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HomeMy WebLinkAboutcc min 1981/06/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - June 16, 1981 Council Chambers~ Public Services Building ROLL CALL Councilmen present: Mayor pro Tempore Scott: Councilmen Gillow, Cox, McCandliss Councilmen absent: Mayor Hyde Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Rebens The pledge of allegiance to the Flag was led by Mayor pro Tempore Scott, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of June 9, 1981 MSUC (Cox/Gillow) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY - Oath of office for Michael Green, Planning Commission City Clerk Fulasz administered the oath of office to newly-appointed Planning Commissioner Michael Green, and presented his Certificate of Appointment. 3. ORAL COMMUNICATIONS a. Cliff Roland, 1100 Industrial Boulevard, speaking on behalf of the students at Bonita Vista High School, requested that the policy regarding greens fees at the Chula Vista Municipal Golf Course be modified to permit students attending Chula Vista schools to purchase $25.00 student tickets. Council expressed general agreement that the request is consistent with the golf course policy. MSUC (Scott/Cox) to refer the request to staff for expeditious response. 4. WRITTEN COMMUNICATIONS a. Petition ob~ectin9 to the construction of a theatre at the corner of Third Avenue and "F" Street City Manager Cole advised Council that a petition signed by approximately 65 in- dividuals has been received protesting construction of a six-screen theatre on Third Avenue at "FI' Street in the Town Centre I Redevelopment area. MSUC (McCandliss/Cox) to refer the petition to staff. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING CONSIDERATION OF MODIFYING THE MASTER FEE SCHEDULE RELATIVE TO SEWER SERVICE CHARGES (Oontinued f~om the meeting of June ~, 1581) (CITY ENGINEER) This being the time and place as advertised, Mayor pro Tempore Scott opened the public hearing. City Engineer Lippitt reviewed his written report, commenting that the cost of providing sewer service to the community has risen dramatically since the last adjustment to sewer charges in June 1978 (Resolution No. 9162). The primary cause of the increases has been attributed to the escalating costs of operating and maintaining the Metro System. Projected sewer service income is insufficient to meet the City's sewer-related obligations in the coming fiscal year, and Mr. Lippitt recommended that the Master Fee Schedule be modified, effective July 1, 1981, as follows: (a) Single Family dwelling unit - $5.40 per month; (b) domestic other than single family - $0.43 per each hundred cubic feet of water usage; (c) com~nercial and industrial - $0.43 per each hundred cubic feet of water usage. It was noted that eight out of ten agencies serviced by the Metro System have in- creased or propose to increase their sewer service charges. Mr. Lippitt commented that only the capacity charge remains constant, while all other sewer-related charges increase with inflation. City Council Meeting -2- June 16, 1981 5. PUBLIC HEARING CONSIDERATION OF MODIFYING THE MASTER FEE SC~EDULE RELATIVE TO SEWER SERVICE CHARGES -- continued Responding to Council's question, staff explained that Tijuana does not contribute to operation of the Metro System inasmuch as that flow is covered by agreement between Mexico and the Federal government. Agencies participating in the Metro System are not charged. Cliff Roland, 1100 Industrial Boulevard, commented that treatment plants could be operated on methane gas produced as a by-product of treatment, thereby eliminating electricity costs. Staff commented that there is a proposal currently before parti- cipating cities to share the cost of a methane gas generator to be installed at the pumping stations. It is anticipated that positive cash flow would result from that installation over a period of time. The equipment is not currently available; however, staff anticipates coming back to Council with a recommendation in the near future. Jerry Valk, 291Camino Vista Real, questioned whether new subdivisions have caused any part of the increase in sewer charges. Staff responded that no part of the in- crease that is being requested for next year is due to those developments; that Metro System charges are based on actual flow; and that charges will be assessed after they start using the system. There being no further comments, either for or against, the hearing was declared closed. a. RESOLUTION IIO. 10495 MODIFYING THE MASTER FEE SCHEDULE RELATIVE TO SEWER SERVICE CHARGES The Resolution increases the sewer service charges for FY 1981/82, effective July 1, 1981. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. PUBLIC HEARING CONSIDERATION TO INCREASE CERTAIN RATES FOR MISSIQN CABLE TELEVISION, INC. (Continued from the meeting of June 2, 1951) (DIRECTOR OF FINANCE) This being the time and place as advertised, Mayor pro Tempore Scott reopened the public hearing. Chief Accountant Franken reviewed previous Council consideration of Mission Cable's request for rate relief from $9.60 to $10.50 per month effective August 1, 1981. At the June 2nd public hearing the City Council requested additional financial in- formation to justify an increase. Mission Cable submitted appropriate financial statements, and Mr. Franken commented that the increase is justifiable. City Manager Cole corrected an error in the Resolution. The Commercial Service Non- Transient 20-Channel System should reflect a current rate per outlet of $5.75 and a proposed rate of $6.30. James Smith, representing the applicant, responded to Council questions related to the commercial/bulk rate which is 60% of the residential rate. He explained that Mission Cable sends one bill for developments wishing to have cable service for all units in the complex; subsequent savings in billing costs and savings resulting from Mission Cable dealing only with the property owner and not individual tenants are passed on to the tenants. Additional discussion related to the bulk service option. It was noted that the majority of non-transient service is provided to tenants and not entire complexes; that only direct costs of service can be passed on to tenants in developments which are served by bulk service; and that the commercial rate applies to mobile homes, and apartments, and condominiums through direct contract with the homeowner associations. City Council Meeting -3- June 16, 1981 6. PUBLIC HEARING CONSIDERATION TO INCREASE CERTAIN RATES FOR MISSION CABLE TELEVISION, INC. - continued Mr. DiRienzo,837 Cinnamon, stated that he represented several tenants and questioned Mission Cable's refusal to underground their service since San Diego Gas & Electric Company was required to go underground. City Attorney Lindberg commented that according to the franchise agreement, Mission Cable is obligated to go underground as undergroundin9 occurs in new areas and as it progresses throughout the City. Mayor pro Tempore Scott noted the problem and announced that it would be taken up after the hearing since it was not directly related to the rate increase. There being no further comments either for or against, the hearing was declared closed. a. RESOLUTION NO. AMENDING RESOLUTION NO. 10087 APPROVING INCREASED RATES FOR MISSION CABLE (COX CABLE) TELEVISION, INC. The resolution amends Resolution No. 10087 by increasing the basic subscriber rates in the City from $9.60 to $10.50 per month, effective August 1, 1981. Mayor pro Tempore Scott spoke against the increase to $10.50, commenting that he considered it arbitrary since rates are projected one year in advance, and suggested that an increase of $10.00 be considered by Council. Mr. Smith, speaking on behalf of the applicant, stated that there is no difference in the product being delivered to justify a different rate for Chula Vista residents, and that a different rate would increase costs by requiring time-consuming adjustments to internal operating and billing procedures. MSUC (Scott/Cox) that the rate for 20-channel service be set at $10.00 per month and that staff come back next week with any changes to the other rates of service which they determine to be proportional. MSUC (Cox/McCandliss) to refer the DiRienzo problem for investigation by staff and an oral report next week. 7. PUBLIC HEARING CONSIDERATION OF CONTINUATION OF CHULA VISTA TOWN CENTRE NO. I STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT ~0. 1981/82 (CITY ENGINEER) This being the time and place advertised, Mayor pro Tempore Scott opened the public hearing. The City Engineer commented that last year was the first year for establishment of the Town Centre I Street Lighting and Landscape Maintenance District. As required by the State code, a public hearing was scheduled to review the assessments for the next fiscal year and to order the formation of the district and affirm the assess- ments, totalling $15,085.70 for the 1981/82 period. Mr. Lippitt added that the City will continue to use the services of the contract employee hired for the district last year. There being no further comments either for or against, the hearing was declared closed. a. RESOLUTION NO. 10496 ORDERING THE CONTINUATION OF THE TOWN CENTRE NO. I STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT 1981-82 AND LEVYING THE ASSESSMENTS The resolution approves ordering the formation of the district for FY 1981/82 and levys assessments totalling $15,085.70. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the text was waived by unanimous consent, passed and approved unanimously, City Council Meeting -4- June 16, 1981 8. PUBLIC HEARING CONSIDERATION OF CHANGE OF ZONE FOR 290 "H" STREET AND ADJACENT LOTS FROM R-3 TO C-O (Oontinued from the meeting of June 2, 1981) (DIRECTOR OF PLANNING) This being the time and place as advertised, Mayor pro Tempore Scott reopened the public hearing. Director of Planning Peterson explained that this item involves a request to rezone a .49 acre parcel located at 290 "H" Street from R-3 to C-O. He commented that the Planning Commission also recommended rezoning of the two parcels located immediately to the west and contiguous to the subject property from R-3 to C-O since both parcels meet where two land use designations coincide. On April 22, 1981, the Planning Commission adopted the Negative Declaration on IS-81-34 and requests that Council concur with their recommendation for rezoning and adoption of the Negative Declara- tion. Mr. Peterson commented that the problems between the property owner and lessee have been resolved and that both parties are in agreement with the zoning changes. Staff's recommendation included three guidelines which would (1) limit the develop- ment of .49 acre parcel to three stories (35 feet in height); (2) require that the applicant retain as many trees on-site as possible; and (3) require a 25-foot setback from both the east and south property lines for any building over one-story in height. a. ORDINANCE NO. 1946 REZONING .49 ACRE AT 290 "H" STREET FROM R-3 TO C-O-P AND .32 ACRE ADJACENT TO THE WEST FROM R-3 TO C-O FIRST READING The ordinance rezones a .49 acre parcel at 290 "H" Street from R-3 to C-O-P, and a .32 acre parcel adjacent to the west from R-3 to C-O. MSUC (Cox/Scott) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. 9. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE BUDGET FOR FY1981/82 (CITY MANAGER) City Manager Cole commented on the preliminary budget for fiscal year 1981/82 and requested that adoption of the final budget be continued to the next meeting since negotiations with various employee groups were not concluded in time to include salary requirements in the final budget manual. He distributed a memo reflecting modifications in various activities from previous budget sessions, and Council recommended that he address each change prior to calling for the public hearing so that members of the public would have the specific information. The following modifications were discussed: (1) Account 5269 - Equipment Maintenance City Forces (+$74,390) - Mr. Cole explained that this is an enterprise account which would proportionally spread to all departments, thereby increasing each individual budget. MSUC (McCandliss/Cox) to approve staff recommendation to increase Account 5269 - Equipment Maintenance City Forces by $74,390. (2) Activity 1420 - Engineering Design and Construction Account 5568 (+$640) - This adjustment is related to safety lights required by OSHA for engineering inspectors' vehicles. MSUC (McCandliss/Cox) to approve a $640 increase in Activity 1420, Account 5568, Other Equipment, for five safety lights. (3) Activity 0250 - Personnel - Account 5201 - Professional Services (+$850) - This increase is related to Council's action in previous budget review sessions regarding budgeting funds for pre-employment physicals on a selective basis. MSUC (Gillow/McCandliss) to approve an increase of $850 in Activity 0250, Account 5201 (Professional Services) for pre-employment physicals on a selective basis. City Council Meeting -5- June 16, 1981 9. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE BUDGET FOR FY1981/82 (4) Capital Improvement Pro~ram - Mr. Cole recommended approval of Block Grant Pro- jects 101 (Neighborhood Recreational Facilities + $198,300) and 108 ("G" Street Mini Park - +$26,700) now that environmental clearance has been received. Council commented on the opposition of area residents to the "G" Street Mini park and re- lated problems, and recommended further study and possible reconsideration next year. MSUC (Scott/McCandliss) to eliminate $26,700 allocated for the %" Street mini park in BGi08. Mayor pro Tempore Scott presented a motion, seconded by Councilman Gillow, to continue looking at the "G'' Street Mini Park, meet with the area residents, and report back to Council sometime during the year. However, Council noted that last week a Council Conference was requested for that purpose. The motion was withdrawn with the consent of the second. Gas Tax (GT139) and Residential Construction Tax (RC-13) - Mr. Cole commented that both funds covering East "H" Street Construction, are contingent upon environmental clearance for the project which has not been granted. He recommended deletion of $450,000 in GT-139 and $217,000 in RC-13, to be held in reserve