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HomeMy WebLinkAboutcc min 1988/06/21 MINUTES OF A REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, June 21, 1988 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm, Moore and McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Assistant City Attorney Rudolph PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MOTION MSUC '{Moore/McCandliss) to approve the Minutes for the Budget Session of June 8, 1988, as amended to reflect that Councilman Nader voted "no" on the second motion on page 8. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - Proclaiming the month of July 1988 as PARKS AND RECREATION MONTH Mayor Cox John Willett, Chairman of the Parks and Recreation Commission accepted the Proclamation on behalf of the Department and praised the interest taken and the motivation of Director Mollinedo. b. PROCLAMATION Commending Edward Lutchko for his heroic life saving effort of Megan Tayaman on April 23, 1988 - Mayor Cox Mayor Cox expressed congratulations and recognition on behalf of the Council and the City stating that Mr. Lutchko deserves the highest possible honor for his life saving efforts. Mr. Lutchko reported that Megan is doing fine. CONSENT CALENDAR (3a - 27) Items Pulled: 3a, 22, 24, and 27. Mayor Cox announced that items ll, 20 and 23 were appropriation items and require a 4/5 vote for approval, and Council will be voting on the revised Agreement for item 5. Item 3b was addressed by Councilman Malcolm who requested a change in the recommendation, in concurrence with Councilmembers, to send a letter to State Lands Commission to oppose off shore oil drilling, a position previously taken by this Council. MINUTES - 2 - June 21, 1988 BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the texts waived by unanimous consent, passed and approved unanimously. WRITTEN COMMUNICATIONS 3a. REQUEST TO SUPPORT LEGISLATION RE PRIVATIZATION OF DETENTION PROGRAMS County of San Diego Grand Jury, 1420 Kettner Boulevard, Suite 310, San Diego, CA 92101-2432. Council received and filed the letter from the County Grand Jury, and directed staff to monitor the outcome of the County's action with regard to its potential impact on the City of Chula Vista. (This item was reconsidered under "PULLED ITEMS" this meeting.) b. REQUEST FOR SUPPORT OF LEGISLATION TO BLOCK OFFSHORE OIL AND GAS EXPLORATION State Lands Commission, 1807 13th Street, Sacramento, CA 95814 Council directed staff to write Gray Davis, Chairman, and Leo McCarthy, Member, The State Lands Commission to state Council's support as stated in 1985 by Ordinance 2210. c. REQUEST FOR REVIEW OF CURRENT FEES FOR POLICE PHOTOGRAPHS Marshall K. Kelsay, 1520 State Street, Suite 240, 92101. Council authorized staff to prepare a letter to Mr. Kelsay outlining the City's procedures for full cost recovery and detailing the costs related to his specific request. 4. RESOLUTION 13621 APPROVING AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR COLLECTION OF TAXES AND SPECIAL ASSESSMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Assistant City Manager) In an effort to recover the administrative costs of being a collec ion agent for cities, the County Board of Supervisors recently approved ab a an amended agreement est lishing fee of 10¢ per parcel for each fixed charge special assessment collected by the County, as well as increasing the charge for correction of errors to $15.00. 5. RESOLUTION 13622 EXTENDING THE CONTRACT WITH THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT FOR FIRE PROTECTION SERVICES OVER THE PERIOD JULY 1988 - JUNE 1989 (Deputy City Manager) Extension of this agreement will enable staff to complete a study of the fire coverage needs for the Eastern Territories and provide more detailed information regarding a preferred location for the Bonita-Sunnyside fire station that will best serve both District and City needs. MINUTES - 3 - June 21, 1988 6. RESOLUTION 13623 APPROVING AN AGREEMENT WITH THE CHAMBER OF COMMERCE FOR PROVIDING GENERAL INFORMATION SERVICES (Deputy City Manager) The first year cost of the proposed new agreement is for $24,200. The contract provides for two one-year options with the annual amount in the second and third years increasing by the percentage increase of the Consumer Price Index, not to exceed 6% per year. Renewal of the contract will be the subject of an annual staff report prior to approval of the budget, and the contract also includes a 30 day termination clause that may be exercised at any time and for any reason. 7. RESOLUTION 13624 APPROVING INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO FIREWORKS, INC. FOR FIREWORKS DISPLAY AND AUTHORIZING INDEMNIFICATION AGREEMENT WITH ROHR INDUSTRIES FOR FIREWORKS DISPLAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks and Recreation) The fireworks will be launched from a barge anchored in the bay and KKLQ FM-106 radio will provide a musical simulcast during the fireworks display. The station will be providing free pre-event publicity, and is donating $2,500 worth of additional fireworks for the display. The San Diego Unified Port District will be provided with a Certificate of Insurance naming the Port District as an additional insured and the Port will provide a Harbor Police patrol boat in the bay on the evening of the event; Rohr Industries has been contacted in regard to using their parking facilities, for which they will be provided a Certificate of Insurance and an Indemnification Agreement. The Police Department, Traffic Engineering, and the Transit Department are coordinating plans to help relieve the anticipated traffic congestion that has occurred in the past prior to the event. 8. RESOLUTION 13625 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND METROPOLITAN AREA ACTION COUNCIL (MAAC) FOR GROUNDS MAINTENANCE AT LAUDERBACH PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks and Recreation) Since the annexation of Montgomery, the City entered into an agreement with the MAAC training project to maintain the Lauderbach Community Center grounds. The 1987-88 agreement specified a monthly cost of $1,375 and requires the MAAC project to proviee the following services: MINUTES - 4 - June 21, 1988 Provision of landscape maintenance throughout the park area to include, but not limited to irrigation, pruning, turf fertilization, weed control, mowing and edging of turfed areas, etc., accomplished Monday through FriOay between the hours of 6:00 a.m. and 6:00 p.m.; litter control and pick-up; repair of existing outdoor facilities and equipment with material cost provided by the City. The City's responsibility includes provision of materials for repairs, fertilization, planting material, weed and pest control; and reimbursement of the MAAC project for labor cost involved in repairing of equipment or grounds. 