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HomeMy WebLinkAboutcc min 1991/08/27 MINLFrF. S OF A REGULAR MEETING OF THE ~1'1 Y OF (I-IULA VISTA Tuesday, August 27, 1991 Council Chambers 6;05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Grasser Hotton, Malcolm (left meeting ar 8:13 p.m.), Moore, Rindone, and Mayor Nader. ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pLF. nGE OF .,tl-I.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: August 13, 1991 MSUC (Moore/Rindone) to approve the minutes of August 13, 1991 as presented. 4. SPECIAL ORDERS OF THE DAY: None. CONSFaNT CALENDAR (Items pulled: 5a and 8) CONSENT CALENDAR OI't'P. RF, D BY COUNcil.MAN MOORE, reading of the t~xr was waived, passed and approved uvanlmously, Councilman Malcolm recorded a no vote on Item 8. Mayor Nader noted that several speaker slips had been received by the City Clerk before the vote was taken on the Consent Calendar. It was the consensus of the Council to pull Items Sa and 8 from the Consent Calendar and allow public comment. 5. WRlriP2q COMMUNICATIONS: a. Request for a stop sigu at the north comer of Crestview and Countxy Vistas in Bonita Long Canyon - Dr. end Mrs. Robert Baker, 1481 Rimerest Court, Bonita, California. Staff recommends that the request be referred to staff and Safety Commission. Pulled from the Consent Calendar. 15592 Sid Morris, Assistant City Manager, informed Council that this item had been before the Safety Commission and had been denied. Dr. Baker was appealing that decision and staff was prepared to bring a report back to Council on September 10, 1991 for review. Frank Rivera, Assistant Civil Engineer, stated the Safety Commission had denied the request at their August meeting. Staff was prepared to take the appeal back to the Safety Commission on September 12th or the Council on September 10th. Minutes August 27, 1991 Page 2 City Manager Goss recommended that the appeal be brought back to Council at their September 10th meeting. Robert Baker, 1481 Rimcrest Court, Bonita, CA 91902, gave a brief overview of the area and the intersection. Mayor Nader requested that when the appeal is brought back to Council for review that the Safety Commission minutes be included along with photographic aids and any other information available. He will be in Washington D.C. for that meeting. Councilman Moore requested that any maps included in the report designate the stop signs, set backs, and driveways. Mr. Baker stated that the main safety concern is the traffic from the north. MS (Moore/Rindone) to refer the request to staff with a report back to Council at the 9/10/91 meeting. Mayor Nader expressed concern that the original recommendation had been to refer to the Safety Commission and only after it had been pulled by the public did the Council receive the correct staff recommendation. VOTE ON MOTION: approved 4-0-1 with Counr~man Malcolm absent b. Request to eliminate the dallgefous conditions on Main Slreet created by the Car Auction and Abre Towing - Antonio Castro, St., 158 Tenth Street, Chnla Vista, 91910. Staff recommends that the complaint be received and filed. 15593 6. RESOLUTION 16330 ACCEPTING FEDERAL LIBRARY SERVIt'~_~ AND CONSTRUCTION ACT GRANT FOR THE PURCHASE OF MATERIALS, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1991-92 BUDGET - The State of California has approved the Chnla Vista Public Libranj's application for grant funds in the amount of $15,000 ($5,000 per library facility) for the development of a Grandparents and Book Program. Staff recommends approval of the resolution. (Director of Library) (Requires 4/5ths vote) 15594 7. RESOLUTION 16331 ACCEPTINGBIDSANDAWARDINGCONTRACTTOBONITARt.RL'fKICFOR STREET LIGHY REWIRING AT VARIOUS LOCATIONS - On July 25, 1991, staff was informed that the street lights were not operating along Otay Lakes Road northwest of Avenida del Rey and Ridgeview Way. Staff discovered that the conductors feeding these street lights, as well as at two other locations, had been stolen. Staff recommends approval of the resolution. (Direcwr of Public Works) 15595 8. RESOLUTION 16332 AUTHORIZING TEMPORARY CLOSURE OF RANClIO DEL REY PARICvVAY ON SEPTEMBER 21 AND ZI, 1991 FOR AN ORANGE CRATE DERBY UPON CONDITIONS - The Bonita Orange Crate Derby Committee is requesting permission to conduct an Orange Crate Derby on Rancho del Rey Parkway on Saturday and Sunday, September 21 and 22, 1991. Staff recommends approval of the resolution subject to staff conditions. (Director of Parks and Recreation) Pulled from the Consent Calendar. Councilman Malcolm stated he would vote no on this item as he was opposed to only $1 million liability coverage for the event. He did support the event and felt it was a worthy cause. 