Loading...
HomeMy WebLinkAboutcc min 1987/10/27 RDA At 5:30 p.m., the Redevelopment Agency of the City of Chula Vista met in Closed Session to discuss the acquisition of the Bayfront. At 6:00 P.M., The City Council met in Closed Session to discuss the acquisition of the Bayfront, Sierra Club v. Coastal Commission, Chula Vista v. Collins and Potential Litigation. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 27, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Moore, McCandliss (who arrived at 7:30 p.m.), Malcolm MEMBERS ABSENT: None STAFF PRESENT: Assistant City Manager Asmus, Deputy City Manager Morris, and City Attorney Tom Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES for the Regular Meeting of October 13, 1987 and AMENDMENT TO MINUTES for the Regular Meeting of September 22, 19~/. MSUC (Moore/Cox) to approve the Minutes of the Regular Meeting of October 13th with the later submitted changes to three pages; and the Amendment to page 10 of the Minutes of the Regular Meeting of September 22, 1987. (Councilwoman McCandliss absent) 2. SPECIAL ORDERS OF THE DAY - PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 25-31, 1987 AS RED RIBBON WEEK (Veterans Foreign Wars Post 2111) While Mayor Cox read the Proclamation in its entirety, Mayor pro Tempore Moore made the presentation to Jim Fry, Chairman of the Red Ribbon Campaign of V. F. W. Post 2111. Mayor Cox thanked the members of the VFW Post 2111 for their involvement in this effort to persuade all to wear the Red Ribbon during this week as a visual statement of a healthy life. b. Dr. A1 Madison of Bonita thanked Councilmembers on behalf of the faculty and students of the Burton C. Tiffany School for the installation of the traffic signal at Auburn and "H" Street; Parent Teachers Association President Baum added the appreciation of the Association members; and Master Sargeant John Troy of the Tiffany School Safety Patrol presented Councilmembers with copies of the students' literary efforts in appreciation. MINUTES - 2 - October 27, 1987 CONSENT CALENDAR (Items 3a 14) MSC (Moore/Cox) to approve the Consent Calendar, with the exception of items 3e, 3f and 14. (Because a recent stock purchase could establish a potential conflict of interest, Councilman Malcolm abstained on item 4. Mayor Cox abstained on item 7a, b, c, and d, awaiting a conflict of interest decision from the Fair Political Practices Commission.) 3. WRITTEN COMMUNICATIONS a. MARCH OF DIMES BIRTH DEFECTS FOUNDATION, 8333 Clairemont Mesa Boulevard, Suite 101, San Diego, CA 92111 - Council approved this request for permission to conduct the Annual Mothers' March on January 17 24, 1988, subject to staff conditions. b. SUPERVISOR BRIAN BILBRAY, SAN DIEGO COUNTY BOARD OF SUPERVISORS, 1600 PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CA 92101, requested that the City of Chula Vista coordinate the process for major use permit with the County's efforts to locate a suitable site for the auto crusher and scrapyard operation located at 128 Mace Street in Chula Vista. Council approved the abatement period to be extended by an additional sixty days. c. JAMES E. FRY, COMMUNITY ACTIVITIES CHAIRMAN, VETERANS OF FOREIGN WARS, Robert H. Scholer Post No. 2111, P.O. Box 93, Chula Vista, CA 92010 - Council approved funding for one-half share of Armed Force Flags for use at the Memorial in the Park on November ll, 1987. d. ASSEMBLYMAN STEVE PEACE, 430 Davidson Street, Suite B, Chula Vista, CA 92010 Council directed staff to evaluate the concept of constructing a trolley line down "H" Street running from I-5 to Southwestern College with MTDB and to report back. e. CHULA VISTA POLICE OFFICERS' ASSOCIATION, P.O. Box 848, Chula Vista, CA 92012 (with attached Petition signed by llO members) Pulled from the Consent Agenda f. FRED L. BORST, 172 LANDALE LANE, EL CAJON, CA 92019 Resignation from the Membership of the Otay Valley Road Project Area Committee. Pulled from Consent Agenda 4. RESOLUTION 13295 APPROVING AGREEMENT WITH RANCHO DEL SUR, A PARTNERSHIP, REGARDING STANDARDS FOR DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF CHULA VISTA Consistent with the condition of its rezoning, Rancho del Sur would be required by this agreement to fall under the proposed thresholds submitted by the Crossroads/Developers Coalition as they