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HomeMy WebLinkAboutcc min 1996/02/27MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 27, 1996 6:03 p.m. Council Chambers Public Services Building CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Hotton Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF M1NUTES: February 20, 1996 (City Council Meeting) and February 20, 1996 (Joint Meeting of the City Council/Redevelopment Agency). MSUC (Horton/Alevy) to approve the minutes of February 20, 1996 (City Council) and February 20, 1996 (Joint Meeting of the City Council/Redevelopment Agency) as presented. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Douglas G. Fuller - Otay Valley Project Area Committee. Mr. Fuller was not present. b. Presentation by James Schmidt, Schmidt Consulting, on the impact of Wells Fargo/First Interstate Bank merger and closing of Chula Vista branches. Mr. Schmidt requested that Council urge governmental officials to have a hearing in San Diego County regarding the negative impacts of the acquisition. Councilmember Rindone requested that Mr. Schmidt's request be referred to staff ~r review with a recommendation brought back to Cnuncil. CONSENT CALENDAR (Items pulled: 6 and 11) THE BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY COUNCIL/~IEMBER RINDONE, reading ofthe text was waived, passed and approved anonymously. Councilmember Alevy abstained on Item 10. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no reportable actions taken in Closed Session on 2/20/96. It is recommended that the letter be received and filed. b. Letter frorn Sue Pankhurst requesting financial assistance ~r the AYSO Region 290, Division 4B All Star Team to attend the Sectional Tournament in Los Angeles County. It is recommended that the request be denied. c. Letter from Mr. and Mrs. Ernesto Manglicmot requesting a palm tree be removed. It is recommended that the letter be referred to staff tbr investigation. 6. ORDINANCE 2652A AMENDING SECTIONS 5.02.040 AND 5.02.050 OF CHAPTER 5.02 AND SECTION 5.07.020 OF CHAPTER 5.07 OF THE MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES AND REGULATIONS (first readiml) - This ordinance operates to correct an unintended omission from a prior version, retaining the requirement that transient merchants provide substantial additional information on the Minutes February 27, 1995 Page 2 business license application. Staff recommends Council place the ordinance on first reading. (City Attorney) Pulled from the Consent Calendar. Councilmember Alevy questioned the City's enforcement of transient merchants/nuisance peddlers. · Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, requested that Council make the issue a priority with staff. They had been beset with "gypsy merchants" traveling the City selling products without business licenses. He questioned what the enforcement mechanism was. Passing an ordinance would not solve the problem, there was an enforcement problem lbr the existing roles. He also felt there was an accountability problem for those attending craft fairs and had the requirement for business licenses waived. He felt there should be a minimal charge and an application process for those vendors. · James Biddle, 245 "E" Street, Chula Vista, CA, owner of The Securities Center, Inc., stated the nuisance peddlers were disruptive and rode. He felt the problem permeated through the business community and volunteered to work with staff regarding the problem. Councilmember Alevy stated he supported Chula Vista businesses and was also concerned for the residents purchasing the products which were of'ten inferior. He was not opposed to the ordinance, but wanted to know what could be done to alleviate the problem or lessen the impact. Councilmember Rindone stated there were two issues, i,e. 1) the ordinance to obtain additional information; and 2) the enforcement of the existing policies regarding such solicitations. He felt the Council's and Chamber's concerns should be referred to staff for investigation. The ordinance needed to be passed in order to obtain more thorough inti>rmation on business license applications. ORDINANCE 2652A PLACED ON FIRST READING BY COUNCILI~,IEMBER RINDONE, reading of the text was waived. Staff to work with the Chamber and interested businesses to develop options fnr Council review regarding transient merchants. AI~IENDi~'IENT TO MOTION: (Alevy) to include in the staff report the enforcement or lack of same of the sign ordinance and garage sale ordinance. VOTE ON ORDINANCE 2652A AND MOTION, AS AMENDED: approved unanimnusly. 