15596 Minutes August 27, 1991 Page 3 Gerald Forman, S93 Bayona, Chula Vista, CA, spoke in opposition to the staff recommendation. He felt the notification and map given to residents in the area were incorrect. He further stated that the notice delivered from the Derby Committee was misleading in that he felt it was a "done deal". He expressed concern that spectators would be sitting on the fence, parking in his driveway, and damaging the landscaping. He requested that Courteft disapprove the request or hold it over to give the residents time to appear before Council. Constance Byron, 5757 Hoover Avenue, National City, CA, representing McMillin Communities, spoke in support of the staff recommendation. They have supported the activity for the last five years and assured the Council that they were concerned with the quality of life for the residents in the area. Parking will be contained in the unimproved area above the course and other areas will be posted with no parking signs. There are currently three residents in the Bel Monte area and they were all contacted regarding the derby. Jim Willjams, 6572 San Miguel Road, Bonita, CA, Chairman of the Orange Crate Derby Committee, spoke in support of the starf recommendation. There has never been a problem with vandalism, injury, or complaint from surrounding residents in the history of the event. The inconvenience to the residents of the area should be minimal and the Committee will insist that the participants and spectators stay out of the residential area. Mayor Nader questioned whether the Committee would agree to provide crowd control, i.e. posting signs ahead of time and patrolling the walls. Mr. Willlares responded that the Committee would post signs on the walls if it was necessary. Councilwoman Grasser Horton questioned the $1 million liability insurance requirement. Mr. Willjams responded that the Committee was still "insurance shopping". The insurance had been provided by Great American in the past and the Committee was currently working with Wells Fargo. There has never been a claim, medical or otherwise, in eleven years. All participants and guardians are required to sign a waiver as part of the entry form. Councilman Moore felt the key to a successful event was the contact made with the residents in the area. He questioned what contact had been made for the derby. Mr. Williarns responded that the Committee had been unsure as to who should contact the residents. When informed that the Parks and Recreation Depa~ tment was sending out a letter, the Commit'tee felt they shotrid also send out notice regarding the event. Jerry Foncerada, Parks Superintendent, stated that the Department did send out notice to the residents that the request would be heard by Council tonight. It is usually up to the organization to contact the residents with other information regarding the event. City notices were hand delivered on August 22nd. The notices outlining the event from the Committee were hand delivered on the following Sunday. AMENDMENT: {Nader/Grasser Hotton) 1) to require a liability waiver from all participants and guardians, and 2) applicant is to provide signage and crowd control to keep people off the fence on Rancho del Rey Parbray. Approved 4-0-1 with Councfirnan Malcolm absent. Counc~man Moore stated his major concern was that a new event was moving into a residential neighborhood and Council was approving that inlrusion without the neighborhood's approval. He would not force this on the neighborhood. Minutes August 27, 1991 Page 4 Mayor Nader stated this was a perfect example of how the proposed neighborhood planning committees could be utilized. If the concerns of the residents are not met, he would expect that event to be held in a different area next year. RESOLUTI ON 16332, AS AMENDED, OFFI~ED BY COUNCIl -MAN RINDONE, reading of the tex~ was waived. Councilman Moore felt the sloped areas would be as much of a concern as the fence. Mr, Foneerada responded that the slopes were planted with ice plant and the past experience had been that the slopes in Briarwood had not been impacted. Mayor Nader stated the intent of the motion was to include the slopes also. VOTE ON MOTION: apprnved 3-1-1 with Counrnman Moore voting no and Councilman Malcolm absenL City Manager Goss stated that staff would relook at the site before next year due to the buildout that would occur within the next twelve months. MS (RindoneJGrasser Honon) to direct staff to bring back an updated study on the liability insurance issue and potential costs in a timely manner. The stlldy is to compare options for $1 million, $2 mflllorl, and $5 malllon of coverage. Counc~man Moore felt this analysis should be routine for all requests of this type. Mayor Nader cautioned the staff not to put aside priorities to address this issue. He also expressed concern that events of this type not be precluded due to insurance and legal concerns. