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HomeMy WebLinkAboutcc min 1988/08/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 23, 1988 Council Chamber 7:16 p.m. Public Services Building lOLL CALL ~E~BERS PRESENT: Mayor Cox, Councilmembers Nader, Moore McCandliss 4EMBERS ABSENT: Councilmember Malcolm STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, Assistant City Attorney Rudolf PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES for the meetings of August 8, 9 (revised), 10, and 16, 1988. ~SCU (McCandliss/Moore) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. The City Clerk administered the Oath of Office to the following newly-appointed commissioners: Robert B. Romero, Library Board of Trustees Russell C. Hall, Parks & Recreation Commission James Stevens, Resource Conservation Commission Jose Alberdi, Adrienne Landers, Design Review Committee Mayor Cox announced that Miss Carmen Fernandez appointed to the Parks & Recreation Commission had taken her Oath of Office this morning at the City Clerk's office. Mayor Cox apologized for starting the meeting late explaining they were in a Redevelopment Agency meeting at which they took action approving and authorizing the execution of the exclusive negotiation agreement between the Redevelopment Agency and Chula Vista Investments and approved and authorized the execution of the loan and option agreement between the Redevelopmerit Agency and the Chula Vista Investments with the approval of the form of promissory notes and deeds of trust. b. Mrs. Doris Cox, member of the Lions Club introduced the foreign students visiting from Japan. Mayor Cox presented them with a certificate of acknowledgement and welcomed them to the City. c. PRESENTATION OF FLAG FROM BODO, NORWAY Mrs. Midge Cowherd presented the Mayor with a flag from Mayor Per Petterson of Bodo, Norway. She stated she and her husband, Mel Cowherd presented the Chula Vista historical books to the various cities they visited to be placed in their libraries. Hnutes - 2 August 23, 1988 iONSENT CALENDAR (Items 3a 14} Ztems pulled: 3a, 3b, 3h, 3i, 3j, llb, llc, 13 and 14. tSUC (Nader/Moore) to approve the balance of the consent calendar. 3. WRITTEN COMMUNICATIONS ~. REQUEST THAT CITY ATTORNEY PROVIDE MOBILEHOME OWNERS POLITICAL ACTION COMMITTEE WITH A DEFINITION OF DIFFERENCES CITED FOR FUNDING DENIAL - R. C. Flaugher, 1100 Industrial Blvd, Chula Vista 92011 ~ulled from Consent Calendar. REQUEST TO RENAME OTAY LAKES ROAD TO COLLEGE ROAD Joe Conte, Superintendent/President, Southwestern College, 900 Otay Lakes Road, Chula Vista 92010 Pulled from Consent Calendar. c. REQUEST TO INCLUDE CHURCHES IN FUTURE DEVELOPMENTS IN CHULA VISTA - Rick Johnson, 391 Bay Leaf Drive, Chula Vista 92010 It was recommended that Pastor Johnson's letter be referred to staff and staff be directed to actively pursue making sites available in all new planned community developments. d. RESIGNATION FROM RESOURCE CONSERVATION COMMISSION - Charles H. Wendorf, 299 F Street, Suite G, Chula Vista 92010 It was recommended that Mr. Wendorf's resignation be accepted with regret and a letter of appreciation be sent to him. e. REQUEST TO UPDATE SMOKING ORDINANCE TO BE CONSISTENT WITH LATEST COUNTY AMENDMENT Howard Mitchell, American for Nonsmokers' Rights - 714 Bonair Way, La Jolla 92037 It was recommended that the recently adopted County Code amendments be referred to staff and the Chamber of Commerce for study and subsequent recommendation to the City Council. f. REQUEST FOR NOISE ABATEMENT AT LAUDERBACH CENTER Jack Kuta, 272 Church Avenue, Suite 4, Chula Vista 92010 A similar complaint received by Council on March 24, 1988 was referred to staff for report. Staff reported they are prepared to recommend changes in the Center's operating hours, a reduction of amplified noises and a requirement of greater security efforts for all groups particularly those serving alcoholic beverages. In view of this recent complaint, staff will be directed to meet with the concerned parties and present a report to Council at the September 6, 1988 meeting. !inutes 5 August 23, 1988 ~ project to perform a metes and bounds survey of the Woodlawn ~ark subdivision was approved by Council in the FY 87-88 budget. The maps of the area received from the County subsequent to its ~nnexation by the City appear to indicate possible encroachment by ~rivate construction into the street right-of-way and encroachment }y the street pavement into private property. The survey will fix ~he location and map and monument the street rights-of-way and letermine the extent of encroachments. The survey information ~ill be useful in determining future location of street improvements and dedications to be required as conditions of development in the area. Funds required to perform this work were appropriated through the FY 1987-88 CIP budget and are available in the amount of $65,580. It was recommended that Council approve the agreement with Rick ~ngineering Company. 7. RESOLUTION 13752 ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM WOOD BOW ASSOCIATES FOR A PORTION OF LOT 30 OF MAP 12063 (RANCHO DEL SUR UNIT 4) Lot 30 of Chula Vista Tract 87-8, Rancho del Sur Phase 1 Unit 4 is located adjacent to Lot "J", an open space lot to be maintained by the proposed Open Space District No. 18. The developer has submitted a proposal to raise the pad elevation of Lot 30. By doing so, additional slope will be created within Lot 30 contiguous to the slope to be maintained by the open space district. The slope within Lot 30 would appear to be within the open space. To avoid problems regarding the maintenance of this slope, the developer has been required to deed this portion of Lot 30 to the City. By doing this, the entire slope would be maintained by the Open Space District. The document granting this property to the City has been executed by the developer and submitted to the Engineering Department. It was recommended Council adopt the resolution. 