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HomeMy WebLinkAboutcc min 1990/12/11 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, December 11, 1990 Council Chambers 6:03 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Malcolm, Moore, Nader, Rindone and Mayor McCandliss ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF/tIJ.RGIANCE TO THE FLAG, ~ PRAYER 3. APPROVAL OF MINUTES: October 25 and November 6, 1990 MSC (Moore/Nader) m approve the minutes of October 25 and November 6, 1990 as presented. Approved 4~-0-1 with Counrilrnan Rindone abstaining as he was not a member of the Council at those meetings. 4. SPECIAL ORDERS OF THE DAY: a. Awards presentation for starlight yule parade - Dave Rossy, Head Judge for the parade presented the awards. CONSENT CAI.ENDAR (Items pulled: 10 and 14) MSUC 0Moore/Nader) to continue Items 9, 12, and 13. BALANCE OF THE CONSENT CAI.RNDAR OH~ERED BY COUNCILMAN NADER, reading of the text was waived, passed and approved unanimously. 5. WRH iKN COMMUNICATIONS: a. Request to have stop sign at Maple Sheet moved to Spruce Sweet and concerns regarding too many red zones ar the north end of Maple Street - Autumn Hills Homeowners Association, 1640 Maple Drive #73, Chula Vista, California. Staff recommends that the stop sign location, as well as the red curbing issues, again be referred to staff and the Safety Commission for re-evaluation and a recommendation back to the City Council. /~/~'~ ~ b. LeLter protesting the appearance of 'rankS' from the California Army National Guard in the Starlight Yule Parade - John D. Adams, 1168 Oleander Avenue, Chula Vista, California 92011. Staff recommends that the City Council officially request the Starlight Yule Parade Committee that tanks not be permitted in that parade. /'~5'~:? Minutes December 11, 1990 Page 2 c. Letters of resignation - Housing Advisory Committee, Thomas G. Lughran; Child Care Commission, Ginger Heinz. Staff recommends that Thomas Loughran's resignation for the Housing Advisory Committee and Ginger Heinz' resignation from the Child Care Commission be accepted with regret, and let/ers of appreciation be sent. /5~6~ ~, 6. ORDINANCE 2429 AMENDING ORDINANCE 2427 BY MODIFYING SECTION 21.B.5 AND SECTION 21.D.la RELATING TO PUBLIC EDUCATION OF RECYCLING SAVINGS (second reading and adoption) - Staff recommends Council place ordinance on second reading and adoption. (City Manager) 7. ORDINANCE 2431 AMENDING ORDINANCE NUMBER 2251 ]~F..IATING TO DEVF~OPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERR1TOR/ES (second reading and adoption) - Staff recommends Council place ordinance on second reading and adoption. (Director of Public Works) 8, RESOLUTION 15%9 ACCEPTING FUNDING AGR RRMENT WITH COL1NI~ OF SAN DIEGO FOR AB939 PLAN DEVELOPMENT AND ALFII-IORIZATION FOR CONSULTANT SERVICES AND APPROPRIATING FUNDS THEREFOR - The planning and funding agreement provides for cooperation between the City and County in preparing the State-mandated AB939 Integrated Waste Management Plan required by 7/1/91. The agreement will allow the City to receive $65,803 from the County's Solid Waste Enterprise Fund for use in any activity related to the development and implementation of the Plan. The agreement also provides a mechanism for the City to use the services of a common consultant(s) to assist in preparing any part of the plan which is unique to the City. Staff recommends approval of the resolution and authorization for the City Manager to execute the agreement and appropriate funds. (City Manager) /qS~l 9. RESOLUTION 15970 EXTENSION OF CONTRACT FOR PLANNING SERVICES OF WILLIAM F. HEATER FOR THE CITYS SIGN ABATEMEaNT PROGRAM, AND APPROPRIATING FUNDS - Staff is proposing to extend Mr. Heitefs contract of six months, to allow completion of the Sign Abatement Program for the area outside of Montgomery. This extension would require an appropriation of $12,000; however, the costs of these services are expected to be fully covered by processing fees. Staff recommends approval of this contract amendment and appropriation. (Director of Planning) To be continued. /q~?; Resolution 15970 continued. 10. RESOLUTION 15971 DENYING APPEAL OF SEIge. R FEES - Mr. Hart Klein is obtaining a building permit for a ten unit apartment building at 47 Fourth Avenue. Whe/a he initiated the process, the fee would have been $4,500. Because of the sewer fee increase in October, 1989, his fee is now $15,000. Mr. Klein is appealing the increased amount based on the reasons contained in his letter. Staff recommends Council approve the resolution denying the reduction in fees. (Director of Public Works) Pulled from Consent Calendar. / ~t f 23 Mayor McCandliss felt that time would be frozen for those projects being reviewed or appealed. She did not feel additional fees, those enacted during that period, should be allowed. Clifford Swanson, City Engineer, responded that the fee being