9. RESOLUTION 13626 ACCEPTING BIDS AND AWARDING CONTRACT FOR LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE DISTRICT NUMBERS l, 4, 5, 7 AND 9 {Directors of Parks and Recreation, Public Works and City Engineer) Sealed bids were received by the City Engineer to provide landscape maintenance for Open Space District Nos. 1, 4, 5, 7, 9 for FY 1988-89. Council accepted bids and awarded the contracts to the following low bidders: Open Spac~ Contracto~ Amount District #~ R.C. Landscape $ 9,190 #4 R.C. Landscape $20,416 #5 Uribe Landscape $12,990 #7 Krueger $ 3,000 #9 R.C. Landscape $13,800 lO. RESOLUTION 13627 RENEWAL OF LANDSCAPE CONTRACTS FOR OPEN SPACE DISTRICT NUMBERS 2, 3, 6, 8, lO, ll, 14 and 15 FOR FY 1988-89 (Directors of Public Works, City Engineer, and Parks and Recreation) The Department exercised its option and Council approved to renew maintenance contracts with Sensational Creations for Open S ace Maintenance Districts in the following amounts in Fiscal ~ear lg88-89. District 2 $ 4,260; District 3 $20,110; District 6 $9,820; District 8 - $19,640; District lO $24,340; District ll $33,290; District 14 - $9,540; and District 15 - $5,340. The option clause includes three one-year renewal options and provides a percentage increase based on changes that are determined by San Diego area Consumer Price Index for urban wage earners and clerical workers. MINUTES 5 June 21, 1988 ll. RESOLUTION 13628 APPROVING CHANGE ORDER NO. 2 FOR CONSTRUCTION OF NEW FIRE STATION AT 80 EAST "j" STREET CHULA VISTA; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON BEHALF DF THE CITY AND APPROPRIATING FUNDS FROM THE UNAPPROPRIATED GENERAL FUND RESERVES (Directors of Public Works and Public Safety) Proposed Change Order No. 2 is for the inclusion of additional materials and labor to provide a 6 in. drain for excess water, additional concrete apron for driveway, soils engineering, transformer and trenching for electrical service, various changes in floor coverings requested by the Fire Department, fiberglass fuel tanks rather than steel tanks as per the original specifications and revisions to the patio and west side yard of the new structure with the net result of increasing the contract amount $19,994 to a revised amount of $324,714. 12. RESOLUTION 13629 ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM SWEETWATER UNION HIGH SCHOOL DISTRICT FOR TRAFFIC CONTROL EASEMENT FOR BONITA POINT SHOPPING CENTER, LOCATED AT THE NORTHWEST CORNER OF EAST "H" STREET AND OTAY LAKES ROAD (Director of Public Works) Conditions placed upon the Tentative Parcel Map required the developer to obtain an offsite easement for traffic control purposes. 13. RESOLUTION 13630 APPROVING UNCONTROLLED EMBANKMENT AGREEMENT FOR FILL AT THE SOUTHWEST QUADRANT OF EAST "H" AND PASEO RANCHERO BETWEEN THE CITY OF CHULA VISTA AND RANCHO DEL REY PARTNERSHIP, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) Rancho del Rey Partnership has requested permission to temporarily stockpile material needed to be excavated for the widening of the south side of East "H" Street. Council approved subject to conditions that the fill shall be designated as uncontrolled embankment and constructed per the approved plan and permit, the site is not eligible for a building permit, and the site work shall be done and maintained in a safe and sanitary manner at the cost of the owner. 14. RESOLUTION 13631 ACCEPTING PUBLIC IMPROVEMENTS, EASTLAKE I, UNIT 17 (Director of Public Works) Pacific Scene, Inc. has completed the requirements for public improvements for EastLake I, Unit 17, which is generally located to the south of Hillside Drive and between Rue Avalon and Port Ashley within the EastLake Planned Unit Development. Final inspection of MINUTES 6 - June 21, 1988 the public improvements in this subdivision was held on March 7, 1988, and a letter of deficiencies was prepared dated April 12, 1988. Another final inspection was performed on June 2, 1988, and all work was found to be completed in accordance wit)~ the approved plans and to the satisfaction of the City Engineer. 15. RESOLUTION 13632 ACCEPTING PUBLIC IMPROVEMENTS, EASTLAKE I, UNIT 3 (Director of Public Works) The Burgess Co. has completed the requirements for public improvements for the EastLake I, Unit 3 subdivision, which is generally located to the north of Lakeshore Drive and west of EastLake Drive within the EastLake Planned Unit Development. Final inspection of the public improvements in this subdivision was held on April 14, 1987, and a letter of deficiencies was prepared dated May 13, 1987. Another final inspection was performed on June 9, 1988, and all work was found to be completed in accordance with the approved plans and to the satisfaction of the City Engineer. 16. RESOLUTION 13633 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC EMULSIONS (Directors of Finance and Public Works) The material will be used for the street chip sealing program which will be completed by the end of September. The estimated usage is 220 tons based on 25 ton loads. The Streets Division estimates that they will require six 25 ton loads and six short loads. Based on that estimate, the total cost for the materials from the two bidders will be as follows: Western Emulsion: 150 tons @ 135.99 = $20,398.50 70 tons e 163.19: 11,423.30 $31,821.80 Sim J. Harris: 220 tons @ 145.90: $32,098.00 Council accepted the bid and awarded the contract to low bidder, Western Emulsion. 17. RESOLUTION 13634 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC CONCRETE (Directors of Finance and Public Works) Council accepted the bids and awarded the contract to low bidder, Sim J. Harris Company, in the amount of $85,015 for furnishing asphaltic concrete to the City for use in street repair during the period July 1, 1988 through December 31, 1988. The bid meets specifications and is acceptable to the Director of Public Works. 