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HomeMy WebLinkAboutcc min 1990/02/27 MINUTES OF A REGULAR MEETING OF THE CITY OF CHUIA VISTA Tuesday, February 27, 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 - Councilwoman McCandliss arrived at 6:10 p.m. ALSO PRESENT: City Manager, John D. Goss; City Attorney, Tom Harron; and City Clerk, Beverly A. Authelet 2. PI.EDGE OF AI.1.EGIANCE TO THE FLAG, SII.F-NT PRAYER 3. APPROVAL OF MINUTES: February 6 and February 3, 1990 MSC (Moore/Nader) to approve the minutes of February 6 and February 13, 1990 with correction to minutes of 2/6/90. Approved 3-0-1d with Councilman Malcolm abstaining on the minutes of 2/13/90 and Councilwoman McCandliss absent. 4. SPECIAL ORDERS OF THE DAY: None CONSENT CALENDAR (Items pulled: 5b, 7, and 15) Councilman Malcolm stated he would abstain from voting on Item #8 due to ownership of stock in Great American. Mayor Cox stated items 12, 13, and 14 woul¢i require a 4/5's vote. COUNCILMAN MOORE OFFERED THE BALANCE OF THE CONSENT CALENDAR, reading of the texts was waived, passed and approved 4-0-1, with Councilwoman McCandliss absent. Mayor Cox noted that the public hearing could not be opened until 6:30 p.m. and Council would hear Oral Communications until that time. S. VVRI'I'rEN COMMUNICATIONS: 5a. Letter regarding the implementation of a Crime Stoppers Program in Chula Vista - Sandra D. Gomez, Community Relations Officer, Morgan Hill Police Department - Recommended that this request be referred to the budget process. MINUTES February 27, 1990 Page 2 5b. Letter requesting the placement of excessive space rent charges and the need for a relocation park in Chula Vista on the agenda - Rev. R. C. Flaugher, Chairman, Mobile Owners Political Action Committee - Recommended that the Council accept Rev. Flaugher's written communication and direct staff to inform him that: 1. Municipal Code Chapter 9.50 provides an arbitration process for disputed mobilehome park rent increases. One mobilehome park is in arbitration, and the efficiency of the Municipal Code chapter is being monitored. 2. Staff and the Housing Advisory Committee, which originated as the Mayor's Relocation Mobilehome Task Force, continue to analyze potential relocation park sites and alternative solutions to the development of the relocation park. Pulled from the Consent Calendar 5c. Letter of resignation from the International Friendship Commission - Kelley I. Brennan, 175 Alameda Boulevard, Coronado, CA - Recommended that Kelley Brennan's resignation from the International Friendship Commission be accepted with regret and that a letter of appreciation be sent to Ms. Brennan. 6. ORDINANCE 2356 ADOPTING THE 'FASTLAKE III DEVELOPMENT AGREEMENT (second reading) - (Deputy City Manager) 1~17/~ I 7. ORDINANCE 2357 ADOPTING THE ~ GREENS DEVELOPMENT AGREEMENT Csecond reading) - (Deputy City Manager) - Pulled from Consent Calendar 1~6.~ 8. ORDINANCE 2361 ADOPTING THE SUNBOW II SPA PLANNED COMMIYN1TY DISTRICT REGULATIONS (second reading)- (Director of Planning) Councilman Malcolm abstained from vo}~b 9. RESOLUTION 15527 SECOND MODIFICATION TO THE AGREEMENT BETWEEN THE CITY OF CHUI~ VISTA, ROBERT BEIN, WII.I.IAM FROST & ASSOCIATES AND BALDWIN VISTA ASSOCIATES, L.P. - Additional work is needed by RBF over and above the original scope-of-work for the preparation of-a Project Team Alternative, up to three EIR alternatives and a Public Participation Program, Staff recommends approval of the resolution. (General Manager-Otay Ranch Project) I;~764z 10. RESOLUTION 15453 APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AMERICAN LEGION POST NO. 434, INC. FOR THE FACILITY LOCATED AT EUCALYPTUS PARK, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Agreement terminates all former agreements with the American Legion and enters into a new lease for a two-year period. Staff recommends approval of the agreement. (Assistant City Manager) 1~765 11. RESOLUTION 15528 RESCINDING RESOLUTION 15458 AND RESOLUTION 15522 AND APPROVING A REVISED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO PROVIDING FOR ACQUISITION OF LFdkSEHOLD INTERESTED PROPERTY LOCATED AT 263 FIG AVENUE AND APPROVING AN AMENDED LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR OFFICE SPACE FOR THE FIRST DISTRICT SUPERVISOR - Staff recommends approval of the resolution. (Assistant City Manager) 1R76 ~, 12, RESOLIFHON 15529 AMENDINGFY1989-90BUDGETBYPROVIDINGFORSTAFFINGFORTHE OTAY RANCH PROJECT AND APPROPRIATING FUNDS - When discussions were first held with the MINUTES February 27, 1990 