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HomeMy WebLinkAboutcc min 1986/05/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, May 13~ 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore, Campbell, McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of April 24, 1986 MSC (Moore/McCandliss) to approve the minutes (Councilman Campbell abstained due to his absence from that meeting). 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION DECLARING THE WEEK OF MAY 11, 1986 AS "SISTER CITIES INTERNATIONAL WEEK" Mayor Cox presented the Proclamation to June Brines. b. PROCLAMATION DECLARING THE WEEK OF MAY 18 THROUGH MAY 24, 1986 AS "NATIONAL PUBLIC WORKS WEEK" The proclamation was presented by'Mayor Cox to John Lippitt, Director of Public Works/City Engineer. c. PRESENTATION - 1985 CIVIC REGOGNITION AWARD Mayor Cox presented this award to Robert Sutherland, representing McDonald's Corporation, for his contributions to the community. 3. WRITTEN COMMUNICATIONS a. CLAIMS AGAINST THE CITY - Linda L. Bessemer, %Glen M. Birch, Attorney at Law, 1196 Third Avenue, Suite 206, Chula Vista 92011 Minutes - 2 - May 13, 1986 A Claim was filed on behalf of Mrs. Bessemer's daughter in the amount of ~25,000, associated with an accident at the Chula Vista Municipal Pool. Frank E. Ferreira, %Michael B. Poynor, Esq., Sternberg, Eggers, Kidder & Fox, 225 Broadway, Suite 1900, San Diego 92101 The Claim alleges Mr. Ferreira's property was damaged in the amount of $1,000,000 in connection with the development and construction of public improvements in the area of 260 Bonita Glen Drive. MSUC (Campbell/McCandliss) that the claims be denied. b. REQUEST FOR RECONSIDERATION OF COUNCIL SUPPORT OF ORANGE TREE MOBILEHOME CLUB CONVERSION - Anne H. Stewart, 521 Orange Avenue, Sp. #18, Chula Vista 92011 Several letters have been received from residents of the Orange Tree Mobilehome Club, with each letter addressing similar issues surrounding the sale of this park. The City Council has taken certain action in this matter that has set the stage for sale of the park, but also that Council action has established some rules and regulations that must be adhered to by mobile home tenants in general. The City Manager recommended these letters, as well as other concerns being expressed by park tenants, be referred to staff for review and further discussions with the writers. Anne Stewart appeared before the Council to discuss the following: mobilehome park will be registered as a non-profit organization; questioned the Association's not making money; Sections 13.51 and 13.67 of the Civil Code gives the public power to file liens; homeowners stand to lose homes if they cannot pay the assessments to be levied against their properties; grant deeds for air space; loan commitment has been received from the Bank of America; impossible to maintain rents at $298 for three years if ~30,000 was due for each 6 month period; homeowners are apprised wafter the fact" of issues relating to this situation. In response to Councilwoman McCandliss' concern, Assistant Community Development Director Gustafson stated staff attends all weekly meetings at the park to monitor this situation. MSUC (Cox/McCandliss) to accept the staff's recommendation and report back in 2 weeks (May 27). Minutes - 3 - May 13, 1986 c. REQUEST FOR ASSISTANCE TO MITIGATE ERRANT GOLF BALL PROJECTILES PROBLEM AT CHULA VISTA MUNICIPAL GOLF COURSE - Gary A. Macklet, Property Management Associates, 3936 Hortensia Street, San Diego 92110 It was recommended that this letter be referred to staff for their review and discussion with the management agent for the La Bonita Owners Association. In response to Councilman Malcolm's question, the City previously had a concern over the jogging trails and liability to the City as a result of this continuing problem. MSUC (Malcolm/Moore) to refer this to staff per their recommendation. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING APPLICATION FOR 1986-87 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR (Continued from May 6, 1986)(Community Development Director) RESOLUTION 12467 APPROVING BLOCK GRANT APPLICATION AND ASSOCIATED DOCUMENTS FOR 1986-87 PROGRAM YEAR This being the time and place as advertised, Mayor Cox declared the public hearing open. Community Development Director Desrochers, in his written report, stated under the Community Development Block Grant Program, the City is entitled to ~720,000 in FY 1986-87. A process has been undertaken to solicit proposals for projects eligible for funding under the Block Grant regulations, and a 1986-87 Block Grant program is recommended. Associated documents have also been compiled. The public hearing must now be conducted in order to consider and approve the application and the Statement Community Development Objectives for the 1986-87 Block Grant program year. Block Grant funds in the amount of ~975,888.17 will finance the approved projects, of which ~720,000 is the 1986-87 entitlement amount and $255,888.17 is excess or reprogrammed funds from previous years. These excess funds are listed below. No general funds will be involved. The Human Relations Commission chose ten social service projects to recommend for funding and decided on the recommended level of funding for each project. Minutes 4 - May 13, 1986 FUND/ACTIVITY YEAR PROJECT# ACTIVITY AMOUNT 81/82 630-6300-BG108 Economic Development ~ 4,467.81 82/83 631-6310-BG150 Economic Development 15,915.57 84/85 633-6330-BG150 Economic Development 10,637.79 85/86 634-6340-BG150 Economic Development 60,000.00 SUBTOTAL $91,021.17 85/86 634-3440-BG124 Harborside Drainage ~36,223.50 Payback 85/86 634-6340-BG131 Administration 74,750.00 85/86 634-6340-BG155 Home Depot Utility 33,000.00 Undergrounding 82/83 631-6310-BG149 South Bay Pioneers $17,634.63 84/85 633-6330-BG149 South Bay Pioneers 