18. RESOLUTION 13635 ACCEPTING BIDS AND AWARDING CONTRACT FOR SCREENINGS (STONE CHIPS) (Directors of Finance and Public Works) MINUTES - 7 - June 21, 1988 Council accepted the bids and awarded the contract to low bidder, Sim J. Harris Co., for furnishing screenings (stone chips) to the City for the period July 1 through December 31, 1988. The material will be used for the street chip sealing program and delivered to the City Yard. 19. RESOLUTION 13636 ACCEPTING CONTRACT WORK, CONCRETE SLAB REPAIRS, AND REFINISHING AT PARKWAY GYM (Director of Parks and Recreation/Director of Public Works) On May 31, 1988, Clough Flooring completed the original flooring contract which project was delayed approximately 45 working days due to extensive slab settlement and soil erosion. Structural and soils engineering firms studied the settlement, specified repair procedures and recommended solutions to correct improper drainage at the site. These recommendations are now being incorporated into the Memorial Park Construction, Phase I, currently in design. Both phases are now complete and the gym is open to the public. A final walk-through of the project was held on May 31, 1988, and all work is in accordance with contract specifications and to the satisfaction of the Building Maintenance Superintendent and the Director of Parks and Recreation. Councilman Malcolm commended Director Mollinedo and City Manager Goss for the excellent job accomplished by assuring the improvements were done before the school children were released for the summer. 20. RESOLUTION 13637 APPROVING TRANSFER OF FUNDS FROM THE INSURANCE BUDGET TO THE MINIMUM PREMIUM HEALTH PLAN FUND (Risk Manager) $90,000 of the $127,700 surplus funds in the FY 1987-88 Insurance Budget will be placed in the Minimum Premium Health Plan Fund to cover an anticipated shortfall in premiums collected to pay health claims. 21. RESOLUTION 13638 FINDING COMPENSATION OF UNREPRESENTED CITY OFFICERS AND EMPLOYEES UNFIXED AND UNCERTAIN (Assistant City Manager) Constitutional constraints surrounding the City's ability to alter compensation of its employees after service has been rendered requires Council's finding that compensation for unrepresented City officers and employees is "unfixed and uncertain" on and after July l, 1988. 22. RESOLUTION APPROPRIATING FUNDS FROM IMPERIAL SAVINGS BANK ACCOUNT AND AUTHORIZING EXPENDITURE OF SAID FUNDS FOR A LIBRARY HISTORIC PHOTO MURAL (Library Director) Pulled from Consent Agenda. MINUTES - 8 - June 21, 1988 23. ORDINANCE 2272 AMENDING SECTION 2.05.010 of the MUNICIPAL CODE ESTABLISHING UNCLASSIFIEO POSITIONS FIRST READING (Director of Personnel) During the 1988-89 Budget process, it was anticipated that three newly created classes would be unclassified. The City's Charter indicates that an ordinance adopted by a 4/5ths vote is required to establish two of the three positions as unclassified; the third position is already listed in the Municipal Code. 23A. ORDINANCE 2271 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING THE SOUTHEAST CORNER OF BROADWAY AND ANITA STREET FROM A C-37 HEAVY COMMERCIAL ZONE TO AN I-L-P LIMITED INDUSTRIAL ZONE SECOND READING AND ADOPTION (Director of Planning) Two triangular shaped parcels totaling 7.60 acres on either side of Broadway between Artira Street and Main Street are proposed to be used for light industrial and commercial uses. Although both parcels are zoned C-37 heavy commercial, the eastern parcel is designated for research and light industrial uses under the Montgomery Specific Plan. In order to avoid potential conflicts created by operation of commercial uses in conflict with the light industrial land use designation, Council approved the applicant's requests to rezone of the eastern parcel to the I-L zone and approved a master CUP to permit selected commercial uses which would complement light industrial activities. 24. REPORT CONCERNING AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE-RENT MEDIATION (Director of Community Development) Council postponed discussion of proposed amendments to City Municipal Code Section 9.50, Mobilehome Park Space Rent Mediation, until the Mobilehome Issues Committee has taken formal action on the proposed changes. MOTION MSUC (McCandliss/Cox) to continue the item to the regular meeting of July 26, 1988. 25. REPORT VACANCIES ON BOARDS, COMMISSIONS AND COMMITTEES AND REQUESTS FOR REAPPOINTMENTS (CITY CLERK) Council approved the requests for reappointments and directed the Council Secretary to set a date for interviews for the other appointments. Commissions established by Charter for which Council must interview and appoint include the Planning Commission, the Library Board of Trustees, the Civil Service Commission, and the Parks and Recreation Commission MINUTES - 9 - June 21, 1988 26. REPORT SECTIONAL PLANNING AREA BOUNDARIES, RANCHO DEL REY (Director of Planning) Phase I has been approved and is pending development. The applicant now wants to reverse the phasing of SPAs II and III and continue with development north of East "H" Street on the next project Staff recommends approval to amend the SPA boundaries to reverse SPA's II and III and allow a continuation of planning north of "H" Street and believes the continued development of the larger estate housing is consistent with Council's prior interest in balancing the supply of housing types and price ranges. 27. REPORT GENERAL PLAN UPDATE REFERRALS Pulled from Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 28. PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE BUDGET FOR FISCAL YEAR 1988-1989 WHICH INCLUDES ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDED 6/30/89 AND THE PROPOSED USE OF $152,640 OF GENERAL REVENUE SHARING FUNDS. (Director of Finance) a. RESOLUTION 13639 ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 1989 b. RESOLUTION 13640 ADOPTING THE FISCAL YEAR 1988-89 BUDGET This being the time and place as advertised, the public hearing was declared open. City Manager reported on the several workshops conducted by Council in addition to the Capital Improvement Projects tour to consider the special and operating budgets of the City and the changes approved by Council during this process, Highlights of the budget were itemized and explained as well as the revenues, such as property taxes, sales and use taxes, utility users taxes, transient occupancy taxes, and state subventions, Revenues from other sources like fees/charges and federal grants are considered "Non-Proceeds of Taxes" and not subject to limit. The State Department of Finance is charged with providing the data necessary for local jurisdictions to establish their appropriation limit. Based on this data, the 1988-89 appropriation limit has been calculated. City