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HomeMy WebLinkAboutcc min 1990/05/01 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, May 1, 1990 Council Chambers 4:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Malcolm, McCandliss, Moore, and Mayor Cox ABSENT: Councilman Nader ALSO PRESENT: John D. Goss, City Manager; Ruth M. Ffitsch, Acting City Attorney; and Beverly A. Authelet, City Clerk. 2. PLEDGE OF ,.~IJ.F..GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINLrrES: April 17, 1990 and April 24, 1990 Councilman Malcolm stated the minutes of 4/17/90 should reflect that Councilman Nader had arrived late. MSC CtvkCandliss/Cox) to approve the minutes as corrected. Councilman Moore abstained on the minutes of 4/17/90. 4. SPECIAL ORDERS OF THE DAY: 4a. Terri Thomas, Vice-Chairman of the International Friendship Commission, presented the Mayor with an award that had been presented to the City of Chula Vista by the U.S.-Mexieo Sister Cities Association at the 27th National Convention. The award was for outstanding programs and activities in 1989, which was the 30th anniversary of the program. 4b. Terri Thomas, Vice-Chairman of the International Friendship Commission, and Mayor Pro Tern McCandliss presented certfficates to the Chula Vista Student Exchange Delegation for the llth Chula Vista/lrapuato Spadent Exchange - Marcia Davidson, Hilltop High; Derek Hysell, Bonita Vista High; Mafia Salazar, Southwestern College. 4e. Proclamation presented by Mayor Pro Tern McCandliss to Mr. Bfian MeClatehie, Exalted Ruler of Chula Vista Elks Club #2011, and Mr. Gary Hummell, Scholarship Chairman, deelafing the week of April 29 through May S, 1990 as 'YOUTH WEEK". 4d. Proclamation presented by Mayor Pro Tern McCandliss to Linda Gilstrap, Vice Chair of Chula Vista's Commission on Aging, declaring the month of May 1990 as "OLDER AMERICANS MONTH" 4e. Proclamation presented by Mayor Pro Tem MeCandliss to Ms. Jessie Baumgardner (106 years old) and Mr. D. Stevens (100 years old), Centenarians of the City of Chula Vista, declaring Tuesday, May 1, 1990 as "CENTENARIAN DAY~. Anna Lee Keel and Mrs. Ethington were also recognized as Centenarians by Mayor Cox. Minutes Page 2 May 1, 1990 4f, Proclamation presented by Mayor Pro Tem McCandliss to Wayne Smith, Chairman of the Sweetwater Water Authority, and Eugene Hayden, President of the Otay Water District, declaring the month of May 1990 as 'WATER AWARENESS MONTH", Mayor Cox was presented with a Water Saver Kit by Keith Lewinger, General Manager of the Otay Water District, that is put out by the County Water Authority. He stated the kits were available from both of the Water companies. He also explained the State II Water Alert, which is a mandatory issuance of Stage I, which was voluntary. The main aspects are: 1) watering of lags on odd or even days, depending on the house number, and only between 6 p.m. and 6 a.m., 2) washing of cars, boats, etc. to be done on these odd/even days, 3) there should be no hosing down of cement areas, 4) decorative fountains should not be operating, and S) restaurants are being asked not to serve water unless requested. They are working with the City staff in order to implement the program and are working toward forming the Southbay Water Conservation Task Force, which will be made up from key users in the Southbay. Violations can be called into the water districts. He stated the Allocation Program is a separate issue which deals with the plumbing system that delivers water into the area. The Stage II restrictions deal with the four year drought. 4g. Mayor Cox recognized Councilwoman McCandliss as T-shirt Salesman of the Year for the Little Ametica's Cup. 4h. Presentation on San Diego Gas and Electric proposed power plant construction - Thomas M. Mattock, Public Advisor, California Energy Commission. Mr. Maddock stated his office is independent of the Office of the California Energy Commission and is to assist the public, insure public notice, provide easy access to meeting locations, and help make information available regarding proposed construction. He stated SDG&E had filed a NOI (Notice of Intention) to construct a power plant. The NOI process has two separate public proceedings which review the environmental impacts, engineering design, and the need for electricity demand, which is a twelve month process. The first proposed informational hearing will be held in Chula Vista on May 3rd in the Council Chambers. At