Loading...
HomeMy WebLinkAboutcc min 1990/01/23 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, January 23, 1990 Council Charnbors 6:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox ALSO PRESENT: City Manager, John D. Goss; Deputy City Attorney, Richard D. Rudolf; and City Clerk, Beverly A. Authelet 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: January 9, 1990 MSUC (Moore/Cox) to approve the minutes of January 9, 1990 as presented. 4. SPECIAL ORDERS OF THE DAY: 4a. Presentation by Ptmta Banda, Baja California, Bomberos Voluntarios to the City of Chlda Vista City Coun(d - appreciation plaque for donaf:on of fire truck. Mr. Francisco Gonzales, Chief of the Punta Banda Fire D~partment, presented a plaque in appreciation to the Council. 4b. Mayor Cox pn-sented a Proclamation to Lorenzo Provencio from Division #11 of the Kiwanis Club proclaiming January 21-27 as Kiwanis Week in the City of Chula Vista. CONSENT CALENDAR (Items pulled: 6, 10, 19, 21) Councilman Malcolm no~d Items 8, I1, and 13 were all drainage issues due to development in the eastern area. The City was now having to re-do the drainage system due to growth and the developers were not paying. He stated several cities were instituting a drainage impact fee and he felt the City should pursue this option. City Manager Goss stated staff would be bringing a proposed Drainage District for the Telegraph Canyon area for Council to review. Councilman Malcolm stated he did not want a district but a fee. Mayor Cox questioned the agreement on Item 13 regarding the difference in the dates of 6/15/90 for plans and specs and 6/30/91 for locking into the penalty phase. Deputy City Attorney Rudolf stated the agreement allowed sixteen weeks from the signing of the contract and felt this language was sufficient. Mayor Cox noted Items 11 and 14 would require a 4/5's vote. MINUTI~S January 23, 1990 Page 2 COUNCILMAN NADER OFFERED THE BALANCE OF THE CONSENT CALENDAR, the reading of the · mtt was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter from Sun Diego Audubon Society on the issue of releasing large numbers of hdium balloons at special events - Judith Berg, President, San Diego Audubon Society, 2270 Fifth Avenue, San Diego, California 92101, Recommended that City support such a policy end, further, recommend that the Audubon Society's concerns be brought to the attention of the Chamber of Commerce and the School Districts for their consideration. 6.A. ORDINANCE 2347 AMENDING SECTIONS 5.20.030, 5.20.035, 5.20.160, AND 5.20.190 OF THE MUNICIPAL CODE RELATING TO THE REGULATION OF CARDROOMS - Staff recommends this be placed on second reading and adopted - (second reading) - (Director of Public Safety) Pulled from Consent B. ORDINANCE 2355 AMENDINGSECTIONS5.20.050,5.20.110ANDS.20.120OFTHE MUNICIPAL CODE RELATING TO THE REGULATION OF CARDROOMS -Staff recommends this ordinance not be adopted - (first reading) - (Director of Public Safety) Pulled from Consent Calendar 7. RESOLUTION 15456 AUTHORIZING PARTICIPATION IN JOINT COUNTY AND CITY OF SAN DIEGO PERIODIC COOPERATIVE AUCTION - The County is requiring each public agency to file a resolution with the County authorizing the participation in the periodic sales and agreeing to be bound by the requirements of County of San Diego Administrative Code. Staff recommends authorizing participation - (Director of Finance) 8. RESOLUTION 15449 APPROVING THE TELEGRAPH CANYON ROAD SEWER MONITORING AND GRAVITY BASIN USAGE AGREEMENT WITH EASTLAKE DEVELOPMENT COMPANY - Agreement will provide opportunity to make connections to the sewer while assuring that properties within the gravity basin will have the ability to use the sewer capacity. Staff recommends approval of the agreement -(Director of Public Works) (continued from meet'rag of 01/16/90) 9. RESOLUTION 15464 APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SA1D AGREEMENT FOR CHULA VISTA TRACT 85-5, LAS BRISAS DEL MAR -On February 11, 1986 Council approved Tentative Subdivision Map for Chula Vista Tract 85-5, Las Brisas Del Mar Subdivision. Final Map and associated items are now up for approval, Staff recommends adoption of resolution - (Director of Public Works) 10. RESOLUTION 15465 APPROVING THE CONSTRUCTION OF RAISED MEDIANS ON BROADWAY IN THE CITY OF CHULA VISTA - The RTIP plan includes reprogt~mming of the Broadway reconstruction projects which were necessary because the original seope.