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HomeMy WebLinkAboutcc min 1991/12/17 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, December 17, 1991 Council Chambers 6:07 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, and Mayor Nader. ABSENT: Councilman Rindone ALSO PRESENT: 3ohn D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ,a, IJ.F-GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Youth Commission - Nicole Marie Cazares, Ty Meservy, Jamal McCullough, and Joe L. Page III. Oaths of office were administered by City Clerk Authelet with Certificates of Appointment presented by Mayor Pro Tempore Malcolm. 15824 CONSENT CALENDAR (Items pulled: Sb, 8, 9, 13A-C, 14A-B, and 1S) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilman Rindone absent. Mayor Nader noted Item 12A-E would be continued to the meeting of 1/7/92. 5. WRITTEN COMMUNICATIONS: a. Letter requesting support of request for revocation of conditional use permit to H.G. Fenton Material Company by the City of San Diego - Mr. & Mrs. Donald Mower% 2660 Subol Court, San Diego, CA 92154. It is recommended that this be referred to the Planning Department for a report back to the Council as to whether Council should take a position on this item. 15825 b. Letter regarding graffi~ and gangland activities in the Point Robinhood area - David L. Jordan, 1550 Point Dume Court, Chula Vista, CA 91911. It is recommended that Police staff work with Mr. 2ordan in the development of a Neighborhood Watch program and monitor this area for gang disturbances. Pulled from the Consent Calendar. 15826 David L. Jordan, 1550 Pt. Dume Court, Chula Vista, CA 91911, spoke in opposition to staff recommendations. He stated he was not interested in the formation of committees but had requested a clarification of laws and Minutes December 17, 1991 Page 2 how he could help stop graffiti in the Point Robinhood area. After review of the City's graffiti ordinances he was concerned that there were no provisions for penalties on the parents of convicted minors. City Attorney Boogaard responded that perpetrators could be punished under the State laws for vandalism which was a misdemeanor carrying up to a $1,000 fine and/or up to six months in jail. The Chula Vista ordinances were designed to "fill in the holes" left by the State laws and were enforceable as an infraction or misdemeanor in the Municipal Code under the section regarding graffiti. Dave Byers, Deputy Public Works Director/Operations, stated $200,000 had been budgeted this year for eradication and education. The City had worked with Southbay Community Services, furnished supplies for volunteers for eradication on public and private properties, furnished supplies to the Public Works Department for eradication on public easements, purchased a water blaster, and hired two maintenance workers for a graffiti removal crew. The League of Cities, San Diego Branch, was proposing a model graffiti ordinance designed by Chula Vista's City Attorney. Staff had also replaced twice the number of damaged traffic signs since July I than last year. Staff felt the graffiti problem was a high priority and that Council did not just want it eradicated but controlled. Councilman Malcolm stated the Council was proud of the strides that had been made during the year and that the program stressed education. The City was currently working with the Sweetwater School District regarding the graffiti problem. Mayor Nader felt there were problems with the fines under the State Vandalism Law which criminalized graffiti and the various local ordinances which tried to "close the gaps" in the State laws. There were approximately 600,000 outstanding warrants in San Diego County not being enforced primarily due to the lack of jail space. MSC (Nader/Malcolm) to direct staff to organize a meeting to discuss the Neighborhood Watch program in the Point Robinhood area, the phone number for graffiti conn'ol should be publicized, coordination should be made with the Mayor's Office to set the meeting date when he is able to attend, and Councilmembers should also be notified of the meeting date. Approved 4-0-1 with Councilman Rindone absent. Mayor Nader thanked Mr. Jordan for his concern regarding his neighborhood and for bringing this to the Council for review. Mr. Jordan stated he would respond to Council's actions in writing. 6. ORDINANCE 2488 AMENDING ORDINANCE 2436, SECTION 10.52.480 TO INCLUDE NUMBER TEN PARKING LOT, SECTION 10.56.040, 10.56.290 AND 10.56.300 ALLOWING THE CITY TO PURCHASE PERMITS (second reading and adoption) - In order to address the parking lot issues at the new Norman Park Center, a subcommittee was organized with senior citizen representatives, City Councilman Leonard Moore, and a Park and Recreation Commissioner. The following issues were addressed: creative ideas for use of on-site space; determination of what spaces are available close to the Center; facilitation of parking for City staff; and parking options for proposed lot at Center Street and Church Avenue. Staff recommends Council place ordinance on second reading and adoption. (Director of Parks and Recreation) 15827 7. ORDINANCE 2489 INCRE/LSING ANNUAL BUSINESS LICENSE TAX RATES FOR BILLBOARDS TO $150 PER BILLBOARD, TO BE EFFIgL'I'IX/E JANUARY 1, 1992 (second reading and adoption) - Staff recommends Council place ordinance on second reading and adoption. (Director of Finance) 15828 15829 Minutes December 17, 1991 Page 3 8. ORDINANGE 2490 AMENDING SECTION 10.62.010 (B) OF CHAPTER 10.62 OF THE CHULA VISTA MUNICIPAL CODE TO INCREASE PARKING VIOLATIONS FEES (Emergency Ordinance) - The City is required to implement parking penalty increases pursuant to Assembly Bill 544 and Senate Bill 21. In addition, other fee increases are recommended based on a survey of other fees in the County. Staff recommends Council adopt the Emergency Ordinance. (Director of Finance) 4/5th's vote required. Pulled from the Consent Calendar. 