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HomeMy WebLinkAboutcc min 1988/07/19 City Council met in Closed Session at 6:45 p.m. (immediately following the Redevelopmerit Agency Closed Session at 6:00 p.m.) to discuss Potential Litigation and Instructions to Negotiators pursuant to Government Code 54957.6. MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA Tuesday, July 19, 1988 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor pro Tempore Malcolm, Councilmembers Nader, Moore and McCandliss MEMBERS ABSENT: Mayor Cox STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, City Attorney Hatton PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES - None 2. SPECIAL ORDERS OF THE DAY a. City Manager Goss introduced Maria Guzman of Santiago, Chile, who has been a house guest with the Goss family for the month of July. Ms. Guzman has been in this country associated with the Council International Program (CIP), a private non-profit organization that promotes world wide educational, cultural and professional enrichment through international exchange, which program is sponsored by San Diego State University. b. Jim Johnson invited Councilmembers to attend the opening of 18 new units at the South Bay Pioneers at 270 "C" Street. The dedication will take place on July 31 at 2:00 p.m. and Mr. Johnson thanked Council and staff for their cooperation which allowed the units to be built. CONSENT CALENDAR (Items 3a - 26) Items Pulled: 4, 5, 6, 7, lO, ll, 19, 21, 23, 25, 26, and 26A. Council concurred that item 7 be continued to the meeting of July 26. Items 14, 19 and 24 require a 4/5 vote. BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the texts waived by unanimous consent, passed and approved. (Mayor pro Tempore Malcolm abstained on item 13 because he holds stock in Great American; and abstained on item 20 because he was absent at the First Reading.) MINUTES - 2 - July 19, 1988 3. WRITTEN COMMUNICATIONS a. REQUEST FOR MORATORIUM ON BOOTHS UNTIL ADDITION TO CHURCH IS BUILT Our Lady of Guadalupe Church, 345 Anita Street, Chula Vista 92011 (Continued from meeting of July 12, 1988) The church was cited by City personnel to remove the booths erected on its parking lots which is used for their carnival purposes. The church requested the booths remain until an addition to their church is built. Subsequent to the July 12 meeting, the Director of Building & Housing met with Monsignor Balderas and the church has been authorized to continue the use of the booths until the first of the year. Council directed the letter be received and filed. b. REQUEST FOR WAIVER OF COST FOR INSTALLATION OF STREET LIGHT Daniel Vaccaro, 32 Doran Court, Chula Vista, CA 92010 As a condition to construction additional units on his property, Mr. Vaccaro was required to install a street light. He requested a waiver of this requirement along with any associated fees. Council directed staff to review and to report back. 4. RESOLUTION ADOPTING POLICE DEPARTMENT VEHICLE PURSUIT POLICY (Director of Public Safety) (Continued from meeting of July 12, 1988) Pulled from the consent Agenda. 5. RESOLUTION SUPPORTING AB 2751 AND SB 2073 RELATING TO INCREASED PENALTIES FOR DRIVING UNDER THE INFLUENCE (Director of Public Safety) Pulled from the consent Agenda. 6a. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CENTRE CITY ASSOCIATES (CCAL-C) REGARDING POSSESSORY INTEREST AD VALORUM PROPERTY TAXES ON PARKING STRUCTURES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Community Development Director) b. RESOLUTION AMENDING THE RECIPROCAL GRANT OF EASEMENTS AND DECLARATION ESTABLISHING RESTRICTIONS AND COVENANTS FOR PARK PLAZA AT THE VILLAGE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Pulled from the consent Agenda. MINUTES 3 July 19, 1988 7. RESOLUTION APPROVING A POLICY ON MINUTES FOR CLOSED SESSIONS (City Attorney) (Continued from meeting of July 12, 1988) Council concurrea this item be continued to the meeting of July 26. 8. RESOLUTION 13665 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATIONS AT J STREET MARINA {Director of Parks & Recreation) This twelfth amendment to the Agreement provides for quarterly payment by the San Diego Unified Port District for all City maintenance expenses. 9. RESOLUTION 13666 EXTENDING CONTRACT FOR THE CITY'S ANNUAL REQUIREMENT OF LIBRARY BOOKS (Director of Finance) Resolution 13088 approved the cooperative bid with the City of San Diego for the City of Chula Vista's requirements for library books. It is estimated that $150,000 will be expended in FY 1988-89; funds have been budgeted in the Library Department. 10. RESOLUTION ENTERING INTO A GROUND LEASE WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE CHULA VISTA YOUTH CENTER SITE {Community Development Director) Pulled from the Consent Agenda. lla. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YMCA FAMILY STRESS CENTER AND AUTHORIZING THE MAYOR EXECUTE SAID AGREEMENT (Community Development Director) b. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY MEALS ON WHEELS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT c. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOBS FOR YOUTH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT d. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT MINUTES 4 - July 19, 1988 e. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH COUNTY COUNCIL ON AGING AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT f. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO RESIDENT RELATIONS FOUNDATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT g. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ADULT PROTECTIVE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT h. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WOODLAWN PARK COMMUNITY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Pulled from the Consent Agenda. 12. RESOLUTION 13667 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE UNITED STATES OF AMERICA (DEPARTMENT OF THE NAVY) FOR PROVIDING SEWERAGE SERVICE TO TELEGRAPH POINT NAVY FAMILY HOUSING COMPLEX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Director of Public Works) The subject agreement obligates the City to provide sewerage services to 200 family housing units in 53 separate buildings at the Navy Family Housing Complex, located at the northeast corner of Otay Lakes Road and Telegraph Canyon Road. 13. RESOLUTION 13668 AUTHORIZING RANCHO DEL SUR TO CONSTRUCT A PORTION OF TELEGRAPH CANYON ROAD AND CERTAIN IMPROVEMENTS FROM 1-805 TO PASEO LADERA AND RECEIVE CREDIT OR A CASH REIMBURSEMENT AS DETERMINED BY THE CITY AGAINST DEVELOPMENT IMPACT FEES REQUIRED BY ORDINANCE NO. 2251 AT THE TIME BUILDING PERMITS ARE ISSUED FOR THE DEVELOPER'S PROJECT (Director of Public Works) The Rancho Del Sur Partnership has requested authorization to construct a portion of Telegraph Canyon Road and receive a cash or credit reimbursement against Development Impact Fees pursuant to Ordinance No. 2251 adopted January 12, 1988. 14. RESOLUTION 13669 ACCEPTING BIDS AND AWARDING CONTRACT FOR AUTOMATED FUEL MANAGEMENT SYSTEM AND APPROPRIATING FUNDS THEREFOR (Director of Public Works/Director of Finance) MINUTES 5 - July 19, 1988 The Purchasing Agent received sealed bids for purchase of an automated fuel system for the City of Chula Vista. The work includes: the design including hardware and software requirements for a system to control and record fuel dispensing at two fueling locations; installation; testing; warranties; and training of City personnel. The estimated cost to complete this installation is $29,000. Since the funds which were originally included in the 87-88 Central Garage FunO were inaovertently not carried over, and Council directed that $9,000 be appropriated from Transit, $11,O00 from the Central Garage Fund and $9,000 from the unappropriated balance of the General Fund. Council further accepted the bids and awarded the contract to Trak Engineering, Inc. (low bidder) in the amount of $28,802.50. 15. RESOLUTION DELETED FROM AGENDA PRIOR TO MEETING 16. RESOLUTION 13670 ACCEPTING CONTRACT WORK FOR CONSTRUCTION OF WILLIAM AVENUE IMPROVEMENTS BETWEEN PALOMAR STREET AND ORANGE AVENUE IN THE CITY OF CHULA VISTA (Director of Public Works) A final inspection was made on July 6, 1988 and all work found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. 17. RESOLUTION 13671 ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 (Director of Public Works) The assessment per unit was increased because the development changed from a condominium development to a single family dwelling development. 18. RESOLUTION 13672 ACCEPTING INFORMAL BIDS AND AWARDING CONTRACT FOR PROVIDING STREET SWEEPING FOR THE CITY'S CHIP SEAL 1988-89 PROGRAM ON VARIOUS STREETS IN THE CITY OF CHULA VISTA (Director of Public Works) Informal bids were received for this program. Council awarded the contract to Kenny's Construction Sweepers (low bidder) in the amount of $24,000. 19. RESOLUTION DETERMINING AND DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT-OF-WAY FOR PUBLIC STREET, DRAINAGE, SEWER AND UTILITY PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY (City Attorney) Pulled from the Consent Agenda. MINUTES - 6 - July 19, 1988 20. ORDINANCE 2274 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT - SECOND READING & ADOPTION At the July 12, 1988 Joint Meeting of the Council ane Redevelopmerit Agency, the Ordinance approving the Redevelopmerit Plan Amendment for Town Centre I1 was placed on first reading. 21. REPORT BOARDS, COMMISSIONS, COMMITTEES (B/C/C) ATTENDANCE POLICY (City Clerk) (Continued from meeting of July 12, 1988) Pulled from the Consent Agenda. 22. REPORT ON REQUESTS FOR REAPPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES (City Clerk) (Continued from meeting of July 12, 1988) Council accepted the report and directed that staff set for consideration those requests for reappointments for the commissions at the time the Council meets to conduct interviews for the balance of the B/C/C vacancies. 23.REPORT DENSITY BONUS REQUEST FOR A PROPOSED SIXTY-UNIT APARTMENT COMPLEX AT 1053 BROADWAY (Community Development Director) RESOLUTION APPROVING A DENSITY BONUS OF EIGHT UNITS FOR A TOTAL OF SIXTY UNITS AT 1053 BROADWAY AND APPROVING A HOUSING COOPERATION AGREEMENT WITH MITRE BROADWAY PARTNERS, PROPERTY OWNERS Pulled from the Consent Agenda. 