currently exist or as they are modified by Council up until time of final map approval. MINUTES - 3 - October 27, 1987 5. RESOLUTION 13296 APPROVING AN AGREEMENT BETWEEN THE CITY OF CNULA VISTA AND VISIONS TO PREPARE DESIGN PLANS FOR THE RENOVATION OF NORMAN PARK CENTER The City has approximately $386,000 available for the design and construction of improvements to Norman Park Center. This amount includes the recent grant of $200 000 from the State, which will be available January l, 1988. ' 6. RESOLUTION 13297 ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTION OF "G" STREET AND FIFTH AVENUE STORM DRAIN SYSTEM ADJACENT TO CHULA VISTA JUNIOR HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR Overson Rand Enterprises completed the construction of the "G" Street and Fifth Avenue storm drain system adjacent to Chula Vista Junior High School on October 15, 1987. All work was completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. 7a. REPORT MODIFICATION TO CEQA FINDINGS FOR BONITA LONG CANYON ESTATES RESOLUTION 13298 APPROVING MODIFICATION TO CEQA FINDINGS FROM PLANNING DEPARTMENT FOR BONITA LONG CANYON ESTATES EIR-Tlg-2-A) In April of 1981, the City adopted CEQA findings for the Bonita Long Canyon project. The traffic study on the project assumed that East "H" Street would not be extended from 1-805 to Otay Lakes Road. The applicant has requested consideration of the fact that East "H" Street has been extended from 1-805 to the project. Since the preparation of the environmental documents for this project, East "H" Street has been extended in a two to four lane configuration to serve this and other projects and is now being widened to six lanes from Tetra Nova to Otay Lakes Road. The CEQA findings for the project were based on the old traffic study without this link. Under the previous assumptions many of the trips generated by the project were assigned northerly along Corral Canyon Road and Central Avenue to Bonita Road. This resulted in mitigation measures designed to increase the capacity of these roads. b. RESOLUTION 13299 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES UNIT NO. 4, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON AID MAP, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT MINUTES - 4 - October 27, 1987 7c. RESOLUTION 13300 ACCEPTING OFFSITE EASEMENTS FOR DRAINAGE PURPOSES IN CONJUNCTION WITH CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES UNIT NO. 4 d. RESOLUTION 13301 APPROVING INTERIM FINANCING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA LONG CANYON PARTNERSHIP FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON UNIT NOS. 4 THROUGH 7, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Unit No. 4 of Chula Vista Tract 86-3, Donira Long Canyon, consists lots T.e fi.al map for said ..it .as been v e Engineering Department and found to be in conformance with the approved tentative map. Approval of the map constitutes acceptance of all drainage, sewer and access easements within the subdivision and acceptance on behalf of the public of Canyon Drive, Canyon Court, Cumbre View, Overland Court, Elkhorn Court, Pineridge Court and portion of Otay Lakes Road. Approval of the Map also constitutes acceptance of lots H, I, J, K, L and M for open space purposes. 8. RESOLUTION 13302 ACCEPTING PUBLIC IMPROVEMENTS TRAFFIC SIGNAL MODIFICATIONS AT THIRD AVENUE/"E" STREET AND FOURTH AVENUE/"E" STREET IN THE CITY OF CHULA VISTA, CALIFORNIA Select Electric Inc. completed the traffic signal modifications at Third Avenue/E Street and Fourth Avenue/E Street on October 21, 1987. All work was completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. 9a. RESOLUTION 13303 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INFRASTRUCTURE MANAGEMENT SERVICES (IMS) FOR TESTING OF CITY STREETS NORTH OF "L" STREET AND WEST OF 1-805 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT b. RESOLUTION 13304 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INFRASTRUCTURE MANAGEMENT SERVICES (IMS) FOR PROJECT LEVEL TESTING OF BROADWAY BETWEEN "F" STREET AND ANITA STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In the fiscal year 1986-87 Capital Improvement Program, Council approved funds for acquisition of a computerized pavement management program. The management system acquired was developed