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HomeMy WebLinkAboutcc min 1996/05/07MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May 7, 1996 4:10 p.m. Council Chambers Public Services Building CALL TO ORDER I. ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone (arrived at 4:14 p.m.), and Mayor Horton John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: April 16, 1996 (Joint Meeting of the City Council/Redevelopment Agency) and April 23, 1996 (City Council) Councilmember Alevy requested that the minutes of April 16, 1996 reflect that his abstention was due to a potential conflict with his present employer and not a former employer. MSUC (Horton/Alevy) to approve the minutes of April 16, 1996 (Joint Meeting of the City Coundl/Redevelopment Agency) as mended and April 23, 1996 (City Coundl) as presented. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the week of May 1 through May 7, 1996 as "YOUTH WEEK." The proclamation was presented by Mayor Pro Tem Moot to Robert Johnstone, Exalted Ruler of the Chula Vista Elks #2011, and Garry Hummel, Youth Activities Chairman. b. Prodaiming the month of May as "Older Americans Month." The proclamation was presented by Mayor Pro Tem Moot to Ignacio Valdovinos, Vice Chair of the Chula Vista Commission on Aging. Pam Smith, District Manager of the Social Security Administration presented a video on the CARE program. CONSENT CALENDAR (Item pulled: 7) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously with Councilmember Rindone abstaining on Item 14. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no reportable actions taken in Closed Session on 4/23/96. It is recommended that the letter be received and filed. b. Letter of resignation from Marie A. Miehls - Child Care Commission. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. ORDINANCE 2670 AMENDING TITLE 10 OF THE MUNICIPAL CODE (VEHICLES AND TRAffIC) AS REQUIRED TO IMPLEMENT A RECENT CITY COUNCIL POLICY FOR DELEGATING ADDITIONAL AUTHORITY IN IMPLEMENTING TRAFFIC CONTROL MEASURES TO THE CITY ENGINEER WITH THE CONCURRENCE OF THE SAFETY COMMISSION (second reading and adoption) Minutes May 7, 1996 Page 2 On 3/14/95, Council approved a Council Policy granting additional authority to the City Engineer and the Safety Commission on implementing Traffic Regulations. Council direction was for staff to revise the Municipal Code to accommodate implementation of the policy and the procedures established in it. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 18272 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON MARCH 26, 1996, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - The municipal election held on March 26, 1996 has been canvassed certified by the County Registrar of Voters. Before Council is a resolution to confirm and declare the results. Staff recommends approval of the resolution. (City Clerk) Pulled from the Consent Calendar. RESOLUTION 18272 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 8. RESOLUTION 18273 AUTHORIZING THE CITY TO AWARD BID TO EBSCO PUBLISHING FOR A ONE YEAR SUBSCRIPTION TO MASTERFILE 1000 VIA EBSCOHOST - The Library has conducted an evaluation of on-line periodical vendors using an informal bid procedure. A committee recommended Ebsco's Masterfile 1000, at $18,300, over Information Access' product priced at $52,430. Staff recommends approval of the resolution. (Library Director) 9. RESOLUTION 18274 ACCEPTING A TECHNICAL ASSISTANCE GRANT FROM THE CALIFORNIA HEALTHY CITIES PROJECT AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $7,500 TO IMPLEMENT THE CITY'S YOUTH NEWSPAPER PROJECT - On 3/28/96, the Department was informed that its extension application and project proposal to the California Healthy Cities Project had been accepted. The technical assistance grant of $7,500 was approved by the California Healthy Cities Project to fund the City's project for a second year. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/Sth~s vote required. 10. RESOLUTION 18275 APPROVING AGREEMENT FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES WITH KLEINFELDER, INC., AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY - The City's current contract with Law/Crandall Inc. for materials testing services is due to terminate when the authorization limit reaches $400,000. Engineering staff has negotiated a new contract with Kleinfelder Inc., which will terminate 6/30/98 with an authorization limit of $200,000. Staff followed the consultant selection process in Municipal Code Section 2.56.230. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 18276 APPROVING THE AGREEMENT FOR WAIVER OF CITY'S HEARING RIGHTS AND MAKlNG A FINDING THAT CONDITIONS IN AN AGREEMENT FOR FACILITY DEVELOPMENT ON BALDWIN PARCEL BETWEEN THE CITY OF CHULA VISTA AND OTAY WATER DISTRICT HAVE BEEN MET TO THE SATISFACTION OF THE CITY UPON ADOPTION OF WATER MASTER PLAN BY OTAY WATER DISTRICT - In 1992, Otay Water District purchased a 50 acre site for a concrete covered water reservoir. At that time, their standard for sizing the amount of covered water storage was 10 average days. Chula Vista was opposed to 10 days storage under cover due to the high cost and initiated a lawsuit over the purchase which was settled by entering into the subject agreement. Since that time the City and Otay Water District have entered into an agreement to allow Otay to serve the Otay Ranch. Staff recommends approval of the resolution and waiver of the necessity for a public hearing. (Director of Public Works) 12.A. RESOLUTION 18277 APPROVING FINAL MAP OF CHULA VISTA TRACT 95-04, EASTLAKE GREENS, UNIT 22, REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOT GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF Minutes May 7, 1996 Page 3 IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING MAYOR TO EXECUTE SAME On 1/23/96, Council approved the Tentative Subdivision Map for Chula Vista Tract 95-04, EastLake Greens, Unit 22. On 7/18/89, Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. Both resolutions contain conditions of approval applicable to EastLake Greens, Unit 22. The final map for EastLake Greens, Unit 22 is before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18278 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE GREENS, UNIT 22 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NO. 15200 AND 18175 AND AUTHORIZING THE MAYOR TO EXECUTE SAME 13. REPORT CHULA VISTA PUBLIC LIBRARY'S APPLICATION FOR FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT EXPLORING AFRICAN AMERICAN CULTURE GRANT FUNDS FOR FISCAL YEAR 1996/97 - The Chula Vista Public Library has applied for $5,000 in funding under the Federal Library Services and Construction Act, Exploring African American Culture grant to purchase a collection