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HomeMy WebLinkAboutcc min 1986/02/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, February 18, 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT Mayor Cox; Councilmembers Malcolm, Moore, Scott MEMBERS ABSENT Councilwoman McCandliss STAFF PRESENT City Manager Goss, Assistant City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was lead by Mayor Cox, followed by a moment of Silent Prayer. 1. APPROVAL OF MINUTES for the meeting of February 11, 1986. MSUC (Moore/Malcolm) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY - None. 3. WRITTEN COMMUNICATIONS a. CLAIMS AGAINST THE CITY - Mr. Robert Kane, 3919 Mason Street, #5, San Diego, CA 92110, 4 claims filed in connection with Founder's Day incident. Mr. Thomas J. Lewis, P.O. Box 63, Lake City, South Dakota 57247, 3 claims filed in connection with Founder's Day incident. Ms. Angelina Montoya, 1605 Orange Street, National City, CA 92050 The seven claims for indemnity stemmed from the same incident - the Founders Day celebration on October 15, 1983, which resulted in property damage and personal injuries to several people. The Chamber of Commerce sponsored the event and provided the City with a Certificate of Insurance, naming the Minutes - 2 - February 18, 1986 City as an additional insured, and also provided a hold harmless agreement. It was recommended by the City Attorney and risk management staff to deny the claims in order to commence the statute of limitations. MSUC (Malcolm/Moore) to reject the claims. b. REQUEST REGARDING PROPOSED ROUTE 54 RECONSTRUCTION OF FOURTH AVENUE NORTH OF BRISBANE STREET - Phillips-Reynolds Engineering, Inc., 71 No. Fourth Avenue, Chula Vista 92010 Regarding this request from Phillips-Reynolds Engineering, Inc. concerning proposed Route 54 reconstruction of Fourth Avenue north of Brisbane Street, it was recommended staff be directed to contact CalTrans to pursue construction of curbs, gutters, and sidewalks on the east side of North Fourth Avenue. MSUC (Moore/Malcolm) to approve the recommendation. c. REQUEST FOR WAIVER OF LICENSE FEE - San Diego Historical Society, P.O. Box 81825, San Diego, CA 92138 With regard to this request from the San Diego Historical Society for waiver of business license fees in connection with the 13th annual Designers Showcase, it was recommended that these fees be waived in accordance with Ordinance No. 2113, which gives Council authority to waive business license fees for non-profit organizations. MSUC (Cox/Moore) to accept the staff recommendation. PUBLIC HEARINGS AND RELATED RESOLUTIONS & ORDINANCES 4. PUBLIC HEARING PCM-86-11; AMENDMENTS TO TWO OUT-PARCELS, #7 AND #8, LOCATED WITHIN EL RANCHO DEL REY SPECIFIC PLAN - CITY COUNCIL INITIATED (Continued from January 14, 1986)(Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. City Attorney Harron suggested that the public hearings for both out-parcels could be dealt with collectively, and Council's vote should be separate. In his written report, Planning Director Krempl stated the subjects of this hearing are two out-parcels associated with the E1 Rancho del Rey Specific Plan. On January 14, 1986, the City Council took action on six other out-parcels out of a total of nine. The final out-parcel, #4, will be considered in May. Minutes - 3 - February 18, 1986 The City Council previously certified EIR-83-2 on this overall project; given the nature of the recommendation no further environmental review was required. The Planning Commission recommended Council reiterate its decision of November 5, 1985 on all parcels except parcel #7 for which Residential 6-8 du/ac is recommended. Staff recommended Council reiterate its decision of November 5, 1985 regarding these parcels and thus make no further amendments to the E1 Rancho del Rey Specific Plan. Mr. Paul Manganelli, consultant on the project, submitted transparencies on out-parcel #8, noting: property is ten acres in area; previous designation in 1978 was for a junior high school on this site; developer requests similar treatment of this acreage as in out-parcel #5. Regarding out-parcel #7, Mr. Manganelli stated this parcel is ten acres located on the west side of Paseo Ranchero north of Telegraph Canyon Road; two-thirds of this property is designated for open space; either 8-12 or 12-20 du/ac is requested by the developer; staff recommendation is to retain the 2-4 du/ac; staff prefers a cluster development on this parcel. Director Krempl agreed that the cluster development is superior in terms of lot treatment. There are