HomeMy WebLinkAboutcc min 1992/03/17 MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, March 17, 1992 Council Chambers
6:08 p.m. Public Services Building
CAt,LED TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Grasser Hotton, Malcolm, Moore, Rindone, and Mayor
Nader.
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk.
2. pI.!;DGE OF AI.I.~GIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance was led by Meredith Geary, Gift Scout Junior Troop No. 5070.
3. APPROVAL OF MINUTES: January 28, February 18, February 25, and February 27, 1992 (City
Counc~); and, February 4, February 25 and March 3, 1992 (Joint Meeting of the City
Council/Redevelopment Agency)
MSC (Rindone/Malcolm) to approve the minutes as presented. Minutes of Janua~r 28, Februar~ 18,
February 25 (City Council) and February 4, February 25 and March 3, 1992 (Joint Meeting of I~he City
Council/Redevelopment Agency) approved unanimously. Minutes of February 27, 1992 (City Council)
approved 4-0-0-1 with Councilwoman Grasser Horton abstaining.
4. SPECIAL ORDERS OF THE DAY:
a. Presanta~~nbyMeredithGea~y~G.w~Sc~utJuni~rTr~o~N~.~~7~~toCoun~i~~faposterf~rwhi~h
she won an award - Miss Geary stated she had designed the poster to show that the Girl Scouts were
committed to caring for the environment and presented the poster on behalf of the San Diego/Imperial
Council of the Gift Scouts of America.
Councilman Malcolm said Miss Geary participated along with several hundred Gift Scouts in Chula Vista
learning how to recycle for the environment. It marked their 75th year of Gift Scout participation in the
City and their 80th year overall.
Mayor Nader thanked Miss Geary for her efforts, the work of the Girl Scouts and her Troop.
CONSENT CAI .F-NDAR
(Items pulled 5b, 5d and 14)
BALANCE OF CONSENT CAI.FNDAR OFFERED BY COUNCILMAN MOORE, reading of the text was waived,
passed and approved unanimously, except for Item 9 which was passed and approved 4-1 with Cmmrflmsn
Rindone opposed.
Minutes
March 17, 1992
Page 2
5. ~ l-t-/~N COMMUNICATIONS:
a. Letter requesting support for a Grand Jury investigation into the issue of excessive force utilized by
the law enforcement COrnmtLnjty - Wayne Holden, President, Cardiff-by-the-Sea Town Council, P.O. Box 114,
Cardiff-by-the-Sea, CA 92007. Staff recommends that Mr. Holden's letter be acknowledged and flied.
b. Letter requesting clarification concerning the implementation of the C. ity's mobile home rent control
ordinance - Frederick Dufresne, 0tay Lakes Mobile Home Association; James R. Quin, President, Golden State
Mobilehome Owners League. Staff recommends that Mr. Dufresne's letter be acknowledged and fried. Pulled
from the Con~ent Calendar.
Bruce Boogaard, City Attorney, reminded Council there was a mediation agreed upon between the parties
as advised to him by his assistant Mr. Rudolf. A memorandum of understanding was prepared by the
mediator and a letter was sent out by Mr. Rudolf on 10/9/91, a copy of which was given to Mr. Defresne
indicating that the mediation agreement stood even though it was never reduced to writing and it was being
implemented by the park owner.
Mayor Nader stated the letter received signed by two residents seemed to indicate that they did not accept
the mediated agreement and requested arbitration. He said that the City Attomey's comments indicated that
the residents had accepted. He asked if there was any documentation.
City Attorney Boogaard said there was just the mediator's Memorandum of Understanding.
Mayor Nader said it had been suggested that the process be tightened-up to assure prompt documentation
occurred in the future. He said the ordinance may need to be amended to state that the consent of the
parties to a mediated agreement was considered as having occurred when they both signed the mediated
agreement and was reduced to writing so there would be no confusion about whether the parties consented
or not.
Frederick Deffesne, 1925 Otay Lakes Road, Space 102, Chula Vista, CA, representing the Otay Lakes Mobile
Home Association, spoke in opposition to staff recommendation. He stated no one had signed the mediation
agreement. He wrote a letter to the City stating the residents wanted to go back to arbitration. They
received a letter from the City Attorney stating there would be no arbitration. He received a telephone call
from the American Arbitration Association asking if they were going to arbitrate or not because the American
Arbitration Association still had their money.
Councilman Malcolm asked how much their rental increase was percentage wise for current tenants.
City Attorney Boogaard said there was only a proposal to increase the rent for new, incoming tenants. It
was staffs recommendation not to make an amendment to the current ordinance until the results of the
current U.S. Supreme Court case were known. The current ordinance was a blend where the City tried to
arbitrate the rent increase on sale, not control it, and allowed for review of a fair return on investment.
Mr. Defresne said that they did not mind giving a fair return on investment, but did not think that a 60%
increase in space rent from one tenant to another was a fair return.
Councilman Moore asked if the rent had been increased for the regular, continued old time residents.
