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HomeMy WebLinkAboutcc min 1990/02/20 MINUTES OF A REG~ MEETING OF THE CITY OF CHULA VISTA Tuesday, February 20, 1990 Council Chambers 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 AH-EGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: February 5, 1990 MSC (Moore/McCandliss) m approve the minutes of February S, 1990 as presented. 4-0-0-1 with Councilman Maicolm abstaining. 4. SPECIAL ORDERS OF THE DAY: 4a. Mr. Herb Cawthorne, Director of the Black Foundation, representing San Diego 2000 Committee, I nitiative. MSUC CMoore/Nader) to direct staff to renew and compare the SD2000 program, the Chula Vista Thresholds, and the SANDAG Traffic Management Program. CONSENT CALENDAR (Items pulled: 163 MSUC (Cox/Moore) to continue Items 6 and 7 to the meeting of 2/27/90. Mayor Cox noted Items 8 and 11 would require a 4/5's vote. COUNCILMAN NADER OFFERED THE BALANCE OF THE CONSENT CALENDAR, reading of the texts was waived, passed and approved unanimously (CounciIman Malcolm voting no on Item 10) Mayor Cox noted public hearings could not be heard until 6:30 p.m. and Council would hear Oral Communications until that time. 5. WRi'ITEN COMMUN1CA'IIONS: MINUTES February 20, 1990 Page 2 5a. Claims Against the City - Ms. Gladys Brabazon, e/o Thomas M. Tomlinson, 231 Fourth Avenue, Chula Vista, CA 92010 - Recommended that the claim against the City flied by Gladys Brabazon be denied. 5b. Claims Against the City - Ms. Margarita E. Miller, c/o David Ira Berman, Attorney at Law, 3990 Old Town Avenue, Suite ll0-B, San Diego, CA 92110 - Recommended that the claim against the City filed by Margarita Miller be denied. 6. ORDINANCE 2356 ADOPTING THE EASTLAKE III DEVELOPMENT AGREEMENT (.second readin~:) (Deputy City Manager) Pulled from the Consent Calendar and continued to the meeting of 2/27/90 ]t~8,~( 7. ORDINANCE 2357 ADOPTING THE EASTIAKE GItEKNS DEVELOPMENT AGE (second reading) - (Deputy City Manager) Pulled from the Consent Calendar and continued to the meeting of 2/27/90 8. ORDINANCE 2348B A1VIF. NDING ORDINANCE NO. 2251 OF THE CITY OF CHULA VISTA RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES 1N THE CITY'S EASTERN TERRITORIES (ur~rencV measure) - An interim measure effective for thirty (30) days -(Continued from 2/13/90) - (Director of Public Works) 9. ORDINANCE 2358 ADDING CHAPTER 2.34 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A CHILD CARE COM/VIISSION (second readinK) - One of the strategies proposed by the Child and Adult Care Subcommittee was the establishment of a City Child Care Commission - (Deputy City Manager) }~5,~ ~ 10. ORDINANCE 2359 APPROVING AN AMENDMENT TO SECTION 19.060.030 OF THE MUNICIPAL CODE FOR DEVELOPMENT PRO3ECTS DEFINED AS PIPELINE PROJECTS (second teadiner) - (Director of Planning) CouncLlman Malcolm voted no. J'~'~(5 11. RESOLUTION 15511 APPROPRIATING FUNDS TO MAINTAIN ASPHALT PATHWAYS IN EL RANCHO DEL RE'/' PARK - The asphalt pathways in El Rancho del Rey Park are in extremely poor condition. The asphalt material is decomposing and exposing the rock aggregate. Staff recommends approval of resolution (continued from meeting of February 13, 1990) - (Director of Parks and Recreation) 12. RESOLUTION 15518 APPROVING AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, SO~STE1LN COMMUNITY COI.I.KGE DISTRICT AND THE CITY OF CHULA VISTA FOR. SOUTHBFESTERN COI.I.FGE TRANSIT FEASIBILITY STUDY - Agreement requests the County of San Diego to conduct a feasibility study for a Transit Center at Southwestern College. Staff recommends approval of agreement - (Director of Public Works) /&~i}O 3.3. RESOLUTION 15519 APPROVING AGREEMENT WHEREIN THE DEVELOPER WAIVES THE RIGHT TO PROTEST THE FORMATION OF AN ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON SPRUCE ROAD AND SYCAMORE DRIVE OR AN OVERALL DISTRICT FOR /~ / MINUTES February 20, 1990 Page 3 STREET IMPROVEMENTS IN THE WOODLAWN PARK AREA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - As a condition of approval of the Tentative Parcel Map 874, the developer was required to enter into an agreement to waive the right to protest the formation of an assessment district for the construction