other choices in the density range that could be developed and designed to facilitate such a cluster setting and retain open space. Staff's expects Telegraph Canyon Road will probably be improved by major developers and a facilities benefits assessment district for improvements is being contemplated. Mr. Richard Michelsen, 3953 Ninth Street, San Diego 92103, representing the owners of out-parcel #7 discussed: controlled access flow of traffic to Paseo Ranchero; traffic would flow on to Telegraph Canyon Road; comparison with parcel #5 which has been assigned 8-12 du/ac; construction costs involved with road improvements due to location of the schools and major roads; school districts are unlikely to participate in these costs; because of high off-site costs, higher density is desirable; attempting to maintain an environmentally sound project. Mr. Bruce Steingraber, Architect, 9909 Huennekens, San Diego 92121, disagreed with the lack of open space as suggested by staff--a pool area and recreational facilities have been designed into the project. The units have been "terraced" to minimize grading of the property, and light traffic will occur in the development making for easier access for emergency service vehicles. Minutes - 4 - February 18, 1986 Mr. George Ronis, 492 Third Avenue, Chula Vista, Attorney, representing property owners Messrs. Bordi and LaLande, testified that every effort has been made to mitigate impact of the canyon area. Apartment housing in the immediate proximity is non-existent and an appropriate mix should enhance the entire area. Ms.' Trudy Thompson, 20 Georgina, Chula Vista, owner of out-parcel #8, requested the additional 20 units stating it would reduce the lot cost from between ~6,000 and $10,000 per unit. There being no further public testimony, the Mayor declared the public hearing closed. Council discussion ensued regarding the proposed high density: placing a "P" modifier on the project; school district's participation in 'funding construction costs; additional traffic on Telegraph Canyon Road; difficulty in developing this property; and the "cluster" development suggested by staff. It was moved by Councilman Malcolm to approve the project and the 8-12 du/ac with a "P" modifier. The motion died for lack of a second. MSUC (Scott/Moore) to accept the Planning Commission recommendation (6-8 du/ac) with a "P" modifier added to it (parcel #7). Out-Parcel #8 Discussion concerned staff's rationale for recommending 6-8 dwelling units per acre on this parcel. MSUC (Cox/Scott) to move on the staff/Planning Commission recommendation for 4-6 du/ac on out-parcel #8 Councilman Malcolm expressed concern with the previously approved zoning for parcel #5. MSUC (Scott/Cox) have staff come back with a report in the next Council packet of the pros and cons and a list of action required to change the zoning on out-parcel #5. 5. PUBLIC HEARING APPEAL OF CONDITIONAL USE PERMIT PCC-86-15; REQUEST TO CONSTRUCT 24-HOUR SELF-SERVICE GAS STATION WITH MINI-MARKET AND CAR WASH AT NORTHWEST QUADRANT OF BONITA ROAD AND PLAZA BONITA ROAD MOBIL OIL CORPORATION (Continued from February 4, 1986)(Director of Planning) Minutes - 5 - February 18, 1986 RESOLUTION APPROVING CONDITIONAL USE PERMIT PCC-86-15 FOR A SERVICE STATION FACILITY AT BONITA ROAD AND PLAZA BONITA ROAD This being the time and place as advertised, the public hearing was declared open. This item is an appeal by Mobil Oil Corporation of the Planning Commission's denial of their request to construct a 24-hour, self-service gas station with mini-market and car wash at the northwest quadrant of Bonita Road and Plaza Bonita Road in the C-V-P zone. Director Krempl reported the item was continued by the Council from their meeting of February 4, 1986, in order for staff to report back on the following questions: (1) the feasibility of requiring a future road dedication along Bonita Road for a third, free-flow travel lane to 1-805, (2) the feasibility of requiring an off-ramp from Plaza Bonita Road to the 1-805 on-ramp, and (3) the County's intentions regarding their property adjacent to the Mobil site. 1. On January 8, 1986, the Planning Commission denied this request. 2. The Design Review Committee directed the applicant to have their architect view the Bonita area and to design a project to fit the architecture of the area. It was the Planning Director's recommendation: 1. To find that this project will have no significant environmental impacts and adopt the Negative Declaration and the addendum issued on IS-84-25. 