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HomeMy WebLinkAboutcc min 1990/03/06 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, March 6, 1990 Council Chambers 4:00 p.m. Public Serv/ces Building CAlL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Malcolm, McCandliss, Moore and Nader ABSENT: Mayor Cox ALSO PRESENT: Assistant City Manager, Gene Asmus; Assistant City Attorney, Ruth Fritch; and City Clerk, Beve~y A. Authelet 2. PLEDGE OF ALI.EGIANCE TO THE FLAG. SILFaNT PRAYER 3. APPROVAL OF MINITIES: February 20 and February 27, 1990 MSC (Mooref/vlcCandliss) to approve the minutes of February 20 and 27, 1990 as presented, 4-0-1 with Mayor Cox absent_ 4. SPECIAL ORDERS OF THE DAY: 4a. Prodalming the Week of March 4-10, 1990 as 'SAVE YOUR VISION WEEK' - Proclamation presented to Dr. David Suder of the San Diego Optometric Society. Councilman Moore presented the proclamation to Dr. David Suder, 4b. Proclaiming the Month of March, 1990 as 'EYE DONOR MONTH' - Proclamation presented to Dr. Barry Scher. Councilman Moore presented the proclamatio_n to Dr. Scher. 4c. Presentation to Deputy City Manager, Sid Morris, by Mr. Mike Madigan of the American Cancer Society for his participation in developing a plan to obtain a building for the Society. Mayor Pro Tem McCandliss recognized the important work being done by the American Cancer Society. CONSENT CALENDAR (Items pulled: Sa, Se, 8AI 8B, and 9) Mayor Pro Tem McCandliss stated she would like to add the item under her comments, "Rescheduling of Board & Commission Banquet" to the Consent Calendar. COUNCILMAN MOORE OFFERED THE BALANCE OF THE CONSENT CALENDAR, reading of the texts was waived, passed and approved 4-0-1 with Mayor Cox absent. MINUTES March 6, 1990 Page 2 5, WPd'Ft'PiN COMMUNICATIONS: Sa. Letter regarding concerns related to 1.32 acre sub-division on the North Side of 'C' Street, between Del Mar Avenue and the Third Avenue Extension - Ronald B. Helderlein, 615 Law Street, San Diego, CA - Recommended that the matter be referred back to staff for continued negotiations with Mr. Helderlein and if an agreement cannot be reached, it may be necessary to revise condition No. 14 in the approved map, which would allow Mr. Helderlein to proceed independently with his improvements and subsequently the South Bay Pioneers/City would proceed independently with their improvements. Pulled from the Consent Calendar Io~ 5b. Letter regarding traffic concerns within the City of Chula Vista - Richard Falkenthal, 272 Street, Unit B, Chula Vista, CA - Recommended that this communication regarding the publiCs disregard of speed limits and pedestrian crosswalks be referred to traffic engineering for consideration as it relates particularly to the possible erection of "Stop for Pedestrians" signs as suggested. 5c. Letter regarding traffic concerns within the City of Chula Vista - Christopher Kiefer, 1589 Country Vistas Lane, Bonita, CA - Recommended that this communication regarding the speed of vehicles on Country. Vistas Lane, and the request for stop signs be referred to staff and the Safety Commission for evaluation and study. 5d. Claim in excess of $25,000 filed against the City of Chula Vista - Gregory Cotterell, c/o Martin Lee Raldey, Attorney at Law, 2239 First Avenue, San Diego, CA. Recommended by the City of Chula Vista claims adjusters, Carl Warren & Company, and Risk Management, that this claim be denied. 5e. Letter regarding procedures relative to the development of the property presently known as the V~la San Mignel SubdMsion located west of Hilltop Drive - G. Don Lindberg, 280 K Street,//28, Chula Vista, CA - Recommended that Mr. Ferreira and his attorney be advised to meet with staff and try to reach some agreement on the issues involved. Pulled from the Consent Calendar IJl~8 6. RESOLLrTION 15538 ACCEPTING AN IRREVOCABLE OFFER TO DEDICATE .RFAL PROPF~RTY FOR ROADWAY PURPOSES AND DEDICATE SAID ROADWAY AS A PORTION OF SHY LANE - County of San Diego, in conjunction with the processing and approKal of Parcel Map #1962, was granted an irrevocable offer to dedicate real property for roadway purposes across the northerly portion of Parcels and 2 of said parcel map. Staff recommends approval of the resolution and direct the City Clerk to record this resolution at the County Recorder's Office. (Director of Public Works) 7. RESOLUTION 15539 ACCEPTING AND NAMING EIGHT FOOT STREET DEDICATION AT 54 WOODlAWN AVENUE - Acceptance of 8' right-of-way required by the City for street improvements in conjunction with application of building permit for apartments at 54 Woodlawn Avenue. Staff recommends approval of the resolution. (Director of Public Works) 8.A. RESOLUTION 15540 AUTHORIZING ISSUANCE OF BONDS AND At}PROVING BOND 1NDENTLrRE AND OFFICIAL STATEMENT FOR OTAY LAKES ROAD FOR ASSESSIVIENT DISTIIlCr 88-2 - These are the closing resolutions for the Otay Lakes Road assessment district proceedings. They make a final determination of the amount, period and maximum interest rate of unpaid assessment following the 30 