8a. RESOLUTION 13753 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ON OTAY LAKES ROAD (Director of Public Works) b. RESOLUTION 13754 ACCEPTING GRANT OF EASEMENT FROM NORTH ISLAND FEDERAL CREDIT UNION FOR EQUESTRIAN TRAIL PURPOSES Otay Lakes Road between Camino del Cerro Grande and Ridgeback Road is being widened to provide four traffic lanes in conjunction with the Rancho del Rey Subdivision. A condition of approval of the Tentative Map for Rancho del Rey Subdivision requires the developer to widen Otay Lakes Road to four lanes from Ridgeback Road to Camino del Cerro Grande. The documents granting the street and equestrian trail easements have been executed by the North Island Federal Credit Union and are ready for acceptance by Council. linutes ~ 6 - August 23, 1988 S. RESOLUTION 13755 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ON TELEGRAPH CANYON ROAD {Director of Public Works) The EastLake Development Company is currently proposing to reconstruct and widen Otay Lakes Road and Telegraph Canyon Road from the end of the existing four lane roadway (east of Paseo Ladera) to the EastLake boundary. The subject right-of-way is a small portion of the additional right-of-way required for the project. The property owner, Mary Centrullo, proposes to divide her property into two parcels, one approximately 19.2 acres and the other approximately 6.6 acres. The 19.2 acre parcel is then proposed to be developed into a 94-unit condominium. The development will contribute to the actual construction of Telegraph Canyon Road through Development Impact Fees in conjunction with development of the land. The grant deed for the subject right-of-way has been executed by the owner and is now ready for Council acceptance, 10. RESOLUTION 13756 APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1988-89 (Assistant City Manager) The City's negotiating team has concluded a Memorandum of Understanding with the Western Council of Engineers (WCE) which has been ratified by the membership. The approximate cost of the salary and fringe benefit package is $58,600, which falls into the guidelines authorized by Council. The City Manager recommended approval. lla. RESOLUTION 13757 ESTABLISHING THE COMPENSATION PLAN FOR THE UNCLASSIFIED/HOURLY EMPLOYEES FOR FISCAL YEAR 1988-89 (City Manager) Hourly employees receive no benefits; however, traditionally they have been granted the same increases as the Chula Vista Employees Association. The approximate cost of this wage increase is S43,645 which falls within the guidelines authorized by Council. It was recommended that Council approve the resolution increasing classified hourly employees wages 3% effective July l, 1988 and an additional 3% effective the first pay period in January 1989. b. RESOLUTION ESTABLISHING THE COMPENSATION AND FRINGE BENEFIT PLAN FOR THE UNREPRESENTED/UNCLASSIFIED EMPLOYEES FOR FISCAL YEAR 1988-89 Pulled from Consent Calendar. ~Hnutes 7 ~ August 23, 1988 c. RESOLUTION REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL IN THE CITY OF CHULA VISTA FOR FISCAL YEAR 1988-89 Pulled from Consent Calendar. 12. ORDINANCE 2281 LEVYING TAXES ON ALL PROPERTY IN THE CITY OF CHULA VISTA FOR THE FISCAL YEAR 1988-89 - FIRST READING & ADOPTION (Director of Finance) Since the passage of Proposition 13, Council is required annually to set the necessary tax rate for voter approved debt service. The 1988-89 tax rate will generate $82,138 in property taxes. This is the amount necessary for debt service on the Police Facility Bonds. 13. REPORT PCM-88-21: CONSIDERATION OF COUNCIL POLICY FOR THE USE OF CHURCHES AS TEMPORARY SHELTERS FOR THE HOMELESS (Continued from meeting of August 2, 1988) (Director of Planning) Pulled from Consent Calendar. 14. REPORT REGARDING THE IMPACT OF AN ALL-WAY STOP ON REDUCING THE SPEED OF TRAFFIC ON RUTGERS AVENUE (Continued from meeting of August 16, 1988) (Director of Public Works) Pulled from Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING CONCERNING PROPOSED AMENDtiENTS TO THE CHULA VISTA MUNICIPAL CODE SECTION 9.50 MOBILEHOME PARK SPACE RENT MEDIATION (Community Development Director) a. ORDINANCE AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE-RENT MEDIATION b. ORDINANCE 2282 AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE-RENT NEGOTIATION AND ARBITRATION AND DECLARING THE URGENCY THEREOF FIRST READING & ADOPTION This being the time and place as advertised, Mayor Cox declared the public hearing open. inutes 8 August 23, 1988 t the August 16 meeting, Council requested staff and the obilehome Issues Committee to review the Lancaster and San Luis bispo mobilehome rent control ordinances. The recommendation was hat Council review the information and report and postpone making ny decision on the proposed amendments until staff, the City ttorney and Council have had an opportunity to review the nformation and provide an analysis. ssistant Director of Community Development Gustafson stated that e was not prepared this evening to give the Council an in-depth nalysis of the mobilehome ordinances from Lancaster and San Luis bispo since he was on vacation and just returned today