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent. 9. REPORT ON CHULA VISTA TRANSIT (CVT) RADIO COMMUNICATION STUDY- Phase I of the Study has been completed. This report discusses recommendations which include GVT obtaining its own operating frequency and upgraded radio communications equipment. Staff recommends that Council recommend to SCOOT Board: (1) accept Phase I Study recommendations and direct the Richter Group to conduct Phase II and (2) submit an amended Fiscal Year 1991-92 Transportation Development Act (TDA) 4.0 Claim in the amount of $71,800 ($7,800 for Richter Group Phase II consultant services and $64,000 for communications equipment procurement). (Director of Public Works) 15597 10. REPORT REQUEST TO CONDUCT PARADE FROM MONTGOMERY I~I.RMENTARY SCI-IGOL - Montgomery Elementary School is requesting permission to conduct a school parade on October 11, 1991. Staff recommends approval of the request subject to staff conditions. (l]ireetor of Parks and Recreation) 15598 * * END OF CONSENT CALENDAR * * M/nutes August 27, 1991 Page 5 PUBLIC HEARINGS AND RRIATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING REGARDING RATE INCREASE REQUESTED FOR REFUSE COLLECTION SERVICES BY LA1DLAW W/~'I'I~ SY:il'/avlS, INC.- Staff recommends Council place ordinance on tirst reading and approve the resolutions. (Director of Finance and City Attorney) Continued from the meetings of 7/16/91 and 8/13/91. 15599 Lyman Christopher, Director of Finance, stated the public hearing was a continuance from the meeting of 8/13/91. Council deferred action at that meeting and requested staff to return with additional information. Staff is recommending that Council approve the resolution approving the appropriate rate schedule to be effective 7/1/91 and approving the establishment of a Waste Management Trust Fund, and place ordinance which will clarify future rate calculations on first reading. Mayor Nader stated it was his understanding that the $50,000 for the trust fund would amount to approximately 9 cents/month of the overcharge. Mr. Christopher responded that the difference between having and not having the trust fund would be 5 cents per month. Councilman Rindone requested that staff review the change in calculation and the reason for the error as interpreted by staff. Fir. Christopher stated that since 1985/86 the change in the CPI was applied against the total rate charged to users. The City Attorney has since reviewed the calculations and determined that there are three components: 1) the franchise fee, 2) land fill or pass through fees, and 33 cost of operations. He then determined that the CPI should have only been charged against the cost of operations, not all three components as had been done in the past. This has been recalculated rettoactively to 1985. Councilman Malcolm stated that the franchise did not refer to the three separate components and when the CPl is utilized it is normally figured on the entire fee. It has never been done this way in the past but he felt it was a good way to protect the rate payers and lower the rates. Councilman Rindone stated this was a critical issue due to recycling and additional franchises in the future. He felt that rates could balloon in the future for the rate payers. The Council had an obligation to: 1) insure quality waste management services, and 2) make sure the service was done economically. Every angle should be reviewed as times and federal and state requirements were rapidly changing. He questioned whether the franchise fee was included in the potential rebate of $305,000. Mr. Christopher responded that the franchise fee was not included in the $305,000. This being the time and place as advertised, the public heating was reopened. Alan Purves, 678 Third Avenue, Chula Vista, CA 91910, representing Laidlaw, encouraged Council to adopt and approve the staff recommendations. Laidlaw did not feel they had been overcharging the rate payers, there has been a reinterpretation of the franchise and Laidlaw has agreed to that reinterpretation and malcing it retroactive to 1985. He then reviewed the areas and percentage of increase in which they have experienced increases. Laidlaw did not believe it was appropriate that they be asked to pay for staff costs incurred by the City. It was important that a decision be reached as they were delaying the quarterly residential/commercial billings; and expressed concern that the citizens would be receiving two quarterly billings within a short period of time. Minutes August 27, 1991 Page 6 Councilman Rindone agreed with Mr. Putyes regarding the high quality of service the City had received from Laidlaw. He felt a 6% cap on the CPI was critical even though Laidlaw had stated that their costs had gone up 8.8%. He questioned what percentage of the increase of operational costs was for bad debts. He further questioned ff it was fair to state that the percent of salary increases for management was less than the high end of the operational costs. Mr. Putyes responded that it would be less than 1% of the total costs for bad debts. The percentage of increase for management was considerably lower. Councilman Rindone noted that the number of senior citizens utilizing the lower rate was minimal and questioned why this would bring the rate below the county average. Mr. Purves responded that the combination of multi-family, condominiums, senior citizens, and trailers brought the rate down to approximately the county average. Councilman Rindone referred to the comment