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HomeMy WebLinkAboutcc min 1989/04/04 MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 4, 1989 Council Chamber 4:05 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox (arrived at 4:07 p.m.), Councilmembers McCandliss (arrived at 4:20 p.m.), Nader, Malcolm and Moore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron In the temporary absence of Mayor Cox, Mayor pro tempore Nader took the Chair. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES At 4:07 p.m., Mayor Cox arrived and noted he voted against the motion on page 1, last line of the Minutes of February 21. MOTION MSC (Moore/Malcolm) to approve the amended Minutes for the Joint Meeting of Council and the Redevelopment Agency of February 21, and the Regular Meeting of March 28, 1989. (Councilwoman McCandliss out) Mayor pro tempore Nader relinquished the Chair to Mayor Cox. 2. SPECIAL ORDERS OF THE DAY None CONSENT CALENDAR (Items 3a - 13) Pulled items: 3b, 3d, 3e, 4, 5, and 13. Item 9a and b have been deleted from thE, Agenda by staff. COUNCILMAN NADER OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts waived by unanimous consent and passed. (Councilman Malcolm voted no on item 12.) (Councilwoman McCandliss out) MINUTES - 2 April 4, 1989 3. WRITTEN COMMUNICATIONS a. REQUEST FOR EXTENSION OF AND WAIVER OF FEES FOR CONDITIONAL USE PERMIT - Charles Dobbs, Pastor, 545 E. Naples, Chula Vista 92011 Council directed staff to waive the Conditional Use Permit fee required to seek an extension for a mobile classroom, as requested by Park Hill United Methodist Church. b. CONCERNS REGARDING TOXIC WASTE INCINERATOR IN BAJA CALIFORNIA Veronica E. Sissons, J.D., 813 Creekwood Way, Chula Vista 92013 Pulled from the Consent Calendar. c. QUESTIONING CITY'S INTEREST IN ACQUIRING PROPERTY AND POTENTIAL REDEVELOPMENT USES FOR SITE Greg Rowe, Executive Vice President, South San Diego Board of Realtors, 588 L Street, Chula Vista 92011 Council directed staff to advise the South San Diego Bay Cities Board of Realtors that the City will be evaluating its interest in acquiring their property at 588 "L" Street to determine if the property has a value for public use. It was directed the Board of Realtors be advised, if the subject property were sold to a private developer, it could be utilized for all of the C-O uses, which include medical office, administrative and executive office, professional and financial offices; multiple family use is permitted if a conditional use permit is filed and approved and a shopping center would require rezoning as well as a General Plan Amendment. d. REQUEST TO SUPPORT RESOLUTION ON VOLUNTARY 10% CUTBACK OF WATER USAGE AND ADDRESS LEGISLATORS ON DROUGHT PROBLEM Mayor Alex Giuliani, City of Hayward, 22300 Foothill Boulevard, Hayward, CA Pulled from the Consent Calendar. e. REQUEST TO PURSUE ORDINANCES THAT WILL HELP ERADICATE GRAFFITI FROM COMMUNITIES - Mary Anne Stro, Director of Public Information and Governmental Relations, Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista 92011 Pulled from the Consent Calendar. f. RECOMMENDATION FROM LIBRARY BOARD REGARDING BOOK THEFTS Library Board of Trustees Council directed the letter from the Library Board of Trustees regarding book theft prevention be referred to staff for a thorough and comprehensive report regarding the Library Board's concern over book theft in our Library system. MINUTES - 3 - April 4, 1989 URGENCY 4. ORDINANCE AMENDING SECTION 19.58.150 OF THE CHULA VISTA MUNICIPAL CODE TO PROVIDE FOR SOUND ATTENUATION WALLS WITHIN THE REQUIRED FRONT SETBACKS ALONG CERTAIN DESIGNATED STREETS FIRST READING & ADOPTION {Director of Planning) Pulled from the Consent Calendar. 5. DISCUSSION: SALE OF CITY'S REVERSIONARY INTEREST IN COMMUNITY HOSPITAL {Potential Closed Session) {Assistant City Manager) Pulled from the Consent Calendar. 6. RESOLUTION 14033 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICHARD D. PHELPS & ASSOCIATES TO FACILITATE THE CHULA VISTA 2000 COMMUNITY TASK FORCE, AUTHORIZING EXPENDITURE FROM THE APPROPRIATED CONTINGENCY FUND, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT {Deputy City Manager) Council approved the Agreement and authorized the expenditure of up to $25,000 frm the Council FY 1988-89 Appropriated Contingency Fund for expenses related to Chula Vista 2000. 7. RESOLUTION 14034 ACCEPTING GRANT OF EASEMENT FROM JACK}.