15830 Donald Swanson, 187 Murray, Chula Vista, CA, representing the Downtown Business Association, spoke in opposition to staff recommendations. He stated he was opposed to a 33 1/3% increase in the parking fines and requested clarification of the State mandate regarding the $2.50. He also took exception to the justification of the $.50 increase "because it was also being done in San Diego". Lyreart Christopher, Director of Finance, responded the fee increase was not voluntary. The Legislature had imposed the increase of $2.50 and the City was required to forward that amount to their respective County. The money would go toward the construction of new courthouses and the additional $.50 increase would be for administrative costs. Councilman Malcolm stated the City had not voluntarily raised a parking fee since before 1981, raises had been mandated to the cities by the County and the State. He felt a letter stating the Council's opposition to the law should be sent to local legislators. EMERGENCY ORDINANCE 2490 PLACED FOR RFADING AND ADOPTION BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Councilman RLndone absent. Councilman Moore felt there were weaknesses in the system and questioned what happened when someone didn't pay their fine or paid a lower fine after appeal in court. City Attorney Boogaard responded, from his reading of the legislation, the $2.50 was required on all cases filed regardless of the outcome. It would come off the top prior to the County/City division under Penal Code 1463. MS 0Vloore/Malcolm) direct staff to review the weaknesses, where the money goes regarding cases filed, and return to Council with recommendations. Mayor Nader stated he would like to include a review of the new State mandates regarding the collection of monies for warrant enforcement for court administration. Councilman Moore felt his motion should deal solely with parking violation fees. Mayor Nader responded that his concerns regarding warrant enforcement could be brought back for Council review at another meeting. Mr. Christopher felt it should be clarified that the $2.50 was based on citations paid. Staff would bring a report back on how the process worked. VOTE ON MOTION: approved 4-O-1 with Councilman Rindone absent. 9. RESOLUTION 16441 ACCEPTING BIDS AND AWARDING CON'llL~CT FOR GROUNDS MAIN~IENANCE EQLrIP1VIENT - Bids were received and opened on 11/5/91 for the purchase of grounds maintenance equipment approved in the FY 91-92 budget. The equipment consists of one turf tractor with Minutes December 17, 1991 Page 4 front mounted mowers and two turf tractors with grass collection systems. Staff recommends approval of the resolution. (Director of Finance) Pulled from the Consent Calendar. 15831 Mayor Nader requested clarification of why the award was not being given to the lowest bidder and what the non-conformity was with the specifications. City Manager Goss responded that the specifications called for equipment with capability for various widths of blades and the lowest bid did not include that flexibility. Equipment with such flexibility would enable the park workers to do their jobs more efficiently. MSC 0sladerAMalcolm) to continue the item to the Adjourned Meeting on 12/19/91. Approved 4-0-1 with Councilman Rindone absent. 10. RESOLUTION 16443 AMENDINGTHEAGREEMENTBETWEENTHECITYOFCHULAVISTAAND EPISCOPAL COMMUNITY SERVICES FOR THE OPTIONS FOR RECOVERY PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - In May 1990, the City Council allocated $10,350 in Community Development Block Grant (CDBG) funds for Options for Recovery, a drug treatment program operated by Episcopal Community Services (ECS). As of 12/31/91, ECS will be discontinuing this program due to financial problems. ECS desires to amend the budget in their CDBG contract in order to expand all the CDBG funds prior to 1/1/92. Staff recommends approval of the resolution. (Director of Community Development) 15832 11. RESOLUTION 16~.~d. RATIFYING EXTENSION OF CONTRACT FOR PLANNING SERVICES OF LETI'IERE-MCINTYRE AND ASSOCIATES FOR THE PALOMAR TROLLE~ COMMERCIAL CENTER; AUTHORIZING THE MAYOR TO EXECUTE SAID AGRF.~.MENT; AND AUTHORIZING PAYMENT FOR ADDITIONAL SERVICES PERFORMED UNDER CURRENT CONTRACT - Ratify payment of $2,700 and authorize extension amendment. Staff recommends approval of the resolution. (Director of Planning) 't/Sth's vote required. 15833 Councilwoman Grasser Horton questioned whether additional work had been done that was not included in the original scope of work and if they had been authorized to exceed the $20,000. Robert Leiter, Director of Planning, responded that the additional work was to write the report and authorization had not been given to exceed the original amount. If staff had been notified, it would have been brought to Council for authorization at that time. However, the work was necessary in order to complete the project. 