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HomeMy WebLinkAboutcc min 1987/04/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 7, 1987 Council Chamber 4:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Assistant City Attorney Rudolf PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of March 26, 1987. MSUC (Moore/Cox) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. PRESENTATION OF "TREE CITY U.S.A" PLAQUE TO CITY COUNCIL - Battalion Chief Jim Trammel, California Department of Forestry presented a flag to the City Council in recognition of the City's 7th year as "Tree City U.S.A." b. Mr. Bob Montgomery, Principal, Halecrest Elementary School, along with some of his students presented Council with an "Apprecio-gram" for authorizing the installation of a stop sign near their school. CONSENT CALENDAR (3a - 22) Items pulled: 3b, 4, 16, 19 MSUC (McCandliss/Moore) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR MEMBERSHIP DONATION OF $3600 FOR WE-TIP PROGRAM - Jackie Coffman, Coordinator, P.O. Box 740, Ontario, CA 92762-8740 Minutes 2 April 7, 1987 The City Manager reported that Council has received similar requests from this organization in the past and has taken action to not support this program based on information from staff that the City supports other similar programs in San Diego County which are more effective for Chula Vista. Based on this information, it is recommended to acknowledge this letter but not provide the requested funding. MSUC (McCandliss/Moore) to acknowledge letter but not approve funding. b. REQgEST TO ENFORCE PARKING REGULATIONS FOR LARGE TRUCKS/TRAILERS PARKING ON RESIDENTIAL STREETS Mrs. Ann Brasche, 847 Halecrest Drive, Chula Vista 92010 Pulled from Consent Calendar c. REQUEST TO WAIVE SIDEWALK SALES ORDINANCE FOR ANNUAL SPRING ARTS & CRAFTS FESTIVAL ON MAY 1 AND 2, 1987 Randi Budlong, Downtown Coordinator, Chula Vista Chamber of Commerce, 233 Fourth Avenue, Chula Vista 92010 MSUC (McCandliss/Moore) waive business license ordinance. d. REQUEST TO CONSIDER MOVING SAN DIEGO COUNTRY CLUBHOUSE TO OTA~/MONTGOMERY LIBRARY SITE - Irene H. Maxwell, 473 Berland Way, Chula Vista 92010 The idea contained in the letter that this old clubhouse at the San Diego Country Club be used for a branch library in Montgomery has also occurred to the Library Director. Currently, staff is obtaining information regarding the building concerning the feasibility of moving it and the use oas a public facility. MSUC (McCandliss/Moore) that this letter be acknowledged, indicating that the City will look into the potential of the reuse of this building as a public library. e. REQUEST TO RESPOND TO WRITTEN COMMUNICATION FROM PUBLIC SAFETY DIRECTOR WINTERS RE ADOPTION OF DOGS & CATS - Toni DiMaggio, Mercy Crusade, Inc. P.O. Box 17784, San Diego 92117 MSUC (McCandliss/Moore) staff to contact Mrs. DiMaggio regarding her request to speak on this item. f. REQUEST THAT CITY TAKE NO ACTION TO INCREASE SEWERAGE FACILITY PARTICIPATION FEES UNTIL COSTS AND EQUITABLE DISTRIBUTION IS DETERMINED Theresa Cherniak, Legislative Analyst, Construction Industry Federation, 6336 Greenwich Drive, Suite F, San Diego 92122 Minutes - 3 - April 7, 1987 MSUC (McCandliss/Moore) that this letter be acknowledged and be referred to the public meeting on the sewerage facility participation fee scheduled for April 21, 1987. g. CLAIMS AGAINST THE CITY - Ms. Jan Kane, c/o 266 Church Avenue, Chula Vista 92010 The claim is the result of a three-car collision on August 9, 1986 which occurred in the 1200 block of Fourth Avenue. Attempts to negotiate a fair and equitable settlement of this claim throught the offices of our claims adjustors have been unsatisfactory. It was recommended that the claim be denied in order to enact the six month statute of limitations. MSUC (McCandliss/Moore) to deny the claim. 4. RESOLUTION APPROVING SUBMITTAL TO HUD OF DEVELOPMENT PROPOSAL BY SAN DIEGO COUNTY HOUSING AUTHORITY FOR LOW-RENT PUBLIC HOUSING DEVELOPMENT IN THE CITY OF CHULA VISTA AND APPROVING AGREEMENT AMENDING THE COOPERATION AGREEMENT BETWEEN THE SAN DIEGO COUNTY HOUSING AUTHORITY AND THE CITY OF CHULA VISTA (Community Development Director) Pulled from Consent Calendar. Assistant City Attorney Rudolf explained that this approval is contingent upon the approval of Redevelopment Agency (Item ~2 on their agenda). 5. RESOLUTION 12953 ACKNOWLEDGING RECEIPT OF A RESOLUTION OF REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RELATING TO THE PROPOSED AMENDED TOWN CENTRE II REDEVELOPMENT PLAN; CONSENTING TO HOLD A JOINT SPECIAL PUBLIC HEARING THEREON BY THE AGENCY AND THE CITY COUNCIL; SETTING A DATE FOR SUCH HEARING; AND PROVIDING FOR THE GIVING OF NOTICE THEREOF (Community Development Director) Community Development Director Desrochers reported that the next step in the amendment of the Town Centre II Redevelopment Project to authorize the Agency to collect tax increments from the Redevelopment Project Area is for the City Council to accept the Agency's Final Report on the proposed plan amendment and call for a joint public hearing on the Redevelopment Plan and Final EIR. Minutes - 4 - April 7, 1987 The joint public hearing is proposed to be held at the May 7, 1987 Agency meeting. Following the hearing, the Council and the Agency may make certain findings and