of African American materials which will be housed at the Civic Center/Main Library. Staff recommends Council accept the report and ratify the application. (Library Director) 14. REPORT APPLICATION OF THE CHULA VISTA LITERACY TEAM FOR CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT FAMILIES FOR LITERACY GRANT FUNDS FOR FISCAL YEAR 1996/97 - The Chula Vista Literacy Team has offered family literacy programming for the past five years. The Family Reading Program was developed to break the inter-generational cycle of illiteracy by providing special literacy programming, and a home collection of quality children's books and magazines for each participating family. The program involves partnerships with the South Bay Head Start, Chula Vista Elementary School District's Even Start Program, and the Sweetwater Union High School District. Staff recommends Council accept the report and ratify the application. (Library Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING REVIEWING AND CONSIDERING THE ADOPTION OF THE COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN - The environmental documents for the final draft of the Countywide Summary Plan and the Countywide Siting Element must be approved by the San Diego County Board of Supervisors prior to approval by local jurisdictions. The County Board of Supervisors postponed their approval to the 08/06/96 meeting. Staff recommends Council postpone the public hearing until after the County Board of Supervisors has taken the required action. Continued from the meeting of 4/23/96. (Conservation Coordinator) MSUC (Rindone/Horton) to postpone the public hearing until after the County Board of Supervisors has taken the required action on the item. 16. PUBLIC HEARING PCM-94-04; CONSIDERATION OF A STREET NAME CHANGE FOR THE SEGMENT OF EAST ORANGE AVENUE BETWEEN HUNTE PARKWAY AND WUESTE ROAD - The proposal consists of changing the street name to "Olympic Parkway." This is the first phase of an overall program to rename East Orange Avenue from Interstate 805 to Wueste Road. Future street name change phases will occur as the area along East Orange Avenue is developed. Staff recommends the public hearing be continued to the meetine 0f 5/21/96. (Director of Planning) Continued from the meeting of 4/16/96. MSUC (Horton/Moo0 to continue the public hearing to the meeting of 5/21/96. Minutes May 7, 1996 Page 4 17. PUBLIC HEARING PROPOSAL TO ADOPT AN EXEMPTION POLICY IN THE "EASTERN AREA DEVELOPMENT IMPACT FEE FOR STREETS" AND THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE AND TO MODIFY THE FEE RATE SCHEDULE FOR THE "EASTERN AREA DEVELOPMENT IMPACT FEE FOR STREETS" - Currently the TransDIF program does not consider the land use category "Community Purpose Facility" (CPF). Staff proposes to correct this inconsistency by adoption of an exemption policy for types of development consistent with the CPF land use, and exempting development projects of this class from the TransDIF. If appruved, refunds or reimbursement of certain fee payments previously made by Community Purpose Facility Projects would be made. Staff recommends Council place the Ordinance on first reading and approve the resolution. (Director of Public Works) A. ORDINANCE 2671 MODIFYING THE FEE RATE SCHEDULE OF THE "EASTERN AREA DEVELOPMENT IMPACT FEE FOR STREETS" (first reading) B. RESOLUTION 18279 APPROVING AN EXEMPTION POLICY IN THE "EASTERN AREA DEVELOPMENT IMPACT FEE FOR STREETS" AND THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE" AND APPROVING REFUND OR REIMBURSEMENT OF TRANSPORTATION DEVELOPMENT IMPACT FEES TO CERTAIN "EXEMPT FACILITIES" John Lippitt, Director of Public Works, stated a revised resolution had been placed on the dais. The revision was in reference to the EastLake Community Church which had not paid a fee, but was in an assessment district. This being the time and place as advertised, the public hearing was declared open. · Rick Johnson, 391 Bay Leaf Drive, Chula Vista, CA, Pastor of Risen Savior Lutheran Church, stated he was a member of the original task force and was pleased to see that it had come to fruition. He felt Council's action would be the final step. Councilmember Rindone noted that the proposal was not a waiver of fees but a policy statement. · Paul Catanzaro, 372 Camino Elevado, Bonita, CA, representing Bonita Country Day School, stated that any savings that went to the non-profit charitable organizations would be put into services for the community. He felt it was a far reaching step that would bring charitable services into the community. There being no further testimony, the public heating was declared closed. Councilmember Moot questioned how the numbers were arrived at for the institution receiving DIF credit. Mr. Lippitt responded that it was the church in the EastLake commercial area. An assessment district had been created on the EastLake Commercial Village. When they purchased the property they assumed the assessment. To make it equitable, the city would reimburse them out of the DIF program, i.e. the fee for a religious institution, and EastLake Development Company would purchase the remainder of the credits and would be able to use those for future development. It was a lien on the property that had been paid since the assessment was created. EastLake presently owned the property and was paying the assessment on an annual basis. Councilmember Aievy questioned what would happen if there was a change in the usage that was not exempt. Mr. Lippitt replied that they would lose the exemption. Staff would become aware of that if the organization did any remodeling. The program was mainly for large projects that owned their property and developed it primarily for an exempt use. He felt a process needed to be worked out so that if a new owner did not need to obtain a permit staff would still be aware of the change in usage. Councilmember Alevy felt there should be a flagging system. Councilmember Rindone stated he concurred with Councilmember Alevy's comments and requested a follow-up memo on how that flagging system would operate. It was essential that there was a validation of the process and that the institutions met all of the criteria in the policy. Minutes May 7, 1996 Page 5 Councilmember Padilia questioned if rental projects of appropriate use would be applicable. Mr. Lippitt responded they were not eligible. Councilmember Padilia questioned if the refunds would apply to any projects in the future. He further questioned if anyone could return and try to get a refund for a project that had been done prior to the policy. Mr. Lippitt replied that in the future they would not be charged. Staff was not aware of any other projects that would fit into that category, but there could be a church or