the conclusion of the hearings, the Committee will publish a report that will be made public. Hearings will also be held at the time the report is made public. A final report will then go to the Commission at a public hearing and voting will take place to approve or disapprove. The full details of the proposed plant is contained in seven volumes and additional supplements. Anyone interested may sign up for the Interest List, attend the meetings, and/or give public comment, and become an intervener. Mayor Cox questioned whether the support for the BITthe site from the community would weigh in the evaluation of the sites. Mr. Maddock stated that there will be two sites originally chosen. Technically, the community support will not be relevant. He stated that the Energy Commission has the authority to grant permission to build a plant and also can override local ordinances, if the statewide need for electricity overrides the local concerns in zoning. Mayor Cox stated that Chula Vista has some of the last existing wet lands in California, and the City has been working with the California Fish and Game to preserve this area. He felt that there would be adverse effects from the power plant which could impact this balance and questioned whether this would be considered. Mr. Maddock stated that staff has already asked several of these questions regarding the Chula Vista and Carlshad sites. There will be a detailed analysis done during the NOI phase and an EIR in the AFC phase (second twelve month review). There are statues which also require Coastal Commission review and recommendation. Minutes Page 3 May 1, 1990 Mayor Cox questioned whether a negative recommendation from the Coastal Commission would override the Commission. Mr. Maddock stated he was not certain but would review the statute and contact the City at a later date. Mayor Cox noted that the City of Chula Vista has already signed up as an intervener. CONSENT CALENDAR (Items pulled: 5e and 14) BALANCE OF THE CONSENT CAI .RNDAR OFFERED BY COUNCILWOMAN MCCANDIJSS, reading of the text was waived, passed and approved 4-0-1 with Councilman Nader absent Councilman Malcolm stated he would abstain from voting on Item #12 as he owns Great American Stock. 5. WIll I h~l COMMUNICATIONS: 5a. Requesting Counc~ grant SBCS waiver on $750 Conditional Use Permit Application fee - Kathryn Lembo Schroeder, Executive Director, South Bay Community Services, Inc., 315 4th Avenue, Suite H, Chula Vista, California 92010. Per Council Policy, it is recommended that the $750.00 application fee be waived. Iqbll 5b. C]aim~ against the City:. 1) Ms. Sonya Gomez, c/o Irene Miller, Attorney at Law, 401 West A Street, Suite 1300, San Diego, CA 92101; 2) Ms. Mobie Hurt, c/o Joseph V. O'Leary, Attorney at Law, 535 H. Street, Chula Vista, CA 92010; 3) Mr. Anthony M. Tredo (a minor), c/o Michael T. Murphy, 353 H Street, Chula Vista, CA 92010. Recommended by the City's claims consultant, Carl Warren & Company, and Risk Management, that the claims and the Application for Permission to Present Late Claim fried on behalf of Mr. Tredo be denied. 5c. Resignation from the h~rary Board of Trustees, W. T. McBreen, 1650 Point Sal Court, Chula Vista, California 92011. Recommended that the resignation be accepted with regret and that Mr, McBreen's request to establish a Nautical Activity Center Committee be referred to staff. 5d. Resignation from the Library Board of Trustees, F. Rodger Lindsay, 28 Center Street, Chula Vista, California 92010. Recommended that the resignation be accepted with regret and a letter of appreciation be sent. 5e. Requesting assistance from the City Council regarding insurance prem/nm~ for the CVLS operations in Rohr Park, C. E. Wischstadt, CVLS Business Manager, P.O. Box 369, Chula Vista, California 92012. Verbal recommendation will be given at the meeting. Pulled from the Consent Calendar. 6.A. ORDINANCE 2369 AMENDING SECTIONS 2.56.070 AND 2.56.170, ADDING SECTIONS 2.56.220 THROUGH 2.56.240 AND RENUMBERING SECTIONS 2.56.220 THROUGH 2.56.250 JIRI-&TING TO PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT (first readin!