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HomeMy WebLinkAboutcc min 1997/02/18MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 18, 1997 6:04 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers John S. Moot (arrived at 6:08 p.m.) Stephen C. Padilia, Jerry R. Rindone, and Mayor Shirley A. Horton. Councilmember Mary Salas John Goss, City Manager; John M. Kaheny, City Attorney; Beverly A. Authelet, City Clerk; and Patricia Schwenke, Deputy City Clerk. MSC (Horton/Rindone) to excuse the absence of Cnuncilmember Salas, approved 3-0-2 with Moot and Salas absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: February 4, 1997 and February 11, 1997. MSC (Rindone/Moot) to approve the minutes of February 4, 1997, and February 11, 1997, approved 3-0-1-1 with Salas absent and Padilia abstaining. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation declaring Saturday, February 22, 1997, as "Kent Froede Memorial Classic Day." The proclamation was presented by Mayor Horton to AI and Mary Ann Froede, Dale and Joy Pruitt, and Mark Smolanovich. Mayor Hotton stated the proceeds from the annual Kent Froede Memorial Classic Tournament help support the American Cancer Society programs of patient services, cancer detection and prevention, education and research including Camp Reach for the Sky. The 11th Annual Classic will take place on Saturday, February 22, 1997, beginning with a golf tournament at the Chula Vista Municipal Golf Course. ***Councilmember Moot arrived at 6:08 p.m.*** CONSENT CALENDAR (Item pulled: 5c) THE BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, titles read, passed, and approved 4-0-1 with Salas absent. 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 2/11/97, that there were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. Minutes February 18, 1997 Page 2 b. Letter from Yvonne Lopez, Keystone Adviser, Boys & Girls Club of Chula Vista, requesting financial assistance to attend the National Keystone Conference in Denver, Colorado, in March 1997. It is recommended that this request be denied. c. Petition from residents around Park View Elementary School regarding unsafe conditions caused by traffic congestion created exclusively by the school and its operation. It is recommended that this issue be referred to staff to work with the neighborhood residents, the Safety Commission, Planning Commission and School District. Continued from the meeting of 2/11/97. Pulled by Padilla and Moot. Councilmember Padilla stated this item is slated for a referral to staff to work with the Safety Comnussion, Planning Conumssion, and School District regarding the traffic problems in and around the school at Parkview Elementary. He has been working on this issue with the school principal, PTA, and staff to resolve this problem. He was concerned this referral may involve multiple jurisdictions. He requested staff return with a report to Council within 60 days on solutions to problems which involve the City, residents, and the School District, and to include potential options involving the property to the east which is slated for Sunbow development. Councilmember Moot questioned why the school was put in this particular location, because the only access to the school is a side street that comes off Oleander. He stated the street cannot accommodate the traffic going to this elementary school with its current configuration. From his observation, the School District has insufficient parking for vehicles, and there is no place for parents to park or drop off their children. People basically use the City block as a turnabout or they double park in ticont of homes, and residents are unable to exit their driveways to go to work in the morning. He stated due to the topography of the area, another road to the school cannot be built, and the School District should get serious about the problem to find a solution. He stated the long-term solution may be when Sunbow is replanned to provide another access to the school. Councilmember Padilla stated with those comments incorporated, he moved to accept staffr's recommendation including the amendments and to return to Council within 60 days. (No vote was taken.) 6. RESOLUTION 18579 APPROVING THE DISBURSEMENT OF $2,500 FROM THE SPAY/NEUTER TRUST ACCOUNT TO THE COALITION FOR PET POPULATION CONTROL - The Coalition for Pet Population Control is requesting a donation of $2,500 to be used in the "February National Spay Day USA" month. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 7. RESOLUTION 18580 ACCEPTING DONATION IN THE AMOUNT OF $125 TO THE ANIMAL SHELTER - The donation is being made by the Sharon and Duane Sceper family in appreciation of the "encouragement, support, love, and caring" service from the Animal Shelter staff. Staff recommends approval of the resolution. (Chief of Police) * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS · Carlos Fernandez, 2547 Faivre Street, Chula Vista, CA, submitted a copy of the written complaint regarding CMI Trucking Company, which he informed Council the previous week during Oral Communications. He also requested the City deny renewal of SUPS-96-06. · Barbara Glenski, 1003 Woodlawn Avenue, Chula Vista, CA, commented on the large number of garage sale signs posted in her neighborhood and suggested enforcement be done to resolve the problem. Minutes February 18, 1997 Page 3 Mayor Horton stated this has been a problem in the past, and she would refer the matter to Code Enforcement. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 8. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENTS WITH VILLAGE DEVELOPMENT AND BALDWIN BUILDERS - On 6/25/96, the Planning Commission met jointly with Council to consider and approve pre-annexation development agreements with the major property owners of Otay Ranch. When the development agreements were originally approved, it was anticipated that the Otay Ranch annexation would be finalized by the end of 1996. The development agreements contained 12/31/96 expiration dates if the annexation was not complete by that time. While the reorganization was ordered by Council on 12/17/96, a Local Agency Formation Commission annexation condition was not met, the annexation was not completed, and the agreements have expired. Staff reconm~ends Council place the ordinances on first reading. (Deputy City Manager Krempl and Special Planning Projects Manager, Otay Ranch) Continued from the meeting of 2/4/97. A. ORDINANCE 2695 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH OTAY RANCH, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AND VILLAGE DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP (first reading) B. ORDINANCE 2696 ADOPTING THE AMENDED AND RESTATED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS (tint reading} George Krempl, Deputy City Manager, stated the two agreements for Village Development and Baldwin Builders and are recommended by the Planning Commission. Council continued this item from 2/4/97 to see if progress would be made regarding to the other development agreements. There has been considerable progress and public hearings were noticed. The development agreements will be considered by the Planning Commission on 2/19/97 and will retum to Council on 2/25/97; hopefully, we will achieve annexation approvals at that time. Staff recommends opening the public hearing and taking testimony but defer any action on this item until 2/25/97. He noted that at one time Baldwin was in arrears of approximately $115,000 for staff costs, but it has been fully paid and they are current to date. The Board of Supervisors met this afternoon to consider accepting the nuisance easement provided by Village Development, the subordination agreement provided by Village Development, and the nuisance easement provided by SNMB Ltd.; however, that meeting has been continued to 3/4/97 which coincides with a second reading of the development agreements if Council takes action on 2/25/97. Mayor Horton asked if the subordination agreements for the nuisance easements were signed by SNMB and Village Development. Mr. Krempl stated no, there are two sets of easements and two subordination requirements. The set of easements and subordination from Village Development has been provided to the County. The subordination agreement, in conjunction with the SNMB nuisance easement, has not been provided and would be an obligation of United Enterprises. Staff proposes to require the delivery of the subordination agreement prior to second reading of the ordinance and no later than 3/4/97 and that is a proviso in the draft development agreement for United Enterprises. The other remaining development agreements are proposed to be linked to the subordination. This being the time and place as advertised, the public hearing was declared open. · Kim Kilkenny, 11975 El Camino Real, San Diego, CA, representing Village Development, stated they support the revised staff recommendation and clarified that Village Development was the party that was in arrears but is now current. Village Development was previously concerned about continuing their development agreement for fear that progress would not be made on the development agreement by the Otay Ranch parties. They agree with Minutes February 18, 1997 Page 4 the current schedule with United Enterprise, Jewels of Charity, SNMB, and the Foundation. He stated the ultimate goal is to have the property annexed to the City of Chula Vista. Councilmember Rindone indicated he had the same concem as before regarding the large size of the map and the procedure instituted to address that. Mr. Kilkenny understood the concern but t~lt the City is better served having a large map because there is greater certainty how the first SPA is developed. He realized it created certain problems in terms of the language in the development agreement, but City staff worked through those problems to ensure the City receives all the services and facilities in a timely manner. MSC (Padillaatorton) to continue the public hearing to 2/25/97, approved 4-0-1 with Salas absent. 