day cash collection period. They also provide for the issuance of bonds to acquire the public improvements of Otay Lakes Road by Rancho del Rey. Staff recommends approval of the resolutions and MINUTES March 6, 1990 Page 3 authorize the Director of Finance to execute the bond indenture. (Director of Public Works/Director of Finance) Pulled from the Consent Calendar l,,~ B. RESOLUTION 15541 MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMF2qT OF A REDEMPTION FUND - Staff recommends approval of the resolution and authorize the Director of Finance to execute the bond indenture. (Director of Public Works/Director of Finance) Pulled from the Consent Calendar 9. RESOLUTION 15542 APPROVING FACILITY USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SUNNYSIDE SADDLE CLUB - A formal Facility Use Agreement has been negotiated with the Sunnyside Saddle Club. Staff recommends approval of the resolution. (Director of Parks and Recreation) Pulled from Consent Calendar 7;/7't~(~ 10. REPORT REQUEST FOR A 'I'RAblqC SIGNAL AT MAIN STREET AND DEL MON'I~ AVENUE - Staff recommends the prohibition of parking on Main Sweet in the vicinity of Del Monte Avenue so that a two-way left turn lane can be installed. Staff does not recommend the installation of a traffic signal at this location. (Director of Public Works) ]blT~f' * * END OF CONSENT CALENDAR * * PUBLIC FlEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HgAPdNG CONSIDERATIONOFAREORGANIZAT1ONINVOLVINGTHEANNEXATION OF 1325.29 ACRES TO CI-RJI~ VISTA AND DETACHMENT OF 788 ACRES FROM THE RURAL FIRE PROTECTION DISTRICT, gOWN AT THE gOLY1VIPlC TRAINING CENTER SITE REORGANIZATION' - (Director of Planning) RESOLUTION 15543 APPROVING THE REORGANIZATION KNOWN AS THE "EASTLAKE/OLYMPIC TRAINING CENTER SITE REORGANIZATION' This being the time and place as advertised, the public hearing was declared open. There being no public comment, the public hearing was declared closed. Lyman Christopher, Director of Finance, stated the annexation is subject to the master property tax agreement with the County. RESOLLrHON 15543 O~ BY COUNCILMAN MOORE, reading of the text was waived, passed end approved 4-0-1 with Mayor Cox absent. 12. PUBLIC HF3.RING PCM-90.12: CONSIDERATION OF STREET NAME CHANGE FOR HERMOSA AVENUE TO FOURTH AVENUE BETWEEN ORANGE AVENUE AND BEYER WAY - To rename Hermosa Avenue to coincide with the existing Fourth Avenue. Staff recommends approval of the resolution. (Director of Planning) 1~7S'~ MINUTES March 6, 1990 Page 4 RESOLUTION 15544 APPROVING PCM-90-12 TO CHANGE THE NAME OF HERMOSA AVENUE TO FOURTH AVENUE BETWEEN ORANGE AVENUE AND BEYER WAY AND APPROPRiATING FUNDS TO · REPLACE THE EXISTING 5rHEET NAME SIGNS This being the time and place as advertised, the public hearing was declared open. Councilman Moore questioned if this was a final decision and how many properties would be impacted. Assistant City Manager Asmus stared there were four residences and two businesses that would be impacted and all had been notified of the public hearing. He further stated there was no controversy regarding the name change during the Planning Commission hearings. There being no public comments, the public hearing was declared closed. Councilman Moore questioned when this would go into effect and what the deadline was to change the addresses and signs. Assistant City Manager Asmus stated staff would move ahead as soon as possible and it would go into effect as soon as the signs were posted. RESOLUTION 15544 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 w/th Mayor Cox absent- OTHER BUSINESS 13. ORAL COMMUNICATIONS 13a. Victor A. No]an, 12 Via Barbatini, Chu]a Vista, CA, stated he served on the Mobile Home Issues Committee and felt the concerns and needs of the residents of the trailer parks were not being met. He recommended the Council separate [rafter parks from mobile homes in order to obtain better representation. Councilman Malcolm requested that Mr. Nolan address this issue at the next meeting of the Mobile Home issues Committee and bring a report back to Council with their suggestions. Mr. Nolan stared he had addressed this issue with the Committee and did not feel it was well received. He hoped the Council would initiate this request. Councilman Malcolm stared the Committee was set up to be independent of the City and he did not feel it was appropriate ro tell them what they should do. He again requested that Mr. Nolan address the Committee wkh his concerns and he would review the minutes to see the Committee response· Mayor Pro Tern McCand]iss stated the Council was involved in the setting of the original percentages of membership and she felt maybe there was something the Council could do. 13 b. Carol Freno, 3703 Alta Loma Drive, Bonita, CA, representing Crossroads stated she was responding to mis-statements of the 2/27/90 meeting regarding the position Crossroads has taken on developments within the City. She stated Crossroads' platform is now and will continue to be to work toward the goal of having a first class