of street improvements in Spruce Road and Sycamore Drive or an overall district for sweet improvements in the Woodlawn Park area. Staff recommends adoption of resolution - (Director of Public Works) 14. RESOLUTION 15520 AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION PUBLIC EMPL-QYEES' RETIREMENT SYSTEM - On 9/12/89 the Council approved Ordinance 2325 authorizing an ' amendment to the contract between the City and California Public Employees Retirement System. The adopted Ordinance cited the incorrect section of the Government Code and the amendment is to correct that error. Staff recommends approval of the resolution - (Director of Finance) 15. RESOLUTION 15521 AUTHORIZING CITYS PARTICIPATION AS A AMICUS CURIAE IN THE CASE CiTY OF SIMI VAIJ.I~T( VERSUS SUPERIOR COURT - Resolution would authorize the city to participate as amicus curiae for the case which involves a challenge to Simi Valley's adoption of a general plan for its sphere of influence by a property owner outside of the city limits. Staff recommends approval of the resolution - (City Attorney) I~J/B~3 16. RESOLUTION 15522 APPROVING AN AMENDED LEASE AGREEMENT BETWEEN THE CITY OF CFILLA VISTA AND THE COUNTY OF SAN DIEGO FOR OFFICE SPACE FOR THE 1ST DISTRICT SUPERVISOR - Resolution modifies the present 50 year lease agreement which provides for 250 square feet of space in the Legislative Office Building for use of the First District Supervisor. Staff recommends approval of the amended agreement in order to accommodate the needs of the First District Supervisor (Assistant City Manager) Pulled from the Consent Calendar 17. RESOLUTION 15523 STATING INTENTION TO AMEND CHAPTER 9.36 OF THE MUNICIPAL CODE, DISCHARGING WEAPONS IN THE VICINITY OF OTAY LAKES IN THE EVFANT OF ANNEXATION OF EASTLAKE III - Staff recommends approval of the resolution - (Deputy City Manager) 18. REPORT WALL ENCROACHING INTO OPEN SPACE AT 661 REDLANDS PLACE -In May of 1989, the Council denied an encroachment permit to Kamel Hindi to maintain a wall and sunshade built in the Cit3/s open space. Since that time, the sunshade has been removed. tn September, Mr. Hindi submitted a letter to the Council requesting that he be allowed to let the wall remain. Staff recommends acceptance of report and direct owner to remove wall from the open space - (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC 'HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3.9. PUBLIC ,HFARING CONSIDERATIONOFAREORGANIZATIONINVOLVINGTHEANNEXATION OF 1325.29 ACRES TO CHU1A VISTA AND DETACHMENT OF 788 ACRES FROM THE RURAL FIRE PRO'IZCTION DIS'IXICT, KNOWN AT THE 'EASTLAKE/OLYMPIC TRAINING CENTER SITE MINUTES February 20, 1990 Page 4 REORGANIZATION' - Staff recommends continuation of public hearing to meeting of March 6, 1990 - · (Director of Planning) MSUC (Gox/McCandliss) to continue the Public Hearing to the meeting of 3/6/90. 20. PUBLIC I-{FARING ON DRAFT TRANSNET (SALES TAX) TRANSPORTATION IMPROVEMENT PROGRAM EXPENDITURE PLAN FOR THE NEXT FIVE FISCAL YEARS -SANDAG's annual development and approval of RTIP is a requirement for the continued receipt of State and Federal transportation project funding. The TransNet projects listing is to be submitted to and approved by SANDAG. Staff recommends the Council adopt the resolution approving submittal of the City's RTIP update/TransNet Sales Tax Expenditure Plan to SANDAG following the public hearing - Staff recommends continuing to meeting of February 27, 1990 - (Director of Public Works) ]0~/3.~ MSUC (Cox/Moore) to continue the Public Hearing to the meeting of 2/27/90. 