Manager further reported items pertaining to which the circumstances have changed since Council's consideration. (1) Since Council action on June 15 to purchase books and materials for the branch libraries, there is now indication that the County will have a different proposal relative to their maintenance of both branch libraries. (2) Pursuant to receipt of a request from the MINUTES - 10 June 21, 1988 Planning Commission for compensation for Commissioners, a survey concludes that the majority of cities in the County do pay commissioners. (3) Looking at the Downtown promotion budget, staff did not identify discretionary money in that area for funding of the Downtown Manager approved in concept by Council. There being no others to speak for or against this item, the public hearing was closed. Councilman Malcolm commented on a request to the Mello Roos assessments at budget time which Council did not do, and requested staff to schedule this item immediately. RESOLUTIONS a. AND b. OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the texts was waived by unanimous consent, passed and approved unanimously. FOLLOW UP MOTION (Malcolm/McCandliss) to docket the Mello Roos item sometime during the month of July to review the EastLake assessment. Councilman Nader referred to his proposals brought forward regarding notification and assessments, and requested staff to report on at the same time, docket as well. MOTION MSUC refer to the Charter Review Committee the request of the Planning Commission regarding stipends. Councilman Moore requested that all commissions be considered when this review takes place. 29. PUBLIC HEARING PCA-88-5 CONSIDERATION OF PROPOSED AMENDMENTS TO TITLE 5 AND TITLE 19 OF THE MUNICIPAL CODE RELATING TO THE LICENSING OF DANCE PERMITS a. ORDINANCE 2273 AMENDING VARIOUS SECTIONS, REPEALING SECTION 5.26.100 AND ADDING SECTION 19.58.115 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO PUBLIC DANCES This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl reported the referral to staff by Council to review existing Code regulations surrounding the granting of dance permits, particularly as they relate to the granting of permits only for those businesses that qualify as "bona fide eating places." The amendments will establish consistency throughout the City and, additionally, some archaic language has been eliminated from the existing regulations. There being no others to speak for or against this item, the public hearing was closed. MINUTES - 11 June 21, 1988 ORDINANCE OFFERED BY COUNCILMAN MOORE and placed on First Reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. 30. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-88-47 REQUEST TO APPROVE MASTER PLAN FOR FUTURE DEVELOPMENT OF THE ELKS LODGE AT 901 ELKS LANE - ELKS LODGE ~2011 (Director of Planning) a. RESOLUTION 13641 APPROVING MASTER PLAN FOR ELKS LODGE This being the time and place as advertised, Mayor Cox declared the public hearing open. Mayor Cox, because he is a member of the Elks Lodge, announced his intent to abstain on this item and left his seat on the dais. Mayor pro Tempore Malcolm took the Chair. The resolution (1) finds that the project will have no significant environmental impacts and adopts the Negative Declaration issued on IS-88-69, and (2) approves the request in accordance with the recommendation of the Planning Commission subject to the itemized conditions. There being no others to speak for or against this item, the public hearing was closed. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved. (Mayor Cox out) 31. PUBLIC HEARING ON TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT FOR FY 1988-1989 (Directors of Public Works, and Parks and Recreation) a. REPORT FUNDING OF ADMINISTRATION COSTS FOR TOWN CENTRE MAINTENANCE DISTRICT b. RESOLUTION 13642 CONFIRMING THE DIAGRAM AND ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY l, 1988; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY l, 1988 THROUGH JUNE 30, 1989 FOR THE CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1988-89 This being the time and place as advertised, Mayor pro Tempore Malcolm declared the public hearing open. MINUTES - 12 June 21, 1988 Mayor Cox returned and took his Chair on the dais. Director of Public Works Lippitt reported that the assessments budget was approved by Council on June 15, 1988 and the assessments decreased by 1.07% for 1988-89. The Town Centre No. 1 Street Lighting and Landscape Maintenance District have been extended south of "G" Street and westerly from Third Avenue on the south side of "F" street. There being no others to speak for or against this item, the public hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the rea~ing of the text was waived by unanimous consent, passed and approved unanimously. 32. PUBLIC HEARING ON BAY BOULEVARD STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT FOR FY 1988-1989 (Directors of Public Works, and Parks and Recreation) a. REPORT FUNDING OF ADMINISTRATION COSTS FOR BAY BOULEVARD MAINTENANCE DISTRICT b. RESOLUTION 13643 CONFIRMING THE DIAGRAM AND ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY l, 1988; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY l, 1988 THROUGH JUNE 30, 1989 FOR THE CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1988-89 This being the time and place as advertised, Mayor Cox declared the public hearing open. City Mana er Goss reported this public hearing is basicall the as t~e Th Bayfront Pa~ has thi s agenda. e previous item on same been completed and the maintenance costs are included in the proposed assessments. There being no others to speak for or against this 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 13 - June 21, 1988 33. ORAL COMMUNICATIONS a. Stanley Wade, Bonita, reported, at a meeting of the Board of Supervisors to consider an increase in the speed limit on Corral Canyon Road, a petition was presented, signed by over 300 residents of Bonita Highlands, to request that the speed limit be retained at 25 miles/hour and that signalization and stop signs be installed at other intersections. Mr. Wade requested that Council withdraw their original request to the County. City Engineer Garibay reported that the County erroneously stated that he had made the request. Mr. Garibay, rather, informed the County that the City was to open up Corral Canyon Road and that the County should "review" the road on the County portion. MS {Malcolm/McCandliss) to direct a letter be sent