual time required by the contractor to accomplish the change order work. 9. RESOLUTION 14074 ACCEPTING GRANT OF EASEMENT FROM WILLIAM BABB FOR STREET TREE PURPOSES AT 1215 HILLTOP DRIVE (Director of Public Works) One of the conditions placed upon the Tentative Parcel Map required the owner (William Babb) ~to grant an easement over a 5.5 foot strip of land along the north side of Tranquilo Lane and the east side of Hilltop Drive for street purposes. ~4INUTES - 4 - May 2, 1989 10. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR I~,' TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTION OF FOURTH AVENUE AND L STREET; AND TRAFFIC SIGNAL INSTALLATION AT EAST L STREET AND MONSERATE AVENUE (Director of Public Works) Pulled from the Consent Calendar. lla. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-2, RANCHO DEL REY, PHASE 2, UNIT 11, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 (Director of Public Works) b. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 c. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 MINUTES 5 May 2, 1989 lld. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 e. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 4, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 f. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 5, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 g. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 4 UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 MINUTES - 6 - May 2, 1989 llh. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 4 UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 ~AYOR TO EXECUTE SAID AGREEMENT i. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 4 UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 Pulled from the Consent Calendar. 12. REPORT ON REQUEST FOR ENCROACHMENT PERMIT BY KAMEL HINDI AT 661 REDLANDS PLACE (Director of Public Works) Pulled from the Consent Calendar. 13. REPORT PLANNED ARBOR DAY (TREE CITY USA) CELEBRATION FOR APRIL 25, 1989, MARCH 7, 1990 AND MARCH 7, 1991 (Director of Planning) Council authorized staff to appropriate the funds and to support the Arbor Day programs in an ongoing enhancement to assure continued recognition of Chula Vista as "Tree City USA." The program for each of the next three years includes the donation of a tree by the City to the new elementary schools scheduled for the City's eastern territory. 14. REPORT CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION REQUEST TO CONDUCT THE CHULA VISTA SUMMER STREET FESTIVAL (Director of Parks & Recreation) Pulled from the Consent Calendar. END OF CONSENT CALENDAR MINUTES - 7 - May 2, 1989 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-89-39: REQUEST TO ESTABLISH A MANUFACTURERS GROCERY OUTLET AT 651 L STREET, CANNED FOODS (Director of Planning) RESOLUTION 14075 APPROVING MANUFACTURERS GROCERY OUTLET AT 651 L STREET This being the time and place as advertised, the public hearing was declared open. Director of Krempl reported the recommendation of the Planning Commission to approve the request to establish a manufacturers grocery outlet at the Ratner's Clothing complex which includes several thousand square feet of light industrial floor space and associated parking areas on 15.5 acres of land. Mayor Cox requested a condition be included to assure the asphalted area between the sidewalk and the leased space and which is broken up by a loading area be included in the landscaping. Charles Tiano, Ratner Corporation, 705 Twelfth Avenue, San Diego, reported the corporation is presently reviewing the possibility of landscaping the entire area mentioned by Mayor Cox, which decision is pending until they know the requirements of a future tenant. Secondly, Mr. Tiano reported the Corporation's desire to landscape along "L" Street rather than the parking lot. Councilman Malcolm obtained Director Krempl's confirmation the parking requirements are adequate for the proposed use. MAYOR COX OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 16. PUBLIC HEARING CUP PCC-89-38: REQUEST TO ESTABLISH A TEMPORARY DAY TREATMENT FACILITY FOR DEVELOPMENTALLY DISABLED ADULTS AT 255 BROADWAY - LIFETIME ASSISTANCE & SERVICES, INC. (Director of Planning) RESOLUTION 14076 APPROVING TEMPORARY ADULT TREATMENT FACILITY AT 255 BROADWAY This being the time and place as advertised, the public hearing was declared open. Director Krempl reported the requested approval is for a temporary use for one year and a possible six month extension at the project MINUTES 8 - May 2, 1989 site until the applicant can secure a more permanent use site at the EastLake Business Center. The five conditions pertain to the hours of operation, supervision indoor and outdoor activities, signage and compliance with all applicable fire, building and housing and other code requirements. In order for the applicant to be able to secure funding they must be operational before June 30, 1989. There being no others to speak either for or against the subject the public hearing was closed. MOTION MS (McCandliss/Nader) to continue the item for one week to question the applicant on certain aspects of the proposed use. The applicant arrived at the Council Meeting before the vote and Mayor Cox reopened the Public Hearing. Councilwoman McCandliss questioned whether an outside area is planned for activities. Dr. Bruce Baumgarten, Lifetime Assistance and Services, 374 North Highway 101, Encinitas, confirmed the existence of an enclosed outdoor area to be used for outdoor lunches and recreational activities. Dr. Baumgarten explained the services proposed to be