21. PUBLIC HEARING PCIVI-89-7: CONSIDERATION OF SUNBOW II SPA PLAN, PUBLIC FACILITIES FINANCING PLAN AND PC DEVELOPMFdqT REGULATIONS, RANCHO DEL SUR PARTNERSHIP Staff recommends Council concur with the findings and accept the Planning Commission's recommendation to approve the project. A. RESOLUTION 15524 APPROVING THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN B. RESOLUTION 15525 APPROVING THE SUNBOW II SPA PUBLIC FACILITIES FINANCING PLAN C. ORDINANCE 2361 ADOPTING THE PLANNED COMMUNITY DISTRICT REGULATIONS (first reading) Councilman Malcolm stated he would abstain from voting on Items 21 and 22 as he was an owner of Great American stock. Manuel Nunes, consultant for the Sunbow Project, gave an overview of the project, SPA Plan, Public Facilities Financing Plan, and the Planned Community Districes Regulations. He informed the Council that two letters had been received today. One from the Developer and one from a land owner adjacent to the property. The Developer had requested modifications to Condition 4 and Condition 10 and clarification of Condition 7. Mr. Nunes stated the Planning Commission was firm in their recommendation that a day care facility be designed into the complex - Condition 4. Staff felt Condition 10 should stay as proposed and they could not live with the proposed deletion of "Any such revisions shall not require an amendment to the SPA Plan or Public Facilities Financing Plan". City Manager Goss stated the provision provided for re,dew throughout the project. Some of the issues were general in nature and needs to be refined as time goes on. Councilwoman McCandliss questioned the letter from Mr. Rogers. MINUTES February 20, 1990 Page S Mr. Nunes stated Mr. Roge~s property was on the south boundary of Foxhills and he had purchased his home during the public hearing process of the General Development Plan. He had not had the opportunity to speak at that time. The Developer has worked with the residents and the bank has been lowered from approximately 20 feet to 4 to 12 feet and Poggee canyon is being retained. He stated that a Fading plan would have to be submitted with the Tentative Map in order to address possible flooding. The lots backing onto Foxhills have also been deepened in order to provide additional separation. Councilwoman McCandliss noted that grading would not be done before the approval of the Tentative Map. Mr. Nunes stated she was correct. Councilwoman McCandliss questioned the statements regarding the report on Threshold Standards for the Police Department. City Manager Goss stated his interpretation was that additional officers would be provided with funding from the project. He felt it was safe to say that as the City grows they will have to add officers, and this was a general statement. Councilwoman McCandliss questioned who prepares the threshold analysis and how it is done. City Manager Goss felt there was some liberty taken with the statement. Mr. Nunes stated the EIR estimated approximately 5,300 people would be added to the community and would require 6.6 officers to maintain present levels. He noted that a moratorium could occur if service fell below that level. Mr. Loiter stated the thresholds were in the General Development Plan and would carry forward to the Tentative Map. Councilman Nader noted there would be $100,000 of improvements to Grog Rogers Park and he questioned whether there was a plan to expand use of the park. Manuel Mollindo, Director of Parks and Rec~:eation, stated that if the canyon was filled there would be approximately 2 acres for playing fields. He' felt it was a win-win situation with the street as a buffer bev. qeen the homes and the park. MAYOR COX STATED TFIE COUNCIL WOULD HOLD THE PUBLIC HEARINGS FOR ITEM 21 AND 22 SIMULTANEOUSLY. This being the time and place as advertised, the public hearings were declared open. Ed Batcheider, Assistant Planner, gave a brief background of the annexation process. Tim Kruer, 2445 Fifth Avenue, San Diego, CA, representing Rancho Del Sur requested approval of the recommendations of staff and Planning Commission regarding the General Development Plan. He requested revisions to the two conditions as outlined in his letter to the Council and thanked the staff for their endless hours. He felt this would be a quality project. Mayor Cox questioned whether Condition 7 had been adequately addressed by staff. Mr. Kl'uer stated it had been. MINUTES February 20, 1990 Page 6 ) There being no further public testimony, the public hearing was declared closed. Mr. Leiter stated he and Mr. Mollindo had put together language regarding Condition 4 that they felt would be agreeable to the Council and Developer. Condition 4 could be amended to include: this requirement may be waived only upon determination by the City Council, based