36,719.56 SUBTOTAL $54,354.19 85/86 Letter of Credit Decrease ~-33,460.69 Assistant Community Development Director Gustafson explained the hearing was continued in order to apprise the public of staff's recommendation; the hearing was required by the Department of Housing and Urban Development (HUD); the CDBG application will be submitted to HUD for approval after City Council's approval; contracts will be brought back to Council for approval of the various social service agencies approved this evening; noted the complexity of preparing this application; CDBG funding has been cut almost 30% this year; many worthy projects could not be recommended for funding. In answer to Councilwoman McCandliss' question, Donna Maddy, representing Slingerland, indicated the program is run through the church and funding would cover the cost of insurance to hold classes in the church; noted the $6 fee-per-class pays for teachers' services; ten students enrolled per class; large number of referrals are made by the school system; $6 is not a flat rate the rate is adjusted (~2, ~3 and ~4) for students requiring a discount; the donation by the City goes towards making up for the percentage low-income citizens cannot afford. The following individuals addressed the Council to encourage CDBG funding of their programs: Fred Drew, 1275 Banner Avenue, Chula Vista 92011, Woodlawn Park Civic League; Evelyn Gillespie, 4052 Main Street, Chula Vista 92011, Woodlawn Park Civic League; Philip Scheuer, 1319 Costa Avenue, Chula Vista 92011; Esther Amaral, 399 Inkopah Street, Chula Vista 92011, South County Minutes - 5 - May 13, 1986 Council on Aging (Shared Housing); Grace Rice, 591 Camino de la Reina, Suite 1005, San Diego, Resident Relations Foundation; June Brines, 385 Palomar Drive, Chula Vista 92011, Jobs for Youth; Ana Maria Jaramillo, 1671 Albany Avenue, Chula Vista 92011, Otay Community Center/MAAC Project; Carol Hummel, San Diego 92154, Lutheran Social Services; Linda Walker, 571 Third Avenue, Chula Vista' 92010, YMCA Family Stress Center; Kathryn Lembo, 406 Third Avenue, Chula Vista, South Bay Community Services; Alex Pressutti, 917 Nolan Way, Chula Vista 92011, Chula Vista Commission on Aging; Maggie Helton, 162 Mankato Street, Chula Vista 92010, Commission on Aging. There being no further testimony either for or against, the public hearing was closed. Councilman Malcolm' expressed concern that the City should not be in the social service funding business; funding social service organizations may be a duplication of State and County effort; concern that organizations for youth (ages 17 and under) are not adequately funded; questioned whether some of the projects are better than the City providing services to the public; the City should do more for youth; competition among social service programs; would like to see the City Council utilize all CDBG monies for capital improvements; existing CDBG policy should be reviewed. Councilwoman McCandliss commented that the application provides for funding for a good mix of senior, family and youth services; programs, to a great extent, have a good track record; some organizations should not be funded yearly without some type of competitive review by the City; noted recreational services provided by the City; discussed proposed five-year plan on aging. City Manager Goss pointed out that it is at the discretion of the City Council to allocate 15% of the Block Grant entitlement toward social services. Regarding Councilman Malcolm's request that all CDBG funding go toward CIP projects, City Manager Goss pointed out the deadlines required by other agencies and HUD for Council's approval of this application. Assistant Community Development Director Gustafson explained the time constraints for filing the Federal application if the City is to receive funding by July 1. If HUD does not receive the application for their 60-day review period, some organizations will be in jeopardy of losing funding necessary by July 1. Council discussion ensued regarding the criteria for use of CDBG funding; changing City's CDBG funding policy during the funding process; policy change should be reviewed in conjunction with applications submitted for the next funding year; CIP budget review is scheduled for June 9 and tour of CIP projects on June 7; coordination of prioritizing projects be presented to the County; funding policy should be expanded by the City; schedule Council Conference (workshop) for modifications to policy. Minutes 6 May 13, 1986 RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved. (Councilman Malcolm opposed.) MSUC (Cox/Malcolm) to schedule the funding policy that we have now for social services organizations as they relate to Community Development Block Grants for a Council Conference (in the next two months). MSUC (Moore/McCandliss) to direct the City Manager to include in the budget process an increase in the Commission on Aging's study fund and verbiage to include other potential social needs. 5. PUBLIC HEARING PCM-86-11 - AMENDMENT TO OUT-PARCEL #4 LOCATED WITHIN EL RANCHO DEL REY SPECIFIC PLAN AREA - CITY COUNCIL INITIATED (Continued from January !4, 1986)(Director Of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. The property owner has again requested a continuance of this hearing based upon pending litigation over the legal title to the property. Planning and engineering studies are expected to take 60 to 70 days; thus, it was requested the hearing be continued. MSUC (Malcolm/Moore) to continue the public hearing to September 16, 1986. 6. PUBLIC HEARING ENTERING INTO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH KIDS UNLIMITED FOR THE SALE AND DEVELOPMENT OF CITY PROPERTY (Continued from April 22, 1986)(Community Development Director) This being the time and place as advertised, Mayor Cox declared the public hearing open. It was recommended this hearing be continued to accomplish the required processing and negotiations necessary prior to the sale of this property. MSUC Malcolm/McCandliss) to continue the hearing to June 24, 1986. 