Page 3 Baldwin Company about a joint City/County team to review the Otay Ranch project, initially the City intended to use contract employees. It has since been determined that it would be more effective to use current City employees with experience in reviewing land development proposais. Staff recommends approval of the resolution establishing 3.5 full time equivalent positions and appropriating $183,770. (Budget Officer) 127~, 7 13. RESOLUTION 15530 EXTENDING DOUGLAS CH1LDS ARCHITECT CONSLILTING SERVICES CONTRACT AND AUGMENTING CONSLILTING SERVICES BUDGET FOR THE FORMULATION OF A CITY WIDE DESIGN MANUAL AND APPROPRIATING THEREFOR - Mr. Childs was consulted on the Preliminary Design Manual revision work program, staff is recommending that he be retained for the duration of the Manual preparation. Staff recommends approval of the resolution. (Director of Planning) /;/7~o° 14. RESOLUTION 15531 AMENDING THE FY 1989-90' BUDGET TO ADD FtJNDS FOR CONTRACTING OUT CONCRETE REPAIR WORK AND FOR PURCHASING CONCRETE ]~RTATED EQUIPMENT AND APPROPRIATING THE NECESSARY FDNDS -To add funds for contracting out concrete repair work and for the purchase of concrete-related equipment in order to more quicldy complete required repair of sidewalks and other trip hazards. Staff recommends appropriation of $60,000 for contracting out selected jobs, 57,030 for purchase of milling machine and endorse proposed change in scheduling concrete repair work. (Director of Public Works) 1Sl769 15. RESOLUTION 15532 APPROVING THE FY 1990-91 CLAIMS FOR THE FY 1990-91 2% NON- MOTORIZFI) TRANSPORTATION DEVELOPMENT ACT FUND - In order that claims for the project may be considered for funding by the SANDAG Board of Directors, Council must pass a resolution authorizing official submittal of the claims. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar 16. RESOLUTION 15533 ACCEPTING PUBLIC IMPROVEMENTS, HIDDEN MEADOWS SUBDMSION - Gentry Meadows, Ltd., has completed the requirements for public improvements for their Hidden Meadows subdivision. The improvement was approved by Council on 2/14/89. Staff recommends approval of the resolution. (Director of Public Works) h~ 77/ 17. RESOLLrHON 15534 AUTHORIZING EMERGENCY REPLACEMENT OF A PUBLIC WORKS INSPECTOR PICKLIP TRUCK - In December, a public works inspector was involved in an automobile accident in which his truck was damaged beyond repair. Staff recommends approval of the resolution and replacement of the compact pickup with a four wheel drive model more conducive to the work requirements. (Director of Public Works) I~TZ~ 18. RESOLUTION 15535 AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL DEPARTMENrE RECORDS - In order to conserve storage space the Personnel Department is requesting to destroy expired and obsolete records. Staff recommends approval of the resolution. (Director of Personnel) 19. REPORT FORMATION OF A CITYWIDE YOUTH SPORTS COUNCIL - The Youth Sports Council will be designed to assist sports groups and the City in field allocation and scheduling and MINUTES February 27, 1990 Page 4 would also enhance the lines of communication between respective sports leagues and the Department. Staff recommends approval of purpose, policies, support agreement and by-laws. (Director of Parks and · Recreation) A. RESOLUTION 15536 ALrrHORIZING THE PARKS AND RECREATION DEPARTMENT TO ESTABLISH A YOUTH SPORTS COUNCIL - Staff recommends approval of the Resolution. (Director of Parks and Recreation) / ~- 7~,5' 20. REPORT TROLLEY BUSES OPERATING ON CHULA VISTA (CVT) ROLFFES 706/706A - Council accepted a report on 10/17/89 on passenger concerns regarding the trolley buses operating on CVT routes 706/706A and directed staff to report back within six months on passenger attitudes regarding the trolleys. Report is an update on current trolley operations and recommended changes to routes 706/706A in FY 1990-91. Staff recommends acceptance of report and approval of Option #1 for routes 706/706A - (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 21. PUBLIC HEARING 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 TramNet projects listing is to be submitted to and approved by SANDAG. Staff recommends the Council adopt the resolution approving submittal of the Citys RTIP update/TransNet Sales Tax Expenditure Plan to SANDAG following the public hearing - (Director of Public Works) I1722 RESOLUTION 15537 ADOPTING THE FIVE-YEAR TRANSNET LOCAL STREET AND RO,M2) PROGRAM. FISCAL YEARS 1991 THROUGH 1995; AND APPROVING THE SUBMITTAL OF CHULA VISTA'S TRANSNET 1990 