Mr. Defresne answered that it had been raised in 1991 by 6% and some had been raised in 1992 by 4.2%.
Minutes
March 17, 1992
Page 3
City Attorney Boogaard said the information his assistant had made the decision on seven months prior was
based on evidence received from staff which said an agreement had been reached and that the mediated
result would be the agreed upon result and implemented without objection by any party for seven months.
Now apparenfiy Mr. Defresne was saying that was not the case, There was reference to two separate
agreements. One was the mediator's decision and then there was a proposed settlement agreement by the
attorney for the park owner which n-led to reduce the mediated agreement to a written document to be
signed by all parties which was unacceptable to both the tenants and staff because addkional terms were
added.
Mayor Nader asked if all parties had been notified.
David Gustafson, Assistant Director of Community Development, could not respond specifically as to whether
they were because he did not have that information with him. The person from his staff that would know
was currenfiy out of the state.
Mr. Dufresne said that one of the major reasons why they denied the rent increase was because rent
increases were brought forward to people that were not a part of the arbitration group.
City Attorney Boogaard said that was something staff was currently looking into and would report back to
Council.
Leonard Pierson, 1925 Otay Lakes Road, Space 10, Chula Vista, CA, stated he was a new tenant and his rent
had been raised.
Henry Gil, 1925 Otay Lakes Road, Space 19, Chula Vista, CA, stated the rent was increased by 45% to 50o/o
when he bought his mobile home.
MS (Malcolm/Nader) refer back to the City Attorney and Community Devdopment Department to report
back to Council the foilowing week, the report could be verbal.
Mayor Nader said the report should address whether there was a mediated agreement. It seemed to him
if the owner sent back a proposed draft that was not the same as the mediated agreement that there was
no offer and acceptance. The other question would be where that left the City at that point. Did it mean
the City should go to arbitration, did the City push the park owner for immediate arbitration, or did the City
try to get the park owner to hold off on rent increases until the U.S. Supreme Court decision was be known.
Councilman Moore thought the park residents should elect or appoint a leader and the City should receive
a copy of who they were, what was taking place and who the arbitrator was. Staff should be keeping a line
of information so they would not have to guess, it would be in the file and available and if necessary could
be an information item to Council. The key was organization and the park residents were responsibile for
the organization not the City. The City staff was there to assist the park residents not to demand or to lead
and part of assisting them would be a good paper trail.
Mayor Nader suggested that Mr. Dufresne get together with the City Attorney.
VOTE ON MOTION: approved unanimously.
c. Letter requesting waiver of Public Facilities Impact Fee, Grading Plan Check Fee, Grading Permit Fee,
Plan Check Fee, Building Permit Fee; and deferral of the Transportation Impact Fee - Pastor Rick Johnson,
Risen Savior Ev. Lutheran Church, 391 Bay Leaf Drive, Chula Vista, CA 91910. Staff recommends this
request be referred to Planning staff for review and report back to Council.
Minutes
March 17, 1992
Page 4
d. Letter requesting financial assistance for New Renaissance, a vocal ensemble, from Chula Vista High
School partlcipatingin the National Events Waikiki Festival in Honolulu, Hawaft, April 23-26, 1992- David
Trevino, Director of New Renaissance, Chula Vista High School. Based on the City's current f'mancial
situation, it is recommended that Mr. Trevino's request be denied, but that staff notify the news media of
this request and air a computer-generated message during upcoming televised Council meetings. If,
however, the Coune~ decides that financial support is appropriate, the alternate staff recommendation would
be to direct staff to return to the City Council with a resolution authorizing the expenditure of $500 from
miscellaneous expenses to attend the National Events Waikiki Festival with the stipulation that the group
will perform at no cost at future City functions such as Cultural Arts Festival and the Youth Center
dedications. Pulled from the Consent Calendar.
MSC (Rindone/Nader) to return to Council with a Resolution to authorize the expenditure of $500 out of
miscellaneous funds. Approved 4--1 with Councilman Moore opposed.
e. Letter in opposition to installation of traffic median between Second Avenue and the 100 block of
Minor Avenue - Daniel Henderson, 150 "E" Street, No. A-S, Chula Vista, CA 91910. It is recommended that
this request be considered in conjunction with Item 18.
6. ORDINANCE 2497 AMENDING SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH THE CLASSIFICATIONS OF POLICE CAPTAIN AND ASSISTANT DIRECTOR OF BUILDING
AND HOUSING IN THE UNCLASSIFIED SERVICE OF THE CITY' OF CHULA VISTA (second reading and
adoption) - On 2/25/92, Council approved the movement of Police Captain classification from the Mid-
Management group to the Executive group, subject to ordinance adoption. Additionally, Council approved
placing the position of Assistant Director of Building and Housing in the Unclassifled Service; however, the
Municipal Code was inadvertendy not amended at that time. Approval of the ordinance will place both
positions in the Unclassified Executive Service. Staff recommends Council place ordinance on second reading
and approval. (Director of Personnel) 4/5th's vote required.
