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HomeMy WebLinkAboutcc min 1990/07/24 MINUTES OF A REGULAR MEETING OF THE CHULA VISTA CITY COUNCIL Tuesday, July 24, 1990 Council Chambers 6:10 p.m. Public Services Building ~ TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Malcolm, McCandliss, and Mayor Cox ABSENT: Councilman Nader ALSO PRESENT: Gene Asmus, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PI.F. nGE OF ALI.F. GIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: Mayor Cox informed the public that at their last meeting, on July 17, 1990, the Council, in closed session, ratified and approved the decision of the City Manager to appoint Chief Sam Lopez as the Fire Chief of the City of Chula Vista. a. Proclaiming Monday, August 6, 1990 as 'ROHR DAY' in the City of Chula Vista - Proclamation to be presented to Rober~ Goldsmith, Chairman and Chief Executive Officer of Rohr Industries. b. Oath of Office: Child Care Commission: Jeanne R. Arnold Commission on Aging: Earl Biggets International Friendship Commission: James L. Baker Design Review Committee: Michael Spethman Board ofAppeals: Ctayton P. Gingerich Planning Commission: Jim Camill Oath of office was given by City Clerk, Beve~y A. Authelet with certificates presented by Councilwoman McCandliss. CONSENT CAI .I~NDAR (Items pulled: Sb, 6, 9, 20, and 22) BALANCE OF THE CONSENT CALF. NDAR OFFERED BY COUNCILWOMAN MCCANDLISS, reading of the text was waived, passed and approved 4-0-1 with Councilman Nader absent (Councilrn~n Malcolm voted no on Resolulions 15736 and 15737 and abstained from voting on Item 20 (Grading Policies). Minutes Page 2 July 24, 1990 ) 5. WRI'I'I'~N COMMUNICATIONS: a. Clam agah~t the City:. 1) Mr. Vernon L Pendent,if1:, 2) MB. Jean D. Pendeigned, c/o C. Bradley Hallen, Attorney ar Law, 2533 So. Highway 101, Suite 280, Cardiff, California 92007, and 3) M~. Davina Fartales, c/o Alan Pinkerton, Esq., Law Office of George J. Ronia, 492 Third Avenue, Suite 201, Chula Vista, California 92010. It is the recommendation of counsel for the City, Daley & Heft, concurred in by the City Attorney's Office, Risk Management and our claims administrators, Carl Warren & Company, that the claims be denied. b. Request from Baldwin Vistas, Incorporated and EastLake Development Company for support of the priva~zation of Route 125. Staff recommends that Council adopt the resolution which generally supports the accelerated construction of SR 125 and furLher, due to limited funding, indicates our willingness to consider supporting innovative financing techniques that nay be used to help expedite its construction. Pulled from the Consent Calendar Councilwoman McCandliss stated she was concerned over the proposals that would make 125 a roll road. She felt it was another example of how the roadways in north county always seem to get built first. She could not support making 125 a toll road and felt there were many questions that still needed to be answered before approving a blanket resolution supporting this. Mayor Cox agreed with some of the reservations expressed by Councilwoman McCandliss but felt that all alternatives should be reviewed. RESOLUTION 15728 URGING CALTRANS TO SUPPORT THE CONSTRUCFION OF STATE ROUTE 125 MS (Cox/Malcolm) to accept the staff recommendation and approve Resolution 15728. dohn LippiEr, Director of Public Works, stated staff had been working with several organizations regarding this issue. Staff did not want to state that the City supported a toll road but did want to support the issue of creative financing to construct Route 125. Sid Morris, Deputy City Manager, stated Baldwin and Eastlake have expressed interest in having this considered as one option. It was staffs opinion that rather than rejecting the toll road as out of hand to pursue it as an option and have the state consider it as such. Staff does recognize there are other options as well. 2osie Carlson, 1756 Reed Avenue, San Diego, California, representing Fluor Daniel and California Transportation Ventures, stated the actual request for the resolution is on behalf of the state. The state asks that the request for proposal contain documentation of local support. They felt 125 is vital to the South Bay area and determined that under the best scenario, Route 125 would not have public funding before 2006. They were requesting the Council support of privatization, not necessarily the toll road. Councilman Moore questioned whether it would be possible to add another "whereas" to include: Whereas, a form or exception to any toll road in Chula Vista is not supported at this time due to City development agreements, development funds, and regional half cent sales tax. Councilman Malcolm stated the City did not have a half cent sales tax to build SR 125 and to say the City won't consider innovative funding would be short sighted and naive. \ Minutes Page 3 July 24, 1990 Councilwoman McCandliss stated she did not have a problem with the wording of the resolution but stated everyone should realize that it will be included in a package that supports the privatization of SR 225 as a toll road. VOTE ON MOTION: approved 3-1-1 wilh Councilwoman McCandliss voting no and Councilman Nader absent. c. Request to have City maintain the hill located behind 529 Canyon Drive - Roy J. Kechter, 2476 Rimcrest Court, Bonita, California 92002. Staff recommends the area continue to maintain in its natural state. d. Request for assistance in obtn~nlng traffic toutlois at the Otay Valley Road/Main Street exit from South I-8OS - Bob Filner, Councilmember, Eighth District, City of San Diego, 202 C Street, San Diego, California 92101. Staff recommends that Councilmember Filner and Ms. Bryson be advised that the Otay Valley Road/I-805 ramps are scheduled for signalization, hopefully in 1991/92 with design scheduled for fiscal year 90-91. They should ~aher be advised that in the interim, staff w~l continue, as they have in the past, to monitor traffic conditions at this location for possible installation of other interim traffic control devices, (i.e. stop signs if deemed appropriate). 