to the County clarifying that the City of Chula Vista has not requested any speed limit change on County property on the speed. (The City Manager reported that he will take of this letter from his office and handle the matter administratively.) PULLED ITEMS 3a. REQUEST TO SUPPORT LEGISLATION RE PRIVATIZATION OF DETENTION PROGRAMS - County of San Diego Grand Jury, 1420 Kettner Boulevard, Suite 310, San Diego, CA 92101-2432. Councilman Malcolm stated his intent to have this item pulled and referred to the letter from the Grand Jury outlining problems in the jail system and to the County Sheriff's position that the private sector could provide for construction of facilities. Councilman Malcolm stated his belief that the private sector might do this more timely and that Council should go on record in support of a pilot program. MSUC (Cox/Malcolm) to reconsider the action of Council on item 3a. Councilman Malcolm further stated that the private sector may or may not do this cheaper but, in this particular case, it might be valuable to see what they can do to provide a check on the system. City Manager reported on the Sheriff's concern with the private sector operating the jail. MOTION MSUC (Malcolm/Cox) to direct a letter be sent to the Board of Supervisors urging their consideration of a pilot program. 22. RESOLUTION 13644 APPROPRIATING FUNDS FROM IMPERIAL SAVINGS BANK ACCOUNT AND AUTHORIZING EXPENDITURE OF SAID FUNDS FOR A LIBRARY HISTORIC PHOTO MURAL (Library Director) MINUTES 14 June 21, 1988 City Manager Goss reported that in October 1938, William H. Sallmon, a local rancher, donated $1,000 to the Chula Vista Public Library. After the Library Board was unable to find a suitable investment for the $1,000 donation the money was invested in a savings account. In ensuing years, this donation was used as an endowment and the interest earned was used to purchase books considered too costly to be bought from the regular book budget; this account now has a balance of over $4,000 and the Library proposes the account be closed and the funds applied to the installation of a historic photo mural in the lobby of the Library to be called Chula Vista Heritage. The Library would like to add $4,055 from the Imperial Account to expedite the completion of this work. Mr. Sallmon's name will be listed as a donor, and his descendants are being sought to attend the opening ceremonies. Frank M. Roseman, 66 Montehello Street, representing the Chula Vista Heritage Mural Committee, spoke in favor of the use of these funds and, additionally, requests the money be transferred to the Friends of the Library's account to avoid any delay in the process. MOTION MSUC ~ McCandliss/Cox) to accept the staff recommendation and to amend them having the funds transferred to the Friends of the Library to go toward the subject project. {Councilman Moore abstained) Councilwoman McCandliss commented that there is no liner gift to the community than this Mural and will be enjoyed by generations to come. RESOLUTION AS AMENDED OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved. At 8:10 p.m., Council went into recess and reconvened at 8:40 p.m. Councilman Malcolm left the Council Chamber and the meeting at this time. 27. REPORT GENERAL PLAN UPDATE REFERRALS Director of Planning Krempl reported that on May 12, 1988, Council held a conference on various reports, policies and land use matters pertaining to the General Plan Update and made several referrals to staff and the Planning Commission which dealt with the Open Space policies, Fiscal Impact Report, the Circulation Element, analysis of high rise buildings in Central Chula Vista, General Plan Policies, mixed land use opportunities around the trolley station development, and certain land use issues regarding a transition between Salt Creek Ranch and EastLake and the Unocal proposal. Staff recommends Council accept this report and give direction to proceed with preparation of the preliminary General Plan text and maps. MINUTES 15 - June 21, 1988 1. The open space policy concerns whether or not encroachment should be allowed on slopes 25% or greater. Deliberations by the Planning Commission have been continued to July 13th. The degree of flexibility for density credits was considered as a part of that item, and the Planning Commission discussed all areas be 0 to 100% taking the flexibility up for high schools and junior high schools, and down a notch for private schools, daycare and private education, and treating them as candidates for density transfers. 2. The Fiscal Impact of the Operating Plan on the City was reviewed by the City Manager, the Finance Director and other staff and with recalculations now shows there is a net operating surplus of $3,787,000 in the year 2005 for the City of Chula Vista. 3. The Circulation Element text has been forwarded to Council to show scenarios, rights of way and proposals for Scenario ~4. Staff has been in contact with developers and changes have been made to accommodate Rancho Del Sur proposed circulation system to be consistent with the General Plan, and consistency with the County of San Diego and there are outstanding issues in regard to Baldwin, Buie Corporation and Unocal. Staff recommends the Circulation Element be accepted as preliminary and subject to further refinement and direction to staff to prepare the full circulation element for the General Plan. 4. High Rise policies in the Town Centre and larger environs have identified the four areas for multi-story development as Town Centre I, the Bayfront, the area between E southerly to H Street and between Woodlawn and I-5, and the vicinity of the proposed university site at Orange and ~125. Staff would like direction to prepare the draft General Plan text to include multi-story development policies. 