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM 0ITIP) UPDATE TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) Cliff Swanson, Deputy Director of Public Works, highlighted the projects that were in the proposed FY 1990-91 budget. This being the time and place as advertised, the Mayor declared the public hearing open. There being no public testimony, the public hearing was declared closed. Mayor Cox noted that Tidelands Avenue was now Marina Parkway. RESOLUTION 15537 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. OTHER BUSINESS 22. ORAL COMMUNICATIONS .., 22a. V.L. Pendergraft, One Kingswood Drive, Chula Vista, CA, stated he had conducted a survey / MINUTES February 27, 1990 Page 5 regarding the count of vehicles and pedestrians crossing Hilltop Drive. The survey was for a one hour period in the morning for three days. There are approximately 23 cars per minute or 1 every 4 seconds. He observed that it took one group of children 12 minutes to cross. He did not believe it would take 2- 3 months to design a stop light and felt plans utilized on Orange Avenue and Max could be modified. He again asked for a light on Kingswood Drive, a fence, and a 25 mph speed limit. Mayor Cox noted that Council had directed staff to begin design and engineering on a street light and that staff was also evaluating where the light should be constructed. Council will address the costs during the budget process. /-1~"'/i~ 22b. James A. Good, 376 Center Street, No, 143, Chula Vista, CA, asked the Council to consider raising the minimum wage, citywide iorlChula Vista, by $0.25. He noted high inflation within the country as the reason for this request. 22c. ,James Lovett, Bayscene Mobile Home Park, stated the City's arbitration procedure is not working. From his experience, arbitration required a large amount of time, an attorney, and money. He requested that the Council push the staff to develop a new procedure (better than arbitration). This should address the issues of selling and conflict with the owner. He did not feel the City was enforcing the Ordinance. Mayor Cox stated the issue would be better addressed at the P~edevelopment Agency Meeting to be held on 3/1/90. Council was unable, due to law, to act up Mr. Lovetes request tonight. Councilman Moore stated that the process may not be going as fast a possible but they were moving. He requested that staff report back at Thursday's meeting a history of the process and the future direction. 23. ITEMS PLIlj~D FROM THE CONSENT CALENDAR Item 5b. Letter requesting the placement of excessive space rent charges and the need for a relocation park in Chula Vista on the agenda. Rev. R. C. Flaugher, 2100 Industrial 1-10, Chula Vista, CA, representing the M.O.P.A.C., stated it has been eight years since the Council began addressing the issue of a mobile home relocation park. He requested that the issue not be sent back to staff or other boards or commissions for review. He requested that a time limit be set. Councilwoman McCandliss stated the staff report was fine as far as it went but she felt it had not gone far enough, she also felt a time line should be established. Councilman Nader referenced the ordinance Council had passed which rezones trailer parks. He stated the Housing Advisory Committee had made recommended amendments to the relocation ordinance. Council had requested this be brought back with the amendments and he questioned when this would be returning to Council. Chris Salomone, Director of Community Development, stated it was scheduled for the March 23th Council meeting. Councilman Malcolm stated the City should be the arbitrator in all disputes. He did not feel that the Council wanted to deal with the issue. Mr. Salomone stated the Housing Advisory Committee was very active and will nor sunset. He would be prepared to report to Council at their next meeting or at the Redevelopmerit Agency meeting on Thursday. MINUTES February 27, 1990 Page 6 ) Mayor Cox stated he would prefer the report at the Thursday meeting. Councilman Moore stated the eight years were misleading and there has also been a shift to overall housing versus relocation park. Victor A. Nolan, 12 Via Barbarini, Chula Vista, CA, stated there has always been a problem with the concept of a relocation park. There were and continue to be many substantial problems. Mayor Cox stated that his opinion from the beginning was that if a relocation park was to work, the City would have to get involved in the acquisition and operation. M (Cox) to accept stal~s recommendation. Councilman Nader