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HomeMy WebLinkAboutcc min 1989/06/20Tuesday, June 20, 1989 Council Chamber 7:03 p.m. ~ Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers Nader, McCandliss, Malcolm and Moore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER Mayor Cox announced that George Lee, a retired employee and former Fire Chief of the City of Chula Vista, had passed away on June 19, in memory of whom the flag is flying at half mast. 1. APPROVAL OF MINUTES MOTION MSC (McCandliss/Nader) to approve the Minutes for the Budget Sessions of June 7 and 8, 1989. (Councilman Malcolm abstained on the vote for the Minutes of June 8 because of absence.) 2. SPECIAL ORDERS OF THE DAY a. SUMMER CONCERT SERIES Concerts will be held in the Memorial Bowl from June A.g.st 6, after which date the concerts will be s d at Friendship Park behind the Library. Director Don Read of the Chamber of Commerce has cooperated with the Parks and Recreation Department to present the Series for the citizens of Chula Vista. CONSENT CALENDAR (Items 3a - 23) Pulled Items: 3d, 19, 20, and 22. MAYOR COX OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts waived by unanimous consent and approved unanimously. 3. WRITTEN COMMUNICATIONS a. URGING OPPOSITION TO SECTION 89 OF THE TAX REFORM ACT OF 1986 Mayor Mary Herron, City of Coronado, 1825 Strand Way, Coronado 92118 This request seeks support in askin9 federal legislators to introduce legislation that would address the adverse effects of Section 89 11986 Tax Reform Act); Council referred this to the City of Chula Vista Legislative Committee with direction to prepare a legislative analysis of SBl129 and to brin9 back a report to Council. b. URGING PARTICIPATION IN VECTOR CONTROL SERVICES Brian /~ Bilbray, Board of Supervisors, 1600 Pacific Highway, Rm. 335, San Diego 92010-2411 Council directed this item be placed on the agenda for Tuesday, July 11, 1989. c. REQUEST FOR PARKING MODIFICATION AT THE CHULA VISTA PUBLIC LIBRARY - Hugh Christensen, 376 Center St., #350, Chula Vista 92010 Council directed that Mr. Christensen be informed as to what has been done about the parking situation. d. PETITION PROTESTING PLANS FOR "GREEN BELT PROJECT" IN SDG&E EASEMENT 4 Mobilehomes Pulled from the Consent Calendar. 4. RESOLUTION 14137 APPROVING COMPUTER FACILITIES MANAGEMENT CONTRACT WITH EDP MANAGEMENT, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Deputy City Manager) The City has contracted with EDP Management, Inc. since 1975 for the supervision and operation of the City's computer center. The current one-year contract with EDP Management expires on June 30, 1989. Since the firm's performance under the contract has been very satisfactory, a new one-year agreement has been negotiated with EDP Management to be come effective July 1, 1989. The FY f h contract , 1989-90 cost o t e for basic services would be $71,421 funding for which is included in the City Manager's Proposed Budget. Approval of this contract would have an impact on the FY 1990-91 budget if the Data Processing revenue earned during FY 1989-90 exceeds $100,000 and thus results in an incentive payment to be made in July of 1990. 5. RESOLUTION 14138 APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WOODLAWN PARK CIVIC LEAGUE, INC. FOR USE OF COMMERCIAL OFFICE SPACE FOR THE WOODLAWN PARK LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Library Director) In December 1988, Council accepted responsibility as successor agency to operate two San Diego County branch libraries in the Montgomery annexed area. The Woodlawn Park Library has been located at 115 Spruce Road for many years. Council directed the branch library continue to operate at this location and enter into a commercial lease with the Woodlawn Park Civic League, Inc., for commercial office space. There are sufficient funds to cover the negotiated lease amount of $2,364. 6. RESOLUTION 14139 APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOSEPH G. & YVONNE T. QUIN FOR USE OF COMMERCIAL OFFICE SPACE FOR THE CASTLE PARK/OTAY BRANCH LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT CASTLE PARK/OTAY BRANCH LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ILibrary Director) In December 1988, Council accepted responsibility as successor agency to operate two San Diego County branch libraries in the Montgomery annexed area. The Castle Park/Otay Library has been located at 1592 Third Avenue since 1974. Council directed the branch library continue to operate at this location and enter into a commercial lease with Joseph G. and Yvonne T. Quin for commercial office space. There are sufficient funds to cover the negotiated lease amount of $20,400. 7. RESOLUTION 14140 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO FIREWORKS, INC. AND AUTHORIZING INDEMNIFICATION AGREEMENT WITH ROHR INDUSTRIES FOR FIREWORKS DISPLAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Director of Parks & Recreation) Planning is being finalized for the annual Fourth of July Fireworks Display to be held in the Chula Vista Bayfront. $20,000 has been budgeted in the non-departmental account for this year's fireworks display. Council directed the contract be executed with San Diego Fireworks, Inc. and an Indemnification Agreement with Rohr Industries be entered into for the use of their parking facilities. 8. RESOLUTION DELETED FROM AGENDA 9. RESOLUTION 14141 ACCEPTING BIDS AND AWARDING CONTRACT FOR SCREENING {STONE CHIPS) {Director of Finance) Bids were received and opened for furnishing screening (stone chi ) to the City for the period July 1 through December 31, 1989 to ~ for the street chip sealing program. Council awarded used the contract to low bidder, Sim J. Harris Co in the amount of $30,895.00. 10. RESOLUTION 14142 EXTENDING CONTRACT FOR THE CITY'S ANNUAL REQUIREMENT OF LIBRARY BOOKS (Director of Finance) The contract contains an option to renew for additional one year periods through June 30, 1991. San Diego and Chula Vista receive the largest discount off of published book prices in San Diego County and the recommendation for renewal is based on the large discount, integrity of Baker & Taylor in fully applying these discounts, and the fact that Baker & Taylor have been reliable, prompt and responsive. 