municipality and a city with some class. Councilman Moore questioned the number of members in Crossroads and how many lived within the City. MINUTES March 6, 1990 Page 5 Mrs. Freno stated there were 12 members and all but 3 lived in ~he City. Councilman Malcolm again reviewed his votes on the McMillin project and apologized if he had offended anyone but felt his record was clear regarding his voting. Councilwoman McCandliss stated that everyone knew that Crossroads was not pro-growth. She stated that CAPS by themselves were simplistic and would be used only as a last resort, but if they were not elevated and discussed, the impact would not be know until possibly to late. She requested that a staff members talk with Crossroads regarding the improvements on the western side of the City. 13c. Paul Green, 141 Lotus Drive, Chula Vista, CA inquiring whether his correspondence from a previous meeting had been passed on to Council. He asked that he be placed on the agenda by next week in order to have his concerns addressed. Mayor Pro Tem McCandliss stated she was unsure of where the papers were and questioned the City Attorney as to the status of Mr. Green's complaint. M 0VIcCandliss) to refer Mr. Green's complaint to the City Attorney with a report back to Council regarding the status. Motion died for lack of second. Assistant City Attorney Fritch stated that nothing has been properly filed in court; therefore, there was nothing to respond to. Councilman Malcolm stated that Mr. Green had the option of filing suit if he felt it was necessary. 14. ITEMS PULLED FROM THE CONSENT CAKENDAR Item Sa. Letter regarding concerns related to 1.32 acre sub-division on the North Side of Street, between Del Mar Avenue and the Third Avenue Extension. Ronald Helderlein, 615 Law Street, #F, San Diego, CA, questioned what the staff recommendation meant. Assistant City Manager Asmus stated the recgmmendation was to have staff work with Mr. Helderlein, He stated it was important for the City and Mr. Helde~ein to negotiate within the agreement and if it could not be worked out, staff would return to Council requesting the deletion of #14. He felt comfortable with a two week time period and stated he would also like to attend the first meeting to see what was going on if it was alright with Mr. Helderlein. Mr. Helderlein stated he was over a barrel and if he did not agree to do what was requested, staff would not approve his plans. It has been 15 months and he was concerned that the tentative map would expire. Cliff Swanson, Deputy Director of Public Works, stated the tentative map approval was for three years with the ability to extend for an additional two years. Mr. Helderlein requested a one week time limit. Assistant City Manager Asmus stated there would be a problem with the docketing schedule and he would request a two week time limit. Mr. Helderlein agreed to two weeks. MINUTES March 6, 1990 Page 6 -. d MSG CMcCandlissAVloore) to accept staff recommendation and have back to Council in two weeks, approved 4-0-1. Item Se. Letter regarding procedures relative to the development of the property presently known as the Villa San Miguel Subdivision located west of Hilltop Drive Assistant City Manager Asmus stated the staff did not have a problem with processing the subdivision map but they would have to recommend denial of the map to the Planning Commission. Staff had hoped to work this out before being submitted to the Planning Commission. Mr. Lindberg stated he had planned three units per acre which was in accordance with the General Plan and has now been told that he would have to acquire a General Plan Amendment and that staff would not support his request. He stated he would like to proceed with the project with the assurance of the Council. Mayor Pro Tern McCandliss questioned staff as to why a General Plan Amendment would be needed. Bob Leiter, Director of Planning, stated the General Plan now states that if a development goes above the mid-range there are certain amenities that are required. In review of this project, it is above the mid- range and staff did not see the ameniries included. Mr. Lindberg could submit an amenities package and not need the amendment. Staff could process the project as it currently is but would have to recommend denial to the Planning Commission. Councilman Malcolm referred to the R3 zoning and the number of apartments which have been allowed over the maximum densities. Mr. Leiter felt this needed to be refined regarding multi-family densities. Councilman Malcolm questioned whether the City still had the bonds. John Lippitt, Public Works Director, stated staff was trying to verify whether the City still had the bonds. He did not believe the premiums had been paid but that the City had not released them. Councilman Malcolm stated the Council had made a commitment and he felt the staff should be encouraging and not prohibiting anyone from submitting a map. He felt the staff had an obligation to take the map if it was in conformance with the General