6. ORDINANCE 2385 AMENDING SECTION 17.08 OF THE MUNICIPAL CODE RRI-,~T1VE TO ENCROACHMENTS INTO OPEN SPACE (first readinE) - Since adoption of Ordinance 1836 in 1978, it has been the duty of the City Engineer/Director of Public Works to issue encroachment permits for open space. Staff concurs that it would be more appropriate for the Parks and Recreation Director to approve or disapprove open space encroachment requests. Staff recommends Counc~ place ordinance on first reading. (Director of Public Works) Pulled from the Consent Calendar Councilman Malcolm expressed his concern over the Parks and Recreation Department making the determinations for encroachments on open space. He felt encroachment into open space was an important item and the decision should be left to the policy makers rather than staff, and he would vote no on this item. Councilwoman McCandliss agreed with Councilman Malcolm and felt the authority should be with the Council. Cliff Swanson, City Engineer, stated there were only four areas in which staff could issue an encroachment permit without appearing before Council. These were: 1) landscaping, 2) fence, 3) retaining wall, and 4) private ut~ity service. ORDINANCE 2385 pLACR. n ON FIRST READING BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 3-1-1 with Councilwoman McCandliss vol~g no and Councilman Nader absent. 7. ORDINANCE 2386 AMENDING(~d~FrER18.54OFTHEMUNICIPALCODE~IATINGTOTHE REGULATION OF DEVELOPMENT WITHIN FLOOD PLAINS (first readinR) - It is necessary to amend the flood plain regulations to comply with federal requirements and to clarify the language of the regulations. Staff recommends Council place the ordinance on fn'st reading. (Director of Public Works) 7~ 8. RESOLUTION 15725 ACCEFI'ING BID AND AWARDING CONTRACT FOR "PROVIDING STREET SWEEPING FOR THE CITY'S CHIP SEAL" (1990-91 PROGRAM] AND APPROPRIATING ADDITIONAL FUNDS- Minutes Page 4 July 24, 1990 Staff recommends approval of the resolution and award bid to Kenny's Construction Sweepers in the amount of $17,800 and appropriate additional funds from Gas Tax. (Director of Public Works) Continued from the meeting of July 17, 1990. INa~ This item is an appropriation item and would require a 4/5's vote. 9. RESOLUTION 15726 MOD1FYINGTHESCHEDULEOFFFKqTOINCREASETHESEWERSERVICE CHARGE - A report on sewer rate increases was presented to Council on 6/12/90. Council approved a public hearing for 7/24/90. The San Diego region is embarking on the largest public works project in county history--a $2.5 billion conversion of the Metropolitan Sewer System to secondary treatment with the provision for water reclamation. A series of rate increases are recommended that will be adequate to generate funds necessary to pay the anticipated costs for the next 14 years for the upgraded sewer system. Staff recommends: 1) Alternate A - Raise the sewer service charge for the entire City to $11 per month (with subsequent annual increases of 11% per year for the next 10 years). 2) Alternate B - For pre- annexation City same as Alternate A. For Montgomery area, increase $2.30 per month each year for next 10 years. (Director of Public Works) Continued from the meeting of July 17, 1990 - Pulled from the Consent Calendar I Councilwoman McCandliss questioned why a flat fee was being established per household versus some type of gallon usage which would recognize that there is a variation of usage from one household to another. 5ohn Lippitt, Director of Public Works, stated the existing fee is a flat fee for single family residents, for all others it is not. Staff is in the process of having a detailed study done of the whole revenue program to conform with state and federal requirements. He felt this would go toward a variable rate. Antonio Castro, 158 Zenith, Chula Vista, California, spoke in opposition of the staff recommendation. He expressed his concern for the need of secondary treatment. He noted the problem with the removal of sludge and the additional costs involved. Councilman Moore stated the owner of the Metro system has been ordered by the courts to do this. MSC (Malcolm/Moore) to approve Alternate B, xpproved 4-O-1 with Councilman Nader absent. Mr. Lippitt stated a final draft of the consultant's report had been received and he hoped to present it to Council by August. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, questioned the raise for the users in mobile home parks. Mr. Lippitt stated mobile home parks were covered in the ordinance and it is a percentage. MSC (McCandliss/Cox) to have staff seriously explore different alternatives that might relate the fee to consumption or use. Approved 44)-1 with Councilman Nader absenL 10. RESOLLrFION 15703 CONTRACT AMFANDMENT WITH DAMES AND MOORE FOR THE PREPARATION OF THE OTAY RANCH ENVIRONMENTAL IMPACT REPORT (EIR) - The original scope of work for the Otay Ranch EIR provided that additional project alternatives would be defined during the EIR preparation; this has now been done and it is necessary to amend the contract adding to the scope of work. Minutes Page 5 July 24, 1990 Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting~ of july 10, 1990 and July 17, 1990 ll.A. RESOLUTION 15729 ESTABLISHING COMPENSATION PLAN FOR MIDDLE MANAGEMENT EMPLOYEES FOR FY 1990-91 AND AMENDING RESOLUTION NUMBER 15333 WITH REGARD TO MIDDLE MANAGEMENT FRINGE BE - The resolution provides for the establishment of a compensation plan for middle managers and revises the salary and market basket amount for FY 1990-91. Staff recommends approval of the resolution. (City Manager) B. RESOLUTION 15730 APPROVING WAGES FOR UNCL,A..-c~IFIED HOURLY EMPLOYEES FOR FY 1990-91 - The wages paid to the unclassified hourly employees are adjusted annually in keeping with adjustments awarded to other City employees in order to maintain the internal alignment of the salary plan and to remain competitive with other agencies. Staff recommends approval of the resolution. (City Manager) /'qo~ / 12. RESOLUTION 15731 EXERCISING THE ta'iT'S OPTION FOR A ONE-YEAR ~SION OF THE AGR I~EMENT WITH THE CHAMBER OF COMMERCE FOR GENERAL INFORMATION SERVICES - For the past three years, the City has contracted with the Chamber of Commerce to provide general public information services to the public. The City has the option of extending the current agreement for one year. Staff recommends approval of the resolution. (Deputy City Manager Thomson) /~lol ~ 13. RESOLUTI ON 15732 RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DlbrIRICTS 1, 4, 5, 7, 9, 14 UNITS 1-7 - On 5/6/86, Council accepted the