2. Based on the findings contained in his report, adopt a resolution reversing the decision of the Planning Commission and approving the request subject to the following conditions: a. Development of the site shall comply with the plan approved or conditionally approved by the Design Review. Committee. b. The developer shall construct and improve the median to be built on Bonita Road subject to the approval of the City Engineer. c. The developer shall be responsible for the dedication of additional right-of-way along Bonita Road subject to the approval of the City Engineer. Minutes - 6 - February 18, 1986 Director Krempl added that the County Department of General Services indicated if the County leases their adjacent property, those funds would go towards improvements to the Sweetwater Park. They felt appropriate uses would be according to the C-V-P with a precise plan overlay. The County had no objection to joint development of the parcels. Traffic Engineer Glass discussed interim traffic studies performed on the project. Staff contacted CalTrans regarding an off-ramp from Plaza Bonita Road to the 1-805 on-ramp. Improvements would be expensive as they would include dredging and providing a bridge in this vicinity. Mr. Glass advised against a free-flow travel lane to 1-805 at this time. In answer to Councilman Moore's concern regarding planning the free-flow lane, Mr. Glass noted this would involve the County property, Mobil Oil property, as well as construction of the bridge by CalTrans. Mr. R. B. Clair, representing the County Parks Department, commented in order to combine the parcels, the County property would have to be rezoned commercial. Since this has not occurred, the County cannot proceed in the development. He reiterated if the County leases the property, proceeds would go towards maintenance of the park; if the property is sold, the proceeds would go towards site development. Mr. Herman Kimmel, 3300 Irvine Avenue, Newport Beach 92660, representing Mobil Oil, declared a number of safety and traffic congestion studies were performed for this site. The service station is not in an intersection--it is between intersections where accidents don't normally occur; a service station project would not add traffic; safety would be increased as traffic would be slowed due to freeway ramps; the convenience center and car wash will have almost negligible effects during peak traffic hours. Mr. Jim Chodzko, 1320 Columbia 'Street, San Diego 92101, representing the Bradley Family Trust, stated it would be unfair to the property owners to delay development of the project pending the County's decision on development of their property. He urged Council to adopt staff's recommendation to move forward on this project. Jacqueline Lassman, 171 Jacaranda Road, Chula Vista, and George Kost, President, Sweetwater Valley Civic Association, 3609 Belle Bonnie Brae Road, Bonita, spoke in opposition to the staff recommendation. Their concerns involved: amount of traffic which will occur when all present construction on Bonita Road is complete; amount of traffic accidents in this area since 1975; suggested residents in this area be canvassed; suggested the City purchase County and Bradley properties to develop park area. Minutes - 7 - February 18, 1986 In response to Council's concern about the convenience center, Mr. Blair Fountain, representing Mobil Oil Corporation, reiterated the "snack shop" is not a convenience market or a grocery store. This operation sells only "impulse" snack items and is located in a 525 sq. ft. mini-market. Councilman Moore noted the resolution does not contain the Planning Director's recommendation (2c). There being no further public testimony, the public hearing was declared closed. MSUC (Moore/Malcolm) to amend the resolution to include the Planning Director's recommendation, 2c, pertaining to dedication of additional right-of-way. Councilman Moore stated he could not support the Conditional Use Permit unless there was a free-flow traffic lane. Councilman Malcolm remarked he could not support the project unless it is totally developed including the County parcel. MS (Malcolm/Moore) to deny the appeal. In response to Mayor Cox's question, City Attorney Harron explained if Council disapproved of beer and wine sales in the mini-market, they could place a condition on the project prohibiting these sales. Councilman Scott stated no matter what happens to the proposed site, it would strongly dictate zoning of the County property to the west. The motion to deny the appeal passed with Mayor Cox opposed. MS (Scott/Moore) to