~o FARBER AT 416 BROADWAY FOR DRAINAGE PURPOSES (Director of Public Works) Community Development Block Grant Funds have been appropriated under the Capital Improvements Program for FY 87-88 for the design and construction of a reinforced concrete box culvert at 416 Broadway. Mr. Farber has executed the subject easement without cost to the City. 8. RESOLUTION 14035 ACCEPTING BIDS & AWARDING CONTRACT FOR TREE TRIMMING SERVICES FISCAL YEAR 1988-89 IN THE CITY OF CHULA VISTA {Director of Public Works) Council awarded the contract to low bidder, Atlas Tree Service, in the amount of $59,649.15 and authorized the Director of Public Works to execute a change order to increase the contract amount such that all the funds budgeted for special contractual services for tree trimming purposes may be utilized. 9a. RESOLUTION APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO THE EXISTING OVERCROSSING INTERCHANGE ON INTERSTATE ROUTE 805 AT H STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) MINUTES 4 April 4, 1989 9b. RESOLUTION APPROVING AN AGREEMENT WITH THE RANCHO DEL REY PARTNERSHIP TO CONSTRUCT IMPROVEMENTS AT THE INTERSECTION OF EAST H STREET WITH INTERSTATE 805 AND TO PAY CERTAIN COSTS FOR PRELIMINARY ENGINEERING, ENVIRONMENTAL REVIEW, AND COORDINATION BY CALTRANS OF THE IMPROVEMENTS AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT (Director of Public Works) Both Resolutions were deleted from the Agenda to make modification to the agreements. 10. ORDINANCE 2304 AMENDING SECTION 10.28.090 OF THE CHULA VISTA MUNICIPAL CODE REGULATING SKATEBOARD USE WITHIN THE CITY OF CHULA VISTA SECOND READING & ADOPTION (Director of Public Safety) Ordinance 2304 was placed on First Reading at the Meeting of March 28, 1989 and extends the current prohibition to now include private property and specified public property to include a definition of "Business District." Additional examples of public property where skateboarding is prohibited are outlined and provision made for posting of prohibition signs in those areas where skateboarding is now damaging property. 11. ORDINANCE 2305 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 0.59 ACRES LOCATED ON THE NORTHERLY SIDE OF D STREET, BETWEEN LAS FLORES DRIVE AND MINOT AVENUE, FROM R-1 TO R-2-P - SECOND READING & ADOPTION (Director of Planning) Ordinance 2305 was placed on First Reading at the Meeting of March 28, 1989 and involves the rezoning of a portion of five parcels; the request has been privately initiated for the most westerly parcel and City staff has expanded the proposal to include the four adjacent parcels to the east. 12. ORDINANCE 2307 AMENDING TITLE 5.36 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 5.36.030 AND 5.36.070 AND ADDING SECTION 5.36.075 EXEMPTING "HOLISTIC HEALTH PRACTITIONERS" FROM MASSAGE PARLOR REGULATION - SECOND READING & ADOPTION (Director of Public Safety) Ordinance 2307 was placed on First Reading at the Meeting of March 28, 1989 and exempts Holistic Health Practitioners (HHP) from normal regulations of massage parlors by listing them in Section 5.36.070 as one of several categories of practitioners that are exempt from regulation. MINUTES 5 April 4, 1989 13. REPORT ON THE OXFORD STREET SPECIAL STUDY AREA (Director of Planning) Pulled from the Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PCA-89-4: CONSIDERATION OF AMENDMENT TO THE MUNICIPAL CODE TO CLARIFY THE PROVISIONS RELATING TO THE STORAGE AND REPAIR OF INOPERABLE VEHICLES CITY INITIATED (Director of Planning) ORDINANCE 2308 AMENDING SECTION 19.58.260 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO STORAGE AND REPAIR OF INOPERABLE VEHICLES FIRST READING This being the time and place as advertised, the public hearing was declared open. Director of Planning Krempl reported the amendment is for the purpose of clearly establishing the intent of Section 19.58.260 to prohibit more than one inoperable vehicle on a residential lot. There being no one present to speak for or against this item, the public hearin9 was closed. COUNCILMAN MALCOLM OFFERED THE ORDINANCE BE PLACED ON FIRST READING which was read by title, the reading of the text waived by unanimous consent and passed. (Councilwoman McCandliss out) 15. ORAL COMMUNICATIONS Victor A. Nolan, 12 Via Barberini, 92010 resident of Brentwood Mobilehome Park, and Member of the Mobilehome Issues Committee, reported an act of vandalism in the Park and that reports were filed with the Police Department. He emphasized that the Mobilehome Issues Committee is always available to listen to complaints from residents and offer solutions. Mr. Nolan also suggested a