7. ORDINANCE 2495 CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO C-C-P FOR THE
SOUTHERN THREE ACRES OF THE PALOMAR TROLLEY CENTER PROJECT, AND MAKING FINDINGS TO
PERMIT APPLICATION OF THE "P" MODIFIER; AND CHANGING THE ZONE CLASSIFICATION FOR ZONING
CONSISTENCY SUBAREA B-3-A FROM APARTMENT RESID~ OR-3) TO APARTMENT RESIDENTIAL
WITH A P-MODIFIER. NOT MORE THAN TWENTY-TWO UNITS PER ACRE (R-3-P-22) (second reading and
adoption) - The City-initiated General Plan Amendment, Montgomery Specific Plan Amendment, and rezone
for three acres located on the southe~y side of Palomar Street are required actions for implementation of
an expanded 18.2 acre Palomar Trolley Center commercial project pursuant to Council/Redevelopment
Agency direction in August 1990. Staff recommends Council place ordinance on second reading and
adoption. (Director of Planning)
8. RESOLUTION 16535 INCREASING THE MAYOR AND COUNCILMEMBERS' SALARIES - Charter
Section 304(c) allows for cost of living increases in an amount equal to the increase in the Consumer Price
Index (CPI). Staff recommends approval of the resolution. (City Attorney)
9. RESOLUTION 16539 APPROVING AGRRRMENT BETWEEN THE CITY OF CHUIdk VISTA AND
LE-i-i1F. RI-MCINTYRE AND ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR
PROFESSIONAL SERVICES TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGF..K, AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGI~RRMENT - The Otay Ranch Project is entering the final processing
phases and additional assistance is needed in specific areas. The request that will allocate one additional
Lettieri-Mclntyre & Associates staff person to assist in coordination of such projects as the General
Development Plan text, Service/Revenue Plan and the Public Participation Program. Staff recommends
approval of the resolution. (Deputy City Manager Kremp1)
Minutes
March 17, 1992
Page 5
Councilman Rindone voted no on this item.
10. RESOLUTION 16S40 DESIGNATING CITY OFFICIALS FOR THE PURPOSE OF RE(~UF.~-II_~IG
SHORTENED ENVIRONMENTAL DOCUMENT REVIEW FROM THE OFFICE OF PLANNING AND RESEARCH -
State law mandates a 4S-day review period for Environmental Impact Reviews (FAR) and 30 days for
Negative Declarations. It also provides for a 30/21 day review upon a request for a shortened review period;
under limited circumstances, this could help fast-track projects. Staff recommends approval of the
resolution. (Director of Planning)
11. RESOLUTION 16541 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTANT SERVI(~S
WITH WJt.I/)AN AND ASSOCIATES FOR THE PREPARATION OF A PUBHC FACILITIES IrlNANCE PLAN
UPDATE FOR THE FASTLAKE I SPA PLAN/KAISER HOSPITAL PROJECT - The agreement for professional
consultant services with Willdan and Associates is for an update to the EastLake I Public Facilities Finance
Plan in conjunction with the proposed Kaiser Hospital project as required by the City's Growth Management
Ordinance, Staff recommends approval of the resolution, (Director of Planning)
12. RESOLUTION 16542 AMENDING THE FISCAL YEAR 1991/1992 BUDGET TO APPROPRIATE
FUNDS AND MAKE POSITION ADJUSTMKNTS RELATING TO THE NORMAN PARK (INTER - On 12/18/90,
the City awarded a $2.3 million contract for the renovation of Norman Park Center. ConsUmction began in
January 1991 and the staff moved to the new center on 2/17/92. In June, 1991, when the Norman Park
Center budget was being prepared for Fiscal Year [ivY3 1992, the anticipated completion date for this project
was not definite. Therefore, the Norman Park Center budget was approved for twelve months of this budget.
year for the 5,000 square foot building leased during construction of the new Center. The report describes
staffing issues, a new organizational arrangement, and the budget necessary to operate for March through
June in FY 1992 in the new building. Staff recommends approval of the resolution. (Director of Parks &
Recreation and Director of Public Works) 4/5th's vote required.
13. RESOLUTION 16536 APPROVING AN AGI~F.F. MENTWITH ERNSTANDYOUNG FORTE(I-INICAL
GEOGRAPHIC INFORMATION SYSTEM (GIS) CONSULTING SERVICES TO DESIGN AND IMPLEMENT THE
CITY-VVIDE GIS CAPITAL IMPROVEMENT PROJECT - The GIS system is a multi-year Capital Improvement
Project (CIP) which is currently budgeted for Fiscal Year 91/92. As part of the first phase, technical GIS
consulting services are necessary to assist in: (1) developing requirements definition for the GIS and
database design, (2) developing specifications for the GIS system, and (3) developing specifications for the
land base information and the digital base maps of the City. The agreement is in the amount of $40,260.
Staff recommends approval of the resolution. (Director of Public Works)
14. REPORT CHULAVISTATRANSIT(CVT) SERVICECHANGESFORFISCALYEAR1992/1993-
The report presents recommended CVT service changes for Fiscal Year 92/93. Staff recommends acceptance
of the report. (Director of Public Works) Pulled from the Consent Calendar.