approve the Amended Redevelopment Plan. If approved, the plan will go into effect following a 60-day appeal period. Financial analysis of the proposed expansion and renovation of the Chula Vista Shopping Center indicates that property tax revenues would increase from their current level of 4172,000 to $493,000 in the third year of operation (1991). Of the $172,000 in base (1%) property tax revenues, approximately $32,000 or 18% is received by the City of Chula Vista. With implementation of the project and approval of the Amended Redevelopment Plan to allow the Agency to collect tax increments, the City would continue to collect the $32,000 in property taxes a year. However, the Agency would have the ability to collect 100% of the property tax increments accruing from the project area for approximately 25 years (pursuant to concurrence of the County of San Diego). 6. RESOLUTION 12954 APPROVING APPROPRIATION AND LOAN OF $10,000 FROM THE GENERAL FUND BALANCE FOR SPECIAL COUNSEL SERVICES FOR THE TOWN CENTRE II REDEVELOPMENT PROJECT (Community Development Director) On July 18, 1985, the Redevelopment Agency approved a contract with the firm of McDonough, Holland and Allen for special legal services regarding redevelopment activities in the Town Centre II Project Area. The Agency is currently involved in negotiations regarding the preparation of a Disposition and Development Agreement for the Chula Vista Shopping Center Project and require additional assistance from McDonough, Holland and Allen. Since the Town Centre II project involves no tax increment, the Agency must borrow funds from the City's General Fund to finance these activities. The recommendation was that Council approve the appropriation and loan of $10,000 from the General Fund Balance for special counsel services. There are sufficient funds in the General Fund Balance to finance the appropriation of $10,000 to the Town Centre II Professional Service Account (#992-9920-5201). 7. RESOLUTION 12955 ACCEPTING GRANT OF EASEMENT FROM HILLTOP - MAIN, LTD. WESTANA INVESTMENTS FOR DRAINAGE PURPOSES ALONG THE EASTERLY LINE OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF HILLTOP DRIVE AND MAIN STREET (Director of Public Works/City Engineer) Minutes 5 - April 7, 1987 A grading plan for the property at the northeast corner of Hilltop and Main was approved. A 21" storm drain has been connected to an existing pipe within subject easement at the northeast corner of the property. The storm drain runs south, parallel to the easterly property line, to the entrance of a reinforced concrete box culvert under Main Street. Section 12.24.010 of the City Code provides that the owners of property being developed are to dedicate the necessary right-of-way for storm drain maintenance by the City. The document granting the storm drainage easement has been executed by the owners and submitted to the Engineering Department. It is now ready for Council acceptance. 8a. RESOLUTION 12956 APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LAWRENCE AND JANET GREEN OF AT 172 INKOPAH STREET (Director of Public Works/City Engineer) b. RESOLUTION 12957 APPROVING AN. UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JAMES AND GAIL LEGHORN OF 180 INKOPAH STREET Mr. Lawrence Green and Mr. James Leghorn applied for an uncontrolled embankment permit on July 8, 1986 for 162 and 180 Inkopah Street in accordance with Section 15.04.285 of the City Code. This procedure is necessary when earthwork has been done without soil testing or when no compaction reports or other soil reports have been prepared and submitted to the City. The intention is that a document will be recorded to warn subsequent owners that this uncontrolled situation exists and that it may be unsafe to erect structures over the area. A plan for the uncontrolled embankment was submitted to the Engineering Department and a review of these plans show they substantially conform to normal engineering practice. Based on staff's findings, it was recommended that the agreement for the uncontrolled embankment be approved subject to certain. conditions. 9. RESOLUTION 12958 APPROVING AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT 258 DATE STREET IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS ON THE PROPERTY OWNED BY GEMINIANO M. BROAS AND REMY J. BROAS AND LOCATED AT -1687 JEREMY POINT COURT IN THE CITY OF CHULA VISTA, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works/City Engineer) Minutes - 6 - April 7, 1987 In conjunction with the issuance of a building permit to construct a single family residence at 258 Date Street, the owners were required to install street improvements. The owners applied for a deferral of the construction and a deferral was approved by the City Engineer on November 17, 1986, because the improvements would have been piecemeal without an overall engineering plan and would be detrimental since it would not conform to existing grades and drainage flow. In order to expedite the building schedule, Mr. and Mrs. Broas submitted cash in the amount of the bond required, together with a letter stating that they would subsequently enter into a lien agreement, using their property at 1687 Jerome Pt. Court in Chula Vista as security for said improvements rather than the subject property at 258 Date Street. Their cash bond will be returned to them upon Council's acceptance of the lien agreement. The approval of the deferral is based on certain conditions. 