~) - The proposed ordinance will being the City's consultant contracting procedures into conformity with state law. Staff recommends Council place ordinance on ~rst reading. (Assistant City Attorney/Director of Finance) B. RESOLUTION 15601 REPEALING RESOLUTION NO. 9868 AND AMENDING RESOLUTION NO. 11086, RRIATING TO CONSULTANT CONTRACTS - The resolution will bring the City's consultant Minutes Page 4 May 1, 1990 contracting procedures into conformity with state law, and increase the Purchasing Agent and City Manager's authority to contract to $25,000 or less and will allow consulting contracts for $10,000 or less without formal or informal competitive bidding. Staff recommends approval of the resolution. (Assistant City Attorney/Director of Finance) 7. RESOLLrHON 15602 REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL FOR FY 1989-90 - Adoption of this resolution will create a new position entitled Assistant City Attorney/Chief Litigator and place this position in Executive Salary Band E-5. Staff recommends approval df the resolution. (City Manager) 8. RESOLUTION 15603 ACCEPTING BIDS AND AWARDING CONTRACT FOR I~-I.F-CTRONIC REGISTERING FAREBOXES - Bids were received and opened on 4/16/90, for the purchase of 23 electronic registering fareboxes, and 23 additional cashboxes. The boxes will be used by Chula Vista Transit. Staff recommends approval of the resolution. (Director of Finance) /d/~ 7 9. RESOLUTION 15604 APPROVING AGREF~ FOR PROFESSIONAL CONSULTANT SERVI_CK~; FOR RANClIO DEL REY SPA I AND TENTATIq/E 1~ - This agreement authorizes the consultant to proceed with an amendment to Rancho del Rey SPA I and tentative map. Staff recommends approval of the resolution and authorize the Mayor to sign on behalf of the City. (Director of Planning) 10.A. RESOLIYFION 15605 APPROVING CHANGE ORDER NO. 8 FOR REMODELING OF POLICE DEPARTMENT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECLrfE THE CHANGE ORDER ON BEHALF OF THE crrY OF CHULA VISTA - The proposed change order includes various additions to the original scope of work due mainly as a result of finding additional asbestos in the police facility. Staff recommends approval of the resolution. (Director of Public Safety) ' B. RESOLUTION 15606 APPROPRIATING $98,236 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO TIlE CONSfRUCTION CONTRACT FOR TIIE PUBLIC SAFETY BUILDING REMODEL Staff recommends approval of the resolution. (Director of Public Safety) . 11. RESOLUTION 15607 ACCEPTING CONTRACT WORK, INSTALLATION OF PEDESTRIAN ACTUATED TRAFFIC SIGNAL AT HILLTOP DRIVE BETWEEN JICAMA WAY AND KINGSWOOD DRIVE IN THE CriY OF CHULA VISTA - On 3/13/90 the Council awarded a contract in the amount of $25,460 (including contingencies) for the installation of pedestrian actuated traffic signal to MCR Electrical Contractors, Inc., the work is now completed. Staff recommends approval of the resolution. (Director of Public Works) 12. RESOLUTION 15608 ACCEPTING PUBLIC IMPROVEMENTS RANCHO DEL SUR UNIT II - Staff recommends approval of the resolution. (Director of Public Works) Councilman Malcolm abstained from voting as he owns stock in Great American. 13. RESOLUTION 15609 ACCEFHNG PUBLIC IMPROVEMENTS, BEt, AIR RIDGE SUBDMSION - NADFT, a California limited partnership has completed the requirement for public improvements for the Bel Minutes Page 5 May 1, 1990 Air Ridge subdivision. The agreement was approved by Council on 1/22/88. Staff recommends approval of the resolution. (Director of Public Works) /~t~/2 14. REPORT ta iYPOLICYREQUIRING DEVELOPERS TO CONTRIBUTE TO OPEN SPACE DISTRICT FOR NATURAL DRAINAGE - On 12/5/89 Council approved Rancho del Rey Open Space District No. 20. Additionally, the Council directed staff to return with a policy for developer contributions for maintenance of natural drainage facilities in open space districts. Stuff recommends Council accept the report. (Director of Public Works) Pulled from the Consent Calendar. pjt~, ~f * * END OF CONSENT CALENDAR * * PUBLIC HFARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. RESOI..UTION 15610 CERTIFYING FINAL EIR-89-11 ADOPTING FINDINGS RELATIVE TO SECTION 12081 OF CEQA AND STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING THE MITIGATION MONITORING PROGRAM FOR OTC - Staff recommends approval of the resolution. (Director of Planning) /q'6 ~5' PUBLIC HEARING PCM-90-O5, CONSIDERATION OF OLYMPIC TRAINING CENTER (OTC) SECTIONAL PLANNING AREA PLAN (SPA) AND PUBLIC FACILITIES FINANCE PLAN (PFFP) ~ SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION (continued from 4/24/90) - (Director of Planning) RESOLUTION 15599 APPROVING THE OLYMPIC TRAINING CENTER (OTC) SECTIONAL PLANNING AREA PLAN (SPA) AND PUBLIC FACILITIES FINANCE PLAN (PFFP) - Staff recommends approval of the resolution. /~/~ RESOLUTION 15611 ADOPTING A STREET DESIGN STANDARD - WUP~-IB ROAD RURAL · RECREATION ACCESS ROUTE FROM ORANGE AVENUE TO COUNTY REGIONAL PARK - Staff recommends approval of the resolution. /'Y~/~ This being the time and place as advertised, the Mayor declared the public hearing open. Barbara Reid, Assistant Planner, stated that there were two modifications to the Mitigation MOnitoring Prograin: 13 the first on page 22, last paragraph, second to last sentence - add 'for said off-site improvements'; 2) on page 23, third sentence from the bottom - delete the words 'contracted and'. Councilwoman McCandliss questioned how the on-site fire personnel will be trained, etc. Mr. Leiter; Director of Planning, stated there is a condition that calls for an agreement to be worked out for fire and police protection. Counc~woman McCendliss questioned the 'foreign basin" referred to in the staff report regarding the sewer. Bud Grey, Consultant, stated it refers to pumping sewage out of the Salt Creek Basin into the Telegraph Canyon Basin and has already been approved by the Council with the EastLake Greens project. Minutes Page 6 May1, 1990 David Nielsen, San Diego National Sports Training Foundation stated this was the culmination of four years of work. He then introduced Larry McCullum, Training Centers Director for the Olympic Training Committee, and Ken Weisman, Associate Partner, Skidmore, Owings and Merrill. Mr. Leiter stated that the staff report dealt only with the EIR and that staff had an additional presentation. Mr. Nielsen stated theywould request exemption from conditions #2 and #3, requirement for the foundation to install median landscaping. It was their understanding that EastLake would put in the improvements as the developments occurred along the fights-of-way. They estimate it would cost approximately $300,000. Kent Aden, EastLake Development Company, 900 Lane Avenue, stated there were two portions of road being talked about the south portion of Hunt Parkway and the other being Orange Avenue. There are two separate sets of conditions covering these. The first, the City is already covered on is the south part of Hunt Parkway which is conditioned as part of the EastLake Greens project and will be installed in approximately two years with the EastLake Greens project. The second portion on Orange Avenue would be condifioned with EastLake Trails and Vista project which should be three to five years. They felt it was either covered or if not, the would have the opportunity to cover in future approvals, and they would give the City a letter to that effect. Councilman Malcolm stated he would like to see the project approved as presented tonight. It was his understanding that one of the capital improvements by EastLake would be all infrastructure needed to bring traffic into the Olympic Training Center. He felt infrastructure was all landscaping requirements in the streets as staff was recommending. He did not feel tonight was the time to try to negotiate, but the more important question was when would it be done, and would it be in conjunction with the opening of the Olympic Training Center. He felt this was a major document and if these conditions were taken out tonight, the City would lose leverage with EastLake to ensure that it was done and done right. He stated it could be worked out at a later date and then amended. Dr. Andrew Strenk, 801 2nd Street, Santa Monica, California, representing Southern California Olympians, stated they supported the project and staff recommendations. Laura DeSnee, 5885 El Cajon Boulevard, San Diego, California, representing the United States Olympic Committee, stated she supported the project and staff recommendations. Jeanne Sitzberger, 652 B Avenue, Coronado, California, representing the S~in Diego Olympians, stated she supported the project and staff recommendations. Lany MacCullum, Colorado Springs, representing the US Olympic Committee, stated they are excited over the new facility. He stated there are ten sports that must be trained outdoors and noted the weather in Chula Vista as an asset to the program. He added that this project has already had a significant impact throughout the world, and they are looking forward to becoming a member of the community in the future. There being no further public testimony, the public hearing was declared closed. City Manager Goss stated staff would recommend one further condition which should be modified. Condition 26A