11. RESOLUTION 14143 ACCEPTING BIDS & AWARDING CONTRACT FOR ASPHALTtC CONCRETE {Director of Finance) The asphaltic concrete is to be used by the City during the period Jul 1, 1989 through December 31, 1989. The bid specifications cal~ed for pick up of the material at the vendor's plant; the job site could be prepared while trucks were on route to pick up ot material and application made on their return. Council awarded the contract to S. J. Harris Company, number two bidder, in the amount of $90,975.00. Gulf Oil Company, low Bidder at $82,750 is located 3 miles north of Lakeside off Highway 67 {or 63 miles round trip) while the Sim J. Harris Company is 29 miles closer. 12. RESOLUTION 14144 ACCEPTING BIDS & AWARDING CONTRACT FOR MICROCOMPUTERS AND PERIPHERALS {Director of Finance) The microcomputers and peripherals will be used by the Police Department in the development of a Career Criminal Apprehension Program. Council awarded the contract to number two bidder, Neeco, Inc in the amount of $78,750.93. The low bidder's submittal d~ not meet specifications. 13. RESOLUTION 14145 ACCEPTING BIDS & AWARDING CONTRACT FOR PURCHASE OF TRUCKS {Director of Finance) All the trucks are budgeted in the Equipment Replacement Fund except for one which is provided for in the Special Sewer Fund. 14. RESOLUTION 14146 ACCEPTING BIDS & AWARDING CONTRACT FOR ASPHALTIC EMULSIONS {Director of Finance) The asphaltic emulsions with latex is required to be delivered to the work site and spread by the vendor. Council awarded the contract to low bidder, Sim J. Harris, Co. 15a. RESOLUTION 14147 ACCEPTING GRANT OF EASEMENT FROM BONITA RIDGE DEVELOPMENT COMPANY FOR SEWER PURPOSES {Director of Public Works) b. RESOLUTION 14148 ORDERING THE SUMMARY VACATION OF A PORTION OF A CERTAIN SEWER EASEMENT Construction errors caused the house to be constructed in such a way that a portion was located within the City sewer easement. The developers offered to relocate the sewer well beyond the limits of the house and, because of this, the developer granted a new easement for the sewer; the previous easement is vacated. 16. RESOLUTION 14149 MAKING FINDINGS ON PETITION (Director of Public Works) On January 12, 1988, Council approved consultant contracts, a reimbursement agreement and an acquisition/financing agreement for the formation of the Otay Lakes Road/Telegraph Canyon Road Phase I Assessment District. All costs will be paid by the EastLake Development Company and/or the Assessment District. 17. RESOLUTION DELETED FROM AGENDA 18. RESOLUTION 14150 APPROVING THE SUBMITTAL OF APPLICATION FOR STATE-LOCAL TRANSPORTATION DEMONSTRATION PROGRAM (SENATE BILL 140 FUNDS) (Director of Public Works) The Senate Bill 140 Transportation Demonstration Program was created to identify and construct locally supported projects with a minimum of State planning and review. Council directed an application package be submitted to CalTrans, for consideration in State-Share Funding. Maximum potential revenue to the City is in the amount of $5,973,750 dependent on the projects approved and the computed percentage of State share. 19. RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH KIBBY COMPANY - EASTLAKE III (Director of Planning) Pulled from the Consent Agenda. 20. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.36 RELATING TO THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES FIRST READING (Continued from meeting of June 13, 1989) (Director of Public Safety) Pulled from the Consent Calendar. 21. ORDINANCE 2314 AMENDING CHAPTER 5.58 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO REGULATION OF TOW COMPANIES SECOND READING & ADOPTION (Director of Public Safety) The ordinance, which requires higher standards and keeping the existing five companies rather than going to a RFP process, was placed on first reading at the meeting of June 13, 1989. 22. REPORT ON RELOCATION OF BUS STOP AT FOURTH AVENUE AND FLOWER STREET (Director of Public Works) Pulled from the Consent Calendar. MINUTES - 6 - June 20, 1989 23. REPORT ON AMERICAN TRANSIT CORPORATION (ATC) REQUEST TO LEASE PUBLIC WORKS YARD SPACE FROM THE CITY OF CHULA VISTA (Director of Public Works) Council approved the request of American Transit Corporation (ATC) to lease space at the Chula Vista Public Works Yard for bus maintenance if ATC is awarded the contract by MTDB; and directed the Transit Coordinator to bring back to Council an agreement between the City and ATC for the use of Public Works Yard space if ATC is awarded the contract. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 24. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE BUDGET FOR FISCAL YEAR 1989-90 WHICH INCLUDES ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDED JUNE 30, 1990 (Director of Finance) a. RESOLUTION 14151 ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 1990 b. RESOLUTION 14152 APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE CITY OF CHULA VISTA FOR FISCAL YEAR BEGINNING JULY l, 1989 AND ENDING JUNE 30, 1990 This being the time and place as advertised, Mayor Cox declared the public hearing open. Government Code Section 7910 requires each local government to establish its Gann appropriations limit by resolution each year at a regularly scheduled meeting or noticed special meeting. City Manager recommended that Council adopt a resolution establishing an appropriations limit of $43,011,337 for the 1989-90 fiscal year and provided additional information that the Community Development Department reported $15,000 of unused Community Development Grant Block Funds which could be used for the Senior Center Referral Center. He added that specific and defined Capital Improvement Program items that surface during the Fiscal Year will be added. Councilman Malcolm