9. PUBLIC HEARING PCM-97-01: AMENDMENTS TO RANCHO DEL REY SPA III SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED DOCUMENTS TO ALLOW A 52 DWELLING UNIT DENSITY TRANSFER FROM PARCEL R-7C TO PARCEL R-6 AND CHANGE THE DENSITY RANGE AND PERMITTED NUMBER OF DWELLING UNITS OF BOTH PARCELS ACCORDINGLY PCS-97-01: TENTATIVE SUBDIVISION MAP KNOWN AS RANCHO DEL REY SPA III TRACT 97-01 FOR 25.8 ACRES LOCATED ON THE SOUTH SIDE OF EAST "J" STREET BETWEEN PASEO RANCHERO AND VAQUERO COURT WITHIN THE RANCHO DEL REY SPA III PLANNED COMMUNITY DRC-97-01: APPEAL OF THE DESIGN REVIEW COMMITTEE'S DECISION TO DENY THE SITE PLAN AND ARCHITECTURE OF A 246 DWELLING UNIT CONDOMINIUM COMPLEX AT THE TENTATIVE SUBDIVISION MAP SITE - Consideration of applications filed by Rancho del Rey Investors, L.P. liar 28.8 acres located on the south side of East "J" Street between Paseo Ranchero and Vaquero Court within the Rancho del Rey SPA llI Planned Community. An appeal of the Design Review Committee's decision to deny the site plan and architectural proposal of a 246 unit condominium complex to be located on the Tentative Subdivision Map site has also been filed. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of Planning) Continued from the meeting of 2/4/97. A. ORDINANCE 2698 APPROVING AMENDMENTS TO THE RANCHO DEL REY SPA III PLANNED COMMUNITY DISTRICT REGULATIONS (first reading) B. RESOLUTION 18570 AMENDING THE RANCHO DEL REY SPA III SECTIONAL PLANNING AREA (SPA) PLAN GENERAL DEVELOPMENT PLAN, WATER CONSERVATION PLAN AND AIR QUALITY IMPROVEMENT PLAN TO ALLOW A 52 UNIT DENSITY TRANSFER FROM PARCEL R-7C TO PARCEL R-6 (PCS-97-01); AND APPROVING AND IMPOSING CONDITIONS ON TENTATIVE SUBDIVISION MAP TRACT 97-01 (PCS-97-01), APPROVING AN APPEAL OF THE DESIGN REVIEW COMMITTEE'S DECISION TO DENY THE SITE PLAN, ARCHITECTURE FOR A 246-UNIT DEVELOPMENT ON 15.2 ACRES OF THE SUBJECT SITE (DRC-97-01), AND ADOPTING ADDENDUM TO FEIR-89-10 Councilmember Moot abstained from voting due to a conflict of interest because his company represents the McMillin Company. Bob Leiter, Director Planning, stated on 2/4/97 Council endorsed the project proposed by the applicant with the reduction of six units (two buildings) and addressed some site plan issues: (1) internal pedestrian circulation and (2) access points to westerly public park. Staff returned with revised conditions and plan exhibits which address these concems. Staff recommends approval of the revised Ordinance and Resolution. This being the time and place, the public hearing was declared open. Minutes Febmary 18, 1997 Page 5 · Craig Fukuyama, 2727 Hoover Avenue, National City, CA, representing the Rancho del Rey Limited Partnership, stated over the past two weeks they: (1) prepared a revised plan implementing a more comprehensive pedestrian system by adding sidewalks and pedestrians walkways, (2) removed and showed the result of removing two buildings (six units) from the plan, and (3) worked with staff to develop a resolution for approval with the associated conditions of approval. All of the things which were requested of the Rancho del Rey Limited Partners have been accomplished, and they support staffs recommendation. There being no further speakers, the public heating was declared closed. Councilmember Padilia raised the issue of access from the site to the adjoining park with regard to public safety and nuisance concerns. He requested more staff comments regarding those issues. Mr. Leiter replied the Parks and Recreation Director was not present to address those issues, but there was a memorandum from him in the Council packet which addressed those concerns. Councilmember Padilla referred to the memorandum and stated there is a need to get a better handle on the nature of past problems in similarly situated areas. He understood limited access gives police officers better options in apprehending someone, but from a policy point of view it is better to implement design plans in the future for more access from different development areas to the park areas and better use of ingress and egress for those individuals who buy into a particular project. He stated if we are experiencing a series of problems in an area, the focus should be on the problem and directing prevention and enforcement in those areas, because the criminal problem is a separate issue. He preferred to have as much access to the park as possible for the citizens. Councilmember Rindone concurred and stated another significant factor is there are three elevations in this particular project, and if you buy a residence in the second or third elevation from East "J" Street, you have to go a long way around to access the park. He asked if there could be some amendment to either the ordinance or resolution that would allow us flexibility of more than one access possibly in the building permit stage or at the fmal map stage. Ann Moore, Assistant City Attorney, advised her office could add a provision that prior to the issuance of the first building permit, the developer shall provide the City with a plan for the City's approval showing additional public access to the park and for the plan to return to Council for approval. Councilmember padilla stated he could support the amendment to give Council flexibility and to re-examine this issue at a later date. ORDINANCE 2698 AND RESOLUTION 18570, AS AMENDED THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT THE DEVELOPER SHALL PROVIDE THE CITY WITH A PLAN FOR THE CITY'S APPROVAL SHOWING ADDITIONAL PUBLIC ACCESS TO THE PARK AND FOR THE PLAN TO RETURN TO COUNCIL FOR APPROVAL, OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, title, read, passed, and approved 3-0-1-1 with Salas absent and Moot abstaining. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR (Item 5c. The minutes will reflect the published agenda order.) Minutes February 18, 1997 Page 6 OTHER BUSINESS 10. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. John Goss, City Manager, reported the Mayor will deliver her annual State of the City address on 2/20/97 at the Ruth Chapman Performing Arts Center at Eastlake High School at 5:30 p.m. b. Department Head presentation: Library; Management & Information Services; and Nature Center. Library David Palmer, Library Director, gave a presentation regarding the Library's goals and objectives. Mayor Horton asked if the circulation decrease was primarily due to computers and the Internet. Mr. Palmer replied he didn't believe so. When looking at the library branches, Eastlake dropped 10 percent because it is closed on Sundays; Civic Center Main dropped 22 percent because South Chula Vista opened. They have not fully reached the expected circulation at South Chula Vista but the number is increasing. The Internet does not seem to affect the library in terms of circulation of books. Councilmember Moot stated when numbers are brought back to Council regarding the budget, he would like to see the fill rate fbr the Civic Center branch increase. He requested staff provide intbrmation regarding what it would cost to bring the number up to or close to the national average. Councilmember Rindone stated he would like to have the facilities open for an adequate number of hours and requested looking at the budget considerations to return to the 1995/1996 standard. Manaeement and Information Services · Louie Vignapiano, Director of Management and Information Services, gave a staff presentation regarding the department's goals and objectives. Mayor Horton stated during the goals setting session, one of the items she brought up and was concerned about was meeting the needs of the City as far as getting the computers into the different departments to make sure we have the technology available as we enter into the 21st century. She suggested an inventory be conducted to assess what the City's needs are. Councilmember Moot suggested a department by department audit be done of all computer services so Council can do some long-range planning. He wanted to see how the City can move more towards systems which will allow people to do business with us without physically traveling down and meeting in person with staff, and if it can be conducted through E-mail or some other way. Mr. Vignapiano responded he is exploring several things to: (1) determine what the cost would be and (2) how to implement it City-wide or at least for every department to have Internet E-mail access through the City-wide network's E-mail system. Councilmember Padilia concurred regarding the needs assessment for the departments. He asked about the CAD RMS application in the Police Department and its associated applications. He wondered what the timetables were for completing an agreement and asked if we were confident about those timetables and its fiscal impact. Mr. Vignapiano explained that he is currently negotiating with a company that is in the process of taking their system from one operation to another. The contract negotiations will begin in about a week or two Councilmember Rindone asked what we can do to enhance the SmartCommunities project and requested information regarding that in order to better analyze this at budget time. Minutes February 18, 1997 Page 7 Chula Vista Nature Center Dr. Stephen Neudecker, Executive Director, gave a staff presentation on the goals and objectives of the Chula Vista Nature Center. He stated one of the goals is for more emphasis to be made on advertising, and he compared the Nature Center's $8,000 advertising budget to the San Diego Zoo which spends $8 million on advertising. He stated the Nature Center's brochures are distributed to over 400 sites around the County such as hotels, visitor information centers, and the airport. There has been discussion regarding a multi-ticketing system and multi-memberships to provide the San Diego region with a smorgasbord of opportunities where a person can join the Natural History Museum, the Birch Aquarium, or the Nature Center. There is also discussion occurring with the Zoological Society about similar programs. 11. MAYOR'S REPORT(S): a. Appoint alternate representative to the Otay Valley Regional Park Policy Committee. Mayor Horton requested an alternate be appointed to attend the Otay Valley Regional Park Policy Committee meeting on 2/21/97 since she had a conflict and needed to attend another meeting on this date. Councilmember Padilla offered to serve as the alternate and attend the meeting. He requested that staff brief him on the issues prior to the meeting. 12. COUNCIL COMMENTS: Councilmember Rindone asked if a Councilmember could attend a County Board of Supervisors meeting on 2/19/97 at 10:30 a.m. regarding metallic power. Councilmember Moot indicated he could possibly attend the meeting and requested to be briefed by staff the next morning prior to the meeting. Councilmember Rindone also indicated he previously requested information regarding the cause for delay in filling the vacancy for the appointment to the Ethics Commission, and he had not heard back. The meeting adjourned at 8:20 p.m. ADJOURNMENT Respectfully submitted, BEVERLY A. AUTHELET, AAE/CMC, City Clerk by: Patricia Schwenke, Deputy City Clerk