Joan Wisser, 834 Lori Lane, Chula Vista, CA 91910, spoke in opposition to the staff recommendation. She
stated she had not seen or read much on the proposed changes and she was concerned with Route 703.
Bill Gustarson, Transit Coordinator, presented a slide presentation on the proposed changes. He said staff
was not recommending any future time changes for Route 703 in the next fiscal year.
Minutes
March 17, 1992
Page 6
Carolyn Butler, 97 Bishop Street, Chula Vista, CA, spoke in opposition to staff recommendation.
Councilman Malcolm asked Mrs. Butler what she specifically disliked about the proposed changes and what
route she felt was not adequately serving the people of Chula Vista.
Mrs. Buffer answered she did not like the cuts in Route 703 or the new Route 712. She asked why the City
should put money into a new bus when the system could be improved. The people using the buses should
be asked for their input. She was concerned about getting to Community Hospital, not only during the
week but also on the weekends, and the service to the Civic Center.
Richard Shubert, 350 Broadway, No. 15, Chula Vista, CA, spoke in opposition to staff recommendation. He
thought Route 702 should be changed, routes should run as long as the trolleys did and that there should
be seven day service. There were a lot of areas that should be looked at and explored.
MSUC (Nader/Rindone) to continue the item for a week to allow staff to investigate the concerns raised.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
15. PUBLIC HEARING TOCONSIDER COASTALDEVELOPMENTPERMITNUMBERFIFTY-SIXFOR
CONSTRUCTION OF A TWELVE4NCH WATERMAIN WITHIN THE EXISTING BAY BOULEVARD b-I-BEET
RiGHT-0F-WAYBETWEEN MOSS AND 'L' STREETS - In April 1991, the Council and Redevelopment Agency
approved the construction of Rohr's office building at 850 Lagoon Drive. During the approval process, it was
determined that Rohr would be required to install certain public improvements. One of those improvements
was the installation of a twelve-inch watermain in Bay Boulevard between Moss and "L" Streets to ensure
adequate fire service to the proposed building. Specific plans for the watermain have been reviewed and
approved by Sweetwater Authority. The City has completed environmental review of the project and issued
Negative Declaration IS-92-24. Staff recommends Council hold the public hearing and approve the
resolution. (Director of Community Development)
RESOLUTION 16543 ADOPTING NEGATIVE DECLARATION IS-92-24 AND ISSUING COASTAL
DEVELOPMENT PERMIT NUMBER FIFTY-SIX FOR THE CONSTRUCTION OF A TWELVE-INCH WATERMAIN
WITHIN THE EXISTING BAY BOULEVARD RIGHT-OF-WAY BETWEEN MOSS AND 'L' STREETS
This being the time and place as advertized, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
RESOLUTION 16543 OI~'H~D BY MAYOR NADER, reading of the text was waived.
Councilman Moore asked what time of the year the construction would take place.
lan Gill, Senior Vice President, Starboard Development Corporation, stated the work would start almost
immediately recognizing that it should be carried out during the summer months. He said that 'F' Street
would be closed during construction but because of the extent of improvements, they anticipated keeping
one lane of Bay Boulevard open.
VOTE ON RESOLUTION: approved unanimously.
Minutes
March 17, 1992
Page 7
16. PUBLIC HEARING TO CONSIDER THE DEFERRAL OF UNDERGROUNDING FJ AvCrRiCAL ~
ALONG NORTH FIFTH AVENUE - R.E. Hazard Contracting Company has requested that the City grant a
deferral of the undergrounding requirements imposed as part of the development of its property along North
Fif~ Avenue. Section 15.32.130 of the Municipal Code states that all deferrals of undergrounding must be
considered by Council at a publlc hearing and that the owner must enter into an agreement with the City.
Staff recommends Council hold the public hearing and approve the resolution. (Director of Public Works)
RESOLUTION 16544 APPROVINGTHEDEFERRALOFTHEREQUIRF_aMENTTOUNDERGROUND
12KV RT-~CTRICAL LINES ALONG FLTrlH AVENUE CRY), AND AUTHORIZING TIlE CI1Y MANAGER
TO EXECUTE THE REQUIRED AGB~MENT ON BEHALF OF THE CITY
John Lippit% Director of Engineering, presented the staff report.
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.
RESOLUTION 16544 OI.'~PAED BY COUNCILMAN MOORE, reading of the text was waived, pa~ed and
approved unanimously.
ORAL COMMUNICATIONS
a. Kay Dennison, 659 Jefferson Avenue, Chula Vista, CA 91910, representing the Commission on Aging,
thanked the Council and City for providing the new Norman Park Center for the senior citizens of the
community.