look into both pieces of property, especially looking into what property owners are seeking and the value of the County property. Councilman Malcolm stated he opposed the motion noting higher priorities in the City. For example, installation of a traffic signal On Allen School Road was requested due to numerous traffic fatalities in that area, and that request was disapproved by Council. The motion passed with Councilman Malcolm opposed. Minutes - 8 - February 18, 1986 6. PUBLIC HEARING GPA-86-4 AND PCZ-86-B; CONSIDERATION OF THE CITY OF. CHULA VISTA'S PROPOSAL TO AMEND THE PLAN DIAGRAM OF THE LAND USE ELEMENT OF THE CHULA VISTA GENERAL PLAN BY THE DESIGNATION THEREON OF APPROXIMATELY 63 ACRES OF TERRITORY, GENERALLY LOCATED WESTERLY OF BAY BOULEVARD, NORTHERLY OF PALOMAR STREET, AND ALONG THE EASTERLY SHORELINE OF SAN DIEGO BAY, IN THE CITY OF SAN DIEGO, AS "RESEARCH AND LIMITED INDUSTRIAL," AND PREZONE THE SAID TERRITORY "I-L-P," LIMITED INDUSTRIAL WITH PRECISE PLAN (Director of Planning) a. RESOLUTION 12378 APPROVING GPA-86-4 FOR THE DESIGNATION OF APPROXIMATELY 63 ACRES AS "RESEARCH AND LIMITED INDUSTRIAL" b. ORDINANCE 2140 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE APPROVING PCZ-86-B FOR THE PREZONING OF APPROXIMATELY 63 ACRES AS "I-L-P" (LIMITED INDUSTRIAL WITH PRECISE PLAN) - FIRST READING The City of Chula Vista, on behalf of the involved property owners, initiated the reorganization of about 63 acres of territory, located on the westerly side of Bay. Boulevard, northerly of Palomar Street, and along the easterly shoreline of San Diego Bay, in the City of San Diego, with the Local Agency Formation Commission. The proposed reorganization, called the "Palomar/Bay Boulevard Reorganization," involves the deannexation of the subject acreage, and their subsequent annexation to the City of Chula Vista. The proposed General Plan Amendment and prezoning would enable these processes to proceed before LAFCO. Staff and the Planning Commission recommended that Council approve GPA-86-4 and PCZ-86-B. This being the time and place as advertised, the Mayor declared the public hearing open. There being no public testimony, either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Malcolm/Moore) to place the ordinance on first reading. Minutes - 9 February 18, 1986 7. PUBLIC HEARING TO DETERMINE NECESSITY TO ACQUIRE REAL PROPERTY FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL PROJECT (Director of Public Works/City Engineer) RESOLUTION DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL PROJECT AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE REAL PROPERTIES OR INTERESTS THEREIN FOR SAID PROJECT Director of Public Works/City Engineer Lippitt explained this is a request to authorize eminent domain action for 18 of the 39 easements needed for the construction of the Telegraph Canyon Creek Flood Control Project. Sixteen easements were granted to and accepted by the City on January 21, 1986, by Council Resolution No. 12342. Five easements have been granted to the City since January 21 and will be brought for Council's approval at a subsequent meeting. The fair market value has been appraised and offered to the 18 owners as the full appraised value. The offers have not been accepted. Present negotiations will continue after adoption of the requested resolution. Eminent domain authorization is requested at this time to ensure meeting the scheduled project deadlines. It was recommended Council authorize the City Attorney to commence eminent domain proceedings to acquire the real property and authorize the Director of Finance to deposit funds as necessary for security deposits, filing fees and expert witness fees, court awards and any sums required to be deposited in court. Councilman Malcolm questioned why the Council could not proceed with the formation of an assessment district on property owners since the improvements are being made to their properties. Discussion ensued regarding time constraints for forming such a district stating detailed procedures must be arranged according to federal guidelines. Whether or not an assessment district is financed, findings still need to be made regarding acquisition of the property. In answer to Council's questions, Associate Civil Engineer Saucedo stated 18 properties are currently in escrow. The City has accepted the project; however, if it is not approved, the escrow funds would be returned to the City. Mayor Cox questioned the cost benefit ratio, the prognosis of raising or lowering the price, and current legislation regarding U.S. Army