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HomeMy WebLinkAboutcc min 1988/05/10 At 6:50 p.m., Council met in Closed Session to discuss instructions to negotiators regardin9 an unclassified position and Council will continue the discussion in Closed Session immediately following this Meeting. The item was added to the A9enda because of findings, after the Agenda was posted, that action needs to be taken. MINUTES OF A REGULAR COUNCIL MEETING THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May lO, 1988 Council Chamber 7:00 p.m. Public Services Buildin9 ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Moore and McCandliss MEMBERS ABSENT: Councilman Malcolm STAFF PRESENT: Assistant City Manager Asmus, Deputy City Manager Morris, Assistant City A~torney Rudolph PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MSC (Moore/McCandliss) to approve the Minutes for the Meeting of April 26, 1988. (Councilman Nader out) 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION COMMENDING THE SWEETWATER AUTHORITY FOR lO0 YEARS OF SERVICE Cary F. Wright, Chairman of the Governing Board of the Sweetwater Authority accepted the Proclamation on behalf of the Authority. Mr. Wright expressed the gratitude of the Board for this reco9nition and tribute. b. PROCLAIMING JULY 3-9, 1988 as "AUSTRIA CUP WEEK" Sean Montgomery and Eric Phillips representing the Bonita Rebels accepted the Proclamation which applauded the Soccer Club's event in the international tournament in Bad Schallerbach, Austria. c. PROCLAMATION "NATIONAL PUBLIC WORKS WEEK" Director of Public Works Lippitt accepted the Proclamation on behalf of the Department employees, and expressed pleasure to be a part of the major public works projects in the City of Chula Vista. MINUTES 2 May 1 O, 1988 d. PRESENTATION -HAZARDOUS WASTE MANAGEMENT PLAN San Diego County Representatives David Merk, Project Coordinator with the San Diego County Department of Health Services and Environmental Health Services, stated that this evening the Draft Plan will be formally deliverea to the City of Chula Vista. The County and the San Diego Association of Governments (SANDAG) request that Council review and comment on the Plan for final approval and return to them by June 9, 1988. For an approved State Plan, approval must be secured from a majority of the incorporated cities with a majority of the population. Mr. Merk described the types of waste included in the Plan, the landfills which were used to handle this waste in the past, Assembly 2948 which proposes to ban on Nay l, 1990 the landfilling of untreated hazardous waste in the State. The present approach is to present a Management Plan in every County of the State using State funds, (2) to streamline and cite the procedure to bring in the public's concern at an early stage, and (3) an appeals process to be developed whereby local land use decisions can be appealed to the State to evaluate local treatment facilties for consistency. Steve Sachs, Senior Planner for SANDAG, described how the Plan would affect this City and presented the framework for the process of locating a site. To be considered are (1) where the facilities would be considered, (2) the incorporation of 34 siting criteria to be used in the evaluation of the proposed sites, and (3) the Conditional Use Permit for the Plan and how it could be modified to include the criteria. Councilmembers discussed the map snowing possible sites which, while not depicted in the Plan, will be forwarded to this City for Councilmembers' review. It was confirmed by Mr. Merk that the proposal calls for regional facilities for each County and Councilmembers discussed the location of the County facility. Councilman Moore commented that needed regional facilities are of concern to the people when located in their areas and suggested the logic of crediting a city by the inclusion within that city of such a needed regional facility to be shared by all in the region. Mr. Sachs commented that Councilman Moore's suggestion does have merit and he will review this further. CONSENT CALENDAR (Items 3a Items Pulled: 3a, 8, 10, ll, 12, 13. Mayor Cox stated that item 4 will require a 4/5 vote as an appropriation item. BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN MOORE, the reading of the texts waived by unanimous consent, passed and approved. MINUTES 3 May lO, 1988 3. WRITTEN COMMUNICATIONS a. REQUEST TO APPROVE BOOK SHOP TO BE LOCATED INSIDE LIBRARY - Doris M. Steinman, Friends of the Library, P.O. Box 393, Chula Vista 92012 Staff recommends approval. 