in the General Fund. MSUC (Cox/McCandliss) to revert to the General Fund amounts allocated in GT-139 ($450,000) and RC-13 ($217,000). Council commented on carrying over the balance remaining in Ne~§hborhood Watch Program funds of approximately $2,000. Staff noted that the balance is currently in Community Promotions and should be transferred to a line account and suggested "Non-Departmental". Mayor pro Tempore Scott spoke against the topic, advising that it was out of context and should be considered after an opportunity to review what action and discussion has taken place regarding the Neighborhood Watch Program. MSUC (Scott/Gillow) to hold this over until the budget comes back to see what is left in Neighborhood Watch and to place it on the agenda at that time to possibly be included when we discuss the budget. Responding to Council queries regarding money budgeted for "Our House", Assistant City Manager Asmus commented that a report on "Our House" is scheduled for next week's agenda in time for consideration in the final budget. Councilman Cox commented on discussions during budget session last year allocating $25,000 for economic development. MSUC (Cox/Gillow) to include in the budget $25,000 to be frozen until specific programs to utilize it exclusively for economic development are developed. MSUC (Cox/McCandliss) to continue the public hearing to next week, noting that the hearing will include consideration of the budget and revenue sharing. CONSENT CALENDAR MSC (Gillow/Cox) to approve and adopt the Consent Calendar as submitted. Mayor pro Tempore Scott voted "NO" on Resolution No. 10500 (Item No. 13). 10. RESOLUTION NO. 10497 ACCEPTING GRANTS OF EASEMENT FROM DAVID AND ERIKA ALEXANDER AND LIEF G. PEDERSEN AT THE SOUTH END OF PALM DRIVE (CITY ATTORNEY) The resolution accepts easements for maintenance of 158 feet of 8" sewer main in Palm Drive and directs the City Clerk to forward the documents to the County Recorder for recordation. 11. RESOLUTION NO. 10498 APPROVING WAIVER OF UNDERGROUNDING REQUIREMENTS FOR THE L&L DEVELOPMENT COMPANY'S BONITA HACIENDAS SUBDIVISION (CITY ENGINEER) The resolution approves the request of the L&L Development Company for waiver of undergrounding requirements for 12 KV lines crossing property now under development. The waiver was granted by Council at a public hearing held on June 2, 1981. City Council Meeting -6- June 16, 1981 CONSENT CALENDAR -- continued -- 12. RESOLUTION NO. 10499 ACCEPTING SEWER EASEMENT FOR 8" SEWER MAIN IN CANYON PLAZA SHOPPING CENTER, PHASE II (CITY ENGINEER) In January of this year, the 8" sewer installation in Phase II of the Canyon Plaza Shopping Center was inspected and accepted by the City. The resolution accepts the easement granted by the owner, Telegraph Canyon Plaza, Ltd., for maintenance purposes, 13. RESOLUTION NO. 10500 DESIGNATING CENTER STREET AS A ONE-WAY STREET (EASTBOUND) BETWEEN THIRD AVENUE AND DEL MAR AVENUE (CITY ENGINEER) At the June 9, 1981 meeting, Council approved designation of Center Street as one- way (eastbound) in order to increase the parking supply in the downtown area. Staff was directed to modify the resolution then presented to allow for a trial period not to exceed six months, Councilman Scott dissenting. RESOLUTIONS AND ORDINANCES, FIRST READING 14. RESOLUTION NO, 10501 AWARDING PUBLIC LIABILITY INSURANCE COVERAGE (DIRECTOR OF FINANCE) Staff reported that the City Council approved the Insurance Budget for 1981-02 with the exception of the Public Liability Insurance Coverage. Staff was directed to contact an outside Risk Management Consultant to review and determine the City's proper self-insured retention level. The firm of Warran, McVeigh & Griffen was selected to conduct the risk management study and as a result, it is recommended that Council maintain the present $500,000 self-insured retention level and accept insurance Option I-A proposed by Creaser & Price Insurance Agency at a total cost of $25,000 (Canadian Indemnity Insurance Company). RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by unanimous consent, passed and approved unanimously. Assistant City Manager Asmus commented on the status of the joint powers negotiations with the County of San Diego for group purchasing of public liability insurance, and advised that draft language for the JPA is currently before City Attorneys of participating cities within the County. 