24. REPORT REQUEST FOR FUNDING TO CONDUCT A SUMMER SHAKESPEARE SERIES (Director of Parks & Recreation) RESOLUTION APPROPRIATING FUNDS FOR A SUMMER SHAKESPEARE SERIES The Parks and Recreation Department proposes to offer a Summer Shakespeare Series featuring the play Hamlet at Memorial Bowl. The series will run from August 27 through October 1. Council directed staff to appropriate $1,620 from the unappropriated reserves of the General Fund to fund this program. 25. REPORT REVIEW OF ZONING REGULATIONS FOR CHURCHES (Planning Director) Pulled from the Consent Agenda. MINUTES - 7 - July 19, 1988 26. REPORT REGARDING A WRITTEN PETITION SUBMITTED BY RESIDENTS NEAR THE INTERSECTION OF MELROSE AVENUE AND EAST PROSPECT COURT REQUESTING ALL-WAY STOP CONTROL AND A MARKED CROSSWALK ACROSS MELROSE AVENUE (Director of Public Works) Pulled from the Consent Agenda. 26A. REPORT MELLO-ROOS/1911 ACT/1915 ACT ASSESSMENT DISTRICTS (Director of Public Works/City Attorney) ORDINANCE AMENDING CHAPTER 5.46 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING NEW SECTION 5.46.020 RELATING TO DISCLOSURE OF MELLO-ROOS DISTRICT, ASSESSMENT DISTRICTS AND OPEN SPACE DISTRICTS - FIRST READING Pulled from the Consent Agenda. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 27. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR DEMOLITION AND REMOVAL OF GREENHOUSES, PACKING SHED, ASSESSORY STRUCTURES, AND RESIDUAL DEBRIS FROM THE CENTRAL AREA OF THE MIDDAYFRONT (Community Development Director) RESOLUTION 13674 ADOPTING NEGATIVE DECLARATION IS-89-3 AND AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT NO. 033 TO SANTA FE LAND IMPROVEMENT COMPANY FOR DEMOLITION AND REMOVAL OF GREENHOUSES, PACKING SHED, ASSESSORY STRUCTURES AND RESIDUAL DEBRIS FORM THE CENTRAL PORTION OF THE MIDDAYFRONT SUBJECT TO THE REQUIREMENTS IN FINDING NO. 1 This being the time and place as advertised the public nearing was declared open. Community Development Director Desrochers reported Santa Fe Land Improvement Company, owner of the undeveloped property referred to as the Midbayfront, would like to demolish existing greenhouses, packing shed, assessDry structures, and residual debris. Environmental review has been completed and Negative Declaration IS-89-3 has been issued. There being no one to speak for or against this item, the public hearing was closed. MINUTES 8 July 19, 1988 RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 28. PUBLIC HEARING GPA 88-1: CONSIDERATION OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE CHULA VISTA GENERAL PLAN BY THE REDESIGNATION OF 2.09 ACRES LOCATED ON THE WESTERLY SIDE OF OTAY LAKES ROAD BETWEEN BONITA ROAD AND ALLEN SCHOOL LANE AT 3956 OTAY LAKES ROAD FROM "MEDIUM DENSITY RESIDENTIAL" (4-12 DU'S PER ACRE) TO "PROFESSIONAL AND ADMINISTRATIVE COMMERCIAL" RESOLUTION 13674 APPROVING GPA-88-1 FOR THE DESIGNATION OF APPROXIMATELY 2.09 ACRES "PROFESSIONAL AND ADMINISTRATIVE COMMERCIAL" This being the time and place as advertised the public hearing was declared open. Director of Planning Krempl reported the applicants, Robert E. Crane and John E. Dauz, propose to acquire and develop a 2.09 acre site on the westerly side of Otay Lakes Road between Bonita Road and Allen School Lane with an office building. The proposed General Plan amendment is prerequisite to the zoning of the site to a zoning classification which would permit the proposed office commercial use. Director Krempl pointed out the features of the project to Councilmembers and stated that staff is supportive of the request as it meets the tight market situation for offices, and the topography separates it from adjoining land uses. Robert E. Crane, 5953 Steeple Chase Road, Bonita 92002, who spoke for six others who stood to be recognized, reported he is a co-applicant of the project and pointed out a minor discrepancy in the report. The Negative Declaration, item B - 2rid paragraph, refers to the construction of three structures but, after review of the site, a plan will soon be submitted for one building instead. Mr. Crane concurs with the conclusion of staff that the proposed amendment would meet Chula Vista's need for additional office space. There being no others to speak for or against the item, the public hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 29. PUBLIC MEETING ON PROPOSAL INCREASING THE SEWER SERVICE CHARGE FOR ALL MONTGOMERY RESIDENTS (Director of Public Works) REPORT CONCERNING INCREASING THE SEWER SERVICE CHARGE FOR ALL MONTGOMERY RESIDENTS RESOLUTION MODIFYING MASTER FEE SCHEDULE RELATIVE TO INCREASING THE MONTGOMERY SEWER SERVICE CHARGES MINUTES 9 July 19, 1988 This being the time and place as advertised the public hearing was declared open. Mayor pro Tempore Malcolm questioned whether the item should be continued for one week awaiting a recommendation from the Montgomery Planning Group. Director of Public Works Lippitt reported all information must be in the hands of the County by August lOth which would allow one more week. Mayor pro Tempore Malcolm asked staff to distribute the packet tomorrow to the members of the Montgomery Planning Group so they would have the opportunity to take action, although this is not a land use decision, but one that justifies their input. MOTION ~Nader/Malcolm) to postpone the public hearing for one week and that on July 20 the Montgomery Planning Group be advised and be invited to hold a special meeting within that time and make a recommendation within that time if they so desire. 