7. PUBLIC HEARING ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN SPECIAL ASSESSMENT DISTRICT 85-2 (Director of Public Works/City Engineer) a. RESOLUTION 12468 'ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S "REPORT" IN A SPECIAL ASSESSMENT DISTRICT Minutes 7 May 13, 1986 b. RESOLUTION 12469 APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN AN ASSESSMENT DISTRICT c. RESOLUTION 12470 CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" d. RESOLUTION 12471 AWARDING THE CONTRACTS FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT e. RESOLUTION 12472 MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Public Works/City Engineer Lippitt explained this was a continuation of the Assessment District 85-2 proceedings for providing a portion of the water, sewer, and street facilities in the EastLake development. In addition to the resolutions which are before the Council, this is the public hearing on protests or objections to the Engineer's Report and other matters relating to Assessment District 85-2. City Attorney Harron advised that any items pertaining to the EastLake development would be reviewed on a case-by-case basis for a possible conflict of interest by the Mayor of Councilman Malcolm and he will be providing advice to Council on this matter F. MacKenzie Brown, Special Counsel for the project explained the procedure for the special assessment district. Director of Finance Christopher reported the City received 5 bids for the assessment district bonds in which the City probably received the lowest interest rate for this type of financing AS a result of the bid openings, the sale of bonds has been awarded to Prudential-Bache Securities, Inc. for a net interest rate of 8.48%. City Clerk Fulasz noted no written protests have been received on the special assessment. There being no further testimony either for or against, the public hearing was closed. RESOLUTIONS (a through e) OFFERED BY COUNCILMAN MALCOLM, the reading of the texts was waived by unanimous consent, passed and approved unanimously. Minutes - 8 - May 13, 1986 8. PUBLIC HEARING GPA-86-5: CONSIDERATION OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE CHULA VISTA GENERAL PLAN DESIGNATING APPROXIMATELY 44 ACRES LOCATED ON THE SOUTH SIDE OF THE OTAY RIVER AND IMMEDIATELY WEST OF 1-805 AS "AGRICULTURE & RESERVE" - CITY OF CHULA VISTA (Director of Planning) RESOLUTION APPROVING AN AMENDMENT TO THE LAND USE ELEMENT BY DESIGNATING APPROXIMATELY 44 ACRES OF TERRITORY SOUTH OF THE OTAY RIVER AND WEST OF 1-805 AS "AGRICULTURE & RESERVE" The City of Chula Vista has filed annexation applications with the Local Agency Formation Commission (LAFCO) to annex territory within the Otay Valley which is presently located within the jurisdictional boundaries of the City of San Diego west of the 1-805 freeway. These territories lie within the boundaries of the approved Chula Vista Sphere of Influence Plan. The Chula Vista General Plan has not designated the land uses for the territories lying south of the Otay River in the Otay Valley which are within the approved Sphere-of-Influence boundary. The designation of these territories must be accomplished in order that the annexation process may continue. The project is exempt from environmental review as a Class 19 exemption. On April 9, 1986, the Planning Commission recommended the 44 acres be designated as "Agricultural & Reserve" on the Land Use Element of the General Plan in accordance with Resolution GPA-86-5. Director of Planning Krempl explained this is the third of five potential reorganizations to be filed with the City of San Diego along the Otay River Valley. In answer to Councilwoman McCandliss' question, Director Krempl explained the theory was to designate the floodway as parks and open space. Staff feels more flexibility would be provided by designating the property outside the floodway as agriculture and reserve--a more detailed study will be prepared and included in the General Plan update. Mayor Cox, noting the similarities between the public hearings on Items 8 and 9, suggested the hearings be combined. 9. PUBLIC HEARING PCZ-86-C: CONSIDERATION TO PREZONE APPROXIMATELY 98 ACRES OF TERRITORY LOCATED BETWEEN 1-805 AND RIOS AVENUE AND BETWEEN RANCHO DRIVE AND THE NORTH FACING SLOPES OF THE OTAY VALLEY TO A-8 (AGRICULTURE) AND F-1 (FLOODWAY) ZONES - CITY OF CHULA VISTA (Director of Planning) Minutes 9 May 13, 1986 ORDINANCE 2149 APPROVING THE PREZONING OF 98 ACRES LOCATED BETWEEN 1-805 AND RIOS AVENUE AND BETWEEN RANCHO DRIVE AND THE NORTH FACING SLOPES OF THE OTAY VALLEY TO A-8 AND F-1 - FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. The City of Chula Vista has filed applications with the Local Agency Formation Commission for the purpose of annexing territory presently located in the City of San Diego and within the boundaries of the approved Sphere of Influence for the City of Chula Vista. The area must be prezoned before the annexation applications can be processed and considered. The project is exempt from environmental review as a Class 19 exemption. On April 9, 1986, the Planning Commission recommended that the City Council enact an ordinance to prezone said 98 acres in accordance with Resolution PCZ-86-C. The following individuals opposed the reorganizations: Ruth Schneider, 1042 Piccard Avenue, San Diego 92154, representing the Otay Mesa Homeowners Community Council and the Otay Mesa/Nestor Community Planning Committee; Paul Clark, San Ysidro 92073; Art $chilling, 601 Twining Avenue, San Diego 92154; Gary Chester. Their concerns were as follows: the area in question has no representation on the