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HomeMy WebLinkAboutcc min 1986/02/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, February 11, 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Members Present Mayor Cox; Councilmembers Scott, McCandliss, Moore, Malcolm (arrived late) Members Absent None Staff Present Assistant City Manager Asmus, Assistant City Attorney Gill PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to ~he Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of February 4, 1986. MSUC (Moore/McCandliss) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY - None. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR APPOINTMENT RECOMMENDATIONS TO REGIONAL GROWTH AND PLANNING REVIEW TASK FORCE - Martinus W. Baak, President, VTN SAN DIEGO, 4845 Ronson Court, San Diego 92111 Mayor Cox reported he received a request from Martinus Baak, President of VTN, to withdraw this item since they are not ready with their presentation. b. REQUEST FOR CITY TO GIVE WAREHOUSE AT 810 "E" STREET TO METRO FOOD PROJECT, INC. - Helen Motto, Executive Director, Metro Food Project, Inc., 810 "E" Street, Chula Vista 92011 Mrs. Helen Motto discussed the plight of Metro Food Project due to their tenancy being placed on a month-to-month basis at the "E" Street location and the problems of relocating elsewhere. Minutes - 2 February 11, 1986 Mayor Cox explained since this is not City-owned property and it is included in the Bayfront Redevelopment area, the staff recommendation is to refer the letter to staff for Metro Food to contact the property owner to determine the availability of the warehouse to them on more than a month-to-month basis. MSUC (McCandliss/Moore) to approve the staff recommendation. c. REQUEST FOR LIGHTING ON CHERYL PLACE - Donald F. Cunningham, 267 Cheryl Place, Chula Vista 92011 As a result of Proposition 13 and a car accident which demolished the light pole, the 200 block of Cheryl Place has been without lighting. Mr. Cunningham requested this street be lighted again. Director of Public Works/City Engineer Lippitt submitted transparencies depicting the location of the demolished streetlight which was turned off in the wake of Proposition 13 in 1978. He recommended against.replacing the streetlight because lighting tends to be closer in this area than in other areas of the City which are not as well lit. He noted it would cost ~1,200 to reinstall this light fixture. In response to Mayor Cox's question, Director Lippitt stated he would have to verify the accident records to determine if monetary recovery was received for the demolished streetlight. Councilman Scott commented all lights that had been turned off because of Proposition 13 should have been turned back on, including the light on Cheryl Place. MSUC (Moore/McCandliss) to replace the light at Cheryl Place and refer to staff for further information regarding recovery of money as a result of the car accident. d. CLAIM AGAINST THE CITY Pacific Bell 525 "B" Street, Room 1944 San Diego, CA 92101 On June 18, 1985, a Claim Against the City was filed by Pacific Bell for an estimated ~15,425.00 for alleged damages to their telephone conduit located in the 300 block of Third Avenue (west side). On January 31, 1986, a supplemental claim was received specifying the damage at ~7,701.96. The claim listed March 18, 1985 as the date the damage was discovered. MSUC (Moore/McCandliss) to reject the claim. D~inutes - 3 - February 11, 1986 e. RECONSIDERATION OF RENT INCREASE AT LAUDERBACH CO~.~,,~'nV CENTER - Fred A. Schubitzke, Acaaemy Of Defensive Driving= 2910 Main Street, Chula Vista 92011 Mr. Schubitzke requested the City Council consider the inequity of a rent increase at the Lauderbach Community Center for his defensive driving program. His rent has increased 12 times its previous rate (~180 per session) as a result of a 30% rate applied by the City. He provided a copy of the agreement with the City which contained notations not on the original document. Director of Parks and Recreation Mollinedo explained the procedure for filing an application for City facilities. Mr. Schubitzke was informed of the fees and how they would be applied. At that time, the 30% gross figure was decided to be more beneficial to the applicant than charging $20 per class. The notations on the copy of the agreement were reminders to staff when the fees should be collected. MSUC (MeCandliss/Cox) to deny the request. f. REQUEST TO SPEAK TO COUNCIL REGARDING SIGN ORDINANCE - South San Diego Board of Realtors In his written communication, Mr. Rowe requested the Council set a date for this Board to make a presentation regarding the State and local regulation prohibiting the placement of real estate, open house and other directional signs in the public right-of-way. Mayor Cox stated he received a request from Mr. Rowe to schedule this presentation for the first meeting in March. MSUC (Cox/McCandliss) to set for Council consideration on Tuesday, March 4, at 4 p.m. 4. ORAL COMMUNICATIONS None. CONSENT CALENDAR Items 5, 9, 11, 12, 13, 14 a and b, 15 pulled. MSUC (Cox/Moore) to approve the Consent Calendar. 