Department's report regarding renewal options for Open Space contractors. The Depa~uuent will exercise its option to renew the landscape maintenance contracts in Open Space Maintenance Districts 1, 4, 5, 7, 9, 14 and Units 1-7. Staff recommends approval of the resolution. (Acting Director of Parks and Recreation) 14. RESOLUTION 15733 AUTHORIZING THE MAYOR TO EXECLrI~ A CONTRACT FOR A SYMPHONY CONCERT AND TO ENTER INTO INDEMNIFICATION AGRRRMENTS - The City, in conjunction with the San Diego Unified Port District, is planning to host the San Diego Symphony Pops Orchestra for a concert at Marina View Park on Sunday, July 29, 1990. Staff recommends approval of the resolution. (Acting Director of Parks and Recreation) /~/o&// 15. RESOLUTION 15734 APPROVING EXTENSION TO AN AG~RRMF. MT BETWEEN THE CITY OF CHULA VISTA, WILLIAM IL DOTSON, AND RANCHO DEL REY PARTNERSHIP, FOR PROVIDING TRANSPORTATION CONSULTANT SF~VICES - In order to facilitate the improvements required of the Rancho Del Rey Partnership for the 1-805 and H Street interchange, the City and Rancho Del Rey Parmership have entered into a cooperative agreement with William R. Dotson for consulting services. The consulting services are necessary to expedite the constraction of the necessary improvements. The existing agreement expires on 6/30/90 and needs to be extended. Staff recommends approval of the resolution. (Director of Public Works) I ~6 ~ 16. RESOLUTION 15735 EXPRESSING AGI~RRMENT AND WILLINGNESS TO FUND THE CITY'S PORTION FOR THE INTERCHANGE IMPROVEMENTS OF TRLRGRAPH CANYON ROAD AND STATE ROUTE 805 - Improvements at 1-80S and Telegraph Canyon Road interchange are a condition of Sunbow lI Minutes Page 6 duly 24, 1990 development. Phase I of the subject interchange improvements are to be shared by the State and the City. CalTrans will need the proposed resolution to finish the project report to fund, design and construct this phase of the project. Staff recommends approval of the resolution. (Director of Public Works) ]dl~ ~ (~ 17. RESOLUTION 15736 ACCIFFING PUBLIC IMPROVEMENTS, BON1TA LONG CANYON UNIT NUMBER FIVE - Bonita Long Canyon Parmership has completed the requirements for public improvements for their Bonita Long Canyon No. 5 subdivision. The improvement agreement was approved by Council on 11/24/87. Staff recommends approval of the resolution. (Director of Public Works) }4o t~ ~, Councilman Malcolm stated he would vote no on this item as he did not feel the Council had the expertise to know whether the public improvements were done right. 18. RESOLUTION 15737 ACCEPTING PUBLIC IMPROVF_~, BONITA LONG CANYON UNIT NUMBER SIX - Bonita Long Canyon Partnership has accomplished the requirements for public improvements for their Bonita Long Canyon No, 6 subdivision. The improvement agreement was approved by Council on 12/1/87. Staff recommends approval of the resolution. (Director of Public Works) Iq~ Councilman Malcolm stated he would vote no on this item as he did not feel the Council had the expertise to know whether the public improvements were done right. 19. RESOLUTION 15738 APPROVING THE SUBMI'I'I'AL OF APPLICATION FOR STATE-LOCAL TRANSPORTATION DEMONSTRATION PROGRAM (SENATE BILL 300) SECOND CYCLE FUNDS - Senate Bill "/ 300 created the Transportation Demonstration Program to identify and construct locally supported projects ~j with a minimum of State planning and review. Staff has prepared an application package to CalTrans, and on 6/29/90 submitted said package. In order that the application for State-Share Funding be considered, a Council resolution approving submittal of the application is required. Staff recommends approval of the resolution. (Director of Public Works) Iq~f 20. RESOLUTION 15739 DENYING REFUND REQUEST BY UNOCAL FOR ITS STATION AT 1495 EAST 'I-1' STREET - In October 1989, UNOCAL submitted plans to build a service station at the northwest comer of East "H" Street and Otay Lakes Road. UNOCAL has requested a reduction in the prescribed fees (Transportation Development Impact Fee [DIF] which is based on acreage of the property), based on a study done in 1987. In accordance with Ordinance No. 2251, any variation from the prescribed DIF must be considered by the City Council. Staff recommends Council deny the request for the subject reduction and approve the resolution. (Director of Public Works) Pulled from the Consent Calendar Cliff Swanson, City Engineer, stated that staff strongly recommends denial of the request. Councilman Malcolm questioned the intent of the Chair regarding the public participation by Unocal. He stated he had read the report and information submitted by Unocal and felt a five minute presentation was sufficient. Councilman Moore agreed because all speakers were representing Unocal. The item was not a public hearing but on the Consent Calendar and he felt it appropriate to limit the time. Minutes Page 7 July 24, 1990 Howard J. Silldoff, 1810 State Street, San Diego, California 92101, Attorney for Unocal, requested that all parties be allowed to speak. He stated the issue should have been scheduled as a public hearing and has been continued numerous times. Councilman Moore questioned why this should have been a public heating. City Attorney Boogaard stated there was no reason for the item to be a public hearing as it was a request to waive fees. The ordinance does not require a public hearing. Mayor Cox stated ten minutes would be allotted to the speakers. Mr. Silldoff stated they were contesting the transportation fee and stated staff would not reduce the fees for passer-by trips as there is a contention by staff that the fee has already been reduced for the passer-by trips. He then stated there was an inconsistent base for data. According to their data, they felt Unocal was due a refund of $33,766.38 for the transportation fee. Erik Basil, 1810 State Street, San Diego, California, Attorney representing Unocal, stated the SANDAG figures are accurate. The cities of Oceanside, earlsbad and San Diego have acknowledged this fact and this number · is not compensated by passer-by trips. The City of Chula Vista has agreed that 30% of the trips experienced by the service station are generated by the station and they are requesting a reduction in the traffic signal fee pursuant to that. The ITE study in which SANDAG publishes the figures, include