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HomeMy WebLinkAboutcc min 1986/05/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May 27, 1986 Council Chamber 6:30 p.m. (Closed Session) Public Services Building 7:00 p.m. (Regular Business Meeting) ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore, Campbell, McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of May 13, 1986 MSUC (Campbell/Malcolm) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. PRESENTATION BY SAN DIEGO HISTORICAL SOCIETY Ann Kantor, Assistant Director, San Diego Historical Society, P.O. Box 81825, San Diego 92138 Ann Kantor presented an Award of Merit to the Mayor and City Council recognizing their cooperation for the recent Designer Showcase held in Chula Vista. Sheila Nasland, Chairman, San Diego Historical Society, presented a special Award of Merit to Councilman Moore as Co-Chairman of Chula Vista's 75th Anniversary Committee for his efforts regarding Designer Showcase. b. PROCLAMATION DECLARING THE WEEK OF MAY 26 - JUNE 1 "CHIROPRACTIC WELLNESS WEEK" Mayor Cox presented the proclamation to Dr. Gary Wood. Minutes - 2 - May 27, 1986 3. WRITTEN COMMUNICATIONS a. REQUEST FOR PERMISSION TO PROVIDE ACCESS TO PROPERTY AT PALM AVENUE IN BRODERICKS OTAY ACRES Gary L. Chidester, 702 E. 22nd Street, Apt. 216, National City 92050 City Manager Goss recommended this letter be referred to staff for a report. Mr. Chidester appeared before the Council stating he is a single property owner; referenced Council's consideration several weeks ago of a request by a developer to gain access to his property by installing a bridge; requested permission to develop a 10-foot dirt road to gain access to his property. MSUC (McCandliss/Cox)to refer this to staff for a report back. b. REQUEST FOR COUNCIL REVIEW OF "CALIFORNIA FAIR PAY AMENDMENT" - Assembly Committee on Elections and Reapportionment, Johan Klehs, Chair, Sacramento 95814 This measure repeals existing Government Code and California Constitution sections pertaining to salaries of constitutional officers and other elected or appointed state and local officials. It limits salaries to a maximum of ~64,000 and any increase for elected officials and/or City employees requires an initiative. It was recommended this letter be referred to the Legislative Committee for a report. Councilman Malcolm commented that although he agreed an initiative to limit pay for the City Council was acceptable, if cities/counties are required to have their chief executive officer balance a billion dollar budget, he questioned limiting the $64,000 a year salary for City Managers, City Attorney, department heads, and all City employees. MSUC (Malcolm/Campbell) (Legislative Committee recommendation) to oppose Paul Gann's "Fair Pay Initiative" on the November ballot. c. REQUEST TO SUPPORT SCA-9 (RELEASE OF CONVICTED MURDERERS) - Mayor Tom McEnery, City of San Jose, 801 No. First Street, San Jose 95110 SCA-9 would give the California governor specific authority to review the State Parole Board's decision to release a convicted murderer and would give the state's chief executive officer 30 days to affirm, modify or reverse the decision. MSUC (Malcolm/McCandliss) to support Senator Boatwright's Constitutional Amendment 9. Minutes - 3 - May 27, 1986 d. REQUEST FOR WAIVER OF FEES AT LAUDERBACH COMMUNITY CENTER - D. A. Boyd, President, Chula Vista Pop Warner, Jr. Football Association, P.O Box 7223, Chula Vista 92012 The City Council is requested to allow rent-free use of Lauderbach Community Center for one evening, as well as permit the sale of beer and wine on location and advance ticket sales. MSUC (Moore/McCandliss) refer this letter to staff. e. REQUEST TO DOCKET MARKETING PROPOSAL ON JUNE 3 CITY COUNCIL AGENDA - Sherry Huffman, Chairman, Visitor Development Committee, Chamber of Commerce, 233 Fourth Avenue, Chula Vista 92010 This was a proposal from the Chamber of Commerce to attract additional tourist dollars to Chula Vista. It was understood that along with this written report is a 15-minute presentation. The City Manager recommended consideration of this report be held either at a Council Conference, or probably more appropriately, at the June 5 budget session which considers the Community Promotion budget. MSUC (McCandliss/Cox) docket this item for Council consideration on June 5. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING PROPOSED CHANGES TO CITY ORDINANCE 1997, MOBILEHOME RENT MEDIATION (Continued from May 6, 1986)(Community Development Director) This being the time and place as advertised, Mayor Cox declared the public hearing open. Assistant Community Development Director Gustafson explained the City Council, at their March 11 meeting, requested that a written report be submitted at the May 6 meeting concerning the Mobilehome Issues Committee's progress in examining City Ordinance 1997 and that a public hearing be held on that date to discuss the Ordinance. The public hearing and discussion were postponed until May 27 to allow the Mobilehome Issues Committee an opportunity to ratify their final recommendations. The Mobilehome Issues Committee has been reviewing City Ordinance 1997 for over a year, and at their May 8 meeting ratified their final recommendations. Many of the proposed changes are either clerical in nature or are designed to clarify the intent of the Ordinance. In addition to the changes proposed by the Committee, the City Attorney's Office offered recommendations that lend legal clarity and more appropriate wording in various sections of the Ordinance. These changes do not alter the intent or mechanics of the Ordinance. Minutes - 4 - May 27, 1986 The recommendation was that Council: 1. Accept the Mobilehome Issues Committee Report. 2. Examine the amendments proposed by both the Committee and .staff to City Ordinance 1997, and give staff direction as to how the Council would like to proceed. The following individuals spoke in favor of the report: Mary Francis Click, 1100 Industrial Blvd., #I-57, Chula Vista 92011, representing the Mobilehome Issues Committee; Ed Jackson, 350 Broadway, #26, Chula Vista; Karen Seal, La Mesa 92041, representing the park owners; Heinz Seiler, 1425 Second Avenue, #301, Chula Vista 92011, representing District 4 Rent Stabilizaton Committee; Bill Mecham, 23441 South Pointe Laguna Hills, representing Chula Vista Mobilehome Park Owners; Cliff Roland, 1100 Industrial Blvd., representing GSMOL; (Mary R. Thurston, 100 Woodlawn Avenue, #83, Chula Vista, representing GSMOL; Ollie Gaston, 100 Woodlawn Avenue, #82, Chula Vista; Catherine Allen, 100 Woodlawn Avenue, #92, Chula Vista, representing Bayscene Mobilehome Park did not speak but registered support). These individuals discussed the following: the Mobilehome Issues Committee (MHIC) discussed this issue for 1-1/2 years; as a result of these discussions by MHIC a sub-committee was formed; the same index should be used for all mobilehome parks; MHIC solution is the best they could come up with; original vote on this issue was 9 to 9; against rent control but support fair rentals; owners are entitled to a fair return on their investments; suggested devising a simple method taking into consideration maintenance and actual cost in getting return on investments; fair rent increases, if necessary, should be included; requested an odd numbered membership on MHIC; both sides met to decide what should trigger the ordinance; housing component was decided as the triggering mechanism; owners are willing to look over the CPI provided they can pass over costs in which they had no control; requested a continuance of this hearing; park residences are encouraged to attend MHIC meetings; reserve the right to challenge Council's action on this ordinance in Court; requested binding arbitration be provided in the ordinance; suggested using COLA would be a truer measure than the CPI as the index; urged no uncontrollable pass-throughs; only one insurance company is writing liability insurance for mobilehome parks in the State of California; willing to work further if this is Council's desire but would accept ordinance as amended. Assistant Community Development Director Gustafson stated the proposed ordinance does not speak completely to pass-throughs and this method is at the election of the park owners. If pass-throughs are utilized, more specific language should be included in the ordinance. Minutes - 5 - May 27, 1986 The following spoke in opposition to the proposed ordinance: Patricia Kelly, 1425 Second Avenue, #342, Chula Vista, representing Mobilehome Rent Control; H. Duncan, 1100 Industrial Blvd.; Robert Flaugher, 1100 Industrial Blvd. Their concerns included: compared pass-throughs as opposed to rent; problems concerning obtaining liability insurance could be as a result of poor park management; pass-throughs are uncontrolled and should be deleted from the ordinance; park owners and residents are still at an impasse; requested City Council pass the ordinance to protect residents' rights from excessive