change of the name of this Committee to "Manufactured Homes Issues Committee" to suggest that the homes are more permanent. MOTION MSC (Cox/Nader) to refer the question of the name change to the Mobile Home Issues Committee for a recommendation to Council. (Councilmembers McCandliss and Malcolm out.) MINUTES 6 April 4, 1989 PULLED ITEMS 3b. CONCERNS REGARDING TOXIC WASTE INCINERATOR IN BAjA CALIFORNIA - Veronica E. Sissons, J.D., 813 Creekwood Way, Chula Vista 92013 It is recommended Ms. Sissons' letter regarding danger to Chula Vista residents from the Baja Toxic Incinerator be referred to staff for a later report following the test burn to take place in early May. Councilman Nader stated his preference to respond before the test issue and to direct staff to pursue with environmental officials of the County and with Mexican officials more complete information as to what is going to be burned and the effect on the citizens. MOTION MSC (Nader/Moore) to respond immediately stating Council's shares the same concern and to direct staff to report back to Council concerning the input of Federal, County and Mexican environmental officials with a recommendation for any follow up letters or information from Council. Councilman Moore suggested that both San Diego County and San Diego City be encouraged to make this a joint effort and that the appropriate international entity be sought. ADDITION TO THE MOTION MS (Nader/Moore) that staff contact those agencies for appropriate information and request their cooperation. VOTE ON THE MOTION AND ADDITION TO THE MOTION passed. (Councilmembers McCandliss and Malcolm out.) d. REQUEST TO SUPPORT RESOLUTION ON VOLUNTARY 10% CUTBACK OF WATER USAGE AND ADDRESS LEGISLATORS ON DROUGHT PROBLEM - Mayor Alex Giuliani, City of Hayward, 22300 Foothill Boulevard, Hayward, CA It is recommended that the Mayor of Hayward be advised and furnished a copy of Resolution No. 13639 by which the City of Chula Vista adopted a program, as requested by the Metropolitan Water District of Southern California, seeking voluntary water conservation to reduce water consumption by 10%. Councilman Nader stated his preference to request staff to contact the Water Agency Members with the aim of setting up a Joint Meeting, to come up with specific conceivable conservation measures. MOTION MS (Nader/NcCandliss) to send the recommended letter to Mayor of Hayward and to refer to staff to set up either a Joint Council/Water Agency Meeting or to form a Council Sub-Committee to meet with the Water Boards with the aim of achieving specific measures taken to achieve a 10% conservation rate. MINUTES 7 April 4, 1989 Councilwoman McCandliss stated her second to the motion addresses that portion of the motion that speaks to a Joint City Council/Water Agency Meeting as opposed to a Sub-Committee. City Manager Goss reported to Council the recent efforts of the Water Authority to accomplish a 4% reduction and the County Water Authority's campaign to achieve conservation would be appropriate to include in the response. Councilman Malcolm stated the water shortage issue is being considered as was the sewage problem and that, until these problems are treated as regional issues it is difficult to solve. The State of California should plan its resources with one body distributing water to the different people in need; the arbitrary line between Northern California and Southern California should be abolished to enable all to work together to solve everyone's problem. He stated the Water Companies should be urged to come together and approach this as a regional problem. RESTATED MOTION MSC (Nader/McCandliss) to send the recommended letter to Mayor of Hayward and to refer to staff to set up a Joint Council/Water Boards Meeting with the aim of achieving specific measures to be taken to achieve a 10% conservation rate. At 4:33 p.m., Mayor Cox left the dais. e. REQUEST TO PURSUE ORDINANCES THAT WILL HELP ERADICATE GRAFFITI FROM COMMUNITIES Mary Anne Stro, Director of Public Information and Governmental Relations, Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista 92011 It is recommended the letter from the Sweetwater Union High School District relating to the District's interest in pursuing ordinances that will help to eradicate 9raffiti from the community be referred to staff to work with the School District in developing an ordinance and other policies that would address the graffiti issue. Councilman Nader suggested staff request the School District to provide the City