-of-work was found inadequate and have to be revised resulting in substantial cost increases. Staff recommends approval of resolution - (Director of Public Works) Pulled from Consent Calendar \ MINUTES January 23, 1990 Page 3 11. RESOLUTION 15466 APPROPRIATING FUNDS, TRANSFERRING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR "STORM DRAIN IMPROVEMENTS AT TOBIAS DRIVE AND OXFORD STREET IN THE CITY OF CHULA VISTA, CALIFORNIA" - The project involves removal and disposal of existing improvements, installation of reinforced concrete pipe, the construction of curb inlets and the construction ofdrainage swales and other miscellancons work. Staff recommends approval of resolution-(Director of Public Works) 12. RESOLUTION 15467 APPROVING AGREEMENT BETWEEN FREDERIC R. HARRIS, INC. AND THE CITY OF CHULA VISTA FOR CONSULTING SERVICES FOR THE FUEL EFPlCIENT TRAFI~IC SIGNAL MANAGEMENT (FETSIM) PROGRAM - The City was awarded a Fuel Efficient Traffic Signal Management Program (FETSIM) grant to re-time 91 signalized interv, eetions. Consultant expertise and assistance is necessary to develop required optimized traffic signal timing plans for this program and the consulting firm selected was Frederic R. Harris, Inc. Staff recommends approval of agreement - (Director of Public Works) 13. RESOLUTION 15468 APPROVING AN AGREEMENT WITII FRASER ENGINEERING, INC. FOR DESIGN ENGINEERING SERVICES REQUIRED FOR STREET AND DRAINAGE IMPROVEMENTS ALONG THE NORTH SIDE OF MAIN STREET PROM I-5 TO INDUSTRIAL BOULEVARD - The engineering firm of Fraser Engineering was selected to design street improvements along north side of Main Street from I-5 to Industrial Boulevard. Staff recommends approval of agreement - (Director of Public Works) 14. RESOLUTION 15469 APPROPRIATING FUNDS FOR STAFF TIME PROM DEVELOPMENT IMPACT FEE FOR FISCAL YEAR 1989-90 - Funds need to be appropriated In the Development Impact Fee fund to reimburse the general fund for the cost of providing services. Staff recommends approval of resolution - (Director of Public Works) 15. RESOLUTION 15470 ACCEPTING BIDS AND AWARDING CONTRACT FOR "PLACEMENT OF ASPHALT CONCRETE OVERLAY (1989-90 PROGRAM) ON VARIOUS STREETS IN THE CITY OF CHULA VISTA, CALIFORNIA - Sealed bids were received for placement of asphalt concrete overlay on vations streets in the City. Funds were budgeted in FY 1989-90. Staff recommends approval of resolution - (Director of Public Works) 16. RESOLUTION 15471 AMENDING CONTRACT WITH VTN SOUTI-BVEST, INC. IN CONNECTION WHIt THE IMPROVEMENT AND WIDENING OF TELEGRAPH CANYON ROAD/OTAY LAKES ROAD PHASE HI (SECTION BETWEEN APACHE DRIVE AND RUTGERS AVENUE) - Council approved agreement in March of 1989 with VTN for improvements of Telegraph Canyon Road/Otay Lakes Road. The report is to make Council aware of status of design phase of this project along with resolving some items approved in original agreement with VTN Southwest, Inc. Staff recommends approval of resolution with the three conditions shown on Agenda Statement - (Director of Public Works) 17.A. RESOLUTION 15472 NAMING AND DEDICATING ONE FOOT CONIROL LOT "B" OF MAP 5506 TO PUBLIC USE - A grant deed for a one foot control lot 'B" from Princess Park Estates, Inc. was accepted by City in 1964 to allow the City control access to development of adjacent properties. This area is now subdivided and restricted access is not necessary; therefore, it is appropriate to dedicate control lot "B ' to public use and name it a portion of Marl Avenue. Staff recommends approval of resolution - (Director of Public Works) MINUI'~.S January 23, 1990 Page 4 -, ) B. RESOLUTION 15473 ACCEPTING GRANT OF EASEMENT FOR DRAINAGE ~SES AT THE TERMINUS OF MARL AVENUE - Public Works and Planning approved Tentative Parcel Map 89-10 end conditionwasplacedrequiringownertograntdrainageea~ment. Documents granting drainage easement have been executed end notarized. Staff recommends approval of resolutions -(Director of Public Works) 18. RESOLUTION 15474 ACCEPTING 2.5 FOOT STREET DEDICATION AT 564 AND 574 ARIZONA STREET FOR STREET PURPOSES - Mr. Rahim Saheghovad applied for building permit to construct apartments at 564 and 574 Arizona Strut. He was required to dedicate a right-of-way and install street improvements along southerly side of Arizona Street. Improvements were installed and Staff recommends approval of tesolutinn - (Director of Public Works) 19.A. RESOLUTION 15475 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 88-3, EAb]'LAKE GREENS, PHASE 1 A - Staff recommends approval of resolution - (Director of Public Works) Pulled from Consent Calendar B. RESOLUTION 15476 APPROVING FINAL MAP AND SUBDM SION IMPROVEMENT AGREEMENT CHULA VISTA TRACT 88-3, EASTLAKE GREENS, PHASE 1 B/C - Staff recommends approval of resolution - (Director of Public Works) Pulled from Consent Calendar C. RESOLUTION 15477 ACCEPTING GRANT OF EASEMENT FOR SIDEWALK PURPOSES - Staff recommends approval of resolution - (Director of Public Works) Pulled from Consent Calendar D. RESOLUTION 15478 ACCEPTING GRANT OF EASEMENT FOR DRAINAGE PURPOSES - Staff recommellds approval of resolution - (Director of Public Works) Pulled from Consent Calendar E. RESOLUTION 15479 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT - Staff recommends approval of agreement - (Director of Public Works) Pulled from Consent Calendar F. RESOLUTION 15480 APPROVING AGREEMENT REGARDING A COMMUNITY TRAIL PEDESTRIAN FACILITY BETWEEN EASTLAKE I AND EASTLAKE H - Staff recommends approval of agreement - (Director of Public Works) Pulled from Consent Calendar 20. RESOLUTION 15481 AUTHORIZING RENEWAL OF THE LEASE OF COMMERCIAL OF~ICE SPACE FOR THE CHULA VISTA LITERACY TEAM OI~ICE - On December 20, 1988 Council approved authorizing commercial lease with laime and Olivia Ramirez, Lessors, and Been Realty, Agent, for office space at 210 landis Avenue. ~ commenced Febnutty 1, 1989 and expires January 31, 1990. The Library desires to enter into a new lease for an additional 24 months directly with Jaime end Olivia Ramirez at the same terms end conditions as provided in original lease. Staff recommends approval of lease - (Library Director) 21. REPORT ON REQUEST FOR INDUSTRIAL BOULEVARD RIGHT OF WAY VACATION -Baker Enterprises applied to vacate the rell~ining 450-foot portion of Industrial Boulevard north of 'L" Street, presently used by CalTrans Park and Ride Lot. Agreement expires Jenuary 1, 1990. CalTrans expressed interest in renewing agreement. Vacating the lend would jeopardize City's position on how it is to be used. Staff reconunends that Council accept this report and file matter until determination can be made to renew agreement with CalTrans - (Director of Public Works) Pulled front Consent Calendar * * END OF CONSENT CALENDAR * * MINDTF_.S January 23, 1990 Page 5 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 22. PUBLIC HEAR1NG ASSESSMENT DlSTRICT NO. 88-2 (OTAY LAKES ROAD) - City Council declared intention to order the acquisition and fmancing of Otey Lakes Road improvements constructed by Rancho del Rey. Public heating was set to hear public testimony than based upon testimony adopt the resolution and authoriz~ bids on bends. Staff recouullends approval of resolutions and authorizes Mayor to execute utility agreement - (Director of Public Works) A. RESOLUTION 15482 APPROV1NG CERTAIN CHANGES AND MODB~ICATIONS TO Tile ENGINEER'S REPORT IN ASSESSMENT DISTRICT 88-2 (OTAY LAKES ROAD) - (Dir~tor of Public Works) B. RESOLUTION 15483 ACCEPTING THE WORKS OF IMPROVEMENT AND APPROVING "AS- BUILT" CERTIFICATE FOR ASSESSMENT DISTRICT 88-2 (OTAY LAKES ROAD) - (Director of Public Works) C. RESOLUTION 15484 CON/aRMING THE ASSESSMENT, ORDERING THE ACQUISITION MADE, TOG]~THER WITII APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 88-2 (OTAY LAKES ROAD) - (Director of Public Works) D. RESOLUTION 15485 AUTHORIZING CERTAIN ASSESSMENT DISTRICT BONDS TO BE SOLD AT A PUBLIC SALE AND DIRECTING A CALL FOR SEALED BIDS FOR ASSESSMENT DISTRICT 88-2 (OTAY LAKES ROAD} - (Director of Public Works) This being the ring and place as advertised, the public h~aring was declared open. John Lippitt, Director of Public Works, gave a brief history of the project. He stateAl the improvements proposed to be acquired under the assessment district proceeu:lings included two additional lanes of pavemant with essociat~d curb and gutter, sidewalk, street lights, traffic signals, storm drains, landscaping and other app~t improvemants as required. Staff recommended the adoption of resohitions and authoriz~ the Mayor to execute said utility agreements. Kan Baumgartner, 2727 Hoover Avanue, National City, repre. s~nting Rancho del Rey Partnership, stet~d they wor~ the property owners being assessed and they were in favor of the staff recommendations. They r~quested approval and were pleatseal to announce that the road was open for public use prior to occupancy. There being no further public testimony, the public hearing was declared closed. Councilman Moore questioned if only new property owners would be in the assessment district. Mr. Lippitt stated there were no residaneas in the area as of this date. RESOLUTIONS 15482, 15483, 15484 AND 15485 WERE OF/a~RED BY COUNCILMAN NADER, reading of the texts was waived, passed and approved 4-0-1 with Councilman Malcolm absent. OTHER BUSINESS 23. ORAL COMMUNICATIONS - None MINUTES January 23, 1990 Page 6 24. rrEMS PULLED FROM THE CONSENT CALENDAR MayorCoxnotedthepublichearingcouldnotbeginuntilthepostedtimeof6:30p.m. Council would hear items pulled from the Consent Calendar until that time. Itffa 6A. ORDINANCE 2347 AMENDING SECTIONS 5.20.030, 5.20.035, 5.20.160, AND 5.20.190 OF THE MUNICIPAL CODE RELATING TO THE REGULATION OF CARDROOMS Mayor Cox stated these items had been addressed during the regular Council Meeting held on 1/16/90. Mayor Cox suggested that three persons be allowed to speak in favor and in opposition to this item. He noted that Council had heard many of those requesting to speak last week. Councilman Moore stated Council did not have to allow anyone to speak as this was not