commented on the balanced budget which addressed the needs of the City and cited the need for after school programs for older children which goal could be achieved by bringing back a program for those older children to be incorporated with the Chula Vista Junior High School program. Mayor Cox reported receipt of a letter from Greg Rowe, Resource Conservation Commission, referencing the inclusion in the Budget of the Plaques for Members of the Commission. MINUTES 7 June 20, 1989 Robert Scott, P.O. Box 847, 92002, Bonita/Sunnyside Fire District, spoke to Council as Secretary of the Board and Director of the Bonita/Sunnyside Fire Protection District. He addressed the fact that the Budget does not include any allocation funds for the provision of service to territories inside the limits of Chula Vista. Because of the sudden loss of revenue and service, the Board suggested a phasing out program over a three year period in which all logistics can be examined for the betterment of service to both communities. John Green, 3768 Valley Road, Bonita, 92002, Vice President and Board Director for the Bonita/Sunnyside Fire District, stated the uniqueness that exists between the Fire Districts and emphasized the estimated arrival time achieved by them and urged Council to work out an agreement. Orville Moody, 694 Gretchen Road, 92010, Fire Chief, Bonita/Sunnyside Fire District, answered Councilman Nader's question relative to automatic aid stating the reason for the contract was because the City of Chula Vista can not adequately and timely serve some areas of the City; Bonita also reciprocates for the City of Chula Vista. Chuck Hamilton, 3309 Mesa Vista Lane, Bonita, 92002, and Manager of the Golf Course in Bonita, urged Council to reconsider and praised the work of the Bonita/Sunnyside Fire District. Mike Quartararo, 3815 Sweetwater Road, Bonita, CA 92002, asked that Council look at consolidation to gain recognition for all Chula Vista citizens. Pat Mounts, 3855 Alta Loma Drive, Bonita, 92002, stated her hopes that the vote against annexation is not influencing Council's decision. There being no others to speak either for or against the item, the public hearing was closed. ~ayor Cox stated the issue has been considered many times with the bottom line being the need for the best service to both areas collectively. He stated there is no question that the best level of service for all is achieved through automatic aid agreements but the question remains whether it should be tied to a financial situation. MOTION MS (Cox/Nader) to amend the Budget to add $35,000 to this Budget for FY 1989-90 for consideration of automatic aid with the understanding that it will be phased out over a three year period and that the money be earmarked but not released until an agreement is signed between the City of Chula Vista and the Bonita/Sunnyside Fire Protection District concerning the phase out and automatic aid. Mayor Cox suggested that staff look at the agreement the City of Chula Vista had with the Montgomery Fire Protection District for a ten year phase out when that area was annexed. MINUTES 8 June 20, 1989 Councilman Malcolm stated his opposition to the Bonita contract but will reluctantly support the motion if the Fire Department, the Fire Protection Association and Board of Directors jointly "buy in" on a final phase out. Councilman Moore outlined the many benefits enjoyed by the Bonita community through the efforts and budgeting by the City of Chula Vista; Councilwoman McCandliss highlighted the program designed by the Parks & Recreation Department for the after school pilot program for the junior and potentially for senior high students. She urged Council to work with the School Districts to expand the use of the schools and take a close look for funding of future programs. Councilman Nader commented on the expanded anti-gang programs, the increased staffing of the Police Department, innovative programs contained in the Budget, and the need for more fire fighters. MOTION MS (Nader/McCandliss) to add $35,000 addition to the Budget for the purpose of fire fighter staffing needs at Station No. 5 with the idea that the money will not be available to be spent at this point until a later report is brought to Council outlining where the additional money will come from. Councilman Malcolm opposed the motion stating the provision in the Charter which allows for future budget changes when necessary. Mayor Cox reluctantly opposed the motion and suggested full staffing might correspondingly be accomplished as the Bonita/Sunnyside Fire Protection District is phased out. Councilman Nader explained the intent of the motion is that the money would be spent only if it did not affect the City's reserves. Councilwoman McCandliss stressed a staffing level is needed by the Fire Station to support the service area to prevent dangerous situations and loss of lives. VOTE ON THE MOTION Failed. (Mayor Cox, Councilmembers Malcolm and Moore voted no.) MAYOR COX OFFERED RESOLUTION under 24a AND RESOLUTION under 24b AS AMENDED which were read by titles, the reading of the texts waived by unanimous consent and approved unanimously. 