15. RESOLUTION NO. 10502 APPROVING COMPUTER FACILITIES MANAGEMENT CONTRACT WITH EDP MANAGEMENT, INC. (DIRECTOR OF POLICY ANALYSIS AND PROGRAM EVALUATION) Director of PAPE Thomson commented on his written report concerning the City's contract with EDP Management, Inc. for supervision and operation of the City's computer center. This arrangement has involved the stationing of an on-site Data Processing Manager who directs five city employees; provides systems analysis and programming services for the City and coordinates the marketing provision of data processing services to outside agencies. The current contract with EDP Management became effective May 18, 1980, for a period of one year, unless both parties agreed to extend the contract. Mr. Thomson reported that a new one-year agreement has been negotiated to become effective July 1, 1981, and recommended that Council adopt the resolution approving the new agreement. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the text was waived by unanimous consent, passed and approved unanimously. 16. RESOLUTION NO. 10503 ACCEPTING BIDS AND AWARDING CONTRACT FOR TRANSIT INFORMA- TION - KIOSK AND TRANSIT PASSENGER SHELTERS FOR CHULA VISTA TRANSIT ~CVT/ AND ASSIGNING CONTRACT TO SCOOT (DEVELOPMENT SERVICES ADMINISTRATOR) Staff reported that sealed bids were opened on May 18th for one transit information kiosk and two transit passenger shelters to be placed at the Chula Vista Transit Center. The low bid was submitted by Ace Aluminum, Fresno, California. It was accordingly recommended that Council accept the bids, award the contract to Ace Aluminum and assign the contract to SCOOT. RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -7- June 16, 1981 RESOLUTIONS AND ORDINANCES, FIRST READING -- continued 17. RESOLUTION NO. ACCEPTING BIDS AND AWARDING CONTRACT FOR BENCHES FOR CHULA VISTA TRANSIT CENTER AND ASSIGNING CONTRACT TO SCOOT (DEVELOPMENT SERVICES ADMINISTRATOR) One bid was received and opened on May 18, 1981 for six benches to be placed at the Chula Vista Transit Center. It was recommended that Council accept the bid and award the contract to Landscape Forms, Inc., and assign the contract to SCOOT. Discussion followed concerning the high cost of the benches; staff commented that they are longer than benches purchased in the past and are constructed of more expensive purple hardwood because of its durability, Responding to Council queries, staff commented that MTDB would have charged a 15% administrative cost for including our project in their bid and that inquiries were made at MTDB as to the cost of their border station benches, but without re- sponse from the Project Engineer. MSUC (Scott/Cox) to hold this over for one week to obtain information on MTDB bids and additional cost estimates for the benches. 18. RESOLUTION NO. 10504 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AN~ SCOOT FOR TRANSIT SERVICES FOR FY 1981/82 (DEVELOPMENT SERVICES ADMINISTRATOR) Development Services Administrator Robens summarized his staff report, explaining that SCOOT was created as a joint powers agency between the City of Chula Vista and the County of San Diego in August 1979, to provide transit services to both members. In consideration for this service, SCOOT makes claims against each member's Trans- portation Development Act allocation based upon the service provided. The resolution approves the agreement for provision of transit service by SCOOT within the City of Chula Vista for the 1981/82 fiscal period. Responding to Council questions, staff commented that it is to the City's benefit to remain members of SCOOT in order to promote cooperation and a positive working relationship with the County and to provide uniform transit coordination in the South Bay area, and that there has been no formal response from other South Bay area cities regarding joining SCOOT. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. RESOLUTION NO. 10505 APPROVING AGREEMENT WITH COMMUNITY TRANSIT SERVICES~ INC. TO OPERATE HANDYTRANS FOR FY 1981/82 (DEVELOPMENT SERVICES ADMINISTRATOR) Staff reported that the current agreement with Community Transit Services, Inc. (CTS) to operate HandYtrans terminates on June 30, 1981. Proposals were solicited from qualified firms and a committee reviewed and evaluated three proposals submitted. CTS was selected as the firm best qualified to provide the specialized transportation services specified and the resolution approves the agreement with Community Transit Services, Inc. for the period July 1, 1981 to June 30, 1983. Council commented on increasing the service to include Saturday and Sundays; staff noted that numerous requests were made for Sunday and weekend service and that, al- though hours of service are increased, there is no increase in the number of vehicles used. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the text was waived by unanimous consent, passed and approved unanimously. 20. RESOLUTION NO. 10506 APPROVING RENEWAL OF CONTRACT WITH MAINSTEM (DEVELOPMENT SERVICES ADMINISTRATOR) Development Services Administrator Robens reviewed his written report commenting that the City's contract with Mainstem, entered into in August 1975, for equipment maintenance management service must be extended each year. He requested that Council adopt a resolution extending the contract for 1981/82. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -8- June 16, 1981 RESOLUTIONS AND ORDINANCES, FIRST READING -- continued 21a. RESOLUTION NO. APPROVING AGREEMENT WITH 805 PROPERTIES FOR CONSOLIDATION OF LOTS (CITY ATTORNEY) b. RESOLUTION NO. DECLARING INTENTION TO VACATE A PORTION OF AN UNNAMED STREET WEST OF VISTA DRIVE AND SOUTH OF 1-805 City Attorney Lindberg referred to his staff report and explained that a portion of an unnamed street west of Vista Drive and south of 1-805 serves no present or future public street purpose, except to serve as access for the existing four parcels lo- cated on the north side. The property owner has executed an agreement, to consolidate the four parcels with the condition that the unnamed street, if vacated, be divided and sold one-half to himself and one-half to the adjacent property owner on the south side. Mr. Lindberg requested that Council consider consolidation of the four parcels and determine whether or not the disposition of the right-of-way - 50% to each property owner, in the event that the street should be closed, would be in the best interest of the City. If so, he advised setting the street vacation for public hearing on July 7, 1981. Mike Poynor, attorney for Mr. Frank Ferreira, 225 Broadway, San Diego, spoke in opposition to the City's resolution noting that that same property was previously owned by Mr. Ferreira and was acquired by the State through condemnation~ further, that in fairness he should be given the opportunity to reacquire the property. In addition, he alleged that the procedure before Council circumvents the intent of the Charter and Code by eliminating a bidding procedure and public hearing to assure that the highest price is obtained. On behalf of Mr. Ferreria, Mr. Poynor offered $5,000 over the appraised value to purchase the property. Responding to Council, City Attorney Lindberg stated that the normal process would be to conduct a public hearing to determine the issue of street vacation and have Council attach conditions to the vacation which would determine the disposition of the property, both as to who acquires the property at sale or to request an amount be paid or a bid process be conducted° Until such time as there is agreement to consolidate the four parcels on the north, owned by 805, Inc., it would not be in the City's legal interest to consider vacation of the street since that street presently serves as access to those four properties. Mr. Ferreira and Mr. York each addressed Council relative to their respective interests in ownership of the street, if vacated. Mr. Ferreira commented that a plan for consolidation of the four parcels should be presented by Mr. York and Mr. York stated that their claim to 50% of the street is based on the fact that the street was installed for the sole purpose of serving the four parcels which he owns. Responding to Council, Mr. York reiterated his preference for first right of refusal on the ~hole street, and stated that the lot~ would be consolidated at such time as the City signs such an agreement. City Attorney Lindberg commented that disposal of the property according to the Streets and Highways Code does not require a bidding process, and he advised against Council considering street vacation without a consolidation agreement because remaining properties would then be landlocked. Additional discussion ensued among Council and all interested parties concerning alternatives for disposition of the properties; consolidation of the parcels; vacation of the street and proper procedures and a meeting of the interested parties to work toward an agreement that would meet both their needs. MSUC (Scott/McCandliss) to continue the matter for one week to restructure the meeting and related proceedings. 22. ORDINANCE NO. 1947 PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT "J" STREET M~RINA AND BOAT LAUNCHING AREA - FIRST READING As proposed by the Director of Public Safety, the ~rdina~c~.prohibit~ the consumption of alcoholic b~ver~ge~ at the '~, Street~Marina and boat launching ramp area. City Council Meeting -9- June 16,I981 22. ORDINANCE N0~-1947 PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT "J" STREET MARINE & BOAT LAUNCHING AREA -- continued Mr. Niek Slijk, 4450 Vista Nacion, noting that he was speaking only for himself, opposed the ordinance stating that it would place a restriction on law-abiding citizens from taking beer or wine on a picnic because of the acts of a few delinquents. It was moved by Councilwoman McCandliss to amend the ordinance to set a winter enforcement period of 6:00 p.mo~to 9:00 a.m. and a summer