30. ORAL COMMUNICATIONS a. Harry Snyder, 4088 Delta Street, 92113, Minister of the Church of God in Christ, reported the problem encountered by the horses in that area with odor and manure throughout the property and the neighborhood. Mayor pro Tempore Malcolm noted this has been an ongoing problem and referred the problem back to staff for a report to be furnished to Mr. Snyder and Reverend Clewis by next week. b. Lucille T. Pease, Congregational Tower, 288 "F" Street, Apt. 910, 92010, reported the problems of loud music and celebrations by the "loud and ugly beer drinkers" attending the "Country Fair" along Third Avenue last weekend. Councilman Moore reported the Downtown Committee is aware of the pros and cons of the event and suggested the City Manager refer this letter to the Chairman of that Committee. Councilwoman McCandliss suggested the Bayfront area as the site of a future Country Festival. c. Cliff Roland, llO0 Industrial Boulevard, questioned the Montgomery Sewer Fee increase item in lieu of a surplus in the reserve. Mayor pro Tempore Malcolm reported that this issue is now set for a public hearing on July 26th and any discussion at this time might prejudice that discussion. Mr. Roland was presented with the staff reports for his information. MINUTES - lO - July 19, 198B PULLED ITEMS 4. RESOLUTION 13676 ADOPTING POLICE DEPARTMENT VEHICLE PURSUIT POLICY (Director of Public Safety) (Continued from meeting of July 12, 1988) January l, 1988, Vehicle Code Section 17004.7 was amended to provide immunity from liability for civil damages for personal injury, death or property damage caused by a vehicle which is being pursued by a peace officer. Councilman Nader requested clarification for the purpose of the policy; Director of Public Safety Winters explained the policy has been in existence for over lO years and is Deing brought to Council to comply with the law. MOTION RESOLUTION OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. At 7:44 p.m., Mayor Pro Tempore Malcolm referred to action taken at the meeting of July 12th and the resultant letter of July 14th to Captain Will Rogers III, of the U.S.S. VINCENNES. The letter was read in its entirety and signed by all members of the City Council and expressed concern and sympathy, recognizing his experience to be an extremely complex and uncertain situation, and gave a salute to his integrity and strength. 5. RESOLUTION 13677 SUPPORTING AB 2751 AND SB 2073 RELATING TO INCREASED PENALTIES FOR DRIVING UNDER THE INFLUENCE (Director of Public Safety) Director of Public Safety explained support for the subject bills is the result of a referral to staff. The Council Subcommittee referral was examined by the Police Department which found the recommendations to be already provided for in the Vehicle Code. RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved unanimously. Copies of the resolution will be forwarded to local legislators and the California League of Cities. MOTION MSUC (Nader/Malcolm) that the Council Subcommittee report be referred to staff to schedule for the agenda for August 2 and that staff confer with the Subcommittee within that time. 6. Mayor pro Tempore Malcolm used the prerogative of the Chair to trail this item because it involves several hundred thousand dollars of the City's money and much negotiation, and the item was heard at 9:45 p,m. MINUTES ll July 19, 1988 a. RESOLUTION 13689 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CENTRE CITY ASSOCIATES (CCAL-C) REGARDING POSSESSORY INTEREST AD VALORUM PROPERTY TAXES ON PARKING STRUCTURES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Community Development Director) b. RESOLUTION 13690 AMENDING THE RECIPROCAL GRANT OF EASEMENTS AND DECLARATION ESTABLISHING RESTRICTIONS AND COVENANTS FOR PARK PLAZA AT THE VILLAGE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Director of Community Development Desrochers reported that Resolution (a) concerns the parcels owned by Centre City Associated Limited-Commercial (CCASL-C) and Resolution (b) is a clarification of the amendment approved by Council and Redevelopment Agency on May 18, 1988. The property is now being sold and the issues need to be resolved at this time. It was recently learned that the County Assessor's office has determined that possessory interest taxes are due from the owners of property in Park Plaza for use of the parking structure and the County has proceeded to bill CCAL-C for possessory interest taxes since 1984. CCAL-C has requested that the Agency agree to rebate any possessory interest taxes which they or their successors may be required to pay to the County. The Council and Agency are also requested to approve an amendment to the CC&Rs for Park Plaza which clarifies the amendment approved by the Council and Agency on May 18, 1988. This amendment allows CCAL-C or their successors to pay the City $150,000 in lieu of any further rental payments for Parcel #4 for use of the parking structure. Total parking fee payments from Park Plaza are $97,197. CCAL-C are requesting relief from payments for Parcel #4 which total $21,560 per year. In return, the City will receive a lump sum payment of $150,000. J. Michael Cowerr, Jennings, Engstrand & Henrikson, 2255 Camino del Rio South , San Diego, 92108, Attorney for CCAL-C, reported the sale