Corps of Engineers funding of the project. In response, Minutes - 10 February 18, 1986 Director Lippitt explained the legislation (HR6) raises limits of the Corps of Engineers funding from $4 million to $6 million (due to the 30% proviso). The Senate has not considered this resolution, but the City's Washington consultant will be working with the Chairman of the Environmental Public Works Committee for approval of the bill. The measure would have to be approved by the Senate and the House to raise the funds. There are time constraints involving approval of the project and passage of the bill due to the federal government's fiscal year ending in October. Mr. Warren Hegstrom, U.S. Army Corps of Engineers, stated if the current legislation passes before the project is approved, funding would be effective for that project. The agreements should be signed by the first of August. Mr. Roberto Martinez, 623 Arizona Street, Chula Vista, opposed the project because an approximate 12-foot concrete wall will be erected immediately behind his property. This wall would not only detract from the property value of his home, but would prevent natural light onto his property--additionally, the wall could collapse in the event of an earthquake~ He suggested the wall be relocated to the west on vacant property. Associate Civil Engineer Saucedo stated the Corps of Engineers is investigating the suggestion to move the 12-foot wall. There being no further public testimony, either for or against, the public hearing was declared closed. MS (Malcolm/Cox) to continue the public hearing to March 4 at 4 p.m. and have staff report on options. City Attorney Harron advised the public hearing be reopened at that time if new information is presented. Mayor Cox clarified the intent of the motion is to continue the hearing and authorize staff to contract with assessment district counsel to determine legal duties the City might have. The motion to continue the hearing passed unanimously. Mayor Cox also suggested on the March 1 Council tour, the Telegraph Canyon Creek Project area be viewed. 8. ORAL COMMUNICATIONS - None. CONSENT CALENDAR (9 16) Items 15 and 16 pulled. MSUC (Malcolm/Cox) to approve the Consent Calendar. Minutes 11 - February 18, 1986 9. RESOLUTION 12379 ACCEPTING GRANT OF EASEMENT FOR SEWER PURPOSES FROM EASTLAKE DEVELOPMENT COMPANY (Director of Public Works/City Engineer) The improvement plans for EastLake I Unit 1 were approved by the City on January 23, 1985. The main sewer line serving EastLake Hills and Shores was included in these plans and is currently being built. One line which is needed to serve portions of the EastLake project was excluded from those plans because the exact plan of development of one area had not been completed. That precise plan has now been completed and it is proposed to add the excluded sewer line as a revision to the plans. An easement providing for construction and maintenance of this sewer line by the City has been prepared for acceptance by the City. 10. RESOLUTION 12380 DECLARING THE COUNCIL'S INTENTION TO VACATE A PORTION OF PUBLIC ALLEY AT THE SOUTH END OF LAS FLORES DRIVE AND SETTING THE DATE FOR A PUBLIC HEARING FOR SAID VACATION (Director of Public Works/City Engineer) As a condition of approval of Tentative Parcel Map 86-4, the owner of the property at the south end of Las Flores on the east side was required to apply to the City for vacation of the portion of public alley running along the west side of his property. The owner has made the application and paid the prescribed fee. In accordance with the California Streets and Highways Code, the Council must adopt a resolution of intention to vacate the subject alley and set a date for the required public hearing for initiation of the vacation process. It was recommended Council set the public hearing for March 11, 1986. 11. RESOLUTION 12381 APPROVING CHANGE ORDER ONE, RECONSTRUCTION OF THE SWIMMING POOL DECK IN LOMA VERDE PARK (Director of Public Works/City Engineer) Fritz Nachant, General Engineering Contractor, was awarded the contract for Reconstruction of the Swimming Pool Deck on January 10, 1986. Mr. Nachant submitted a letter dated February 10, 1986 to renew 34 deck drains and covers for 19 cleanouts. The original plans and specifications called for the deck drains and cleanout covers to be salvaged and reused. It has been discovered that the existing deck drains are badly corroded, cracked and, in some cases, broken Minutes - 12 - February 18, 1986 and should not be reused in the new concrete decking. The Change Order also provides for a 15 working day time extension changing the completion date to April 2, 1986. The 15 working day extension is needed because it will take three weeks before the Contractor will receive delivery of the materials. The total cost quoted by Fritz Nachant to replace the drains and cleanouts at contractor's price plus allowable 10% markup is $1,977.54. 