stated that the recommendation referred ro the transmittaI of a letter to Rev. Flaugher, and he questioned the necessity of this. City Manager Goss suggested that rather than taking action tonight Council could continue this item to the Redevelopmeat Agency meeting on Thursday. MSUC (Cox/Moore) to continue to the Redevelopmeat Agency meeting to be held 3/1/90. Item 7. ORDINANCE 2357 ADOPTING THE EASTLAKE GI~RF-NS DEVELOPMENT AGREEMENT (second reading) A/an R. Campbell, 43 Corte Maria, Chula Vista, CA, representing Crossroads opposed the ordinance. They felt the preferential allowances for one developer, at the exclusion of all others was inequitable and established a dangerous precedent. They also felt that to exclude the Growth Management Element was inappropriate at this critical time in the development of the City. Growth Management is still in its infancy and they felt there would be new thresholds, modified rules and unlcnown new approaches. They strongly urged that the item be referred back to the Planning Commission to review the changes and their ramifications. He congratulated Councilmembers McCandliss and Nader on their opposing votes on 2/6/90. ORDINANCE 2357 WAS OFFERED BY COUNCILMAN MALCOLM, reading of the text waived. City Attorney Hatton stated EastLake had requested the inclusion by reference of Government Code 65865.2 in section 4.5. What it says is that if the City puts in the provisions that change the requirements that apply to a development through discretionary actions later in the future that those actions may not affect the intensity or density of the development as approved in the development agreement. He stated this was State Law and he was not opposed to the addition. Delete language after 65865.2. Councilwoman McCandliss questioned if it were referred back to the Planning Commission and they recommended to deny and then Council approved what would be accomplished. Mr. Campbell stated the changes to the ordinance were not reviewed by the Planing Commission and they felt the Commission should review regarding the ramifications of preferential treatment. MOTION TO AMEND: (Cox) to modify ordinance 2357 with the addition, by reference of Government Code Section 65865.2 to 4.S of the development agreement. City Manager Goss stated there should be clarification that 4.5 would include the reference to the MINUTES February 27, 1990 Page 7 Government Code Section and all language after that should be deleted. If there are any changes in the General Plan, they would still apply to EastLake as long as it does nor relate to densities. City Attorney Harron agreed with the City Manager's clarification. VOTE ON AMENDMF2qT: Approved 3-2-0 with Councilmembers Moore/Nader opposed. MS (McCandliss/Nader) to refer Ordinance 2357 to the Plann/ng Commission for evaluation and comment. Mayor Cox stated he would reluctantly vote against the motion. He stated this had been before the Planning Commission and Council had received their comments. He noted Council had asked the developer to hold off the project while the City was in the process of the General Plan update and he felt the Council needed to take final action. He stated there were many additional benefits in the final project that were not included in the original and he felt the development was a benefit to the City of Chula Vista. Councilman Moore stated there were checks and balances in the agreement and questioned whether there were any thresholds that would not apply to this development. George Krempl, Deputy City Manager, stated the project would be subject to all eleven thresholds and any changes to those thresholds in the future. VOTE ON MOTION TO REFER TO PLANNING COM3A]SSION: failed 2-3-0 with Councilmembers Cox/Malcolm/Moore voting no. VOTE ON ORDINANCE 2357 AS AMENDED: approved 3-2-0 with Councilmembers McCandlissANlader voting no. Councilman Malcolm stated that the comments from Crossroads concerned him. He did not feel they were being consistent in their remarks regarding the development. He stated there were two sides to every story. Item 15. RESOLUTION 15532 APPROVING THE FY 1990-91 CLAIMS FOR THE FY 1990-91 2% NON-MOTOPdZE-I~ TRANSPORTATION DEVELOPMENT ACT FUND Councilwoman McCandtiss questioned if there was a time limit or if the item could be referred to the Parks and Recreation Commission for review. Mr. Lippitt stated they may have one more week and noted the next Commission meeting was on 3/16/90. Councilwoman McCandliss noted one of the routes was on the MTB right-of-way and stated the Council had