charged was the fee in effect when Mr. Klein obtained his building permit. Minutes December 11, 1990 Page 3 Hart Klein, 47 Forth Avenue, property owner, felt that the sewer fees in effect in August 1989 when he initially started the process should apply. He reviewed the process taken in obtaining permits and felt he had moved forward with his project. He had not been notified when the sewer fees were increased and had been told by staff that he had been grandfathered into the building permit process in 1989. RESOLUTION 15971 OFFERED BY COUNCILMAN MALCOLM, reading of the tex~ was waived. Councilman Nader questioned that ff the Council did not participate in the MetTo System upgrade if there would be any possibility of partial refund to those applicants paying a higher sewer fee. Mr. Swanson responded that staff did not feel there would be a refund due if the City did not participate in the MetTo System upgrade. VOTE ON MOTION: approved unanimously. ll.A. RESOLUTION 15972 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARY OF SPECIAL ASSESSMENT DlbqRICT NUMBER 90-3, FASTLAKE GRFJ~NS PHASE 1 - On 10/16/90, Council accepted the petition of the EastLake Development Company and other property owners to initiate acquisition assessment district proceedings, pursuant to the Municipal Improvement Act of 1913 and Ordinance 2397, for the financing of infrastructure improvements in the Greens and surrounding areas of the EastLake development. This item commences the formal proceedings leading to the establishment of the EastLake Greens - Phase I assessment district. Staff recommends approval of the resolution, and set time and date of public hearing for 1/15/91 at 6:30 p.m. (Director of Public Works) 15'5'2q Mayor McCandliss requested a one week continuance. MSUC CNader/McCandliss) to continue Resolution 15972, 15973, 15974, and 15975 for one week. Councilman Rindone requested that when the item is brought back to Council that it include a section on public notice and assurance for the home buyers on prior information on purchase in the assessment district. Councilman Nader stated that the notice should be in compliance with the ordinance passed by the Council several years ago. Councilman Malcolm requested that the City Attorney address what additional liability the City is assuming. B. RESOLUTION 15973 DECLARING INIENTION AND COVEPING pRRI.IMINARY DETERMINATION TO ORDER THE ACQUISITION OF (IRTAIN IMPROVF2VIEIVI'S IN PROPOSED ASSESSMENT DISTRICT NUMBER 903, EASTLAKE GRRRNS PHASE I; ORDERING THE PREPARATION OF A REPORT DESCRIBING THE DISTRICT TO BE gED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS - Staff recommends approval of resolution. (Director of Public Works) C. RESOLUTION 15974 PASSING ON THE 'REPORT' OF THE ENGINEER, GIVING PRELIMINARY APPROVAL AND SETtING A TIME AND PLACE FOR A PUBLIC HEARING REGARDING ASSESSMENT DISTRICT NUMBER 90-3, EASTLAKE GREENS PHASE I - Staff recommends approval of the resolution. (Director of Public Works) D. RESOLUTION 15975 APPROVING REVISIONS TO THE ACQUISITION/FINANCING AGRF. F. MENT FOR ASSESSMENT DISTRICT NUMBER 90-3, EASTLAKE GllF. F. NS PHASE I - Staff recommends approval of the resolution. (Director of Public Works) Minutes December 11, 1990 Page 4 12. RESOLLFHON 15976 APPROVING AN AGREEMENT WITH SOUTHLAND PAVING, INCORPORATED TO AMEND THE CONTRACT FOR IMPROVEMENTS OF FIF'IH AVENUE FROM 'L" STREET TO NAPLES STREET IN THE CITY OF CHULA VISTA, CAI~ORNIA - On 9/5/90, Council awarded a contract to Southland Paving, Inc. in the amount of $880,310.72 (including contingencies) for the improvements of 5th Avenue from 'L" Street to Naples Street. Staff has negotiated a change in contract with Southland Paving, Inc. to amend the start of their construction activities. The actual street construction activities will begin in March, 1991, after the currently ongoing utility relocation work by the utility companies is compIeted. Staff recommends that Council adopt a resolution approving the agreement. (Director of Public Works) To be continued_ 25~5~ 5 Resolution 15976 continued for one week_ 13. RESOLDTION 15977 REJECTING THE LOWEST BID AND ACCEPTING THE SECOND LOWEST BID, TRANSFERRING FUNDS, APPROPRIATING FUNDS, AND AWARDING THE CONTRACT FOR 'NORMAN PARK SENIOR (ZNTFA{ - RENOVATION AND EXPANSION IN THE CItY OF CHULA VISTA, CALIFORNIA" - On 10/14/90, the Director of Public Works received sealed bids for "Norman Park Senior Center - Renovation and Expansion in the City of Chula Vista, California." Funds for this project were budgeted in FY 198S-86, FY 1986-87, FY 1988-89 and FY 1989-90. The work includes, but is not limited to, demolition of a majority of the existing center; construction of a new two-story center, including meeting rooms, library, kitchen, restrooms, gallery/seating area, staffed volunteer office space, conference rooms and office space for senior social service providers; and