with their guidelines regarding the wearing of colors. MOTION MSC (Nader/McCandliss) to accept staff recommendation with the addition that Director Stro and the Sweetwater Union High School District be specifically notified of the provisions of the "gang policy" the City adopted earlier this year and that staff work with the School Districts for something to present to City Council and the School Boards in time for the Joint Council/School Boards Meeting of May 1, 1989 at 4:00 p.m. (Mayor Cox out) MINUTES 8 April 4, 1989 4. ORDINANCE AMENDING SECTION 19.58.150 OF THE CHULA VISTA MUNICIPAL CODE TO PROVIDE FOR SOUND ATTENUATION WALLS WITHIN THE REQUIRED FRONT SETBACKS ALONG CERTAIN DESIGNATED STREETS FIRST READING & ADOPTION (Director of Planning) Director of Planning Krempl reported the staff recommendation is that no amendment be made to the Municipal Code; however, two other options were offered: 1) Council accept Mr. Barton's request which would allow for the construction of a 6' high wall in the front setback area to be located within 2' of the front property line or approximately 2 1/2' from the edge of the sidewalk in the typical street configuration; or 2) Council accept the Planning Department's recommended ordinance which suggests: (1) a maximum wall height of 6' with increases in height subject to Zoning Administrator approval; (2) a sound attenuation wall be allowed so that 15' of sight clearance could be provided emanating from the point where the driveway intersects with the public sidewalk; (3) a landscape and irrigation plan be required to be approved by the City Landscape Architect with a minimum depth of lO' landscaping required between the sidewalk and the wall; (4) a maintenance agreement be required to ensure long-term maintenance of not only the landscaping but the wall; (5) a fee would be established in accordance with the Master Fee Schedule; (6) walls be allowed on streets that have been identified as prime, major of Class 1 collectors as stipulated in the General Plan; and (7) provision for review of criteria by the Zoning Administrator including proposed addressing of the house based upon height and location of the wall. Director Krempl also reported on a discussion with Mr. Barton who is satisfied with the height referenced, the type of streets where allowed but is prepared to address his concerns. At 4:38 p.m., Mayor Cox returned to the dais. Walter Barton, 9 "L" Street, 92011, gave his views of the staff report and presented Council with his example of "wall placement" for protection to the dwelling. Mr. Barton stated that his disagreement with staff's report since the City Planners created the thoroughfare which resulted in traffic, noise pollution and the problems that have ensued. He also reported the fees and the requirements for landscaping as inappropriate; other such walls already exist within the City; previous problems he had with City trees; and his disagreement with the suggested driveway plan which he discussed with the staff. Councilman lloore stated some action should be taken to reduce the noise level on such streets as "L" and if a special consideration MINUTES 9 April 4, 1989 is given for a wall, the City should control the specifics to do justice to the rest of the City. Councilman Nader referred to Exhibit A, page 2, the suggested landscaping 10' from the wall, and Director of Public Works reported this to be no threat to pedestrian safety, which statement will be checked with the Traffic Engineer. On Mr. Barton's behalf, Director Krempl referred to Exhibit B. The bedrooms exist 15' from the property line and, if a wall was placed at the 10' setback, there would be only 5' from the wall and the home which would necessitate a 7' wall thickness to attenuate the noise. Councilman Malcolm stated his opposition to approval of an emergency ordinance and to the placement of any wall within the City because of the appearance of a "boxed-in" City and the likelihood of graffiti on walls. Councilman Moore reported other things could be investigated to help out the citizens, such as, possible tax credits for insulation, double pane windows or shutters. Councilman Nader indicated the emergency ordinance would provide a "fast track" to address the problem. City Attorney Harron confirmed the ordinance could be amended to provide for a variance or conditional use permit. MOTION MS INader/r~oore) to direct staff to notice a hearing on Mr. Barton's request to work up appropriate proposed conditions for a variance to be