self service stations along with those that have senrice bays. Therefore there is a replicatlon of trips, he felt they were being double billed and therefore requested a reduction in the fee. Gerry Machinski, 3846 Garfield Street, Carlsbad, California, Construction Engineer representing Unocal, reviewed the average number of trips and jobs for a station with four senrice bays. Richard Zanoni, 1824 Aitozano Drive, El Cajon, California, Real Estate Representative for Shell Oil, stated he did not have any projects in Chula Vista, but expressed his concern over the way ADT's were figured by this City and several others. He urged Council to reconsider the way these are calculated and supported the speakers from Unocal. Councilman Malcolm questioned how many people go through the Shell station on ~H" Street. Mr. Zanoni responded that they do approximately 250,000 gallons per month, with the average fill-up of approximately ten gallons. Councilman Malcolm felt fees should be waived for those organizations that do great services for the community. He responded that staff had discounted the passer-by too much. Councilman Moore felt all the statistics should be reviewed. City Attorney Boogaard stated there had been new information presented tonight that was not the subject matter discussed in the meeting with Unocal, and he requested that in lieu of the proposed resolution, the item be referred back to staff for further study and to evaluate the matter with the Unocal people with a full report back to Council. MS CMoorefivlcCandliss) refer back to staff for a report back to Council. Mayor Cox stated the handout and Page 2 of the staff report contain mathematical errors. He requested that the information be reviewed and corrected before coming back to Council for review. Minutes Page 8 3uly 24, 1990 VOTE ON MOTION: approved 4-0-1 with Councilman Nader absent. 2 l. RESOLUTION 15740 ~ING CONT[LACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE YOUTH COUNSELING AND TRAINING AND SUPERVISION TO GANGS AND GRAFFITI PROGRAM - Since FY 1985-86, the City has contracted with South Bay Community Services to provide juvenile counseling services. This contract is recommended to be extended through FY 1990-91 and will include funds for the Youth Service Bureau, the enhancement to the runaway and homeless program (as a juvenile prostitution diversion) and support for the State funded Gangs and Graffiti Program. Staff recommends approval of the resolution. (Director of Public Safety) /qO ~7/ 22. REPORT OUTLINING VARIOUS RECOB/HVlENDATIONS REGARDING THE SUNNYSIDE SADDLE CLUB AND EQUESTRIAN RING OPERATION - Council at it 5/8/90 meeting, directed staff to evaluate the liability insurance limit for the Sunnyside Saddle Club's Facility Use Agreement. Staff recommends Council accept the report. (Acting Director of Parks and Recreation/Director of Personnel) Pulled from Consent Calendar Councilman Malcolm questioned when staff would be ready with an answer if the report was again continued. Diana Levin, Risk Manager, stated she had never been involved in a u'ansaetion such as this and did not know how long it would take. City Attorney Boogaard stated a non-profit association could be created or use the Sunnyside Saddle Club as the recipient entity to receive tide. He felt it would take approximately thirty days to study this, create an entity and do the deed transfer that is being considered. Councilman Malcolm expressed his concern over the number of times this has been before Council and the public has had to appear. He liked the innovative approach and complimented staff but felt Council should come up with a concrete answer tonight. Mayor Cox questioned whether this alternative had been discussed with the representatives from the Saddle Club. City Attorney Boogaard stated he had been working with the Risk Manager only. Ms. Levin stated it had been discussed with the Club in a cursory way. She noted there was a alternative to this recommendation, which would be to make improvements to the area and allow the Club to operate with $1 million coverage (Alternative #2). Councilman Malcolm felt it would be cheaper for the City to pay for the insurance than to pay for the improvements and supervision. Ms. Levin stated staff did not recommends supervision at all times, and noted staff would have to do periodic checks of the facility. Mayor Cox questioned the liability of the equestrian trails versus the ring. Ms. Levin stated the main difference was that the trails were maintained by the City of Chula Vista where the ring and the area surrounding it are not. The ring is a large open area that is bordered on two side by Page 9 July 24, 1990 jogging trails, which results in two activities that are not compatible with each other. If something is done to close off the equestrian area, she felt there was a much more safe environment. The City already has a liability by allowing hones on the jogging trails. Councilwoman McCandliss felt the situation was fairly straight forward. The choices were to allow them to continue with $1 million insurance and use the ring during their performance, and if the public is not to be involved, padlock the gates during other times. If the City wants the public to enjoy the facility, then Council has to make sure there are improvements, make sure it is monitored periodically, and then the responsibility resides with the City. ~-. MS (M_alcolm/McCandliss) to accept the $1 mnllon liability policy by the Sunnyside Saddle Club and have staff bring back alternatives wirhln the next 12 months for x~view by Council. Councilwoman McCandliss requested that staff be also advised to begin immediate maintenance on the facility to reduce the City's liability. Councilman Moore questioned whether the Club utilized the facility other than for the seven events that are held and what the other activities would be. He also noted it would appear that approximately one-fifih of the Club's membership were residents of the City. He stated Council had a policy which stipulates that the City does not subsidize an entity unless the membership is 50% or more of City residents. Councilman Malcolm stated the City had the responsibility of maintaining the facility because it is open to the public. Allen Insko, 2935 Via Del Caballo Blanco, Bonita, California, stated