installation of new landscaping trellis work and a concrete patio and entryways. Staff recommends Council reject the lowest bid, accept the second lowest bid, transfer funds, appropriate funds, and award the contract for "Norman Park Senior Center - Renovation and Expansion in the City of Chula Vista, California". (Director of Parks and Recreation, Director of Public Works, and Director of Community Development) To be continued. / 9 ~ 7 C Resolution 15977 continued for one week 14. REPORT TRAFFIC CONTROL AT HILLTOP DRIVE AND EAST RIENSTRA STREET - Staff has completed an evaluation of the all-way stop at Hilltop Drive and East Rienstra Street. Speeds have been reduced in the vicinity and delays are minimal. The all-way stop is functioning adequately. Staff recommends that Council approve staffs report and direct to retain the all-way stop at the intersection of Hilltop Drive and East Rienstra Street; and defer the construction of a traffic signal until the intersection receives a high priority ranking in comparison to other intersection signal candidates. (Director of Public Works) Pulled from Consent Calendar. 7~52 ~ dohn Lippitt, Director of Public Works, stated that Council had directed staff to design the traffic signal for East Rienstra and Hilltop which had been done and is ready to go to~bid. Staff was also directed to evaluate the signs and make a recommendation as to whether the stop signs should remain or the traffic signal installed. Staff has recommended that the stop signs remain in place. In talking to the neighbors in the area staff would be making minor changes to make the stop signs more effective. Vernon Pendergraff, 1 Kingswood Drive, Chula Vista, California, stated he felt the staff had done a good job and that the stop sign was effective when the motorist sees it. He felt that a flashing red light was needed with crosswalks installed east/west. Jean Pendergraff, 1 Kingswood Drive, Chula Vista, Calfforrlia, felt that a flashing red light and installation of crosswalks would make an ideal situation for the intersection. She also felt that ff the traffic light on Minutes December 11, 1990 Page 5 Quintard and Hilltop was changed to a regular Iraffic light it would also slow down the traffic before they hit the bottom of the hill. Mr. Lippitt responded that staff could put a light on top of a 'stop ahead" sign along with the installation of the crosswalks it would be more effective. Councilman Malcolm questioned what the total costs would be to wire up the lights. Mr. Lippitt responded that staff would have to come back with those costs. Councilman Malcolm stated he would like to see signal lights ff the cost difference is not significant. Mr. Lippitt stated that the costs would be minimal to get the power to pole, under $6,000 or $7,000 compared to $60,000 or $70,000 for the installation of a l~affic signal. MS CMcCandliss/Nader) to accept the staff'recommeIldation with the addition that staff will look at a flashing red light, install the crosswalks, install whatever 'stop ahead' signs necessary, and have staff look at the stop light at Quintard with a recommendation back to Council. Councilman Moore felt that if the flashing red was installed, the stenciling on the street would be unnecessary. He also felt that the recommendations should be forwarded to the Safety Commission for their review. Councilman Nader requested clarification on the motion regarding the 'flashing red light". Mayor McCandliss stated the motion was to direct staff to install the flashing red light. If the costs are prohibitive Council is to be notified. VOTE ON MOTION: approved 4-1 with Counc~m~n Moore voting no. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND REIATED RESOLUTIONS AND ORDINANCES 1S. PUBLIC HEARING PEG89-27; REAPPLICATION TO CONSTRUCT A 7S-UNIT LOW-INCOME HOUSING PROJECT FOR SENIORS AT 628/638 THIRD AVENUE - SALVATION ARMY - Staff recommends approval of the resolution. (Director of Planning) Continued from 12/4/90 meeting. Councilman Malcolm stated his father owned the property across the street from this project and would therefore abstain from voting. Councilman Moore stated he was on the Board of Directors for the Salvation Army and would therefore abstain from voting. This being the tLrne and place as advertised, the public hearing was declared open. Ken Lee, Assistant Director of Planning, reviewed the proposed project. The project received original approval from the City Council, Planning Commission, Commission on Aging, and the Design Review Committee. The expiration of the Use Permit had forced the applicant to refile the application. Minutes December ll, 1990 Page 6 Reconsideration was done by the Commission on Aging and Planning Commission which resulted in a positive recommendation for the project. The Design Review Committee approval did not have a specific time limit. Issues raised by those in opposition were the