25. PUBLIC HEARING PCZ-89-1: CONSIDERATION OF THE IMPLEMENTATION OF THE MONTGOMERY SPECIFIC PLAN FOR THE AREA WHICH IS BOUNDED BY L STREET ON THE NORTH, BROADWAY ON THE WEST, OXFORD ON THE SOUTH, AND FOURTH AVENUE ON THE EAST CITY INITIATED IDirector of Planning) MINUTES 9 June 20, 1989 ORDINANCE 2315 REZONING CERTAIN TERRITORY, GENERALLY BOUNDED BY L STREET ON THE NORTH, BROADWAY ON THE WEST, OXFORD ON THE SOUTH, AND FOURTH AVENUE ON THE EAST, FROM ITS CITY-ADOPTED ICOUNTY-ZONING) CLASSIFICATIONS TO THE CITY CLASSIFICATIONS UTILIZED THROUGHOUT CHULA VISTA Tony Lettieri, Lettieri-McIntyre and Associates, reported this proposal involves the reclassification of a portion of the Castle Park "A" Subcommunity of the Montgomery Specific Plan. Specifically, this request will convert the existing City-adopted County zoning to City zoning classifications. Last month Council conducted a public hearing on Harborside A and under consideration at this time is Castle Park "A'~, part 1; other sub-areas will be before Council on July 18. Mr. Lettieri outlined the areas under consideration to Council by the use of slides and stated the recommendation to find this project has no significant environmental impacts and to adopt the adopt the Negative Declaration issued on IS-88-4M for the Montgomery Specific Plan and to approve PCZ-89-I and enact an the ordinance. Antonio Castro, 158 Zenith, 92011, reported for the Montgomery Planning Commission the slight difference in opinion of the Commission for the RV-15 to R-2-P area because the area immediately north is R-l-7 which now has scattered duplex construction. Some of the citizens concern was they would prefer to keep that a R-l-7 area or to go to R-l-5 which would allow higher density but retain the single family character. Thomas Silva, ll50 Fifth Avenue, 92011, representing the Sweetwater Union High School District, concurred with the staff's recommendation to rezone to the R-2-P designation. Kay Everitt, 469 Emerson Street, 92011, reported her attendance at the Lauderbach Community Center Meeting and her submission of a petition to both the Montgomery Planning Group on April 5 and to the Planning Commission on May 10. Both bodies recommended to rezone the areas along the west side of Fifth Avenue from R-2 to R-1 single family dwellings. Fred Haynes, 916 Fifth Avenue, Chula Vista, 92113, spoke for the property owners at 910, 916 and 920. He stated it is not advantageous to increase the size of his home but would be for all three owners to put studio apartments over the garages at the rear of their large lots. There being no others to speak for or against the item, the public hearing was closed. Councilman Malcolm addressed the fair share of apartment complex construction on the west side of town and questioned why should not all R-3 properties on the General Plan have a "P" classification. Planner Pass reported this as an excellent planning idea and does agree with the concept. In the areas where MINUTES lO June 20, 1989 the "P" classification is not inserted, it is because the area is already built up. Director of Planning Krempl reported, with Council direction, staff could handle the additional work. Councilwoman McCandliss addressed the property surrounding the school site. Planner Pass explained this area as "sandwiched" between the high density and the single family and, coming to an area not developed for a buffer. Mr. Pass explained the difficulty for City Planners to achieve a subdivision in such an area and how the "P" classification is useful. MOTION MS (Nader/McCandliss) to direct to amend the Ordinance (1) to incorporate the recommendation of the Montgomery Planning Committee and the Planning Commission that the designated R-2-P in the staff recommendation be designated R-l-7 and (2) to incorporate Councilman Malcolm's suggestion that the areas designated R-3 in the staff recommendation have a "P" modifier added; and to place the Ordinance on First Reading as so amended. Mayor Cox clarified the motion to amend the ordinance to accept the recommendations of the Montgomery Planning Committee and the Planning Commission for the two parcels, north of Naples and South of Naples, be rezoned to R-1 and there also be direction that the R-3 areas in this planning area be designated as R-3-P. Councilman Malcolm stated he did not feel it fair to single out this particular portion versus, when the General Plan comes up, to place it on all R-3 properties throughout the City. He stated he could in spite of the problem but in the transition zoning he could support an R-1-5-P. He stated his belief in transitional zoning, but thinks the School District and .staff raises a valid concern; he will not support the motion. City Manager cautioned that proposal might have adverse effects in discussions with the School District. Councilman Malcolm agreed to split the motion. VOTE ON THE FIRST PORTION OF THE MOTION To change the R-3 designations to R-3-P passed unanimously. Mayor Cox stated he would "reluctantly" not support to go with the R-l-7 as opposed to the R-2-P as recommended by staff because of the awkwardness of putting an R-l-7 development in the area. Councilwoman McCandliss acknowledged the Mayor's statement but questioned the site plan. The area is single family, there will be political ramifications with the School District but, if a plan could be brought in, the right density would be there for the buffer and that would be the time to deal with it. Councilman Moore commented that downzoning to R-1 does not give justice to the people who will move in the area in the future. MINUTES ll - June 20, 1989 VOTE ON THE SECOND PORTION OF THE MOTION: To go with the R-l-7 designation as recommended by the Community Planning Group. Motion failed. (Mayor Cox and Councilmembers Malcolm and Moore voted no) MOTION MSC (Nader/Malcolm) to rezone the Sweetwater area as R-1-5-P and to accept the Planning Commission recommendation. Motion passed. (Mayor Cox voted no) MAYOR COX OFFERED THE ORDINANCE AS AMENDED which was read by title, the reading waived by unanimous consent, and approved unanimously. 