should be modified as "precise plan to evaluate rather than utilize low and high pressure sodium lighting." and delete "to the maximum extent possible". RESOLUTION 15610, 15599, 15611, OFFERED BY COUNGILMAN MALCOLM AS MODIFIF, D, reading of the text was waived, passed and approved 4-0-1 with Councilman Nader absent. Minutes Page 7 May 1, 1990 Councilwoman McCandliss referred to a letter received from the County regarding the parking for on-site residents and she questioned how the on-site parking ratio was determined. Mr. Grey stated that the off-street parking requirement will be studied further and made a condition of the approval of the precise plan. Mayor Cox stated the grading would begin in June and that in eighteen months the facility should be open. He felt the decision of the OTC to build in Chula Vista was a significant step in the growth of the City. 16. PUBLIC HEARING ON HOUSING AND COMMUNITY DEVELOPMENT l~b:~ ~S FOR THE 199091 COMMUNHY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) - The City of Chula Vista will receive $1,161,000 in CDBG entitlement funds and has $181,1S0 of previous funding available for reprograrnming. The purpose of the public hearing is to allow public comment on the proposed program. The final CDBG budget consideration is scheduled for S/22/90. (Director of Community Development) RESOLUTION 1S612 REQUESTINGTRANSFEROFADDITIONALURBANCOUNTYCOMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM COMPLETED PROJECTS TO ORANGE AND FOURTH (HERMOSA) PARK DEVELOPMFdqT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECIYrE SAID AGRF. RMENT - Staff recommends approval of the resolution. Mayor Cox stated the purpose of the public hearing was to receive testimony from those interested in seeking the funds or those having comments regarding the utilization of these funds. The Commission on Aging, Human Relations Commission, and one member of the Youth Commission have made recommendations. Council will not make any decision tonight. The public hearing will be dosed tonight after testimony, and staff will bring back recommendations at the meeting of May 22, 1990. Chris Salomone, Director of Community Development, gave a brief overview of the Community Development Block Grant Program. The public hearing is an opportunity for the public to give their input. Council is not asked to take any action tonight and the resolution before the Council can be done at the meeting of May 22, 1990. There are requests for funding of over $1.7 million dollars. The requests have been reviewed by the Commission on Aging, Montgomery Planning Commission, Human Services Commission, and the Youth Commission. A spanish translator is available for anyone wishing to make their comments to the Council. This being the time and place as advertised, the public hearing was declared open. Pam Smith, 380 3rd Avenue, Chula Vista, California, representing Social Security Administration, spoke in support of the Chula Vista Human Services Center. As Chairperson of the Human Services Council for the City of Chula Vista, she wanted to acknowledge the invaluable staff support provided Bill Castro and his staff. She felt the role of the City in human services was changing and felt the Human Services Center should be funded by the General Fund. Councilman Moore stated the cities should be telling the County what the human services priorities are and noted that these facilities provide for the entire South Bay area. George Eriekson, 352 Broadway, Chula Vista, California, spoke on behalf of the Chula Vista Human Services Center. Minutes Page 8 May 1, 1990 M. Jean Serafy, 3188 Grape, San Diego, California, Director of ECS Family Health Center, spoke in support of the Otay Community Clinic which is one of their facilities. She requested funding for both of their programs. Maria Elena S. Verdugo, 314 Parkway Street, #B, Chula Vista, California, representing the ECS Family Health Center spoke on behalf of the Otay Community Clinic. Shi~ey Hesche, 751 Otay Lakes Road, Chula Vista, California, representing the Bonita Vista High School Special Abilities Cluster (SAC), spoke on behalf of the proposed Senior Mentors program. Nancy Battennan, 869 Dunyard Street, Chula Vista, California, Program Manager for Community Options, spoke on behalf of the SAC Senior Mentors program. Marjorie Hale, 600-27 Sheffield Court, Chula Vista, California, representing the Literacy Team of the Altrusa Club spoke on behalf of