organization that purchased property in an assessment district that would require a refund. Councilmember Rindone questioned how a property would be handled that was an investment property owned by a non-profit institution. Mr. Lippitt stated the exemption was not automatic, they would have to go through the process. It was not staffs intent to approve an investment for-profit. Councilmember Moot questioned if the city had the ability in the enabling legislation to address the situation of a non-profit selling to a for-profit, i.e. to go back legally and collect the fee. Mr. Boogaard stated the ordinance would have to be reviewed. If the city did not have that ability, staff would return to Council in the future. Staff tried to address the risk by requiring that it be a single purpose facility that did not easily lend itself to some other commercial usage. ORDINANCE 2671 PLACED ON FlRST READING AND RESOLUTION 18279 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Staff to review both the ordinance and resolution to ensure that they had a mechanism for either a sale or exchange of properties which would trigger the elimination of the exemption policy. Approved unanimously. * * * Council recessed at 4:54 p.m. and reconvened at 5:05 p.m. * * * 18. PUBLIC HEARING TO CONSIDER FISCAL YEAR 1996/97 DRAFT ANNUAL ACTION PLAN AND CONSIDER PUBLIC COMMENT AND TESTIMONY REGARDING THE PLAN; AND HOUSING AND COMMUNITY DEVELOPMENT NEEDS FOR FISCAL YEAR 1996/97 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, CAPITAL IMPROVEMENTS, COMMUNITY DEVELOPMENT, AND ADMINISTRATION AND PLANNING - The Annual Action Plan is a document that identifies a jurisdiction's overall housing and community development needs and outlines a one year action plan for the expenditure of all Federal HUD resources. No staff recommendations are being made at this time, and Council is not expected to take any action other than to give direction. Staff recommends Council accept public comments and direct staff to return on 5/28/96 with a final draft of the Annual Action Plan and CDBG funding recommendations. (Director of Community Development) Councilmember Rindone requested that the City Attorney clarify his participation on Item No. 1 - CV Youth Services Network. The collaborative proposal consisted of 7-8 agencies, one of which was the Sweetwater Union High School District. Mr. Boogaard stated that income from another public agency was not a source of income for conflict of interest purposes under the Political Reform Act. Technically, Councilmember Rindone did not have a conflict, but did have a right to abstain if he felt it appropriate to do so. Juan Arroyo, Housing Coordinator, stated staff would return on 5/28/96 with recommendations. The city encouraged agencies to submit collaborative proposals in an effort to promote a higher degree of cooperation and coordination amongst agencies and to reduce duplication of services. Staff expected the collaborative trend to continue in the future. Minutes May 7, 1996 Page 6 1. Chula Vista Youth Services Network - Kathie Lembo, Director of South Bay Community Services, 315 Fourth Avenue, Chula Vista, CA, stated they submitted a collaborative proposal (consisting of seven agencies) and she did not believe that the Committee understood that the agencies could work together regarding the disbursal of the funds. South Bay Community Services would donate all of the administration time. She requested increased funding over the Ad Hoc Committee recommendation. Tina Williams, Executive Director, South Bay YMCA, reviewed the services that would be provided through the collaborative. 2. MAAC Project - Nosotros - Warren Stewart, MAAC Project, 73 North Second Avenue, Chula Vista, CA, and Dominic DeLaRosa, student at EastLake High School reviewed their proposal and requested funding. 3. San Diego County/SER - no representative present. 4. San Diego Workforce Partnership - John David Gonzales, 1551 Fourth Avenue, Suite 600, San Diego, CA, Campaign Coordinator for the 1996 Hire-A-Youth Summer Interns Program; John Paul Quinones, 6805 Rolando Knolls, La Mesa, CA, Employment Involvement Representative for the 1996 Hire-A-Youth Program for South County; and Don Hickey, School to Career, 1111 Bay Boulevard, Chula Vista, CA, stated they were a collaborative proposal and requested funding. Councilmember Rindone stated if the Council accepted the recommendation of the Ad Hoc Committee it would only fund approximately four positions. Mr. Gonzales responded that was correct, the city previously had 39 internships. They hoped the city would be able to find money within their budget to fund the additional 29 internships. 5. Southwestern College - Ann Hallahan, 1111 Bay Boulevard, Chula Vista, CA, South County Career Center and Steve Olsen, 1045 Tierra Del Ray, Chula Vista, CA, Employment Development Department, stated they were a collaborative proposal and Southwestern College had volunteered to be the fiscal agent. 6. Jobs for Youth - Nora Sears, 1142 Nolan Avenue, Chula Vista, CA, requested funding. 7. Senior Adult Services - Meals on Wheels - Jim Richards, 2437 Morena Boulevard, San Diego, CA, requested funding. 8. Adult Protective Services, Inc. - Nancy Hitchcock, 658 Moss Street, Chula Vista, CA, Program Manager for Southbay Adult Day Health Care Center, requested funding. 9. G. Glenner Alzheimers Center - Colleen Brennan, 280 Saylor Drive, Chula Vista, CA, Manager, requested funding. 10. Lutheran Social Services - Shared Housing - Raymond Fellers, 3101 Fourth Avenue, San Diego, CA, requested funding. 11. Access Center of San Diego - Veronica Baker, 1295 University Avenue #10, San Diego, CA, staff member and Saul Goldstein, 976 Barrett Avenue, Chula Vista, CA, parent of a physically challenged son, requested funding. * * * Council met in Closed Session at 6:01 p.m. and reconvened at 6:58 p.m. * * * 12. Family Violence Prevention Coalition - Kathie Lembo, 315 Fourth Avenue, Chula Vista, CA, Director of South Bay Community Services, stated they were a collaborative proposal and requested funding. South Bay Community Services would provide administration and fiscal oversight. She expressed her concern that the Ad Hoc Committee did not understand the collaborative proposals. 13. AIDS Foundation - no representative present. 14. Episcopal Community Services - Health Education - Dr. Hank Foley, 3565 Seventh Avenue, San Diego, CA, requested funding. The funding would be the match for a California Wellness grant. Minutes May 7, 1996 Page 7 Councilmember Alevy questioned if the facility in Otay was a permanent facility. Dr. Foley responded that the facility was on Third Avenue and had been in the community for almost 20 years. It was the only facility of it's type in that area of Chula Vista and served 11,000 patients with 17,000 contacts. It was a full ambulatory care clinic and patients were charged on a sliding fee basis. 