12.A. RESOLUTION 16445 MAKING FINDINGS ON THE PETITION FOR THE OTAY RIO BUSINESS PARK - PHASE I ASSESSMENT DISTRICT NUMBER 89-3A - In mid-1989, the Chillingworth Corporation, developer of the Otay Rio Business Park, made a formal request to City staff to utilize acquisition assessment district proceedings to finance the public improvements required for the Otay Rio Business Park. This item initiates the assessment district proceedings pursuant to the Municipal Improvement Act of 1913. Stafi' recommends approval of the resolutions and setting the time and date of the public hearing for 1/21/92 at 6:00 p.m. (Director of Public Works) 15834 Continued to the meeting of January 7, 1992. Minutes December 17, 1991 Page 5 B. RESOLUTION 16446 MAKING APPOINTMENTS AND APPROVING 'llqE ACQUISITION/FINANCING AGREEMENT FOR THE OTAY RIO BUSINESS PARK - PHASE I ASSESSMENT DISTRICT NUMBER 89-3A AND AUTHORIZING THE MAYOR TO EXECLITE SAID AGREEMENT C. RESOLUTION 16447 ADOPTING A MAP SHOViING THE PROPOSED BOUNDARIES OF ASSESSMF2qT DISTRICT NUMBER 89-3A - OTAY RIO BUSINESS PARK - PHASE I D. RESOLUTION 16448 DECLARING INTENTION TO ORDER THE INSTAIJ.ATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; ORDERING THE PREPARATION OF A REPORT DESCPdBING TI~E DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR ASSESSMENT DISTRICT NUMBER 89-3A - OTAY RIO BUSINESS PARK - PHASE I E. RESOLEFFION 16449 PASSING ON THE 'REPORT~ OF THE ENGINEER, GMNG PRELIMINARY APPROVAL, AND SETI1NG A TIME AND PLACE FOR THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NUMBER 89-3A - OTAY RIO BUSINESS PARK - PHASE I 13.A. RESOLUTION 16450 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AG~ FOR CHUI~ VISTA TRACT 89-9, SALT C}~F. RgZ I, UNIT 4 - On 9/12/89, Council approved the Tentative Subdivision Map for Chula Vista Tract 89-9 - Salt Creek I. On that tentative map four phase boundaries were delineated. Units 1-3 have been previously approved by Council. The final map for Unit 4 is now before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) Pulled from the Consent Calendar. 15835 15836 Dan Marcus, 315 Fourth Street, Suite E, Chula Vista, CA 91910, representing South Bay Community Services, spoke in opposition to staff recommendations on Resolutions 16450 and 16451, the affordable housing plans. South Bay had recently formed a community development section to address affordable housing in the area. According to the Affordable Housing Policy adopted by Council, any development over 50 units required 10% of those units be affordable to low/moderate income residents. In the past, 5% had been made available to low income with 5% available to moderate income residents. It was his understanding that under the Resolutions for this development, 7.5% was designated for moderate income and 2.5% was designated for low income residents rather than the normal 5% 1ow/5% moderate income requirement. Regarding the deferral, the low/moderate income housing requirements for Salt Creek I - 1, 2, and 3 had been deferred and 4 was before Council tonight. Of the 550 units to be developed in Salt Creek l, 55 units would be required to be affordable housing. Among the many reasons this should not be delayed any further: 1) the need for geographic balance for low/moderate income housing in the City of Chula Vista, 2) slowing of progress in meeting the City's regional share requirements for low/moderate income housing, and 3) jobs and housing balance. He expressed concern that approval of Resolution 16450 would set a dangerous precedent for future development in that City, was contrary to the City's Draft Housing Element, the Affordable Housing Policy, and the needs of the areas low/moderate income residents. He understood the reasons for the request by Baldwin for the deferral and felt low/moderate income housing should be apartments and condominiums. The designation of 7.5% moderate and 2.5% low income was a dangerous precedent inconsistent with other development approvals which state 5% low/5% moderate income housing. He requested Council amend the Resolution so when the new development phase in Salt Creek I was established, the low/moderate income housing would be required to be built before any other development could be done and reflect a 5% low/5% moderate income housing requirement. City Attorney Boogaard responded Resolution 16451 approved a supplemental subdivision agreement which satisfied Condition 11 for the low/moderate income housing requirement by deferring it all, including units Minutes December 27, 1992 Page 6 1, 2, 3, and this unit to the condominium housing area. In that unit, Baldwin had agreed to the 2.5 low/7.S moderate split. If Mr. Marcus' recommendations were approved it would affect the agreement. Mayor Nader stated it was his understanding that Mr. Marcus was not requesting that Council deny or postpone the final map, his comments were regarding conditions of the map related to a future phase. City Attorney Boogaard responded the supplemental subdivision improvement agreement, Condition 11, would have to be changed tonight or the City would be otherwise committed to the 2.5 low/7.5 moderate split. Margery Girbes, Housing Coordinator, stated it had been a practice, rather than policy, to require 5% low and 5% moderate income housing. The current Housing Element addressed the affordable housing requirement but the Housing Element had not yet been approved by Council. The S/S split was a requirement on the Sunbow and