a public hearing item. It should be left to the discrelion of the chair. Councilwoman McCandhss stated she would not deny anyone who felt they had the right to speak as this was a public meefmg. Councilman Malcolm noted he would have to leave the meeting for approximately forty minutes. He thought those that did not speak at the Council meeting last week should be allowed to do so. Roger Hedgecock, 3042 State Street, San Diego, representing Al Zennedjian, spoke in favor of proposed changes. Stated he wanted to address specific issues and that was the original 25 % reduction in tables for consolidalion. The staff report lists two options and he felt the report did not reflect the desire of the Council at the last meeting. Although they protested, they will support whatever decision Council makes. He also noted the limes listed in the staff report do not all reflect 2:00 a.m. Harvey Sousu, 3810 Valley Vista Road, Chula Vista, representing Village Club, spoke in favor of proposed changes. He felt the Council should approve the changes discussed last week. He felt those changes would be effective for the cardrooms in Chula Vista. Councilwoman McCandliss asked Mr. Sousa what he envisioned if consolidation was allowed. Mr. Souse stated he and Mr. Berger were adamant and were not going to sell unless a ludicrous offer was made. He envisioned three cardrooms in the future. Mayor Cox requested those in the audience in favor of the recommeBded challges to stand. Victor A. Nolan, 12 Via Barberinl, Chula Vista, spoke in opposition to the proposed changes. He stated the cerdroooms in Chula Vista wore now successful but if consolidation was allowed they would not be. He stated residents of the City are not even aware the cardrooms exist and this spoke well of the orderly and legal way they were operated. He expressed his concerns over the illegal activities that would be drawn to the cardrooms if consolidafton were allowed. He did not feel the citizens had been treated fairly regarding this item as the Council did not hold public hearings. Don $chock, 853 Blackwood Road, Chula Vista, spoke in opposition to the proposed changes. He felt that if consolidation was allowed, the owners of the cardrooms would be able to offer ludicrous amounts to other owners for buyouts. He did not feel a good report had been submitted to the Council and that newspaper coverage had been inadequate. He requested the Council retract all changes and leave the ordinance as it currently is. MINUTES January 23, 1990 Page 7 Mayor Cox requested those in the audience in opposition of the recommended changes to stand. Renee Bowen, 947 Helix Avenue, Chula Vista spoke in opposition to the proposed changes. She noted the existing cardrooms are ~nning smoothly now and that staff had recommended against the changes. She did not feel the proposed changes were a wise choice for the City. C~uncilma~Naderfalttheaudi~ncesh~uldbegivenc~ari~cati~n~nthesta~rec~mmendati~ns. He stated staffhad recommended against the changes in hours and addition of games. Councilman Moore stated he could not support any form of consolidation. He did support the changes in the collection of players fees, hours, and the addition of Hold-em Poker. He felt any changes should be to the benefit of the City and he did not see a benefit in consofidation. ORDINANCE 2347 OI~ERED BY COUNCILMAN MALCOLM FOR SECOND READING, reading of text was waived. Mayor Cox noted that in trying to make the motion for consolidation and reduction of tables workable, staff had to change the 25% reduction. It was his intent that the most tables allowed under consolidation of all four licenses would be twenty. City Manager Goss stated that if the 25 % had been applied it would result with 17.2 tables under consolidation of four licenses. Mayor Cox stated the second alternative listed by the staff met the intent of his motion last week. Councilwoman McCandliss stated she did not have a problem with the current cardrooms in the City. It was important to keep in mind that they were unlike any other business in the City as the Council was required to vote on and approve any new cardroom coming illto the City and they were also regulated one license per 40,000 population. By allowing consolidation, these regulations slip away and would allow the cardrooms to move towards a casino. She felt this would be a drastic change in the direction of cardrooms within the City. Councilman Nader stated he did not see the detriment of 20 versus 32 tables. The ultimate that would be allowed under consolidation of all four licenses would be 20 tables and he would be surprised if the there were more than two cardrooms with eight tables and one cardroom with twalve tables. This wouldn't result in any significant changes in their operation. MSC CNader/McCandliss) AMENDMENT TO MOTION: to