15. Chula Vista Police COPS - Chris Salomone, Director of Community Development informed Council that the Chief of Police was unable to attend the meeting. If Council had questions he would relay them to the Chief. Councilmember Rindone questioned how the recommended amount of $80,000 was determined. 16. San Diego Home Loan Counseling - no representative present. 17. Woodlawn Park Civic League - no representative present. 18. Lutheran Social Services - Project Hand - Raymond Fellers, 3101 Fourth Avenue, San Diego, CA, stated they were a co!laborative proposal and requested funding. Councilmember Rindone stated their application indicated they provided emergency assistance and requested clarification of the program. Mr. Fellers stated if someene did not have any food they provided groceries, if a family did not have a place to stay at night they would provide a place, etc. They worked very closely with the Interfaith Shelter Network. 19. Chula Vista Public Library - Literacy - Bob Ferris, 826 David Drive, Chula Vista, CA, volunteer tutor for the Chula Vista Literacy Team and Jaime Cordero, student with the Chula Vista Literacy Program, requested funding. 20. McAlister Institute - Video Library - Tori Barr, 251 Palomar Street, Chula Vista, CA, Program Manager, requested funding. 21. South Bay Community Services - Thursday's Meal - Kathie Lembo, 315 Fourth Avenue, Chula Vista, CA, Director of South Bay Community Services, stated they only provided fiscal services for Thursday's Meals. 22. City of Chula Vista Therapeutics - no representative present. 23. County of San Diego - Barrier Removal Survey - no representative present. 24. Southbay Community Services/South Bay YMCA - Teen Center Club - Tina Williams, Executive Director, Southbay Family YMCA and Kathie Lembo, 315 Fourth Avenue, Chula Vista, CA, Director of South Bay Community Services, stated they were a collaberative proposal and requested funding. 25. Chula Vista Cluster Coord. Council - no representative present. 26. Boys & Girls Club of Chula Vista - no representative present. 27. Episcopal Community Services - Health Center - Dr. Hank Foley, 3565 Seventh Avenue, San Diego, CA, Director, requested funding. 28. Eastern Aquatic Complex - no representative present. 29. ADA Modifications - Street Improvements - no representative present. 30. ADA Curb Cuts - Street lmprovements - no representative present. 31. Otay Park Gym - no representative present. Minutes May 7, 1996 Page 8 32. Parkway Complex - Renovation - no representative present. B. Lutheran Social Services - Caring Neighbors - Raymond Fellers, 3101 Fourth Avenue, San Diego, CA, requested funding. E. Labor's Community Service Agency - Home Security - Charles Espinosa, 426 Fairmount Avenue, San Diego, CA, Program Coordinator, requested funding. Councilmember Alevy stated the request was for $150,000 to serve 350 people and questioned what it would provide. Mr. Espinosa responded that they would provide security screen doors, locks, and installation by a licensed/bonded/insured contractor. A full breakdown was included in the proposal. They were expanding in San Diego and hoped to expand to Chula Vista. G. Fair Housing Council - Mary Scott Knoll, 625 Broadway #1114, San Diego, CA, Executive Director of the Fair Housing Council of San Diego, requested funding. I. MAAC Project - Lead Based Paint - Gilbert Gil, 22 West 351h Street, National City, CA, requested funding. J. United Way - Homeless Task Force - Frank Landerville, 3989 Ruffin Road, San Diego, CA, Director of the Regional Task Force on Homeless, requested funding. There being no further public testimony, the public heating was declared closed. Councilmember Alevy stated it was heart warming to see the work being done within the community. He felt the most important thing was to serve the people in the community, therefore, he felt those organizations based in Chula Vista, had boards of directors from Chula Vista, and served Chula Vista should receive priority. Mayor Horton stated the city had solicited the youth serving agencies to try to work in partnership and they formed a collaborative organization. She did not want to see them penalized for following Council direction. Youth services had many benefits to the community including crime prevention. She requested that staff look at funding the full $120,000 requested. She also recommended that Item No. 12 be fully funded. Council would have to make tough decisions, but she hoped that staff would look to the agencies that served Chula Vista citizens as the highest priority. Councilmember Rindone stated he supported the Mayor's comments. He felt the information provided by staff regarding previous years funding was helpful. He requested that staff consider proposals that would not become dependent upon funding because one of the goals was to promote alternative funding. If the Council expected collaboratives to be formed and continue in future years they should not be penalized. He expressed his concern that the Ad Hoc Committee did not have the knowledge regarding the training services that would be provided by Item No. 5 and the far reaching affects it would have on youth. He hoped staff would review that request. Meals- On-Wheels was also an extremely important program. He felt Council also had to continue funding the state's number one literacy program. Mayor Horton agreed that Council should support all the Ad Hoc Committee's recommendations for low income senior programs. She also supported the Ad Hoc Committee recommendation of $80,000 for the COPS program. Councilmember Padilia felt the collaborative efforts could best decide where there were overlapping services and where better fiscal administration could be realized. He questioned if the collaberative efforts could be totaled or if only Item No. 1 was collaborative. Ms. Lembo stated she could only address the Youth Services Collaborative and the Family Violence Collaborative. Those two were brought together specifically at the direction of Council last year. They involved different agencies along with Southbay Community Services. Minutes May 7, 1996 Page 9 Councilmember Padilia noted that the Ad Hoc Committee had recommended only 50 % of the requested funding for the two collaberatives. Ms. Lembe stated the requests for the two collaboratives were only 3-4% above what the individual organizations had received last year. She felt the collaboratives were almost being punished for getting together. From some of the comments received, she felt the Ad Hoc Committee did not know all the organizations in the two collaboratives and their ability to work together. Ms. Williams stated the two collaboratives involved an actual sharing of funds where they would meet on a quarterly basis to disburse the funds among the organizations in the collaborative. Councilmember Padilia felt it was important to understand why Council had given the direction for collaboratives. Allowing the different agencies to collaborate on applications helped to implement the Council's policy to ensure that organizations active within the community were given primary consideration. He requested that staff review the request for the Southwestern College Career Center. Councilmember Moot felt collaborations were the direction the Council wanted to go and would give the best efficiencies for the dollars. He encouraged the senior groups, health care groups, and job development groups to get together also. Councilmember Rindone suggested that when the item was brought back on 5/28/96 that it be made time certain. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 19. RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT WITH JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT ON CITY-OWNED PROPERTY - On 11/15/94, Council directed staff to return with a new exclusive negotiating agreement with Joelen Enterprises to develop the proposed hotel located on the 4400 block of Bonita Road adjacent to the Chula Vista Municipal Golf Course. Staff recommends approval of the resolution. (Director of Community Development) Continued from the meeting of 4/23/96. David Gustarson, Deputy Director of Community Development, reviewed the prior direction by Cotmcil regarding the exclusive negotiating agreement. The staff report identified three clauses in the agreement that staff, the City Attorney, and Joelen had been unable to agree upon. The three components were: 1) the declaration in the agreement of it's exclusive nature; 2) a walk-away provision for either party if it was demonstrated that the project was not feasible; and 3) a walk-away provision for the city if it was determined that there would be an erosion of the benefit from Transient Occupancy Tax from the project. Staff recotrmaended that Council approve the agreement based on the understanding that all of the business terms not agreed to by the action would be among the issues that would be negotiated during the negotiating period. Josef Citron, 765 Bangor Street, San Diego, CA, Joelen Enterprises, gave a slide presentation of the proposed project. Councilmember Rindone stated he was frequently asked about the jogging trail and requested comments regarding the enhancement of the trail. Minutes May 7, 1996 Page 10 Mr. Citron responded that the jogging trail was part of their plans and it would have to be worked out with the city. If desirable a Swedish type trail could be installed with stations. · Bob Strahl, 328 Crestview Drive, Bonita, CA, felt it would be difficult to obtain financing unless there was a commitment from the city to set aside tee times. If a block of time was given to the hotel it would exclude the public and would no longer be a municipal golf course. · Mike Bailey, 536 Linda Lane, Chula Vista, CA, President of the Chula Vista Men's Golf Club, stated their major concern was the trade-off of the public golf course for a hotel. · Kevin Kidd, 5540 Kiowa Drive, Bonita, CA, member of the Sweetwater Planning Group, stated their concern was the loss of character in the area. The jogging trail was the third largest used recreational facility in the county. They were also concerned with the additional traffic generated by a hotel. He requested that Council solicit their input. · George Kost, 3609 Belle Bonnie Brae Road, Bonita, CA, representing the Sweetwater Valley Civic Association, stated their objective was the health and general welfare of people and recommended that the land in question be made part of the park. He stated the present left turn from the park was already dangerous and expressed concern with increased traffic and buses. He further expressed concern with the lack of overflow parking and taking part of the golf course in order to make improvements to the jogging/pedestrian/equestrian trail. He questioned the ability of the hotel to compete with hotels in San Diego, whether the funding was available, and if the project would be built in phases. He requested that a long range plan be developed. · Richard Pena, 5153 Sunnyside Drive, Bonita, CA, stated the city would be forfeiting a valuable piece of property that should be utilized for the public good and not a commercial structure. The use of the golf course by the hotel would destroy the concept of a municipal golf course. · John Willett, submitted a letter from Leonard Moore, 182 El Capitan Drive, Chula Vista, CA. He supported the project but expressed concern with the two proposed clauses in the Exclusive Negotiating Agreement, i.e. 1) "City's Right to Receive Other Proposals" and 2) "City's Walk Away Right Due to Project Infeasibility.' He felt such language was detrimental to lending terms and encouraged Council to remove them from the agreement. · Rod Davis, 233 Forth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce and Chula Vista Motel Association, stated the land by the golf course was a valuable asset to the city and it was up to the Council to use it in a way that would benefit the entire city. The Motel Association and the Chamber urged Council to approve such a beautiful addition to Bonita. He noted the counter proposal for a strip mall and stated he spoke to several of the stores that were listed and had been told that they would not be locating in the city in the immediate future. There would also be $2.5 million of improvements to the golf course, and there were guarantees that there would be free parking for the community, public access, and ample tee times. · Joann Clayton, 760 Fifth Avenue, Chula Vista, CA, President, Broadway Business Association, stated the business community needed a place where they could have meetings, conferences, and conventions. They also needed a place for the community to have public meetings, proms, etc. · Tris Hubbard, 313 Windjammer Circle, Chula Vista, CA, Chula Vista Men's Golf Club, gave a slide presentation of the usage on the trail, parking lot, and overflow lot. He was not opposed to the hotel, but felt there had to be a better location. According to the schematic the trail went down the first fairway and he did not know how that would be resolved. He expressed his concern with the loss of public parking and overflow parking, escalating golf fees, and available tee times. · Dwayne N. Severn, 2957 Pettigo Drive, San Diego, CA, Bonita Valley Horsemen, noted the lack of jogging/big/equestrian trails within the city. The trail needed to be kept open