10. RESOLUTION 12959 ACCEPTING CONTRACT WORK, "PAVEMENT OF ASPHALT CONCRETE OVERLAY (1986-87) PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA" (Director of Public Works/City Engineer) Daley Corporation completed the pavement overlay work on February 27, 1987 with a final inspection made on the same day. All work was found to be completed in accordance with the contract plans and specifications. The work was accomplished to the satisfaction of the City Engineer. The streets listed below were overlaid with this project: Millan Street - Gretchen Road to Myra Avenue (City) Inkopah Street - Melrose Avenue to Nacion Avenue (City) Mission Court - East "J" Street to end of cul-de-sac (City) 30th Street - "L" Street to Edgemere Avenue (City) Sierra Way - Broadway to Cedar Avenue (City Oxford Street - Third Avenue to Alpine Avenue (Montgomery) Glenhaven Way - First Avenue to Elm Avenue (Montgomery) Elm Avenue - Glenhaven Way to Amy Street (Montgomery) Amy Street - Elm Avenue to end (Montgomery) First Avenue - Palomar Street to Oxford Street (Montgomery) Tobias Drive - Palomar Street to Orlando Court (Montgomery) Oxford Street - Tobias Drive to Hilltop Drive (Montgomery) Third Avenue - "L" Street to Moss Street (Montgomery) 11. RESOLUTION 12960 ACCEPTING GRANT OF EASEMENT FROM WALTER J. ZABLE FOR TRAFFIC CONTROL PURPOSES AT THE RAMADA INN, 91 BONITA ROAD (Director of Public Works/City Engineer) Minutes 7 April 7, 1987 The driveway at Ramada Inn is aligned with the intersection of Bonita Road and Bonita Glen Drive which is currently being signalized. In order to place and maintain detectors within private property, the City requires that an easement be granted by the property owner. A grant deed has been received from the Cubic Corporation which manages the Ramada Inn. The legal description has been checked by the Engineering Department and is acceptable. 12. RESOLUTION 12961 ACCEPTING GRANT OF EASEMENT FOR STREET PURPOSES, DEDICATING SAID STREET TO PUBLIC USE AND OFFICIALLY NAMING SAID STREET "OXFORD STREET" (Director of Public Works/City Engineer) On May 8, 1986, Tentative Parcel Map 86-18 was conditionally approved by the Director of Planning and the City Engineer. Among the conditions of approval was the requirement that the owner grant to the City an easement for street purposes for a portion of Oxford Street, west of Broadway. This right-of-way, with previously acquired right-of-way, will allow for construction of a fully improved street terminating in a cul-de-sac. 13. RESOLUTION 12962 ACCEPTING BIDS & AWARDING CONTRACT FOR TRAFFIC SIGNAL AT BONITA ROAD/ALLEN SCHOOL ROAD IN THE CITY OF CHULA VISTA (Director of Public Works/City Engineer) On March 31, 1987, the City Engineer received sealed bids for the project which consists of the installation of a new traffic signal and safety lighting at Bonita Road and Allen School Road. The recommendation is that Council accept bids and award the contract to TCB Electric, Inc. (low bidder), in the amount of 934,000. 14. RESOLUTION 12963 APPROPRIATING FUNDS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE FOR ASBESTOS REMOVAL AND UPGRADING THE HVAC SYSTEM AT THE LEGISLATIVE OFFICE BUILDING AT 430 DAVIDSON STREET, AND AWARDING CONTRACT FOR ASBESTOS REMOVAL (Director of Public Works/City Engineer) Bids were received in March for the removal, air monitoring, hauling and proper disposal of approximately 2,000 sq. ft. of asbestos containing materials in the duct wrapping in the attic crawl space over the Legislative Office Building and for the renovation of the HVAC systems. Minutes 8 April 7, 1987 The recommendation was to appropriate funds for both projects, award asbestos removal contract to Asbestos Removal Specialists (low bidder in the amount of $18,490), and HVAC contract to R. B. Smith, in the amount of $9,850. 15. RESOLUTION 12964 SETTING PUBLIC HEARING ON MAY 5, 1987 TO CONSIDER CONDEMNATION STREET RIGHT OF WAY IN CONJUNCTION WITH ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) (Director of Public Works/City Engineer) The City Council, at its meeting on March 10, 1987, set the public hearing date of April 14, 1987 for the formation of Assessment District No. 85-1 (Las Flores Drive). On March 26, 1987, staff made a written offer to Mascot Realty, Inc. to purchase the street right-of-way adjacent to their property. The right-of-way is required for construction of street improvements which include storm drain facilities, curb and gutter, sidewalk, grading and earthwork for the roadway, etc. Staff also had a meeting on April 1, 1987 with Robert Scott and Wayne Clark, representative of Mascot Realty, Inc., concerning the City's offer to purchase this right-of-way. Mascot Realty, Inc. is unwilling to accept the City's offer of $32,700; therefore, it was recommended that Council set a public hearing for the meeting of May 5, 1987 at 4:00 p.m. for condemnation of the property. 16. RESOLUTION REVERTING PARCEL 2 OF PARCEL MAP 5481 TO THE SOUTHWESTERN COMMUNIT~ COLLEGE DISTRICT (Director of Parks & Recreation) Pulled from Consent Calendar. 