their proposal. Gerry Nowakowski, 678 3rd Avenue, Chula Vista, California, State Department of Rehabilitation, spoke on behalf of the Chula Vista Human Services Center. Judith Johnson, 580 Hilltop Drive, Chula'Vista, California, Director of Emergency Services/Lutheran Social Services in San Diego, spoke on behalf of their proposal. Sharon Johnson, 1011 Camino del Rio South, #20~, San Diego, California, Director of the San Diego Resident Relations Foundation, spoke on behalf of their proposal. Nora Sears, 1142 Nolan Avenue, Chula Vista, California, representing Jobs for Youth, spoke on behalf of their proposal. Christina Estrada, 340 4th Avenue, Chula Vista, California, representing the Centre de Salud de la Comunidad spoke on behalf of their proposal for the Chula Vista Family Clinic. Paul D. Ones, 13178 Carolee Avenue, San Diego, California, Chail~nan of the Council of Philipino-Ameriean Organizations of San Diego County, Inc. (COPAO), spoke on behalf of their proposal. He expressed his concern over the lack of positive recommendations from the Commissions/Boards during the review process. He stated this was the first application COPAO had submit'ted to the City for CDBG funding. Dr. Olga Alvafez, 225 3rd Avenue, Chula Vista, California, Program Director for the South Bay Guidance Center, spoke on behalf of their proposal. Nina Garcia, Director of Kinesis South, spoke on behalf of their proposal. She presented the Council with flowers that were arranged by their clients. Frances Robinson, 265 E Street, Chula Vista, California, spoke on behalf of the lanesis South proposal. Trish Sisson, Psychiatric Registered Nurse for lanesis South, spoke on behalf of their proposal. Chris Oaldey, spoke on behalf of the Kinesis South proposal. Veronica Martinez, 234 H Street, Chula Vista, California, spoke on behalf of the lanesis South proposal. Minutes Page 9 May 1, 1990 Mayor Cox stated that Chris Chase had been in attendance to represent the YMCA but was unable to stay for the public hearing. Scott Mosher, 1301 Oleander Avenue, Chula Vista, California, Director of Girls and Boys Club of Chula Vista spoke on behalf of their proposal. Evelyn L. Gillespie, llS Spruce Road, Chula Vista, California, representing the Woodlawn Park Community Center spoke on behalf of their proposal. Thee being no further public testimony, the public hearing was closed. RESOLUTION 15612 OFFERED BY MAYOR CO X, reading of the text was waived, passed and approved 3-0-1- 1 with Counclknan Malcohn abstaining and Councilman Nader absent. Mayor Cox stated that one request was for a van and requested that staff come back with the answers to: 1) does the City have any surplus vans that are going to be replaced by the vehicle replacement program, and 2) are there vans available through the asset seizure program. City Manager Goss stated that any vehicle seized could not be utilized in that manner. Any vehicle seized would have to be utilized by law enforcement purposes, or it would have to be sold and the money utilized for law enforcement. Mayor Cox suggested that the staff look at possibilities available regarding a vehicle. Councilwoman McCandliss requested that information be given to Council regarding the cost of a van purchased through the fleet purchase plan. Councilman Malcolm stated he would like to see the local automobile dealers contacted regarding this issue. Mayor Cox requested an update on the 20% set-aside for the low/moderate income housing fund for the tax increment regarding those projects requesting funds that dealt with housing. He felt this should be put into the legislative program for next year if it was to late for this year. Mayor Cox noted that he had a "Request to Speak in Opposition" form from Evelyn Gillespie regarding Resolution 15612 and that it had been overlooked. MS(] {Col/Wloore) to reconsider Resolution 15612, approved 3-0-1-1 with Councilman Malcolm abstaining and Gouncilman Nader absent. MSC (Gox/McCandliss) to continue Resolution 15612 to the meeting of May 9.9., 1990, approved 3-0-1-1 with Councilman Malcolm abstaining and Councilman Nader absent. 