made by Laidlaw that 'since the method of calculation had been changed at the request of the City that they no longer kept detailed financial records of the Chula Vista franchise alone' and questioned ff it was the consensus of the Council to change this would Laidlaw be receptive. Mr. Purves responded that it was his understanding that audits on specific costs were difficult. Laidlaw also serves Imperial Beach and other areas of the unincorporated county. He had not received any indication from the auditors that the costs were not impacted in Chula Vista by service to Imperial Beach. Victor A. Nolan, 4368 40th Street, San Diego, CA 92105, owner of property in Chula Vista, spoke in opposition to the staff recommendations. He did not feel the CPI should be utilized to calculate increases on services provided to the citizens. Audits should be done in order to determine increases in operating costs and rates should then be adjusted. He was against an automatic guarantee for rate increases. G. Don Lindberg, 280 K Street, Suite 28, Chula Vista, CA, representing Bay Cities Services, spoke in opposition to the staff recommendations. The purpose of his statements were relative to Bay Cities Services franchise arrangement with the elementary school district and their desire to ensure the lowest possible rates in the last five years to have a comparison figure that is realistic. He expressed concern with: 1) the legality of the trust fund and the City's fight to utilize relmbursable funds, and 2) the analysis did not include the franchise fee which he felt should be reimbursed also. The Council has not, previous to exacting fees from the rate payers set up the process to do so. He felt this was a specific case. Mayor Nader felt that the Council was going through that process tonight with the holding of a public hearing. Mr. Lindberg responded that Council was taking action subsequent to the collection of those funds. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm felt it would be good to go through the process for a rate-of-return for Laidlaw. Laidlaw should be reviewed on how they compare to competitive bidding. They currently participate in special services requested by the City amounting to over $50,000 per year. He felt the trust fund was a good idea and that the citizens needed to be educated regarding recycling. When the Otay Landfill is full the rates to the citizens could double or triple and the trust fund was a way of prolonging the life of the landfill. He congratulated the City Attorney for trying to protect the citizens of Chula Vista and staff for analyzing Minutes August 27, 1991 Page 7 the situation. He would like to move forward tonight and go through a rate-of-return study before rate increases are brought forward in the future. Councilman Rindone felt the Council should look at the long run and larger issues. He was uncomfortable with the length of the franchise and that all proposed leases and franchises should be dosely scrutinized in the future regarding the term granted. He would support staff looking into ways to determine rates other than an automatic 'pass through' of the CPI. The major purpose of the franchise fee is to help compensate the City for use of major right-of-ways, etc. not compensate for operational (staff) costs. City Manager Goss responded that the franchise fee compensated the City for impacts on streets, curbs, gutters, noise and a/r impacts. It was his impression that the costs of administering the franchise is included in the fee. Counc~man Rindone stated the franchise fee was a form of taxation and should not keep escalating. The Council should put a halt to that and give relief to the rate payers. Because of possible rate increases in the future, he would support alternative 3B. This alternate was more cost effective, the issue of the trust fund could stand alone and not take from the rate payars, had a two year payout, and maintains the franchise fee at 7%. Alternate 3B keeps the rates at the lowest level and maintained the highest quality of service. Counc~man Moore felt that staff had negotiated well with Laidlaw. It was important to remember that this was not an intentional overcharge but a reinterpretation of the franchise and was done in a negotiated fashion. There was no right or wrong done and credit would be given to the rate payers with $50,000 being utilized in an effort to keep rates lower in the future. He did not feel the comparison of one city to another city was a fair comparison. Councilman Rindone felt the staff had done a commendable job and that there should be no allegations that Laidlaw had done anything wrong. A full rebate should be given to the rate payers with the trust fund being brought back to stand on its own merits. ORDINANCE 2475 PLAf~-n ON FIRST READING AND RESOLUTION 16301 OFFFRED BY COUNCILMAN MALCOLM, reading of the tern was waived. Councilman Malcolm stated it should be clear that this is not a rebate as a rebate was a result of overcharging. This was a negotiated item and no one has accused Laidlaw