Rancho del Rey developments. The new proposal would recommend a 10% low income housing requirement to meet the State's regional and fair share requirements. Moderate income housing will not be addressed in the Affordable Housing Policy because it was believed that affordable housing would be accomplished in the market. Chris Salomone, Director of Community Development, stated the Housing Element currently stated that a good faith effort must be made by the community to reach goals set. City Attorney Boogaard stated Salt Creek I Ranch was divided into five units and the developer was proposing to put their 10% low/moderate income housing in the condominium housing area. Mayor Nader questioned the current Housing Element requirement. City Attorney Boogaard responded that the language stated the City would explore means by which they would achieve the 10% goal. There was not a stipulated percentage for low or moderate income housing. Claudia Tracey, representing Baldwin Vista Company, stated they had been working with Community Development on the affordable housing agreement for Salt Creek I and had been unable to reach complete agreement, but had reached conceptual agreement. Their intent was to scatter the units throughout the condominium project. Therefore, those qualifying would have the opportunity to choose their site. Because of over-obligation the low/moderate housing would be 2.5/7.5 split for Salt Creek I only. They did not feel it would set a precedent for Salt Creek Ranch. Councilman Malcolm questioned whether they had included the resale requirement. Ms. Tracey responded it was not included in the supplemental subdivision improvement agreement but would be a part of the negotiations they hoped to have completed within sixty days. RESOLUTIONS 16450, 16451, AND 164S2 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader appreciated Mr. Marcus' comments and acknowledged the serious shortage of low/moderate housing in the community. New development in recent years had not been geared to that end of the market. He agreed with Councilman Malcolm that it would be awkward to set additional conditions at this time bur felt Council should give direction to negotiators as ro what their goals should be. Minutes December 17, 1991 Page 7 AMENDMENT TO MOTION: (Nader) to revise Resolution 16541, effort should be made to achieve a 5% 1ow/5% moderate income housing split. If staff was satisfied that the goal could not be achieved, the percentage for low income housing could go as low as 2.5%. Amendment to motion died for lack of second. Mayor Nader stated he would reluctantly support the Resolutions but informed staff that when the next tentative map comes before Council he wanted more information on how the City could achieve low income housing targets. He felt staff should put forth a greater effort to bring together the development community and other community services. The community benefited by pride of ownership and he would like to see documentation showing that this was being done. VOTE ON MOTION: approved 4-0-1 with Councilman Rindone absent. Councilman Moore stated Chula Vista was one of the few cities in the county that came close to meeting their "fair share" and had also tried to increase the low income percentage. He felt the City should continue to encourage developers to meet the 5% low/5% moderate income housing split. B. RESOLUTION 16451 APPROVINGLOWANDMODERATEINCOMEHOUSINGAGREEMENTAND AUTHORIZING THE MAYOR TO EXECUTE SAME 15837 C. RESOLUTION 16452 REVISING CONDITION FIFTEEN AND DELETING CONDITION THIRTY-TWO OF THE TENTATIVE MAP OF CHULA VISTA TRACT 89-9, SALT CREEK 1, UNIT 4 15838 14.A. REPORT ON WATER MASTER PLAN STUDY FOR EASTERN CHULA VISTA - Staff recommends Council accept the report and approve the resolution. (City Manager) Pulled from the Consent Calendar. 15839 City Attorney Boogaard informed Council there was a revised resolution before them tonight. The revision was a technical change which would allow the City Attorney to institute litigation. Mayor Nader informed the public that the Council would meet in closed session to obtain legal advice from the City Attorney regarding the item. Council recessed for closed session at 8:04 p.m. and reconvened at 8:44 p.m. Mayor Nader informed the public that upon advice from the City Attorney, extensive discussion regarding this item would not be held due to potential litigation. Mark Watson, 10595 Jamacha Boulevard, Spring Valley, CA, representing Otay Water District, spoke in opposition to staff recommendation. A letter from the District was distributed to the Council and he stated the District had agreed to conduct a Master Plan of their water system and an EIR relative to the master plan and water storage project. He requested that Council accept the settlement offered, if not, then defer any action regarding litigation for a period of thirty days and direct staff to meet and confer regarding issues. It was their hope that the District and Council could work on the differences, problems, or misunderstandings in a problem solving forum. Councilman Malcolm stated he had read all the correspondence and Council had given new direction to the City Attorney, i.e. to meet with the District and try to work out an agreement. Due to the Statute of Limitations, Council had also given the City Attorney the authority to file litigation. Before filing such litigation, the City Attorney was to try and work