and hasn't ad time to study them. ssistant City Attorney Rudolf said he talked to the attorneys in .ancaster and San Lius Obispo. Lancaster just amended their ,rdinance two months ago and there were some significant changes -o the cost of living and the binding arbitration process. For ~he San Luis Obispo ordinance, their County Counsel stated that he park owners submitted an Initiative; however, they did not lave enough valid signatures to place it on the ballot. Their ~ounty Counsel believes their ordinance is not a model other ities would want to pattern after. They have had a series of ~ases before them in the small claims court as to whether the ncrease in the rent applied to fixing up amenities in the park. ~ttorney further stated that Exhibit "B" as presented by staff is ~he preferred language he would recommend. It has the most · easonable methodology for a rent control board to apply a ~tandard and makes economic sense. Assistant Director Gustafson !xplained the difference between the staff's Exhibit "B" ordinance ~nd that as presented by the Mobilehome Issues Committee. Zn answer to Councilman Moore's question, Mr. Gustafson stated ~hat staff would have no objection to rewording a clause in the irdinance to have the binding arbitration being submitted within =ive working days. ~ouncilwoman McCandliss referred to condition ~7 under Maintenance }f Net Operating Income and questioned what documents would be ~equired. Mr. Gustafson stated he was not prepared to name the ~pecific documents at this time. Councilwoman McCandliss stated ;he would like to see that specific language included in the ~rdinance. lary Francis Click, 1100 Industrial Blvd., Chula Vista 92011, speaking for the Mobilehome Issues Committee, stated they have ~een working on this since last December. The only thing that has saken Council longer to decide was the house on Murray Street. ~he briefly outlined the content of the ordinance and questioned she net operating income why Chula Vista has 100% of CPI; the ~rdinance has no "pass-throughs" - they are covered in the increases of the CPI; the park owners don't want them and they ~on't want them in the ordinance; her opinion is to leave it in ~nd if, in the future, it is deemed illegal, then it can be taken ~ut. Hnutes - 9 - August 23, 1988 'he Mobilehome Issues Committee wants to see the ordinance taken ~are of tonight. She added that mediation is a waste of money; she two parks that have gone through this process have verified :hat; therefore, the Committee has agreed that the simplest way ~ould be o go to straight negotiations and binding arbitration :rom that. Mrs. Click then presented a copy of Section 798.15g ,nd 798.15 stating that in the ordinance presented by the :ommittee, the 798.15g should be changed to 798.51. lick Birdsell, 580 Corte Helena, Chula Vista 92010, a member of ~IC, stated that the majority of the park owners have little or no ~bjection to the binding arbitration; Exhibit "B" ordinance from :he MIC encourages good faith negotiations between the residents ~f the park and the park owners. If, during the binding ~rbitration process, they find that one of the parties is not legotiating in good faith, then that particular party must pay for ill costs. 3ert Epsten, 3526 Emerson Street, San Diego 92106, stated that 4rs. Click expressed the feelings of both the mobilehome park *esidents and the park owners; to re-invent the wheel at this time vould be an injustice and doesn't achieve anything; the present ~rdinance is working; mobilehome park owners have cooperated and ~greed to the binding arbitration and the revision of the CPI and lot to have any "pass-throughs". layor Cox noted that there were four park owners and five nobilehome park residents who have signed the ordinance. Elena Maldonado-Hanson, 100 Woodlawn Avenue, Chula Vista 29010, 3ne of the owners of the Bayscene Mobilehome Park, read into the *ecord a portion of the letter which she submitted last week to the residents; the owners are against rent control, government :ontrol and binding arbitration; they have been in mediation in 3er park since September 1987; they went through the mediation 3rocess; they have now sent a letter to their tenants stating there will be a rent increase, asking them to respond by a certain date and have not heard from any of their tenants. She recommended the adoption of Exhibit "B' ordinance as presented by the MIC. Scott Frazeur, 44 Anita Street, Space 19, Chula Vista 92011, stated he was the one who submitted the Lancaster ordinance, not to be adopted but to be used merely as a guideline. He added that lary Francis Click and her committee have worked very hard to come Jp with this ordinance - they are where the action is and therefore, the Council should adopt their ordinance rather than staff's. inutes lO August 23, 1988 ames Lovett, lO0 Woodlawn Avenue, Space 75, Chula Vista, tenant t Bayscene Mobilehome Park, stated that none of the residents in hat Park have received the letter referred to by Elena aldanado-Hanson and that is why it is "in limbo". He added that hey have had three increases during this past year which amounts o eight or ten times the CPI; there are spaces in the park that re empty and no effort made to fill them; there have been spaces here brand new coaches have been put in but no effort made by the wners to sell them. ob Gordon, 841 Tameyo Drive, #3, Chula Vista 92010, stated that long with A.Y. Casillas and Patty Davis, he served on the first lediation team and discussed some of the problems that they ncurred in the mediation process which came about because the .ark owners knew they would go into binding arbitration and sherefore, that put the mediators in a tenable position. 