and there needed to be adequate parking. He expressed his concern with the dangerous situation of turning left onto Bonita Road from the golf course. Minutes May 7, 1996 Page 11 · Patty Davis, 1375 #17 Callejon Montefrio, Chula Vista, CA, stated the Council needed to decide on the highest and best use of the land for all of the city. The hotel would result in TOT and sales taxes and provide meetings rooms and banquet facilities. · Rev. Jerry Hanoum, 2019 Chardounay, Chula Vista, CA, Bonita Valley Christian Center, stated he supported the project because it would raise property values, enhance livelihood, increase revenues, and employment. Council could put any addendum on the project as to how the golfers were handled. The golfers should have privileges, but at the same time, the needs of families needed to addressed. Councilmember Alevy felt the community needed a place for free dining, meeting rooms, and a quality upscale hotel, but felt there were problems with the agreement. The first issue was the Keyser Marston Assoc., Inc., findings and he requested further information from staff. The city had a long term lease agreement with American Golf and they had not made a commitment to the project. They were a for profit organization and the money for the improvements to the course would have to come from green fees. Therefore, he was not convinced that there would not be a substantial increase in green fees. With the request for 1,500 tee times/month he felt it would be difficult to get on the course. He did not feel it was right to take away a recreational facility in a city that was already below the threshold in parkland and recreational facilities. He expressed further concern about golfers paying to park, a golf resort being built several miles away, thejogging/pedestrian/equestrian trail users, concerns expressed by citizens and groups, and how it would work with the county, water district, and Corps of Engineers regarding the problem west of Willow Street. The city should not subsidize a commercial project. He felt 5 months to obtain an MOU between the developer and American Golf was too long and recommended 90 days. He was not comfortable that it was the right project for that property. Lenore Citron, 765 Bangor Street, San Diego, CA, Joelen Enterprises, informed Council that residents would not be charged parking fees for the golf course. She spoke to Tom Frost, American Golf, and had been told that between the Chula Vista golf course and the EastLake golf course there was no problem with tee times. American Golf was presently handling approximately 93,000 golf starts and they could handle up to 116,000. They had tried numerous times to meet with Tom Frost and had been unable to do so. Their intent was to work with the city and the community. Councilmember Padilla stated the Council was not being asked to make any decisions regarding a hotel. They were to decide as to whether they wanted to enter into an exclusive negotiating agreement for the purposes of evaluating different economic, landuse, recreational, community, and aesthetic uses. If he supported the exclusive negotiating agreement it did not mean that he was committing to any project. Council was dealing with a concept only and if a project was brought back to Council the community would have an opportunity to voice their concerns. He would not support a project that reduced access to the golf course, eliminated trails, or raised fees, but the community needed the facilities that the hotel could offer. He felt the issue was to be fair. He questioned the language regarding the impasse section and specific method for resolution of impasse. Mr. Gustafson responded that staff was comfortable with the language, but did not feel that there was a definitive declaration from the Citron's as to whether they were. · William O'Brien, Jr., Attorney at Law, 1330 Orange Avenue, Suite 300, Coronado, CA, stated the issue was still under negotiation with Council. At the present time he did not want to see Mr. Citron have to accept or reject the language. Mr. Gustafson clarified that there was a clause that provided termination due to infeasibility and Mr. Citron had objected to that. Staff proposed compromise language that did not require that clause, but in lieu required the language regarding impasse which would allow either party to present the last and best offer to the other party for DDA terms, give them 30 days to accept those terms, and declare them was a determination due to the inability to reach an agreement. Mr. Citron questioned the time limit. He supported the 150 days at which time the feasibility study could be generated while they worked with American Golf. If it was determined that the project was feasible he did not think that they could accept the city retaining the right and at some later date change their minds. Minutes May 7, 1996 Page 12 Councilmember Padilla stated it was his understanding that there were several areas that had not been agreed to and that it was Council's responsibility to make those decisions. He questioned if all parties agreed that the "City's Walk-away Right Due to Adverse TOT Law Change should be removed. Mr. Boogaard stated it was his office's recommendation that the proposed clause would replace the need to have a Walk-Away Right for TOT Adverse Law Changes. Councilmember Padilia stated he did not feel the right to receive other proposals was needed. He would be more comfortable in doing that if there was direction on the impasse section regarding the infeasibility clause. Mr. Boogaard recommended that the city have some way of communicating a new and different offer because it put staff in a very conflicting position where they had information Council would probably consider relevant, but by communicating that information they would be violating the agreement. To avoid that he created a proposed structure of communicating information at a public hearing in the presence of Mr. Citron. If it was not done, staff would be withholding information from the Council. Mr. Goss did not feel that other offers needed to be covered in the agreement. If written communications were received it would be a public document and needed to go to Council. He did not see anything that would prevent that from occurring. There was no proposal to hide anything from the Council or public. Mr. Citron responded that they agreed with that. They felt by including it in the agreement it was putting it on the public record that the Council was looking for something. Mayor Horton stated she did not have a problem in leaving it out of the agreement. Councilmember Padilla agreed and Mr. Citron was on the record stating that he was not opposed to free and open communication with Council regarding