rent increases without justifications; urged City Council to reject Ordinance 1997 and replace it with an ordinance that is meaningful and binding to all persons in the park, including park owners; suggested use of COLA of Social Security; requested City Council allow MHIC to continue discussions of this ordinance. There being no further testimony either for or against, the public hearing was closed. In response to Councilwoman McCandliss' question, Assistant Community Development Director Gustafson explained the ordinance is an attempt to form communication between park residents and park owners, and when public safety is threatened, the City is providing a mechanism to get these two groups together to talk. Council discussion followed concerning the request to allow more time to continue discussions in order to reach a solution; MHIC has come up with a commendable solution; consumer price for the entire United States is a fair measure for rental increases; need to guarantee the property owner a reasonable increase to cover their costs; supported the National All Consumer/All Items index; opposed pass-throughs; appropriate for the City to have a controlling measure for rate increases; binding arbitration; ordinance should provide a "next step" to make a more complete ordinance; discussed pros and cons of pass-throughs. MS (Malcolm/Campbell) refer the item back to staff to come back with an ordinance for approval in the next week or two incorporating concerns regarding what is the next step, pass-throughs, and the index. Discussion on the motion ensued regarding incorporating the all CPI - All Urban Consumer/All Items index as a basis for the rent increases and that no pass-throughs, except possibly for major types of improvements be allowed, and the desire to specify in the ordinance what this next step would be. Councilwoman McCandliss questioned if the local CPI would give a better representation than the national CPI. She requested staff prepare a 5 to 6 year comparison of both indexes giving a breakdown of what the components are. Minutes - 6 - May 27, 1986 Councilman Campbell concurred with this addition to the motion as it would give a better exposure of what is happening in the areas of primary interest to the Council. The motion to refer to staff passed unanimously. City Attorney Harron recommended reopening the public hearing in order to give the public an opportunity to respond to items addressed tonight regarding the ordinance. MSUC (McCandliss/Moore) to reopen the public hearing to discuss items (discussed today). Assistant Community Development Director Gustafson stated if it is Council's desire to have staff report back with the MHIC review, a response could come back by June 17. MSUC (Cox/McCandliss) to reschedule this item for reconsideration on June 17 and ask that the Mobilehome Issues Committee look at it. City Council recessed at 9:10 p.m. and reconvened at 9:20 p.m. Councilmembers McCandliss and Malcolm out. 5. PUBLIC HEARING MID-BAYFRONT REQUEST TO STOCKPILE FILL MATERIAL (Continued from May 20, 1986) Community Development Director) RESOLUTION 12494 AUTHORIZING THE ISSUANCE OF .A COASTAL DEVELOPMENT PERMIT FOR THE CHULA VISTA INVESTMENT COMPANY MID-BAYFRONT STOCKPILE This being the time and place as advertised, Mayor Cox declared the public hearing open. Community Development Director Desrochers submitted transparencies indicating Chula Vista Investment Company, owner of property located in the Chula Vista Mid-bayfront Subarea of the Local Coastal Zone, has obtained the rights to a large amount of fill material. Since future development within the Mid-bayfront will require an extraordinary amount of imported fill, the applicant wishes to take advantage of available material and stockpile it on their site. It was recommended the City Council find the proposed stockpiling of fill material in the Mid-bayfront is consistent with and adequate to carry out the policies of the Certified Chula Vista BayfrOnt Local Coastal Program. There being no testimony either for or against, the public hearing was closed. Minutes - 7 - May 27, 1986 RESOLUTION OFFERED BY COUNCILMAN CAMPBELL, the reading of the text was waived by unanimous consent, passed and approved (Councilwoman McCandliss and Councilman Malcolm out). 