rendered for the developmentally disabled adults aged 18 through 55 and sometimes older; the ratio of clinical staff is one to 4 clients. There being no others to speak either for or against the subject the public hearing was closed. COUNCILMAN MOORE OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 17. ORAL COMMUNICATIONS - None. a. PRESENTATION OF CHECK FOR $2,000 TO REDEVELOPMENT AGENCY Richard Ibarra, Western Mobilehome Association Mr. Richard Ibarra, Western Mobilehome Association, presented the check to the Redevelopment Agency to be used for the low income Arbitration Assistance Fund, in the hopes that this is a start of improved communications with Council and other interested parties in the Mobilehome Industry. Mayor Cox accepted the check for $2,000 stating the appreciation of City Council and immediately presented the check to Director of Finance Christopher. MINUTES 9 May 2, 1989 PULLED ITEMS 3d. CONCERNS REGARDING SINGLE CONDUITS PLACED IN SERVICE TRENCH AT RANCHO DEL REY - Martin Altbaum, President, Ultronics, Inc., 253 Third Avenue, Chula Vista 92010 Martin Altbaum, ULTRONICS INC., 253 Third Avenue, 92010, reported the importance of this item because of the very few cities that have two franchise cable operations and stated the previously requested trench ordinance would have foreclosed this problem. McMillin Corporation has decided to put in the one pipe to be shared by both companies; a separate 1" inexpensive pipe for each cable company would prevent any problems in the future as other companies have agreed to do. He reported Cal Oliver, Engineering Director for ULTRONICS, 253 Third Avenue, 92010, is here to answer technical questions. Ed Elliott, Representative for the Rancho del Rey/McMillin communities, presented a brief background stating he would like to bring this to a possible quick conclusion. He feels this request should be referred to the Building Department of the City for a standard method of operation. Councilman Malcolm stressed the importance of affording price competition and services for the citizens and requested a commitment from Mr. Elliott that the Rancho del Rey/McMillin Communities will give every franchisee the same right or opportunity to go into the conduit or pipe and get to every house; Mr. Elliott confirmed his commitment states to the front of the property rather than the house, which is the point of disagreement. Mr. Elliott also stated, however, when the City of Chula Vista sets a standard the Companies will abide by that and no trenches will be closed to prevent this. Councilman Moore questioned the method of wiring the older sections of Chula Vista for cable TV. Martin Altbaum, ULTRONICS, reported his company has wired up to 900 homes/month which include 141 single family homes and are working toward Naples Street at this time for the reason that they must reach the Rancho del Sur before the development goes underground. MOTION MS (Cox/Nader) to refer the item to staff to come back on the first Meeting in June with a recommendation whether to modify the Development Ordinance to accommodate two or three competing companies. For the record, Mr. Elliott stated his agreement that, thirty days from now if the action of City Council has modified the requirements, McMillin Corporation is agreeable to adopt those standards for its upcoming projects. MINUTES lO May 2, 1989 To answer Councilman Nader's questions, City Attorney Harron confirmed that after a legal analysis the City is allowed to pass reasonable regulations to protect the public welfare and, secondly, maps cannot be conditioned at the Final Map stage. VOTE ON THE MOTION passed unanimously. 10. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTION OF FOURTH AVENUE AND L STREET; AND TRAFFIC SIGNAL INSTALLATION AT EAST L STREET AND MONSERATE AVENUE (Director of Public Works) Staff recommended Council accept the bids and award the contract to low bidder, ESS Corporation of Phoenix, Arizona, in the amount of $90,415 to install left turn phasing at Fourth Avenue and "L" Street and to install traffic signals at East "L" Street and Monserate Avenue and to perform related work at both intersections. It is further recommended the modification of traffic signals at Fifth Avenue and "H" Street to provide left turn phasing be deleted from the contract. Councilwoman McCandliss questioned the decision of staff and, since the City has a good low bidder, the left turn phasing at Fifth and "H" Street should not be deleted. Director of Public Works Lippitt reported that as a general policy staff does not like to put in the turn phasing until necessary. Traffic Engineer Rosenberg reported the warrants which are based on the delay of cars turning left and the number of cycles measured within an hour. MOTION MS IMcCandliss/Nader) to amend the Resolution to include the project at Fifth Avenue at "H" Street. Councilman Malcolm reported his opposition because the left turn phasing at Fifth and "H" is not needed. To answer Councilman Nader, Traffic Engineer Rosenberg reported the left turn phasing will eventually be needed in staff's opinion and when the property is developed on the north side, channelization or management of traffic will be necessary to avoid conflicts. Council discussed the cost of the projects and the funding sources. VOTE ON THE MOTION Motion failed. (Councilwoman McCandliss voted aye; Mayor Cox and Councilmen Nader and Malcolm voted no; Councilman Moore abstained because he lives in the area.) MAYOR COX OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved. ICouncilwoman McCandliss voted