other proposals. He requested clarification of the provision regarding the determination of infeasibility (page 19-12 center of the page). Mr. Boogaard stated the clause replaced the first clause that gave the right to walk-away from the contract if the city made a determination during the negotiating period that the project was infeasible. Feasibility would no longer be a requirement with the clause. If after negotiating in good faith the city did not feel they could reach terms, the city would make a 30 day last, best, and final offer and get out. Mr. Citron questioned if that ran for the one year period. Mr. Boogaard replied that it would be any time during that one year period. Mr. Citron felt that was a definite problem. They were in the process of arranging financing for the project and with the clause he did not feel they would be able to obtain the financing. If the clause was limited they could prove the feasibility and then move forward with the project. Mr. Boogaard stated the city needed an out after the last, best, and final offer had been made. Mayor Horton stated Council understood that, but if the project was totally infeasible the developor would not go forward. Feasibility was an educated guess, but the person responsible for the development would have to make the decision. Mr. Citron stated their proposal at the present time was based on their purchasing the property. They were considering a bond issue in the fifth year of operation of the hotel, once it had reached stabilized occupancy and was profitable. Mr. Goss stated the feasibility study of the project plus determining the economic impacts upon the city would take approximately six months into the one year process. The developer would pay the city to hire a consultant and, if it was infeasible to the city financially, it would be infeasible. The city would have dialogue with the consultant. Minutes May 7, 1996 Page 13 Councilmember Padilia stated he was prepared to go forward with the agreement. The Council needed to give the idea an opportunity to survive, grow, and take shape. Councilmember Rindone stated he had been through the process several times and it had been determined that the best use for the land, if it proved feasible, was the hotel project. The project would bring numerous benefits to the city. One of the key concerns was the golf course and it needed to stay in good playable condition and be competitive. Added incentives were the improvements that would be made to the course. Council needed to move forward and allow the option to be explored. He was originally concerned with the length of the agreement, but the applicant was a quality developer and there would be finality to the issue one way or the other. Council would be looking at budget cuts and the city needed to produce new revenues along with amenities and benefits. He felt it was just as beneficial to American Golf to see the project succeed as it was the applicant. He did not support the restrictive provisions in the agreement (page 19-11). The risks had been explained to the Council and it was up to them to make the determination as to whether they were acceptable. He did not believe the developer would be able to obtain financing with the two provisions. Councilmember Moot felt the serious public policy issue was whether the city could preserve a municipal golf course and keep the jogging trails and public access; and whether it would be compatible with the project. He was not concerned with walk-away provisions and other proposals because no one wanted a strip mall. It would either be a hotel compatible with the park or an addition to the park. He wanted to see facts an figures, solid discussions with American Golf regarding tee times, and have the applicant prove that they would preserve the municipal golf course, that there would be free parking, and that it would not impact the citizens right to utilize the area. If they could do that they would get his support. He did not feel that Council should tie them up with conditions, they should be allowed to make their case. RESOLUTION 18252 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Councilmember Rindone stated it was his understanding that the two clauses were not in the resolution. Mr. Boogaard responded that they were included in the resolution so the agreement would have to be amended. He understood Council wanted the two phrases removed and it appeared that Council wanted the entire elimination of the clause on page 13-24, "Termination Due to Impasse." That would give the city no right to terminate during the 12 month agreement. Councilmember Moot stated if after 150 days they could not prove the feasibility of the project it was his understanding that it was over at that time. He questioned why it would need to be included in the agreement. Councilmember Rindone stated Councilmember Moot was correct, if it was not going to move forward after the 150th day the city would know that and could move forward with another proposal. CLARIFICATION OF MOTION: (Rindone) Resolution 18252 as presented by staff with the exclusion of Conditions No. 1 and No. 2 as described on page 19-11: 1) "City's Right to Receive Other Proposals"; and 2) "City's Walk-Away Right Due to Project Infeasibility." Mr. Boogaard stated the underlined language, page 9 of the agreement, IV. Exclusive Nature of Agreement would be deleted; the underlined language, page 10 of the agreement, Paral~raph A should be deleted. It was also his understanding that Council wanted the entire Paraeraph A. Termination Due to Impasse removed also. Councilmember Rindone stated that was his intent. Mayor Horton stated that in 1991 when she was first appointed she had voted against the project. At that time it was her feeling that the project would not be built within the outlined time frame as it would not be economically feasible during those economic times. The project had been approved by a previous Council, a lot of money had been put into the project, and she did not feel comfortable not allowing it to move forward to see if it could become a project acceptable to the community and Council. Council had many concerns, the highest being that the golf course remain open to the citizens and remain at prices they could afford. She would not consider allowing American Golf to be in charge of fee setting. The issues regarding the design of the structure, traffic, access, parking, etc. would be addressed. Minutes May 7, 1996 Page 14 VOTE ON RESOLUTION 18252: approved 4-1 with Alevy opposed. Mr. Citron stated they intended to address all of the items addressed at the meeting and felt they could do that within the time frame stated. He requested that Council direct staff to work with American Golf as they had been told that the course definitely needed work in order to be maintained at the present level. MS (Moot/Padilla) to have staff return within 90 days with a comprehensive tentative proposal on how they would deal with preserving the municipal golf course, keeping fees at a level the citizens could afford, where people utilizing the trail would park, and how that issue would be handled. Councilmember Alevy encouraged staff to work with the Citron's regarding a public meeting at the golf course in order to educate the citizens. VOTE ON MOTION: approved unanimonsly. 