clinics were held along with parties organized for clean-up of the facility. He felt approximately 90% of the usage involved horses. The ring itself is used on a daily basis by someone, they are not all members of the Club. He spoke on behalf of the Staff recommendation of Alternative #2 as he felt it would meet the Club's needs. He stated the word "lease" should be changed to a "use agreement" as the Club was a non-profit organization. He also felt the parking and staging area was vital to the Club and their activities. Mayor Cox stated it was his understanding that under the motion currently on the floor, the City would proceed to do minimal maintenance of the ring to keep it in safe condition, with a report coming back within the next twelve months that would address the other alternatives. He felt the report should also address what other types of improvements should be done to make the facility safer. Councilman Malcolm stated he hoped staff would continue to work with the Club. He felt this was a "community project and expected the Club to work towards this also. He felt the report should include other ideas, costs to maintain, what is being done on an ongoing basis, etc. Councilwoman McCandliss questioned whether the liability insurance covered participants. Ms. Levin stated it would be the same as their current policy which did not cover participants. She did not feel the Club could obtain a policy that covered participants. Councilwoman McCandliss felt there should be a "use agreement', and if a fee was appropriate, she felt it should be charged. She noted there would be a change in the way things have been done in the past. In recognizing the liability, she wanted it understood that the revenues of the City were not being compromise& Minutes Page 10 3u]y 24, 1990 Waiter Rose, 5237 Nanneffe Street, Bonita, California, stated the environment of a parade is totally different than activities held in a ring, with the ring being much safer. Anna Ewers, 2920 Briarwood Road, H-5, Bonita, California, stated the Club roster consists of only those who participate in the horse shows. It is not representative of the number of residents that utilize the ring at other times. She noted the City owns the land, but the Club has put in all the improvements including landscaping. Priscilla Hamilton, 1424 Oleander Avenue, Chula Vista, California, stated she was very pleased to hear the Council's comments tonight. She realized the liability was a problem regarding the joggers and riders. She questioned what the direction was for the rest of the area, i.e. parking lot, drainage ditch, possible removal of the eucalyptus trees, etc. Mayor Cox stated he felt the ring was a regional facility such as several of the parks within the City of Chula Vista. He felt it was unique and should be maintained and preserved. VOTE ON MOTION: approved 40-1 with CounrilrnaI1 Nader absent, 23. REPORT GRADING pROCKe~ AND GRADING PLANS ON NEW SUBDMSIONS - During the budget review sessions, the Council requested a report on grading policies and procedures in connection with new subdivisions. City staff has had discussions with the developers regarding this subject and has prepared this report outlining procedures, policies, ordinances, and regulations. Staff has also tried to address the developer's concerns and reasons for their grading process and has made recommendations so Council will be better prepared on these issues in the future. Staff recommends Council accept the report. (Director of Public Works) Continued from the meeting of july 17. 1990 Jqott3 Councilman Malcolm stated he would abstain from voting on the repor'c due to a possible conflict of interest. 24. REPORT REQ~G AN ALL-WAY STOP AT YALE STREET AND VKSSAR AVENIJE Staff received a request for an all-way stop from Mr. Rowland Gibson. The subject intersection does not meet the minimum requirements to justi~ an all-way stop. Staff recommends Council deny the request from Mr. Gibson. (Director of Public Works) Continued from the meeting of July 17. 1990 25. REPORT ~ HOMEOWNERS ASSOCIATION - ADULT ONLY PARK ISSUE - (Acting Director of Parks and Recreation) Continued from the meeting of July 17, 1990 * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND I~R~ATED RESOLUTIONS AND ORDINANCES 26. PUBLIC HEARING PCZ-90-K-M: ~ INITIATED PROPOSAL TO REZONE CERTAIN TERRITORY, GENFALM~Y BOUNDED BY MAIN si REET, RIOS AVE/M'L1E, AGRICL1LTURAL LANDS ADJACENT TO THE OTAY RIVER VAH,F:Y AT THE SOUTHERN BOUNDARY OF THE (~I-IY AND A LINE THREE HUNDRED TEN FEET WEST OF DATE STREET FROM ITS CITY-ADOPTED COUNTY ZONE '\ CLASSIFICATIONS LrHHZED THROUGHOUT CHULA VISTA - In all cases, the proposed zone amendments Minutes Page 11 July 24, 1990 are staffs best attempt to convert city-adopted county zoning to equivalent city zoning without adversely impacting development capability of the properties. Staff recommends Council place ordinance on first reading. (Director of Planning) Continued from the meeting of july 17, 1990 /~, This being the time and place as advertised, the public hearing was declared open. Tony Latteri, Project Consultant, stated staff was available to answer any questions Council may have. Mayor Cox questioned whether he would be able to participate in voting on this item as he was absent from the meeting last week and had not viewed the tape of testimony given. City Attorney Boogaard informed the Mayor that legally he could participate in the deliberations and voting on this item. Councilman Malcolm stated the public hearing had been continued to this meeting so there would be more Councilmembers present. The Chair last week informed those that spoke that the missing Councilmembers would review the tapes for the testimony given. Councilwoman McCandliss stated the public had been to numerous meetings regarding this item and if Council could dispense with the issue tonight, she felt they should do so. Mayor Cox stated he would absent himself from the item and if the Council chose to do so could pass the item tonight or continue for another week, whereupon he would have the opportunity to review the tape from the 7/17/90 meeting. Councilman Malcolm stated he preferred the Mayor continue to run the meeting and participate in the testimony. If the item was continued for one week, the Mayor would only have