of any wrong doing. He felt that all funds would be going back to the rate payers, i.e. in the form of a cash refund and a trust fund which would be utilized for educational purposes. He would like to go ahead with the staff recommendation and next year sign confidentiality agreements and have staff and Council review rate-of-return. Councilman Rindone disagreed with Alternate 2B which would result in a 62 cent increase/month to businesses. He felt Council was obligated to maintain quality at the lowest rate. Mayor Nader was concerned with bringing back the trust fund at a later date. The program would cost 5 cents/month and would create a funding mechanism. He agreed with Councilman Malcolm and felt the City would realize a tremendous program while maximizing recycling and ultimate landfffi costs. He did not see an alternate way of funding the ITUSt fund in the future and felt it would be a sound investment for the rate payers. He also noted that he had requested public hearings every time a rate increase had been enacted. Councilman Rindone felt Council should approve Alternative 3B and direct staff to come back next week with alternative funding mechanisms for the trust fund. He could not support the motion approving Alternative 2B. Minutes August 27, 1991 Page 8 City Manager Goss stated that staff had reviewed the following funding mechanisms but did not recommended them: 1) recycling surcharge, 2) general fund revenues, and 3) reduction in costs. StafFs immediate reaction was to refund the entire mount but it became clear that even more could be saved by the establishment of a trust fund that could be reasonably managed by staff. Mayor Nader stated that the staff had indicated that if the 5 cents was not held out for the trust fund, a recycling surcharge would then have to be initiated. It was also his understanding that the senior rate would not be increased under Alternative 2B. Mr. Purves responded that he was unsure of what was contained in the ordinance regarding senior rates but that Laidlaw did make a commitment to keep the senior rates at the current level. VOTE ON ORDINANCE 2475 AND RESOLLrlION 16301: approved 4-1 with Councilman Rindone voting no. MSUC tlioore/RLndone) direct staff to work with Laidlaw regarding audit review, rate-of-return, and confidantiality agreements. MSUC (Moore/Malcolm) direct the City Manager, in future budget preparation, to include either/or 1/2% increase for franchise fees, and require vote by Council. Councfiman Malcolm stated he would like a comparison with the franchise fee, billing, computer services, free services, etc. taken out with the net rates for everyone to provide to the public. Councilman Rindone supported Councilman Malcolm's request but did not feel the report would help due to action taken tonight. He felt the bottom line was the cost to the rate payer. ORDINANCE 2475 AMF. IqDING ORDINANCE NO. 1993 CLARIFYING METHODOLOGY FOR CALCULATING FUTURE RATE INCRF/kSF. S TO COI.I.RCT AND DISPOSE OF REFUSE - (first reading) RESOLUTION 16301 APPROVING, AFI'I~iR PUBLIC HEARING, RATES FOR COLLECTION AND DISPOSAL OF SOLID WAb-I~ EFFtit,;I1VE JULY 1, 1991 AND ESTABLISHING A WA:>-rli MANAGEMENT TRUST FUND 12. PUBLIC I-IFARING PROPOSED AMENDMENTS TO THE CITY GENFAL~ PLAN - Based on what the Council decides during the Public Hearing, the City Attomey should be directed to bring back the appropriate General Plan Amendment Resolution and Zoning Ordinances. (Director of Planning) A. GPA-91-03, PCZ-91-E: ta'IY-INITIATED PROPOSAL TO AMEND THE CiTY GENERAL PLAN FROM RESEARCH AND LIMri-KO MANUFACTURING TO RETAIL COMMERCIAI~ THE MONTGOMERY SPECIFIC PLAN FROM RESEARCH AND LIMrlhD INDUSTRIAL TO MERCANYILE AND OFFICE COMMERCIAL, AND A REZONE FROM ta-iY-ADO FrED COUNTY ZONE CLASSIFICATION C-37 TO CI'IY C-T-P ZONE FOR CERTAIN TERRITORY AT THE SOLrrHWEST CORNER OF MAIN I>-fREET AND BROADWAY - Pursuant to Councfi referral, the above actions address a portion of a Special Study Area of the Montgomery Specific Plan and provide for the intended rebufid and expansion of the existing Otay Market at the southwest comer of Main Street and Broadway. Staff recommends approval of the proposed General Plan Amendment and Rezoning. 15600 B. GPA-90-01, PCZ-90-B: PROPOSAL TO AMEND THE LAND USE DIAGRAM OF THE LTIY GENERAL PLAN BY REDESIGNATION FROM *LOW-MEDIUM DENSHY RESIDENTIAL* (3-6 DU/AC) AND 'SPECIAL STUDY* TO *RETA1L COMMERCIAL* AND TO CHANGE THE ZONING CLASSIFICATION FROM R- 1 TO C-C-P Minutes August 27, 1991 Page 9 ., FOR APPROXIMATELY 3.6S ACRES OF LAND, LOCATED AT THE SOUTHEAST CORNER OF EAST H STREET AND OTAYLAKES ROAD -Kelton Title Corporation has requested a General Plan amendment and rezoning to allow development of a retail convenience center on this site. Based on analysis of alternative land uses for this site, staff recommends that the applicant's request be denied, and the site be redesignated as 'Professional and Administrative Commercial~ with rezoning to C-O-P (Administrative and Professional Office- Precise Plan). 