Councilman Moore stated that the grand opening for the new Center was scheduled for Saturday. March 28,
1992 at 1:00 p.m.
b. Helen Stokes, 1543 Max Avenue, Chula Vista, CA 91911, Vice Chair of the Commission on Aging, thought
with the new Norman Park Center and the new Youth Center it made Chula Vista one of the top ten cities
in the nation. She thanked the Council and City for all they had done.
c. James Lovette, 100 Woodlawn, Chula Vista, CA, representing Bayscene Mobile Home Park, said that
Richard Hall, the owner, was putting Bayscene Mobile Home Park up for sale. The residents hoped that the
Council would be successful in assisting them in the acquisition of the park. They were hoping to become
another Mobile Home Park such as the one on Orange Street where the City assisted the residents in a
similar project and where the residents were happy. For the last several years the residents of Bayscene
Mobil Home Park had to cope with high rent increases and management problems. The residents were in
favor of the acquisition. He said they had started passing around petitions.
Mayor Nader said there was a first fight to refusal ordinance on the books and assumed staff was working
with the residents.
David Gustarson, Assistant Director of Community Development, said staff had met with the residents, the
consultant talking to the residents, and the park owner's representative. Staff was working on gathering
information to bring back to Council.
Councilman Moore said that the government was here to assist, organization was the name of the game, but
the burden was on the residents.
Minutes
March 17, 1992
Page 8 ,
,/
Councilman Malcolm said he could not think of anything more important than the park residents becoming
the park owners, but the residents would have to be very dedicated because it would be a long difficult
process.
Mr. Gustarson confirmed that staff would keep Council informed.
ACTION ITEMS
17.A. .REPORT PARKING CONCERNS FOR THE 400 BLOCK OF ~L* STREET AND THE
YOUTH CENTER PARKING LOT - On 4/17/90, Council approved Resolution 15591 prohibiting parking on
both sides of "L" Street between Fourth Avenue and Fifth Avenue to allow for the addition of a two-way left
turn lane. Subsequent to the 4/17/90 meeting, staff received a request from the homeowners to rescind
Resolution 15591 and retain on-street parking. In response to the homeowners appeal, a public hearing was
conducted by the Council on 11/12/91 at which time staff was directed to look at redesigning the Youth
Center parking lot and consider access from Fifth Avenue or limiting access from "L" Street. Staff
recommends Council accept the report and approve the resolution. (Director of Public Works)
B. RESOLUTION 16537 ESTABLISHING A NO PARKING ZONE ON *L* STREET BETWT~EN FOURTH
AVENUE AND FIFTH AVENUE IN THE VICINITY OF THE YOUTH CENTER PARKING LOT DRIVEWAY AND
THE CASA VIANNEY CONDOMINIUMS AND RESCINDING RESOLDTION 15591 WHICH PROHIBITED ON-
b-[RF..ET PARKING FOR THE ENTIRE 400 BLOCK OF "L" STREET
Hal Rosenberg, City Traffic Engineer, gave a presentation on the eight alternatives and stated that staff
recommended Alternative Six.
Margaret Helton, 162 Mankato Street, Chula Vista, CA 91910, spoke in opposition to staff recommendatlon.
Councilman Rindone said he understood that the Safety Commission recommended prohibiting all parking.
Mr. Rosenberg confirmed that was correct.
Cheryl Sullivan, 440 "L~ Street, No. B, Chula Vista, CA 91911, spoke in opposition to staff recommendation.
Chuck Schrader, 440 "L" Street, No. I, Chula Vista, CA 91911, spoke in opposition to staff recommendation.
He presented photographs showing the parking and an article on the attendance at a football game at Chula
Vista High School.
Councilman Rindone said there was a common sense approach that could accommodate most of the needs
of all parties. The need for parking there was unquestioned. He suggested: (1) a double double yellow line
the entire length of "L~ Street which would not prohibit parking; or (2) a raised median down the street,
if the double double yellow line did not provide the effective safety standards that the Council wanted.
MS (Rindone/Grasser Horton) to direct staff to retain all parking and put a double double yellow line down
the entire block.
Councilman Moore thought the safety hazard was compounded by not allowing left hand turns and that
maybe it should be left as it was.
Councilman Malcolm asked if the item would still be before Council if the Youth Center was not going in.
Minutes
March 17, 1992
Page 9
Mr. Rosenberg answered no.
Councilman Malcolm suggested putting the double double yellow line down several hundred feet rather than
the entire block to see if that worked. If there were still problems then it could be extended the rest of the
way on the block. He was trying to reduce traffic and impact the fewest number of people.
Mr. Rosenberg said the greatest number of cars were turning left at the Youth Center and the condominium
project. If left turns were prohibited just at that location it would certainly reduce the risk. That would be
an option staff could exercise and then return to Council with a report as to whether or not it was successful
Councilman Rindone said he had a concern with the suggestion because it was a highly traveled street and
that could create more of a safety hazard.
VOTE ON MOTION: 3-2 with Councilman Malcolm and Councilman Moore oppose&
Mayor Nader suggested that staff monitor the situation periodically and report back to Council if there
appeared to be a hazard.
Councilman Malcolm excused at 7:13 p.m.