b Infrastructure Management Services (IMS). The contract with IMS a~so included testing of all the paved streets in the Montgomery area. That work is complete and staff is now prepared to incorporate additional City streets into the pavement management program. MINUTES 5 October 27, 1987 Funding for the cost of pavement testing north of "L" Street and west of Io805, $40,000, has been appropriated from City Gas Tax Funds through the CIP process. Funds for the Broadway, "F" Street to Anita Street pavement testing, $3,300, are available from design funds budgeted for the reconstruction of Broadway from "I" Street to "L" Street. lO. RESOLUTION 13305 ACCEPTING PUBLIC IMPROVEMENTS TRAFFIC SIGNAL INSTALLATION AT EAST "H" STREET/AUBURN AVENUE AND ORANGE AVENUE/MAX AVENUE THE CITY OF CHULA VISTA, CALIFORNIA Perry Electric completed the installation of the traffic signals at the East "H" Street/Auburn Avenue and Orange Avenue/Max avenue intersections on October 21, 1987. All work was completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. 11. RESOLUTION 13306 APPROVING THE STATEMENT OF ANNUAL HOUSING GOALS FOR THE PERIOD FROM OCTOBER l, 1987 TO SEPTEMBER 30, 1988 AND AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT THE NECESSARY DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT In 1985, the Council approved a three year Housing Assistance Plan for the period from October l, 1985, to September 30, 1988, and submitted that plan to HUD, by whom it was subsequently approved. Ongoing maintenance of that plan requires annual Statements of Housing Assistance Goals. The statement of goals for the period from October 1, 1987, to September 30, 1988, has been prepared, giving the City continued eligibility to $1,080,019 of Community Development Block Grant funding for FY 1987-88. 12. ORDINANCE 2237 AMENDING SECTION 19.26.040 OF THE CITY OF CHULA VISTA MUNICIPAL CODE RELATING TO SMALL FAMILY DAY CARE CENTERS IN SINGLE FAMILY DWELLINGS (FIRST READING) Section 19.26.040 of the Chula Vista Municipal Code currently requires small day care centers but not single family residences to obtain a conditional use permit prior to locating in an R-2 zone. State legislation prohibits cities from distinguishing family day care facilities from other single family dwellings. Therefore, this section has been amended to reflect this state requirement. 13. REPORT REQUEST TO CONDUCT HALLOWEEN PARADE BY ROHR ELEMENTARY SCHOOL Council approved the request to conduct the parade on October 29, 1987 at 2:00 p.m. to 2:20 p.m. MINUTES - 6 - October 27, 1987 14. REPORT CLOSED SESSION POLICY Pulled from the Consent Agenda. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING TO CONSIDER A REQUEST TO WAIVE THE REQUIREMENT TO UNDERGROUND OVERHEAD ELECTRICAL FACILITIES THROUGH THE PROPOSED RANCHO DEL SUR SUBDIVISION This being the time and place as advertised, Mayor Cox declared the public hearing open. MSUC (Cox/Nader) to continue this item to the meeting of November 10, 1987. 16. PUBLIC HEARING PCS-87-12 FIELDSTONE CLASSICS, CHULA VISTA TRACT 87-12 - THE FIELDSTONE COMPANY PUBLIC HEARING P88-1 - CONSIDERATION OF PRECISE PLAN AND DEVELOPMENT STANDARDS FOR FIELDSTONE CLASSICS, CHULA VISTA TRACT 87-12 PUBLIC HEARING PCZ 88-B CONSIDERATION TO REOESIGNATE lO.107 ACRES FROM RP-13 TO RP-8 IN EASTLAKE SHORES FIELDSTONE CLASSICS RESOLUTION 13307 APPROVING THE TENTATIVE SUBDIVISION MAP FOR FIELDSTONE CLASSICS, CHULA VISTA TRACT 87-12 RESOLUTION 13308 APPROVING P 88-1, PRECISE PLAN AND DEVELOPMENT STANDARDS FOR FIELDSTONE CLASSICS, CHULA VISTA TRACT 87-12 ORDINANCE 2238 REZONING 10.107 ACRES IN EASTLAKE SHORES (FIELDSTONE CLASSICS CHULA VISTA TRACT 87-12) FROM RP-13 TO RP 8 (FIRST READING) This being the time and place as advertised, Mayor Cox declared the public hearings open. Staff, through view graphics, explained that the Fieldstone Company proposes to develop 60 residential lots on 10.107 acres located on the south side of Lakeshore Drive. The proKosal involves a tentative subdivision map, precise plan, and a c ange in land use district from RP-13 to RP-8. The EastLake Master Environmental Impact Report, EIR-81-3, and the supplemental EastLake I SPA Plan Environmental Impact Report, EIR-84-1, have been prepared and address the environmental impacts of the proposed project. Access