on recommendations of appropriate Boards or Commission, that adequate provisions for child care facilities are being made through other means in the project. Mr. Mollindo stated the' day care facility should be discussed with the Child Care Commission. Mayor Cox asked Mr. Kruer if he agreed with the proposed language. Mr. Kruer stated he did. Mr. Leiter stated the staff recommended the language as discussed in Condition 10. There was a major concern over the removal of the last line. Staff could agree with the language as rewritten in the Developers letter but that the last sentence should remain in the Condition. He felt the Condition, as written, was crystal clear. Councilman Moore questioned if staff would work with the Developer on a development agreement. Mr. Leiter stated the developer had not made formal request for a development agreement, but staff would work with them. There is a provision included for a development agreement, if requested, in the future. The development agreement locks in the conditions on the Tentative Map. RESOLUTION 15524 OFFERED BY MAYOR COX, reading of the text was waived. AMENDMENT TO RESOLUTION 15524: (Cox/McCandliss) to modify Condition #4 to indude: this requirement may be waived only upon determination by the City Council, based on recommendations of appropriate Boards or Commissions, that adequate provisions for child care facilities are being made through other means in the projecL Approved 4-0-0-1 with Councilman Malcolm abstaining. M (Cox) to modify Condition 10 to reflect the language submitted by Mr. KilleL The last sentence is to be deleted. Motion died for lack of second. City Manager Goss stated he would recommend against this type of action. He felt staff could work with the developer on a development agreement in conjunction with the tentative map. Mayor Cox reopened the public hearing. Mr. Kzuer stated Condition 10 was unfair and the way it was written they should not have done a SPA Plan. He did not feel this restriction had ever been placed on any other development. Joe Rogers, 768 Cholla Road, Chula Vista, CA, informed the Council that he had submitted a letter in opposition to the project. He felt his concerns should be addressed now and not at the Tentative Map. He felt it was an injustice to have his view of the canyon fallen away. There being no further public testimony, the public hearing was declared closed. MINUTES February 20, 1990 Page 7 City Manger Goss stated the issue of the development agreement was still unanswered and he expressed his concern that the City would be unprotected. The condition as is can be superseded by the development agreement in order to resolve these issues. Councilman Moore questioned if the Resolution was approved if it would be subject to the provisions which could be clarified in the development agreement. City Attorney Rudolf stated if that was done, it would be the same as Mr. Kt'uefs version of #10. When stating it is subject to revisions, it is reflective of the existence in the Code 29.48.13, which indicates that SPA plans are modified from time to time. That process in the Code can be initiated by the property owner, authorized agent or developer, the only thing left cloudy is if the City can initiate a modification. If Council adopts Councilman Moore's recommendation, it would be tying any potential modification solely to conversations arising out of a potential development agreement and if a development agreement is not agreed upon and it is still desirous to have changes, Council may be binding or preventing themselves from making changes both sides want. City Manager Goss stated he would feel more comfortable if the City kept the options open. Mayor Cox questioned if it was still staffs opinion that Mr. Rogers concerns could be addressed during the Tentative Map. Mr. Nunes stated that was correct. Councilwoman McCandliss stated she had only received the information from Mr. Rogers prior to the meeting but she was encouraged by Mr. Krues ongoing offer to work with the residents. This was not a closed issue and would be addressed during the Tentative Map. VOTE ON RESOLUTION 15524 AS AMENDED: Approved 4-0-0-1 with Councilman Malcolm abstaining. 