revert back to the original language of the ordinance which charges players $4.00 per hand per hour. Motion carried 3-2-0 with Mayor Cox and Councilman Malcolm voting no. Deputy City Attorney Rudolf stated this ordinance was up for second reading and that it would not have to be amended. Seeti~n5~2~~~9~w~u~dbedroppedfrnmthesec~ndreadingwhi~hw~u~dresu~tinthe~riginal~anguage of the ordinance staying as it was. VOTE ON ORDINANCE 2347:3-2-0 with Councilmembers McCandliss and Moore voting un. Item 6B. ORDINANCE 2355 AMENDING SECTIONS 5.20.050, 5.20.110 AND 5.20.120 OF THE MUNICIPAL CODE RELATING TO THE REGULATION OF CARDROOMS Mayor Cox stated there has been discussion regarding the legality of Hold-em Poker. MINUTES January 23, 1990 Page 8 Cml~tcilmnn Nader stated there had not been an appellate court decision but the Attorney General opinion stated the game was illegal. City Attorney Rudolf agreed with Councilman Neder and noted it was now a matter of appeal. Chief Winters stated he had talked with Mr. Scarbrough, who handles registration for the state, and he advised him that the State is not taking action against communities allowing Hold--era Poker at titis time, but they did want the communities to b~ aware of the appeal in process. Councilman Malcolm left the meeting at 6:50 p.m. MSC (CoxfNader) to table Ordinance 2355 until the question of legality is solved. Motion carried 4-~-1 with Councilman Malcolm absent. Item 10. RESOLUTION 15465 APPROVING THE CONSTRUCTION OF RAISED MEDIANS ON BROADWAY IN THE CITY OF CHULA VISTA Mr. Cliff Swanson, Deputy Public Works Director, stated that due to the large number of bus'messes and owners notified, the staff now had a better synopsis of the project. The Safety Commission recommended installation of median islands as part of the reconstruction project for the purpose of enhancing the safety performance on Broadway. The Broadway Bnsinessmen's Association was opposed to the staff recommendations and the Chamber of Commerce had proposed an alternate plan. Richard J. Thompson, 6405 Muirlands Drive, LaJolla, spoke in opposition to staff recommendation. He stated he owned property at Broadway and L Streets in the southeast eoruer of the intersection. He noted the City had installed a raised median on L Street approximately eight months ago which prohibited traffic from turning into his property. Due to this restriction, the car wash located there has been experiencing financial difficulties. If the raised median is constructed on Broadway, access to the property would be further restricted. He did not feel safety would be enhanced due to the U-toms that would result from restricted access. Harriet Stone, 6566 Ridge Manor, San Diego, representing Las Tiendas Shopping Center, stated she owned prope~y on the southwest enruer of Broadway and H Street. She expressed her concern ove~ the ability of emergency vehicles to ~pond if raised medians were constructed on Broadway. She felt the medians should not go from F Street all the way to Main and noted these would prohibit left toms and could result m possible traffic jams. She was in favor of widening and resuffacing Broadway from F Street to Main. Councilman Nader questioned whether Mrs. Stone supported the Chamber of Conamerce proposal. Mrs. Stone stall she was unclear as to exactly what the proposal was but if it had medians only at the major intersections, she would sopport it. Councilman Moore stated that pedestrian traffic would also have to be addressed. Councilwoman McCandiiss questioned whether the project was time sen~nive. She would Hke one week to tour Breadway and review staff and Chamber of Commerce recommendation, She was not sure that a median ~n'oughout the area was the way to go and expressed her concern over the way the project was being sculpted. Mr. Swanson noted that this was a key element for design. MSC (McCandllssfMoore) to continue this it~n to the sueeting of 216190. Motion approved 4-0-1 with Councihnan Malcolm absent. MINIYTES January 23, 1990 Page 9 City Manager Goss stat~t it had been made very clear that this was a safety issue as presented in the staff report. A continuous m~dian is aesthetically better, and would be an upgrade for the area. He stated the Engineering staff is wiring to suppport the proposal submitted from the Chamber of Commerce. By utilizing this, substantial sums of money would be saved. The project would have to be evalusted utilizing safety impact along with the difference in costs - theso revenues could be utilized for other projects with safety impacts. Mayor Cox noted the height of vegetation was a concern to the Broadway Businessman. Mr. Swanson stated this had been addressed as a mitigation measure. Councilman Moore stated U-turns were not accident fr~ and felt the City should look at the safety issues. He stated the