7. RESOLUTION 18218 ENTERING INTO AN INDEMNIFICATION AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT - The City will be conducting Expo '96 on Saturday, 4/13/96 at Marina View Park. This community pride/cultural arts annual event was approved by Council during the budget process in 1995. Staff recommends approval of the resolution. (Director of Parks and Recreation) 8. RESOLUTION 18219 ACCEPTING DONATION OF EQUIPMENT FROM GENERAL DYNAMICS CONVAIR RECREATION ASSOCIATION - The City has received a donation of weight equipment and fitness supplies for the Otay Gymnasium from General Dynamics Convair Recreation Association. The equipment has an estimated value of $9,300. Staff recommends approval of the resolution. (Director of Parks and Recreation) 9. RESOLUTION 18220 APPROVING A JOINT USE AGREEMENT AND A JOINT CONSTRUCTION AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE JOINT USE OF AN EASEMENT IN SALT CREEK AND CONSTRUCTION OF A SEWER LINE WITHIN THE EASEMENT AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS - San Diego Gas and Electric Company (SDG&E) is in the process of constructing a new high pressure gas line known as Pipeline 2000 to serve the south portion of the County. Part of the line is to be constructed within the Salt Creek basin on Otay Ranch. The portion of their gas line along Salt Creek coincides with the proposed alignment of the City's Salt Creek Sewer. Because of potential conflicts should the gas pipeline be constructed first, it is desirable to construct a portion of the Salt Creek sewer line as part of SDG&E's pipeline construction. Staff recommends approval of the resolution. (Director of Public Works) Minutes February27, 1995 Page 3 10. RESOLUTION 18221 ORDERING CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN OPEN SPACE MAINTENANCE DISTR1CT NUMBER 20 - On 12/5/89, Council established Open Space District Number 20 in the Rancho del Rey development pursuant to the Landscaping and Lighting Act of 1972. A church and daycare, north of East "H" Street within SPA II, are proposed for development and Rancho del Rey Partnership has requested a modification to the Engineer's Report affecting the parcels. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. Councilmember Alevy declared a conflict and abstained from participation due to the ownership of property within Open Space Maintenance District 20. Councilmember Moot requested that staff outline how the budget for an open space district and how the property owner's assessment was determined. John Lippitt, Director of Public Works, stated for the majority of open space districts in the City, except for District Number 20, the cost of operating the district for the year was determined and divided by the number of parcels in the district which was the individual assessment. In Open Space District 20, there were several different zones, types of uses, and types of maintenance. Therefore, property owners were assessed for different items, but the same formula applied, i.e. the total amount was determined and it was divided by the number of benefiting units. District 20 was the most complicated district within the City. The Engineer's Report outlined all the expenses for each district. Councilmember Moot stated many people indicated to him that they never saw anyone working on the hillsides or in the canyons and that those areas were not being watered. Mr. Lippitt responded there was a significant difference in the amounts collected between districts. If there were a lot of homes and very little open space their charge would be less versus an area with a lot of open space and very few homes. The areas were maintained by contracted firms and were monitored by the Open Space staff through the Parks & Recreation Department. Councilmember Moot felt the public did not know that the open space districts included medians, roadways, parks, etc. Mr. Lippitt stated that City parks were not included in the maintenance, but they did include park areas. 11. RESOLUTION 18222 APPROVING THE FILING OF AN APPLICATION FOR CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDING - TRAFFIC SIGNAL MODIFICATION PROJECT AT FIVE INTERSECTIONS - The CMAQ was enacted as part of the Intermodal Surface Transportation Efficiency Act of 1991. Projects must be used for transportation improvements that enhance air quality. The San Diego Association of Governments (SANDAG) Board of Directors has approved CMAQ funds to be spent tbr traffic signal projects within the San Diego area. The allocation of funds to individual projects will be made by the SANDAG Board as part of the 1996/2003 Regional TIP scheduled for approval in June 1996. Improvements are being recommended at the following five intersections: Third Avenue/"J" Street; Fourth Avenue/"G" Street; Fourth Avenue/"K" Street; Hilltop Drive/East "J" Street/"J" Street; and Fifth Avenue/"H" Street. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Rindone felt the staff recommendation was excellent, but suggested that Fourth Avenue/"H" Street (noah/south direction) be also looked at. He felt that intersection was at the heart of the traffic flow problems in the City. He recommended that the intersection be either included in the application, substituted for one of the current five, or reviewed by staff independently. He had been assured by staff that it was a minimal expense and would help the reduction of CO2 and traffic congestion. John Lippitt, Director of Public Works, stated it was an innovative program that had not been widely used in San Diego County. Chula Vista probably had more intersections using protected-permissive signals than any other city in the county. Because it was a new project it was being done incrementally and staff was targeting those intersections that were busy in the early mornings and late afternoons. He recommended that staff be directed to look at the intersection of Fourth Avenue/"H" Street with the CIP program for next year. M inures February 27, 1995 Page 4 MSUC (Rindone/Alevy) to approve Resolution 18222 and direct staff to report back to Council regarding the protected-permissive signal improvement at Fourth Avenue/"H" Street (north/south direction only). * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING DRC-94-24, APPEAL OF TIlE PLANNING COMMISSION DECISION TO DENY THE INSTALLATION OF A 3 FOOT HIGH, 16 FOOT WIDE GATE ACROSS LA COSTA AVENUE DIVIDING THE EASTLAKE GREENS NEIGHBORHOODS KNOWN AS MASTERS COLLECTION AND BRISTOLWOOD, BREHM INVESTMENTS INC. - The appeal requests permission to install a 3 foot high gate across La Costa Avenue to prevent continuous vehicular circulation between the EastLake Neighborhoods known as Master Collection and Bristolwood, and reduce potential liability for Bristolwood homeowners. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 2/13/96. RESOLUTION 18206 DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY THE INSTALLATION OF A 3 FOOT HIGH GATE ACROSS LA COSTA AVENUE, A PRIVATE STREET WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY Councilmember Alevy declared a conflict and abstained due to his past employers association with Brehm Communities within the past year. Ken Lee, Deputy Director of Planning, gave a brief history of the project. The Design Review Committee, the Planning Commission, and the Planning staff all opposed the installation of the gate. The findings in support of that position were: ~)the~rigina~subdivisi~n~ay~utpr~videda~~gica~andc~ntinu~uscircu~ati~nsystemextending to the public road system; 2) installing the gate would in efli~ct create two cul-de-sacs over 2,000 ft. in length with a hammer head turn around design at each end; 3) the gate would hinder and discourage routine police patrol and could increase emergency response time; and 4) the gate created an artificial barrier between the two projects and had been opposed by outside agencies (MTDB staft). Staff was not convinced that other solutions such as speed bumps, reciprocal access, and maintenance agreements had been full explored. This being the time and place as advertised, the public hearing was declared open. · Scot Sandstrom, 2835 Camino Del Rio South, #220, San Diego, CA, representing Bristolwood Homeowners Association and employee of Brehm Communities, read into the record a letter (copy on file in the City Clerk's office) from Samuel Saltoun, President, Bristolwood at EastLake Greens Homeowners Association, which stated they were in unanimous agreement that they wanted the vehicle gate left in place to prevent thru traffic between their private road and the private road of the Master's Collection. The gate would permit only pedestrians and emergency or police vehicles to transit. They believed that opening the road would increase traffic and jeopardize the safety and security of the community. They requested that the City allow them to maintain a gate on La Costa Avenue. · Iva Butler, 2505 La Costa Avenue, Chula Vista, CA, requested that Council deny the appeal for the gate. She felt the gate would divide the street which would cause confusion for emergency vehicles, mail service, delivery service, school buses, create an eye-sore, require removal of a green belt area, reduce guest parking, and decrease property values. She felt the homeowners associations should work towards an agreement. · Craig K. Beam, Luce, Forward, Hamilton & Scripps, 600 West Broadway, Suites 2600, San Diego, CA, representing Bristolwood at EastLake Greens, introduced the Project Manager, Eric Reynolds. · Mr. Reynolds presented slides of the area. Mr. Beam stated it was a difficult issue, but after reviewing the staff reports for the DRC and Planning Commission he felt they missed the point. It was two separate projects and there was no reciprocal agreement, right of passage or