26. PUBLIC HEARING: Director of Planning A. CONSIDERATION OF FINAL EIR-88-2, GENERAL PLAN UPDATE RESOLUTION CERTIFYING THE FINAL EIR-88-2, GENERAL PLAN UPDATE It is recommended that Council certify that EIR-88-2 has been prepared in compliance with CEQA, the State CEQA Guidelines and the Environmental Review procedures of the City of Chula Vista. B. GPA-89-6: CONSIDERATION OF A COMPREHENSIVE UPDATE TO THE CHULA VISTA GENERAL PLAN RESOLUTION REPEALING THE EXISTING GENERAL PLAN AND ADOPTING THE CHULA VISTA GENERAL PLAN UPDATE It is recommended that Council repeal the existing General Plan and adopt the Draft General Plan; change the land use designation for a portion of the northerly section of Rancho San Miguel to Low Residential and; defer consideration of the EastLake III/Olympic Training Center Alternative until a future general plan amendment consideration in the summer of 1989. C. ADOPTING FINDINGS RELATIVE TO SECTION 21081 OF CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RESOLUTION ADOPTING FINDINGS RELATIVE TO SECTION 21081 OF CEQA AND STATEMENT OF OVERRIDING CONSIDERATIONS It is recommended that Council adopt the "CEQA Findings" and statement of overriding considerations. D. CONSIDERATION OF MITIGATION MONITORING PROGRAM FOR THE CHULA VISTA GENERAL PLAN UPDATE EIR-88-2 RESOLUTION ADOPTING THE MITIGATION MONITORING REPORT MINUTES 12 June 20, 1989 This being the time and place as advertised, Council opened the public hearing. Councilman Nader reported the impact of this General Plan revision to be felt by the City for many years and requested Councilmembers be given more time to review it. MOTION M (Nader) to continue the public hearing to the first three meetings in July to separately hear the Environmental Impact Report, the Revenue and Financial Analysis, and Growth and General Land Use Patterns as proposed at the first three meetings in July and to schedule a Special Meeting in July for a wrap up meeting. (Motion died for lack of a second. SUBSTITUTE MOTION MS (Nader/Malcolm) to continue the Public Hearing to a Special Meeting in July to complete the General Plan update. Mayor Cox explained his opposition to the motion and referenced the last three years over which the General Plan has been under review. Council is in a position to move forward at this time. VOTE ON THE MOTION Passed. (Mayor Cox and Councilman Moore voted no) Councilman Malcolm suggested only those in attendance at this meeting who cannot attend later be allowed to make a presentation. Councilwoman McCandliss felt anyone who wished to highlight something for Council attention should bring it forward. Mayor Cox reported a question posed by himself and Councilman Moore to the City Attorney. In August of last year, they both took a trip to look at the Olympic Training Center in Colorado Springs, CO, on a private plane which was already scheduled for with Mr. Dave Nielsen, Vice President of the San Diego Sports Training Foundation on board. Both Mayor Cox and Councilman Moore were offered to travel with him and they accepted to view the site. City Attorney Harron confirmed that the Fair Political Practices Commission (FPPC) does not distinguish the difference between the purpose of travel but does look at the value of the trip. Since the value of the trip was over $250, the City Attorney advised that both abstain from voting for one year from August 16 on the Olympic Center Training Center; this does not preclude voting on the General Plan itself. To prevent this for the future, the giver must make the gift to the City Council who designates who takes the trip. Councilman Malcolm reported stock he has owned for a number of years in Great American Federal and, to avoid any improprieties, stated he will abstain on any vote relative to the eastern portion except, because Mayor Cox and Councilman Moore cannot vote on the Olympic Training Center in order to obtain a third vote. He also will participate in the southeast corner of East "H" Street and Otay Lakes Road and the western portion. MINUTES 13 - June 20, 1989 Councilman Nader questioned his property ownership in the western end of the City, City Attorney stated one to four pieces of property ownership is considered "the interest of the public in general" and to abstain is not necessary. Director of Planning Krempl referred to the consideration of EastLake Greens by the Planning Commission on June 21 which would have been conditioned by the acceptance of the General Plan since this would be a valid designation on the EastLake Greens property. City Attorney Harron, althou9h there is no law to reference, feels it would be proper for the Planning Commission to ~ve contingent upon the approval of Council of the General The practical consideration is that if the General Plan changes, the Commission would have to consider it again. MOTION MSUC (McCandliss/Nader) to continue the Public Hearin9 for consideration of the General Plan at a Special Meeting of City Council on Monday, July 10, 1989 in the Council Chambers. The public was advised they were welcome to speak or to hold their comments to the Special Meeting on July 10. Councilman Malcolm questioned if it is proper to take into consideration whether homes on the EastLake Greens 9olf course are goin9 to be worth more and would not be a true trade off and that Council can choose any percentage including zero. Director Krempl stated the assumption of flexibility is correct and considered from 0 to 100%. He stated that staff gives the best assessment to see how the Plan measures up and to what extent but there is leeway. Joanne Carson, 57 Millan Court, 92020, reported, as Chairman, the Planning Commission voted 7-0 to recommend for the adoption of the General Plan. As citizen Joanne Carson, she sug9ested both Sections 6.2 and 6.3 of the General Plan be referred back to staff for additional study and to define the criteria. Peter Watry, 81 Second Avenue, Chula Vista, representing CROSSROADS, stated their support of Scenario IV until last week when the General Plan map was compared with the General Plan as interpreted through loopholes. EastLake Greens and Trails as combined on a visual showed the growth residential acreage as 800.2 acres in low and low medium, with the target density in low medium with 3,600 units. East Lake Greens proposal is now 4,869 which put the density 35% over target with bonuses added on top of that. If this continues, with all developers the General Plan would be shredded; the proposed infrastructure could not support the growth. It also changes the entire character of the eastern territory. Will Hyde, 803 Vista Way, also representing CROSSROADS, agreed the General Plan picture was all that anyone could ask for but the significance of the target density must be achieved