is close and the bankruptcy court is acting quickly and reported the history of discussions with City staff and the Tax Assessor's office. When the Agreement was written it provided that CCAL-C would maintain and operate the parking structure; in the provision of the Agreement, it specifically excluded operation maintenance expenses to be paid by CCAL-C. Mayor pro Tempore Malcolm reported his opinion that, because of the wording in the Agreement, CCAL-C had an obligation to pay the taxes but, as agreed to by City Attorney Harron, litigation of the item would be taken under great risk. MINUTES - 12 July 19, 1988 MOTION ~Malcolm/Nader) to amend the staff recommendation to state, "approval subject to only those parcels held by CCAL-C and only upon the transfer of the property to someone else, does this agreement become effective." To answer Councilwoman McCandliss' question, Director Desrockers reported the encroachment by Seafood Broiler into the City easement by 6" is a minor issue that will come back to Council. RESOLUTION (a) AS AMENDED AND RESOLUTION {b) OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the texts waived by unanimous consent, passed and approved unanimously. lO. RESOLUTION 13678 ENTERING INTO A GROUND LEASE WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE CHULA VISTA YOUTH CENTER SITE (Community Development Director) Negotiations have been completed for approximately 26,000 sq. ft. of property located at the northeast corner of L Street and Fifth Avenue on the Chula Vista High School campus. Tile ground-lease will cost the City only One Dollar per year in funding. The construction of the Center, through the Agency, will be approximately $1,000,000 which has been set aside in a CIP account. Budgeting for the maintenance and operations of the Center will be prepared following design and determination of the City's user. Councilwoman McCandliss questioned some definition to be stated in the lease regarding use of the building by the School District. Assistant Director of Community Development Gustafson read the proposed language for the letter of intent, which has been approved by the School District staff by telephone, as follows: "School hours shall be defined as constituting from the opening to the closing of the regular session school day at Chula Vista High School from 7:30 am to 2:25 p.m. Monday through Friday from September 12 to June 22nd. If those hours are amended in the future, any alteration of the hours or dates for full use of the facility by the District to correspond to those altered school hours shall be subject to full mutual agreement by the City and by the District." City Attorney explained that the letter of agreement interpreting the above will be sufficient; it is not necessary to amend the lease. MOTION ~Malcolm/McCandliss) to approve the ground lease subject to the amendment as pointed out to staff being ratified by the Board of the Sweetwater High School District. MINUTES 13 - July 19, 1988 RESOLUTION AS AMENDED OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. lla. RESOLUTION 13681 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YMCA FAMILY STRESS CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Community Development Director) b. RESOLUTION 13682 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY MEALS ON WHEELS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT c. RESOLUTION 13683 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOBS FOR YOUTH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT d. RESOLUTION 13684 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT e. RESOLUTION 13685 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH COUNTY COUNCIL ON AGING AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT f. RESOLUTION 13686 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO RESIDENT RELATIONS FOUNDATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT g. RESOLUTION 13687 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ADULT PROTECTIVE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT h. RESOLUTION 13688 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WOODLAWN PARK COMMUNITY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 24, 1988, the City Council approved the Community Development Block Grant (CDBG) budget for fiscal year 1988-89. Included in that approved budget were funos for the organizations listed above. RESOLUTIONS a. through h. OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the texts waived by unanimous consent, passed and approved unanimously. MINUTES 14 July 19, 1988 19. RESOLUTION DETERMINING AND DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT-OF-WAY FOR PUBLIC STREET, DRAINAGE, SEWER AND UTILITY PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY (City Attorney) In his report to Council, City Attorney Harron stated that the proposed taking constitutes 29.79 acres out of an approximate total acreage of 23,500 acres owned by United Enterprises. Balancing the need for the improvements for health and safety purposes versus the effect on United Enterprises, it is reasonable to approve the eminent domain action. John Knox, 1067 Fifth Avenue, 92101, General Partner of United Enterprises Ltd. owner of the property, reported on discussions held with EastLake