travel. It was his opinion that it would be virtually impossible to negotiate such an agreement because of the structure of the Master's Collection HOA, i.e. each owner had an undivided interest which would require the consent of each owner and possibly their lenders as well. They had looked at other alternatives and felt the most Minutes February 27, 1995 Page 5 viable option was to install a gate. Bristolwood was willing to make the gate 20 ft. and higher if required. Both HOA's had the same liability issues and the area had been closed for almost two years. He requested that the Council authorize placement of a 20 ft. gate upon the Bristolwood side of the common property line, subject to receiving authorization to construct, and assumption of cost of construction of the turn around areas in both the Bristolwood and Masters project; or, if those conditions could not be met with respect to Master's Collection authorization, the City acknowledge and authorize Bristolwood's construction of speed bumps/humps, directional signing, and warning signs within their property starting at the common property boundary. Councilmember Moot questioned the distance from the nearest home or condominium to the gate. Mr. Bean responded that it was approximately 500 ft. · Darlene Dusseault, 2496 La Costa Avenue, Chula Vista, CA, presented slides of the area. She expressed her concern with the removal of the guest parking, green belt, and trees. She requested that Council deny the appeal. · Anita Lewis, 2498 La Costa Avenue, Chula Vista, CA, stated she did not purchase her home with the knowledge that she was buying into a dead end street. A cul-de-sac was only 500 ft. and if the area was gated it would be over 2,000 fi. She expressed her concern fi3r emergency services access, sat~ty. the loss of the green belt, parking problems, and decline in property values. She felt Brehm and the Master's needed to reach an agreement and she requested Council deny the appeal. Mr. Beam stated he did not believe that the residents in the Master's Collection understood the design proposed. Parking would be provided as would landscaping. Mr. Reynolds stated the existing parking stalls would be pushed noah and south, therefure, they would not lose any parking. It would encroach into the grass area and they had stated they would replace, at the discretion of the City, trees and landscaping north and south of the parking stalls. Them would still be some grass in those areas. There being no further public testimony, the public hearing was declared closed. Mayor Hotton stated that she generally supported gated/guarded communities, but the proposal before them was not designed for a gate. She requested the City Attorney address the legal dilemma for the developer. Mr. Boogaard stated he could articulate their cuncern from the liability aspect, but the problem was that without exercising Eminent Domain to condemn mutual easements for maintenance, the City lost the ability to go back and recover mutual easements for wear-and-tear which was the concern. It was his understanding that they would post the streets with either 'trespassing" or "pass with owners permission" signs and install speed bumps to discourage traffic. The HOA's would bear the uninsured risk of accidents as the City did with their streets. They would also bear the wear-and-tear costs of the streets and would only be able to collect from their members. Councilmember Moot questioned if the two HOA's could create mutual agreements. Mr. Boogaard replied that with consent of the two HOA's, depending on their by-laws, they could grant mutual easements for maintenance and wear-and-tear expenses. He questioned if there had been discussion between the two HOA's. Mr. Beam stated atier reviewing the CC&R's liar both prqjects, rights in the private street were held in the Master's Collection by 118 separate homeowners and those rights could be fights that they could not grant without their respective lenders. That was not the case with the Bristolwood Collection where the rights in the street were held to the benefit of all the association members by the HOA which was a separate legal entity. If they could not obtain consent from everyone of the Master's Collection they had no where to go. Mr. Boogaard stated he 1~11 the City could condemn mutual easements tbr maintenance and operations and grant those fights to the other HOA if the City wanted to get into that level of inw~lvement. Mayor Horton felt Council should put off making a decision and put the onus on the homeowners to resolve the issue by receiving unanimous support of the easement transfers. Minutes February 27, 1995 Page 6 Mr. Boogaard stated it could be postponed, but he did not t~el it would be possible to get unanimous consent of 118 owners and lenders. Mr. Beam stated the logical action would be for Bristolwood to take actions that were reasonable and prudent, i.e. either the installation of the gate or the installation of speed bumps, warning signs, etc. in Bristolwood. Darlene Dusseault informed Council that the residents in the Master's Collection did not object to the installation of speed bumps in Bristolwood. · Jack Dusseault. 