throughout the Plan with only those exceptions those with rare and unusual benefit to the community, Density Transfer provision is sort of a MINUTES - 14 June 20, 1989 shopping list to make the Plan superior but is vague; lower density is the part of the Plan that should be addressed. The EastLake Greens' proposal, based on information available, seems to be unwarranted and it is indicated they should scale down their presentation before the Planning Commission, segments of which call for low medium density with 34 units/acre. He also requested that Chapter 1, 6.2 and 6.3, as recommended by Mrs. Carson, should 9o back to staff for a Task Force solution to alternatives. Those who deferred their comments to the Special Meeting of July lO included Bill Hauf, 12707 High Bluff Drive, San Diego 92130 representing San Miguel Partners; Thomas Silva, 1130 Fifth Avenue, 92011, representing Sweetwater Union Hi9h School District; Dave Siino, P.O. Box 1831, San Diego, representin9 San Diego Gas & Electric; Jeff Brinton, 401 B Street, Suite 1150, San Diego 92101, and Pamela Beckett Stahl, 1539 West llth Avenue, Escondido, 92025, both representing Herbert Beckett. Robert Santos, 900 Lane Avenue, Suite 900, 92013, representing EastLake Development Co. reported that he feels the land in the eastern territories can handle more density than the Plan shows. Mr. Santos offered support for the General Plan Scenario IV which cuts the density by 20% is accepted because it is a compromise and the Plan must be a consensus for the good of the community; support for the statements made by CROSSROADS althou9h the areas of ambi9uity need to be worked out; offered drafted lan9uage that Sections 6.2 and 6.3 of the Land Use Element should be adopted as interim policies only to allow the EastLake Greens Project to be processed but not intended to presume a favorable action on EastLake Greens and also referred back to staff. Mr. Santos stated his concern of the Olympic Center portion of the project and asked it be considered as a future vision for the City. He confirmed EastLake intends to 9o before the Planning Commission for an advanced grading permit for the project's golf course and stated his hope that nothing will prejudice the Plannin9 Commission's ability to take action. Dave Nielsen, 1904 Hotel Circle North 92108, representing San Diego National Sports Training Foundation, deferred his presentation until July 10 but expressed his hope that Council will adopt General Plan desi9nations as well as for the surrounding community. It is important for the Foundation to stay on schedule to accomplish the annexation and proceed with the public facilities financingj etc. Hugh Christiansen, 376 Center Street, #350, Chula Vista, 92010, read his presentation to Council which addressed the older structures in the downtown and predicted the area will become a "slum" unless the Plan includes housing for those with dependable and surplus income to make the Town Centre area into a self supporting village. He suggested the General Plan be inclusive to focus the business district as objective number one. James L. Fraser, 444 Anita Street ~101, Chula Vista 92011, stated his concern for all residents that obtain water from Sweetwater and Otay Lakes Districts. MINUTES - 15 June 20, 1989 Mayor Cox acknowledged receipt of a letter from Jackie McQuade which he forwarded to the Planning Director for inclusion in the July lOth Meeting. Her letter addressed the fact that East "J" Street was not listed as a scenic roadway. Shirley Grasser, 229 "F" Street, concurred with Joanne Carson to ask that sections be reevaluated and the importance to start a page 1-11 to page 1-27 to include 6.2 and 6.3 because the language helps define how to estimate the potential allowable residential density. Councilwoman McCandliss referred to "Summary of Comments and Response" and requested that Council be provided with the comments intended for the Resource Conservation Commission which were not included in Council's packet since they were "implementation rather than General Plan" comments. Mayor Cox reported previous Council Action to continue the Public Hearing to a Special Meeting to be held on Monday, July 10, in the Council Chamber. 27. ORAL COMMUNICATIONS George Roberrs, 1640 Maple Drive #73, 92011, representing Autumn Hills Homeowners Association, addressed a problem that exists when attempting to make a left turn on Main Street before Maple Drive. MOTION MSUC (Cox/McCandliss) to refer the item to staff and the Safety Commission for a report back. Harry Solway, 1640 Maple Drive #15, 92011, emphasized that when Walnut was closed the traffic increased and, when the curve was made, it presented a bigger problem; he offered suggestions for a solution as well as the need of a traffic signals. Mr. Solway also questioned the drainage system of Woodland Village stating that water accumulates at Maple and Spruce which fact has been reported to a City Department. Dale Foster, 1640 Maple Drive #63, 92011, representing Autumn Hills Homeowners Association, added that the striping on Main Street is difficult to read and asked for reflector buttons for night driving. ADDITION TO THE MOTION (Cox/McCandliss) to include in the report back the concerns stated by the speakers who reported a need for street lights and for striping, that the speakers be notified when the item comes before the Safety Commission and to City Council. VOTE ON THE MOTION AND ADDITION TO THE MOTION Passed unanimously. MINUTES 16 June 20, 1989 Bob Santos, 900 Lane Avenue, EastLake Development Company, ~=~- referred to the grading of EastLake Greens Golf Course and stated the sections referred to by Shirley Grasser could be addressed in a focused area of the General Plan document. There might still be time but his concern centers on pressure that might be placed on the Commission although the approval is needed. He questioned if Council would consider modifications of the conditions of the grading permit with the conditions of a