representatives and requested Council continue the item for two weeks to examine a proposed change of the general character of the drainage easement. Gary Cashing, Vice President of Operations at EastLake, protested the request for continuance stating this is the first time they have been able to address the project. Since May 1985 EastLake has had two agreements with Unitea Enterprises and has been working on the design to United Enterprises' specifications; the Department of Fish and Game had to give permission for this naturalized channel and extensive negotiations have caused a look at more land to make the slopes more shallow. Mr. Cashing reported that, at the last minute, Buie Corporation decided not to agree, EastLake's offer to purchase the property was declined and, pursuant to that, EastLake decided to proceed with condemnation proceedings. The Public Facilities Financing Plan requires that the improvements be completed and this issue is holding up construction of three builders and requested this not be continued. MOTION MSUC (McCandliss/Malcolm) to continue the item for two weeks. 21. REPORT BOARDS, COMMISSIONS, COMMITTEES (B/C/C) ATTENDANCE POLICY (City Clerk) (Continued from meeting of July 12, 1~88) On December 8, 1987, a memo was sent to all 8oards, Commissions, and Committees explaining the Council's proposed policy of having attendance by their members for 75% of the time without any valid or excused absences. It is recommended that Council direct staff to bring back a resolution establishing a B/C/C policy on attendance at meetings. MOTION MSU"~'~'{McCandliss/Moore) to incorporate an amendment to the policy that those absentee members approaching 25% be advised and allowed a period to respond. MINUTES - 15 July 19, 1988 23.REPORT DENSITY BONUS REQUEST FOR A PROPOSED SIXTY-UNIT APARTMENT COMPLEX AT 1053 BROADWAY (Community Development Director) RESOLUTION 13679 APPROVING A DENSITY BONUS OF EIGHT UNITS FOR A TOTAL OF SIXTY UNITS AT 1053 BROADWAY AND APPROVING A HOUSING COOPERATION AGREEMENT WITH MITRE BROADWAY PARTNERS, PROPERTY OWNERS Mitre Broadway Partners, developers of a proposed apartment project at 1053 Broadway, has requested a density bonus of eight units under State Government Code Section 65915. Under this law, a local entity is required to either approve a density bonus or grant the developers other incentives of equivalent economic value. If the Council votes to offer equivalent financial incentives, General Fund or Redevelopmerit Agency Low and Moderate Income Housing Funds would be utilized, depending upon the subsidy proposed. It is recommended that Council find that the project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-88-31M; and approve a density bonus of eight units for the proposed apartment project at 1053 Broadway, and approve the Housing Cooperation Agreement with the developers outlining the terms and conditions of the density bonus. In answer to Councilwoman McCandliss' question, Assistant Director of Community Development Gustafson replied that the formula that grants density bonus ability is controlled by State law. Councilman Nader stated his hesitancy to go against the recommendation of the Montgomery Planning Group, that he would like to first see staff's presentation of financial alternatives, and the possibility of establishing a given zone a target density. Craig K. Beam, llO West "A", 92101, Mitre Broadway Partners, commented that the Design Review Committee has voted in favor of the project and the land use decisions have already been made. RESOLUTION OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the text was waived by unanimous consent, passed and approved. (Councilman Nader voted no.) MOTION MSUC (Nader/McCandliss) to provide Council with a report to indicate the types of numbers Council would be dealing with in future density bonus situations and might indicate any options Council might have to refine the Zoning Ordinance to set targets densities that might result in target density bonuses that would include cost, and whether low income housing funds could be used. MINUTES 16 - July 19, 1988 25. REPORT REVIEW OF ZONING REGULATIONS FOR CHURCHES (Planning Director) On October 13, 1987, the Council approved a waiver of fees for Calvary Chapel to process a conditional use permit and variance to establish church offices, counseling and fellowship meetings in a single family dwelling at llO Third Avenue in the R-I zone. Council further directed staff to return with a report on zoning regulations for churches as to when and under what circumstances they might be permitted as a matter of right and/or appropriate revisions to existing standards. It was recommended that Council refer the matter to the Planning Commission to set a public hearing for the consideration of the amendments to the Municipal Code. Dennis Breedlove, 4091 Chanute, 92154, Assistant Pastor for Calvary Chapel who represented Pastor Schock who could not attend, stated the concern of the uses in an R-1 zone. Paster Breedlove stated that the property has since been sold and Paster Schock has been looking in the R-3 zone and commercial, as suggested by staff, even though it has been made clear several times the church was not to be used for "fellowship meetings". Mayor pro Tempore Malcolm clarified that Council is actually not taking action but merely referring the issue to the Planning Commission for a public hearing, at which time Pastor Breedlove will be notified and have the ability to be heard. MOTION MSUC ~Malcolm/Moore) to accept the recommendation and to direct staff to set up at least one workshop session with the churches of Chula Vista prior to the Planning Commission public hearing. In answer to Pastor Breedlove's comments regarding the inclusion of churches within proposed development, Councilman Nader explained that both staff and Council in Chula Vista are diligent to set aside areas of land for church uses and other community uses and continue to expand upon this issue. 