18. RESOLUTION 16538 LOWERING THE SPRRn LIMIT FOR THE100 BLOCK OF 'IP SYRF, L~TFROM
35 MPH TO 30 MPH; AND AUTHORIZING THE INSTAI .I ATION OF A PAINTED TRAFFIC MEDIAN B~
SECOND AVENUE AND THE 100 BLOCK OF MINOT AVENUE - The recent resurfacing of 'E' Street between
First Avenue and Third Avenue provides the opportunity to change the roadway striping between First
Avenue and Second Avenue to enhance traffic safety in the area. Staff recommends approval of the
resolution. (Director of Public Works)
Hal Rosenberg, City Traffic Engineer, presented a video of traveling on "E' Street.
Councilwoman Grasser Hotton asked if lowering the speed limit by five mph was in the original
recommendation.
Cliff Swanson, City Engineer, answered that it was not in staffs original recommendation.
Mr. Rosenberg said the original recommendation was to provide a continuous left turn lane but to prohibit
parking on the north side.
Councilwoman Grasser Hotton asked staff what they thought the ramification would be if only the first part
of the resolution was done and Council waited to see how that worked before doing the second part.
Mr. Swanson stated that staffs initial feeling was that it would probably not solve the problem.
Councilwoman Grasser Hotton asked how many accidents there had been in the last year.
Mr. Swanson answered that in a four year period there had been eighteen.
Mr. Rosenberg said that the actual accident rate, when compared with the state wide average for that type
of roadway, was a little higher.
Minutes
March 17, 1992
Page 10
RESOLLrfION 16538 OM-MIED BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved 4-0-1 with Councilman Malcolm absent.
19. RESOLUTION 16504 APPROVINGANAGRRRMENTWITHEASTLAKEDEVELOPMENTCOMPANY
REGARDING THE INTERIM FIRE STATION IN EASTLAKE - The agreement provides for an interim Fire
Station No. 6 to be constructed and equipped by EastLake Development Company on Lane Avenue in the
EastLake Business Center. The agreement preserves and clarifies the intent of the existing EastLake I SPA
Agreement, Part IlI: Public Facilities Financing Man and will enhance the level of fire protection services
in eastern Chula Vista. Target date for opening interim Fire Station No. 6 is S/10/92. Staff recommends
approval of the resolution. (Fire ChiefJ Continued from meeting of 2/18/92.
Councilman Malcolm returned at 7:24 p.m.
RESOLUTION 16S04 OFFLRED BY COUNCILMAN MOORE, reading of the text was waived.
Councilman Malcolm thought it would be difficult for the City to find $700,000 each year to operate the fire
station. It was time for the City to take another look at the Fire Department and that different options
needed to be looked at. Most of the calls were for medical emergencies, less than S°/'0 of the calls were for
structural fires. He questioned whether the Fire Department would be better served by having satellite
stations to respond to those medical emergencies but not in a fire truck. He thought the City needed to look
at how they were going to provide fire and medical services in the future and whether more paramedic
outstations should be provided. He suggested the fire department return to Council with some
recommendations.
Mayor Nader thought Councilman Malcolm made some good points but felt that there was a commitment
which needed to be fulfilled by providing the interim Fire Station No. 6. As a follow up, he proposed having
the fire fighters' input on how the City could more efficiently provide medical emergency services.
Councilman Malcolm asked the City Attorney if the condition of the tentative map was that EastLake build
a fire station.
City Attorney Boogaard answered that was correct.
Councilman Malcolm said the way he understood it was because they were paying DIF fees they would be
relieved of that condition and asked if they had to do that.
City Attorney Boogaard said the decision to put the fire station into the DIF was made several years ago and
established the policy that those costs would be spread to all developments. To change that now would be
a reversal of that policy statement, and could be done legally but it would not necessarily be fair.
Councilman Moore asked if the City could not afford to build a new fire station and staff it on an annual
basis and if it was because of how the money was being used from the income from the east or was it
because the income from the east was not enough.
John Goss, City Manager, said the problem with the overall budget had to do with the basic problems with
revenue structures of municipalities, it had nothing to do with the new development. In reviewing materials
presented by staff he was convinced that the new development would pay for the new facility and their
operations.
Mayor Nader said they would want to review that in more detail at budget time.
Minutes
March 17, 1992
Page 11
VOTE ON RESOLUTION: approved unanimously.
MSUC (Malcolm/Moore) to refer the fire service, medical service, etc. to staff to look at and repo~ hack as
to how response times could be increased and what should be done in regard to medical eme~es.
20. RESOLUTION 16545 APPROVING AN AGRI~RMENT WITH THE SWI~TWATF, R UNION HIGH
SCHOOL DISTRICT AND THE CHULA VISTA BOYS AND GIRLS CLUB FOR THE OPERATION ~
MAINTENANCE OF THE COMMUNITY YOUTH CENTER, AND ALrrHORIZING THE MAYOR TO EXECUTE
SAID AGIIR~JVIENT- At the 9/17/91 meeting, Council directed staff to negotiate and bring back an operating
agreement for the Community Youth Center. Specifically, it was Counc~'s intent to allow the Boys and Girls
Club to utilize the facility a majority of time when it is not in use by the School District. The agreement
would specify appropriate safeguards for facility operation and maintenance as well as establishing a review
period. Staff recommends approval of the resolution. (Director of Parks & Recreation)
Jess Valenzuela, Director of Parks and Recreation, stated that on Page 20-2, item "e~, of the packet, under
programming, there was a statement that "The Club will institute an interim program immediately pursuant
to an Interim Programming Plan..." and that language had been deleted. They were no longer requiring the
Club to provide an interim program. He felt all the safeguards had been addressed as to the operation and
maintenance of the Center.