12. RESOLUTION 12382 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) (Continued from 2/11/86) 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, bids from other carriers were sought. 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 employees bargaining groups along with staff was formed to provide input to management in the selection process. The first step was the selection of a consultant to assist the City in evaluating the bids. Staff and committee have unanimously agreed on the consultant that is recommended to be used in evaluating the bids for health insurance coverage. 13. RESOLUTION 12383 APPROVING CONTRACT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM F. HEITER, SENIOR PLANNER, FOR CONSULTANT SERVICES FOR THE NEWLY ANNEXED AREA (Director of Planning) With the adoption of the Montgomery budget on November 16, 1985, a contract Senior Planner was added for a period not to exceed one year to coordinate the Advance Planning Division's effort to develop a Specific Plan for the annexed area and assist with the transition from County zoning to City zoning in the area. Mr. Heiter is currently a Senior Planner with the County of San Diego Planning Department. He is familiar with the Montgomery Area and has extensive experience working with community planning groups and a working knowledge of the County Zoning Ordinance. It was recommended Mr. Heiter be hired for $35,000 for one year. Minutes - 13 - February 18, 1986 14. REPORT AMERICAN YOUTH HOSTELS REQUEST TO CONDUCT SECOND ANNUAL GREAT AMERICAN YOUTH HOSTEL INTERNATIONAL BICYCLE TOUR (Director of Parks & Recreation) The San Diego Council of American Youth Hostels is requesting permission to conduct the Great American Youth Hostel International Bicycle Tour on Sunday, February 23, 1986. Staff recommended approval subject to several conditions. END OF CONSENT CALENDAR 15. REPORT ON INCREASE IN PARKING METER FEES (Director of Finance/Community Development Director) During the City Council review of the Downtown Parking Study, the issue of parking meter fees was referred by Council to the Town Centre Project Area Committee (PAC) for evaluation and recommendations. The Town Centre Area Committee, the Downtown Business Association, and the Board of Directors of the Chamber of Commerce have all reviewed and approved the following recommendations: 1. Remove penny operation from all on-street meters. Off-street meters do not have penny operation. 2. One-hour meters remain at ~.10 per hour. Only change would be penny removal. 3. Two-hour meters change from $.05 to $.10 per hour. 4. Four-hour meters change from $.05 to $.10 per hour. 5. Ten-hour meters change from $.05 per two hours to ~.05 per one hour. The PAC also recommended changes in meter duration which would result in 31 two-hour meters converted to 10-hours and three 12-minute meters converted to 30 minutes. Councilman Scott questioned recommendations 4 and 5 of the staff report pertaining to long-term parking. Councilman Moore expressed concern that downtown employees would be parking in the ten-hour metered spaces which would defeat the purpose of the parking district. M3jC(Scott/Cox) to send this back to the Town Centre Project Area Committee and especially note long-term parking for employees (specifically, four and ten-hour parking meters). Minutes 14 ~ February 18, 1986 16. REPORT REGARDING CONFIDENTIALITY OF COMPLAINTS TO THE CHULA VISTA POLICE DEPARTMENT (Assistant City Attorney) On 'November 26, 1985, Council requested staff consider amending the appropriate sections of the Chula Vista Municipal Code to insure the confidentiality of complaints to the City's Police Department. Specifically, Council expressed concern that names of crime victims were being released as public information by the Police Department. After a review of the Police Department procedures and consideration of the applicable sections of Chapter 3.5 (commencing with Section 6250*) of Division 7, of Title 1 of the Government Code (commonly referred to as the California Public Records Act), the City Attorney's office concluded that the procedures followed by the Police Department (Chapter XX, Chula Vista Police Department Manual) are