points and easements were pointed out and explained that the average lot size is over 5,000 sq.ft. which compares to the 3,000 sq. ft. lots which could have been approved under prior zoning. MINUTES 7 October 27, 1987 Jim Hansen, 5465 Morehouse Drive, San Diego, and James Craig, 2611 Adams Avenue, San Diego, 92116 both stated their availability to answer questions for the Fieldstone Company. There being no one to speak for or against this issue, the Mayor declared the public hearings closed. Councilmember Malcolm questioned the route "H" street takes between 1-805 and Otay Lakes Road, and Director-of Public Works Lippitt replied that portion of "H" Street has been finished with the utility installation being the next step to begin within a few days. Bonds will guarantee that the work will be completed. At 7:30 p.m., Councilwoman McCandliss took her seat. Councilman Moore questioned the open spaces, which was explained by staff to be strips within the easements, along the outside strip of the lots and on the slopes. Jim Hansen stated the developer's intention to turn the easements and open spaces over to the Homeowners Association for maintenance. Roofing materials and density was also discussed. RESOLUTIONS (2) AND ORDINANCE OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved. (Because of her absence during the public hearing portion of the discussion, Councilwoman McCandliss abstained.) MSC (Nader/Malcolm) to condition the Tentative Map to comply with such growth management thresholds as may be adopted, upon the condition there is no provision to the contrary in the Development Agreement. (Councilman Moore voted no; Because of her absence during the public hearing portion of the discussion, Councilwoman McCandliss abstained.) 17. PUBLIC HEARING PCZ-88-D - CONSIDERATION TO REZONE O.lO ACRES LOCATED AT 145 WILLOW STREET FROM A-D TO C-C-D CREASER PRICE INSURANCE AGENCY ORDINANCE 2239 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 0.10 ACRES LOCATED AT 145 WILLOW STREET FROM A-D TO C-C-D (FIRST READING) The proposal is to rezone O.lO acres from A-D (Agricultural/Design control) to C-C-D (Central commercial/design control) in order to expand the parking area for the office building at 145 Willow Street in the C-C-D zone. An Initial Study, IS-88-7 of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator who concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. MINUTES - 8 - October 27, 1987 This being the time and place as advertised, the Mayor declared the ~ublic hearing open. There being no one to speak for or against his issue, the public hearing was closed. ORDINANCE OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Malcolm questioned the ability to expand the existing building, and stated his intent to support is to allow more parking and not to expand usage on the parcel. 18. Numbered in error 19. ORAL COMMUNICATIONS None PULLED ITEMS 3e. CHULA VISTA POLICE OFFICERS' ASSOCIATION, P.O. Box 848, Chula Vista, CA 92012 (with attached Petition signed by llO members) Request of Association Members to reconsider the color of the Police uniform shoulder patch or to change back to the old style. MSUC (Nader/McCandliss) to direct staff to consult with the members of the Police Officers' Association as to the logo and color scheme of the patch, and to report back. 3f. FRED L. BORST, 172 LANDALE LANE, EL CAJON, CA g2Olg Resignation from the Membership of the Otay Valley Road Project Area Committee because of the requirement by the Fair Political Practices Commission (FPPC) to disclose his financial interest. Mayor Cox stated his concern because the requirement for Project Area Committee Members to disclose their financial interest could lead to a possible conflict of interest when voting on issues in that area. The Mayor asked for new interpretation of this FPPC ruling or for new legislation. The City Attorney stated this is an FPPC opinion and not addressed in legislative updates. It is the City of Chula Vista's intent to make this subject a legislative goal for this year. MSUC (Cox/Malcolm) to accept Mr. Fred Borst's resignation and to send a letter of appreciation for his services on this Committee. MSUC (Cox/ Malcolm) to direct staff to seek a change on this legislation and to report back. 14. REPORT CLOSED SESSION POLICY At