out a settlement for a win/win situation. Minutes December 17, 1991 Page 8 Mr. Watton informed Council that the District Board would be meeting tomorrow and that the Statute of Limitations ran to Friday. He hoped both agencies would reach an agreement in order to avoid the filing of a lawsuit. Mayor Nader emphasized the fact that the filing of a lawsuit did not mean it would be taken to final conclusion. The authorization for the City Attorney to file was a means of protecting the City due to the Statute of Limitations and would also keep the City's options open. It was his hope also that a settlement could be reached between the two agencies. Jay I. Hilton, Director, Division 2, Otay Water District, 10595 Jamacha Boulevard, Spring Valley, CA, spoke in opposition to the staff recommendation. He offered to privately or publicly educate the Council on current water policies and Otay Water District policies. He stated he was also a member of the Inter- jurisdictional Water Task Force and questioned why concerns were not brought to them. Bob Cummings, 2445 5th Avenue, San Diego, CA, representing Sunbow, spoke in opposition to the staff recommendation. He stated he was satisfied with Council's action to delay litigation and work out a settlement. Mayor Nader clarified that the direction given to the City Attorney by Council was to have the City Attorney work toward a settlement, if a settlement could not be reached prior to the Statue of Limitations deadline, litigation would then be filed. Ed Elliott, 2727 Hoover Avenue, National City, CA, representing McMillin Communities, stated they had worked with Otay Water District for many years. The developer and partnership had a vested interest and felt the Council's actions would have an influence upon them also. They were unprepared to take sides bur requested that Council review the impact their actions would have upon the developers. Robert L. Snyder, 900 Lane Avenue, Chula Vista, CA, representing EastLake Development, agreed with the comments by Mr. Elliott and offered his assistance during the negotiation process. He felt there had been major miscommunications in the past and the filing of a lawsuit would cause irreputable harm. Councilman Malcolm requested that further discussion of the item be continued to the Adjourned Meeting to be held on Thursday, December 19, 1991. Regarding litigation, he felt the City needed to protect their rights at this time until an agreement could be reached. RESOLUTION 16453 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived. City Attorney Boogaard stated it was his direction that he pursue settlement consistent with direction given in closed session and recommended that be made a separate motion. Mayor Nader responded that due to his comments he felt Council's action would be recorded for the record. Councilman Moore felt that type of action would be misunderstood. The basic rationale was the State Attorney General's opinion stating that when there was a project involving land use plans on property having overlapping authority, certain studies including public review would be performed. The City had anticipated a 45 day review of the Master Plan and EIR which would have been the proper time to negotiate, protest, etc. That process was not followed, therefore there was no opportunity for input from the City. He reluctantly supported the motion as he felt protection was needed for the City due to all the unknowns at the time. VOTE ON MOTION: approved 4-0-1 with Councilman Rindone absent. Minutes December 17, 1991 Page 9 B. RESOLUTION 16453 AUTHORIZING A STUDY TO EVALUATE THE OTAY WATER DISTRICT MASTER PLAN AND THE COST EFFECI1VENESS OF THEIR FUTURE PLANS AS IT RELATES TO THE GHULA VISTA GENERAL PLAN AREA AND, IF NECESSARY, TO DETER_MINE REMEDIAL ACTION, AND APPROPRIATE FUNDS THEREFORE - 4/Sth's vote required. 15. REPORT REGARDING THE STATUS OF CLOSURE OF TRAILER PARKS - Twin Palms and Palomar have submitted applications are incomplete, the Community Development Director will not be approving the closure of Twin Palms for January 1992. Staff recommends acceptance of the report. (Director of Community Development) Pulled from the Consent Calendar. 15840 Mayor Nader stated he was satisfied with the action taken by staff and commended the denial of the park closure. He felt staff should prepare amendments to the ordinance to insure there were no further closures until satisfactory resolution of the relocation issues and to provide that when the Director of Community Development rules non-compliance or compliance, there would be an automatic right of appeal to the Council. MOTION: (Nader) to accept the report and direct staff to bring forth an amendment to the ordinance instituting the right of appeal of the decision of the Cogunity Development Director to the Counc~. Motion died for lack of second. MS (Malcolm/Moore) to accept the report. Mayor Nader stated he would vote no on the motion as he felt more needed to be done regarding preventative action. VOTE ON MOTION: approved 3-1-1 with Mayor Nader voting No and Counc~man Rindone absent. Councilman Malcolm informed staff that if they had any recommendations or proposed changes, they should take them to Council at any time for review. He expressed concern with the right to appeal to Council and stated he liked the report and action staff had taken. Mayor Nader clarified the action taken by Council regarding the mobilehome park closures. The Community Development Director had denied the application for park closure in January. The park owner could request consideration of their application in April, but it did not mean that the application would automatically be granted at that time. The mobilehome relocation issue would be on the Council agenda the first meeting in April, 1992. In the meantime, residents should continue to work with staff regarding relocation issues. He advised the audience that a staff member would be available to meet with them tonight if they had further questions. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBHC HEARING CONSIDERATION TO VACATE A PORTION OF BEYER WAY ADJACENT TO 225 BEYER WAY - Samuel O'DelI, owner of the property at 225 Beyer Way, has requested a right-of-way vacation by the City in order to have direct access to his properW from Beyer Way and to make use of the now-vacant land. In accordance with Section 8320 of the California Streets and Highways Code, the Council initiated the vacation proceeding by adopting Resolution of Intention No. 16421 on 11/26/91 and setting Minutes December 17, 1991 Page 10 the public hearing for 12/17/91. Staff recommends Council continue the public hearing to the meeting of 1/7/92. (Director of Public Works) 15841 MSC (?Nader/Moore) to continue the public hearing to the meeting of January 7, 1992 at 4:00 p.m. Approved 4-0-1 with Councilman Rindone absent. 17. PUBLIC HEARING REGARDING THE pI~F.I JMINARY DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENT (HFIWE) - As required by AB 939, the Califomia Integrated Waste Management Act of 1989, this draft document is a companion to the Source Reduction and Recycling Element (SRRE). The HHWE describes the City's plans for eliminating illegal disposal of household toxics and promoting the use of non- toxic alternatives. Staff recommends Council accept the report and direct staff to: 1) continue to accept and reconcile comments from the general public and appropriate agencies until 1/24/92; 2) begin appropriate environmental review as required by the California Environmental Quality Act; and 3) return to Council for adoption of a Final HHWE at such time as all public comments have been responded to and/or incorporated in the document and environmental review has been completed. Additionally, authorize the San Diego Association of Governments (SANDAG), acting as the San Diego County Integrated Waste Management Task Force, to hold a public hearing on 1/24/92 for the purpose of receiving public comments on the Preliminary Draft HHWE and SRRE for the City of Chula Vista. (City Manager) 15842 Stephanie Snyder, Principal Management Assistant, informed Council that AB 939 required cities to address plans for the elimination of household hazardous waste in the residential wastestream and to hold public hearings on both the draft and final plans. The HHWE will be the companion document to the Source Reduction and Recycling Element (SRRE). The document was on file with the City Clerk and in the City Libraries for review, comments would be received until 1/24/92. The plan focused on the regional HHW program currently being operated by the County. The City participated in the program at no additional cost since it was funded primarily by the Solid Waste Enterprise Funding through tipping fees from the landfills. Pare Jackson, HHW Program Manager for San Diego County, complimented staff for coordinating the City's efforts with the County program. The three goals of the County program were: 1) educate the public regarding safe substitutes, 2) educate the public regarding prudent purchasing, i.e. buying only what is needed at the time, and 3) proper disposal of hazardous waste. Mrs. Snyder informed Council that educational materials were available to the public through the Conservation Coordinator's office. Staff encouraged public comments on the HHWE and stated the regional public hearing would be held in San Diego on 1/24/92. It was anticipated that the final hazardous waste element would be brought back for Council review in the spring. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. MSC (Malcolm/Nader) to accept the report and direct staff to: 1) continue to accept and reconcile comments from the general public and appropriate agencies until 1/24/92; 2) begin appropriate environmental review as required by CEQA; 3) return to Council for adoption of a final HHWE at such time as all public comments have been responded to and/or incorporated in the document and environmental review has been completed; and 4) authorize SANDAG, acting as the San Diego County Integrated Waste Management Task Force, to hold a public hearing on 1/24/92 for the purpose of receiving public comments on the Preliminary Draft HFIWE and SRRE for the City of Chula Vista. Approved 4-0-1 with Councilman Rindone absent. ORAL COMMUNICATIONS None. Minutes December 17, 1991 Page 11 ACTION ITEMS 18. REPORT TRAFFIC SIGNAL AT FAST 'H' STREET AND BONITA VISTA HIGH SCHOOL DRIVEWAY - Staff received a letter dated 9/12/91 from Robert J. Thomas requesting that a traffic signal be installed at the entrance to the Bonita Vista High School and East "H" Street to facilitate left-turns into the parking lot. Staff recommends denial of the request for a traffic signal at the intersection of East "H" Street and the entrance to the Bonita Vista High School parking lot. (Director of Public Works) ........... 