'here being no further testimony either for or against, the public tearing was closed. ~ouncil discussion followed. Mayor Cox noted the time element :hat this has been before the Council, stating he is prepared to ~dopt Exhibit "B" ordinance as submitted by the MIC. ~ouncilman Moore agreed noting that the only thing that was not inanimously adopted by the MIC was the 100% CPI which offsets the ~ass-throughs. ~ouncilwoman McCandliss indicated she cannot support the ~efinition of the operating maintenance income and predicted there Jill be amendments to the MIC ordinance if they go into binding ~rbitration. She can support Exhibit "B" MIC ordinance but :autioned that it should be watched closely. ~ouncilman Nader stated that he supports Exhibit "B" MIC ordinance ~lso; however, he has three or four areas of concern. The first vould be for the staff to come back with a supplemental report and tn amendment, (2) he has a concern that the arbitration will be sonducted under the auspices of the American Arbitration ~ssociation and would have to have members of that Association be in the binding arbitration process. He is concerned with the cost >f that and felt that the parties themselves should choose their 3wn arbitrators. He felt the rules should be changed to authorize this, (3) he has a concern regarding the list of the potential negotiators; these members are not appointed by the City and he ~as some question whether or not this should be the authority board. IMayor Cox noted the clause pertaining to the appointment 3f a fifth member which was in the ordinance.) Councilman Nader declared that the fifth member should be chose by the MIC and ~ould like to have staff look at this clause, (4) he is concerned regarding the criteria aspect of Section 9 of the Lancaster ordinance. He noted that Assistant City Attorney Rudolf indicated he needs more time to look at this. Councilman Nader said he would like to have the Council receive a confidential memo from the Attorney regarding this section. linutes ll August 23, 1988 ,MENDMENT TO RESOLUTION ~SUC (Cox/Moore) to amend Ordinance "B" as presented by the MIC on lage 5 number 1 to change 798.15g to 798.51. ',ssistant City Attorney Rudolf suggested they delete the entire ast sentence of that particular paragraph since it is not ~ecessary to be in the ordinance. layor Cox stated he would prefer to leave it in at this point. )RDINANCE, AS AMENDED, was placed on first reading and adoption by layor Cox, the reading of the text was waived by unanimous ionsent, passed and approved unanimously. ISUC (Nader/McCandliss) that staff be directed to analyze and ~eport back on the advisibility of the potential amendments to the 3rdinance just adopted: (1) if the people who are to be chosen ~rbitrators should be members of the American Arbitration ~ssociation; (2) whether the fifth member on the negotiating sommittee should be allowed to be chosen from other than a list affered by the MIC: (3) incorporation of the criteria set forth in Section 9 of the Lancaster Ordinance as options for the ~rbitrators would or would not strengthen the ordinance. layor Cox called a recess at 8:53 p.m. and the meeting reconvened at 9:03 p.m. 16. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT 041 FOR SDG&E SITE PREPARATION FOR WASTE WATER TANKS (Community Development Director) a. RESOLUTION 13758 AUTHORIZING ISSUANCE OF COASTAL DEVELOPMENT PERMIT 041 TO SDG&E FOR SITE PREPARATION FOR WASTEWATER TANKS SUBJECT TO THE CONDITIONS OF APPROVAL IN ATTACHMENT A This being the time and place as advertised, Mayor Cox declared the publ i c hearing open. San Diego Gas & Electric Company (SDG&E) has submitted a Coastal Development Permit application for grading, pavement, and containment wall construction on a 46,550 square foot area on the South Bay Power Plant site. This proposed work would constitute the site preparation for the future construction of wastewater tanks to replace the existing wastewater ponds. Improvements to the existing wastewater ponds or installation of wastewater tanks are being required by the Regional Water Quality Control Board to remediate potential adverse environmental impacts. It is recommended that Council conduct a public hearing and find that the proposed site preparation for the future construction of wastewater tanks is consistent with the policies of the certified Chula Vista Local Coastal Program, and issue Coastal Development Permit #041 subject to conditions. linutes 12 - August 23, 1988 'here being no testimony either for or against, the public hearing !as closed. rESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the ~ext was waived by unanimous consent, passed and approved !nanimously. 7. ORAL COMMUNICATIONS Opportunity for members of the public to speak to the City Council on any subject matter within the Council's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed five minutes. ~. Stan Waid, 5617 Galloping Way, Bonita 92002, expressed his ~hanks to the City Council, Assistant City Manager Asmus, and )eputy City Manager Thomson for the work that they did on the 3onita annexation. ~aul Greene, Sr. referred to the issue of the Woodlawn Park ~isturbances in a letter he received from staff on August 19 as iirected by the Mayor. He stated he has some solutions to the ~roblem and asked to meet with Council in Closed Session to ~iscuss them; however, he wants everything he says to be taped. 