5. RESOLUTION ADOPTING THE UNIFIED SAN DIEGO COUNTY HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM (Director of Public Safety) (Pulled from Consent Calendar.) Minutes - 4 - February 11, 1986 6. RESOLUTION 12367 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 85-9, BRIGHTWOOD ATRIUM TOWNHOMES, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP (Director of Public. Works/City Engineer) On May 22, 1985, the tentative subdivision map for this one-lot subdivision located at 457 "E" Street was approved by the planning Commission. The Final Map for Chula Vista Tract 85-9, Brightwood Atrium Townhomes, has been checked and found to be in general conformance with the tentative map. 7. RESOLUTION 12368 APPROVING AND ~CEPIING PUBLIC IMPROVEMENTS IN THAT CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS BONITA HACIENDA SUBDIVISION (Director of Public Works/City Engineer) Sumitomo Bank of California has completed the public improvements for Bonita Hacienda. The Improvement Agreement was approved by Council Resolution 11480 on December 6, 1983. 8. RESOLUTION 12369 ACCEPTING GRANT OF EASEMENT FROM SUSIE MARY BENNETT FOR ACCESS PURPOSES (Director Of Public Works/City Engineer) An access easement within the Bennett property is required in conjunction with CVT 85-10, E1 Rancho Del Rey Unit 6E. The easement will allow for maintenance of drainage facilities by City Public Works forces. The access easement replaces an existing easement which will be rendered useless following the proposed development of E1 Rancho Del Rey Unit 6E. 9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WARREN, MCVEIGH AND GRIFFIN, INC. FOR CONSULTING SERVICES FOR EVALUATING HEALTH INSURANCE BIDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Personnel) (Pulled from Consent Calendar.) 10. RESOLUTION 12370 APPROVING DR. PETER CONNORS AS A CONSULTANT TO WETLANDS RESEARCH ASSOCIATES, INC. FOR THE ENHANCEMENT PLANNING STUDY AND AUTHORIZING A $920 CONTRACT (Community Development Director) Minutes. 5 February 11, 1986 On January 28, 1986, the City Council approved the Wetlands Research Associates, Inc. (WRA) contract and directed City staff to return with a proposed subconsultant for endangered species work. WRA is proposing to include Dr. Peter Connots as their endangered species expert. Inclusion of Dr. Connots in the study team will cause to incur approximately $920 in additional compensation and expenses which would be spent from Agency accounts 990-9907 5516 and 995-9950-BF36. This money was originally set aside to match the Coastal Conservancy's $50,000 grant. The biological study design and the enhancement planning study are both to be financed with this $100,000. The total cost of these two studies is ~73,560, so additional money is available from the money that has already been set aside. 11. RESOLUTION ON FEE REBATES RELATING TO APPEALS BY DEVELOPERS/RESIDENTS THAT ARE UPHELD BY THE CITY COUNCIL AND/OR PLANNING COMMISSION (Director Of Planning) (Pulled from Consent Calendar.) 12. RESOLUTION INITIAL MEETING OF THE JOINT CITY/CHAMBER OF COMMERCE MARKETING TASK FORCE (Community Development Director/Director of Management Services) (Pulled from Consent Calendar.) 13. RESOLUTION SALE VERSUS LEASE OF CITY-OWNED SITE, TELEGRAPH CANYON ROAD (Community Development Director) (Pulled from Consent Calendar.) 14a. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 15, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING THE DRAINAGE EASEMENT, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Director Of Public Works/City Engineer) Minutes 6 February 11, 1986 b. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 16, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING THE EASEMENTS, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Pulled from Consent Calendar.) 15. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 11, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Director of Public Works/City Engineer) (Pulled from Consent Calendar.) 16. REPORT ON CLOSURE OF RANCHO JANAL ROAD BETWEEN OTAY LAKES ROAD AND PROCTOR VALLEY ROAD (Director Of Public Works/City Engineer) The closure of Rancho Janal Road has been requested by EastLake Development Company. The grading and utility improvements in EastLake Business Park necessitate this closure. It was recommended Council approve the closure of Rancho Janal Road from Otay Lakes Road north to the north line of the EastLake Business Park. This is a permanent closure of this portion of roadway. END OF CONSENT CALENDAR 5. RESOLUTION 12371 ADOPTING THE UNIFIED SAN DIEGO COUNTY HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM (Director of Public Safety) Minutes 7 February 11, 1986 Director of Public Safety Winters reported the Unified DIsaster Council directed the preparation of a study to evaluate the potential for providing a regional mechanism for responding to hazardous materials incidents. On November 21, 1985, the Unified Disaster Council conceptually approved the option calling for a joint response by the San Diego Fire Department's HAZMAT Response Team and the Department of Health Services' Hazardous Materials Management Unit. If this proposal is endorsed by the various jurisdictions, the program will commence on July 1, 1986. Councilman Malcolm expressed concern about placing this type of item under Consent Calendar due to the fiscal impact -- $43,380 would be budgeted in Fiscal Year 1986-87 if the JPA is approved. Director Winters reiterated the projected cost will be approximately $39,000 in the second year and $41,500 in the third year. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WARREN, MCVEIGH AND GRIFFIN, INC. FOR CONSULTING SERVICES FOR EVALUATING HEALTH INSURANCE BIDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Personnel) In order to determine if a change in the City's group health insurance provider (Travelers Insurance Company) would be in the best interest of the City, it has been decided to seek bids from other carriers. The current carrier (Travelers) and the insurance coverage provided is specifically a part of two Memoranda of Understanding and therefore, any changes are subject to negotiations. Because of this, a committee representing employee bargaining groups along with staff was formed to provide input to management in the selection process. The cost of this consulting service will not exceed $5,400 plus an additional $200-$300 out-of-pocket expenses. Funds for this purpose are provided within the City Manager's budget under contractual services. Councilwoman McCandliss noted that the competitors in the evaluation process had not been notified of this item or of staff's recommendation. MSUC (McCandliss/Scott) to continue this item for 1 week and notify the four participants. Minutes 8 February 11, 1986 11. REPORT ON FEE REBATES RELATING TO APPEALS BY DEVELOPERS/RESIDENTS THAT ARE UPHELD BY THE CITY COUNCIL AND/OR PLANNING COMMISSION (Director of Planning) On November 19, 1985, the City council requested a report discussing the idea of rebating appeal fees on discretionary planning applications when the appeal is granted by the appellant body. On December 18, 1985, the Planning Commission supported the filing of this request. In response to Councilwoman McCandliss' questions regarding flat fees, Planning Director Krempl cited examples of this policy in other areas of the County. Some jurisdictions charge for the total processing of an application and others charge the applicant if an appeal is made. No other jurisdictions actually rebate the appeal fees, however. MSUC (Cox/Scott) to accept the report. 12. REPORT INITIAL MEETING OF THE JOINT CITY/CHAMBER OF COMMERCE MARKETING TASK FORCE (Community Development Director/Director of Management Services) At its meeting of October 24, 1985, the City Council created a subcommittee to work with members of the Chamber of Commerce to develop promotion and/or marketing plans for the City. At their initial meeting, this Marketing Task Force recommended that City staff prepare a report for the Council requesting additional direction concerning composition and basic goals of the Task Force and outlining alternative approaches the group could pursue. The recommendation was that the Council approve Alternative C: That both Alternative A (Task Force composed of City Council Subcommittee and Downtown merchants)' and Alternative B (City Council Subcommittee and individuals from diverse entities throughout the City to develop plans and recommendations to enhance the overall image of the City) be pursued with the creation of a new group of individuals to pursue Alternative A. The Task Force as it currently stands would be asked to focus on Alternative B in conjunction with City staff's effort to develop an overall City economic development/marketing program. Councilman Moore expressed concern with the direction staff is proceeding stating he is opposed to an in-depth marketing program. Discussion ensued regarding local advertising as opposed to national advertising; sales promotion vs. an advertising campaign; recommendation of the Business and Industry Development Committee to develop a comprehensive marketing program. Minutes - 9 - February 11, 1986 Assistant Community Development Director Gustafson stated an economic development implementation plan will be presented to City Council during the budget process. It would be appropriate at that time to investigate utilizing the talents of individuals associated with this plan to assist in evaluating the City's plan (i.e, potential relocatees). Ms. Christine Williams, 836 Coriander Court, Chula Vista, stated she represents a group that is working with the City staff in the execution of a City-wide marketing plan. Due to the increased City population, this type of program should not be delayed. She pointed out the Downtown