26. REPORT REGARDING A WRITTEN PETITION SUBMITTED BY RESIDENTS NEAR THE INTERSECTION OF MELROSE AVENUE AND EAST PROSPECT COURT REQUESTING ALL-WAY STOP CONTROL AND A MARKED CROSSWALK ACROSS MELROSE AVENUE (Director of Public Works) On July 27, 1987, a written communication was received from Diana L. Anderson of 1357 Melrose Avenue in Chula Vista with llO attached signatures requesting all-way stop control and a marked crosswalk across Melrose Avenue at E. Prospect Court. A warrant study was done for all-way stops at the intersection of Nelrose Avenue and E. Prospect Court. This intersection received 5 points out of a possible 50 points with 30 points being required to meet warrants. Staff's recommendation is not to install stop signs for Melrose Avenue at E. Prospect Court and not to install a marked crosswalk at E. Prospect Court across Melrose Avenue. MINUTES 17 - July 19, 1988 Diana L. Anderson, 1357 Melrose Avenue, 92001, explained the problems in the area as viewed to be dangerous by the residents over the last twenty years. Traffic Engineer Rosenberg stated the all way stop request does not have any justification at this location, that adequate visibility and little traffic is present. Mayor pro Tempore Malcolm noted that the Safety Commission voted to install the all way stop, and Director of Public Works Lippitt commented no explanation was given. Councilman Moore agreed that the neighborhood is no more dangerous than many other areas of the City. Councilwoman McCandliss, because the Safety Commission in the past has seldom been in support of stop signs, she will support their recommendation. MOTION MS '('~Candliss/Nader) to support the recommendation of the Safety Commission. SUBSTITUTE MOTION MSUC (Moore/Malcolm) for installation of the stop signs for a six months evaluation. 26A. REPORT MELLO-ROOS/1911 ACT/1915 ACT ASSESSMENT DISTRICTS (Director of Public Works/City Attorney) ORDINANCE 2275 AMENDING CHAPTER 5.46 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING NEW SECTION 5.46.020 RELATING TO DISCLOSURE OF MELLO-ROOS DISTRICT, ASSESSMENT DISTRICTS AND OPEN SPACE DISTRICTS - FIRST READING The City of Chula Vista and the two school districts serving Chula Vista have used public financing mechanisms (Mello-Roos tax districts and 1913/1915 Assessment Districts) to provide public facilities such as schools, major streets, sewers and water. The report is a result of a public hearing on May 3, 1988, at which several questions and assignments resulted. It was recommended that Council accept the report and direct staff to l) consider the use of assessment districts for providing certain public facilities when appropriate; 2) not provide any City funding to pay off assessments in the EastLake area; 3) direct staff to prepare the necessary ordinances and forms to require that new home buyers have the choice of paying the assessments off at the time they purchase their house; and place the ordinance on first reading. Ray Raphael, 1934 Rue Chateau, 92013, thanked Council for the complete report but complained about some of the statements contained in it to be addressed by the next speaker. MINUTES - 18 - July 19, 1988 Robert J. DeNunzio, 1930 Rue Chateau, 92013, directed Council's attention to the language in several parts of the report and questioned the meaning, such as, when it might be "appropriate" to use the Mello-Roos, where the funds came from for the elementary school now being built in San Ysidro, the statement that "the price of that house is being reduced" which contradicts another statement, "since staff believes that City's assessments districts are merely a method to reduce the amount of the mortage". A question was asked if assessment districts "help to benefit the timing of needed facilities for the entire City" then why is the entire City not being asked to pay, and stated that the "extensive amenities" provided were decided by the developer. George L. Hauk, 2001 Port Cardiff, 92013, complained that EastLake residents are paying 70% more taxes than others in the City, the School District will be gathering $125 million over a 25 year period to fund a $31 million school, and stated the residents need to have more information. Councilwoman McCandliss reminded of the innovation of this first project which had prestige and amenities for a beautiful project and one where the developer asked Council for input. The project itself was presented as a package through a Facilities Financing Plan as the 1 fund it. Now the questions surface are on y way to - the homes really less, who pays