Government Affairs Committ~ had approved five recomn~ndatious. Mayor Cox questioned whether Somme, rset Plaza would be the model used. Mr. Swanson stated it would be used as the model except that landscaping would be kept to thirty inches. It will be 65 % hardscapo to 35 % landscape. Item 19. RESOLUTION 15475. RESOLUTION 15476. RESOLUTION 15477. RESOLUTION 15478. RESOLUTION 15479. RESOLUTION 15480 AND RESOLUTION 15481 Councilman Nader stated he had been contacted by one of the Parks and Recreation Commissioners expressing concerns over this item. He would like to continue this item until 2~6/90 in order to obtain mare information regarding their concerns. Mayor Cox questioned whether this would present a problem for staff. Mr. Lippitt stated there was no problem with staff but may be a problem for the developor. City Attorney Rudolf stated the Council was required to approve or deny the map within ten days of the report of the City Engineer, unless them was mutual consent by the developer to delay. What is before the Council is the final map and Coun(d is to approve it if it is found to be in conformity with the conditions of the approved tentative map. Councilman Nader stated he wanted a report from staff regarding the concerns and questioned whether the tentative map had been amended to reflect the changes in EastLake I. Mr. Gene Asmus, Assistant City Manager, stated these were separate agreements and not incorporated into the tentative map. The five acres are not specific in the agreement but the developer has posted a $500,000 bend to guarantee the five acres. Councilman Nader questioned the specific concerns of the Parks and Recreation Commission. Assistant City Manager Asmus stated it was not specifically spelled out that it would be in the EastLake Greens IIL It was discussed, it will probably occur, but it is not specifically spelled out in the agreement. Councilwoman McCandliss expressed her concerns that this was not a condition on the map for the Greens. Councilman Malcolm returned to the meefmg at 7:30 p.m. Mayor Cox asked the City Attorney for an opinion regarding any actions on the tentative map and whether it could be reconsidered. MINUTES January 23, 1990 Page 10 Deputy City Attorney Rudolf stated there was no tentative reap before the Council at this meeting for review therefore they could not make any amendments. If all procedures were followed regarding the tentative reap, Council must make a decision in ten days on the final reap. If it meets all conditions of the tentative reap, Council must approve unless the developer agrees to pestpone. Councilman Nader disagreed and stated he did not feel fights were vested and felt the Council could reconsider the tentative reap and amend. Deputy City Attorney Rudolf stated the tentative reap was not before them at this meeting and therefore the Council could not take action on it at this time. Mr. Bob Snyder, representing EastLake Development, stated the Commtu/ity park designated in the tentative reap does include fifteen acres. There are thirteen acres available for usage with two acres in slopes. When the Parks and Recreation Department realized this, they requested fifteen usable acres. EastLake agreed to an additional two acres to be in EastLake HI. It is the only thing not tied down and will be included in the agreement to come before the Council on February 6, 1990. The action before the Council only creates larger parcels and no permits will be pulled except for the high school and commlllXity park. Mr. Ken Anlen, representing EastLake Development, stated it is their intent to locate the five acre park area in a future phase beyond the Greens. All other parks before this phase are planned. The original park on the tentative reap has not changed, EastLake is just not Inking credit for the slopes. Councilwoman McCandliss stated she would like to see all parks consolidated into a larger area. It was the goal of the Council not to have sreall two acre parks. Councilman Moore felt the Parks and Recreation Commission's concerns had been addressed and taken care of. He felt the City Council was in full control of the development. Assistant City Manager Asmus stat~l he was not at the Parks and Recreation Commission meeting but he understood concern was expressed over the City Council decision on making parks private and it was more significant than the concerns expressed over the two acres. He stated the minority voted against it with the reajority voting for. Councilman Neder stated he understood the majority had strong reservations on where this was heading and enncemed about substantive parks issues. He did not feel the Council was receiving timely information from the Parks and Recreation Commission, not through the fault of the Commission. He then questioned if this was the final reap for EastLake