'layor Cox explained that according to the Brown Act, Mr. Greene :ould not 9o into Closed Session with Council to discuss this 3articular issue but asked him to meet with staff to give them his input. Mr. Greene stated he would do that but he would take his tape recorder and would tape the meeting. ~ULLED ITEMS 3a. REQUEST THAT CITY ATTORNEY PROVIDE MOBILEHOME OWNERS POLITICAL ACTION COMMITTEE WITH A DEFINITION OF DIFFERENCES CITED FOR FUNDING DENIAL R. C. Flaugher, 1100 Industrial Blvd, Chula Vista 92011 4ayor Cox announced that Mr. Flaugher has withdrawn his request to speak on both 3a and 3h. ~SUC (Cox/McCandliss) to approve the staff recommendation to acknowledge the letter noting it was not appropriate for the City to provide the services. 3b. REQUEST TO RENAME OTAY LAKES ROAD TO COLLEGE ROAD Joe Conte, Superintendent/President, Southwestern College, 900 Otay Lakes Road, Chula Vista 92010 ~ayor Cox explained that Mr. Greene had asked that this item be pulled and explained to Mr. Greene the recommendation which was to refer to staff for consideration. Mr. Greene stated he had no objection to that. MSUC (Cox/Nader) to approve the staff recommendation. linutes - 13 August 23, 1988 ~c. Councilman Nader asked if 3c had been pulled. Mayor Cox explained it was not. lSUC (Nader/Cox) staff bring back an ordinance that would provide Dome minimum standards for reservation of church spaces in future ~ommunity developments. 3h. REQUEST FOR MEETING WITHIN 2 WEEKS TO DISCUSS MOBILEHOME ISSUES - R.C. Flaugher, 1100 Industrial Blvd, Chula Vista ~SUC (Cox/McCandliss) to approve the staff recommendation denying the request since the Mobilehome Issues Committee advises Council ~n these issues. 3i. REQUEST FOR FUNDS TO SEND REPRESENTATIVE TO JUNIOR OLYMPIC ROLLER SKATING DANCE NATIONALS David C. Pease, Jr., 1744 Yale Street, Chula Vista 92013 3avid Pease, explained to Council that Olivia Galearia will be representing the City at the Junior Olympics in Michigan at which there may be some national television coverage. He asked that Shula Vista give no less than that given by National City which ~as 5250. Souncilman Nader noted that the Council has, in the past, given financial support to some organizations such as Music Machine; he felt this was a worthwhile project and some amount should be given. Souncilman Moore noted it was a difficult decision since there are ~ number of talented people and organizations out in the City who could use financial support. The Council is talking about taxpayers' money and not Council's. He suggested Council should have a policy noting what maximum amounts to be given to individuals and maximum amounts to certain groups and organizations who perform at various state, national and international events. In answer to Councilwoman McCandliss' question, Mr. Pease stated they recently had a fundraiser whereby the members skated and charged the public $1.75 admission. Councilwoman McCandliss commented that she, too, had concerns spending taxpayers' money to provide this financial support. She suggested Mr. Pease put on a community fund raiser and charge perhaps $5 or $10 per person for an exhibition of the skating. '4ayor Cox agreed and noting that the Council meeting is being televised, urged the public watching the broadcast to call his office to donate whatever funds they may wish to go towards this event. He asked that if any checks are being sent they be made out to Olivia Galeana and sent to the Mayor's office. ~IS (Cox/McCandliss) to deny the request. utes - 14 August 23, 1988 STITUTE MOTION (Nader/McCandliss) for staff to enter into an agreement with applicant that the City would provide ~200 to support her in competition for which the applicant would perform in some City ction or offer some appropriate level of service to the Parks & reation Department. Mayor noted that this cannot come back to Council in time for event which is to be over the Labor Day weekend. ncilwoman McCandliss withdrew her second. The MOTION DIED FOR K OF SECOND. MOTION TO DENY THE REQUEST CARRIED with Councilman Nader ing no. C (Moore/Cox) to direct staff to review and prepare the pros cons of a policy to include some type of offsetting service to City through entertainment display or donation of art as a imum amount for an individual and a maximum for an organization outside the State, national or in the area of representing the y in sports or music - this is referred to staff for evaluation report back. CONCERNS REGARDING PROSTITUTION ALONG BROADWAY Residents of Area, Chula Vista ff recommended that the Police Department hold a series of lic meetings with the petitioners to seek their further input to how they perceive the problem, and also to give the ,artment an opportunity to explain what they are doing, can do intend to do in the future. s Juanita Medina, 585 Otis Street, representing her neighbors I petitioners submitted pictures to Council showing the areas of ,stitution which the children going to school are subject to ~k at. The residents are concerned that nothing is being done this point even after talking to the Police Department. She even found prostitutes in her back yard with their customers. police are doing what they can but that is not enough. Mrs. ~ina added that she counted five prostitutes at the intersection ~r her home last night. They are there at 7 a.m., at noon and all hours of the day and night. !or Cox read the staff recommendation for the Police Department meet with these residents to get their input. incilwoman McCandliss