15843 MSC (Malcolm/Moore) to accept the report. Approved 4-0-1 with Councilman Rindone absent. 19. REPORT REQUEST FOR AN ALL-WAY STOP AT OXFORD STREET AND FIRST AVENLIE - In a request dated 10/24/91, Pamela R. Wiser of the 100 block of Oxford Street requested that stop signs be installed on Oxford Street at First Avenue to reduce vehicular speed on Oxford Street. Staff recommends denial of the request for stop signs on Oxford Street at the intersection with First Avenue and lower the posted speed limit from 35 mph to 30 mph. (Director of Public Works) 15844 Pam Wiser, 85 Oxford Street, Chula Vista, CA 91911, spoke in opposition to the staff recommendation. She felt the stop sign was needed due to the excessive speeds, cars passing on the street, and the use of the street as a short cut. If a stop sign was not installed at First Street then one should be installed at Second in order to stop the through traffic. Six accidents had occurred at the intersection. Mayor Nader stated the intersection was not far from where he lived and noted there were no stop signs on the street for three-quarters of a mile. He felt there was a problem and questioned whether a lower speed limit would be effective. Frank Rivera, Associate Traffic Engineer, stated there had been additional enforcement in the area since the problem had been brought to their attention. He was unsure of the number of days of enforcement. The 85th percentlie eastbound was 36 mph, westbound 85th percentlie was 45 mph. He felt the difference in speeds was due to the fact that motorists had one-half of a mile to go before reaching a stop sign when going westbound and only a quarter-mile eastbound before reaching an all-way stop. MOTION: CNader) to install all-way stop signs at Oxford Street and First Avenue. Motion died for lack of second. Councilman Moore stated he traveled the street and did not feel that the speeding problem there was any greater than anywhere else in the City. He acknowledged there was a speeding problem and that control of speeding throughout the City had been a concern/complaint of his for years. MS (Malcolm/Moore) to accept the staff recommendation with increased enforcement and a report back to Council in six months regarding the 85th percenttie speed at this location. Councilman Malcolm agreed with Councilman Moore but did not feel stop signs should be utilized to control speeds. If speeds were not controlled by the proposed action he would be willing to reconsider Mrs. Wiser's request for an all-way stop in six months. Councilman Moore questioned whether the street was utilized as a school route. Mr. Rivera responded there were 24 pedestrian crossings at the intersection during the school hours and therefore did not receive points. Minutes December 17, 1991 Page 12 Councilman Moore stated there had been a referral in the past regarding the awarding of points for pedestrians around schools. He also felt the City should come up with a public information item, something positive which would include traffic statistics which could be mailed to residents. Mayor Nader stated Council had taken action in the past to revise the warrant system and questioned whether the new system had been utilized for the intersection. Cliff Swanson, City Engineer, responded the new system had been utilized. Due to the pedestrian volumes during the busiest traffic hours the intersection did receive one point out of a maximum five points. Mayor Nader felt the warrant system may need to be revised and noted the report did not list any unusual conditions, i.e. school route. He questioned the accident history in the staff report and noted that Mrs. Wiser had stated there had been six accidents at the intersection. Mr. Swanson responded the warrant system required that the accident be correctable by a stop sign. Mayor Nader stated he would support the motion as it was an improvement over the status quo due to the report back in six months but would still support the installation of an all-way stop. Councilman Malcolm stated he would like to see A.M. and P.M. percentiles. He noted the Safety Commission had voted 5-0 against the installation of the all-way stop as had staff. These were not easy decisions for Council to make and he thanked Mrs. Wiser for bringing the problem forward. VOTE ON MOTION: approved 4-0-1 with Councilman Rindone absent. Councilman Moore felt information regarding where students were coming from would be helpful in future reports. Mayor Nader stated he would like a report from the City Manager, informational or verbal, on how the new warrant requirements, adopted by Council, were being implemented. He expressed concern that the Council's intent was not being carried out. He also requested explanatory material on how the determinations were being calculated. BOARD AND COM]VI]SSION RECOMMENDATIONS None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5b, 8, 9, 13A-C, 14A-B, and 15. The minutes will reflect the published agenda order. OTHER BUSINESS 20. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. The next regularly scheduled Council meeting will be January 7, 1992 at 4:00 p.m. b. Appointment of Department Head - addressed under Special Orders of the Day. Recognized William Winters, former Chief of Police for the City of Chula Vista for twenty-six years. He then introduced Rick Minutes December 17, 1991 Page 13 Emerson, former Commander of the Pasadena Police Department, as the new Chief of Police for the City of Chula Vista. Chief Emerson will begin work on 1/13/92. Chief Emerson thanIced City Manager Goss for his introduction and the Council for the opportunity to serve the City as Chief of Police. He then introduced his wife Lana and noted there were a number of Police Officers in the audience and thanked them for their show of support. 