6. PUBLIC HEARING PCA-86-4; CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE TO PROHIBIT THE CONVERSION OF A RESIDENTIAL GARAGE UNLESS IT IS REPLACED WITH ANOTHER GARAGE (Director of Planning) ORDINANCE 2151 AMENDING CHAPTER 19.62 OF THE CHULA VISTA MUNICIPAL CODE TO REQUIRE A REPLACEMENT GARAGE - FIRST READING Councilwoman McCandliss and Councilman Malcolm returned to the dais. This being the time and place as advertised, Mayor Cox declared the public hearing open. Planning Director Krempl. explained in April, 1985, the City Council directed staff to return with a report and recommendation regarding whether garage conversions should be prohibited in the City. On March 25, 1986, Council directed staff to prepare an amendment to the garage conversion provisions of the Municipal Code with a referral to the Planning Commission for their recommendation. On April 23, 1986, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-81-10, and Resolution PCA-86-4 recommending that the Council enact an ordinance amending the Municipal Code. While a case can be made for the retention of the present permissive regulations governing garage conversion in terms of the convenience and short term financial advantage for the homeowner, the arguments for requiring a replacement garage are more persuasive from an overall city planning and safety standpoint. Inevitably, garage conversions lead to more paving of front yards and additional on-street parking which tends to clutter a residential area, and conversion of a number of garages in a neighborhood tends to be an early indicator of neighborhood decline. Because of these factors and the fact that few property owners would benefit from open parking behind the front setback, staff recommends approval of the replacement garage requirement. Councilman Malcolm remarked the City has the unique opportunity to start cleaning up and improving areas in Chula Vista that need it most. He suggested the ordinance be amended that if anyone wishes to convert (parking space) they be required to provide a two-car garage to replace their converted one. Minutes - 8 - May 27, 1986 Don Culver, 191 Corte Maria, Chula Vista, testified he purchased his home with the garage conversion and questioned how this ordinance would affect him. In response, it was noted if the conversion is legal this ordinance would have no effect; otherwise, the owner could request a compliance inspection or apply for a variance. There being no further testimony either for or against, the public hearing was closed. Councilwoman McCandliss acknowledged that the City has significant garage conversion problems. It is critical City Council control the proliferation of garage conversions and she supported the ordinance as presented tonight. MS (McCandliss/Malcolm) to place the ordinance on First Reading, the reading of the text was waived by unanimous consent. Councilman Malcolm reiterated with each garage conversion, a parking space is lost; therefore, a two-car garage should be required. AMENDMENT TO ORDINANCE MSUC (Malcolm/Cox) to require all conversions to be brought up to our existing codes if they are going to convert. (Councilwoman McCandliss opposed.) The motion to place the ordinance, as amended, on first Reading passed unanimously. 7. PUBLIC HEARING ZONING TEXT AMENDMENT PCA-86-8 - TO AMEND TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE TO DELETE CONSTRUCTION OF APARTMENTS WITH APPROVAL OF A CONDITIONAL USE PERMIT IN THE C-N, C-C AND C-T COMMERCIAL ZONES (Director of Planning) ORDINANCE 2152 AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE TO DELETE CONSTRUCTION OF APARTMENTS WITH APPROVAL OF A CONDITIONAL USE PERMIT IN THE C-N, C-C AND C-T COMMERCIAL ZONES FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. Minutes - 9 - May 27, 1986 The City Council, in its meeting of March 11, 1986, reviewed a report evaluating the appeal procedure for Conditional Use Permits as it applied to matters heard by the Planned Commission. Staff, in reviewing land uses subject to the CUP process and the present procedure for CUP review, recommended that a zoning text amendment be processed which would require a rezoning for any proposed residential development in a commercial zoning district, rather than processing a conditional use permit. Council accepted the report and directed staff to proceed with a zoning text amendment deleting construction of apartments in commercial zones with approval of a conditional use permit. An Initial Study, IS-86-40, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on April 18, 1986. The Environmental Review Coordinator concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. On April 23, 1986, the Planning Commission certified the negative declaration issued on IS-86-40, and approved the proposed ordinance amendment. The recommendation was that Council: 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-86-40. 