Greens. Mr. Krempl stated this was the master final reap which sets up parcels for sale. And before they can sell lots, they have to come back with additional final reap. Councilman Neder questioned if the Council appreved the final reap whether they could legally go back and change the park sites. City Attorney Rudolf stated they could not. MOTION: Councilman Nader moved to continue all resolutions or the resolution confined to the park site for two weeks. Councilwoman McCandliss questioned whether he wanted to continue all resolutions or only the one pertsining to the park. MINUTES January 23, 1990 Page 11 Councilman Nader stated whatever Council wished m do, he just wanted the ability to go back and make modifications on the tentative map. MOTION: Councilman Malcolm moved to continue all resolutions for two weeks. Mr. Arden stated the option to go beck and add parks was not a good one. The property had been graded, it would not be impossible, but the best option would be to add a different community park in a future development. Councilman Nader questioned whether EastLake would agree to continuing the map dealing with the park site in order to hear the concerns of the Parks and Recreation Commission. Mr. Arden stated this was a critical part of the program and they needed to move ahead. They wanted to work with the Coun(tl but felt they were being held hostage for each little issue. EastLake requested Council move ahead and approve the map as submitted. Mayor Cox questioned when the ten day deadline was. Deputy City Attorney Rudolf stated it would be ten days following the submittal of the report. Mayor Cox stated he was not in favor of continuing this item. He felt all the conditions of the tentative map had been met. He understood the concerns of the Parks and Recreation Commission but felt these concerns were addressed in the development agreement due to come to Council on February 6th. Councilwoman McCandliss questioned whether them would be a problem in enntinuing to Thursday. Mr. Arden stated all the information was before the Council tonight and requested thief approval. Councilman Nader stated that if EastLake would not agree to a continuation, he would move to reconsider the tentative map. Councilman Moore stated that property owners had rights and he felt they were afforded this protection when the Council approved the tentalive map. Assistant City Attorney Rudolf again staled that if the map before Council met the conditions of the tentative map, Counc'd was required to approve. Councilman Moore questioned where the map does not meet those conditions. Deputy City Attorney Rudolf stated that according to the engineers report, the map did meet all conditions of the tentalive map. Councilman Malcolm stated that all conditions were met end according to staff, the park would be built out in eonformance with the tentative map. He noted he had raised his concerns eight months ago but he felt it was only fair to move ahead and approve at this time. He stated if there was a misunderstanding, it would be a moral obligation and was not sure it was a legal obligation. Mayor Cox stated that at some point the Council and staff would have to be more specific regarding the net usable acreage for parks. EastLake has agreed to commit to a future phase of the project and felt there were ample opportunities in the future to ensure they would comply. VOTE ON MOTION: Motion failed, 1-3-1 with Councilmanbers Cox, Malcolm and Moore voting no and Councilwoman McCandliss absent. MINUTES January 23, 1990 Page 12 RESOLUTIONS 15475, 15476, 15477, 15478, 15479, 15480 OFI~ERED BY MAYOR COX, reading of the texts was waived, passed and approved 3-2-0 with Councilmembers McCandliss and Nader voting no. Councilman Malcolm stated he had voted against privatization of the parks and did not support the Greens but felt this was the only fair thing to do. He stated that in the spirit of continued cooperation, he hoped EastLake would resolve this as soon as possible. Councilwoman McCandliss stated she had opposed the tentative map and also opposed the final map. Councilman Moore stated communications had broken down and needed to be improved. He believed in the rights of the tentative map. Councilman Neder stated he hoped these issues would be cleared up in the future, at the time of the tentative map. Specific usability and concerns of the Parks and Recreation Commission should be addressed at that time. Mr. Jerry Rindon, past member of the Parks and Recreation Commission, stated that if the issue of privatization were before the Commission at this time it would be voted against 100%. He expressed his concorn over who was keeping track of the possible shortages in the parks. Item 21. REPORT ON REQUEST FOR INDUSTRIAL BOULEVARD RIGHT-OF-WAY VACATION Mark Baker, 613 W. Valley