22. PUBLIC HEARING CONSIDERATION OF THE ANNEXATION OF 611.53 ACRES OF LAND IN THE VICINITY OF COMMLrNITY HOSPITAL KNOWN AS THE ~'fELEGRAPH CANYON SOLrI'H PART II (SUNBOW) ANNLXATION' - Staff recommends the Council adopt the resolution approving the annexation - (Director of Planning) t,,~qO RESOLUTION 15526 APPROVING THE ANNEXATION KNOWN AS THE 'TR.I.EGRAPH CANYON SOUTH PART II (SUNBOW) ANNEXATION' COUNCILMAN NADER OFFERED RESOLUTION 15525, ORDINANCE 2361 FOR FIRST READING, AND RESOLUTION 15526, reading of the texts was waived, passed and approved 4-0-0-1 with Councilman Malcolm abstaining, OTHER BUSINESS 23. ORAL COMMUNICATIONS Vernon Pendergraft, One Kingswood Drive, Chula Vista, CA, noted that the staff had counted 247 crossings at Kingswood, the Safety Commission had voted for a light at Kingswood and he had hoped the Council would see the need at that intersection. His second concern was the yellow crosswalk and signal rashers MINUTES February 20, 1990 Page 8 that have been installed, as he did not feel these were v/sible to motorists. He again asked for a light at . Kingswood, a fence and a 25 mile per hour speed limit. Jean Pendergraft, One Kingswood Drive, Chula Vista, CA, questioned the meeting ~f the Mayor on 2/9/90 and whether the decision had already been made regarding the crosswalk at the easement. She felt the crosswalk was dangerous and was teaching the children to cross mid-block. Mary Hayrues, 1423 Eckman, Chula Vista, CA, questioned why the crosswalk on Rienstra had not been painted last week at the same time as the Hilltop crosswalk. She also questioned whether the Council had received the report on the left turn signal at Orange. Mayor Cox stated the Council had received the report on Friday, and staff would be reinstituting the arrow within several weeks. John Lippitt, Director of Public Works stated the crosswalk at Rienstra was to have been painted and he would check to see why the work was not done. Mayor Cox stated the meeting of 2/9/90 was at the request of Mary Hayrues. He had checked with staff to see if their recommendations were complete and shared those with Mrs. Hayrues. These were the same recommendations that were given to the Safety Commission the next day. He noted that at the last meeting, Council had authorized a signalized crosswalk at the easement to provide immediate reiieL Staff was also directed to further evaluate where a signal should be located. Council would then make a decision and authorize staff to begin design and engineering. Costs will be considered during the budget process which is expected to begin in 2-3 months. James Good, 376 Center, No. 143, Chula Vista, CA, stated he felt the City of Chula Vista should have their own jail under the auspices of the Police Department. 24. ITEMS PULLED FROM THE CONSENT CALENDAR Item 16. RESOLUTION 15522 APPROVING AN AMENDED LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR OFHCE SPACE FOR THE 1ST DISTRICT SUPERVISOIL Mayor Cox suggested that instead of an open ended contract, it could be made a renewable lease that would be coterminous with the term of who ever is 1st District Supervisor. In this case, a lease would extend through 1/93 and Council would consider each one of those increments on a four year basis. Councilman Malcolm stated he had three comments: 1. a one month termination notice should be added to the lease agreement, 2. the number of square footage is incorrect in the Resolution and should be corrected, and 3. he felt Supervisor Bilbrey was a welcome addition but did not feel he should receive free rent when everyone else is being charged. He felt the County should pay $43,225 in rent for the additional space requested. Mayor Cox stated he shared Councilman Malcolm's concerns but he had hopes and expectations that the $400,000 negotiated price for the building would come down substantially. He felt if it did nor, Chula Vista still had an edge with the $1.3 million dollars to relocate the superior courts. At the time this was negotiated, a three year limit had been set and this deadline was drawing close. The Council would have the opportunity to either continue the time frame or withdraw the