17.A. PUBLIC HEARING GPA-88-2M; AMEND~ TO THE MONTGOMERY SPFXIFIC PLAN BY THE REDESIGNATION OF A CERTAIN 12.22 ACRE AREA, LOCATED ON THE SOU'rHEAb~i-I~.RLY QUADRANT OF ~ UNN/LMF_~ b-fRLRT AND PALOMAR STREET FROM *RESEARCH AND LIM1TED INDUSTRIAL* TO 'MF~CANTII~ ~ OFFIGE COMMF. RGIAL ', ON THE PLAN DIAGRAI~I OF ~ MONTGOMERY SPECIFIC PLAN (continued from 4/3/90) - Director of Planning Request by applicant to continue to the meeting of Minutes Page 10 May 1, 1990 MSC (Malcolm/McCandliss) to continue the public hearing for GPA-88-2M and PCZ-88-J-M to the meeting of May 8, 1990. Approved 4-O-1 with Coune~man Nader absent. B. PUBLIC HEARING P(Y,-88-J-M; APPLICATION TO REZONE THE ABOVE SITED PROPERTY FROM 'M-52' (LIMH'Ifl) INDIJSfRIAL) WHICH IS THE CITY ADOPTED COUNTY ZONING TO 'C-C-P' (CENTRAL COMMERCIAL SUBJECT TO A PRECISE PLAN) (continued from 4/3/90) - Director of Planning Request by applicant to continue to the meeting of May 8, 1990. RESOLUTION 15613 DENYING GPA-88-2M TO REDESIGNATE A CERTAIN 12.22 ACRE PARCEL OF LAND, LOCATED ON THE SOUTHERLY SIDE OF PALOMAR STREET BETWEEN BROADWAY AND INDUSrttlAL BOULEVARD, FROM "RESEARCH AND LIMITED INDUSTRIAL ' TO "I~F. RCANTILE AND OFFICE COMMERCIAL* ON THE PLAN DIAGRAM OF TIIE MONTGOMERY SPECIFIC PLAN - Staff recommends approval of the resolution. RESOLUTION 15578 CERTIFYING FINAL EIR-89-4M WITH ADDENDUM - PALOMAR TROH.RY CF/qTF~ - Staff recommends approval of the resolution. 18. PUBLIC HEARING PCS-89.12; CONSIDERATIONOFTENTATIVESUBDIVISIONMAPFORSUN- UP VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT (continued from 2/6/90) - (Director of Planning) /~t~4t~ lVISC (Cox/McCandliss) to continue the public hearing for PCS-89-12 to the meeting of May 8, 1990. Approved 4-0-1 with Cotmcilman Nader absent. RESOLUTION 15442 APPROVING PCS-89.12, TENTATIVE SUBDM SION MAP FOR SUN-UP VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT Staff recommends approval of the resolution. OTHER BUSINESS 19. ORAL COMMUNICATIONS 20. ITEMS pUIJ.ED FROM THE CONSENT CAI.F. NDAB 5e. Requesting assistance from the City Council regarding insurance premiums for the CVLS operations in Rohr Park. MSC (Malcolm/Cox) to have s~aff bring back a resolution to allow a minimal fee charge to off-se.t the increased insurance charge. Assistant City Manager Asmus stated that Rohr Park will be shut down starting in September for construction work, and CVLS is concerned they will not be able to come up with the $2,600 premium in time. The City's Risk Manager has suggested that Council may want to consider the reduction of the liabfiity coverage to $500,000 from $1 m~lion which would reduce the premium to approximately $1,200. CVLS and staff feel conffortable with the decreased coverage. Staff does not support the City paying half of the premium as there are many other organizations that are also in need of assistance. Councilman Moore questioned whether the motion would also cover the changes needed in the agreement. Minutes Page 11 May 1, 1990 Mayor Cox questioned whether staff could bring back an alternate resolution at the same time. Councilman Malcolm stated that would be unacceptable to him. He felt that $500,000 of liability coverage was not sufficient. VOTE ON MOTION: 4-0-1 with Councilman Nader absent. 14. REPORT (;HY POLICY REQUIRING DEVELOPERS TO CONTRIBUTE TO OPEN SPACE DISTRICT FOR NATURAL DRAINAGE Steven Krasnoff, 2445 5th Avenue, San Diego, California, representing Rancho del Sur expressed their concerns over: 1) the downstream owner could be required to maintain their drainage facilities even though the flows could be coming from upstream properties, 2) the upstream property owners would not be required to pay their fair share of the maintenance costs under these policies, and 3) he felt the policy should contain language to require sharing of the maintenance costs of any drainage facilities that serve more than one property equitably between all the owners of the drainage basin. Thorn Fuller, 2727 Hoover, National City, California, representing Rancho del Rey Partnership, stated they were in support of the policy. He noted the costs of maintaining concrete drainage basins and felt there were many reasons to go to natural drainage. He addressed a letter that had been submiRed to staff requesting consideration regarding bonding. John Lippitt, Director of Public Works, stated there were two issues. The Fwst was how the drainage area will be maintained, which has been resolved, since they will be part of the open space district. As a consideration of that, Council had requested staff return with a requirement or policy for developer participation. He stated that the downstream owners are always required to receive the upstream drainage and the districts would take that into account when determining the assessments. The