15601 Robert Leiter, Director of Planning, informed Council that the State allowed four amendments to the General Plan per year and does allow for consolidation. Gordon Howard, Principal Planner, gave a brief history of GPA-91-03. Staff recommended: 1) that based on the Initial Study and comments on the Initial Study and Negative Declaration, find that this reclassification and rezoning will have no significant environmental impacts and adopt the Negative Declaration issued on IS-91-33 for the Otay Market fezone; 2) approve a change to the General Plan designation to Retail Commercial, and the Montgomery Specific Plan designation to Mercantile and Office Commercial, as described in Exhibit A; and 3) adopt an ordinance changing the zone classification from the City-adopted County zone 'C37~ to the City classification C-T-P for the subject property. Mr. Howard then gave a brief history of GPA-90-01. Staff recommended: 1) based on the findings and recommendations of the Environmental review Coordinator, Council adopt IS-90-13 Negative Declaration Alternate; 2) deny the applicant's request for a General Plan Amendment to 'Retail CommerciaV, and rezoning to ~C-C-P', and 3) approve an amendment to 'Professional and Administrative Commercial", and rezone to 'C-O-P' including the Precise Plan Guidelines in Appendix 3. The Planning Commission at their 7/24/91 meeting recommended: 1) adopt the Mitigated Negative Declaration and Monitoring Program prepared in conjunction with IS-90-13; 2) adopt a resolution amending the General Plan from 'Low-Medium Density Residential' and 'Special Study Area' to 'Retail Commercial'; and 3) adopt an ordinance changing the zoning from 'R-l* to 'C-C-P' including adoption of the Precise Plan Guidelines. Staff recommends denial of the applicant's request for Retail Commercial Land Use designation for the following reasons: 1) appropriately sized and well sited retail centers either exist or are planned which adequately meet the needs in the Eastern Territories, and within the service area of the Southwestern College Activity Center; and 2) development of this site with a retail commercial center would not promote the overall character which is envisioned in the General Plan for the Southwestern College Activity Center. Councilman Rindone questioned the occupancy rate for office in the EastLake II area. Mr. Howard responded that there was an office building to the north and also on Otay Lakes Road. Staff was unaware of the occupancy rates at this time. This being the time and place as advertised, the public hearing was declared open. Those speaking in opposition to the staff recommendation on GPA-90-01 and in favor of commercial development on the site were: Deborah Phillips, 1563-B Apache Drive, Chula Vista, CA 91910 and Ray Ford, 1857 Carolyn Drive, Chula Vista, CA 91910 Mayor Nader felt that the previous speakers had addressed planning principals he had advocated in the past, i.e. locating stores in residential neighborhoods. Councilman Malcolm noted that staff did need additional time to determine the DIF fees. Council could proceed at this time but staff would have to come back in thirty days regarding the fees and whether the ,, applicant would receive credits. August 27, 1991 Page 10 Mark Kelton, 5109 Waring Road, San Diego, CA, representing Kelton Title Corporation, spoke in opposition to the staff recommendations and in favor of the Planning Commission recommendations for GPA-90-01. He requested that Council approve the Planning Commission recommendations with the only unresolved issue being the DIF. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm gave a brief history of the proposed project and noted that it had come before Council four or five years ago. At that time staff recommended condominiums, at which time the area was designated as a Special Study Area. He did not feel that additional office space was needed and that the property would prope~y serve retail/commercial zoning. Councilman Rindone stated that only one resolution and ordinance should be brought forward regarding GPA-91-03 and GPA-90-01 due to the restriction of four General Plan Amendments per year. MS (Nader/Malcolm) direct lhe City Allomen] to bring back one resolution and one ordinance for General Plan Amendment~ to reflect sniff recomrnerldation for GPA-91-03 and the Planning Comrnksion recornmelldatio~ for GPA-90-01. William Ullrich, Senior Civil Engineer, requested that Council direct staff to return in thirty days with a report regarding the DIF. VOTE ON MOTION: approved unanimously. Robert Leiter, Director of Planning, stated staff would bring back ordinances on both items but requested Council direction to go ahead and use the modifier that was prepared for the office with one exception, that the requirement that 81)% of the parking be located behind the building, be deleted. This would be brought back with the final resolution ff agreeable to Council. Councilman Malcolm agreed with staff recommendation and stated he did not have a problem with restaurants, but hoped staff wonld look at conditions on the