21. MAYOR'S REPORT(S) a. RESOLLITION 16454 OPPOSING ALCOHOLIC BEVERAGE CONTROL CUTS 15845 Mayor Nader stated similar resolutions were being adopted by various cities throughout the State in an effort to avoid potential cutbacks in the Alcoholic Beverage Control Department. The department was responsible for helping control alcohol related crimes and alcohol abuse by children. It was one of the few departments where their revenues exceeded staff salaries. RESOLUTION 16454 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilman Rindone absent. b. Time allowed for Council appeal of Planning Commission decision. It was recently brought to his attention that the ordinance allowed only ten days for the Council to appeal a decision made by the Planning Commission. He expressed concern due to the fact that minutes were not always forwarded to the Council before that time or Council was not made aware of a decision within that period of time. 15846 MS (Nader, rMoore) to direct staff to amend the ordinance to allow Council ten days to appeal from the time the Planning Cormnission minutes were approve& Councilman Moore stated Council had set a vague policy in the past in which the Council was to be notified of any decision by the Planning Commission that was felt to be of particular interest or concern. Councilman Malcolm stated he was opposed to the motion due to the possible delays caused to the applicant. He felt staff had carried out that direction and Council had been receiving "info items" regarding past decisions by the Commission. Mayor Nader stared he would modify his motion to direct staff to bring back options on time limitations for approval of minutes and that appealable decisions be promptly forwarded ro Council for consideration. SUBSTITUTE MOTION: (Malcolm/Nader) to direct staff to forward an 'info item' to Council on appealable actions taken by the Planning Commission. Mayor Nader stated he would like to see it clearly stated that the appeal time would be initiated when the "info item" was provided to Council. AMENDMENT TO MOTION: (Nader) to direct staff to bring back an amendment which would initiate the ten day appeal process when Council was advised of an appealable action by the Planning Commission. Amendment to motion died for lack of second. VOTE ON MOTION: approved 4-0-1 with Councilman Rindone absent. c. Ratification of appointment to Board/Commission: Youth Commission - Julia Wubenhorst. 15847 MSC (Nader/Moore) to ratify the appointment of Julia Wuben_horst to the Youth Commission. Approved 4-0-1 with Councilman Rindone absent. Minutes December 17, 2991 Page 14 d. The Bayfront Subcommittee held their final meeting and their recommendations were being heard by the Planning Commission on 12/18/91. The final recommendations were unanimous from the subcommittee. The subcommittee did not accept the proposal submitted by Mr. Barkett, reduced by several hundred the number of hotel units Mr. Barkerr had requested, reduced by more than half the number of residential density requested, reduced by more than half the number of high rises requested, reduced height limitations, increased the amount of park land, and provided a recommendation that would include a cultural arts center on the bayfront. The recommendation was made with the caveat that it was a land use decision made without adequate economic data on several aspects which they expect to be provided to Council before they are to consider the recommendation. He commended the subcommittee for their efforts and time involved. Councilman Moore questioned whether a fiscal study had been conducted regarding the recommendation. Mayor Nader responded there had been fiscal studies done but it was the feeling of the subcommittee that more was needed. Staff had indicated more information would be forthcoming. e. Wished everyone a Merry Christmas and thanked the citizens for their support and prayers during the last year. 22. COUNCIL COMMENTS Councilman Malcolm: a. Mayor/Council Procedures Manual - Advised Council that all comments had not been received from the various departments. Upon receipt of all comments he would bring the manual before Council for final review. b. Informed the public that letters to the City of La Mesa and City of San Diego had been sent in support of their efforts to retain the historic landmarks within their jurisdictions, i.e. the Mr. Helix and Mr. Soledad crosses. He found it interesting that the California CEQA guidelines would not allow the destruction of any historical landmarks, but that a judge would order the destruction of the crosses. ADJOURNIVIENT The City Council met in a closed session at 9:37 p.m. to discuss: Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6. Potential litigation pursuant to Government Code Section 54956.9 - SR-125 proposal. ADJOURNMENT AT 10:10 P.M. to the Adjourned Meeting on Thursday, December 19, 1991 at 4:00 p.m. in the City Council Conference Room and thence to the Regular City Council Meeting on Tuesday, January 7, 1992 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk · \ ", i\ ' % \ .,/