2. Adopt a recommendation to approve the proposed ordinance amendment. Director of Planning Krempl stated that to be consistent with the action of the Planning Commission, Sections 1 and 2 of the ordinance regarding C-O and C-B zones should be deleted. There being no testimony either for or against, the public hearing was closed. MSUC (Cox/McCandliss) to place the ordinance, as amended, on First Reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. ORAL COMMUNICATIONS a. Don Culver, 191 Corte Maria, discussed the continuing truck traffic on Corte Maria near the Flower Street construction project. MS (McCandliss/Malcolm) to ask Mr. Gardner (Stafford-Gardner) to require a flagman or whatever he needs to provide to insure heavy trucks will not be hindering "E" Street Or traveling down Corte Maria. Minutes - 10 - May 27, 1986 Council discussion ensued regarding an alternate truck route for heavy equipment trucks. Director of Public Works/City Engineer Lippitt stated Mr. Gardner was notified he could close the street with the condition that trucks enter the site through Bonita Road. SUBSTITUTE MOTION MS (Cox/Malcolm) refer this item to staff for a recommendation next week to make sure staff looks at all options and if there is breakage on Corte Maria and other streets as a result of heavy trucks that should be documented along with a plan of action on how it will be rectified. b. Jeffrey Otherson, 1190 Napa Avenue, Chula Vista, discussed the on-going problem of theft of heavy duty equipment at his businesses on Broadway and on Fourth Avenue; noted brawls, hit and run accidents, other auto theft in the area; lack of police patrols in the area since annexation to Chula Vista; tremendous amount of alien traffic. Council discussion followed with the suggestion Mr. Otherson appear before Council when this type of issue is considered during budget session. MSUC (Cox/McCandliss) to refer Mr. Otherson's concern to staff to report back to see if there is anything the City can do to take immediate steps to address this. CONSENT CALENDAR (9 - 16) Items 14 and 16 pulled. City Attorney Harron advised that Mayor Cox and Councilman Malcolm should abstain on Item 15a - c due to a potential conflict of interest. MSUC (Cox/Campbell) to approve the Consent Calendar (Mayor Cox and Councilman Malcolm abstained on Item 15a through c). 9a.RESOLUTION 12495 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES ON "D" STREET BETWEEN SECOND AVENUE AND MINOT AVENUE (Director of Public Works/City Engineer) b. RESOLUTION 12496 APPROVING SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS IN REGARD TO DEFERRAL AGREEMENT ON PROPERTY AT 172 "D" STREET Minutes - 11 - May 27, 1986 The City, by Resolution 6554 adopted August 8, 1972 (copy attached), authorized the deferral of the installation of certain public improvements on the property owned by Daniel H. and Linda C. Josephson located at 172 "D" Street in the City of Chula Vista. On April 10, 1985, the Planning Commission authorized the Chairman to give written notice to Daniel H. & Linda C. Josephson to install their deferred public improvements. Subsequently, a letter was sent from the Chairman to the Josephson's calling up the deferral thereby creating a difference of opinion between the Josephson's and the City on the amount they would pay. 10. RESOLUTION 12497 APPROVING CONTRACT CHANGE ORDER NO. 1 TRAFFIC SIGNAL, EAST "H" STREET AND HIDDEN VISTA DRIVE - AND AUTHORIZING THE CITY ENGINEER TO EXECUTE (Director of Public Works/City Engineer) McCain Construction Company, Inc. was awarded the contract by Resolution 12430 for construction of traffic signal and safety lighting system at East "H" Street and Hidden Vista Drive. The contract is dated April 17, 1986. McCain Construction has given the City a price of $2,282.75 to install 120 lineal feet of 2-1/2 inch rigid steel conduit with necessary fittings, one additional pull box, and furnish labor and equipment. The Traffic Engineer has reviewed their proposal and recommended approval. 11. RESOLUTION 12498 ACCEPTING AN EASEMENT FOR STREET PURPOSES AT THE END OF BOSWELL ROAD AND FENTON STREET, EASTLAKE BUSINESS CENTER UNIT NO. 1 (Director of Public Works/City Engineer) On March 19, 1985, by Resolution No. 11960, the City Council approved the tentative subdivision map for Chula Vista Tract 84-7, EastLake I Village and Business Center. The final map for Unit No. 1 was approved by the City Council on May 6, 1986, by Resolution No. 12453. A street easement for temporary turnarohnds at the ends of Boswell Road and Fenton Street outside the subdivision boundary and within the boundaries of the County of San Diego is now before Council for acceptance. 