expressed their concerns over safety. Mr. Swanson stated this project had been continued over in the five year plan and that staff had been concentrating on the near term projects. The project could removed if that was the desire of the Council. City Manager Goss stated staff shared the safety concerns and would review. Councilman Moore noted that the plan could be modified even after approved by the Council. RESOLUTION 15532 OFFERED BY COUNCILWOMAN MCCANDL1SS, reading of the text was waived, passed and approved unanimously. MINUTES February 27, 1990 Page 8 MSC (McCandlissAMoore) to refer to the Parks and Recreation Commission for review and b/ke path evaluation. Councilwoman McCanclliss stated she would like to see the bike paths implemented in a · sequence which would allow people to travel from east to west and north to south. Approved 4~0-1 with Councilman Malcolm absent, 24. CITY MANAGER'S REPORT(S) - No report given. 25. MAYOR'S REPORT(S) 25a. Stated he had received a letter from Mr. Arthur J. Johns along with registered voter petitions requesting annexation of certain properties. He proposed: L acceptance of the petition and authorization for staff to begin working on the request, 2. conceptual agreement to pursue creation of a sewer assessment district for the area, and 3. referral to staff to investigate and report back to Council on the possibility of guaranteeing a fixed sewer connection fee for some reasonable time period or alternate ways of mitigating the financial impact on the residents. An example might be to look at the feasibility of allowing early payment of sewer connection fee should the City contemplate raising the fee or a second option might be to say that at the time of annexation there would be a grace period of one to two years to form the assessment district. Arthur J. Johns, Attorney at Law, 721 Third Avenue, Chula Vista, CA, stated the residents have asked that the request for annexation is based upon the City's approval of an extension of the sewer and the creation of a sewer assessment district. MSUC (Nader/McCandliss) to approve the recommendations in the Agenda Report with the addition of the Mayor's second option to allow payment upfronr or a delayed payment of the connection fee. 25b. Stated he had artended a retirement party held by the Fire Department. He hoped this would continue on a regular basis and noted the five retirees spanned the time period in which three agencies had blended together to become the current Chula Vista Fire Department. 25c. At the last SANDAG meeting the Coronado Fire Chief gave a presentation regarding their program for household hazardous waste products. He noted there was a regular schedule and felt it was an excellent program. MSUC (Cox/McCandliss) to refer the Coronado program for household hazardous waste products to staff to evaluate and report back to Council withLn 2 - 3 weeks. The Coronado F/re Chief is to be invited to the same meeting and asked to give a presentation to Council on the implementation of the program and the City response. 26. COUNCIL COMMENTS 26a. Councilman Moore: Stated the Clean Water Task Force would be meeting every two weeks. The position the City holds is not as a voting member. He stated he would like to nominate John Lippitt, Public Works Director, as the alternate for this Task Force. Mr. Lippitt has artended all the meetings and would add continuity. He will update the Council regarding the progress of the Task Force. MINUTES February 27, 1990 Page 9 26b. Councilwoman McCandliss: Questioned whether the City had a contour grading policy. She noted the widening of Telegraph Canyon Road looked extremely shat3~. .Mr. Lippitt stated the City does have a provision for slope rounding, not contour grading. He noted the area in question was in the County and was approved to get the drainage project in. He felE that when the property was developed, the entire grading picture would have to be evaluated. He also noted that it would look better when landscaped. Stated she had been contacted by a gen~eman who snggested the City form an ad hoc committee which would address the issues of the Waterfront. She felt it was important to have citizen participation. ADJOURNMENT Mayor Cox stated the City Attorney informed him there was no need for a closed session. The City Council adjourned to a P, edevelopment Agency meeting at 7:23 p.m. .4DJOURNMENT AT 7:33 p.m. 'to the regular City Council Meeting to be held on March 6, 1990 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki Soderquist, D~ Clerk