asked to be notified of this meeting so ~t she and other members of the Council can attend. She lmented that the number of prostitutes has increased ~mendously to a level now that Chula Vista is becoming known as Cajon Boulevard". Along with the prostitution is a lot of ~g activity. !inutes 15 - August 23, 1988 ~ouncilman Nader stated he drove down Broadway just recently and ~oted a great number of prostitutes at the corner of Broadway and i Street as well as smaller numbers at the other intersections. !e went into a restaurant on Broadway for dinner and was called ibscene names by some of the prostitutes. He commented one of the iorthern California cities had this same problem and one member of ~heir city council organized a citizen's patrol. The citizens rent out and walked the streets, talked to the prostitutes and ~ustomers which deterred completely the prostitution in that ~ity. He suggested a similar thing be done in Chula Vista. He iould be willing to go out with the citizens at any evening to ~atrol Broadway. He asked that staff come back with a report on ~his and also suggested writing a letter to the Presiding Judge at ~he Municipal Court that a reconsideration be done of the risk of ~ecidivism and whether it should affect the bail procedures when tn arrest is made. He also suggested that a letter be written to ~he Legislators and encourage them to move forward with some type ~f legislation requiring drug testing of the prostitutes. ~ouncilman Nader added that he would also like to have staff ~ontact the Courts and/or Legislators to make sure restitution =ines are being charged in these cases and whether a portion of shat money can be used to defray the cost of patrolling this area ~nd if the fines are already being imposed, to see if the City can let access to some of that restitution money. He would like this information back in the form of a confidential memo to the City ~ouncil since the report may reveal some undercover activity going ~n which should not be revealed to the public. ~r. Kent Anderson, 625 I Street, Chula Vista, stated that in some :ities IL.A.) the bail is set at $1,000 but in Chula Vista they ~on't have bail. ISUC (Cox/McCandliss) to adopt the staff recommendation and Tnclude Councilman Nader recommendations. Zn response to Council's question, Director of Public Safety Jinters stated that there has always been a prostitute along lroadway; however, the number has increased significantly. To do ~nything, he would have to pull some Officers off other duties ~hich have a higher priority because once they start on this ~rogram they have to continue and stay with it. Director Winters ~oted that when the prostitutes are brought into the station they ~re, in most respects, individuals who do not live in San Diego ~ounty. They give a fictitious name and if a warrant is issued =or their arrest, they may never be picked up. ~ouncilman Moore discussed the different campaigns in the City ;uch as anti-speeding, anti-graffitti, etc. and declared that one ~ay to solve this particular problem is for the public to get involved. He noted the efforts of having a neighborhood watch ~rogram. The problem will not be solved with more police officers - it must have public input. linutes 16 - August 23, 1988 lb. RESOLUTION ESTABLISHING THE COMPENSATION AND FRINGE BENEFIT PLAN FOR THE UNREPRESENTED/UNCLASSIFIED EMPLOYEES FOR FISCAL YEAR 1988-89 lc. RESOLUTION REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL IN THE CITY OF CHULA VISTA FOR FISCAL YEAR 1988-89 layor Cox noted that these items {llb. and llc.) would be trailed ~ntil the close of the meeting since they will be going into :losed session on these items. 13. REPORT PCM-88-21: CONSIDERATION OF COUNCIL POLICY FOR THE USE OF CHURCHES AS TEMPORARY SHELTERS FOR THE HOMELESS {Continued from meeting of August 2, 1988} (Director of Planning) 3n January 19, 1988, the Council approved by minute action a request by the Regional Task Force on the Homeless to allow two local churches to participate in the Interfaith Shelter Network as temporary shelters for the homeless. Council directed staff to report back on an appropriate administrative procedure to process future requests of this type. It was recommended that Council refer the policy to the Planning Commission for review and comment. In answer to Councilwoman McCandliss' question, Acting Director of Planning Lee stated that the recommendation to go back to the Planning Commission is to give that body the final input before Council takes action. Mr. Glen Allison, 3958 4th Avenue, San Diego 92103, representing the Regional Task Force for the Homeless and a member of the Interfaith Shelter Network stated he opposes the staff recommendation because of the time element that will be involved. Last year the program provided over 7,000 beds in this County and involved over 1,O00 volunteers. The program has received the George Washington Award from the Valley Forge Freedom Foundation. The churches are very cooperative and would pledge to satisfy all health and safety requirements. Mr. Allison asked that the permit be done administratively rather than officially going through the CUP process since this is an intrusion on the State/Church principles and it can be done by the voluntary process. In response to Council's question, Acting Director Lee stated that staff would send out notices to all residents within 300 feet of the church and the application can be acted upon by the Zoning Administrator. Unless the item is appealed to the Planning Commission or the City Council, it would be a relatively short process. Director Lee stated they are also recommending that the application fee be waived for the churches and also for the appeal. ~inutes - 17 August 23, 1988 Souncilman Nader commented that they shouldn't be adding another ~ayer of bureaucracy to this program. The staff recommendation ~ould be a three to four week delay as a minimum. He felt the shurches themselves should send out notices to the residents vithin 300 feet of the area rather than the staff. 