12. RESOLUTION 12499 ACCEPTING GRANTS OF EASEMENT FOR DRAINAGE AND ACCESS PURPOSES FROM THE OWNERS OF LOTS 1 AND 2 OF EL RANCHO DEL REY, UNIT 6A (Director Of Public Works/City Engineer) Easements within Lots 1 (770 Cassia Place) and 2 (768 Cassia Place) of E1 Rancho del Rey Unit 6A, Map No. 10715 are required for storm drainage facilities and maintenance access by City Public Works forces. Minutes - 12 - May 27, 1986 13. RESOLUTION 12500 ACCEPTING WORK - CLOSED CIRCUIT TELEVISION INSPECTION OF DESIGNATED SEWER MAINS, PHASE I IN THE CITY OF CHULA VISTA, CALIFORNIA (Director of Public Works/City Engineer) Sanitation and Operation Consultants, Inc. has completed the cleaning, closed circuit television inspection of selected sewer mains within the City and has prepared a report which evaluates the condition of the sewer mains inspected. This contract, dated January 30, 1986, was awarded by the City Council on January 14, 1986, by Resolution 12330. FISCAL STATEMENT Authorized Expenditures $39,000.00 Original Contract Amount ~36,802.80 Actual Contract Amount 36,469.16 Balance $ 2,530.84 14. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NAUTICAL HERITAGE MUSEUM RELATING TO THE TALL SHIP CALIFORNIAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Management Services) Pulled from Consent Calendar. 15a.RESOLUTION 12501 MAKING FINDINGS ON pETITION REQUESTING THE ACQUISITION OF CERTAIN PUBLIC IMPROVEMENTS TO BE ACQUIRED PURSUANT TO THE TERMS AND PROVISIONS OF wMUNICIPAL IMPROVEMENT ACT OF 1913" (Director of Public Works/City Engineer) b. RESOLUTION 12502 MAKING PRELIMINARY APPOINTMENTS, APPROVING CONSULTING AGREEMENTS, ACQUISITION/ FINANCING AGREEMENT, AND A REIMBURSEMENT AGREEMENT FOR THE ASSESSMENT DISTRICT PROCEEDINGS c. RESOLUTION 12503 ESTABLISHING BOUNDARIES FOR THE PROPOSED ASSESSMENT DISTRICT #86 (EASTLAKE) The EastLake Development Company has requested the City initiate proceedings under the 1913 Act for an Assessment District to "acquire" certain water, sewer, and street improvements in the "Hills and Shores" area of the EastLake development. The EastLake Public Facilities Financing Plan anticipated Assessment Districts Minutes 13 - May 27, 1986 as the secondary method of financing on-site improvements with Subdivision Map exactions as the primary method, although several changes in the financing plan have been made including the already approved Assessment District 85-2. The original plan was for one assessment district, but because of timing, it was necessary to split the district into two districts, 85-2 and 86-1. (Mayor Cox and Councilman Malcolm abstained.) 16. REPORT BOARD OF ETHICS MEETING TO DISCUSS ITS FUTURE ROLE (City Attorney) Pulled from Consent Calendar. END OF CONSENT CALENDAR 14. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NAUTICAL HERITAGE MUSEUM RELATING TO THE TALL SHIP CALIFORNIAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Management Services) Councilman Malcolm noted the contract was not included with this item. MSUC (Cox/Malcolm) to hold over this item for one week. 16. REPORT BOARD OF ETHICS MEETING TO DISCUSS ITS FUTURE ROLE (City Attorney) The Board of Ethics met on may 19, 1986 to discuss its future and recommended they be retained as a sounding board to discuss matters that are not within the jurisdiction of the Fair Political Practices Commission. The Board also expressed a strong desire to have Council go ahead and fill all vacancies which currently exist. The recommendation was that Council take action to fill vacancies on the Board. It was moved by Councilman Malcolm to ask the presiding judge of the South Bay Municipal Court to appoint the Board of Ethics. members. The motion died for lack of second. Discussion followed concerning who should approach the presiding judge for selection of the Board members - City Council members or the City Attorney; concern due to lack of quorum for this Board; suggesting to presiding judge that Council is looking for qualified appointments; vacancies should be advertised in accordance with the Maddy Act prior to final selection by the presiding judge. Minutes 14 - May 27, 1986 It was moved by Councilwoman McCandliss that Mayor Cox and Councilwoman McCandliss contact the presiding judge of the South Bay Municipal Court concerning making appointments to the Board of Ethics. Councilman Malcolm stated in order to avoid politically influencing the judge, it would be more appropriate for the City Attorney to make contact. The motion died for lack of second. MSC (Malcolm/McCandliss) to request the City Attorney to contact the presiding judge to see if there is a willingness to discuss filling vacancies on the Board of Ethics and review the applicants. (Councilman Moore opposed.) 