presented to Council for discussion or amendment. Councilwoman McCandliss stated her view that some basic decisions must be made on a solution to the problem and agreed with Councilman Malcolm that the wall is not the solution and referred to other things a homeowner can do to lessen the noise impact. Councilman Moore referred to previous tax credits given for insulation of hot water heaters, etc. and suggested the City pursue with the County Assessor the methods of soliciting tax exemptions for construction or installation of improvements to a home to reduce the noise limits. ADDITION TO THE MOTION MS (McCandliss/Nader) to include in the motion to waive any fees for the proposed variance. Councilman Malcolm declared his support for the motion but stated for the record to avoid misinterpretation, that the issue is a serious problem and his willingness to take more input. The solution as outlined by the applicant, however, was stated as nothing he could support and that he does not intend to vote for walls which take away the character of the City and emphasized the importance of referring the issue to the Montgomery Planning Group. VOTE ON THE MOTION AND ADDITION TO THE MOTION Motion passed. (Councilwoman McCandliss voted no.) MINUTES - lO April 4, 1989 MOTION MSUC (Nader/Malcolm) to refer this item including the ordinance proposed in Exhibit A, the comments of the applicant and the Council to the Planning Commission and the Montgomery Planning Committee for recommendations and report to Council; and to include the application fee proposed in the ordinance for consideration of absorption as development impact fees as opposed to individual applicant's fee. 5. DISCUSSION: SALE OF CITY'S REVERSIONARY INTEREST IN COMMUNITY HOSPITAL (Potential Closed Session) (Assistant City Manager) Community Hospital's need to acquire the City's reversionary interest has been prompted by their need for another bond issue to finance an expansion of the existing hospital and remodeling of certain other facilities to provide additional hospital services. Council met in Closed Session on March 28 to discuss the intended purpose of direction to staff regarding the sale of the City's reversionary interest in Community Hospital, at which meeting it was recommended to consider the written material, take testimony from representatives of Community Hospital and the general public, if any, and to give staff direction in the following matters: (a) total dollar amount determined by Council to be equitable for City's reversionary interest; and (b) some general guidelines on how much should be in cash and how much in services. City Manager Goss added that Council also discuss the rationale for consideration of the issue, the range to be considered, and what general mix of cash and services should be part of that range. In answer to questions of Councilman Malcolm, City Manager Goss reported (1) the rationale for Council consideration lies in the fact that, if nothing happens by the year 2006, the property would revert to the City; the present effort to remove that reversion does give the City an economic right. (2) The range that Council should be looking at, in his opinion, should be between $1,000,000 to 62,500,000 although the Consultant recommended $5,000,000 to $7,000,000. (3) The mix of cash and services should be distributed based on the range decision; the main point being the provision of services and the dollar amount for them is easier to handle over a period of time than in a direct amount of cash and gave examples of his statement. Counsel T. Knox Bell, Gray, Cary, Ames & Frye, explained to Council the methodology used to arrive at his recommendation figure, as was used previously on Bay General Hospital. Robert Hansen, 2490 Presidio Drive, San Diego 92103, Executive Director of Community Hospital of Chula Vista, made a presentation MINUTES ll April 4, 1989 to Councilmembers requesting the City release its reversionary interest and offered additional information relative to the expansion plan for the Hospital, responded to the March 24th letter from Knox Bell to City Manager Goss, and requested that Council make an early determination of the item, stating that time is of the essence. Mr. Hansen clarified the San Diego Hospital Association is a synonomous term with the Sharp Health Care System of which Sharp Memorial Hospital is a member. John Whitney, 2255 Camino del Rio South, San Diego 92109, Attorney for Community Hospital of Chula Vista, addressed the valuation issues