17. ORDINANCE 2198 PREZONING THE PROPOSED BONITA-SUNNYSIDE FIRE PROTECTION ANNEXATION AREA BY ADOPTING RELEVANT PORTION OF THE COUNTY OF SAN DIEGO ZONING ORDINANCE SECOND READING AND ADOPTION (Director of Planning) On February 10, 1987, a petition was filed with LAFCO to annex 7.7 square miles of the Bonita Sunnyside Fire Protection District to the City of Chula Vista. In addition to the dissolution of the Fire Protection District, some territory will be detached from the Spring Valley Sanitation District. Director of Planning Krempl stated that should Bonita decide to annex to the City of Chula Vista. a policy similar to the one adopted for Montgomery with respect to Planning and Zoning is also contemplated. That policy would be as follows: Minutes - 9 - April 7, 1987 "County zoning regulations will continue to prevail while a study is conducted to determine the relationship of existing development. County zoning regulations and proposed City zoning for the area. The Sweetwater Planning Committee will review these issues and make recommendations to the Planning Commission and City Council on a proposed zoning plan." This action would implement that policy and only become effective subsequent to voter approval of the annexation proposal. The ordinance was placed on first reading at the meeting of March 24, 1987. Councilman Malcolm registered a "no" vote on this item. 18. REPORT REGARDING ORAL COMMUNICATION AND PETITION FROM RESIDENTS OF EAST NAPLES STREET, NOLAN AVENUE, AND NEPTUNE AVENUE REQUESTING ADDITIONAL TRAFFIC CONTROL, SPEED HUMPS, ENFORCEMENT, OR ANYTHING ELSE THAT COULD BE USED TO CONTROL SPEED ON THIS PORTION OF EAST NAPLES STREET (Director of Public Works/City Engineer) At the Council Conference of October 30, 1986, the City Council received a petition regarding a request for three-way stops at the intersection of Nolan Avenue and East Naples Street and at the intersection of Neptune Avenue and East Naples Street. The petition does not state any reasons for this request; however, at the October 30, 1986 Council Conference, the representing resident cited excessive speed on East Naples Street as the primary concern of residents. Based on staff's findings, it was recommended that no additional traffic control devices be installed at this time. The Safety Commission at its regular meeting on December 11, 1986, concurred with staff's recommendation for continued Police enforcement. 19. REPORT REGARDING CITIZEN REQUESTS FOR TRAFFIC CONTROLS AT EAST "H" AND AUBURN AVENUE (Director of Public Works/City Engineer) Pulled from Consent Calendar. 20. REPORT REGARDING WRITTEN COMMUNICATION - SPEEDING ON HALSEY STREET AND REQUEST FOR TRAFFIC CONTROL DEVICES AT FIG, BRIGHTWOOD AND ELDER AVENUES (Director of Public Works/City Engineer) Minutes - 10 April 7, 1987 At the September 2, 1986 meeting, the Council, in response to a written communication from Mr. Zadorozny, referred this item to staff and the Safety Commission for report and recommendations. Mr. Zadorozny cites numerous accidents and excessive speeds (40 to 50 mph) on Halsey Street between Fourth and Fifth Avenues. His request is that stop signs or at least yield signs be installed at Halsey and Brightwood Avenue. Specifically, Council requested that staff address the installation of traffic control devices at Fig, Brightwood and Elder and the possibility/necessity of posting this area of Chula Vista with 25 mph signs. The Safety Commission at its regular meeting on October 9, 1986, concurred with staff's recommendation. As a result of staff's studies, none of the three intersections studied meet warrants for two-way stops and/or yield signs. 21. REPORT REMOVAL OF TWO HOUR PARKING SIGNS ON GARRETT AVENUE (Community Development Director) On March 5, 1987, the Project Area Committee/Parking Place Commission, at the request of the owner of the Town Centre Professional Building, recommended that Council approve the removal of the two 2-hour parking signs along Garrett Avenue, south of "F" Street. The signs regulate on-street parking from 9 a.m. to 6 p.m. on the west side of Garrett Avenue next to the Canned Food Store. As a temporary measure to relieve parking congestion near the Library and Town Centre Professional Building, the PAC recommends these signs be removed. In addition, the ?AC recommended that the Redevelopment Agency continue to pursue land acquisition negotiations with the owner of 281-285 Landis Avenue for development of additional parking. The recommendation was that Council direct staff to remove the two signs and re-evaluate the area's parking needs subsequent to the development of Parcel 1 and the Panhandle Park. 22. REPORT ON AMENDMENTS TO RESOLUTION APPROVING MAJOR USE PERMIT FOR SAN DIEGO COUNTRy CLUB (City Attorney) At its March 24, 1987 meeting, the Council acted to approve the San Diego Country Club request for a major use permit subject to conditions. Council amended the resolution before it to incorporate new conditions which were placed on the permit at the meeting and directed staff to bring the amended resolutions back for Council's approval. Minutes - 11 - April 7, 1987 The amendments require the applicant to preserve the significant features of the historical club as a mitigation measure consistent with the environmental impact report. The action of the City Council tonight is merely to review the language to see that it conforms to the amended resolution adopted at the March 24, 1987 meeting. MSC (Moore/Nader) to accept the report. Councilwoman McCandliss abstained since she was not present at that meeting. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 23. PUBLIC HEARING VARIANCE: ZAV-87-19: APPEAL FROM PLANNING COMMISSION DENIAL OF REQUEST TO VARY FROM PARKING REQUIREMENTS AT 475 "H" STREET - IN-SANG COMPANY (Director of Planning) RESOLUTION GRANTING APPEAL AND CONDITIONALLY APPROVING PARKING VARIANCE AT 475 "H" STREET This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl submitted transparencies noting the location of the business and the parking layout. He explained that this item involves a proposal to convert approximately 6,400 sq. ft. of floor space from storage use to retail use within the Indoor Swap Meet building located at 475 "H" Street. The requested variance is to waive the requirement for 32 additional off-street parking spaces to serve the expanded retail floor area. Director Krempl added that the Planning Commission could not get a majority vote for the approval, it was 3-2 with 2 abstentions; staff is recommending approval based on the mixed use at the center; a survey was taken of the parking layout at different times indicating that is a surplus of parking spaces. Director Krempl also asked that a correction be noted in the agenda statement and resolution whereby it refers to the date of August 25 and it should be October 7. Councilman Malcolm indicated that he could not support this request because it is, in factt "bending the rules." He questioned whether or not the City had the authority if granting the approval, they could have the "Swap Meet" sign language changed. Assistant City Attorney Rudolf stated that as long as the sign was a legal non-conforming use, Council could not place that as a condition. Minutes - 12 April 7, 1987 There being no public testimony either for or against, the public hearing was closed. Councilman Malcolm noted that the item includes two 6-month extensions in which the applicant does not have to come back to Council for approval. He is not happy with the "Swap Meet" signage and because this is a new business (started in January), there will be a generation of a tremendous amount of traffic once the business becomes well known. Councilman Malcolm noted the lack of parking spaces in the adjacent areas of the medical hospital. MS (Malcolm/McCandliss) to deny the request. Councilwoman McCandliss stated that she has difficulty in accepting the findings in the staff report, remarking that if a new building were to be constructed today, the City would require additional parking. Mayor Cox compared this business to that of the Price Bazzar, noting that the name "Swap Meet" was a misnomer. The issue before the Council tonight was a variance for the parking and he can support the motion on the floor because he, too, has difficulty finding valid findings to grant the variance. The motion to deny the variance carried unanimously. 24. PUBLIC HEARING COUNCIL APPROVAL OF REDEVELOPMENT AGENCY LEASING TO THE CITY OF CHULA VISTA OF PROPERTY IN TOWN CENTRE II TO BE ACQUIRED BY THE AGENCY WITH TAX INCREMENT FUNDS (Community Development Director) RESOLUTION APPROVING THE LEASING TO THE CITY OF CHULA VISTA OF CERTAIN AGENCY PROPERTY WITHIN THE TOWN CENTRE II REDEVELOPMENT AREA, TO BE ACQUIRED BY THE AGENCY WITH TAX INCREMENT FUNDS, FOR THE PURPOSE OF FINANCING PUBLIC IMPROVEMENTS WITHIN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA, SUBJECT TO THE APPROVAL OF THE LEASE AGREEMENT, FINANCING PLAN AND AMENDED TOWN CENTRE II REDEVELOPMENT PLAN Community Development Director Paul Desrochers asked that the item be continued to the meeting of April 28. MSUC (McCandliss/Malcolm) to continue this item to the meeting of April 28, 1987 at 7 p.m. Minutes - 13 April 7, 1987 25. PUBLIC HEARING CONSIDERATION ISSUANCE OF A COASTAL DEVELOPMENT PERMIT FOR THE REPAIR OF AN EXISTING WATERLINE TO THE NATURE INTERPRETIVE CENTER FOR TEMPORARY FIRE AND DOMESTIC SERVICE (Community Development Director) Community Development Director Desrochers explained that due to the need for the Contract Engineer to refine the plan for the proposed water service to the Nature Center they are requesting a continuance of the public hearing to the meeting of April 14, 1987. MS (Cox/Moore) to continue this item to the meeting of April 14. Councilman Malcolm commented that he was going to bring it up under Council Comments; however, he would like Council consideration of cancelling the meeting of April 14 because it falls on Easter week. Other Councils and legislators have cancelled meetings during that week because of family get-togethers and children being out of school. SUBSTITUTE MOTION MSUC (Nader/Moore) to continue this item to the meeting of April 21. 