4. RESOLUTION 13554 ACCEPTING BIDS AND AWARDING CONTRACT FOR TRAFFIC SIGNAL INSTALLATION AT EAST H STREET/RUTGERS AVENUE CORRAL CANYON ROAD AND AT OTAY LAKES ROAD/RIDGEBACK ROAD CANYON DRIVE AND APPROPRIATING $10,000 THEREFOR (Director of Public Works) Bids were received from three (3) electrical contractors to install the traffic signals. Council accepted the bids and awarded the contract to low bidder, MCR, Electrical Contractors, Inc. in the amount of $124,443 and directed that $10,000 be appropriated from the Development Impact Fee. 5. RESOLUTION 13555 APPROVING REVISION TO ELECTRIC EXTENSION, GAS EXTENSION AND AGREEMENT FOR UTILITY PAYMENT AGREEMENTS FOR LAS FLORES DRIVE ASSESSMENT DISTRICT 85-1 (Director of Public Works) SDG&E's agreements required that installation of the utilities began within 60 days of the date the agreements were approved and that the work be completed one year thereafter. Since the City was unable to start the utility work within the 60 day period, SDG&E requires that the agreements for gas extension, electric extension and for utility payment be supplemented with new ones. 6. RESOLUTION 13556 RESCINDING RESOLUTION NO. 13437 ACCEPTING BIDS AND AWARDING CONTRACT FOR SEWER REHABILITATION - PHASE I AND II AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA TO INTERTEC CONSTRUCTION CO. AND AWARDING CONTRACT TO THE SECOND LOW BIDDER, BOB DIMENT'S BACKHOE SERVICE (Director of Public Works) On February 2, 1988, the City Council by Resolution No. 13437 accepted bids and awarded a contract for "Sewer Rehabilitation Phase I and II at Various Locations to Intertec Construction Co., which contractor was unable to provide the required performance bond and has notified the City they will be unable to enter into a contract with the City. Council awarded the contract to second low bidder, Bob Diment Backhoe Service, E1 Cajon, in the amount of $289,550.40. MINUTES 4 May lO, 1988 7a. RESOLUTION 13557 WAIVING PROCEDURAL REQUIREMENTS FOR SALE OF SURPLUS REAL PROPERTY, ACCEPTING A BID THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT DEED THEREFOR (Director of Public Works) b. RESOLUTION 13558 CONDITIONALLY VACATING A PORTION OF BROADWAY Council approved resolution waiving the procedural requirement and deeding the excess right-of-way to Mr. William Perkins. Staff has negotiated with the adjoining property owner and the proposed agreement provides terms and conditions for the sale. 8. RESOLUTION 13561 ACCEPTING CONTRACT WORK, LANDSCAPING MARINA PARK, E, H, AND J STREET ENTRIES AND J STREET MEDIAN IN THE CITY OF CHULA VISTA (Director of Public Works) On December 8, 1987, Council by Resolution No. 13375 awarded a contract for the landscaping of Marina Park, E, H & J Street entries and J Street median to Roca Construction, Inc. The work is now completed; a final inspection was made on March 25, 1988 and all work was found to be completed in accordance with the contract plans and specifications. The City Engineer, the Director of Planning and the Director of Parks and Recreation are satisfied with the work performed by the contractor. 9. ORDINANCE 2267 AMENDING CHAPTERS 6.04, 6.08 AND 19.04 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE NUMBER OF DOGS AND CATS PERMITTED ON RESIDENTIAL PROPERTIES - SECOND READING AND ADOPTION (Director of Planning) Pulled from the Consent Agenda. 10. ORDINANCE 2268 ADDING CHAPTER 9.60 TO TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE SALE OF MOBILEHOME PARKS SECOND READING AND ADOPTION (City Attorney) Pulled from the Consent Agenda. 11. ORDINANCE AllENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARKS AND DECLARING THE URGENCY THEREOF FIRST READING & ADOPTION (Community Development Director) Pulled from the Consent Calendar. MINUTES 5 May lO, 1988 12. REPORT REGARDING NEED FOR ADDITIONAL TRAFFIC DEVICES AT THE INTERSECTION OF L STREET AND BROADWAY (Director of Public Works) Pulled from the Consent Calendar. 