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HomeMy WebLinkAboutcc min 1998/11/03MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CRULA VISTA Tuesday, November 3, 1998 4:10 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers: Moot (arrived during the Redevelopment Agency meeting at 4:25 p.m.), Padilla, Rindone, Salas, and Mayor Horton (arrived at 4:20 p.m.). Councilmembers: None City Manager, David D. Rowlands (arrived at 4:26 p.m.); City Attorney, John M. Kaheny; and City Clerk, Beverly A. Authelet 2. PLEDGE OF AT.LEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. AppROVAL OF MINUTES: October 6, 1998 and October 20, 1998. Because of a lack of a quorum available to vote on the minutes, they were voted on after the public hearings when all members of the Council were present. MSC (Padilla/Rindone) to approve the minutes of October 6 and October 20, 1998. Motion carried 4-0-0-1 with Rindone abstaining on the October 6 and Salas abstaining on October 20 minutes. 4. SPECIAL ORDERS OF THE DAY: A. Oath of Office: City Clerk Authelet administered the Oath of Office to Steve Castaneda, Resource Conservation Commission. CONSENT CALENDAR (Items pulled: 11) When Councilmember Moot arrived at 4:25 p.m., he stated he would be abstaining on Item No. 10, but would cast a positive vote for everything else on the Consent Calendar. BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, headings read, texts waived, passed and approved 4-0-1 with Mayor Morton absent and Moot abstaining on No. 10. 5. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on October 27, 1998, that there were no actions taken which are required under the Brown Act to be reported. Per staff's recommendation, the letter was received and filed by a vote of 4-0-1 (Horton absent) 6. ORDINANCE 2761 ESTABLISHING A 45 MPH SPEED LIMIT ON OTAY VALLEY ROAD BETWEEN SPYGLASS HILL ROAD AND THE SOUTH CITY LIMITS, AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY ENGINEER (second readinq and adoDtion] - Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, Minutes November 3, 1998 Page 2 the speed limit on Otay Valley Road between Spyglass Hill Road and the south City limits, be established at 45 mph. Per staff's recommendation, Council placed the ordinance on second reading and adopted it 4-0-1 (Horton absent). (Director of Public Works) 7. ORDINANCE 2762 ESTABLISHING A 45 MPH SPEED LIMIT ON OTAY VALLEY ROAD BETWEEN THE EAST END OF THE MEDIAN ISLAND (.5 MILES EAST OF NIRVANA AVENUE) AND SPYGLASS HILL ROAD, AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY ENGINEER (second readinq and adoption) - Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Hill Road, be established at 45 mph. Per staff's recommendation, Council placed the ordinance on second reading and adopted it 4- 0-1 (Horton absent). (Director of Public Works) 8. ORDINANCE 2763 ESTABLISHING A 50 MPH SPEED LIMIT ON OTAY VALLEY ROAD BETWEEN NIRVANA AVENUE AND THE EAST END OF THE MEDIAN ISLAND (.5 MILES EAST OF NIRVANA AVENUE) AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER ~INTAI~[ED BY THE CITY ENGINEER (second readinq and adoption) - Based on the provisions of the california Vehicle Code Section 40803, and pursuant to authority under the Municipal Code section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between Nirvana Avenue and the east end of the median island (.5 miles east of Nirvana Avenue) be established at 50 mph. Per staff's recommendation, Council placed the ordinance on second reading and adopted it 4- 0-1 (Horton absent). (Director of Public Works) 9.A. RESOLUTION 19243 ~PROVING FINAL MAPS OF TRACT NUMBER 92-02, SALT CREEK RANCH, NEIGHBORHOOD 5, UNITS 2 THROUGH 5, AND NEIGHBORHOOD 6, UNITS 6 THROUGH 10, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS - On October 6, 1992, Council approved the Tentative Subdivision Map for Tract Number 92-02, Salt Creek Ranch. On that Tentative Map, neighborhood boundaries were delineated. The Final Maps, Subdivision Improvement Agreements, and Supplemental Subdivision Improvement Agreements for Neighborhood 5, Units 2 through 5, and Neighborhood 6, Units 6 through 10, are now before Council for consideration and approval. Per staff's recommendation, the resolutions were approved 4-0-1 (Horton absent). (Director of Public Works) B. RESOLUTION 19244 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENTAGREEMENT FOR TRACT NUPMBER 92-02, SALT CREEK RANCH, NEIGHBORHOOD 5, UNITS 2 THROUGH 5, AND NEIGBBORHOOD 6, UNITS 6 THROUGH 10, AND AUTHORIZING THE MAYOR TO EXECtPEE SAID AGREERENTS 10.A. RESOLUTION 19245 APPROVING FINAL "B" MAPS FOR TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPA ONE, PHASE 1, UNITS 1 AND 4, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF GRANT OF FEE INTEREST OF LOTS FOR OPEN SPACE AN3) OTHER PUBLIC PURPOSES ON SAID MAPS WITHIN SAID SUBDIVISIONSAND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTFOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS ANDAUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS - Council will consider the approval of the Final "B" Maps for Units 1 and 4 of the McMillin Otay Ranch SPA One, Phase 1 (CVT Minutes November 3, 1998 Page 3 97-02) and two associated agreements. Per staff's recommendation, the resolutions were approved 3-0-1-1 (Horton absent and Moot abstaining). (Director Of Public Works) B. RESOLUTION 19246 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FIRST FINAL "B" MAPS FOR UNITS 1 AND 4 OF TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPA ONE, PHASE 1, AND AUTHORIZING THE RAYOR TO EXECUTE SAID AGREEMENT 11. RESOLUTION 19247 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF DELINEATOR REMOVAL PROGRAM - PHASE III AT FOURTH AVENUE AND "E" STREET AND ALONG OTAY LAKES ROAD NEAR BONITA VISTA MIDDLE SCHOOL, (TF239) TO STAR PAVING CORP., SAN DIEGO, IN THE AMOUNT OF $40,907.50 AND TRANSFERRING FUNDS THEREFOR - On September 2, 1998, sealed bids were received. The general scope of the project involves the construction of raised medians at the intersection of Fourth Avenue and "E" Street (in front of the ARCO gas station) and along Otay Lakes Road near Bonita Vista Middle School. The work to be done involves the removal and disposal of existing improvements, installation of median curbs, colored and stamped concrete slab work, street signs, pavement striping, traffic control, and other miscellaneous structures as shown on the plans. Per staff's recommendation, the resolution was approved 4-0-0-1 Rindone abstaining because the project was within 1,000 feet of his property). (Director of Public Works) Councilmember Rindone stated he would be abstaining on the item since the proposed project was within 1,000 feet of his residence. The item was pulled by Councilmember Salas. Councilmember Salas stated that one of the projects was located on Otay Lakes Road near Bonita Vista Middle School. Last year we had a traffic improvement program that widened Otay Lakes Road and East H Street which disrupted the traffic circulation. It was timed at the beginning of the school year. She wanted to know whether or not staff considered the timing of the improvements and what could be done to mitigate any kind of impediment to the traffic movement. Cliff Swanson, Deputy Director of Public Works, stated at the time staff did the previous project, they looked at including this project in it. However, it was too great for the amount of work and it wasn't strictly related. The work to be done is minor; its a pin on median in the center, and it shouldn't be disruptive to traffic in the same manner that the previous project was. Councilmember Salas asked when was the project going to begin. Mr. Swanson replied that normally there is about a thirty day period during which staff get bonds, the final documents from the contractor, have preconstruction meetings, and get things organized. Staff anticipates that under normal scheduling, construction will start in about 30 days which would put it during the Christmas break. RESOLUTION 19247 OFFERED BY COUNCILMEMBER SALAS, heading read, text waived, passed and approved 4-0-0-1 (Rindone abstaining). 