26. ORAL COMMUNICATIONS Paul Green, 141 Lotus Drive, Chula Vista questioned the constitutionality of the Council's actions regardfng certain annexation issues and questioned the status of his claim against Carol Stinnet, Zoning Enforcement Officer for the City regarding Health Department matters. Mayor Cox asked Mr. Green to submit his written testimonies to the City Clerk. PULLED ITEMS 3b. REQUEST TO ENFORCE PARKING REGULATIONS FOR LARGE TRUCKS/TRAILERS PARKING ON RESIDENTIAL STREETS - Mrs. Ann Brasche, 847 Halecrest Drive, Chula Vista 92010 Mrs. Ann Brasche said that the residents along her street are "plagued with trucks" parking along Halecrest Drive. It creates a traffic hazard for people getting in and out of the shopping center and asked for Council's help to alleviate this problem noting she has submitted license numbers and names of the trucks to the Police Department. MS (Cox/Moore) to refer this item to staff to investigate and to bring back a written report. Minutes 14 - April 7, 1987 City Manager Goss stated he was made aware of this last week and has passed it on to the Police Department to take whatever action is available. Councilwoman McCandliss remarked that she would still like to have a report within 2 weeks on what the City Council can do about this situation. The motion for a staff report carried unanimously. 4. RESOLUTION 12965 APPROVING SUBMITTAL TO HUD OF DEVELOPMENT PROPOSAL BY SAN DIEGO COUNTY HOUSING AUTHORITY FOR LOW-RENT PUBLIC HOUSING DEVELOPMENT IN THE CITY OF CHULA VISTA AND APPROVING AGREEMENT AMENDING THE COOPERATION AGREEMENT BETWEEN THE SAN DIEGO COUNTY HOUSING AUTHORITY AND THE CITY OF CHULA VISTA (Community Development Director) On April 11, 1978, the voters of Chula Vista approved an Article 34 Referendum for 400 units of publicly-o%~ned low-income housing on scattered sites. Subsequently, the Council entered into a Cooperation Agreement and a Memorandum of Understanding (MOU) with the San Diego County Housing Authority to provide 100 of those units under the U.S. Department of Housing and Urban Development's (HUD) Low-rent Public Housing Program. To date, the San Diego County Housing Authority has developed 24 family and 59 senior public housing units in the City. The County Housing Authority has informed the City of the availability of HUD Low-rent Housing Program funds for projects with unit sizes of three bedrooms or more. They wish to submit to HUD an application for construction of a maximum of 40, three bedroom units on scattered sites in the City of Chula Vista. The recommendation was that the Council approve the submission to HUD and the agreement amending the cooperation agreement for public housing. As to the fiscal impact, no funds are requested at this time. If HUD awards funds, the Redevelopment Agency may wish to consider giving assistance to a particular project from the low and moderate income housing fund. That fund has a current balance of approximately $1.3 million. Councilman Malcolm stated that Chula Vista has a sufficient number of low/moderate income housing units; he does not agree to develop more low rent public housing in the City; the money should be diverted to different parts of the City such as the Montgomery/Woodlawn area -to clean up that area and make it a better place for the residents to live. Minutes - 15 - April 7, 1987 Councilman Moore noted that in 1978, the people voted for the measure to put in 400 low/moderate income units. Council discussion followed regarding the number of units built in the City; the number of units in perpetuity; the County Housing Authority having the say as to the location to construct these units; however, the Council can veto that; the number of senior citizen units; discussed with Assistant Community Development Director Gustafson the availability of HUD funds and HUD requirements; $1.3 million is now in reserve with $600,000 coming next year from HUD. Mayor Cox stated that he realizes there is a housing crisis; however, he has an overriding concern to provide family housing for the low/moderate income families, specifically those who are being relocated from mobilehome parks. He feels this is a high priority and urged the Council to set this as a priority before taking on construction of additional units. As to Councilman Malcolm's question, Mr. Gustafson stated that the City paid ~550,000 for the land for the Senior Housing Project on "F" Street plus putting in ~183,000 in contingency funds. It was moved by Councilman Malcolm to file the resolution. The motion died for lack of second. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Moore/McCandliss) to approve the staff recommendations with the following amendment: (Condition ~3) that the County be notified that the funding contributions from the City or the Redevelopment Agency may be withheld due to the City's higher priority in the low income housing. AMENDMENT TO MOTION MSUC (Malcolm/Nader) that the County will have to go through the Design Review Board to meet all design and building criteria including building materials and codes and the "frills":. hand-rails for the handicapped etc. - what is considered mandatory for the private sector. The resolution, as amended, passed and approved with Mayor Cox and Councilman Malcolm voting "no." 16. RESOLUTION REVERTING PARCEL 2 OF PARCEL MAP 5481 TO THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT (Director of Parks & Recreation) Minutes 16 - April 7, 1987 Director of Parks & Recreation Mollinedo reported that the idea of a "Garden of Distinction" at Southwestern College was first discussed during the 1968-69 budget conferences. In 1977, the City and Southwestern Community College District entered into an agreement to develop a Horticultural Garden Park on 19 acres of college property. The Community College District issued a grant deed for the property to the City of Chula Vista. The