5. Land use possibilities around the trolley stations include a schematic in the staff report with the concept of stations at E and H Street with commercial offices. Staff recommendation is to include the multi-use concept and mixed use as a component of the General Plan text. 6. Interface between Salt Creek and EastLake and the buffer treatment in the employment park. The staff proposal is for medium residential for 6 to ll on the finger of EastLake property, a modest amount of medium residential, 6 to ll north of EastLake business park, and on the easterly area of EastLake, residential to low medium. Staff does not advocate any change in the Unocal property and recommends Council concur with the recommendations. City Manager Goss reported the projections of the fiscal impact on the General Plan and described them as "murky" and questions if the projections are safe enough to provide levels of service for the year 2005. Reasons for his statement are that the current revenue base is not responsive to the economy and history shows revenues to be more restrictive than liberal. City Manager suggested a mechanism included to assure that future Councils can adjust as the MINUTES 16 - June 21, 1988 need arises. Councilmembers discussed the need to review the fiscal impact annually; the land uses for trolley stations and standards around these stations. City Engineer Garibay also clarified the landscape buffer and that the area will not be graded out, and, with slides, pointed out the proposed 6-lane road for Otay Lakes Road and the right of way or irrevocable dedication required by facilities in the area. Planning Director Krempl confirmed that level "C" would be maintained; mid-rise in Town Centre I is a matter of concern for high rise units; criteria for the range of densities is now being discussed but it is not expected to arrive at criteria for all Cases. Peter Watry, 81 Second Avenue, representing Crossroads, requested (1) the City set up criteria for density transfers so the citizens will know what judgements were made to set 0 to 100%; (2) the intersection of Orange Avenue and Medical Center Drive was established to be and 'at level" intersection and assurance that it would be a level "C" intersection was requested; (3) regarding the mid rise criteria, a concern exists for Third Avenue and high buildings. Mr. Watry requested support of the staff recommendations for Nos. 4, 5, 6, and 7. Bob Santos, 900 Lane Avenue, Suite lO0, representing EastLake Development, reported his agreement with the traffic circulation and fiscal impact studies as supplied to him by staff. One concern previously expressed was the EastLake business center and their present agreement with staff's recommendation, but requested a note in the General Plan that designates the R-L-M area would be a future study area for industrial designation. The EastLake Development Co. believes there is room to work in the future with the City to meet mutual goals, and urge support for the recommendations. Greg Smith, 11975 E1 Camino Reale, San Diego, 92130, representing the Baldwin Company, reported being in agreement on most areas of discussion and the present quandry surrounding a 42 acre area, which is adjacent to the EastLake industrial park. Mr. Smith pointed out the area on slides for Council. Steve Estrada, 11975 E1 Camino Reale, San Diego, Baldwin Company, agrees that Salt Creek should be a community where land uses conform and take advantages of the existing topography. The Baldwin Company believes that "ridges" of topography make better buffers than canyon bottoms between different land uses; and that similar land uses should be located in the same view section. Mr. Estrada requests the staff recommendation be amended to designate the area in question as medium density residential, which revision would not impact the proposal. MINUTES 17 - June 21, 1988 Councilwoman McCandliss questioned the thinking for need of buffering one side and not the other, and Director Krempl stated the buffer is a design issue rather than a density issue. Staff's main concern is of overall density and the cumulative effect it would have on the eastern area. Councilman Nader pointed out on a chart a suggestion to result in lower density overall and more open space. Director of Planning Krempl stated the 3 to 6 suggestion is consistent with the pattern in #4 Scenario, but may violate the policy which states that "as long as the overall character and type of development within any particular land area was 70% consistent with the density category, the 30% could move to another category or type of land use or building type without being considered inconsistent with the general plan" and stated he would have to review it on paper. Bruce H. Warren, 401 West "A" Street, Suite 2500, 92101, representing United Enterprises, read portions of a letter he later distributed to Council concerning the company's areas of concern. Mr. Warren referred to the Task Force set up by the Board of Supervisors and that plans are being contemplated for property before the results of the Task Force have been determined. As the major landowner, United Enterprises believes they should have the privilege of reviewing and influencing the plan that will regulate the land owned by the company. Mr. Warren believes the proposal will not be fiscally sound and not be implemental, and requests that Chula Vista temporarily cease the planning efforts for land holdings until such time as the interjurisdictional Task Force process and resultant planning process is completed. Kathy Higley, 411 West Fifth Street, Los Angeles, reported the conceptual plan of the company which, in their view, overemphasizes the role that Orange Avenue will be playing, questioned the number of crossings at the Otay River Valley, and the lack of trip making development would indicate because of the balanced residential and industrial plan. Alison Morsal, 1200 Fifth Avenue, San Diego, added comments on the number of units United Enterprises is contemplating and that no guarantee of the resultant figure, and that the County and the City of Chula Vista are now working on something to satisfy everyone's goals if given the time to work through the process. DKS have taken SANDAG's projections for their process, as has the City of Chula Vista, but despite the higher number the marginal increase in traffic volume is extremely small for the reasons given by Kathy Higley to capture the development trips on site. Ms. Morsal request the time to go thoroughly, comrehensively and logically through the options. Charles Gill, 600 B Street, Suite llO0, San Diego, 92101, representing the BUIE Corporation, the developer of BONITA MEADOWS, referred to his letter which address the concerns of referrals to the Planning Commission and which are still pending. Additionally, a concern was raised to the status of Blacksmith Road, relative to which a traffic consultant was retained to examine the need for a MINUTES 18 - June 21, 1988 study of the site. Mr. Gill requested Council to withhold any decision relative to the Circulation Element road pending the decision of Blacksmith area, and to postpone any specific action relating