enforcement period of 9:00 p.m. to 9:00 a.m. for a trial period. The motion failed. Director of Public Safety Winters expressed preference for full-time enforcement, and recommended a trial period of six months for total prohibition. MSUC (McCandliss/Scott) to place the ordinance on first reading with the amendment that it is to come back for review in six months° The reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 23. ORDINANCE NO. 1942 PREZONING 43 ACRES AT THE NORTHWEST QUADRANT OF BROADWAY AND OXFDRD STREET TO C-C AND I-L-P - SECOND READING AND ADOPTION (DIRECTOR OF PLANNING) The ordinance prezones the 43 acres of property at the northwest quadrant of Broad- way and Oxford Street to C-C and I-L-P, in accordance with Planning Commission Resolution PCZ-81-E. It was placed on first reading on June 9, 1981. MSUC (Cox/McCandliss) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. 24. ORDINANCE NO. 1943 PREZONING APPROXIMATELY 18 ACRES LOCATED EAST OF INDUSTRIAL BOULEVARD BETWEEN OXFORD AND PALOMAR STREETS TO C-C-P -- SECOND READING AND ADOPTION (DIRECTOR OF PLANNING) The ordinance which involves a City-initiated prezoning of 18 acres located between Oxford and Palomar Streets and between Industrial Boulevard and the Fed Mart property, was placed on first reading on June 9, 1981. The subject property is in the process of annexation and the prezoning is prerequisite to such annexation. MSUC (Cox/Gillow) to place the ordinance on second reading and adoption, The reading of the text was waived by unanimous consent, passed and approved unanimously. 25. ORDINANCE NO. 1944 AMENDING SECTION 2.09.010 OF THE MUNICIPAL CODE RELATING TO THE DIRECTOR OF PUBLIC SAFETY -- SECOND READING AND ADOPTION (CITY ATTORNEY) The ordinance was placed on first reading on June 9, 1981 and directs that the position of Director of Public Safety established in February 1980 be extended for one additional year to July 1, 1982. MSUC (Scott/Cox) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. 26. ORDINANCE NO. 1945 AMENDING THE CHULA VISTA MUNICIPAL CODE ELIMINATING THE PROHIBITION OF PINBALL MACHINES - SECOND READING AND ADOPTION (CITY ATTORNEY) The proposed ordinance was placed on first reading on June 9, 1981 and would repeal all restrictions on the operation of pinball machines within the City of Chula Vista. MSUC (Cox/Scott) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. 27. REPORT OF THE CITY MANAGER a. MSUC (Scott/McCandliss) for a Closed Door Session to discuss employee negotiations. b. Mr. Cole distributed Redevelopment Agency agenda packets for the meeting of Thursday, June 18, 1981. City Council Meeting -10- June 16, 1981 REPORT OF THE CITY MANAGER -- continued c. The City Manager reported on the City's involvement with fires around the County, noting that two pumpers and eight firefighters assisted in Santee today and two pumpers and eight firefighters assisted in Lemon Grove and Spring Valley yesterday. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 28. Report on bicycle safety enforcement program (Director of Public Safety) The Director of Public Safety submitted a report concerning the City's"Bike Safety Program". He commented that the program includes both enforcement and education and presentation of safety talks at the elementary school level. MSUC (McCandliss/Scott) to accept the report. 29, Report on request from Harriett Stone for Participation in public improvements at the intersection of Broadway and "H" Street (City Engineer) City Engineer Lippitt summarized his written report, indicating that Harriett Stone, owner of commercial property at the southwest corner of Broadway and "H" Street is presently redeveloping the major part of the property. The Mobil Station is not now part of that redevelopment, and Mrs. Stone is considering terminating the lease with Mobil and redeveloping that corner as a savings and loan. In conjunction with the project, the City presently has a need to install a right-turn lane on "H" Street and desires also to install a bus turnout lane on Broadway. When the building permit was processed for the redevelopment of the shopping center, Mrs. Stone dedicated right of way for an exclusive right turn lane on Broadway at the request of the City. Mrs. Stone has now offered that, if the City were willing to participate in this project, she would be willing to dedicate all the necessary right of way, pay for closing the existing driveways and replace with sidewalk, as appropriate. She also requested that the City pay for the additional costs to provide the bus turnout lane on Broadway and the right-turn lane on '~H" Street. Mr. Lippitt noted that the City would be able to install the two improvements at considerable savings. MSUC ( Gillow/McCandliss ) to accept staff's report and Mrs. Stone's offer, and direct staff to return with an agreement and resolution appropriating the necessary funds. 