as compared with the valuations cited by Mr. Bell, the variables used and the wide range of values reached. He also addressed the number of cities in similar situations who have charged nothing for conveying residual interest to the hospitals so they could expand in the interest of the citizens. John Myers, representing Orrick, Herrington and Sutcliffe of Sacramento, 95814, Bond Counsel offered to answer the technical questions, addressed the factor of timing and the need to coordinate the dates with the semi-annual interest payment dates of the bonds; the next date is July 1, 1989. To do this, notice to the bond holders must be accomplished by May 30th that the bonds will be refunded. The California Health Facilities Financing Authority (CHFFA) gives final approval of this on Thursday, April 6, at which he will be questioned as to the relationship of the City of Chula Vista and the Hospital. Jim Stoerne, 3642 Filly Lane, Bonita, 92002, President of the Board of Trustees, Community Hospital of Chula Vista, stated the Hospital Board's desire to expand, the Board's recognition of what they want and need for the Hospital, and the Board's recognition that Council must do what is right for the citizens of Chula Vista. Mr. Stoerne asked for Council's guidance and suggestions. Councilman Malcolm addressed the valuation amounts and percentages used in examples by the Hospital's attorney, which he described as unfair figures. He also questioned why Council was not given more time to make this decision, and why the Hospital Board could not discuss the issue openly at the CHFFA Meeting on Thursday, April 6. Unlike the requirements of the Brown Act, Mr. Myers replied that under this type of bond issue, the bond counsel is required to advertise with two public notices ahead of time for the specific dollar amount which cannot be changed. (The advice came from the Attorney General's Office.) Mr. Hansen addressed the application from the San Diego Hospital Association to the CHFFA and that application is not part of Community Hospital's agreement, and stated that if the dollar figure is too excessive it would "price them out of the market" and that they only become part of the system when the project is funded. Without making assumptions on the City's behalf, the Board had a need to move forward, confirming he had met with the Mayor and City Attorney to advise them of the issue considerably in advance of the City's receipt of this February 27th letter. He complimented City staff who were helpful and cognizant of the time element. MINUTES 12 - April 4, 1989 Mr. Hansen replied to Councilmembers' questions as posed stating a certain amount of assumption existed on the Board's part that the Bay Scripps Memorial deal worked out with the City would be a precedent. The negotiations and discussions are most difficult and, relative to the monies, the funds are restrictive accounts. They do have some depreciation funds available for replacement of operable equipment and the other account is through gifts and bequests to the Hospital; all of which is considered a cost of the project. The Hospital will be using all available land; no medical office building will be built, expansions will be made to the acute care facility; Sharp Hospital is interested in an era of managed health care, a significant need for a facility in the South Bay to accommodate their patients, the present campus site for Sharp Hospital off Route 163 is "built out." There will be a fair exchange of Board Members when the agreement has been finalized; the Community Hospital will be a subsidiary of the Association; there will exist a local operating board to make the month to month decision making ability over the operations of the Community Hospital. Counsel Myers confirmed he would have no problem with a condition be placed that any revenues generated in this City be used for any purposes of any type outside of the Chula Vista community. Councilwoman McCandliss addressed the three basic questions. It is recognized there is rationale for this request of the City; there is a value, the City would not turn the land to commercial use, and the value of the land now needs to be addressed. This community needs to expand the facilities and she reported being comfortable looking at figures which total $2.5 million with an appropriate mix of cash and services to benefit the City and its employees and families with services to the community for children involved in athletics, sick daycare, and other areas. MOTION