Committee has their own promotional campaign, but a concentrated effort should be made throughout the City to improve its image, which will automatically result in profitability of the downtown area. She urged the City Council to approve Alternative B. Councilman Scott stated this endeavor is much broader than increased retail sales in the downtown redevelopment area--should include all of Chula Vista. He would support setting up a committee that would look into the possibilities of joint cooperative advertising and promotion with businesses in the City. Councilwoman McCandliss remarked if this committee moves forward with. a specific task, the City should not abandon its promotional activities in other areas of the City. MSUC (Cox/Moore) to refer this item to staff, to the Council's two-member subcommittee, and to the people working with the Chamber of Commerce to come up with a program that would look into the possibility of joint cooperative advertising with businesses in the City. At this time, Mayor Cox acknowledged the attendance of Boy Scout Troop 871, accompanied by Troop Leader, Mr. Paul Chase. 13. REPORT SALE VERSUS LEASE OF CITY-OWNED SITE, TELEGRAPH CANYON ROAD (Community Development Director) At the January 7 meeting, the City Council reviewed the Kids Unlimited Proposal to purchase the City-owned property at Telegraph Canyon Road and directed staff to analyze the cost-benefit of selling versus leasing the site. The sale of this property will net the City approximately ~76,360 and reimburse the General Fund ~101,640 for the Gas Tax Program. In addition, property tax revenues of approximately ~1,096 will accrue to the City following the sale and development of this site. It was recommended the City Council authorize sale of the subject slte to Kids Unlimited for ~169,500 Minutes - 10 - February 11, 1986 In response to Councilwoman McCandliss' question regarding the decreased bid, Redevelopment Coordinator Kassman stated the site improvements were subtracted from the total cost. The proposed building design will come back through the Design Review Committee to the Planning Department. MS (McCandliss/Scott) to accept the staff recommendation. Mr. David Olsen, 610 Paseo del Rey, Pastor of Chula Vista Alliance Church, urged Council's approval of this sale. The motion to accept the staff recommendation passed unanimously . 14a. RESOLUTIOn] APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 15, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING THE DRAINAGE EASEMENT, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Director of Public Works/City Engineer) b. RESOLUTION APPROVING THE FINAL MAP FOR CHbLA VISTA TRACT 84-9, EASTLAKE I UNIT 16, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING THE EASEMENTS, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The Final Maps for CVT 84-9, EastLake I, Units 15 and 16 have been reviewed by the Engineering Department and found to be in conformity with the Tentative Map approved by the City Council on February 19, 1985, by Resolution No. 11935. Director Lippitt explained approximately 9 maps have been approved by Council. He requested continuance of this item until Thursday, February 13, in order to obtain sewer permits. MSUC (Scott/McCandliss) to continue this item to Thursday, February 13 at 4:00 p.m. Minutes - 11 February 11, 1986 15. RESOLUTION 12372 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 11, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Director of Public Works/City Engineer) The Final Map for CVT 84-9, EastLake I, Unit 11, has been reviewed by the Engineering Department and found to be in conformity with the Tentative Map~approved by the City Council on February 19, 1985, by Resolution No. 11935. Councilman Scott expressed concern with the direction Council was going due to the significant change in policy for this particular item. Particularly, Council. seems to be setting a precedent by approving Final Maps without completion of improvements required by the subdivision. Councilman Malcolm arrived at this time, 8:30 p.m. In response to Councilwoman McCandliss' question, Assistant City Attorney Gill stated the City Attorney's office has expressed concern regarding this type of process but feels comfortable with the safeguards built in to the agreement. The risks are relatively minor and adequate mitigation is provided for those risks. He reiterated the agreements are being signed by EastLake and their representatives specifying the bonds are 150% of the estimated construction costs. If the bonds do not adequately cover the expenses, the City is indemnified. Mr. Garry Kashing, representing EastLake Development Company, explained the developer desires to make the homes available for purchase this spring; therefore, final map approval must be obtained. The improvement agreements have been signed and the builders have started construction in certain developments. Any delays now would hamper the April 1st opening date. In answer to Councilman Moore's question, Director Lippitt stated 4 or 5 final maps have been completed, which shows some degree of success. Councilman Scott noted as long as this occurrence is only for Phase I, he did not have any concerns. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. Minutes - 12 February 11, 1986 OTHER RELATED RESOLUTIONS AND ORDINANCES 17. RESOLUTION 12373 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR FINAL PAYMENT OF THE ELECTION HELD ON NOVEMBER 5, 1985 (City Clerk) The final invoice for the November 5, 1985 election has been received. Based on the estimated cost made by the Registrar of Voters in September 1985, the cost of the election was 661,679. The Registrar's new billing sets the total cost of the election at $71,107 (includes the Montgomery issues). RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 18. RESOLUTION 12374 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS TO COMPLETE THE RESTORATION OF THE "OLD GOOSE" FIRE TRUCK (Assistant City Manager) In the 1985-86 budget, the City Council appropriated 611,000 to complete the restoration of the antique fire truck, commonly known as the "Old Goose." As of June 30, 1985, 67,422 of the 611,000 appropriation had been expended or encumbered. The remaining 63,578 of the original 611,000 appropriation automatically reverted to the City's General Fund since it had not be encumbered. An additional 61,600 is needed to complete the restoration in a timely manner so that this equipment can be used in upcoming City events. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. RESOLUTION 12375 AMENDING THE FISCAL YEAR 1985/86 BUDGET TO ADD TWO COMMUNICATIONS OPERATOR POSITIONS FOR THE POLICE DEPARTMENT'S UNIFORM DIVISION AND APPROPRIATING THE NECESSARY FUNDS (Director of Public Safety) The staffing requirements for the Communications Center have been assessed as part of an overall study of the City's police and fire communication needs, undertaken by Alta Consulting Services Incorporated (ACSI). The ACSI study indicates that two additional Communication Operators need to be immediately hired so that acceptable service levels can be provided when the Police Department assumes full responsibility for all police services in the annexed area, currently scheduled for April 1, 1986. Minutes - 13 - February 11, 1986 The recommendation was that Council appropriate $18,610.00 from the unappropriated balance of the General Fund to cover salary and fringe benefits for the positions for the remainder of FY 85-86. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 20. REPORT OF THE CITY MANAGER a. Assistant City Manager Asmus referred to a petitioned from residents on East San MigUel requesting speed bumps, crosswalks and installation of a stop sign at specific locations on Cuyamaca and East Sierra Way. MSUC (Cox/McCandliss) refer this to the Traffic Engineer and the Safety Commission. b. Assistant City Manager ASmUS reported City Manager Goss is recuperating at home from his recent surgery and is doing well. 21. MAYOR'S REPORT a. Mayor Cox announced the need for ratification of the new Deputy City Attorney. MSUC (Malcolm/Cox) to ratify the appointment of Ann Moore as the Deputy City Attorney. b. Mayor Cox announced the Mayor of Irapuato, Alfredo Fajardo, will be in town February 21 through 22. He suggested a few City Officials plan to attend a dinner in his honor on February21. MSUC (Cox/Scott) to direct staff to prepare such a function. c. Supervisor Bilbray will occupy Legislative Offices vacated by Congressman Duncan Hunter. A reception welcoming Supervisor Bilbray is scheduled for Friday, February 21, which will be jointly coordinated by the staffs of Congressman Bates, Senator Deddeh, and Assemblyman Peace. d. Communication has been received from the San Diego County Department of Solid Waste Management asking the City to designate a representative to their Citizen's Advisory Committee for the Solid Waste Management Plan. MSUC (Cox/McCandliss) to designate Dr. Guy Lichtey to this Committee. Minutes - 14 - February 11, 1986 22. COUNCIL COMMENTS a. Councilwoman McCandliss commented it would be appropriate for Council to support Councilman Malcolm's interest in abstaining on the Bay Hospital issue. MS (McCandliss/Moore) for the City Council to support Councilman Malcolm's interest in abstaining on the Bay Hospital issue. Councilman Moore concurred with a Councilmember's right to abstain from an issue if they state a reason. Assistant City Attorney Gill cited Chula Vista Municipal Code Section 2.04.550(b) which states " every member should vote unless disqualified for cause accepted by vote of the City Council or by opinion of the City Attorney." In addition, "Self-disqualification without approval which results in a tie vote shall be avoided as thwarting Council action, but no Councilmember shall be forced to vote...tie votes shall be lost motions and may be reconsidered." Attorney Gill added the ordinance would take precedence over