the September 22, lg87 meeting, the City Council directed the City Attorney to report back with an outline of existing policies with regard to disclosure of matters discussed in closed session. In addition, the Council requested that the issue of taping closed sessions be included in this report. MINUTES - 9 - October 27, 1987 The City Attorney recommended the continuance of the current policy to disclose matters which would not be injurious to the City's osition in litigation as soon as the need for confidentiality no Vonger exists. Councilman Nader sugguested a policy that, when items discussed and decisions made in closed session, it should be revealed to the public and that there should be some person designated to reveal this information to the press and the public. The City Attorney read from the current policy that the recommendation states to disclose any information that is not detrimental to litigation; and also read from page 12 which states when there is a recommendation to disclose more, this would be decided on a case by case basis. Councilmembers discussed this issue at length. At 8:12 p.m., Mayor Cox left the meeting. MS Nader/Malcolm) to direct staff to come back with a policy for City Council consideration providing for the routine or automatic public disclosure of information as it is made available to adversaries or potential adversaries. Councilman Malcolm stressed his position that all closed sessions should be taped for release, after a year or approximately such time to make Councilmembers accountable for their actions and decisions. SUBSTITUTE MOTION: MSC (Moore/McCandliss) to direct the City Attorney to bring back completed closed session actions to Council for direction to release the information; and that a paragraph incorporating this direction be added to the current Council Policy. (Councilman Nader voted no; Mayor Cox was absent) At 8:52 p.m., Mayor Cox return to his seat. 20. REPORT OF THE CITY MANAGER 21. MAYOR'S REPORT a. The Boards/Commissions and Committees' Workshop was given by Jennie Fulasz, City Clerk on October 22, who was con ratulated for excellent performance. Complimentary 1988 caVendars were distributed b. As a result of Closed Session this evening, the contract, awarded to Top Mark, was extended for the acquisition of the Bayfront properties, and an additional $10,000 funds was approved for this purpose. Negotiations are continuing. c. Last Friday, in Eureka, CA, the State Coastal Conservancy met to approve a funding request submitted by the Port District for the South Bay Enhancement Program. $50,000 was approved, which could be matched by the Port District to do a study of San Diego Bay to identify areas of mitigation. MINUTES lO - October 27, 1987 21d. The San Diego County Division of the League of CA Cities will be meeting on November 9th to make recommendations of members to Policy Committees. e. Staff was asked to monitor closely the Local Area Formation Commission's recommendation on the Sphere of Influence for the Otay Mesa Area. 22. COUNCIL COMMENTS COUNCILMAN NADER: a. Clarified the incident that prompted his proposal for disclosing items in closed session was an item that was inadvertantly not disclosed rather than a deliberate disclosure. COUNCILWOMAN McCANDLISS: b. The Substance Abuse Task Force will be having a Community Forum on Thursday, October 29th, at 7:00 p.m. in the Council Chamber to discuss "Everything you Wanted to Know about Substance Abuse but Were Afraid to Ask". Speakers will include those from , h ct, and the Vista Hill thePolice Department the Sc ool Distri Foundation and participation of the public is welcomed. c. Request to have the Commission on Aging consulted on Item 5, referencing the renovation of Norman Park Center, to have the seniors' input on the Center. COUNCILMAN MALCOLM a. Report on "j" Street truck traffic - The truck signs are hidden from view on Broadway and "J", which signs would not be expensive. MSUC (Malcolm/McCandliss) to install two signs designating "no trucks" - one at Fifth Avenue and "J" Street and Fourth Avenue and "j" Street. ADJOURNMENT AT 9:00 p.m. to a City Council Goals Session on Wednesday, October 28th in the Council Conference Room at 4:00 p.m.; and to the regular meeting of November 3 at 4:00 p.m. JENNIE M. FULASZ, CMC City Clerk ll06C