Bob Fox, 1080 Winding Oak Drive, Chula Vista, CA 91910, spoke in favor of staff recommendation and
thanked the City Attorney and Mr. Valenzuela.
Councilman Rindone had asked staff a number of questions on the item and received satisfacwry answers
for all except one that he was concerned about. On Page 20-3, the public liability policy was reduced to one
million dollars and it had been his understanding that the Council had approved operating the facility for
no less than a five million dollar policy.
City Attorney Boogaard said the levels of insurance policies the City would have when the facility was
operational would be a one million dollar public liability policy carried by the Club, the School District
would have its own five million dollar policy and the City would have its existing insurance arrangement
for public liability risks which included a $2S0,000 self-insured retention, followed by a two million dollar
layer of primary coverage, followed by a ten million dollar secondary layer. Even though it would be better
to have a five million dollar policy operated and carried by the Club as originally intended, he felt the City
had adequate insurance coverage. The City would be paying the same premium they were currently. The
Club indicated during negotiations that they could not afford anything more than their current million dollas
policy. It was staffs intention to wrap the negotiations up because they were directed to reach what
agreement they could and bring the matter back to Council and advise them of the risks inherent in the
agreement and the report did that. He thought the City was adequately protected.
Councilman Moore stated he had a problem with the part on Page 20-18 that stated "...the City may cancel
the Club Time by giving notice to the Club 30 days in advance of the required date...' It seemed to him
there would be an annual contract so things could be done on an annual basis. He did not like the new
contract and said he would not support ir.
RESOLIJTION 16S4S OFFERED BY MAYOR NADER, reading of the text was waived.
City Attomey Boogaard said the provision of 30 day cancellation by the City was only to accommodate the
School District or performing arts activities that could come up. In lieu of the annual scheduling, there
would be quarterly scheduling of those activities so they could be brought to the attention of everyone at
Minutes
March 17, 1992
Page 12
that time. If a situation had not been previously considered and if the School District gave the City 60 days
advance notice then the City would have to make a decision and give the Club 30 days notice. The Club
would probably have substantially longer notice then the 30 days and should be accommodated at the
quarterly meetings.
Mayor Nader suggested doing two things in exercising those rights: (1) that the Club received S0 days notice
ff the City received 60 days notice; and (2) the City should make it clear that the School Disulct was
expected to schedule events far enough in advance so that a 60 day notice would be an unusual situation.
Councilman Moore said on Page 20-19, subparagraph 3.4.4, nSpecial City Function' it read ~Upon 30 days
notice to Club, City may cancel as to all or any room of the Facility, Club Time in order to prepare for,
conduct and clean up following any function authorized by the City Council of City to be held at said
Facility? He said that was a 30 day notice, but it was between the Club and the City and the School District
was not involved. He thought it was a win/win program where the School District would have access to
a facility that they could not afford and the City could give the community a facility without buying property
or relocating. The original agreement was primarily that the School District would use the facility during
school hours and other things would be negotiated on a mutual agreement on a year to year basis. The new
contract was entirely different.
Mayor Nader stated that he would not vote to preempt a function of the Boys and Girls Club on such short
notice unless it was really an emergency type situation.
Councilman Malcolm said that the way he read the contract was that the School District could use it during
school hours but only by mutual agreement could they use it at any other hour.
City Atromey Booguard said that the after school programs would be established by the School District on
a quarte~y basis and the City would permit that use up to 4:30 p.m. and advance notice would be given.
Councilman Malcolm referred to Page 20-11 of the original contract where it said the hours had to be
mutually agreed and now the School District was taking more hours. He was concerned about the children
when they got out of school. He thought the City should stay with what had been committed to the
community originally and that the City should go back to the School District to see if they would make their
own gymnasium available.
Mayor Nader thought the after school uses of the facility by the School District were subject to City approval
and asked if the City lacked the authority to say no.
City Attorney Booguard said that the City had retained the authority to say "yes" or "no" on the use of the
facility.
VOTE ON RESOLUTION: approved 4-1 with Councilman Moore opposed.