certified EIR, the bonding and restoration of the ground and other appropriate conditions in the interest of time. Mayor Cox clarified an option Council has to notice a Special Meeting if there a need exists. James L. Fraser, 444 Anita Street (#101) 92011, Fraser, questioned the availability of drinking water for the EastLake Development and was advised the answer could be obtained by his contact with the Project Manager of the EastLake Development. PULLED ITEMS At 11:10 p.m., Councilman Malcolm left the dais. 3d. PETITION PROTESTING PLANS FOR "GREEN BELT PROJECT" IN SDG&E EASEMENT - Orange Tree, Continental, Hacienda and Lynwood South Mobilehomes It is recommended that the protest be received and filed, but that staff be directed to set up meetings with the various mobilehome park residents to discuss not only the concept plans for the Orange/Hermosa Park site, but the broader question of the SDG&E easement and the potential uses of that easement for park and other uses. Director of Planning Krempl reported this area is designated a Special Study Area of the Montgomery Specific Plan and will be coming back to Council prior to the completion of the establishment of City zoning. Dr. W. F. von Schucker, 444 Anita Street, #60, 92010, strongly protested the plan because of the narrow area with high voltage wires overhead to present problems for those ~ho play underneath in this proposed park. He presented a packet of paper to Council outlining the dangers of radiation to those exposed, the problems which will be encountered by Senior Citizens with parking and home values and the expressed desire by those in the area to live their lives in "peace and quiet." Bernard A. Tardy, 502 Anita Street #98, 92010, Hacienda Trailer Park, 92011, reported the concern of residents in the surrounding parks who submitted the petition not to have the area converted to a park. Council was commended in soliciting funds to construct the park but agreed with the dangers stated by Dr. von Schucker. He also stated the potential crime problem which will be opened up by "gangs" in the area and urged Council to place the park elsewhere. MINUTES 17 June 20, 1989 S. F. Christianson, 521 Orange Avenue, 92010, Orange Tree Homeowners, stated he was a 20 year resident of the Mobilehome park and reported his conversation with staff relative to the proposed green belt. He urged Council to reconsider the decision and to not invade their area with a park. James L. Fraser, 444 Anita #101, 92011, reported his biography as the authority for the authenticity of his proposed statements and also presented Council with a packet of back up documents from Canada. He addressed the same concerns as the previous speakers. MOTION MSUC (Cox/Moore) to accept the staff recommendation to receive the petition and to refer to the Montgomery Planning Committee and to direct staff to set up meetings in the various mobilehome parks to discuss the item with the residents. (Councilman Malcolm out) At 9:25 p.m., Council recessed and reconvened at 9:35 p.m. 19. RESOLUTION 14153 APPROVING PROFESSIONAL SERVICES AGREEMENT WITH KIBBEY COMPANY - EASTLAKE III IDirector of Planning) Mayor Cox reminded that he and Councilman Moore will not participate in the discussion because of a possible conflict of interest based on their acceptance of a travel trip to the Olympic Training Center in Colorado. Mayor pro tempore Nader took the Chair. On February 7, 1989, Council approved a Statement of Intentions regarding the processing plans for EastLake III which includes the Olympic Training Center. Staff has discussed the concept of obtaining a professional evaluation of the economic aspects of the EastLake III ro p posal with the EastLake Development Company and they concur that a professional economic evaluation would be beneficial to all parties to better understand the economic aspects of the project. The proposed study will cost a maximum of $45,000 which will be paid for by the EastLake Development Company. Staff recommended that Council waive the normal consultant selection policy due to the critical time schedule set forth in the Statement of Intentions and approve the agreement with Kibbey Company. Councilwoman McCandliss questioned staff's recommendation and Director of Finance Christopher reported the Kibbey Company has previously worked with the City with Assessment Districts. were highly recommended by other cities and have excellent references. Councilman Nader questioned and Director Christopher clarified the purpose for an economic land use analysis of EastLake's proposal. He also agreed that the planning and environmental consideration is more importantly considered. COUNCILMAN MALCOLM OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved. (Mayor Cox and Councilman Moore abstained) MINUTES 18 - June 20, 1989 Ken Aden, EastLake Development Company, 900 Lane Avenue, clarified staff requested this Agreement and that EastLake fund it; if not relevant information, they do not wish to spend the money. 20. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.36 RELATING TO THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES FIRST READING {Continued from meeting of June 13, 1989) (Director of Public Safety) There have been some changes to the San Diego County s Medical Waste Ordinance. Those changes have been reflected by revisions in the City's proposed ordinance. Councilman Malcolm stated he is awaiting a report from staff on the far reaching effects of this ordinance and stated his concerns of getting the information out to those it concerns. Dan Avera, San Diego County Representative for Hazardous Waste, reported the County's ordinance regulates any generator of medical waste less than 220 pounds per month; an amount in excess of this falls under State law. Vernon A. Fry, 345 "F" Street, Chula Vista, CA 92010, Dentist, stated his opposition to the ordinance dealt with the inclusion of dental offices and stated the Chula Vista dentists are not aware of the issue being discussed. Dr. Fry