to land use designation for the Bonita Meadows property until the policies are returned from the Planning Commission. Wayne Loftus, 6680 Convoy Court, San Diego, 92111, UNOCAL, reported no satisfaction with the direction of this process. UNOCAL property is 2500 acres in area, of which 525 is suggested for development opportunity, the northerly portion of which, 1800 acres, is slated for open space. Mr. Loftus emphasized the development opportunities above the Sweetwater Reservoir which have not been addressed, and the City's approach relative to the 750 acres in the southern area, 525 of which has been slated for developement. UNOCAL is being expected to provide for 30 acres of Route 125, and the entire right of way, whereas other developers have provided no right of way, and an opportunity for innovation in the planning process was suggested. Gary Woods, P & D Technologies, clarified that the northerly section referred to by Mr. Loftus would allow 178 units to be transferred to the southerly portion of the property. Secondly, the property of United Enterprises does not compare to that of Buie nor Baldwin in terms of slope. City Engineer Garibay clarified that EastLake was required to dedicate right of way for Route 125, but stated there is merit in looking at the issue of including in the developmental impact fee update, the possibility of paying the difference between the six lane arterial and the right of way. Garry Butterfield, 926 Myra Avenue, Chula Vista, representing the Sweetwater Authority, referred to UNOCAL's 1,O00 acres of property that drains directly to the reservoir and the community's drinking water supply. The Sweetwater Authority supports staff's recommendation that the acreage remain open space. (Mr. Loftus replied to the comment there are engineering solutions to allow development around other reservoirs in this County, and would like the opportunity to explore this issue with the Sweetwater Authority. MOTION ~g~x c~%~lliss) to refer the letter from ~i Enter r' Patek, to prepare a response. out) MOTION MS (Cox/McCandliss) to accept staff recommendations for (1) the Open Space policies which is to bring this back after more input from the Planning Commission; (2) Fiscal Impact Report; (3) the preliminary Circulation Element; (4) High Rise criteria to give direction to staff to prepare a section of the General Plan text to include multi-story development consistent with proposed parameters; and (5) the mixed land use development criteria at the trolley stations - to include the conceptual diagram for trolley station land uses in the General Plan. MINUTES 19 - June 21, 1988 AMENDMENT TO THE MOTION MS F~o~r~/Cox) to eliminate (2) Fiscal Impact Report from the motion. Councilman Nader stated he is not convinced by the United Enterprises' presentation and suggested a further evaluation of the appropriate role of Orange Avenue in the Circulation Element {3) based on the comments made. Mayor Cox reminded that it would be routinely evaluated by staff before it is noticed for public hearing. Councilman Nader further suggested language concerning those portions of the Circulation Element, such as the 8-lane arterial related to United Enterprises development should include language which makes it clear it is the City's assumption that roads built to service that development is based on an assumption that the development is consistent with the General Plan. AMENDMENT TO THE MOTION MS (Nader/McCandliss) to direct staff that the language in the Circulation Element should require a relationship between those portions of the Circulation Element and the portion anticipated by United Enterprises development and be compatible to the ultimate the General Plan. Councilwoman McCandliss requested the amendment include the statement as a general policy rather than to make it special to United Enterprises; Director of Planning Krempl confirmed this language is already included. (Councilman Nader WITHDREW THE AMENDMENT to the motion) VOTE ON THE MOTION FOR {1), (3), (4), {5) and AMENDMENT M6ti6n pas~e~. (Councilman Malcolm out) MOTION MSC (Moore/McCandliss) to accept the report and to airect staff to come back with recommendations for No.2, in order to do or redo the Fiscal Impact to include 5 to lO year projections, and also direct staff to come back with a 10% to 15% "cushion." (Councilman Malcolm out) MOTION MS {Nader/McCandliss) to direct staff to come back on July 26 with recommendations for No. 6 that the three areas {as pointed out on the chart) be a 3 to 6 dwelling density units per acre with the understanding they can move up to the top of the density range with appropriate level of open space to constitute 1/3 of the eastern portion and, rather than 30/70 range of housing type, they would be allowed a total density transfer of as much as they need to accomplish multi-family dwelling development in a portion they feel is consistent with the established residential area. MINUTES 20 - June 21, 1988 Councilman Nader questioned and it was confirmed by Greg Smith of the Baldwin Company this suggestion would limit the number of units, that a lot more open space would result and the developer would have more of his product to sell. Councilmembers discussed the motion and concurred that solutions by staff should also be considered. SUBSTITUTE MOTION MSC (Nader/Co~} ~o refer No.6, to staff to come back on July 26th with evaluation on the comments made by Councilmembers Nader and McCandliss and with any other solutions by staff. (Councilman Malcolm out) Councilmembers discussed the UNOCAL proposal, the difficulty with development, preservation of Mother Miguel Mountain as well as the invitation by the developer for Councilmembers to tour the property. MOTION MSC (Cox/Moore) to continue any decision on UNOCAL until the meeting of July 26 and direct staff to work with the property owners to hold noticed tours of the property. (Councilman Malcolm out) MOTION MSC (McCandliss/Cox) to direct staff, at some appropriate time, to look at other trolley stations in the City for potential consideration of transit related development and whether any special process can be determined to consider them. {Councilman Malcolm out) MOTION MS {Nader/McCandliss) to refer to the Planning Commission for consideration along with other open space and density credit issues before it, the question of percentage in the change of housing types allowed with density transfers. Councilman Nader referred to staff's proposal that no