12. RESOLUTION 19248 AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBER 410 TO BUILD A COMMERCIAL BUILDING OVER THE EXISTING TELEGRAPH CANYON CHANNEL AT 375 TELEGRAPH CANYON ROAD - The owners of the property located at 375 Telegraph Canyon Road (Hilltop Terrace Trust) are proposing to build a 6,300 square foot retail commercial building which partially encroaches into the City's storm drain easement for the Telegraph Canyon channel. The owners have requested the City grant an encroachment permit to allow a portion of the commercial building to be built on top of the existing box culvert. Per staff's recom~nendation, the resolution was approved 4-0-1 (Hotton absent). (Director of Public Works) , * , END OF CONSENT CALENDAR * * * Minutes November 3, 1998 Page 4 ORAL COM~gJNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. REPORT CONSIDER CERTIFYING THE FINAL OTAY RANCH AMENDED SPA ONE PLAN SECOND-TIER ENVIRONMENTAL IMPACT REPORT, FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PROGRAM AS COMPLYING WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - On August 26, 1998, the Planning Commission closed the public hearing and public review period and directed staff to prepare the Final EIR on the SPA One Plan amendments with Response to Comments, Mitigation Monitoring Program, Findings of Fact, and Statement Of Overriding Considerations. On October 21, 1998, the Planning Commission certified the Final EIR as complying with CEQA. Staff recommends this item be continued to the meetinq of November 10, 1998. (Director of Planning and Building) This is a related item, but does not require a public hearinq. Continued from the meetinq of October 27, 1998. This being the time and place as advertised, the public hearing was Opened and remained open. MSC (Salas/Padilla) to continue Item 13 to the meeting of November 10, 1998. Motion carried 4-0-1 (Horton absent) 14. PUBLIC HEARING GPA-97-04 AND PCM-97-10: CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN IN VILLAGES 1, 2, 6, 7, 13, AND 15 - The proposed amendments to the City's General Plan and Otay Ranch General Development Plan will change the Low-Medium residential designation within the Otay Landfill buffer in Village 2 as required by the Otay Landfill Agreement with the County of San Diego; expand the Low-Medium residential designation in Village 1 and 2 west of Paseo Ranchero in exchange for Open Space designations in Villages 13 and 15; and relocate a high school site from Village 7 to Village 2 in the Otay Ranch. Staff recommends the public hearinq be continued to the meetinq of November 10, 1998. (Director of Planning and Building) Continued from the meetinq of October 27, 1998. This being the time and place as advertised, the public hearing was opened and remained open. MSC (Salas/Padilla) to continue the item to the meeting of November 10, 1998. Motion carried 4-0-1 (Horton absent) 15. PUBLIC HEARING GPA-98-02 AND PCM-98-26: CONSIDERATION OF AN AMENDMENT TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN/SUBREGIONAL PLAN TO REMOVE RESIDENTIAL LAND USES IN VILLAGE 2 OF THE OTAY RANCH WITHIN 1,000 FEET OF THE OTAY LANDFILL - The City proposes to amend the General Plan and the Otay Ranch General Development Plan on Village 2 located east of the Otay Landfill. The amendment is required by the conditions of the Otay Landfill Tax Sharing Agreement with the County of san Diego. The agreement requires the City to remove residential land uses within a 1,000-foot "buffer" on the Otay Landfill's eastern property line located in Village 2 of the Otay Ranch. The agreement requires the City to amend its General Plan and other associated zoning measures by November 15, 1998. Staff recommends the public hearinq be continued to the meetinq of November 10, 1998. (Director of Planning and Building) Continued from the meetinq of October 27, 1998. This being the time and place as advertised, the public remained open. MSC (Salas/Padilla) to continue the item to the meeting Motion carried 4-0-1 (Horton absent). hearing was opened and Of November 10, 1998. Minutes November 3, 1998 Page 5 BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. (Item 11 was order). ITEMS PULLED FROM THE CONSENT CALENDAR pulled, but the minutes reflect the original published agenda Councilmember Moot arrived at 4:25 p.m.; Mayor Horton arrived at 4:20 p.m.; and City Manager, David Rowlands, arrived at 4:26 p.m. 16. OTHER BUSINESS CITY MANAGER'S REPORT(S) - none. 17. MAYOR'S REPORT(S) - none. 18. COUNCIL COMMENTS Councilmember Rindone stated that there seemed to be a number of new pot holes that have developed throughout the City. Noticeably one at city hall entrance on Fig and Davidson. He hoped that city crews would report these as they are about the City. This was a staff referral; he was not requesting a report back to the Council. This should be addressed before the winter rains come. The meeting adjourned at 4:50 p.m. ADJOURNMENT Respectful~.s~ ~. ~uthelet, CMC/AAE City Clerk