MS (Malcolm/Moore) for a $1,500,000 total package with $500,000 in cash and $1,000,000 in health services as our payment for the City's reversionary interest, with one-third of the cash paid with the agreement, one-third in one year and one-third in the following year, and with the health services spread over a seven year minimum period. Councilmembers discussed provision of a list of desired services with flexibility of services spread over the years, the short time frame that exists to complete this, and Mr. Hanson suggested, at the expiration of the agreement with Scripps Hospital, that continuation of those services be provided. Councilman Malcolm emphasized that the monies are going to stay in this community. AMENDED ~OTION M (Nader) to direct staff to seek up to $2,000,000 worth of services to come from the Hospital spread over such period of time to enable the deal to go through and authorize staff to reduce it to $1,000,000 if the deal does not go through. (Motion died for lack of a second.) MINUTES - 13 April 4, 1989 VOTE ON THE MOTION: Motion passed unanimously. MOTION MSUC (Malcolm/Cox) to direct staff to assure the agreement stipulates that Sharp Hospital would be prohibited to distribute the funds to entities outside the City of Chula Vista. At 6:58 p.m., Councilman Malcolm left his seat on the dais. 3. REPORT ON THE OXFORD STREET SPECIAL STUDY AREA (Director of Planning) Director of Planning Krempl recommended that Council approve the recommendation of the Montgomery Planning Committee to initiate the filing of an application for the redesignation of the lands within Oxford Street Special Study Area from "Parks and Open Space" and "Special Study Area" to "Low/Medium Density Residential" on the plan diagram of the Montgomery Specific Plan; and, a companion application for the rezoning of the said lands from "RU 29" to "R-2". The Planning Department concurs with the Montgomery Planning Committee that there is a substantial need for additional parksite and acreage within the Community and especially critical in the vicinity of Third Avenue and Oxford Street. Roxie Freeman, 634 Mariposa Circle, Chula Vista, 92011, representing her mother, Thelma Hastings, owner of property in the Special Study Area, stated that if Council approves the staff recommendation the property would not be worth what it would have been. She stated her mother has already lost several thousands of dollars and is now only interested in getting the most money possible for her property. MOTION MSC (Moore/Nader) to instruct staff to initiate the filing of an application for the redesignation of the lands within Oxford Street Special Study Area from "Parks and Open Space" and "Special Study Area" to "Low/Medium Density Residential" on the plan diagram of the ~lontgomery Specific Plan; and a companion application for the rezoning of the said lands from "RU 29" to "R-2". (Councilman Malcolm out) 16. CITY MANAGER'S REPORT a. None 17. MAYOR'S REPORT a. Selection process for Chula Vista 2000 Task Force and decision for process Council discussed the process for selection and concurred to meet on Wednesday, April 12 at 5:30 p.m. for a paper screening of the applicants. At 7:11 p.m., Councilman ~lalcolm resumed his place on the dais. MINUTES - 14 April 4, 1989 b. Designation of applicants for Library Board Councilmembers concurred that those Councilmembers who want to interview certain applicants will telephone the Council Secretary to schedule the interviews. c. Display of flags at City facilities Robert Foncerrada, 482 Park Way, Chula Vista, brought his concerns to Council relative to the improper display of the American Flag at municipal buildings which at times is not taken down in rainy weather and often left to fly all night with no light. MOTION MSUC (Cox/Malcolm) to direct staff to report back on the proper display of the flag at municipal facilities and a policy for displaying the flag at half-mast. d. AB 145 (Costa): Wildlife, Recreation, Museum Bond Act MOTION MSUC (Cox/Malcolm) to take a position in support of the AB 145. e. Letter from the Chairman Pressutti, Commission on Aging regarding the Human Services Council. MOTION MSUC (Cox/Malcolm) to docket the letter for written communications at the Meeting of April 11. At 7:21 p.m., Mayor Cox left the Meeting and Mayor pro tempore Nader took the Chair. 