building bulk and parking. The average age is between 65 and 70 and the income limits are $12,800 for singles and $14,600 for couples. Councilman Rindone questioned the height limiL Mr. Lee stated there were two conl~ols in that area, one the number of stories and the other being the height limit. This building is four stories but does not exceed the height limit. The project requires thirty-nine parking spaces with additional parking available on the Salvation Army parking lot. Those speaking in support of the staff recommendations were: Major Frank Brown, 922 Calma, Chula Vista, California, representhag the Salvation Army Vern Swenson, 900 West 9th Street, Los Angeles, California, representing the Salvation Army Kay Dennison, 659 Jefferson Avenue, Chula Vista, California Mary Anne Stro, 1136 Sundown Lane, Chula Vista, California, representing the Advisory Board for the Salvation Army Jon M. Miller, 46 Alvarado Place, Chula vista, California, representing the Salvation Army Stewart Taylor, 1634 Yale Street, Chula Vista, California, representing the Salvation Army Ralph Fiewelling, 766 Colorado Boulevard, Chula Vista, California, representing the Salvation Army Pam Smith, 380 Third Avenue, Chula Vista, California, representing the Social Security Administration Priscilla Gilljam, P.O. Bin 7070, Pasadena, California, loan consultant for the Salvation Army Dick Kau, 3404 Bonita Road, Chula Vista, California, representing Jimmie and Judy Shinoharra Major Joy Brown, 922 Calma, Chula Vista, California, representing the Salvation Army Written support was received from: H~da Selay, Irmie Schmerlouck, D. Giston, and Joan Michelson. Those speaking in opposition of the staff recommendations were: Michael A. Green, 535 H Street, Chula Vista, California, representing James Malcolm Carolyn Morgan, 659 Third Avenue, Suite A, Chula Vista, California, property owner Bess Pocklington, 656 Glover Place, Chula Vista, California W.D. 'Bud" Pocldington, 656 Glover Place, Chula Vista, California Earl Jentz, 397 #A, Third Street, Chula Vista, California Ron Floyd, 377 E. James Court, Chula Vista, California, owner of the property across the street Albert Spencer, 335 Mitscher Street, Chula Vista, California Tadeusz Pieknik, owner of property at 661 Third Avenue, Chula Vista, California Mayor McCandliss stated it was her impression that the Salvation Army had made a commitment that if parking became a problem there would be overflow parldng at the .Salvation Army and that the lot ar 642 Third Street would be available also for overflow. Mr. Miller responded that was the commitment by the Salvation Army. Councilman Rindone questioned whether there was an alarm system in the individual units. Mr. Fiewelling responded that two units were set aside for the managers. Boards are located in each of those units as well as the office which would notify the managers of emergencies. Councilman Nader questioned whether it would affect the HUD funding ff a condition was set limiting the number of car owners occupying the units. Minutes December 11, 1990 Page 7 Ms. Gilliam responded That she was not sure how HUD would react but believed That The Salvation Army would accept The condition if imposed by The City. There being no further public testimony, the public hearing was declared closed. Councilman Kindone acknowledged that the notLfication procedures were within legal requirements but questioned wheTher There was an in-house policy requiring further notification for projects of this type. He also questioned the status of ownership of 642 Third Street. Mr. Lee responded That The 300 foot notification limit was utilized. If staff feels there is significant impact due to a project, additional notL~cation is made. Staff had not researched The ownership of The other property. Mr. Kau stated that the Shinoharra's have offered parking at 642 Third Street as their parking lot is seldom full. They have also agreed to the installation of a driveway behind their property to access The Salvation Army property. Councilman Nader questioned whether The request could be continued for one week in order to find out if an easement could be obtained. This would not be an access easement but a parking easement. City Attorney Boogaard responded That The Conditional Use Permit could be granted tonight upon The condition That an easement be obtained. The CUP would not be valid unless the easement was obtained. Mr. Kau stated the normal time that The Salvation Army might need overflow parking would be on weekends when The parking lot is empty. Major Brown responded that they had addressed The parking wiTh The present Salvation Army lot and They did not feel they would be in favor of getting an easement from an existing business property. It would place anoTher condition upon the project. They would not have a proMem in requesting access for overflow parking but would have a problem with