City Council of San Diego; residents are inundated by developers wishing to condemn their property; many homes on the mesa contain cracked slabs; area will be needed for some type of industrial use in the future; residents will be needing land for tax base; Chula Vista's budget cannot afford additional police and fire protection for the area; area contains highest unemployment rate in the City of San Diego; tired of trade-offs; suggested land be returned to its natural state. There being no further testimony either for or against, the public hearingS~losed. Council discussion followed concerning Council's lack of knowledge of annexation proceedings for the area west of 1-805; poor route for access to be coming through the City of San Diego; cannot support annexation west of 1-805 when residents are opposed; coordinate planning by having both sides of the river valley in the same jurisdiction for flood control purposes. In answer to Councilwoman McCandliss' question, City Attorney Harron stated by giving the flood plain designation, there is some conceivable private use of the property. Once "Parks and Open Space" is designated, it is a public use. If development plans Minutes - 10 May 13, 1986 are submitted, and those plans are denied, it automatically forces a "taking" of property. Therefore, zoning sets up the step where property owner has the power to force the City into an inverse position. It was moved by Councilwoman McCandliss that resolutions on items 8 and 9 be amended to include pre-designation of the property to "parks and open space." The motion died for lack of a second. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved, by the following vote: AYES: Cox,'Moore, Campbell NOES: McCandliss, Malcolm ABSTAIN: None MSC (Cox/Moore) to place the ordinance on First Reading, the reading of the text was waived by unanimous consent, passed and approved. (Councilwoman McCandliss opposed.) 10. ORAL COMMUNICATIONS a. Ruth Chapman, 8 Sierra Way, Chula Vista, commended the Public Works crews for their excellent service to Country Club Lane. In addition, she suggested in lieu of the Fiesta de la Luna Parade, the City should consider a "parade of winners." b. Charles Rolf expressed concern regarding the authority of the Montgomery Planning Committee and suggested that a moratorium be declared on this Committee before any further action is taken. City Manager Goss pointed out that the Montgomery Planning Committee has no authority to expend monies and their capacity is as an advisory Committee to the City Council, who makes the ultimate decisions. The Council recessed at 9:45 and reconvened at 9:54 p.m. CONSENT CALENDAR (11 23) Items 13, 16, 17, 18, 19, 20, 21, 22, 23 pulled. MSUC (Malcolm/McCandliss) to approve the Consent Calendar. 11. RESOLUTION 12474 APPROVING THE ISSUANCE OF ~38,655,000 BAYFRONT/TOWN CENTRE REDEVELOPMENT PROJECT 1986 TAX ALLOCATION BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (Community Development Director) Minutes 11 - May 13, 1986 On Thursday, May 15th, the Agency will receive bids relative to the sale of $38,655,000 in Bayfront/Town Centre Tax Allocation Bonds. The sale was authorized by action of the Agency in March of this year. While all the documents relative to the sale will be handled by the Redevelopment Agency, State law requires that the City Council be apprised of the issue and concur in the sale. 12. RESOLUTION 12475 ACCEPTING INFORMAL BIDS AND AWARDING CONTRACT FOR PAINTING THE EXTERIOR AND INTERIOR OF THE LIBRARY (Building & Housing Director/Library Director) Informal competitive bids were received and opened on May 6, 1986 for painting the exterior and portions of the interior of the Library building. The recommendation was to award the contract in the amount of $19,792 to Ledford Painting. 13. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) FOR THE LEASE OF CERTAIN PROPERTY IN EUCALYPTUS PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks & Recreation) Pulled from Consent Calendar. 14a. RESOLUTION 12476 ACCEPTING GRANT OF EASEMENT FROM CENTURY AMERICAN CORPORATION FOR SEWER PURPOSES WITHIN EASTLAKE I, UNIT 11, MAP NO. 11449 (Director of Public Works/City Engineer) b. RESOLUTION 12477 ACCEPTING GRANT OF EASEMENT FROM CENTURY AMERICAN CORPORATION FOR PEDESTRIAN ACCESS EASEMENT WITHIN EASTLAKE I, UNIT 11, MAP NO. 11449 A sewer easement within EastLake I Unit 11 (Century American site) is required for sewer maintenance by City Public Works forces. Pedestrian access easements are also required along Lake Shore Drive at both entrances to said subdivision. The necessity for these easements was not apparent until site development was underway. It was recommended the City Council accept the easements from Century American Corporation. Minutes 12 - May 13, 1986 15. ORDINANCE 2150 AMENDING CHULA VISTA MUNICIPAL CODE SECTION 5.20.030 RELATING TO THE NUMBER OF LICENSED CARDROOMS FIRST READING (Assistant City Attorney) The proposed ordinance would increase the number of inhabitants per cardroom license from 25,000 persons per cardroom to 40,000 persons per cardroom. 16. REPORT REGARDING PETITION FROM RESIDENTS OF OLEANDER AVENUE REGARDING TRAFFIC CONTROLS ON THAT STREET (Continued from May 6, 1986)(Director of Public Works/City Engineer) Pulled from Consent Calendar. 17. REPORT REGARDING WRITTEN COMMUNICATION AND PETITION FROM RESIDENTS OF EAST SAN MIGUEL DRIVE REQUESTING TRAFFIC CONTROLS AND SPEED BUMPS TO REDUCE SPEED AND DECREASE ITS USE AS A THROUGH STREET (Continued from May 6, 1986)(Director of Public Works/City Engineer) Pulled from Consent Calendar. 18. REPORT REGARDING SANDAG TRANSPORTATION FINANCING ADVISORY COMMITTEE'S REQUEST FOR SUPPORT OF ONE-HALF PERCENT LOCAL SALES TAX (Assistant to the City Manager) Pulled from Consent Calendar. 