20.A. REPORT PROPOSED CHANGES lN THE CALIFORNIA VEHICLE CODE REGARDING SPEED LIMIT CHANGES AND RECENT LEGISLATION -The report is in response to recent Council action on increasing the posted speed limit on East "J" Street from 30 mph to 35 mph. The purpose of the report is to inform Council of the progress and history regarding legislation which allows local agencies more freedom in establishing speed limits. Staff recommends Council accept the report and proceed with current practices regarding the establishment of local speed limits until such time as legislation currently being pursued is enacted. (Director of Public Works) B. ORDINANCE 2667 AMENDING SCHEDULE IX, SECTION 10.48.030 OF THE MUNICIPAL CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS FROM 30 M.P.H. AND ESTABLISHING A SPEED LIMIT OF 35 M.P.H. ON HILLTOP DRIVE FROM EAST RIENSTRA STREET TO ORANGE AVENUE (second reading and adoption) - Based on provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Municipal Code Section 10.48.030, staff has determined that based on a traffic and engineering study, the speed limit on Hilltop Drive between East Rienstra Street and Orange Avenue be increased from 30 m.p.h. to 35 m.p.h. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Continued from the meeting of 3/26/96. Councilmember Alevy stated he still had a problem in raising speed limits in residential areas and that it was a problem with the state law. He supported efforts to add a new prima facie speed limit for residential collector streets and to instruct staff to pursue other legislation which would allow the Council to be more proactive in responding to residents concerns over speeding. Councilmember Rindone felt all the Council was opposed to raising speed limits in residential areas, but the Council was bound by regulations in order to enforce speed laws. A vote to support the staff recommendation was not trying to raise speed limits in residential sections, but trying to meet the conditions that would provide the legal enforceability of the posted speed limits until legislation could be changed. ORDINANCE 2667 PLACED ON SECOND READING AND ADOPTION BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved unanimously. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 7. The minutes will reflect the published agenda order. OTHER BUSINESS 21. CITY MANAGER'S REPORT{S) a. Scheduling of meetings. Mr. Goss stated the following dates had been set aside for budget meetings: 1) Wednesday, 5/29/96, 6:00 p.m.; 2) Monday, 6/10/96, 6:00 p.m.; and 3) Wednesday, 6/12/96, 6:15 p.m. Staff suggested 5/28/96 or 6/4/96 if time was available. Minutes May 7, 1996 Page 15 Councilmember Rindone endorsed a light agenda on 5/28/96 in order to begin the budget process. b. Mr. Goss informed Council that Don Bauder, Senior Editor for the Union/Tribune Business Section, had published an article on the Chula Vista region. 22. MAYOR'S REPORT(S) a. Discussion of selection criteria for Annual Civic Recognition Awards and suggestion for the creation of a subcommittee to review nominations. Mayor Horton recommended that an ad hoc committee be created to develop criteria for designees and return to Council in 1-2 weeks. She felt the committee should include the Mayor and the designee on the Beautification Awards Committee. MSUC (Rindone/Horton) to create an ad hoe committee to devdop a selection criteria for the annual Civic Recognition Awards; committee to consist of the Mayor and Council designee on the Beautification Awards Committee. b. Current City Council Committee assignments. Continued from the meeting of 4/23/96. Mayor Horton felt committee assignments should be reviewed on a yearly basis. Councilmember Rindone had volunteered to serve on the University Subcommittee and a second alternate needed to be appointed to SANDAG. Councilmember Padilia recommended a policy that the Mayor Pro Tem be the second alternate to SANDAG. He was also interested in the University Subcommittee. Councilmember Moot suggested that committee assignments rotate in order to get different members of the Council involved in things they were not currently involved in. Mayor Horton stated two members were on the Interagency Water Task Force and she had been under the impression that one member was an alternate, but that was not the case. The Task Force requested that Council select an alternate. She did not feel two representatives were needed, but one representative and one alternate. Councilmember Padilia stated he would support the Mayor's recommendation. Councilmember Rindone recommended that the Legislative Committee consist of the Mayor and Mayor Pro Tem. Mayor Hotton stated she was concerned with the noticing requirements if two councilmembers were on the committee. Councilmember Rindone stated if the noticing requirements were a problem he would recommend that the Mayor Pro Tem be an alternate. Mr. Goss requested clarification as to whether the Legislative Committee would be expanded from 1-2 members of the Council or I member and an alternate. Mayor Horton responded that it was 1 and an alternate. 23. COUNCIL COMMENTS Councilmember Padilla · Councilmember Padilia stated Mr. Zakkout Adnan, one of the major investors on the Bayfront, indicated that he would appreciate the Council setting a time for a workshop or calendared agenda item on the Bayfront and the Council's vision. It was the consensus of the Council that it should wait until after the budget sessions, i.e. July or August. Minutes May 7, 1996 Page 16 ADJOURNMENT ADJOURNMENT AT 10:42 P.NI. to the Regular City Council Meeting on May 14, 1996 at 6:00 p.m. in the City Council Chambers. The Redevelopment Agency meeting convened at 4:54 p.m., recessed at 5:05 p.m., met in Closed Session at 10:46 p.m. and reconvened at 10:53 p.m. CLOSED SESSION Council met in Closed Session at 6:01p.m., and reconvened at 6:58 p.m. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Anticipated litigation pursuant to Government Code Section 54956.9 · Tiger Development Two/Baldwin - motion for relief from stay. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. by: Respectfully submitted, Vicki C. Soderqmst, CMC, De~City Clerk