requesting a specific number of parking spaces. Councilman Nader questioned whether There were any other significant differences from The project currently before Council and The project approved in 1989. Mr. Lee responded there were no significant difference. Mayor McCandliss stated Council needed to be sensitive not only to low and moderate income housing but also to the elderly. The linkage formed between the Salvation Army and the housing project is ideal. Conditions of approval need to be cleaned up in order to address some of The concerns tonight but she felt it could be a successful project. She recognized That HUD did not allow preferential selection of applicants but There is a selection process and a sensitive eye could meet The needs she proposed. Councilman Nader felt There were additional conditions That should be added. He expressed his appreciation to the Shinoharra's for Their generous offer but expressed his concern should The property be sold. The following conditions should be added: 1) put a ceiling on the number of automobile owners occupying the project, and 2) an easement be obtained for oven'low parking of the project at 642 Third Street. Mr. Leiter responded That based on their experience and in order to provide flexibility They would recommend 40% of the total units be allowed to have automobiles. That is recognizing overflow parking on The adjacent site. Minutes December 11, 1990 Page 8 Mr. Miller questioned why an easement would be required for the parking lot at 642 Third Street if a limit was being set on the number of occupants within the project that could own an automobile. Councilman Nader responded that parking needed to be provided for not only the residents but visitors. Councilman Rindone expressed his appreciation to the members of the community that spoke before Council. He felt one of the most critical factors was the location and that services within walking distance and transportation corridors were necessary. Also to be considered is the Salvation Army facility nearby. The easement to allow the overflow parking was also important. In staff research of facilities within the area and surrounding areas, it was found that this proposal had a higher parking ratio than any of the others. As a community, Council needed to serve all citizens and he felt that this opportunity should not be lost. He would support the access to overflow parking but could not support a maximum percent of those owning automobiles. MS (McCandliss/Nader) to add Condition #S, preferential treaunent be given to Chula Vista residents. City Attorney Boogaard informed Council that it would create a legal problem which he would like to review. City Manager Goss recommended that it be included as a condition and through the regular processing of the application, it would either be approved, modified, or struck down. VOTE ON MOTION: approved 34)~0-2 with Councilmembers Malcolm and Moore abstaining. Councilman Nader questioned whether there was a problem with HUD if the City conducted a yearly review of the conditional use permit, the situation of overflow parking and number of units allowed with ownership of automobiles. Ms. Gilljam responded that there had never been a periodic review of a HUD project and she did not feel that would be acceptable. HUD did not want any uncertainties in their projects. She was not certain that they would accept a limitation on automobile owners either. An application could be made to HUD requesting their permission for these conditions. Councilman Rindone stated that the staff recommendation was without the conditions discussed by the Council tonight. He could not support the limitation of 30% or 40% percent. MS CNader/McCandliss) add a condition that a m=xlmum of thirty (30) units be rented to automobile owners and that an annual review be done by staff of the parking and traffic situation, with staff recommending numbers up or down as appropriate. C~uncilman Rindone questioned the voting procedures with two Councilmembers abstaining. City Attorney Boogaard replied that the motions would require three aff'wmative votes. VOTE ON MOTION: failed 2-1-0-2 with Councilman Rindone voting no and Councilmembers Malcolm and Moore abstaining. M ~lader) add a condition that preference be mended to those eligible without automobiles. Motion died for lack of second. Minutes December 11, 1990 Page 9 City Attorney Boogaard stated that Council could impose the condition requiring the permittee to obtain prior to vesting any rights the proposed easement with instruction to staff to bring back an amendment to the conditional use permit if the condition is incapable of being ful~lled. MS (Nader/RLndone) add a condition that: 1) the exiting Salvation Army property be uffiized for overflow parking, and 2) requiring the permittee to obtain an easement for overflow parking with instruction to staff to bring back an amendment to the conditional use permit ff the condition is incapable of being fulffiled. Councilman Rindone stated he could support this amendment because obtaining an easement would obtain a long term sohtion to the overflow parking. City Attorney Boogaard requested that the actual language of the motion be left to the articulation of the City Attorney in the final resolution. VOTE ON MOTION: approved 34~-0-2 with Councilmembers Malcolm and Moore abstaining. RESOLLrHON 15978 APPROVING PCC-89-27 FOR 75 LOWqNCOME SENIOR UNITS RESOhUTION 15978, AS AMENDED, O~ BY MAYOR MCCANDLISS, reading of the text was waived, passed and approved 34>0-2 with Count~'lmembers Malcolm and Moore abstaining. 