stated the public should be more concerned with sterilization procedures and cross contamination within a dental office. The specifics of the ordinance were addressed as unclear. Council questioned Dr. Frey of his concerns and his present procedures. Fire Marshal Gove reported her contact with other Chula Vista dentists and medical waste companies to question the number of pounds to be disposed and the procedures in which they dispose of it to estimate the approximate charge. Mr. Avera reported the ordinance does allow storage for up to six months to achieve a minimal cost; household exemptions was discussed favorably; and Countywide conferences are set to educate the community. Councilman Moore reminded that the Chamber of Commerce should have been included in the discussion since it concerns the business community; Councilman Malcolm agreed. MOTION MSUC (Malcolm/Moore) to continue the item to await a report back from the Chamber of Commerce. At ll:lO p.m., Councilman Malcolm left the Meeting. 22. REPORT ON RELOCATION OF BUS STOP AT FOURTH AVENUE AND FLOWER STREET (Director of Public Works) MINUTES - 19 June 20, 1989 At the May 16 meeting Council requested staff to investigate the feasibility of relocating the existing bus stop on Fourth Avenue near Flower Street to the north side of the E Street/Fourth Avenue intersection. This bus stop is served by San Diego Transit (SDT) Route 29 and Chula Vista Transit ICVT) routes 702A and 706. The estimated cost to relocate this bus stop is $200 which includes adding new red curbing, removing existing red curbing, and relocation of bus stop pole and passenger bench. Sufficient funds are available in the SCOOT budget to pay these relocation costs. It is recommended that Council approve the report and relocation of the bus stop. Transit Coordinator Gustafson answered Councilwoman McCandliss' questions and explained the recommendation for relocation as being accessible for a wheelchair lift bus. He also explained the entire area between the two driveway entrances will be red-curbed. MOTION MSC (Nader/Moore) to approve the staff recommendation. (Councilman Malcolm out) 28. CITY MANAGER'S REPORT a. Scheduling of Council meetings Not adequate time to prepare for presentation of the Mid Bayfront Plan on Thursday, June 22. MOTION MSC (Cox/Moore) to reschedule the Mid Bayfront Plan to the Agency Meetin9 on Thursday, July 13, at 6:00 p.m. in the Council Conference Room. 29. MAYOR~S REPORT a. Purchase of Medallions for Harbor Days which is scheduled for Sept. 30, 1989 which is the projected dedicated date for the new berthin9 pier. 1989 is also the lOOth Anniversary of the founding of the Chula Vista Yacht Club and plans by the Yacht Club and "The Californian" is to make up medalions commemorating the event. MOTION MSC (Cox/Moore) to encumber $500 to purchase 100 of the medalions out of the 1988-89 Fiscal Year Budget appropriated from Travel Expense. (Councilman Malcolm out) b. Approval of use of Joint Revenues of City of Chula Vista/MTDB to acquire Billboard at E Street and I-5 Council previously entered into an agreement with MTDB to allow the billboards and that revenues were to 9o into a joint account for beautification of the Trolley Line. MTDB is now in agreement to remove the billboards. MINUTES - 20 June 20, 1989 MOTION MSC (Cox/Moore) that the Mayor be authorized to send a letter to MTDB to ask that a portion of the revenue resource be used to purchase the billboara at I-5 and E Street. (Councilman Malcolm out) c. Assignment of Specific Pending Items in Council Referrals Report It is evident that of the 960 referrals which date back to 1985 have been completed or require a letter to complete. MOTION MSC (Cox/Nader) refer the items to the City Manager with the direction to bring back a disposition report at the July 11, 1989 Council Meeting. (Councilman Malcolm out) d. Since Mayor Cox may not attend the last meeting at which the City Clerk Fulasz will officiate, he offered his appreciation of her 29 years of service stating "she will never be replaced in that regard." e. Mayor Cox commended Director of Building and Housing Larson for the report given to the City Manager of his aggressive posture taken for the property abatement at 1086 Madison. f. Direction was given to schedule the Off-Road Vehicle Park in Otay Mesa for discussion on the July 11Agenda. At 11:46 p.m., Councilman Malcolm returned to the dais. 30. COUNCIL COMMENTS MOTION MSUC (Cox/Nader) to recess into Closed Session after the Redevelopmerit Agency Meeting for the purpose of litigation in which the City of Chula Vista is a real party interest. b. a. Legislative Report for Council Action SB 1440 (Dells) Driver training program - Support b. Legislative Report for Information Only: AB 1358 (Frizzelle) Fines & forfeiture: "proof of insurance" penalty revenue Support c. National League of Cities Proposal Regarding Mortgage Interest Deductions MOTION MSUC (Malcolm/Cox) to move approval of the Legislative calendar. MINUTES - 21 June 20, 1989 COUNCILWOMAN McCANDLISS: d. Referring to Council Referral No. 1400, her question concerned the appearance along "H" Street which seemed to be an open space easement off Ridgeback Road, and referenced the City's open space deviation policy. Staff had explained that, in the future, property lines and pads would be graded to be contiguous with property lines but she feels there is still a conflict. In some areas the pad goes to the top of the ridge. In other areas, the pad continues down to the float behind the house enabling the resident to have access into the open space. Consistency is needed in the grading direction sent from the City. MOTION MSUC (McCandliss/Moore) to refer back to the Engineering Department for a report back to Council. ADJOURNMENT AT 11:52 p.m. to the Adjourned (Workshop) Meeting of June 22 at 4:00 p.m., to the Special Meeting of City Council on Monday, July lO, 1989 in the Council Chambers at 7:00 p.m., and to the Regular Meeting of July ll, 1989 at 7:00 p.m.