19. REPORT ON REQUEST BY SOUTHWEST COACHES, INC. TO INSTALL BUS STOP SIGNS IN THE CITY OF CHULA VISTA- (Director of Public Works/City Engineer) Pulled from Consent Calendar. 20. REPORT ON CHULA VISTA TRANSIT (CVT) ROUTE 703 SERVICE CHANGE (Director of Public Works/City Engineer) Pulled from Consent Calendar. 21. REPORT EXCESS INSURANCE COVERAGE FOR THE CHULA VISTA LIVE STEAMERS (Director of Parks & Recreation) Pulled from Consent Calendar. Minutes - 13 - May 13, 1986 22. REPORT PROPOSED POOL FEE STRUCTURE (Director of Parks & Recreation) Pulled from Consent Calendar. 23. REPORT MEMORIAL PARK WAR MEMORIAL (Assistant City Manager) Pulled from Consent Calendar. END OF CONSENT CALENDAR 13. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) FOR THE LEASE OF CERTAIN PROPERTY IN EUCALYPTUS PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks & Recreation) The City and the South Bay branch of the Young Men's Christian Association (YMCA) had a 20-year lease agreement for the property at 50 Fourth Avenue, which expired on June 30, 1984. The City and YMCA have been operating under a lease on a year-to-year basis. Staff has renegotiated a five-year lease with the YMCA. The term of the proposed lease has been changed from 20 to 5 years because the YMCA plans to construct new facilities in the eastern area of the City and relocate its operations there. Councilman Malcolm suggested the liability insurance coverage required for this item as well as the item pertaining to the Live Steamers (Item 21) should be increased. MSUC (Malcolm/Moore) to refer these 2 items (13 and 21) to staff for allocation or shared funding for increased liability insurance. 16. REPORT REGARDING PETITION FROM RESIDENTS OF OLEANDER AVENUE REGARDING TRAFFIC CONTROLS ON THAT STREET (Continued from May 6, 1986)(Director of Public Works/City Engineer) At the May 6, 1986 meeting, Council continued this item and directed the City Traffic Engineer to review each of the intersections on Oleander Avenue between Telegraph Canyon Road and Naples Street to determine which location would be best if three or four-way stop signs were installed. The Council also requested additional information regarding the feasibility of continuing the centerline on Oleander Avenue south to Naples Street. Director of Public Works/City Engineer Lippitt noted if three-way stops are to be installed, the intersection of Oleander Avenue and Jamul Court would be the best choice. Continuation of the double yellow centerline to Naples Street was recommended. Minutes - 14 - May 13, 1986 Mr. Tom Turner appeared before the Council in support of staff's recommendation. MSUC (Cox/McCandliss) to approve 3-way stops at the intersection of Oleander Avenue and Jamul Court and continue the double yellow centerline to Naples Street. 17. REPORT REGARDING WRITTEN COMMUNICATION AND PETITION FROM RESIDENTS OF EAST SAN MIGUEL DRIVE REQUESTING TRAFFIC CONTROLS AND SPEED BUMPS TO REDUCE SPEED AND DECREASE ITS USE AS A THROUGH STREET (Continued from May 6, 1986,(Director of Public Works/City Engineer) On May 6, 1986, the City Council continued this item and directed the City Traffic Engineer to review the intersection of Cuyamaca Avenue and East Sierra Way, and Cuyamaca Avenue and East Palomar Drive to determine which location would be best if three-way stop signs were installed. Director Lippitt reported if three-way stops are to be installed, the intersection of Cuyamaca Avenue and East Sierra Way would be the best choice. Installation of a double yellow centerline with raised pavement markers was recommended around the curve. Councilwoman McCandliss commented if the signs are placed at East Sierra Way, the City may be alleviating one problem but compounding it in another area. MS (Campbell/Cox) to install 3-way stops at the intersection of Cuyamaca Avenue and East Sierra Way and install double yellow centerlines with raised pavement markers around the curve. Mr. Jim Blakely, 54 East San Miguel Drive, Chula Vista 92011, proposed a possibility of also addressing a sign with "No Right Hand Turn On Red" at Cuyamaca and "L" Street. 'Mayor Cox requested that the motions on item 16 and 17 should include a report back from staff in 6 months. The motion to install 3-way stop signs passed unanimously. MS (McCandliss/Malcolm) refer to staff the question of "No Right Hand Turn on Red" at the intersection of "L" Street and Cuyamaca and have a status report on the situation brought back in 6 months. Councilman Moore stated he could not support designating this type of signage at one particular street. The motion to refer this to staff passed with Councilman Moore opposed. Minutes - 15 - May 13, 1986 18. REPORT REGARDING SANDAG TRANSPORTATION FINANCING ADVISORY COMMITTEE'S REQUEST FOR SUPPORT OF ONE-HALF PERCENT LOCAL SALES TAX (Assistant to the City Manager) In January 1985 the SANDAG Board of Directors, in response to the 1984 Regional Transportation Plan (RTP), appointed the Transportation Finance Advisory Committee (TFAC) to review the San Diego Region's transportation financing needs. Recently, the TFAC recommended a 1/2% local sales tax to the SANDAG Board of Directors to create necessary revenues to finance improvements for local streets and roads, state highways and transit projects -- each to receive 1/3 of the resulting revenues. This report addresses the various issues associated with the TFAC proposal. SANDAG requested comments regarding the proposed 1/2% local sales tax by its May 23,'1986, meeting. It was recommended Council, recognizing that cities must act collectively to effectively meet the needs of the region and in the spirit of cooperation, support the TFAC Transportation Sales Tax Initiative with the following amendments: 1. Revenues received from the local sales tax be distributed 50% for local streets and highways, 25% each for state highway and transit items. 