3ouncil discussion followed with Director Lee answering questions regarding the application process for the churches who have 3articipated in the program last year and have met all the requirements, the process for new churches coming into the program; the time element for the conditional use process and that for the administrative process; the suggestion to address this as an accessory use as long as it meets the criteria of the policy. Richard Hensgen, 893 Monserate, Chula Vista, Pastor of the First Baptist Church, stated his church did not participate in the program last year but plan to do so this year. He noted the function of a church, which is a group of people submitting to a belief and a way of action and the church itself is a building to house those people, to perform this belief. The issue of housing the homeless is not an accessory use, it is the primary use of a church. Lance Lindgren, 1329 Monserate Avenue, Chula Vista, member of St. Mark's Lutheran Church echoed the Pastor's comments, stating that St. Mark's participated in the program last year and it went smoothly. People stayed in the church for two weeks; volunteers helped counsel them and find jobs for them, then they went to another church for another two weeks. The mission of a church is to help these people. Blair Barnes, 655 4th Avenue, #36, San Diego 92101, member of Interfaith Shelter Network, stated that she is here to answer questions and the list of churches in South Bay is growing. Some churches can have the homeless there for two weeks where other churches can have them longer (up to four weeks), it depends on the size of the church. MOTION by Councilman Nader to file this report. The MOTION DIED FOR LACK OF SECOND. Councilwoman McCandliss commented that she had no idea of the specifics of the operation of this particular program whereby the people are limited to a two week period; the Council is now talking about an almost four week process to apply for a conditional use permit. She is not prepared to support the Conditional Use Permit process; however, she wants to wee a condition whereby the churches would send out some type of notification to the neighborhood. tinutes - 18 August 23, 1988 .layor Cox agreed, noting that in the policy, item #2, there should .. De a reasonable time limitation given. He sees nothing wrong with ~ ~, 6 or even two 12 weeks; however, he doesn't want the churches so take on this obligation for an excessive period of time; the iouncil should help this program along and provide some type of ~ules for the churches to live with. ~S (McCandliss/Moore) to refer to staff the development of an ~mendment or section that would allow this an an accessory use as ~ condition that would require that the City be informed that the ~hurches put out some notification to the neighborhood and to iontact the Interfaith Network to find out their structural ^equirements in addition to the health, safety and fire standards ~he City might normally enforce - this report to be brought back ~or Council consideration. ~ayor Cox clarified the motion which was to have staff bring back ~n urgency ordinance in order to develop this policy and a ~onditional accessory use process. This is to be brought back in two weeks with the understanding Council will take action on it ~nd subsequently it will be referred to the Planning Commission. Souncilwoman McCandliss included this in her motion, Councilman toore agreed to the second. The MOTION CARRIED with Councilman lader voting no. ~SC ICox/McCandliss) for staff to take a look at developing an ~dministrative use permit in the event there may be churches which ~ould choose to participate in this program for a greater period ~f time than allowed by the normal conditional use permit process. layor Cox commented that he would like to see staff take a look at ~hether or not under the administrative use permit, the churches ~ould participate in a four week program; however, he is not !ooking for a program which would entail a 24-hour, five-day week. i4. REPORT REGARDING THE IMPACT OF AN ALL-WAY STOP ON REDUCING THE SPEED OF TRAFFIC ON RUTGERS AVENUE (Continued from meeting of August 16, 1988) (Director of Public Works) ~t the January 12, 1988, City Council meeting, the Council tirected staff to evaluate the need for an all-way stop at Rutgers kvenue and Gotham Street and study the need to reduce the speed ;imit from 30 mph to 25 mph on Rutgers Street. This matter was ~eferred to the Safety Commission who at their March 10 meeting, .,oted 5-0 to recommend the installation of all-way stop signs at ~utgers and Gotham Street and to not reduce the speed limit on ~utgers Avenue to 25 mph. linutes ~ 19 August 23, 1988 ~ince the speeds of the motorists was not reduced significantly ~nd since Rutgers Avenue is a collector street with a curb-to-curb ~idth of 64 feet; and since motorists' speed is greater than 30 ~ph with a comfortable design speed of 36 mph, it was the staff's ^ecommendation to not reduce the speed limit on Rutgets Avenue =rom 30 mph to 25 m~ )eputy Public