funds. MINUTES February 20, 1990 Page 9 Councilman Malcolm stated he wanted the courts in Chula Vista and he felt the County had lied and deceived the City. The Council could withdraw the $1.3 million but he felt it would hurt Chula Vista. He realized the County was having financial problems but he did not feel it should be a one way street. MSUC (Moore/Nader) m extend the rent as it is for the remainder of the fiscal year. Assistant City Manager Asmus stated there was 43 years left on the existing agreement. Councilman Nader questioned whether the intent of the motion was to leave the agreement as it curren~y is and negotiate at the fiscal year. City Attorney Rudolf stated the County was asking for additional space and he felt the agreement should be modified to include: change the word 'additional" in the second Whereas and say approximately 575 square feet and since the first Whereas recites existing 250 square feet, this is an increase of approximately 325 square feet for a total of 575. In the 1st amendment to the lease agreement, 1st page, it contains 3 amendments to the existing lease. The first one changes the 250 to 575 and the second is effective to 3/1/90. If he understood the motion, they should change that to read, from 3/1/90 to 6/30/90 and it would be brought back to Council for renegotiation at that point. As a technical amendment he would suggest changing #2 to read 3/1/90 ending 6/30/90 with regard to the additional space. The agreement would then be brought back for renegotiation regarding the additional space on July 1, 1990. VOTE ON MOTION: Approved 5-0-0 25. CITY MANAGER'S REPORT(S) 25a. Reminded the Council of the Worksession to be held on Thursday and the regular Council meeting on Tuesday, February 27th. 25b. Stated the City had received a Notice of State Deparrxnent of General Services intent to establish a probation office in the City. He noted that very little information is given in these notices and he did not feel they were adequate. He will be contacting their office requesting they include more specific information in the future. 26. MAYOR'S REPORT(S) 26a. The Pore Commission has taken action on the proposals for the feasibility study for the Nautical Center. The contract has been awarded and the study is expected to take eight months to complete at a cost of $90,600. Mayor Cox express his appreciation to the Pore for their responsiveness to this project. 27. COUNCIL COMMENTS 27a. Councilman Malcolm: Expressed his concern over the off loading of oil from a single hull tanker to the SDG&E facility this week. He commended SDG&E for stating they would give priority to double hull tankers but he did not feel that was enough. /dg4tq MINUTES February 20, 1990 Page 10 MSUG CMalcolm/Nader) to direct staff to draft a letter and resolution requesting the Port District to go to Congress to request that only double hull tankering be allowed in San Diego. All bay cities are to be contacted to obtain their support of the resolution. 27b. Councilman Nader: Informed the Council about activities planned for the 20th Anniversary of Earth Day which will be held on April 21st. He expressed his appreciation to the City staff that had worked on this project and to his personal staff aide, Miss Risa Gechtman. The City Council adjourned to a Redevelopment Meeting at 8:34 p.m. and readjoumed the Council meeting at 9:40 p.m. The City Council/Redevelopment Agency adjourned to a closed session at 9:40 p.m. to discuss: a. Potential acquisition of properties pursuant to Government Code Section 54956.8:760 Broadway (Glen E. Fuller, Trust, owner); and 801 E. Broadway (Travis A. & Margaret L. Reneau, David D. & Christina L. Ordway, owners) b. Potential litigation pursuant to Government Code Section 54956.9(c) c. instruction to negotiator pursuant to Government Code Section 54956.8 potential franchise for cable television - Jones Intercable ) d. Pending litigation pursuant to Government Code Section 54956.9(a): County versus Rabin ADJOURNMENT AT 10:25 p.m. to the regular City Council Meeting to be held on February 27, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk ~. ,,, ~ · \ . by: ~ LUL~ Vicki Soderquist, Deputy ~CIerk