to review the tape from the 7/17/90 meeting. City Attorney Boogaard stated the Mayor was not required to absent himself from the dias and could therefore continue to run the meeting, participate, and ask questions. He could then make the determination to remove himself from voting at the end of the public hearing. Art Pino, 336 Palm Avenue, Chula Vista, California 92011, stated the area had been a single family residence and then just before annexation, was rezoned R-15 by the County. He had recommended K-1-5-P zoning as he felt the area should be kept for single family residences. He noted the increased traffic R-2-P zoning would create and felt it would destroy the area. He requested that Council vote after considering the small community that would be affected by the zoning. He felt K-1-5-P would be a compromise between the developers and property owners. Councilwoman McCandliss stated that when votes were cast by Council, they were not voted due to special interests or to do a favor for anyone. Bill Harter, 1104 Helix, Chula Vista, Califomia, property owner, stated the prior zoning was unzoned for many years and the R-V-15 zoning was a county initiated. He stated the area was an older section and was in need of improvement. By giving the property owners the ability to make enough money from something they build to pay for the improvements required, the area would improve. He stated there were only nine parcels in the area that were larger than 1/2 acre. He noted the staff report was in error regarding the number of dwelling units, lots, and subdivision lines. He referenced the petitions that have been sent to Council requesting R-2 or greater zoning. They had been told by staff, in the past, that the zoning would be R-2 only to find the recommendation was R-1-5-P. Minutes Page 12 July 24, 1990 There being no further public testimony, the public hearing was declared closed. Councilwoman McCandliss questioned why staff shifted to Dan Pass, Principal Planner, responded that the original proposal was for R-2-P when it went before the Montgomery Planning Committee and at that time most of the proponents in the audience were for the R-1- 5-P zoning. The Committee approved the R-I-S-P due to the majority of testimony. Subsequent to that action, advanced planning's attention was drawn to the fact that current planning was having considerable technical city planning problems in implementing the R-2-P zoning within this area. He stated the Planning Committee overruled staff and took the R-I-S-P to the Planning Commission. It was after staffs study of the planning problems, that staff reversed their position and adopted a position in concurrence with the Montgomery Planning Committee. Councilman Malcolm stated the only other speaker from last week's meeting was a young woman whose family owned property and was concerned with the reduction of single family lot subdivision they were currently processing and the possible loss of one lot. Staff had responded that a letter was being sent to her allowing the duplex development. Councilman Malcolm questioned whether Council had approved R-2 zoning in the General Plan. Mr. Pass stated the General Plan map called for low-medium density residential zoning. The R-2-P allows duplex housing and the R-I-S-P allows primarily single family dwellings. If two lots are together, 10,000 square feet, it would allow for two single family structures attached together which could be constituted as a duplex in appearance. He stated the problem is not density but land use. Councilman Malcolm responded that he felt Mr. Pass's comments were very subjective. Antonio Castro, 158 Zenith Street, Chula Vista, California, representative from the Montgomery Planning Committee, stated they felt the density was to high for such a small area. He stated the people in the area, almost unanimously, supported improvements in the area and single family residences. Councilwoman McCandliss stated it was clear that there would be a small reduction in the number of units that would be allowed, but the overriding point is the overall character that is to be achieved for the area. She felt the R-I-P set a more ideal land use pattern, and noted the Council had made a commitment to the people of the Montgomery area. Councilman Moore stated there were concerns from two types of property owners, residents and non- residents. He felt returning the area to the original zoning would not have a major impact upon the property owners. ORDINANCE 2383 ,tiPPROVING PCZ-90-K-M (first reading) ORDINANCE 2383 pLAC~.n ON FIRST READING BY COUNCILWOMAN MCCANDLISS, reading of the text was waived. Mayor Cox stated that only one other person had given testimony at last week's meeting, and he was informed that their concerns had been covered in the testimony given tonight. Therefore, he felt able to participate in the voting. He felt the desire to maintain the R-1 orientation of the area was laudable and he would support the motion. VOTE ON MOTION: approved 4-0-1 with Councilman Nader absenL Minutes Page 13 July 24, 1990 27. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE ESTABLISHING A DEVELOPMENT IMPACT FEE FOR TRt.RGRAPH CANYON DRAINAGE FACILITIES - On 1/12/88, the City Council approved agreements with a special consulting team to conduct a feasibility study to finance the Telegraph Canyon Drainage Facilities. At the same meeting, Council also approved a reimbursement agreement with EastLake Development to advance all necessary funding for the study including staff cost. As a result of the study, staff is recommending Council approve the establishment of the proposed fee district under Government Code Section 66000 for Telegraph Canyon drainage improvement and place ordinance on first reading. (Director of Public Works) Continued from the meeting of July 17, 1990 1~ ~7 This being the time and place as advertised, the public hearing was declared open. John Lippitt, Director of Public Works, stated all property owners within the disu-ict had been given a copy of the report. Staff had received a letter from the Baldwin Company and have responded with comments included in the Council packets. Sunbow will be included in the district. Councilman Malcolm stated he would abstain from voting on Ordinance 2384 in order to avoid any possible conflict of interest. There being no public testimony, the public hearing was declared closed. ORDINANCE 2384 ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR DRAINAGE FACILITIES IN THE TRI.RGRAPH CANYON DRAINAGE BASIN (first reading) ORDINANCE 2383 PLACED ON FIRST READING BY MAYOR COX, reading of the text was waived, passed and approved 3-0-1-1 with Councilman Nader absent and Councilman Malcolm abstaining. 