Plan. Mayor Pro Tern McCandliss stated this was a problem that had arisen before with the difference between gross and net densities. She also noted the General Plan was changed approximately one month ago regarding the requirement for mid-dens/ties. Councilman Malcolm stated the staff only made recommendations and the Council made the final decisions. Mr. Leiter stated there should be a clarification regarding the zoning of the property, it is currently RE- PUD which allows two units per acre. Mr. Lindberg stated he was aware there would have to be a zoning change to RI-15-P and he felt the project was consistent with the surrounding land uses. He stated he did not know what the amenities package was, as referred to by staff. MINUTES March 6, 1990 Page 7 MSC (McCandlissAVlalcolm) 1. applicant be allowed to process the map ff he chooses, or 2. if applicant desires, meet with staff to discuss criteria and standards. Approved 4-0-1. Item 8A RESOLUTION 15540 AUTHORIZING ISSUANCE OF BONDS AND APPROVING BOND INDENTURE AND OFFICIAL STATEMENT FOR OTAY lAKES ROAD FOR ASSESSMENT DISTRICT 88-2 RESOLUTION 15541 MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND Lyreart Christopher, Director of Finance, stated there were four bids received at the Bond Sale with the lowest bid from Bateman Eichler, Hill Richards, Ine, with a net interest cost of 7.301%, Staff recommended the approval of the low bid and the reading of such into the record, RESOLUTION 15540 AND 15541, AS AMENDED, OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Mayor Cox absent. Item 9. RESOLUTION 15542 APPROVING FACILITY USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SUNNYSIDE SADDkE CLUB Councilman Malcolm stated he could support the Saddle Club but questioned the amount of liability insurance being required by the City. Manuel Mollindo, Director of Parks and Recreation, stated he had discussed this with the City's Risk Manager and she felt it was sufficient as only members were allowed and most horses were ridden by owners. Assistant City Manager Asmus stated that with situations such as this, there may never be enough insurance, but that this was consistent with the City's requirements. Mayor Pro Tern McCandliss noted that the Council had expressed their concerns regarding the grading in Rohr Park and noted that this could involve the horse ring. She questioned whether this had been addressed in the agreement. Mr. Mollindo stated the agreement allowed for 90 days termination. Staff will be before Council at their next meeting with a report on grading plans for Rohr Park. He stated they would present three alternatives and none of these would impact the horse ring. Mayor Pro Tem McCandliss questioned whether the Club would be willing to increase their coverage, Mr. Mollindo stated he had not discussed this with the Club. Mayor Pro Tern McCandliss questioned the coverage required by the City for other agencies such as the Chamber, etc. Assistant City Manager Asmus stated he believed the City required $1 million in coverage. He added that this item was not time sensitive and recommended a continuance of one week. Councilman Moore stated he would like to know the percentages of owner ridden horses. MINUTES March 6, 1990 Page 8 d MSC (McCandlissAVloore) to continue Resolution 15542 to the meeting of 3/13/90 Cone week). Councilman Malcolm requested information on the availability of $5 million of liability insurance for the Club and the type of coverage it would provide. Particular/riterest in whether it is per accident or cumulative coverage. 15. CITY MANAGER'S REPORT(S) - None 16. MAYOR'S REPORT(S) - None 17. COUNCIL COMMFANTS 17a. Councilwoman McCandliss: Rescheduling of Board & Commission Banquet - approved on the Consent Calendar 17b. Councilman Moore: Stated the Crime Prevention Committee was actively meeting and he would keep the Council updated regarding ~heir progress. Stated the Light Rail Study Committee would meet on 3/7/90 and he would keep the Council updated on their progress. The concept currently being studied is whether people should be moved within the City or through and from the City. A memo will be going to Council from staff within the next several weeks regarding this issue. ADJOURNMENT The City Council/Redevelopment Agency adjourned to a Closed Session at 5:15 p.m. to discuss: a. Potential disposition of real property located at the "E' Street Troliey Station, Chula Vista, leased by Harold Elkan pursuant to Government Code Section 54956.8 b. Potential acquisition of properties pursuant to Government Code Section 54956.8: 760 Broadway (Glen E. FUller, Trust, owner); 801 E. Broadway (Trayis A. & Margaret L. Reneau, DAvid D. & Christina L. Ordway, owners); and 416 Third Avenue (Robert E. & Barbara A. Schubert, owners) c. Personnel matter pursuant to Government Code Section 54957 ADJOULN.X~ENT AT 6:30 P.M. to the next regular City Council meeting of March 13, 1990 at 6:00 p.m. in the Ci~.~' Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerl~ by: ieki Soderq~ CXerk