2. A strong maintenance of effort (MOE) agreement be entered into with the State of California regarding new highway construction for the region. Councilman Malcolm discussed the various special taxes being proposed to the public; Chula Vista is not in desperate need of money; County cannot afford to maintain roads; placing a 20~ per gallon gas tax is not acceptable. In answer to Councilwoman McCandliss' question, Mr. Scott, representing the SANDAG Advisory Committee, stated certification is required by the SANDAG commission prior to any allocation of funds to the State Highway project; historical trends as well as other State and Federal funding trends are reviewed by the Board in making a decision; regional transportation plan would be the key document; no funding for projects off the interstate system; gas tax is not affected. In response to Councilman Campbell's concern, City Manager Goss explained the City receives approximately ~45 per capita in State subventions and most of that is motor vehicle in-lieu tax. Additional action was taken to insure that local governments would receive that level of funding on a regular basis. Bess Pocklington, 656 Glover Place, Chula Vista, opposed this tax noting that Chula Vista does not need this type of funding. Minutes - 16 - May 13, 1986 Further Council discussion involved distribution of local sales tax - 50% for local streets and highways, 25% each for State and highway and transit items; distribution of local funds should be the decision of the local elected body; City of San Diego residents will vote on this initiative; improvements to streets and highways should come out of gas tax funds; deplorable condition of Route 54; funds needed for better traffic safety and road conditions. It was moved by Councilman Malcolm and seconded by Councilman Campbell to oppose the request (support a 1/2% local sales tax). The motion failed by the following vote: AYES: Malcolm, Campbell NOES: McCandliss, Cox, Moore ABSTAIN: None MS (Cox/McCandliss) to approve staff's r~commendation. Discussion followed regarding the rationale on the 1/3 distribution of funds; percentage of motorists traveling state highway and rapid transit versus local streets. AMENDMENT TO MOTION MS (Moore/McCandliss) that the motion be amended to include staff's recommendation would be for 60% distribution for local streets and roads and even split (20/20) for State highway and transit items. Mayor Cox opposed the amended motion stating what has evolved from the Transportation Advisory Committee is a proposal, or compromise, to meet all needs. The motion, on distribution of local sales tax revenues passed with Mayor Cox opposed. The motion to accept staff's recommendation, as amended, passed by the following vote: AYES: Cox, McCandliss, Moore NOES: Campbell, Malcolm ABSTAIN: None Councilman Malcolm left the dais at this time. Minutes 17 - May 13, 1986 MSC (McCandliss/Campbell) in requiring the strong Maintenance of Effort Agreement with the State of California, SANDAG should be directed to develop the agreement, and explaining how it will be implemented and how the City will follow through with the State on ensuring compliance. (Councilman Malcolm out.) 19. REPORT ON REQUEST BY SOUTHWEST COACHES, INC. TO INSTALL BUS STOP SIGNS IN THE CITY OF CHULA VISTA (Director of Public Works/City Engineer) The Transit Coordinator received a letter from Mr. Thomas Evans, President of Southwest Coaches, Inc., requesting that the City of Chula Vista permit the installation of bus stop signs in the City on Broadway Avenue indicating the stop locations for Transportes Amarillo y Rosa, a bus service operated by Southwest Coaches, Inc. between the border and downtown San Diego. The City Council regulates the placement of bus stop signs pursuant to Municipal Code Sections 10.24.030, 10.60.080 and 12.28.020. The MTDB currently is evaluating transportation service in the I-5 corridor between the border and Downtown San Diego and will address specifically the provision of service by Route 32 and the Amarillo y Rosa. The recommendation was that Council deny Mr. Evans' request at the present time and reconsider this request after the MTDB has completed its study. John Wood, 444 West "C" Street, San Diego 92101, representing Southwest Coaches, displayed the sign requested to be placed on existing San Diego Transit bus stops throughout the City of San Diego; 60 of these signs are currently in place; Southwest Coaches carries more passengers than the San Diego Transit system; no liability or exposure to Chula Vista to place these signs; agrees to indemnify the City of Chula Vista from any liability; will enter into any agreement proposed by the City Attorney. MSUC (McCandliss/Moore) to accept the staff recommendation (and docket the item for future reconsideration). Councilman Malcolm returned. 20. REPORT ON CHULA VISTA TRANSIT (CVT) ROUTE 703 SERVICE CHANGE (Director of Public Works/City Engineer) During the past few months, the Transit Office has received requests from workers and patients for more frequent transit service to the Chula Vista Community Hospital and other medical facilities in that area. Staff is proposing to implement expanded service in June, monitor ridership during the summer and then make any schedule adjustments necessary prior to the start of the fall 1986 school semester. Minutes - 18 - May 13, 1986 The recommendation was that Council recommend to the SCOOT Board that Route 703 service to the Community Hospital area be increased from four to eleven trips per weekday and ten trips on Saturday. In answer to Councilwoman McCandliss' question, Transit Coordinator Gustafson explained the route change which basically would eliminate one trip and still accommodate the existing ridership. MSUC (McCandliss/Campbell) to accept the staff recommendation and bring back a report to the Council in six months. 