2496 La Costa Avenue, Chula Vista, CA, Boardmember of the Master's Collection HOA, stated Mr. Beam was correct, it would take 100% of the property owners and lenders for the Master's Collection. He did not feel that would ever be possible. At the present time neither were gated communities, they both had liability and had to have insurance. Councilmember Rindone stated he understood the concerns and legal issues which he felt could be resolved. Common sense and safety concerns indicated that the fence was not needed. It was incumbent upon the Council to support the staff recommendation. The DRC and Planning Cornmission had unanimously denied their request and the project was not designed to be dead end streets or cul-de-sacs. He felt a solution should be worked out by the HOA's. RESOLUTION 18206 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Councilmember Padilia felt any issues between the HOA's regarding the disposition of the concerns regarding potential liability would be an issue the City could not arbitrate. He did not see any evidence that at buildout there would be increased traffic due to the absence of the gate as it was not a major arterial or relief street. It did not make sense from a planning or public sa~ty perspective. Theretbre, he would support the staff recommendation. Councilmember Moot stated he did not feel the gate was the solution, but he was concerned when it was stated that 118 people could not agree on something. He felt it was the type of issue that could be addressed with mediation. VOTE ON RESOLUTION 18206: approved 4-0-0-1 with Alevy abstaining. Mr. Beam requested clarification as it appeared that the options available to Bristolwood were to put in speed bumps, signage. etc. He questioned if that was a right that the HOA had. Mr. Lee responded that was correct. 13. PUBLIC HEARING PMC-96-17; CONSIDERATION OF LOCAL/REGIONAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY AND CONGESTION MANAGEMENT PROGRAM - The Regional Growth Management Strategy which was prepared by the San Diego Associations of Governments (SANDAG) in response to voter approval of Proposition "C' in 1988 includes an annual "self certification" process tbr local and regional agencies attained via completion of a Local/Regional Consistency Checklist to determine their consistency with the standards, objectives and recommended actions for nine Quality of Life factors contained therein. Chula Vista is in substantial compliance with a majority of the checklist items. Staff recommends the public hearinl! be continued to 3/12/96. (Director of Planning) MSUC (Horton/Padilla) to continue the public hearing to the meeting of 3/12/96 as recommended by staff. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. Minutes February 27, 1995 Page 7 ACTION ITEMS None submitted. 14. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 6 and 11. The minutes will reflect the published agenda order. OTHER BUSINESS CITY MANAGER'S REPORT(S) - None 15. MAYOR'S REPORT(S) a. Ratification of Appointment to the Economic Development Commission (Ex-Officio) - Mary Wylie. MSUC (ltorton/Alevy) to ratify the appointment nf Mary Wylie as Ex-Officio Member of the Economic Development Commission. 16. COUNCIL COMMENTS Councilmember Rindone a. Ratification of Appointment to the Economic Development Commission (educational position) - Tom Rodrigo. MSUC (Rindone/Alevy) tu ratify the appointment nf Thomas Rodrigo to the Economic Development Commission (representing education). b. Councilmember Rindone stated Council had referred the issue of 2 % @ 55 to staff and questioned when it would be brought back to Council. Sid Morris, Assistant City Manager, responded that staff would be returning to Council in the next several weeks. ADJOURNMENT ADJOURNMENT AT 7:30 P.M. to the Regular City Council Meeting on March 5, 1996 at 4:00 p.m. in the City Council Chambers. CLOSED SESSION Council did not meet in Closed Session. 17. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8 · Marina View Park, "J" Street and Bay Blvd., San Diego Unified Port District, Terms and Price. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid- Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers Minutes February 27, 1995 Page 8 (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - Council did not meet in Closed Session. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, ~M~M~C,~uty City Clerk