16. PUBLIC HFARING 1911 BLOCK ACT - PHASES XIX THROUGH XXll CASH CONTRACT WITH PROCERDING PURSUANT TO CHAPTER 27 OF THE 'IMPROVEMENT ACT OF 1911' - On 11/5/90, Council adopted Boundary Map 90-4 showing the general nature and location of certain public works improvements and showing the proposed boundaries of the assessment district to be assessed for said improvement. Council also adopted Resolution Number 15919 ordering installation of said improvements and instructing the Superintendent of Streets to give notice and order the construction of said improvements. The City's participation in the cost of the improvements shall be in accordance with Council Policy 505-01. Staff recommends Council hold a public hearing on the 1911 Block Act Phases XIX through XXII Cash Contract and approve the resolution. (Director of Public Works) 4/S's vote required. Clifford Swanson, City Engineer, informed Council that two written letters had been received by the City Clerk's Office. The fn-st was a protest submitted by Bulniaro and Victoria Zendejas, this property is the only parcel on Parkway that is unimproved. They are currently working with the Planning Depargnent to have the property rezoned, therefore, it is staffs recommendation that this property be removed. It should be included in the next phase with the understanding that the improvements would be constructed then if the property owners have not installed them previously. The second protest is from Albert and Velma Schramm, this property is missing the sidewalk and they believe the assessment would place an undue financial burden upon them as he is on disability and she is unemployed. The estimated cost of putting the sidewalk on the property would average $110 per year. If this property is taken out, it would be the only property unimproved on that block. Staff recommends that the protest be overruled and included in the assessment district. Counc~man Nader questioned whether the staff recommendation for Mr. and Mrs. Zendejas could be construed as a recommendation for or against the proposed fezone. Mr. Swanson responded that staff is merely proposing the extra time to allow the Zendejas' to work out their present situation. Minutes December 11, 1990 Page l0 Councilman Moore felt that ffMr. and Mrs. Schramm qualified, they could receive a CHIP loan to cover their assessment. This being the time and place as advertised, the public hearing was declared open. Denise Zendejas, 448 Smoky Circle, Chula Vista, California, representing her parents, Bulniaro and Victoria Zendejas, requested that Council extend their time regarding these improvements until they receive information regarding the number of units they will be allowed to build from the Planning Commission. Mike Hussey, 130 First Avenue, Chula Vista, California, was called m speak and was not present. There being no further public testimony, the public hearing was declared closed. RESOLLrHON 15979 MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27 0F 'H-IE 'IIVIPROVEME,N'F ACT OF 1911' MS (Nader/Malcolm) to approve the staff recommendation with the condition that the Schramm parcel be assessed and payable at the tinge of sale of the property. Councilman Malcolm felt the motion would allow a aleferment and the minimum the City should get is an 8% interest rate. A lien should be recorded with a low interest rate due to the City. This will allow the property owner to sell his property with improvements. Mr. Swanson recommended that Council order staff to proceed with the work being done and follow-up with the financing report prior to construction. This will allow staff to settle all those questions and talk to the Schramms. Councilman Nader stated he would incorporate Mr. Swanson's recommendation in his motion. VOTE ON MOTION: approved unanimously. RESOLIYHON 15979, AS AMENDED, OFFP~aD BY MAYOR MCCANDLISS, reading of the text was waived, passed and unanimously. OTHER BUSINESS 17. ORAL COMMUNICATIONS - None. 18. ITEMS pUIJ.F.D FROM THE CONSENT CAI~,,NDAR (Items pulled: 10 and 14) The minutes will reflect the published agenda order. 