State law and Councilmembers could disqualify themselves but certain results would occur. Councilman Scott noted since this discussion is in regard to the Bay Hospital issue and NME, he would abstain from further discussion this evening. Councilmen Malcolm and Scott left the dais at this time. The motion to approve the request for abstention passed by the following vote: AYES: McCandliss, Moore, Cox NOES: None ABSTENTIONS: Malcolm, Scott Councilmen Malcolm and Scott returned at this time. Councilman Malcolm remarked according to further discussion with the Assistant City Attorney, if a Councilmember abstains on an item and leaves the room, that vote will not be counted. However, if their vote button is pressed by another Councilmember, that vote applies to the preceding vote. In addition, for financial disclosure purposes, it must be stated by a Councilmember the reason for not participating in a vote. Minutes ~ 15 - February 11, 1986 b. Councilman Malcolm reported on issues before the Legislative Committee pertaining to Assembly Bill 2612 regarding amending the Government Code to allow special district representatives serving on LAFCO boards to act upon proposals affecting special districts. This regulation would make null and void any rule or regulation disqualifying a special districts representative from acting upon a proposal affecting a special district. MSUC (Scott/Malcolm) to oppose the bill and allow local government to make these decisions. c. Senate Bill 1446 and House Resolution 864, pertaining to the establishment of a POW commission in California is proposed. Councilman Malcolm stated his opposition to forming more commissions without adequate justification for them. Therefore, he recommended against supporting these proposals. Assembly Bill 1974 pertains to supporting mandatory seat belts for use in school buses. Councilman Malcolm suggested until more facts are obtained, Council should not support this issue either. MSUC (Moore/Malcolm) to refer this question specifically to the school districts to respond (to Council). d. Councilman Malcolm referred to complaints from residents in the Cresta Way Subdivision that commitments for street lighting, landscaping, etc. have not been fulfi~led. He suggested rescinding the subdivision map due to the developer's lack of fulfillment of the commitments. He also expressed concern that there are several 25-30 feet cut fill slopes in the project. MS (Malcolm/McCandliss) to refer this to staff to come back with a recommendation of either to do nothing (and provide a reason why the City should or should not foreclose on those bonds) and rescind the map. Councilman Scott stated he would not vote on this item due to a potential conflict of interest, as he has a client with whom he has done over $250 worth of business. (Councilman Scott left the dais.) The motion to refer this to staff passed with Councilman Scott abstaining. e. Councilman Moore commented on the SDG&E smokestacks. MSC (Moore/McCandliss) to draft a letter under the Mayor's signature to SDG&E acknowledging their cooperation in placing silencers on the smoke stacks. (Councilman Scott abstained.) Minutes - 16 - February 11, 1986 f. Mayor Cox noted the large turnout that viewed the City slide show at the Mayor's breakfast recently. He suggested the slide show be made available for Council viewing at a future meeting. ADJOURNMENT AT 9:20 p. m. to the joint meeting with the Board of Ethics on Thursday, February 13, 1986, at 4:00 p.m. and the regular meeting Of Tuesday, February 28, 1986 at 7:00 p.m. JENNIE M. FULASZ, CMC, CITY CLERK Adele A. Sarmiento Deputy City Clerk 0743C STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING CITY OF CHULA VISTA ) I, Adele A. Sarmiento, being first duly sworn depose and say: That I am the duly chosen, qualified and acting Deputy City Clerk of the City Council of the City of Chula Vista. That the regular meeting of the City Council of the City of Chula Vista was held Tuesday, February 11, 1986, and said meeting was adjourned to the time and place specified in the Order of Adjournment ATTACHED HERETO~ That on Wednesday, February 1~ 1986, at the hour of 3 p.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of February 11, 1986, was held. Adele A. Sarmiento Deputy City Clerk Subscribed and sworn to before me this ~ ~ ~ day of /// 19I. . and State of Ca/lifornia MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, February 11, 1986 The City Council met in the Council Chamber of the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following: Councilmen Present: Scott, McCandliss, Cox, Malcolm, Moore Councilmen Absent: None ADJOURNMENT The Mayor adjourned the meeting until Thursday, February 13, 1986 at 4:00 p.m. in the CouncilSConference Room, City Hall/ PX~D~t~Xb~~ 276 Fourth Avenue, Chula Vista, California. I, Adele A. Sarmiento, Deputy City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of February 11, 1986 Deputy City Clerk City of Chula Vista, California