17. REPORT OF THE CITY MANAGER a. City Manager Goss reported the low bid for construction of the Trolley Station was by L. R. Hubbard for ~1,492,000 ($92,000 above the Engineer's estimate). 18. MAYOR'S REPORT a. Mayor Cox reported in August the California Transportation Commission will be meeting in San Diego this year regarding possibly putting in State Route 54 between 1-805 and future 125 into the 6-year Capital Improvements Plan. MS (Cox/Moore) ask staff to bring back a resolution in support of including that (Route 54 in CIP) and contact other cities (including various planning committees) requesting their cooperation in doing the same thing. b. MSUC (Cox/McCandliss) to refer AB 4155 (Killea/Peace) (improving water quality) to the Legislative Committee for a report back next week. c. Mayor Cox noted a request has been received from the City of Vancouver, Canada in conjunction with their Centennial celebration. Assistant to the City Manager Morris noted the Vancouver Centennial Committee has requested gifts from Chula Vista, which will be returned, to exhibit during their exposition. MSUC (Cox/Moore) to authorize sending a 75th Anniversary Medallion, Chula Vista Heritage Book, and copy of the video tape on Chula Vista's history. Minutes 15 - May 27, 1986 19. COUNCIL COMMENTS a. Councilwoman McCandliss requested a status report regarding SANDAG'S discussion on the Transportation Advisory Committee sales tax. Councilman Moore explained SANDAG accepted the 1/3-1/3-1/3 distribution noting that 5 to 6 entities came up with different distribution. It was moved by Councilwoman McCandliss that Chula Vista send a letter to SANDAG asking them to reconsider the 1/3 distribution in favor of the (Chula Vista's) 50-25-25 distribution. The motion died for lack of second. Councilman Malcolm questioned SANDAG'S authority as a taxing entity which can pass laws without going to the vote of the people. He suggested in order to be fair to the people, the City should oppose this special tax. b. Councilman Malcolm commented he has viewed the motorhome parked in front of Elm Street which has electrical lines connected to it. Also, the rear room has been used as a guest house. MS (Malcolm/McCandliss) refer this to the City Attorney to take action to abate the permanent residences in a guest house (in any location in the City). City Attorney Harron noted the problem is that the City does not define what a guest residence is, but that the intention of the ordinance is that guest houses would not be used as a permanent residence. To enforce this, the City Attorney suggested clarifying existing law setting forth a time period for a guest and have a public hearing (with notices to affected citizens). The motion to refer this to the City Attorney requesting a clarifying ordinance passed unanimously. c. Councilman Malcolm suggested the City Council take a position, possibly a letter to its citizens noting that they may not have realized the implications on the City's ability to provide Police and Fire services since the passage of Proposition 51. It was moved by Councilman Malcolm to direct staff to prepare a letter immediately for the City Council's signatures in support of Proposition 51. The motion died for lack of a second. Minutes - 16 May 27, 1986 City Attorney Harron stated the City Council is prohibited by law for expending public monies in support of a measure that is before the voters. Mayor Cox indicated he will draft a letter for City Council's review and signature. d. MSUC (Cox/McCandliss) to recommend the Legislative Committee oppose AB ~413 (Killea) (California Shore, Beach and Stream Restoration and Facilities Bond Act of 1986). e. Councilman Moore cited a possible water erosion problem at the west end of "K" Street, abutting First Avenue caused by a water company breakage. ADJOURNMENT AT 10:55 p.m. to the meeting of Tuesday, June 3, 1986 at 4 p.mo JENNIE M. FULASZ, CMC CITY CLERK Adele A. Sarm~ento Deputy City Clerk 0806C/as