other factor is when there is development upstream, retention basins w6uld be required. Staff feels that Mr. Fuller's comments are appropriate and as revenues come in the amount of the bond could be reduced. Councilman Moore questioned whether the safeguards could be placed in the policy. Mr. Lippitt stated that staff could amend the policy to include safeguards regarding upstream development as much as possible. Councilwoman McCandliss questioned the assessment and whether it would be the same ff it were a concrete channel and whether the costs will fluctuate from year to year. Mr. Lippitt stated there would not be an annual assessment if the channel was concrete. It is hoped that the costs will eventually go down, with a reserve after the five years. MSC CMcCandliss/Moore) to adopt the proposed policy and to refer the letter to staff to address those concerns. Approved 3-0-1-1 with Councilman Malcolm abstaining and Councilman Nader absent. 21. crrY' MANAGERS REPORT(S) - No report given. Minutes Page 12 May 1, 1990 22. MAYORS REPORTfS) a. Appointment of Council Subcommittees to nominate members of new commissions (Child Care. and Cultural Arts) /~/~,~' MSC (Malcohn/Moore) to appoint the Mayor and Vice Mayor as the subcornrn~ttee to nominate members of the Childcare and Cultural Arcs Commissions, approved 4-0-1 with Councilman Nader absent b. Appointment of Council representative to County AB 939 Integrated Waste Management Task Force. Mayor Cox requested that the item be deferred to a future meeting. c. Informed the Councfi the Port District had their meeting and considered the request from all five of the member cities to allow reimbursement for services provided on Port properties. This has been referred back to their staff to work with the city manager's of the five cities, to come up with an equitable arrangement to provide for reimbursement. d. Stated he had at-tended the dedication of the Sunbow Park and felt it was a beautiful addition to the City. He also artended the symphony performance at Rancho del Rey and noted the sculpture of Christopher Columbus that was placed in the park. e. Stated he had met with Dave Nielsen regarding the acknowledgement of Chula Vista as the host of the Olympic Training Center. He stated they were interested in freeway signage and noted that the Council had set aside funds in the past for signs at the entrance of I-5 and 1-805. MSC (Cox/McCandliss) to refer to staff, for a report due in the next sixty days, and to meet with the Olympic Training people for freeway signage incorporating the City of Chula Vista and the Olympic Training Center.. Approved 4-0-1 with Counc/lman Nader absent 23. COUNCIL COMMENTS a. Councilman Malcolm: Stated that Council had made a policy and policy decision several years ago that the insurance requirements for the City would be one, three, or five million dollars. He felt it was inappropriate that the issue of lowering the insurance requirement for the Live Steamers was brought before Counc~. He stated he would rather fund the $1,300 rather than placing the City at such a risk. City Manager Goss stated that he agreed with Councilman Malcolm in terms of the liability issues. This was presented as a verbal report and staff had felt that this had been taken care of last week. He felt staff was trying to look at all options available and noted that the Live Steamers were out of insurance as of today, b. Councilwoman McCandliss: Stated she had recently h~ard that the City of San Diego was attempting to establish thresholds for freeway use and capacity. She requested a report back from staff regarding what has been discussed and any developments. Minutes Page 13 May 1, 1990 c. Councilman Moore: Referenced what Dade County, Florida had done for public awareness regarding a major issue and that he would place this item on the agenda for next week. ADJOURNMENT The City Council adjourned to a closed session at 7:35 p.m. to discuss: Instruction to negotiators pursuant to Government Code Section 54956.8: potential franchise for cable television - Jones Intercable Acting City Attorney, Ruth Fritsch, stated that the Jones Intercable issue was not longer on the agenda for closed session. Potential litigation pursuant to Government Code Section 54956.9 ADJOURNED AT 8:37 p.m. to the Regular City Council Meeting on May 8, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. ALrTHELET, CMC, City Clerk Vicki Soderquist, Deputy City Clerk