no; Councilman Moore abstained.) MINUTES - ll May 2, 1989 lla. RESOLUTION 14078 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-2, RANCHO DEL REY, PHASE 2, UNIT 11, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED OH SAID NAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 (Director of Public Works) b. RESOLUTION 14079 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 c. RESOLUTION 14080 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 ~d. RESOLUTION 14081 APPROVING THE FINAL ~AP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP AND THE EASEMENTS GRANTED ON SAID I~AP 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 MINUTES - 12 May 2, 1989 lie. RESOLUTION 14082 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 4, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 f. RESOLUTION 14083 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 3 UNIT 5, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 g. RESOLUTION 14084 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 4 UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED O~ 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 h. RESOLUTION 14085 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-t, RANCHO DEL REY, PHASE 4 UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVE~IENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT MINUTES 13 May 2, 1989 lli RESOLUTION '14086 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 4 UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED 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 The nine final maps of Tract 88-1 consist of a total of 669 single family residential lots and a total of 25 lots for open space, public utilities and other public uses. It is recommended Council approve the proposed street names by virtue of their acceptance as public streets in conjunction with approval of the subdivision maps. Councilman Nader questioned the amount of grading, to the top of the ridge along the west side of Otay Lakes Road, and his recollection that open space was to remain in that portion. City Engineer Swanson reported the developer graded in the area to create the subdivision above and to create Otay Lakes Road; additionally, from Avenida del Rey to the east a drainage channel was created because of the slopes and the roadway. The graded area will be replanted and remain as open space as required by the subdivision ordinance and acceptable to the landscape architect; the rest of the area to the north will be left native. Ed Elliott, Rancho del Rey Partnership, reported "H" Street was the first threshold, the work with the State for improvements at Route 805 and "H" which are in progress; and the completion of Otay Lakes Road, which must be completed before occupancy of the Phase III and Phase IV of the project. Phase II, Unit 11, is tied to another threshold and all thresholds are in progress and will be completed on schedule to coincide with the map process. He further reported the graded area will be restored as open space with drought tolerant materials but it will take approximately two years and a watering process to establish new growth as has been accomplished previously in other developments. MAYOR COX OFFERED THE RESOLUTIONS a. THROUGH h. which were read by titles, the reading of the texts waived by unanimous consent. Councilman Malcolm stated he would vote no on the resolutions because of his disappointment that the developer did not take advantage of the natural land forms when placing the homes. Councilman Nader reported the areas in which he was not satisfied: (1) The open space corridor on Otay Lakes Road and how it will look when the project is completed and (2) he is not sure that the spirit of joined access for all franchise utilities has been met. MINUTES t4 - May 2, 1989 VOTE ON THE RESOLUTIONS Motion passed. (Councilmembers Nader and Malcolm voted no.) 12. REPORT ON REQUEST FOR ENCROACHMENT PERMIT BY KAMEL HINDI AT 661 REDLANDS PLACE (Director of Public Works) The encroachment permit is requested to maintain an existing retaining wall which was constructed in the city's open space lot at the rear of this parcel. The item was considered by Council on April 18 at which time the report was accepted to deny the request but it was later learned that Mr. Hindi did not receive his notice of the meeting. Kamel Hindi, 661 Redlands Place, stated that when he purchased the property in April 1988, the former owner had a wood wall and markers to point out the boundaries of the property. When he called City Hall to question, he was told no permit was required to build a 3'wall; later he was approached by City personnel with information to the contrary and later received a letter advising him to request an encroachment permit. Parks and Recreation Director Mollinedo reported the item was brought to the City's attention by a complaint of a neighbor. The Open Space Coordinator investigated the matter and found a permit was never requested for the construction which was under way and which was continued for a deck over the retaining wall which is actually in the open space. Open Space Coordinator Chew reported staff did not monitor the construction of the wall so it is conjectural where the fill for the retaining wall came from; however, the slope has obviously been altered. Rod F. Davis, 653 Redlands Place, Bonita 92002, stated he knew the original owner of this property and reported the lo9 wall was created for a horseshoe pit. His objection lies in three areas: this is an "eyesore" which affects property values, voices of people recreating at the