30. Report re§ardin§ request of Anthony Klopper to move nei§hborin§ gara§e from three feet to five feet from property line at 210 Sea Vale Street (Director of Planning and Director of Building and Housing) Director of Planning Peterson reported that he and Director of Building and Housing Grady met with Mr. Klopper at his residence on Sea Vale Street and that Mr. Klopper now understands that zoning regulations do provide for a 3-foot sideyard for a de- tached accessory building. Mr. Klopper is now apparently more concerned about the condition of the building and staff reports that the building will be brought up to Code and lowered to 15 feet within 90 days; in addition minor termite repair will be done and the building will be painted~ MSUC (Cox/McCandliss) to accept the report. 31. Report on agreement between SCOOT and Imagery for conductin~ a comprehensive marketing program for FY 1981/82 (Development Services Administrator) Transit Coordinator Gustafson reported that the current agreement with Imagery expires on June 30, 1981, and contains an option to renew the agreement for one additional year. He commented that the contract cost has been reduced from $35,000 to $25,000 but is similar to the current agreement in other respects. Responding to Council, Mr. Gustafson commented that the advertising Public Broad- casting Service guide expires at the end of this month and will not be renewed. MSUC (Gillow/McCandliss) to accept the report. City Council Meeting -11- June 16, 1981 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS -- continued 32. Report on advertisin~ lease a~reement between SCOOT and TDI/Winston Network~ Inc. for Fiscal Year 1981/82 (Development Services Administrator) Development Services Administrator Robens summarized his staff report explaining that the current agreement between SCOOT and TDI~Winston ~et~ork ter~igatqs~Qn June 30, 1981. The Transit Coordinator solicite~ proposals Trom qua/iTieo ~rms to place exterior ads on CVT buses and TDI/Winston was the only firm that re- sponded to the Request for Proposal. Mr, Robens commented on the proposed agreement, indicating that it contains a two-year term from July 1, 1981 to June 30, 1983; a 50% net income to SCOOT; or a minimum monthly guarantee of $490 ($11,520 for the full two-year term). MSUC (Cox/McCandliss) to accept the report. 33. Report on a§reement between SCOOT and Aztec Bus Lines to provide intra-city bus service in the City of Chula Vista for 12 months commencing July 1, 1981 (Development Services Administrator} Development Services Administrator Robens a~d Transit Coordinator Gustafson reported that the current agreement with SCOOT and Aztec Bus Lines to operate Chula Vista Transit (¢VT) terminates on June 30, 1981 and that Aztec Bus Lines submitted the only responsive proposal to the Request for Proposal sent to 14 firms. Staff sum- marized the report and commented that the agreement to continue operation of CVT for FY 1981/82 includes, among other provisions, a cost of $913,429 with adjustments to be made based upon any deviation in fuel prices from $1.15 cost per gallon con- tained in the agreement, or based upon the difference between the CPI and the 12% inflation factor included in the agreement. In addition, the 1981/82 agreement re- quires that an Aztec supervisor be assigned on-site in Chula Vista a minimum of 20 hours per week. MSUC (Gillow/Cox) to accept the report. 34. Report on Chula Vista Transit and HandYtrans operations for third quarter 1980/81 (Development Services Administrator) Development Services Administrator Robens and Transit Coordinator Gustafson reported on the operating statistics stating that the reports have been submitted to the CVT Advisory Committee and to the Chula Vista Elderly and Handicapped Transportation Ad- visory Committee. In summary, staff commented that CVT ridership for this quarter is 8.1% lower than the third quarter of 1979/80, reflecting a nationwide trend in lower transit ridership; CVT's farebox recovery ratio increased 16% from the pre- vious quarter. HandYtrans carried an average of 117 passengers per day, an increase of 0.3% from the previous quarter, while other performance indicators also improved. Staff noted that SCOOT submitted TDA claims to MTDB and SANDAG of $973,162 for Chula Vista Transit and $218,450 for HandYtrans. MSUC (McCandliss/Cox) to accept the report. 35. MAYOR'S REPORT - None 36. COUNCIL COMMENTS - None Council adjourned to Closed Door Session at 9:25 p.m. The City Clerk was excused and the City Manager reported that the Closed Door Session ended at 10:30 p.m. ADJOURNMENT at 10:30 p.m. to the meeting scheduled for Tuesday, June 23, 1981 at 7:00 p.m.