21. REPORT EXCESS INSURANCE COVERAGE FOR THE CHULA VISTA LIVE STEAMERS (Director of Parks & Recreation) At the Council meeting on February 4, 1986, Council accepted Staff's report on insurance coverage for the Chula Vista Live Steamers and implemented the alternative that the City pay for half of the premium of $1,000,000 liability coverage required. Council requested a follow-up report on the following insurance coverage issues: 1. Need for the basic $1 million coverage; 2. Cost of additional insurance cost up to $5 million; 3. Guidelines for the City's participation in payment of the insurance; 4. Opinion of City Attorney regarding liability exposure of City participation in paying premium. It was recommended Council not secure excess insurance coverage beyond the ~1 million primary coverage. (Refer to page 14 for discussion of this item.) MSUC (Malcolm/Moore) refer this item to staff for allocation or shared funding for increased liability insurance. 22. REPORT PROPOSED POOL FEE STRUCTURE (Director of Parks & Recreation) At the November 9, 1982, Council meeting, Resolution 11063 was adopted establishing a City-wide Master Fee Schedule. The Master Fee Schedule reflects the percentage of Full Cost Recovery rate for recreation activities. The proposed fee structure was approved by the Parks and Recreation Commission at their April 17, 1986 meeting. The Commission on Aging reviewed the proposed fees at their meeting on April 9, but lacked a quorum to take official action. Minutes - 19 - May 13, 1986 Director of Parks & Recreation Mollinedo recommended Council approve the proposed pool fee structure, effective on June 1, 1986, as follows: EXISTING PROPOSED FEE child 15.00 $1s.00 Adult 20.00 40.00 Senior 15.00 30.00 Family 30.00 50.00 William Houseworth, 358 San Miguel Drive, Chula Vista 92011, opposed the fee increase recommending that the Council should carefully review the Parks and Recreation Department's proposal. In answer to Councilman Malcolm's question, Recreation Superintendent Foncerrada explained the fee increase will bring an additional $2,000 in revenue to the City (from $8,000 to $10,000). Director Mollinedo added the present use of the pool facilities will not be impacted by the increase and the fees are in line with the remaining San Diego County swimming facilities. William Ryan, 578 Rivera Street, Chula Vista 92011, noted a 500% increase with the proposed fee change; questioned the 'punch pass" system contemplated; proposed maintaining a yearly pass raise of 40% for unlimited swimming for adults. MS (Malcolm/McCandliss) to change the yearly pass to ~45 and leave the present fee schedule as is. Discussion followed regarding existing fees and proposed fees; the age groups using the pool and times available to them; the "punch card" system; annual pass will allow unlimited pool facilities use. SUBSTITUTE MOTION MS (Malcolm/McCandliss) to double all the rates (passes). Superintendent Foncerrada pointed out that the children would be better off utilizing a "punch pass" due to fewer opportunities during the year for them to swim. SUBSTITUTE MOTION MSUC (Cox/McCandliss) refer this to staff for additional comments (evaluation of yearly passes) and bring back next Tuesday (May 20). 23. REPORT MEMORIAL PARK WAR MEMORIAL (Assistant City Manager) At the October 1, 1985 City Council meeting, as part of the 75th Anniversary, the City Council approved in concept a proposal that would provide a war memorial in Memorial Park for all Chula Vista residents who died in the service of their country since the Spanish-American War. Library staff is currently assembling all the names that will appear on a new war memorial. Minutes - 20 - May 13, 1986 The recommendation was to reconfirm Council's concept approval of the project and direct staff to incorporate the proposal in the 1986-87 Capital Improvement Program budget for final consideration and action by the City Council at a later date. Jack Carleton, 370 Roman Way, Chula Vista 92011, stated the Memorial is a fitting tribute to those who gave the supreme sacrifice - their lives; requested a meeting with the architect; a single flagpole could be changed to have an array of flags; suggested a yearly ceremony on Memorial Day which would include placing a wreath on the Memorial; VFW will conduct or participate in rededication ceremonies. MSUC (Malcolm/Moore) to accept the report and staff meet with VFW for modifications proposed (additional flagpoles). OTHER RESOLUTIONS AND RELATED REPORTS 24. REPORT 1986 4TH OF JULY FIREWORKS DISPLAY AT THE CHULA VISTA MARINA (DirectOr of Parks & Recreation) RESOLUTION 12478 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PYRO SPECTACULAR FOR 1986 FIREWORKS DISPLAY, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING FUNDS THEREFOR (Director of Parks & Recreation) Council at their July 23, 1985, meeting directed staff to consider upgrading the 1986 fireworks display so as to be a fitting tribute to the City's Diamond Jubilee Celebration. It was recommended an additional ~t2,500 to supplement the $10,000 be budgeted. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Moore remarked the City's 75th Diamond Anniversary Committee will pay for the band hired for this event. 25. RESOLUTION 12479 AUTHORIZING A CONTRACT WITH GERALD S. KIBBEY & ASSOCIATES FOR THE APPRAISAL OF PROPERTY LOCATED AT 228, 232, 281 AND 287 CHURCH AVENUE AND APPROPRIATING FUNDS THEREFOR (Community Development Director) The Town Centre Project Area Committee (PAC) has established a priority for the acquisition of additional sites in the downtown area for off-street parking. Four sites have been identified for potential purchase on Church Avenue. Two of these are contiguous Minutes - 21 May 13, 1986 vacant land parcels, the other two contain single family residences. The project Area Committee has requested Council concurrence in the authorization of appraisals for these properties at this time. The Town Centre Project Area Committee, at their meeting of April 17, 1986, requested Council concurrence for the appraisal of the subject properties. The appraisal is estimated to cost $3,000. Funds are available and will be appropriated from the unappropriated reserve of the Parking Meter fund. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 26. RESOLUTION 12480 ENTERING INTO A CONTRACT WITH DONALD FRISCHER & ASSOCIATES FOR THE UNDERTAKING OF A TRAFFIC CIRCULATION STUDY TO DETERMINE THE FEASIBILITY OF CLOSING 5TH AVENUE BETWEEN "H" STREET AND "I" STREET FOR THE SUM OF ~30,500 PLUS OUT-OF-POCKET EXPENSES (Community Development Director) Homart Development Company has proposed the renovation and expansion of the Chula Vista Shopping Center located at Broadway and "J" Street. Their proposal is predicated upon the closure of Fifth Avenue so that the two major segments of the center may be joined. The proposed study will investigate the feasibility of closing Fifth Avenue and potential mitigation measures which may be required. This study will be an integral part of the EIR for renovation of the center. The City's share of the cost of the proposed study will be ~15,250, plus a maximum of $2,000 for out-of-pocket expenses. Community Development Block Grant Funds are available for this project. The Redevelopment Agency, at their meeting of February 6, 1986, authorized the payment of one-half of the cost of a traffic study to investigate the possible closure of a section of Fifth Avenue. Community Development Director Desrochers explained funding for this expense is budgeted in Community Development Block Grant Administration as an eligible expense as well as economic Development Administration Funds. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS the reading of the text was waived by unanimous consent, passed and approved. Discussion ensued regarding fronting funds for this type of study; resolution title is deceiving; waste of taxpayers monies; study would show feasibility o~ infeasibitity of street closure. The motion to adopt the resolution passed with Councilman Malcolm Opposed. Minutes - 22 May 13, 1986 27. RESOLUTION 12481 APPROPRIATING OPEN SPACE DISTRICT NO. 4 FUNDS INTO THE OPERATIONAL BUDGET (Director of Parks & Recreation) On August 17, 1982, Council approved a report which established a reserve fund equal to 50% of the yearly individual Open Space contract cost. This reserve is intended to pay for the first six months operating costs of Open Space Districts and to also be used to pay for any unforeseen open space emergencies. Recently a slope washout occurred on City open space property directly behind 395 Camino Elevado, which necessitates the expenditure of these funds. An appropriation of 41,440 from the unappropriated balance of the Open Space District NO. 4 Reserve Fund to Other Contractual Services is necessary. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 28. REPORT OF THE CITY MANAGER a. City Manager Goss noted the distribution of the 1986-87 budget schedule. Beginning Thursday, May, 22, with the Budget Overview. b. The City of Chula Vista's official population as determined by the State is 116,325. 29. MAYOR'S REPORT a. MSUC (Moore/Cox) to appoint Councilwoman McCandliss as the Council representative on the Escondido-Chula Vista Housing Finance Agency with Councilman Campbell as the alternate (replacing former Councilman Scott). b. MSUC (Cox/Moore) ask for a meeting (joint School Boards/City Council) to be scheduled on Wednesday, July 2, 1986 (at Sweetwater Union High School District office at 4:00 p.m.) or on Wednesday, July 9, 1986. c. MSUC (Cox/McCandliss) to designate Councilman Campbell as a replacement for former Councilman Scott to the Chamber of Commerce sub-committee (regarding development of promotional/marketing plans). 30. COUNCIL COMMENTS a. Councilwoman McCandliss requested, as part of the General Plan update for the eastern area of Chula Vista, school districts be contacted to include them as part of planned public facilities. Minutes 23 - May 13, 1986 MSUC (McCandliss/Moore) this type of contact and coordination be attempted with the school districts. ADJOURNMENT AT 11:55 p.m. to Thursday, May 15, 1986 following the Redevelopment Agency meeting at 4 p.m. and to the regular meeting of Tuesday, May 20, 1986 at 7 p.m. /~1~' ~ ' ennle M F Adele A. Sarmien~o asz~ City Clerk Deputy City Clerk 0797C/as STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING CITY OF CHULA VISTA ) I, Adele A. Sarmiento, being first duly sworn depose and say: That I am the duly chosen, qualified and acting Deputy City Clerk of the City Council of the City of Chula Vista. That the regular meeting of the City Council of the City of Chula Vista was held Tuesday, May 13, 1986, and said meeting was adjourned to the time and place specified in the Order of Adjournment ATTACHED HERETO: That on Wednesday, May 14, 1986, at the hour of 4 p.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of May 13, 1986, was held. < / ~,, Adele A. Sarmiento Deputy City Clerk Subscribed and sworn to before me this day of ,.~,~ 19f_i. Notary public in and for said 7ounty , MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, May 13, 1986 The City Council met in the Council Chamber of the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following: Councilmen Present: Campbell, McCandliss, Cox, Malcolm,.Moore Councilmen Absent: None ADJOURNMENT The Mayor adjourned the meeting until Thursday, May 15, 1986 following the Redevelopment Agenc meeting scheduled to begin at 4 p.m. in the Council ~onference Room, City Hall/ · ~aaa~i~x~~ 276 Fourth Avenue, Chula Vista, California. I, Adele A. Sarmiento, Deputy City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of May 13, 1986