C-C-P across the sweet due to the location of the schools and churches in the area. He felt a liquor restriction with a free standing liquor store would be appropriate. Councilman Rindone felt staff should not only look at liquor stores but any other incompatible use with the schools in the area. Mr. Leiter responded that staff would bring back guidelines in the next several weeks for Council review, reslwictions could be set at that time. ORAL COMMUNICAT[ONS Councilman Malcolm left the meeting at 8:13 p.m. a. Bob Strahl, 328 Crestview Drive, Bonita, CA 91902, spoke in support of the after school recreational program and supported expansion to three additional sites with a second recreational aide. 15602 b. Dolores Miller Chillcott, 425 Hilltop Drive, Chula Vista, CA 91910, distributed a letter to Council regarding damage done to her property as a result of tree trimming activities. Minutes August 27, 1991 Page 11 Mayor Nader requested that Ms. chillcotes letter be agendized for the next meeting under "Written Communications'. 15603 c. Mike Vogt, 3648 Main Street, #200, Chula Vista, CA 91911, referred to the problems that had been caused in the past by the Mission City auto auctions. Mission City has now moved to Otay Mesa but have allowed others to hold auto auctions on the property. This activity has resulted in excessive noise, litter, traffic, and congestion in the area. He believes the auctions are illegal and has expressed his concerns with no action being taken. He requested that Council have a public hearing in order to take action to remove the illegal use of the property at 3650 Main SU'eet. 15604 Mayor Nader stated that in a staff report, staff had indicated that the activities had been stopped. Staff will work with the police department and code enforcement to make sure that all the legal requirements are being met. If the usage is illegal staff is to bring this back to Council for action. Councilman Moore stated that this was not the same location addressed under written communications. Mayor Nader requested that staff supply the Council with a report regarding the activities and recommendation for appropriate action, ACTION ITEMS 13. REPORT REPORT ON ~C CONCERNS ON POINT BARROW DRIVE - The City Council received a letter with a petition from Mrs. Jean Adams, a resident of the Robinhood Point area, requesting that something be done to reduce the speed of vehicles on Point Barrow Drive. Staff recommends denial of Mrs. Adam's request for speed bumps and acceptance of staff and Safety Commission's recommendation. (Director of Public Works) Continued from meeting of 8/20/91. 15605 MS OVloore/Rindone) to approve staff recommandations. Harold Rosenberg, City Traffic Engineer, stated that 15 mph was the advisable speed but State law did not permit cities to set speed limits lower than 25 mph except under special conditions, i.e. narrow roadways or adjacent to schools. ~MENT TO MOTION: (Nader) 1) direct the police department to enforce as safe a speed as legally glowed, and 2) report to Counc~ in four months regarding impact of the motion adopted on traffic conditions in the area. Motion died for lack of second. Councilman Moore stated there were no buildings on the one side of the street and no homes fronting the other side of the street. Mayor Nader stated the Council had received a petition signed by fifty-five residents of the area regarding the problem. He would vote for the motion in hopes that it would address the problem but would be open to further measures in the future if this action does not address their problem. VOTE ON MOTION: approved 4~0-1 with Councilman Malcolm. absent. 14. RESOLUTION 16286 /hoPROVING SECOND AMENDMENT TO THE u-F~alDE STREET SWEEPING AGRF-EMENT EXTENDING SAME FOR ONE ADDITIONAL YEAR- On 9/15/87, Council approved a contract with Laidlaw Waste Systems, Inc. to provide street sweeping. The agreement provided for three Minutes August 27, 1991 Page 12 years of street sweeping with the contract price to be adjusted each year by the San Diego Area CPI. In addition, the agreement permitted two additional one-year extensions upon satisfactory negotiation of a contract price. On 9/11/91, Council approved the first amendment to the agreement which extended the contract through 8/31/91. Staff and Laidlaw have negotiated a price to provide citywide street sweeping services through 8/31/92 for the second and final year extension as included in the contract. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meetings of 8/6/91 and 8/20/91. 15606 Mayor Nader stated he had pulled this item last week due to time limitations. He has been advised by staff that provisions for enhanced activities in November, as a water pollution control measure, was inadvertently left out of the report last week but is in the agreement. Laidlaw has stated that they do intent to carry out that practice and therefore he had no further concerns with the item. Councilman Rindone referred to page 14-2, first paragraph, which states that Laidlaw is not increasing rates by the CPI, and stated that it reinforces his comments regarding the long term benefits of short term contracts and franchises. Mayor Nader clarified that the action taken by Council tonight only address the rate increase for Laidlaw and did not impact the length of the franchise. Councilman Rindone reiterated that long term leases were not beneficial to the City and the Council needed to look at the long range effects of all franchises and leases. RESOIIrlION 16286 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm aln~mt. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS pUIJJ~.B FROM THE CONSENT CAI.F. NDAR Items pulled: 5a and 8. The minutes will reflect the published agenda order. OTHER BUSINESS 15. ta-tY MANAGERS REPORT(S) a. A joint City Council/Economic Development Commission meeting will be held on Wednesday, 9/28/91 at 5:00 p.m. in the Conference Room. Next Tuesdays Council meeting wfil be at 4:00 p.m. as it is the first meeting of the month. A Council tour will be conducted on Saturday, 9/31/91 starting at 8:00 a.m. The public is invited to attend all Council meetings and tours. Councfiman Rindone stated that Mayor Nader would not be available to attend the tour but he felt it should not be canceled. He would like to see the tour drive by the expansion of the 5th Avenue improvements. Minutes August 27, 1991 Page 13 16. MAYOR~ REPORT(S) a. Designation of Voting Delegate for League of California Cities Annual Conference, October 13-16 in San Francisco. 15607 MSC (Grasser Horton/Pjndone) to designate the Mayor as the voting delegate and Councilwoman Grasser Horto,n as file dde~te. Apprnved 4-0-1 with Counc~man Malcolm absent. b. Appoinmaent of Gloria Hicks to the Human Relations Commission. 15608 MSC (Nader/Moore) to ratify the appointment of Gloria Hicks to file Human Relations Commission. Approved 4-0-1 with Coun,qqman Malcolm ab~enL 17. COUNCIL COMMENTS CouOc~man Moore: Approval of distribution of letter regarding regional airport. CQunc~man Moore requested approval of the draft letter to be sent out over the Mayor's signature. He then introduced Will Gildnet and requested that he be allowed to make a short presentation regarding an alternative plan to the regional airport concept. 15609 Mr. Gildnet then gave Council an outline detailing a plan which would relocate NAS Miramar to George Air Force Base (which has been scheduled for closure) and establish a regional airport at the NAS Miramar site. Mayor Nader felt the Council should approve the proposal and stated he would take this with him when he went to Washington D.C. to address this issue. He suggested additional language in which the City of Chula Vista was not committing itself solely to this proposal but did recognize it as an option that deser~ed consideration. It should be dear that the City is not asking anyone, at this stage, to limit themselves to this option and to the exclusion of all others. MS (lVloore/Grasser Horton) to accept the concept, forwarding the draft leRer wifil the attached distribution list over file Mayors signature for the Cl~ula Vista City Council, as amended adrn ini_~'advely by the City staff. Councilman Rindone stated that the projections by SANDAG were not being validated by use, actual passenger counts have been fiat. Councilman Roberts had initially proposed the closing of Lindberg Field and relocation elsewhere. The current Twin Port proposal does not accomplish that, the proposal handed out tonight does. As bases are being closed, the areas around Lindberg could also be an option for a second runway which would extend the life of the existing airport. The Mexican Government is now interested in the flee trade issue and were therefore supporting the twin port concept. He also questioned whether the FAA would sanction the Twin Ports due to safety issues. VOTE ON MOTION: approved 40-1 with Councilman Malcolm absent. Coull~'{lman Rindone: Request w expand after school recreational program at three additional sites with a second recreational aide at a cost of $7,260 from September 1, 1991 to June 30, 1992. It was his understanding that staff was planning to bring this issue back w Council in two weeks and therefore he would wait until that time to take action. Mayor Nader felt the item should be brought back the same week, or following week, the youth center item is brought to Council for review as these issues were related. Minutes August 27, 1991 Page 14 Councilman Rindone hoped that the issues would be brought before the entire Council for review. City Manager Goss responded that there would be a full Council the week of September 17th. Councilman Rindone stated that the meeting of September 17th would be acceptable. ADJOURNMENT ADJOURNMENT AT 9:40 P.M. to a joint meeting with the Economic Development Commission on Wednesday, August 28, 1991 at S;O0 p,m, in the Council Conference Room; then to the Regular City Council Meeting on Tuesday, September 3, 1991 at 4:00 p.m. in the City Council Chambers, Respectfully submitted, BEVERLYA, AUTHELET, CMC, City Clerk Vieki C, Soderquist, Deputy~ Clerk