more than 30% of a built area can change housing type as a result of density transfer. Input from staff and the Commission is desired on the bilit to allow up to 100% in return for worthwhile amenities. ~ounci~members discussed their concerns and Planning Director Krempl agreed with the position stated by Councilman Nader that 30% of developed area can involve a change in housing type as a result of transfers. Councilman Moore could support the motion with a letter coming back from the Planning Commission reiterating the pros and cons on the issue. VOTE ON THE MOTION Motion passed unanimously. Councilwoman McCandliss questioned the impact the growth initiative could have on the existing Bonita Meadows project, which depends on the language contained in the initiative regarding exemptions as explained by Planning Director Krempl. A referral was made by the MINUTES 21 - June 21, 1988 Councilwoman for staff to come back with a comparison of the impacts of the City's scenario versus the County scenario on the two potential developments. Additionally, Councilwoman McCandliss acknowledged the job done by staff on the General Plan's arduous process. 34. REPORT OF THE CITY MANAGER a. City Manager Goss commented on the ability to make the Plan fiscally able to provide a safe cushion, and suggested that larger regional parks could be developed in coordination with the County or the State to create a regional park system which might provide the mechanism and funding to maintain a park system and not require the use of local money. b. Scheduling Council meetings - next meeting will be on July 12. c. Report - Distribution of City Newsletter Deputy City Manager Thomson concludes that this is not in violation of Proposition 73 but future additions will follow recent guidelines given in the Proposition. d. Quality of Work Life process is beginning with a survey being completed by all employees. e. Charles Smith has submitted his resignation from the Charter Review Committee; the City Clerk has noticed the vacancy and applications must be submitted by July 1. 35. MAYOR'S REPORT a. At 6:45 p.m. Council met in Closed Session to discuss pending litigation, U.S. Fish & Wildlife vs. Chula Vista, pursuant to Government Code Section 54.956, Section A. Council has no report; the issue is pending. b. Minute Action of Closed Sessions - MOTION ~S (Cox/Nader) to request the City Attorney to evaluate a procedure whereby minute action of closed sessions would be maintained to include date, time and location of the meeting, duration of the meeting, the attendance of Councilmembers and staff at those sessions, as well as anyone else with a legitimate purpose for attending, a record be maintained of specific motions made and a record of the vote on those motions, and that the City Attorney is asked to come back with an evaluation of this - already a referral in relation to closed session, along with recommendations from the City Attorney that, under which circumstances, the minutes should be released or made available. Mayor Cox explained his motion that this should offer the limited ability of Councilmembers to review actions taken, but is not proposing that the minutes be released. The City Attorney should evaluate the rationale, at some point, of releasing them. MINUTES - 22 June 21, 1988 ADDITION TO THE MOTION MS (McC~ndi~ss/Cox) to include in the evaluation the possibility of a Statement of Issue to give the motion some context; for example, a summary or generalized statement of what was discussed. VOTE ON THE MOTION ~6tion passed S'('Councilman Malcolm out) c. Mayor Cox that City Engineer Tom Garibay is leaving the employ of the City after eighteen months and wished him luck in his future. 36. COUNCIL COMMENTS COUNCILMAN NADER: a. SB 2177 - Dismissal of Officer~ Councilman Nader questioned With the standards imposed. M (Nader) that Council take no position on SB 2177. (Motion died for lack of a second.) MOTION MSC (McCandliss/Cox) to approve the staff recommendation. (Councilman Nader voted no; Councilman Malcolm out) b. AB 2802 - Cable Television: Franchise Fees MOTION MSC (Nader/McCandliss) that Council oppose AB 2802. (Councilman Malcolm out) c. AB 1393 Local Agencies Annexation and Detachment (for information only) d. ~roposal to toughen drunk driving law~ Councilmembers Nader and Malcolm, acting as a subcommittee with instructions to examine proposals to stiffen the laws, recommend the following: 1. Make a charge of second degree murder for driving under the influence for those who have been previously convicted and cause the death of another person. 2. Make it a felony to drive using a license that has been suspended or revoked for alcohol or substance abuse for related reasons. 3. To permanently revoke the licenses of those convicted two or more times of driving under the influence, providing the Department of Motor Vehicles (DMV) would have discretion to reinstate a revoked license under those circumstances only on certification of completion of an accepted substance abuse recovery program. MINUTES 23 - June 21, 1988 4. To increase the fine for a drunk driving conviction to allow a maximum of 2% of gross annual income of the defendant or the current fine, whichever is greater in the individual's case. MOTION MS {~ader/Cox) to support the four proposals and to send a letter signed by each member of the Council to the representatives in Sacramento requesting that they introduce legislation embodying these proposals in the next session of the legislature. SUBSTITUTE MOTION MS (Cox/Moore) to refer this item to the City Attorney and the Director of Public Safety to review and comment, and to docket this for action on July 12. Councilman Moore specifically requested that the reasons for No. 3 be justified or removed. ADDITION TO THE MOTION MS (McCandliss/Cox) to clarify what a certified substance abuse recovery program would be. VOTE ON THE SUBSTITUTE MOTION AND THE ADDITION MO'tion passed. (Councilman Mal~oT~'6~ e. Report of a need for additional personnel in Police Services to keep up with growth in the City, and a request that staff invite the public safety officers be invited to participate in the Growth Management Oversight Committee discussions. City Manager Goss reported that any member of the public can attend and give input at any meeting but will notify those officers as requested. ADJOURNMENT AT 11:48 p.m., to the Regular Meeting of Tuesday, July 12, 1988 at 7:00 p.m. Jennie M. Fulasz, CMC CITY CLERK 1258C