18. COUNCIL COMMENTS COUNCILMAN MOORE: a. MOTION MSC (Moore/Nader) to direct staff to provide the supporting data and correspondence to the County Assessor or public entity to investigate a potential tax credit for homes adversely affected by traffic noise. ADDITION TO THE MOTION /Nader/Moore) to include the data be provided to the Planning Commission as part of the referral made earlier. VOTE ON THE MOTION AND ADDITON THE MOTION Motion carred. (Mayor Cox out) b. Suggestion was made to docket for the next meeting the creation of an Ad Hoc Water Task Force and invite two representatives to serve from the Water Districts. MINUTES - 15 April 4, 1989 COUNCILMAN MALCOLM: c. SB 1403: Funding for Olympic Training Center ~c~ MOTION MSC (Malcolm/Moore) to support SB 1403. (Mayor Cox out) AB 2400 (Hannigan): Transient Occupancy Taxes (Oppose) }~ SB 89 (Torres): Cancer presumption for Peace Officers (Oppose) d. Bus and driver for Coastal Commission tour on April 10 (project reviews) announced the City Manager will take care of this. COUNCILWOMAN MCCANDLISS: e. Daycare and system design: authorization to add additional ipc' sub-committee to Chula Vista 2000 Task Force MOTION MSC (McCandliss/Nader) to designate a Sub-Committee for the Chula Vista 2000 Committee on Day Care. (Mayor Cox out) f. Update on status of BKK This item was requested to more ':~ clearly understand why Appropriate Technologies II Inc. has resumed operations at some level of use. Fire Marshal Gove reported the events that occurred since Council action at the Meeting of March 14, 1989 which included correspondence to James Lantry Consulting outlining fire department requirements for Appropriate Technologies II Inc.; a telephone conversation with David Hill, BKK Civil Engineer; letters to State Department of Health Services, Assemblyman Peace and other legislators citing the City's position and a telephone converstaion with Tim Sparks, Projects Coordinator for Appropriate Technologies II Inc. Marshal Gove also reported that, to date, telephone calls to the State Department and the County of San Diego have gone unanswered. Tim Sparks, Projects Coordinator of Appropriate Technologies II Inc. reported to Council on the limited operations by accepting only critical materials in limited quantities, the April 3 shipment of 80 drums to Oklahoma and the April 5 shipment of 40 drums which will leave 10 containers in the facility. He stated the plant is presently staffed 24 hours a day. Councilman Malcolm stated it is unbelievable the County of San Diego and State of California would allow Appropriate Technologies II Inc. to continue processing the materials. Councilmembers discussed the benefits of receiving information pertaining to the current Appropriate Technologies II Inc. operations and that the h Fire Department make Council aware of t elr contacts to prevent future problems and the possibility of a Sub-Committee to act as a liaison and work through the political tape. MINUTES 16 - April 4, 1989 MOTION MSC (Malcolm/Moore) that a Council Sub-Committee begin to work through the political liaison at the County level to do the follow up on Appropriate Technologies II Inc. (Mayor Cox out) MOTION M (Nader) to direct staff to send Appropriate Technologies II Inc. notification that their continued operations are in violation of fire safety regulations as set forth by the Fire Marshal and Chula Vista Fire Department and constitutes a public nuisance. AMENDED MOTION MS (Nader/McCandliss) to indicate to Appropriate Technologies II Inc. that operations without compliance to safety operations is a public nuisance and, if not abated within thirty days, City will take action. Councilmembers discussed the financial responsibility of the City, the risk factor to the City and the lack of authority now in the Council's hands. Water supply at the site was discussed and City Manager Goss reported Appropriate Technologies II Inc. is operating at a minimal level and dilemna exists since the County and State allow them to continue operations; the City should put more water on the site. Appropriate Technologies II Inc. Project Coordinator Sparks reported the temporary storage of water and, irrespective of Council action, its plan to ship large gallon tanks to the site which are now in the City of Los Angeles. VOTE ON THE MOTION Motion passed. (Mayor Cox out) MOTION MSC INader/McCandliss) to direct staff to send a letter to Appropriate Technologies II Inc. notifying them to comply with the Fire Safety Regulations within 30 days. (Mayor Cox out) ADJOURNMENT AT 7:55 p.m. to the regular meeting of April ll, 1989 at 7:00 p.m. /~, ' M. Fulasz, CMC ~ LERK ~/ean Fortune, CMC ~DEPUTY CITY CLERK