grant deed contained the stipulation that if the property were not used as a Horticultural Garden Park, the property would revert back to Southwestern Community College. Construction of the Horticulture Garden Park was affected by the lack of monetary resources. In 1976, the City wrote a federal grant proposal to the local Public Works Capital Development and Investment Program for $733,110 to develop the park. However, the proposal was not selected to be funded under the Public Works Employment Act of 1976. At the Council meeting of September 16, 1986, Council received written communication from Mr. Joseph M. Conte, secretary to the Governing Board, requesting reversion of the Horticultural Garden Park Site. Mr. Conte stated that since the time period for its development has long passed, the site appears to be no longer appropriate for such use. Director Mollinedo explained the City has no immediate plans to develop a Horticultural Garden Park; therefore the ownership Of the property should revert to the Community College District as per agreement. The recommendation was that Council revert the real property to Southwestern Community College District and authorize the Mayor to execute the grant deed and that staff investigate the feasibility of alternate sites for a Horticulture Garden. Councilman Nader commented that he Would still like to see this Botanical Garden at the college area indicating it could be an asset to the City and a tourist attraction. If the City concludes it is not feasible or another site is available, then he would support the College recommendation. Mayor Cox stated he, too, is in support of a Botanical Garden; however, an agreement has been made with the College that if the City does not plant the garden within 5 years, the land is reverted back to the College. Mayor Cox suggested that perhaps the Botanical Garden could be located at the Sweetwater Regional Park. MS (Nader/Malcolm) to direct staff to study the feasibility of developing this site as a Botanical Garden and bring back a timely report to the Council including an analysis of suggested alternatives. Minutes - 17 April 7, 1987 Council discussion followed regarding the reality of the agreement with the College; the lack of City money to develop the park in previous years; the reversionary clause in the agreement and not in the deed; whether the City would have any control over the land use of the area if it reverts back to the College; suggestion to send a letter to the College asking whether or not they are still interested in having a Botanical Garden at this location; the College being exempt from City control over what they want to do with that portion of the property; other problems with the College such as use of the pool and tennis courts. Mr. Thornton, representative of Southwestern College, stated that the College Board has no immediate plans for that particular piece of property; however, he envisions having it as additional facilities to the educational facility. SUBSTITUTE MOTION MS (Cox/Moore) to refer this item to staff to contact the Southwestern College Board and ask to further clarify what they want to do with the property, whether or not they are interested in pursuing the Horticultural Garden and include in the letter a copy of the deed. Councilman Nader added that in the event the College would be interested in pursuing the garden, would they have any objection to giving the City 4 to 6 months to develop the garden. The motion carried unanimously. (Mayor Cox left the dais at this time 6:11 p.m.) Councilwoman McCandliss indicated that she will be bringing up under Council Comments a letter to go to the College concerning a problem with the City/College relationship over the swimming pool, problem with the tennis center, and a problem with the children using the soccer field. She wants these problems referred to staff to be addressed with the College. 19. REPORT REGARDING CITIZEN REQUESTS FOR TRAFFIC CONTROLS AT EAST "H" AND AUBURN AVENUE (Director of Public Works/City Engineer) A number of citizens have contacted the City Council and staff expressing their concerns for additional traffic control; i.e., stop signs or a traffic signal on East "H" Street at Auburn Avenue, to help protect school age children as they cross East "H" Street to and from school. This matter has been reviewed by staff and considered by the Safety Commission. The intersection does not meet warrants for a four-way stop or warrants for a traffic signal but is being recommended for flashing yellow beacons. Minutes - 18 April 7, 1987 At their meeting on December 11, 1986, the Safety Commission voted unanimously to recommend the installation of a "yellow flashing beacon" at East "H" Street and Auburn Avenue and concurred with staff to recommend against the installation of a four-way stop and/or a traffic signal at this time. The appropriation of $20,000 from the Traffic Signal Fund will be required for initial construction of the flashers. Annual operating costs for energy and maintenance will be approximately ~1200 and be covered in the Department's operating budget. Deputy Director of Public Works/City Engineer Tom Garibay presented transparencies and slides showing the location and the traffic circulation. He stated there are presently 8,300 cars traveling on East "H" and 1,100 on Auburn. The area is posted for 25 MPH when school is in session. In answer to Councilwoman McCandliss' question as to how the City looks at future intersections "in advance of need" in order to anticipate any problems, Director of Public Works/City Engineer Lippitt noted the staff's studies concerning the various intersections throughout the City and the future CIP signalization projects. As to this particular intersection, he is not sure it will ever meet the warrant system for a traffic signalization. (Mayor Cox returned to the dais - 6:18 p.m.) Director Lippitt noted in his supplemental memo to the Council the option to put in a flashing yellow beacon or a traffic signalization. Council discussion followed regarding the school patrols at this intersection; cost of installing signalization and/or stop signs. Mr. Ernest Arnold, member of the Safety Commission, testified as to the meetings held by the Commission on this item and the action taken. Councilman Moore asked whether any consideration was given to painting a "Be Prepared To Stop" lettering on the road prior to coming to this intersection. Director Lippitt stated it had not been considered but staff could do this. Speaking for a traffic signalization at this intersection were L.M. Madison, Principal, Tiffany School; Judy Swift, 801 Auburn Street; Rowena Bell, 1783 Hampton; Mrs. Michael Opfer, 1973 Duke Street. They noted the preference for a traffic signal rather than a four-way stop; problems with the vision and judgement on the part of school guards; noted the various activities going on in the school at different times during the day; stated the Minutes - 19 - April 7, 1987 flashing yellow sign will not control the speed of the traffic; traffic will increase as more houses are being built in that area; when it becomes a 6-lane road, how will 11 year old school guards be expected to control the traffic; monitored the cars during one school guard patrol from 3:10 to 3:30 p.m. and there were 237 cars traveling this road plus 5 trucks and 3 school buses along with motorcycles. Councilwoman McCandliss commented that her first inclination is to approve a traffic signalization; however she would like to have this looked at along with other signalization requests at budget time. ~S (Malcolm/Moore) to refer this item to staff for a report back on the Capital Improvement Projects for this intersection for a traffic signalization. Councilman Moore remarked that the staff should be directed to look and review all school crossings to see if there are any crossings that would improve the safety aspect. SUBSTITUTE MOTION It was moved by Councilman Nader to authorize at this point the traffic signalization at this intersection. The motion died for lack of second. Councilwoman McCandliss remarked that she would like to see included in the motion authorization for the staff to start the design work for the traffic signalization. Councilman Malcolm stated he would include that in his motion. Councilman Moore agreed to the second. In answer to the City Manager's question, Councilwoman McCandliss stated that the intent is not to hire a person to come in and do the field work but just to have staff start on the design work (in-house). The motion as amended carried unanimously. The Council recessed to Closed Session at 7:25 p.m. to discuss Sierra Club v. Coastal Commission, Sierra v. Marsh, Potential Litigation and also for Redevelopment Agency Closed Session to discuss Sierra Club v. Marsh, Sierra Club v. Coastal Commission et al. and items of potential litigation and also to take a dinner break. The Council reconvened at 8:40 p.m. (at 8:10 p.m. Councilwoman McCandliss left the meeting). Minutes - 20 April 7, 1987 27. REPORT OF THE CITY MANAGER a. City Manager Goss reported on the California Pepper Tree problem. The City has 1300 Pepper Trees and staff is studying ways to control the lice currently affecting these trees. b. City Manager Goss gave a status report on the traffic signalizations in the City. Mayor Cox asked that the City Manager submit that report in writing to the Council. c. City Manager noted the following items for Council Conference on April 30: Library Master Plan, the Social Services Plan and the Town Centre II. There is a request for a workshop to consider the Bayfront Tentative Subdivision Map. Mr. Goss stated that he will contact the Councilmembers as to another date in April for this particular conference. 28. MAYOR'S REPORT None. 29. COUNCIL COMMENTS Councilman Malcolm referred to the Legislative Report. MSUC (Malcolm/Moore) to accept the Legislative Report. Council discussion followed regarding the various bills that affect the City such as Sterling's bill regarding San Diego Bay pollution; the SBA 10 which has to do with the Park Bill and ACA 4 the Utility User's Tax. b. Councilman Malcolm stated that he had requested that the Scripps Memorial Hospital (Bay General) be an item on the agenda. He asked that it be put on for the April 14 meeting. c. Councilman Malcolm again discussed having no Council meetings scheduled during Easter week. MSUC (Malcolm/Cox) to bring back a resolution cancelling the meeting during Easter week beginning next year. ADJOURNMENT AT 8:50 p.m. to the regular meeting of April 14, 1987 at 7 p.m. Jennie M. Fulasz, CMC City Clerk 0937C