13. REPORT CONCEPTUAL APPROVAL FOR THE RESTRUCTURING OF PARKING STRUCTURE PAYMENTS FOR PARCEL 4: PARK PLAZA AT THE VILLAGE (Community Development Director) Pulled from the Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PCA-88-6 PROPOSED AMENDMENTS TO TITLE 19 {ZONING) OF THE MUNICIPAL CODE PERTAINING TO LARGE FAMILY DAYCARE HOMES (Director of Planning) ORDINANCE 2269 AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE PERTAINING TO LARGE FAMILY DAYCARE PERMITS - FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl reported that under Section 1597.46 of the California Health and Safety Code, local jurisdictions are given limited discretion when considering such permits, and are required to grant those permits if they comply with reasonable standards or requirements concerning spacing and concentration, traffic control, parking and noise control. The local ordinance currently in effect for the City omits traffic control issues in meeting the conditions of approval for obtaining a permit and, in addition, portions of the Montgomery ordinance are too general or do not address all the potential impacts to surrounding properties. Director Krempl reported this ordinance is more straight-forward for staff to evaluate the applicant and, since the conditions are under the purview of the Zoning Administrator, the process would be streamlined. Pat Baraja, 375 "J" Street, stated his concern of the effect such a use would have in his neighborhood by infringement on his quiet life. Director Krempl explained the criteria within the ordinance for possible noise impact. Councilwoman McCandliss stated the difference between a business-oriented Day Care Center and the subject Day Care Home which is an incidental use of the home. NINUTES 6 May 10, 1988 Bernadette Probus, 3868 Caminito de Tatan, 92111, representing the Child Care Resource Service of San Diego County, stated appreciation for Council's consideration of the issues but disagreed it was a model ordinance. Support was expressed for grandfathering of existing large family day care homes licensed by the County; requested her letter of May 3 be made a part of this hearing; suggested the permit be approached on a case to case basis; questioned the designated size play areas; disagreed with the requirement for 6' block walls to insure noise control and stated the discrimination laws include families with children. Director Krempl explained the County's licensing history to explain whicll present daycare homes are candidates for the process. Janine Randolph, 431 Arizona Street, 92011, Randolph Family Day Care reported there are now 143 daycare bills in Congress to deal with this crisis. Family Day Care is valuable and preferre~ by many parents and must take place in a residential neighborhood and be an asset to that neighborhood, rather than be surrounded by block walls. Council was urged to continue the work to streamline the City's process for this permit. Debbie Basabe, 1220 Tobias Drive, 92011, reported the parents do not all arrive or depart from her Family Day Care Home at the same time and questioned the statistics for traffic. Fran Larson, 266 East Millan Street, Larson Day Care, explained the layout of her home and the supportive neighbors but that the children under her care are all under the age of four. The County and the Fire Marshal both inspected her home while the children were at play and all requirements were met. There being no others to speak for or against this issue, the public hearing was closed. Councilman Nader emphasized that a proposed facility submitted to the Zoning Administrator and involves 60% estimated traffic capacity and has 1200 square feet, the facts automatically triggers a review rather than denial of the permit. ORDINANCE OFFERED BY MAYOR COX TO BE PLACED ON FIRST READING, the reading of the text was waived by unanimous consent. Mayor Cox believes this ordinance does streamline the process, there is a definite need for quality day care homes throughout the country but, at the same time, a regulatory review must by made by the City to assure they meet minimum standards. The ordinance is reasonable and the ability to appeal the decision is present. Councilwoman McCandliss stated her responsibility to encourage the establishment of the family day care homes but also to protect the neighborhood. In Council's zeal for standards, however, it seems more cumbersome to the average person. MINUTES 7 May lO, 1988 MS {McCandliss/Nader) to amend Section "F" to state that the City Traffic Engineer shall review potential traffic safety impacts present with the opening of a large family day care home. MS (Cox/McCandliss) to simplify the amendment by suggesting if in the view of the Zoning Administrator Officer, there are unique traffic considerations, the permit would be referred to the Traffic Safety Engineer. AMENDMENT TO THE ORDINANCE RESTATED MSUC (McCandliss/Cox) to amend the ordinance to state the Zoning Administrator will review the potential traffic impacts and, if at a significant level, they will be referred to the City Traffic Engineer for evaluation. AMENDMENT TO THE ORDINANCE MSUC {Nader/McCandliss) to amend the Ordinance by inserting