28. PUBLIC HEARING THE COMMIJNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING PROPOSED REVISIONS TO THE 1990-91 FINAL STATEMENT AND REPROGRAMMING OF PROGRAM INCOME FROM HOUSING REHABILITATION TO THE PARK DEVELOPMENT PROJECT AT ORANGE AND FOURTH (HERMOSA) AVENUES - HUD reduced the City's entitlement by $12,000 and reclassified Shared Housing as a social service. These changes necessitate revisions to the FY 1990-91 CDBG Final Statement. The CDBG housing rehabilitation fund has program income which is not needed during 1990-91 for housing rehabilitation and is available for reprogramming. Staff recommends Council: 1) accept the report; 2) approve revised budget for the 1990-91 CDBG program and authorize the Community Development Director to transmit a revised final statement to HUD; and 3) reprogram $23S,000 or the current balance from the CDBG Housing Rehabilitation Program to the Park Development project at Orange and Fourth (Hermosa) Avenues. (Director of Community Development) /~ ~8 This being the time and place as advertised, the public hearing was declared open. Chris Salomone, Director of Community Development, reviewed the requirement for the above action from HUD. He felt this would be an exercise in bureaucratic futility, as the City is complying with the standards that HUD has reestablished and is asking HUD to reconsider the entitlement using program income and CDBG rehab funds. Secondly, they are fairly sure that the City will receive the maximum entitlement that Council has already approve& There being no public testimony, the public hearing was declared closed. Minutes Page 14 July 24, 1990 RESOLUTION 15741 APPROVING REVISIONS TO THE 1990-91 COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT; AND APPROVING ALLOCATION OF PROGRAM INCOME FROM HOSING REHABILITATION TO THE PARK DEVELOPMENT AT ORANGE AND FOURTH (HERMOSA) RESOLUTION 15741 OFFI~ED BY COIJNCILMAN MOORE, reading of the text was waived. Mr. Salomone stated there was a portion of the Resolution which allocates program income from Housing Rehabilitation to the park development at Orange and Fourth and he felt a 4/5's vote would be required. Councilman Malcolm stated that the property is within one block of property he has owned since 1978, and even though it does not affect it, he has abstained from voting to avoid any appearance of conflict. Mayor Cox stated the appropriation could be brought back at a later date for a 4/5's vote. VOTE ON MOTION: approved 3-0-1-1 with Councilman Nader absent and Councilman Malcolm abstaining. City Attorney Boogaard stated the appropriation portion of Resolution 15741 would not require a public hearing. 29. PUBLIC HEARING PCZ-90-OM: CITY-INITIATED PROPOSAL TO REZONE CERTAIN TERRITORY, G~Y BOUNDED BY ORANGE A~, MAIN STREET, FOURTH AVENUE AND BROADWAY, PLUS AN ADDITIONAL AREA WEST OF BROADWAY BETWEEN OXFORD S'IREET AND THE SDG&E POWER RIGHT-OF-WAY SOUTH OF PALOMAR STREET, FROM THEIR CH-~t'-ADOPTED COUNTY ZONE CLASSIFICATIONS TO CHY CLASSIFICATIONS UTILIT~F) THROUGHOUT CHULAVISTA - In all cases, the proposed zone amendments are the best attempt to convert City-adopted County zoning to equivalent City zoning, keeping in mind consistency with existing land uses, without adversely impacting development capability of the properties. Staff recommends Council place ordinance on fncst reading. (Director of Planning) /q~ ~ 9 This being the time and place as advertised, the public hearing was declared open. Tony Larteri, Project Consultant, gave an overview of the project. The Montgomery Planning Committee and the Planning Commission have both approved the project. Councilman Malcolm questioned why the 'L" was utilized in the zoning designation. Dan Pass, Principal Planner, stated the designation was invented by the City Council approximately fifteen years ago in order to keep apa, hnent units down to one dwelling unit per 3,500 sq. ft. and allow three stories. He stated there could be an R-3-L-P which would bring the precise plan into being. Councilman Malcolm stated he did not like three story apartment buildings and felt the 'L" would encourage three story buildings. Mr. Pass stated that if the Council was concemed with three stories, he would recommend the equivalent zoning of R-2-P which would allow only two story buildings. The density would be the same with R-2-P zoning and would have to be approved by the Design Review Committee. There being no public testimony, the public hearing was declared closed. ORDINANCE 2387 APPROVING PCZ-90-M (first reading) Minutes Page 15 July 24, 1990 MSC (Malcolm/McCandllss) to amend the ordinance to change the zoning designation of R-3-L to R-2-P. Approved 4-0-1 with Councilman Nader absent. ORDINANCE 2387, AS AMENDED, PLACED ON FIRST RFADING BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilman Nader absent. 30. PUBLIC HEARING PCS-90-8: CONSIDERATIONOFATENTATIVESUBDIVISIONIv!APKNOWN AS FAIRWAY VILLAS, CHUIA VISTA TRACT 90-8, LOCATED AT THE SOUTHEAST QUADRANT OF EASqIAKE PARIC~AY AND OTAY lAKES ROAD - CENTURY ANIERICAN CORPORATION - The applicant proposes to subdivide 14 acres into 158 tinits of six resident]a] lots and two open space/recreation lots which total 5.3 acres and make all required public improvements. In addit]on, two streets within the Greens are proposed to be renamed. Staff recommends approval of the resolution. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. Robert Leiter, Director of planning, reviewed the project. The Design Review Committee had reviewed and reduced the yield by three units. The final plan resuked in a yield which is 21 units under the mid-point established in the SPA plan. Staff has recommended approval with conditions and the Planning Commission has recommended approval subject to conditions. Michael Prins]ow, 23421 South Pointe, Suite 200, Laguna Hills, California, Project Manager representing ]2eninry American, spoke in favor of the staff recornnlendation and agreed to the conditions as set by staff. There being no further public testimony, the public hearing was declared closed. A. RESOLUTION 15742 APPROVING PCS-90-8 B. RESOLUTION 15743 APPROVING PC1VI-91-1 RESOLUTION 15742 AND 15743 OFI.'FJ, ED BY MAYOR COX, reading of the text was waived. Councilwoinan McCandliss stated that when Council exempted EastLake Greens from the Growth Manageinent Element, it was a breach in faith to the community. As a result of that, she could not support the resa]utions. Councilman Ma]ca]m questioned whether the project violated any of the thresholds. Mr. Leiter stated they did not, and noted there was a condition that required the project meet all threshold standards. VOTE ON MOTION: approved 3-1-1 with Count/]woman McCandliss voliqg no and CounciL'nan Nader absent. OTHER BUSINESS 31. ORAL COMMUNICATIONS a, Antonio Castro, 158 Zenith SWeet, Chula Vista, California, stated he was before the Council as a private citizen and wanted to point out a problem that had existed for the last several years on Main Street Minutes Page 16 July 24, 1990 in the Otay area. He stated the automobile storage facility, Abre Towing, has conducted numerous auto auctions which clog local streets in the area (Albany and Zenith Su'eets). He felt this created a dangerous situation for the residents and school children and felt it had become a public nuisance. 7qb,~l Mayor Cox stated he had been contacted by a property owner in the area regarding a similar type of problem. MSC (Cox/McCandliss) to direct staff to review the particular site Mr. Castro has identified and also 3650 Main Street for potential code violations with a report back to Council. Approved 4-0-1 with Councilman Nader absent. b. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, expressed his concern over the approval of the transfer of a cardroom license. He felt the cardrooms should be closed within the next few years. He also stated there was nothing to stop Sunbow or EastLake from moving forward with a reverse-osmosis or a desalination plant which would benefit the City of Chula Vista and San Diego County. He requested that staff look into this and work with the developers toward this project. /4~8 ~ Councilwoman McCandliss questioned whether the Water Task Force had been formulated. City Attorney Boogaard stated he was forming the Task Force and it would be before Council within the next few weeks. MSC OVlcCandliss/Cox) to refer this issue to the Water Task Force upon their formation. Approved 4-O-1 with Councilman Nader absent, 32. ITEMS PULLED FROM THE CONSENT CAT.I~NDAR (Items 5b, 6, 9, 20, and 22) Minutes reflect the published agenda order. 33. CITY MANAGER'S REPORT(S} a. Scheduling of meetings - no report. 34. MAYOR'S REPORT(S) a. Ratification of Appointments to Boards and Commissions International Friendship Commission: Dolores Brines Resource Conservation Commission: Joe Ghougassian MSC (Malcolm/Moore) to approve the ratification of Dolores Brines and Joe Ghougassian, approved 4-O-1 with Councilmen Nader absent, Noted the outrigger canoe race and the Little America's Cup One-On-One Race that was held in the Chula Vista harbor area. He felt the exposure given to the City due to these events was significant. Acknowledged the volunteer efforts put forth by citizens for the Nature Interpretlye Center. Reminded the Council and public that on Sunday at 7:30 p.m. at the entrance of the boat launch area, the San Diego Pops will be in concert. Minutes Page 17 July 24, 1990 There is a briefing on Wednesday at 4:45 p.m. in the Council Chambers on the Nautical Activity Center which will be open to the public. The San Diego Unified Port District approved $15,000 toward the IOK race that will be held in the City of Chula Vista - scheduled on October 21st (Chula Vista Classic). It has been designated as the ESPN race for the month of November. The Port District also approved the agreement for revenue sharing with the City of Chula Vista. It will still have to be reviewed by the State Attorney General, bur if ultimately approved it could result in a reimbursement of over $600,000 per year. Mayor Cox acknowledged the work done on this agreement by the City Manager and staff and felt the City of Chula Vista had taken the lead on this issue. 35. COUNCIL COMMENTS a. Councilman Malcolm: Consideration of four-way stop signs at the intersection of Oxford and Oleander. Stated a letter had been received from residents of the area requesting a four-way stop. '14t°8~ MSC GVIalcolm/Moore) refer to Safety Commission the request for 4-way stop at intersection of Oxford and Oleander, staff is to notify the residents. Appmved 4-0-1 with Coullcflrnan Nader absent. b. Councilman Moore: Regional Clean Water Program - the group has met and have come up with who will be on the committee, how the votes will be weighted, etc. The 'Neighborhood Watch Committee has organized a number of garage sales in hopes of neighbors getting to know each other. They are also promoting the CAT program (Catch A Thief). ADJOURNMENT The meeting adjourned to a joint City Council/Redevelopment Agency meeting at 9:50 p.m. to discuss: 1. RESOLUTION 1103 CERTIFY[NGCOMPLETIONOFWORKFORPARKWOODSATTHEVIILAGE RESIDF24TIAL DEVELOPIVIENT AT FOURTH AVENUE AND CENTER sfREET - Continued from the meeting of July 17, 1990 The joint City Council/Redevelopment Agency reconvened at 9:55 p.m. to a closed session to discuss: Instruction to negotiators regarding compensation for represented and unrepresented employees (or both), City Clerk and Depa, hnent Heads pursuant to Government Code Section 54957.6. Insreaction to negotiators regarding potential sale of property pursuant to Government Code Section 54956.8 - southeast comer of Fifth Avenue and 'C S~eets (City of Chula Vista, owner) Potential acquisition of property pursuant to Government Code Section 54956.9 - 4S9 F Street (Mr. and Mrs. Ignacio Adamo, owner) Minutes Page 18 July 24, 1990 Threatened Litigation and Property Disposition pursuant to Government Code Section 54956.9(a) and 54956.8 - Cable Television Franchise to Jones Intercable ADJOURNMENT AT 10:35 to the Regular Council Worksession on July 26, 1990 at 4:00 p.m. in the City Council Conference Room. Respectfully submitted, BEVERLY A. ALrrHELET, CMC, City Clerk Vicki C. Soderquist, Deputy~;'i~ Clerk