Works Director/Acting City Engineer Swanson slarified that at the last meeting it should have been noted that the people along Rutgers were notified of the report going to the Souncil and they were again notified it would be back this evening for Council consideration. Stan Waid, 5617 Galloping Way, Bonita 92002, stated he appeared before Council in June on this issue and is concerned as to what is happening along Corral Canyon Road. He is working with Supervisor Bilbray and President George Kost of Sweetwater Valley Civic Association on the Regional Transportation Committee. They are trying to work with the City to resolve the overall traffic problem, not only in Bonita, but also in Chula Vista as well. He has no objection to the 30 MPH speed limit but does object to the 40 MPH speed limitation. MSC (Cox/Moore) to approve the staff recommendation (Councilwoman McCandliss out). llb. RESOLUTION ESTABLISHING THE COMPENSATION AND FRINGE BENEFIT PLAN FOR THE UNREPRESENTED/UNCLASSIFIED EMPLOYEES FOR FISCAL YEAR 1988-89 llc. RESOLUTION REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL IN THE CITY OF CHULA VISTA FOR FISCAL YEAR 1988-89 Mayor Cox noted that these items will be trailed until after the close of the business portion of this meeting. 18. REPORT OF THE CITY MANAGER a, Scheduling Council meetings City Manager Goss reported there will be no conference or workshop scheduled for Thursday, August 25 and there will be no Council meeting scheduled for Tuesday, August 30 due to it being a fifth Tuesday. b. City Manager Goss reported on the Telegraph Canyon Road Flood Control Project; it is moving right along; however, portions of Fifth Avenue between Moss and "L" Street will be closed beginning this Monday for a period of 3 months. The City Council asked that the City Manager be sure that the people in that area are notified. Hnutes - 20 August 23, 1988 9. MAYOR'S REPORT Mayor Cox reported that the San Diego Symphony will hold a concert on Sunday, August 28 at 7 p.m. at the Marina. There will be a bus leaving from the "H" Street Trolley Station and the Rohr parking lot. ~. Mayor Cox submitted a memo from Iracsema Olivo, Administrative Analyst regarding AB 3354 (Floyd) which is the State preemption of a local fetal alcohol syndrome ordinance. The recommendation from the League is to oppose this bill. ISUC (Cox/Moore) to add this to the agenda as an item of ~iscussion for this evening. Deputy City Manager Morris explained that on Friday the League contacted staff to oppose this bill. The measure will be heard this week and letters need to be sent out to the Legislators to vote no on the bill, If the bill is adopted, the City's ordinance becomes null and void. MSUC (Cox/Moore) to oppose this bill, c. Mayor Cox announced that the 75th Diamond Anniversary Committee has just been awarded the George Washington Freedom Foundation Award from the Valley Forge Freedom Committee. There will be a banquet for this honor on October 19. He congratulated Councilman Moore and the Committee for their efforts. Councilman Moore stated that the credit should go to Margaret Sands who had the original idea and kept a scrapbook for the three year that the Anniversary Committee was formed. 20. COUNCIL COMMENTS a. Councilman Moore stated that he reviewed the SANDAG, Series 7 data on the growth management population forecast and the figures quoted for Chula Vista were not appropriate. City Manager Goss stated that staff is aware of the errors and have called this to SANDAG's attention. b. Councilman Moore referred to the item in the Council packet whereby the Planning Commission approved a variance to locate parking within an exterior sideyard setback and reduce the landscape screening from 10' to 1.5' along Smith Avenue in conjunction with a proposal to construct a two story 3300 square foot office building on a 60' x 125' parcel at the northeast corner of "H" Street and Smith Avenue directly north of the Chula Vista Shopping Center. He asked that the Planning staff appeal this item to the City Council. Minutes 21 August 23, 1988 s. Mccandliss stated that she drove by the "F" Street bookstore the other evening and was surprised to see a large sign stating that they are open 24-hours daily. She added that if there were no restrictions on the hours of operation of this type of business, staff should look into having some type of limitation. She asked that this be put on the next Council agenda for discussion. ~ayor Cox stated there is a request to go into Closed Session on items llb and llc. Assistant City Attorney Rudolf stated that this would be pursuant to the instructions to negotiators under Sovernment Code Section 54957.6. The Council recessed to Closed Session at 11:36 p.m. and the meeting reconvened at 12:07 a.m. llb. RESOLUTION 13759 ESTABLISHING THE COMPENSATION AND FRINGE BENEFIT PLAN FOR THE UNREPRESENTED/UNCLASSIFIED EMPLOYEES FOR FISCAL YEAR 1988-89 Mayor Cox stated that there was one classification not covered by the resolution: the Secretary to the Mayor and City Council and it was concurred in Closed Session to pay her the same as the other employees on that list (3% effective 7/1/88 and 3% effective the first pay period in January 1989). RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. llc. RESOLUTION 13760 REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL IN THE CITY OF CHULA VISTA FOR FISCAL YEAR 1988-89 RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. ADJOURNMENT AT 12:lO a.m. to the meeting of September 6, 1988 at 4:00 p.m. ' ~xxr CMC ~ City Clerk 1313