legally necessary. The current practice of the Chula Vista Police Department is to provide information to the media when requested pursuant to the specific requirements of Section 6254. The Officer who compiles the report is provided an opportunity on the report form to indicate whether or not, in his or her opinion, the information should be released to the media. (Councilman Malcolm left the dais at this time.) MSC (Cox/Scott) to continue this item for one week. (CouncilmanMalcolm out.) OTHER RESOLUTIONS AND ORDINANCES 17. RESOLUTION 12384 ACCEPTING BIDS, TRANSFERRING AND APPROPRIATING FUNDS, AWARDING CONTRACT, AND APPROVING CHANGE ORDER #1 FOR REMODEL OF MANAGEMENT SERVICES DEPARTMENT IN THE CITY HALL BUILDING IN THE CITY OF CHULA VISTA, CALIFORNIA (Director of Public Works/City Engineer/Director of Building & Housing) On January 8, 1986 the City Engineer received bids for the work which included the remodel of the vacated City Attorney area for use by Management Services PAPE and Public Information Divisions. It was recommended that Council: 1. Authorize the transfer of $7,801 from the Revenue Sharing Contingency Account to the CIP account. 2. Authorize the loan of $16,980.00 from the unappropriated balance of the Revenue Sharing Fund to the CIP account. Minutes 15 - February 18, 1986 3. Authorize the total project expenditure of $42,281.00, which includes $17,500 from the currently budgeted CIP account. 4. Accept bids and award contract to Ronco Construction Co., La Mesa, (low bidder) in the amount of ~33,331.00. 5. Authorize staff to execute Change Order #1 to increase the contract in the amount of ~5,050.00. (Councilman Malcolm returned to the dais.) RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 18. REPORT OF THE CITY MANAGER City Manager Goss noted two items set for the February 27 CoUncil Conference: computer traffic signal system and guidelines for future growth of the City. 19. MAYOR'S REPORT a. Mayor Cox reported SB1742 introduced by Senator Ellis would change the composition of the San Diego Unified Port District reducing it two five members. MSUC (Cox/Malcolm) to oppose SB1742. b. The Mayor commended the Parks & Recreation staff for informative news bulletins regarding that department's activities. c. MSC (Cox/Moore) to go into Closed Session at the end of the business meeting regarding potential litigation, actual litigation (Sierra Club vs. Coastal Commission), and Section 404 permit discussion on access road to Gunpowder Point. 20. COUNCIL COMMENTS a. Councilman Moore noted the number of Council functions scheduled for this coming Friday, February 21. b. Councilman Malcolm discussed SB367 regarding Transportation Financing. MSUC (Malcolm/Cox) to support SB367. c. Councilman Malcolm stated the Legislative Committee recommends opposing AB2236 - exempting places for homeless from paying utility users tax. Minutes - 16 - February 18, 1986 MSUC (Malcolm/Scott) to write the State Assembly urging Senators Deddeh and Ellis to oppose AB2236. Councilman Scott noted if this bill is passed, the City should argue its Charter City status. d. Councilman Malcolm stated he had advocated his personal concerns regarding necessity of Routes 117 and 125 to the South Bay Transportation System. MSUC (Malcolm/Moore) to go on record reiterating Council's support for the necessity of Routes 117 and 125 to the South Bay Transportation System. e. Councilman Scott questioned the legality of asphalt poured near the fence on "J" Street by Hilltop Elementary School. Director Lippitt stated all sidewalks must be poured with cement according to City policy. The property under question is in the street right-of-way and therefore requires an encroachment permit. Staff will pursue this issue so that the permit will be obtained. f. Councilman Scott referred to recent newspaper articles pertaining to the eviction of a mobilehome park resident and the vandalism of an automobile at Canterbury Court. MSUC (Scott/Moore) to request the Human Relations Commission review these two cases (review for future policies). g. Mayor Cox questioned the itinerary preparation for the Council tour on March 1. City Manager Goss replied the itinerary could be made available for distribution at the Redevelopment Agency meeting this Thursday. The Council recessed to Closed Session at 10:21 p.m. ADJOURNMENT AT 11:30 p.m. to the meeting of Tuesday, February 25, 1986 at 7 p.m. and the Council Conference on Thursday, February 27, 1986 at 4 p.m. << ~ I./~J~ 'Fu'laSz ,~ ~ Adele A. ~ Sarmi Jennie M. City Clerk Deputy City Clerk 0745c/as