21. REPORT REGARDING POTENTIAL CHANGES TO THE ARTICLES OF INCORPORATION AND
BY-LAWS OF THE BAYFRONT CONSERVANCY TRUST - The Chairman of the Board of Directors of the
Bayfront Conservancy Trust (BCT) and the Board of Directors have requested that the Articles of
Incorporation and By-Laws of the BCT be amended to allow all members, with the exception of the San
Diego Unified Port District (at the Port's request), to be voting members, the addition of an additional -\
Citizen-at-Large member and an appointee of the Volunteers of the Nature Interpretive Center. This change ~J
would increase the number of voting members from nine to thirteen and still eliminate the possibility of a
split vote. Staff recommends acceptance of the report. (Executive Director, Nature Interpretlye Center)
Minutes
March 17, 1992
Page 13
Stephen Neudecker, Executive Director, Nature Interpretlye Center, presented the staff report.
MSUC (Malcohn/Nader) m accept the report.
MSUC CRindone/Malcolm) to amend Article V to add 'subject to approval by Counc~' at the end of the
second full paragraph on Page 21-12.
Mayor Nader stated that he expected staff to go over the specific changes with him in his capacity as Chair
of the Trust.
22. REPORT DISPOS1TIONOFSPACEATTHESENIORINFORMATIONANDREFERRALCENTER
AT MEMORIAL PARK - On 10/22/91, Council directed staff to provide a report on the potential use of the
Senior Information and Referral Center building located on Third Avenue in Memorial Park. Meetings have
been conducted between affected City Departments and the Downtown Business Association (DBA) to
formulate a use arrangement which is acceptable to all parties. Staff recommends acceptance of the report.
(Director of Parks & Recreation, Library Director, and Director of Community Development)
Jess Valenzuela, Director of Parks and Recreation, presented the staff report.
Councilman Moore said his original intent when he talked about enlarging the Norman Park Center was to
move the Senior Referral Center into the same building. His original motion and intent was for staff to
review the use of that building for possible temporary usage by the Downtown City Manager until they
found another one or until the building was better utilized. The intention was that the Historical Society
would take their things out of the president's garage and put it in public view and it would start to create
an interest and maybe lead to a bigger museum. But it certainly was not his intent that staff would operate
it or divert their time and attention to it. If the Historical Society did not want it he would like to go back
to his original intent that when the Senior Referral Center was empty the City would lease it and the money
would be there to help support Norman Park Center or something in the recreational depaxi~uent.
Councilman Malcolm said he would like to let the Downtown Business Association use it and ask them if
they would run some type of Visitor Information Center and that way the City would accomplish two things:
providing information to people coming into the City on where they could shop, where they could go, and
what the activities were, as well as address the Downtown Business Association. He did not know of any
other area in the City where so many millions of dollars were invested than downtown and to ensure the
viability of that by giving them some offices and some visibility, some exposure to be able to take comment~
and improve downtown, seemed to be well worth it.
MS (Malcolm/Rindone) refer to the Chamber of Commerce to ask their input on the use for the Downtown
Business Association as well as providing a Visitor Information Center.
Don Swanson, President, Downtown Business Association, said that the funding of the project was coming
from the Town Centre I Project Area so in a sense the business people were actually paying for the
maintenance of that building. The Downtown Business Association had made an agreement with the
Historical Society and they had no problem with that agreement, In fact they said that they would be happy
to oversee the volunteers that would staff it. He was sure that the Historical Society would go along with
the distribution of informational pamphlets.
MOTION WITHDRAWN (Malcolm/Rindone)
Minutes
March 17, 1992
Page 14
MS (Rindone/Malcolm) refer to various Boar& and Commissions as well as to the Chamber of Cornm~xce
and the Downtown Business Association, to gather input and direct staff to return to Council with
recommendation after providing further input and the Town Manager cotrid utilize the eastern office portion.
Rosemary Lane, Library Director, stated that the Historical Society was loosely organized and could not be
called a large, viable organization. The Historical Society had not felt they could actually organize the
volunteers and since the Library had worked with the Historical Society, staff thought the Library could lend
a hand by using the Library's membership list as well as the Library volunteers.
VOTE ON MOTION: approved unanimously.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ITEMS pUI.I.RD FROM THE CONSENT CAI.RNDAR
Items pulled: 5b, 5d and 14. The minutes will reflect the published agenda order.
OTHER BUSINESS
23. CITY MANAGER'S REPORT(S)
a. City Manager Goss stated there were five Tuesdays in March so there would not be a Council
meeting on the fifth Tuesday.
24. MAYORS REPORT(S) - None.
25. COUNCIL COMMFJqTS
Councilman Rindone
a. Requested that staff provide a status report on the Golf Course Fund consisting of how much was
in the Fund, its origin and the long range plan to utilize those funds. He said the report could be
informational.
Councilman Malcolm
b. Requested that two items be docketed under his comments the following week: (1) Selection of
recommended appointments to the Interjurisdictional Task Force, and (2) a resolution requesting the City
of San Diego support Biotech Industry in San Diego,
Minutes
March 17, 1992
Page 15
ADJOURNMENT
The City Council recessed at 9:35 and met in a closed session at 9:37 p.m. to discuss:
Personnel matter pursuant to Government Code Section 54957.6.
Adjoined at 9:40 p.m. to the Regular City Council Meeting on March 24, 1992 at 6:00 p.m. in the City
Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by:
Ca retary