Section l, A Declaration of Intent by the City Council to encourage, foster and streamline the application for Family Day Care Homes in light of the pressing need for child care in our community; and that the City Attorney will write the precise wording. AMENDMENT TO THE ORDINANCE MSUC (McCandliss/Nader) to amend the Ordinance to state the Zoning Administrator may require reasonable requirements to lessen the noise impact including but not limited to the installation of a block wall. VOTE ON THE ORDINANCE AS AMENDED Motion Carried. All voting aye. 15. PUBLIC HEARING PCS-88-4: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR LAS FLORES #2, CVT 88-4 - ROY AND JUDY SHEPARD Director of Planning) RESOLUTION 13559 APPROVING TENTATIVE MAP FOR LOS FLORES NO. 2, CHULA VISTA TRACT 88-4 ROY AND JUDY SHEPARD This being the time and placed as advertised, the public hearing was declared open. Director of Planning Krempl reported the applicant proposes a subdivision of 1.17 acres located on the west side of Las Flores Drive, north of D Street, into five single-family residential lots. Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map is found to be in conformance with the various elements of the City's General Plan. There being no other present to speak for or against the item, the public hearing was closed. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MINUTES 8 May 10, 1988 16. PUBLIC HEARING PCS-88-5: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR MOUNTAIN VISTA, CVT 88-5 MASCOT REALTY (Director of Planning) RESOLUTION 13560 APPROVAL OF TENTATIVE MAP FOR MOUNTAIN VISTA, CHULA VISTA TRACT 88-5 MASCOT REALITY This being the time and place as advertised, the public hearing was declared open. Director of Planning Krempl reported the applicant has submitted a tentative subdivision map known as Mountain Vista, Chula Vista Tract 88-5, in order to subdivide 20.6 acres located at the northerly terminus of Las Flores Drive into ll single-family residential lots and one future development lot. Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative map is found to be in conformance with the various elements of the City's General Plan; and pursuant to Section 66412.2, the effect of this approval on the housing needs of the region has been considered for residential developments. Deputy Director of Public Works/City Engineer Garibay reported a modification to Condition No. 1 to read "unless a deferral is granted by the City Engineer" explaining the owner was required to complete the improvements on all of the frontage in the belief it was under his ownership. By posting a cash deposit the City will be assured the improvements can be accomplished when timely. Additionally, City Engineer Garibay had discussions with Mr. Scott, the applicant, and his engineer who were in agreement to appropriately control the water drainage off the subdivision with a run along the boundary to prevent it from spilling into the KOA Campground but a specific method has not been approved as yet. Drainage system is not shown correctly on the map but is secured as part of the subdivision improvements, and when lots 1 through ll are completed, it will have to be done. Robert Scott, P.O. Box 847, Bonita, applicant reported the expensive conditions to the map for an ll lot subdivision in an already approved assessment district. Negotiation with the Engineering Department have reached the beginning of understanding and there is agreement on the KOA Campground concerns. Th water will be controlled in a direction away from the KOA and into the new flood control channel. Security for improvements on Second Avenue were discussed with the City Engineer and, although Mr. Scott stated to be in agreement with making a cash deposit, now that he is aware of the option, he would prefer to use a letter of credit irrevocable by the bank. Mr. Scott also addressed the three pie shaped lots and the drainage from the lot on the left of the subdivision area. The owner of that lot and Mr. Scott are in agreement to control the drainage in this area. There being no one present to speak for or against the item, the public hearing was closed. MINUTES - 9 - May lO, 1988 RESOLUTION AS MODIFIED BY STAFF OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. ORAL COMMUNICATIONS Hugh Christiansen, 376 Center Street (#350), 92010, addressed the Chula Vista General Plan and presented a sketch of an "under-used" building and area at the southwest corner of 4th and "F" Avenues. Mr. Christiansen suggested a business complex with high quality residences could be constructed by the owners with encouragement with planning by the City and make the present area profitable for everyone. PULLED ITEMS 3. WRITTEN COMMUNICATIONS a. REQUEST TO APPROVE BOOK SHOP TO BE LOCATED INSIDE LIBRARY Staff recommends approval of this request. Doris M. Steinman, 1126-C Garrett Avenue, 92010, stated the appreciation of the Friends of the Library and reported the large funds donated to the Public Library by this organization for programs, equipment and materials which could not have been provided from other sources. MOTION MSC (McCandliss/Moore) to accept the staff recommendation to approve the request. 