Parkway, #315, Escondido, representing Parker Enterprises, urged the Council to go forward with the application. He felt the property could be better used. The history of the Park and Ride proved it was not needed, had not been maintained by CalTrans, and was not being utilized. He stated there was a block company currently located on C Street that would like to relocate. Mayor Cox questioned whether Mr. Baker was currently using his property for an economic purpose. Mr. Baker stated he was not because of the problem with access to the properly. Councilman Malcolm stated he had been assigned to negotiate the $60,000 agreement in 1982 with Mr. Baker and was familiar with the situation. He agreed CalTrans was not using the property. Staff had approached Mr. Hazard to move our dog pound down on Main Street up to his property by the dump. He said he might do that if the City does somathing with this piece of property. It would be a win situation if the City could fred a location down on the Otay Valley Road site, instead of our building being moved at a horrendous cost, trying to piece together an agreement with Mr. Hazard, Mr. Baker and the City in order for the City to proceed. He felt the staff report was weak, if the Park and Ride relieves traffic on the freeway he would not look at vacation of the property. If CalTrans was not utilizing he felt Council should move forward. MSUC (Malcolm/Nader) to form a committee to look into vacation of the property and report back to City Council. Councilmembers Malcolm and Nadee are to serve on the committee. Mayor Cox requested additional information from staff to include: I. Determine whether NTB had future plans for installation of a stop at L Street or if there was a greater need for the pwporty in the futorn. 2. Review concerns expressed regarding the need for a storage and parking lot for semi-tractor trailers. Mayor Cox stated he was not sure this was a good or bed location. MINUTES January 23, 1990 Page 13 Councilman Malcolm stated the City would have to buy back the property from Mr. Baker, if necessary for those uses. He felt Mr. Baker had dealt with the City in good faith since 1982 and he felt the City needed to move forward. City Manager Goss stated there was a third issue to be reviewed and that would be the site for an animal shelter. If the City is looking at a land swap, he would not want it tied to getfrog a location for the animal shelter, that may be an option, but the City is looking at other options as well that they believe have a lot of promise. That also ties into preliminary discussions with the City of San Diego regsxding their needs. There needs to be more evaluation of the particular piece, if there was a trade. Councilman Moore agreed with Councilman Malcolm and felt the City needed to decide if they wanted to purchase the property or not. 25. CITY MANAGER'S REPORT(S) 25a. City Manager Goss stated there would be no Council meeting next Tuesday as it was the fifth Tuesday of the month. The Council will hold its regular workshop on Thursday, items include the update on the Otay Ranch and the Chula Vista 2000 Subcommittee repe~. 25b. City Manager Goss referred to a letter received from Councilman Malcolm. He stated Scripts and his concern over the length of time regarding disenssion between them and the City regarding the excluding negotiated agreement. When the Council entered into the agreement, milestones were set. Staffstated they are worklngwjthi. the milestones of the negotiated agreement. He felt they were possibly not notifying tenants and he would get back to Council with an update and spociEc timelines. 26. MAYOR'S REPORT(S) 26a. San Diego County Board of Supervisors requesting assistance in attracting a National Basketball Association and National Hockey League Franchise to San Diego County. RESOLUTION NO. 15486 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING NATIONAL PROFESSIONAL BASKETBALL AND HOCKEY FRANCHISE IN SAN DIEGO RESOLUTION 15486 WAS OIv)'ERED BY MAYOR COX, reading of the text was waived, passed and approved unanimously. 27. COUNCIL COMMENTS Councilman Malcolm: 27a. Expressed his concern over the commercials b~mg broadcast during the day and early evening hours on cable television. He requested a Resolution be prepared requesting Cox Cable and other providers within the City to raise their standards of advertising by refusing to allow adult-oriented advertising during daytime hours or times associated with family viewing. This item is to be placed under Council Comments at the next rcgulas meeting. MINlJTE5 January 23, 1990 Page 14 AD.IOURNMENT ADJOURNMENT AT 9:10 p.m. to the regular City Council Worksession to be held on January 25, 1990 at 4:00 p.m. in the Council Conference Room. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki Soderquist, Deputy City C~.