for infrastructure, is this a good pattern for the future, did the homeowners know they were buying into an assessment district. Mayor pro Tempore Malcolm agreed with the speakers, stating he never did support the Mello-Roos and claimed this is a "gimmick" for the school district. This is the only City doing Mello-Roos districts and he stated it is not fair treatment; the whole community benefits from education and it is a community responsibility to provide. Councilman Moore again offered his belief in the "three leggeo stool" partly funded by the developer or homeowner, partly by regional or district bonds and partly by state-wide bonds. Councilman Nader addressed the proposed ordinance as prevention of this action in the future and that it presents several options. ORDINANCE AS AMENDED TO REFLECT "EXHIBIT l" IN PLACE OF "EXHIBIT A" OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved. (Mayor pro Tempore Malcolm voted no.) NOTION MSUC (McCandliss/Malcolm) that Council and staff open up discussions with the school district on placing a new ballot issue for school bonding to be presented to the community. At 9:30 p.m., Council recessed and reconvened at 9:42 p.m. MINUTES - 19 July 19, 1988 31. REPORT OF THE CITY MANAGER a. Scheduling Council meetings - Both Mayor Cox and Councilman Moore will not be present at the Regular Meeting of the Redevelopment Agency and the meeting will be rescheduled. b. Waste Collection Household Days on August 6th will be conducted by the Environmental Health Coalition, and the City is asked to cooperate by publicizing the collection. 32. MAYOR'S REPORT a. Letter was received from Mr. Lowell Blankfort regarding noise at the Bonita Store Restaurant on weekends. MOTION MSUC (Malcolm/McCandliss) to direct staff to contact the owners of the Bonita Store Restaurant and Mr. Blankfort to set up a meeting to discuss how the Bonita Store can be brought into conformance with City Code regarding noise. City Manager Goss reported the Building and Housing Department will conduct a noise continuation test this weekend using our noise equipment monitors and the City will then have a better idea of the problem. 33. COUNCIL COMMENTS COUNCILMAN MOORE: a. Suggestion of a Staff report regarding pros/cons of daycare entities in commercial sites in original development, such as EastLake, etc. b. Staff report regarding advertising on City buses inside/outside potential policy restricted use of income, City promotion with funding entity logo etc. and the possibility of having the ability to inform citizens of events in the City. MOTION MSUC ~Moore/Malcolm) to direct City staff to review advertising about the City that would be controlled by the City and maybe allow private enterprise to put logos on as the way to pay it. c. Council's Subcommittee authorized to investigate an automobile sales park within the City as a method of increasing the tax base has narrowed down the consideration to three or four sites, and it is requested, at the end of this meeting, to discuss in closed session potential acquisition of property by the Redevelopment Agency as noticed. MINUTES 20 - July 19, 1988 COUNCILMAN NADER: d. Next month Commissioner Kelly Brennan of the International Friendship Commission will be visiting Chula Vista's Sister City in Japan. Miss Brennan is in need of funds and those who wish to assist can forward checks to the International Friendship Commission at City ~all for ~liss Brennan. c. Application and letter to the editor re a video arcade in the Chula Vista Center was noticed, and a suggestion was made that staff work with Homart to place the arcade in the center of the mall rather than near the residential area. d. Proposal for City offices recycling program icontinue~ for two weeks) e. URGENCY ORD"'~i'~'X~CE AMENDING SECTIONS 17.24.050j AND 19.68.030 TABLE III OF THE CHULA VISTA MUNICIPAL CODE REGARDING NOISE LIMITATIONS - FIRST READING AND ADOPTION A telephone call was received by the Councilman from a citizen regarding heavy equipment construction noise outside her bedroom window near the Telegraph Canyon Flood Control Project. The contract for the project provided noise would be accordance with City law, or 7:30 a.m. any ~ay of the week. MOTION ~der) that the Urgency Ordinance be adopted on its First Reading. Councilman Moore stated no support of the urgency ordinance and, since adoption necessitates all four votes, Councilman Nader offered a substitute motion. ORDINANCE 2276 AS AMENDED TO REMOVE THE URGENCY OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved and placed on First Reading. (Councilman Moore voted no.) f. RESOLUTION SUPPORTING THE IMPOSITION OF THE PENALTY OF LIFE IMPRISONMENT FOR THOSE CONVICTED OF /~/ SELLING DEADLY DRUGS FOR PROFIT RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved unanimously. The Resolution will be submitted to the League of California Cities. MINUTES - 21 July 19, 1988 COUNCILWOMAN McCANDLISS: g. Before Staff considers the Growth Management Element of the General Plan, it would be appropriate to schedule a Council Workshop or Conference to talk of different acceptable techniques. ADJOURNMENT AT 10:20 p.m, to the regular meeting of July 26, 1988 at 7:00 p.m. Jennie 1M. Fulasz, CMC CITY CLERK J~a~ brtune, CM F C DEPUTY CITY CLERK 1281C