8. RESOLUTION ACCEPTING CONTRACT WORK, LANDSCAPING MARINA PARK, E, H, AND J STREET ENTRIES AND J STREET MEDIAN IN THE CITY OF CHULA VISTA (Director of Public Works) On December 8, 1987, the City Council by Resolution No. 13375 awarded a contract for the landscaping of Marina Park, E, H & J Street entries and J Street median to Roca Construction, Inc. The work is now completed; a final inspection was made on March 25, 1988 and all work was found to be completed in accordance with the contract plans and specifications. The City Engineer, the Director of Planning and the Director of Parks and Recreation are satisfied with the work performed by the contractor. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved. Mayor Cox noted the contractor completed the work as described but a more finished appearance should have been provided, particularly to the landscape "berms" and, also, asked staff to address what is perceived to be a problem on the east end of the median where grooves exist. MOTION MSC ~ox/Moore) to refer this item back to staff for a proposal to rectify the two problems. ~IINUTES lO - May lO, 1988 lO. ORDINANCE 2268 ADDING CHAPTER 9.60 TO TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE SALE OF MOBILEHOME PARKS - SECOND READING AND ADOPTION (City Attorney) Mary Frances Click, llO0 Industrial Boulevard, 92011, pointed out the attempts to close the "loop hole" in the State's code and the review by the City's Attorney which lead to the conclusion that it may be possible to fashion a police power regulation requiring a right of refusal to the mobilehome park tenants if the requirement is imposed in the context of conversion of the park to another use or another form of ownership. Mrs. Click suggested adding the wording in Section C of the San Marcos ordinance, commended the Assistant City Attorney for the draft of this ordinance and urged Council to approve. R. C. Flaugher, ll00 Industrial Boulevard, spoke in favor of the ordinance to provide the needed protection for low income people. Adeline Smith, 2605 Camino del Rio South, (#402), 92108 of Western Mobilehome Association, reported the State legislature's consideration of this issue for three times, the decision of which was to conclude it is a "taking". Council was asked for reconsideration to check out the proposed legislation amendment being considered now. MOTION MS moore/Cox) to defer for another two weeks to allow the Mobilehome Issues Committee and the park owners the time to discuss it with the City Attorney and "massage the ordinance." When questioned, the Assistant City Attorney confirmed that the term "prior notification" rather than "right of first refusal" is exactly as the State law requires and, if used, no reason remains to have the ordinance. Councilman Nader urged a strongly worded statement why this is a proper use of Council's police powers and suggested the addition of, "WHEREAS, it is essential to the welfare of the community to prevent the displacement of a large number of low income people by encouraging resident ownership" and, in SECTION II, SEVERABILITY, page 5, to add on the third line after "of this ordinance" to add, "or application" Councilwoman McCandliss noted the work that has gone into this ordinance to "plug the loop holes" in the State's ordinance, the motion on the floor is to continue for 2 weeks for suggestions but, in the absence of constructive suggestions, she urged it be placed on second reading and adopted. MINUTES ll May lO, 1988 SUBSTITUTE MOTION MSC (McCandliss/Nader) to place the ordinace on Second Reading for adoption. (Mayor Cox voted no) Mayor Cox explained his negative vote because of his "philosophical problem" with the portions of Section 9.60.040 (A.). ll. ORDINANCE AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARKS AND DECLARING THE URGENCY THEREOF - FIRST READING & ADOPTION (Community Development Director) Assistant Director of Community