19. CITY MANAGERS REPORT(S) a, Stated the Chula Vista Employees had donated over $35,000 to the United Way CHAD campaign. He acknowledged Kenneth Larsen for his work in coordinating the campaign. Minutes December 11, 1990 Page 11 20. MAYORS REPORT(S} a. Appointment to the Otay Ranch Infergovernmental Task Force ~.~8c~ MSUC (IVlcCandliss/Nader) to appoint Coun rfirnan Rindone to the 0rayRanch Intergovernmental Task Force. b. Thanked those in the community sending cards and letters of support. 21. COUNCIL COMMENTS a. Councilman Nader: I. Creation of a Cable Television Commission. Staff was convinced that a commission should be established due to the large amount of testimony Council had received on several issues in the past. The creation of a commission would take some of the burden from Council and insure a more thorough review of the issue along with public input. He would like to see the creation of the commission with regulatory authority and the enactment of an emergency ordinance placing a moratorium on the charging of access fees to the trenches until the commission had time to be formed and hold a public hearing. 7q5~ t MS eqader/McCandliss) direct City Attorney to bring an ordinance back to Council which would establish a Cable Television Commi--sion which would have delegated to it regulatory functions concerning cable television franchisees in the City, except for those that deal with the granting or renewal of a franchise in which they would be strictly advisory. Councilman Malcolm responded that cable television was no longer a luxury and people had a right to access. As an elected official he felt they had an obligation to deal with these major issues. Councilman Moore stated that Council had never delegated fees to any other board or commission. He could, at this trine, support an advisory commission. VOTE ON MOTION: failed 1-~ with Counc~members Malcolm, Moore, Rindone, and Mayor McCandliss voting no. MSUC C/~lader/McCandliss) to direct the City Attorney to bring back an ordinance creating an advisory Cable Television Commission. City Manager Goss requested clarification as to whether the pro's and con's should be brought forward at the same time as the ordinance is brought for Council review. II. Moratorium on cable television trench fees. ~'/5'~ ~ Manan Altbaum, 581 'C~ Street, Chula Vista, California, representing Chula Vista Cable, stated his firm had already expended approximately $112,000 to go into trenches in the McMillan and EastLake area which was a substantial mount for a fu-m his size. He therefore recommended the placement of a moratorium on cable trench fees. Councilman Nader stated his intent to was place a moratorium on trench fees until a commission could be established and a public hearing held. It was now Councfl's intent to keep those powers and he felt that a public hearing should be held. He would like to see a moratorium placed on the access fees to the Minutes December 11, 1990 Page 12 trenches to the franchised cable television companies in Chula Vista with a public hearing being set to consider permanent ordinance or regulation. Councilman Malcolm stated the City did not have these fees until competition came into the City. He was not certain that CouncLlman Nader's request was legal. City Attorney Boogaard responded that the only precedent his staff could establish was the rent control issue. Staff is still researching the issue and hope to have a specific answer if directed to bring back a proposed moratorium. MS (Nader/Malcolm) refer to the City Attorney, bring back in one week, with an urgency ordinance placing a moratorium on trench access fees for cable television and a report on Councirs ability to regulate. Councilman Malcolm stated he preferred that the City Attorney be allowed the amount of time he deemed necessary to research this issue before bringing it back for councirs review. Mr. Altbaum informed Council that he can be required to prepay the fees for January and/or February. Councilman Nader questioned whether an ordinance could be adopted that would stipulate that any fees charged in advance, for services unrendered, would be refunded. City Attorney Boogaard felt that ff it was legal to suspend the trench access fees, it would be in his opinion legal to refund any payment pursuant thereto for any trenches not dug. Councilman Rindone questioned whether any of the cable companies had been required to prepay the trench COSTS. City Attorney Boogaard responded there had been various arrangements that had been worked out. Now that there iS more than one cable operator the charge is now being applied to all cable operators equally. Councilman Moore did not feel that emergency management was the way to run the City and that there had been to much of this in the past. City Attorney Boogaard stated he would be prepared to respond to Council by the second week of January. Councilman Nader stated he would amend his motion to reflect the City Attorney's timdine. Councilman Moore questioned when the