edge of the canyon creates an offensive volume of noise in the neighbors yards and, if granted, others will follow until no open space remains. Wendy Lyon, 657 Redlands Place, Bonita, 92002, a neighbor of Mr. Hindi, stated her concern that there is no structural safety and there is the annoyance created at the edge and through their fence. These concerns existed before it was known it encroached on to the open space. Doug Thimm, 669 Redlands Place, reported that he called the City when the construction began and was told it would be investigated. As construction proceeded, he watched the dirt being moved altering the previous gentle slope. He further objects because of the precedence this would set. MINUTES 15 - May 2, 1989 MOTION MSUC (Malcolm/Moore) to accept the report and deny the application. VOTE ON THE MOTION passed unanimously. MOTION MSUC (Cox/Moore) to direct staff that when notification is mailed to residents in the Open Space Districts each year concerning their budgets and recommendations of staff, that inclusion be made of what can or cannot occur in the open space areas. Councilman Malcolm suggested to the City Manager that like items be handled under the authority of the Planning Commission. 14. REPORT CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION REQUEST TO CONDUCT THE CHULA VISTA SUMMER STREET FESTIVAL (Director of Parks & Recreation) It is recommended Council approve the request for street closures, to waive the business license requirements for vendors taking part in the event and to grant the request of the Downtown Business Association to use various types of City equipment. Councilwoman McCandliss referred to last year's problems with noise on Third Avenue and questioned placement of the entertainment. Director of Parks and Recreation Mollinedo reported it would be on the street across from Fuddrucker's. The amplification for the program will not be as extensive or elaborate as previous but will be on the street approximately in front of Memorial Park. Councilwoman McCandliss suggested that, if complaints are made, the City not approve the entertainment for the Festival in the future at this location. MOTION MSUC (Cox/Malcolm) to approve the staff recommendation. 18. CITY MANAGER'S REPORT a Scheduling of Council meetings - 1. The proposed Budget Schedule was transmitted to Council and the City Manager is ready for input. 2. Reported the difficulty to schedule a date for a Workshop to discuss the Baldwin and Otay Ranch issues, which might have to be scheduled at a Council or Agency Meeting. 19. MAYOR'S REPORT a. Welcome made to Lillian Heffernan of the San Diego Tribune. MINUTES 16 May 2, 1989 b. Reminder to Councilmembers there will be an Assessment Center all day on Monday, May 8 starting at 8:30 a.m. for the purpose of selecting the new City Clerk. c. The San Diego Unified Port Commission has agreed to take on the obligation of doing the preliminary environmental studies to get to the threshold decisions for the Second Harbor Entrance; SHEP will resume their role as an advocacy. 20. COUNCIL COMMENTS COUNCILMAN MALCOLM: a. Legislative Report for Information Only: SB 584 IBergeson) Local Agency Formation Commissions (Opposed) COUNCILMAN NADER: a. Traffic control devices Report was given of a community meeting in Terra Nova regarding a park and the residents ideas of current and increased need as well as the need developed by Rancho del Rey for a stop sign or traffic control at Hidden Vista and Woodhouse because of the park's use by children. MOTION MSUC INader/Moore) to refer the item to staff and the Safety Commission for a report back to Council. COUNCILWOMAN MCCANDLISS: a. Fig Avenue traffic counts - Information item from staff revealed that the counts would be discontinued; the Chula Vista Center is not completed as yet because of the impact on Shasta and Guava. MOTION MSUC (McCandliss/Malcolm) to continue the traffic monitoring in that area at least on an annual basis around Christmas Shopping time to insure traffic counts are accurate and until Council continues to see improvement in the area that is apparently there now. b. Vote on Final Maps for Rancho del Rey Concern for the amount of grading on Otay Lakes Road is shared with Councilmen Nader and Malcolm because of the open space and the scenic corridor. Staff was put on notice that any projects in the future which have similar areas will be getting a greater level of scrutiny. Councilman Nader added that he would like to see the staff policy regarding actions taken or not taken between the time of tentative map approval and final map approval. c. Post Office Request that a letter be sent complimenting staff and the Safety Commission for the extra time and effort spent working with the Post Office to come up with a good design solution to solve the traffic problems on a long term basis. MINUTES 17 May 2, 1989 MOTION ~ISUC (Cox/Moore) to direct staff to prepare a letter for Council to the Post Office thanking them for their cooperation on implementing the changes. MOTION MSUC (Cox/Malcolm) to refer to staff and the Safety Commission the roblem at the "mail drop off" box on Third Avenue at the Post ~ffice. At 6:16 p.m., City Council recessed to convene jointly with the Redevelopment Agency in Closed Session to discuss Personnel, Brooks v. Phares, and potential acquisition of property at 4501 Otay Valley Road (Vince Davies, owner). At 7:10 p.m., City Council reconvened to adjourn to the Assessment Center scheduled for May 8, 1989 at 8:30 a.m. and to the Regular Meeting of May 9, 1989 at 7:00 p.m. ~C DEPUTY CITY CLERK