Development Gustafson provided Council with seven suggested changes to streamline the Code Section to assure it is fully representational and staff requested approval to incorporate the changes and to return with an ordinance at a later date. Nayor Cox reported that the Mobilehome Issues Committee plans to complete its recommendations at their meeting of May 24th. Councilman Nader questioned sections of the draft ordinance as it centers on rent control rather than a binding arbitration ordinance. Assistant City Attorney Rudolph stated his understanding that referral to staff will be for two weeks, the consensus of the Council is to the extent there is a distinction between rent control and binding arbitration to make that distinction to be a binding arbitration ordinance as opposed to a rent control ordinance. MOTION MSC ~'Cox/Nader) to continue the item for two weeks and report back with the recommendations of the Mobilehome Issues Committee. Councilman Nader remarked that the input Council will look for from the Mobilehome Issues Committee is direction for amendments to the mediation ordinance to solve the problems encountered or, if this cannot be done, direction that ought to be given to the City Attorney to incorporate into the Code. Mary Frances Click, llO0 Industrial Boulevard, reported that Council instructed the Mobilehome ISsues Committee to come back to Council in one week with recommendations. The ten members present at the meeting wanted no part of San Marcos' rent control ordinance. The subject ordinance was distributed and nine members decided to study it to bring back to their May 19th meeting for statements. The consensus was a preference for time constraints and clarifications in the present ordinance and, if necessary, to add the third step and bring in one professional mediator. MINUTES - 12 May lO, 1988 VOTE ON THE MOTION Motion carried. All voting aye. Mayor Cox requested those who appeared to speak on the item to return on May 24 and directed the City Clerk to schedule this report back to Council on the Agenda for May 24, 1988 as No. 4 on the Consent Calendar. 12. REPORT REGARDING NEED FOR ADDITIONAL TRAFFIC DEVICES AT THE INTERSECTION OF L STREET AND BROADWAY (Director of Public Works) Assistant Director of Public Works Garibay reported the staff recommendation not to install left turn phasing at this time at "L" Street and Broadway but that a raised asphalt median be installed on "L" east of the intersection. Broadway is a four lane north/south major street with left turn lanes at "L" Street. "L" Street is a four lane east/west major street with left turn lanes at Broadway. Intersection control is by a two phase traffic signal without left turn phasing. James A. Berry, 885 Ash Avenue, 92011, reported his appearance before the Safety Commission to draw attention to the five driveways and alleys in this area and that the same problem existed previously at Fourth and "H". Mr. Berry supported the left turn phasing and that the median be installed. Ben Ramsey Jr., 899 Broadway Avenue, Chula Vista, 92011, 7-Eleven owner, addressed the "near misses" not recorded in accident reports and presented Council with a petition signed by 417 residents and business owners in the area who stated they are in favor of left turn signals being installed at the intersection to prevent further accident and injury reports. MOTION MS ~'~cCandliss/Cox) to accept the staff recommendation and refer to Budget the question of left turn phasing at this intersection and to include the median. Councilwoman McCandliss said she does not support appropriating the money this evening since the budget will be discussed in a few weeks. City Engineer Garibay answered Councilmembers questions as to the funds coming out of traffic signal funds at this time and the impact if Council waited until after 1988-89 budget session. Funds are anticipated for Traffic Signal Fees and, assuming Council approves and directs staff to appropriate $10,000 from the Traffic Signal Fund, staff's interpretation would be to proceed on the project as soon as the funds are available. (Mayor Cox pointed out that the motion would take a 4/5 vote for the appropriation of funds.) SUBSTITUTE MOTION MSUC (Nader/Moore) to approve the Safety Commission recommendation as outlined in the staff report subject to the interpretation outlined by staff. MINUTES - 13 May lO, 1988 Councilman Moore reminded staff that the Chamber of Commerce should be invited to any workshop that adversely affects business in Chula Vista. Councilman Nader suggested that it would be helpful to get a recommendation that reflects the priorities as suggested by the Safety Commission along with asking the Safety Commission to consider the financial impacts of their recommendations. 