City Attorney would have the next meeting regarding the auto park. Sid Morris, Deputy City Manager, responded that staff is currently working with the auto dealers in wring to set up a meeting date. It is hoped that the meeting will be held before the end of the year. VOTE ON MOTION: approved unanimously. III. Letter to SANDAG regarding lobbying for binational airport. /'t683 MS CNader/lVloore) Council send a letter to SANDAG to: 1) protest the recent SANDAG delegation to Mexico for lobbying Mexican authorities for a bi-natlonal airport, 2) requesting an investigation on how the delegation was formed and sent under SANDAG auspices, and requesling a report on this investigation; and 3) requesting SANDAG send another ddegarion to Mexico comprised of members of the Chula Vista Council and other member agencies who support the majority position against the bi-national airport~ Minutes December 11, 1990 Page 13 Councilman Moore stated that SANDAG ran on a majority vote and that the key to the study was to examine the practicality of an airport at various sites and not lobby for an airport south of Chula Vista. SANDAG should stick to the letter of the motion and the original purpose of the study. There was nothing included m authorize a delegation to lobby for an airport. He had received a copy of the minutes and the motion was modified to say: 'certain position or their designee'. The original motion did not state 'designee". Councilman Malcolm requested that the City Manager draft a letter and bring back to Council for review. Councilman Rindone stated he had spoken to the Executive Director of SANDAG and was told that this was a vote that was unanimous. He expressed his concern that this was an interpretation of staff, and no such motion was made. He felt that the letter address the interpretation of staff in those motions. He also expressed his concern over the publication of materials regarding a bi-national airport. The letter should be sent as soon as feasible. City Manager Goss stated that his office had not received a copy of the brochure and expressed his concern over the comments regarding the minimal impact on the surrounding area and the consensus favoring Otay Mesa for an international airport. VOTE ON MOTION: appmved 40-1 with Councilman Malcolm absent. b. Councilman Rindone: I. Requested that staff come back with a proposal on the de~bulators. City Manager Goss responded that staff should have more information by January. Staff is working with several parties regarding the donation of the de~bulators to the City. I1. Felt Council should look at the formation of a Human Resources Commission to go out and recruit new citizens to fill the vacancies on various board and commissions within the City. MSUC (P,.indone4qVlcCandliss) have staff ,~rarnine alternatives to provide ways of recruiting the public for vacancies on the boards and commissions. City Attorney Boogaard stated that the item was not agendized and therefore Council was limited to the amount of discussion allowed. Staff could report back at a later date with further information. c. Councilman Moore: I. Tijuana-San Diego International Airport: SANDAG pamphlet and minutes. II. Staff is preparing an agenda item for the Clean Water Advisory Group. The next step is to forward a "het's Save~ packet to Sacramento. Before that is done, it must be voted upon by the cities and entities involved in the expansion of the Metro System. If the City agrees that they want to become a member of the Special Act District, once voted upon, the City is a member and ff they want to pull out at any time thereafter, the City would probably have to buy their way out. Councilman Nader questioned when the report would be ready from the consultant. City Manager Goss responded that Council could meet at any time but he felt the key would be the relative cost. Those figures are constantly changing but staff could give Council the current information. Minutes December 11, 1990 Page 14 Councilman Nader requested that the City Manager be prepared to speak, under his comnaents next week, regarding the scheduling of a workshop to address this issue. 22. BOARD AND COMMISSION RECOMMFAI)ATIONS - None. ADJOURNMENT The Redevelopment Agency met in a closed session at 9:50 p.m. to discuss: Potential acquisition of property pursuant to Government Code Section 54956.8 located at: the northwest corner of Fifth Avenue and 'H' Street - 8.82 acres (Fee Owner: Garrett Ltd., a California Limited Partnership, David S. Casey, Sr., Wayne P. L~I, and Metropolitan Shopping Square, Ltd.) Existing litigation pursuant to Government Code Section 54956.8 ~ Wisconsin Mortgage Assurance Corporation vs. Redevelopmerit Agency. ADJOURNMENT AT 10:45 P.M. to the Regular City Council Meeting on December 18, 1990 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk ', ', .i\ by: -~ N.t.~-A- X,. Vicki C. Soderquist, Deputy~i~ Clerk