13. REPORT CONCEPTUAL APPROVAL FOR THE RESTRUCTURING OF PARKING STRUCTURE PAYMENTS FOR PARCEL 4: PARK PLAZA AT THE VILLAGE (Community Development Director) Staff recommended Council accept the report approving, in concept, the restructuring of parking structure payments for Parcel 4, Park Plaza-at-the Village, thereby relieving the future owner(s) from annual payments of ~21,560 to the City, contingent upon the following: (1) Payment of $150,000 in lump sum to the City; (2) Sale of Parcel 4; and (3) Dismissal of bankruptcy and foreclosure proceedings affecting Parcel 4. (4) The Council is also requested to direct staff to contact other signatories of the Reciprocal Grant of Easements for Parcels 1-7 to obtain their consent to amend the agreement to allow the above-stated action. Michael Cowett, 2255 Camino del Rio South, 92108, representing Center City Associates Ltd. stated his recognition that the conceptual agreement previously voted upon by Council was more favorable to the Associates than the present agreement but the present cash buyer is contingent on a parking agreement Being worked out with the City. Mr. Cowett strongly urged Council to give their final approval at this meeting. MOTION MS ~ore/Nader) to approve the report and staff recommendations. MOTION RESTATED BY MAYOR COX To approve the report in concept and to bring back whatever appropriate documents are necessary for final action next week. MOTION CARRIED, all voting aye. Hugh Christensen, 376 Center Street (#350) 92010, suggested that a feasibility study be undertaken to consider a building site on the 2.3 acres owned by the City to construct high quality town houses on the third level to benefit the City and the Downtown Shopping Center. 18. REPORT OF THE CITY MANAGER a. Scheduling Council meetings None MINUTES - 14 May lO, 1988 19. MAYOR'S REPORT a. Travel Authorization for International Conference of Shopping Centers (ICSC) Convention Las Vegas, May 16-18 Council authorization was requested for Mayor Cox and Councilwoman McCandliss to utilize the funds to attempt securing a fourth major tenant for the Homart Development. MOTION MSUC (Nader/Moore) to authorize Mayor Cox and Councilwoman McCandliss to utilize funds in the travel budget to attend the ICSC Convention in Las Vegas. b. Conflict exists with the scheduled June 9 Budget Session Councilmembers discussed options with staff, and the evening session which may be held in other than the Council Chamber which is reserved for the Planning Commission on that evening. MOTION MSUC {Cox/Nader) to reschedule the June 9th budget session to Wednesday, June 8 at 6:00 p.m., with the second session scheduled for the Boards and Commissions starting at 7:30 p.m. c. Anne Collins communicated with the City relative to action taken by Council at the meeting of May 3 on the area in which she has property on Third Avenue south of "L" Street in the Montgomery area. MOTION MSUC (Cox/Nader) to refer the item to staff for a report back to Council on the problems she is encountering; and that Anne Collins be sent an apology for the lack of proper notice being sent to her when the item was heard. (The meeting was scheduled for 4:00 p.m. and she attended at 7:00 p.m.) 20. COUNCIL COMMENTS COUNCILWOMAN McCANDLISS: a. Questioned the blue and white sign at the former Peoples Bank - Director of Planning Krempl will report back when answer is received. b. Parking problems in the area of City Hall for employees and the suggestion that the two hour limit on Guava and the 200 block of Fourth Avenue north of Davidson be changed to allow City identified cars to park in the area. Councilman Nader included a request that staff investigate the need for additional red curbing on the eastern side of the intersection of Fourth and Davidson to prevent trucks parking too close to the intersection. COUNCILMAN MALCOLM: - Absent b. AB 4057 (Wright) General Plan Changes: Notice - Legislation Items (information only) MINUTES 15 May lO, 1988 COUNCILMAN MOORE: AIR SPACE AMERICA starts on May 14 through May 22rid. ADJOURNMENT at 10:43 p.m. to meet in closed session to give instructions to negotiators. ADJOURNMENT AT ll:12 p.m. to the General Plan Update Meeting of May 12 at 7 p.m. and the Regular Council Meeting of May 17, 1988 at 7 p.m. Jennie M. Fulasz, CMC f~ C~ ~ CITY CLERK Fortune, CMC DEPUTY CITY CLERK 1223C