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HomeMy WebLinkAboutcc min 1988/08/02 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA Tuesday, August 2, 1988 Council Chamber 4:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm, Moore and McCandliss MEMBERS ABSENT: None STAFF PRESENT: Assistant City Manager Asmus, Assistant City Attorney Rudolf, Deputy City Manager Morris PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MOTION MSUC ~Moore/McCandliss) to approve the Minutes for the Regular Meeting of July 26, 1988. RECONSIDERATION OF THE MOTION MSUC {Nader/McCandliss) to reflect a correction on page 18, 4th paragraph, line 4 to state "Councilman Malcolm out"; and on page 20, 2nd paragraph, line 6 to state "Councilman Malcolm out." 2. SPECIAL ORDERS OF THE DAY a. PROCLAIMING TUESDAY, AUGUST 9, 1988 AS "NATIONAL NIGHT OUT" Frank Roseman, Co-Chairman of the Crime Prevention Committee accepted the Proclamation on behalf of the National Town Watch Association who will conduct the fifth annual "National Night Out" on Tuesday, August 9th, which Association provides a way for neighborhoods to join forces against crime by returning a sense of cameraderie, safety and security back into neighborhoods across the nation. At 4:10 p.m. Council recessed to adjourn as the Redevelopmerit Agency and reconvened at 4:45 pm. CONSENT CALENDAR (Items 3a 14) Pulled 3a, 3b, 3d, 3e, 6, 8, 13 and 14 which was continued. BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILWOMAN McCandliss, the reading of the texts waived by unanimous consent, passed and approved unanimously. MINUTES 2 August 2, 1988 3. WRITTEN COMMUNICATIONS a. REQUEST FOR GARBAGE CANS ALONG BROADWAY Richard L. Schubert, 350 Broadway, Space 15, Chula Vista 92010 Pulled from the Consent Calendar. b. REQUEST TO PROVIDE M.O.P.A.C WITH SAME SERVICES AS PROVIDED TO THE C.V. MOBILEHOME ISSUES COMMITTEE R.C. Flaugher, llO0 Industrial Blvd., Chula Vista 92011 Pulled from the Consent Agenda. c. REQUEST FOR ASSURANCE OF VEHICULAR ACCESS FROM FOURTH AVENUE TO NORTH SIDE YARD OF PROPERTY AT 952 FOURTH AVENUE B.L. Seaton, 952 Fourth Avenue, Chula Vista 92011 Council directed that all issues involved be comprehensively reviewed and a subsequent report brought back to Council. d. CONCERN REGARDING STREET LIGHTS ON MEDICAL CENTER DRIVE - Anonymous letter(per Councilman Malcolm). Pulled from the Consent Agenda. e. REQUEST FOR ORDINANCE TO KEEP PROPERTY OWNERS FROM CLOSING MOBILEHOME PARKS UNTIL REPLACEMENT SPACES ARE FOUND - Pat Kelly, 1425 Second Avenue, space 342, Chula Vista 92011 Pulled from the Consent Agenda. 4. RESOLUTION 13710 APPROVING CHANGE ORDER NO. l, TREE TRIMMING SERVICE FOR FY 1987-88 CONTRACT, EXTENDING CONTRACT TIME AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY (Director of Public Works) Council awarded a contract in the amount of $99,496.68 to Davey Tree Surgery Company for tree trimming service for FY 87-88. Funding for the contract amounted to $110,432.03 and included the contract amount plus $10,935.35 in contingencies. Council directed staff to use the contingency funds for the 13b trees located within the Library park to be trimmed as part of this contract. 5. RESOLUTION 13711 ACCEPTING GRANT OF EASEMENT FROM BONITA POINT PLAZA PARTNERSHIP FOR SEWER PURPOSES IN BONITA POINT SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF EAST "H" STREET AND OTAY LAKES ROAD (Director of Public Works) MINUTES 3 - August 2, lg88 A lO foot easement for sewer purposes to the City was accepted on May 17, 1988. Due to certain construction difficulties, a portion of the sewer line which lies in Parcel lO had to be realigned and shifted southerly approximately 3 feet; an additonal 3 foot wide easement is now needed. 6. RESOLUTION TO ADD A BALLOT MEASURE REGARDING AN ORDINANCE AMENDING THE CONTROLLED GROWTH INITIATIVE ORDINANCE TO CLARIFY THE CONTROLLED GROWTH INITIATIVE ORDINANCE AS TO CLUSTERING AND DENSITY TRANSFERS (City Attorney) Pulled from the Consent Agenda. 7. RESOLUTION 13712 ACCEPTING EASEMENT FROM CHULA VISTA PARKVIEW LTD. FOR STREET RIGHT OF WAY AT 64 FOURTH AVENUE AND RELATED SUBORDINATION AGREEMENT (Director of Public Works) As part of the apartment construction at 64 Fourth Avenue, the owners were required to dedicate a 2-foot wide strip of land along the Fourth Avenue frontage. The owners have executed their portion of the deed along with the necessary Subordination Agreement by the lending institution. 8. RESOLUTION ACCEPTING REAL PROPERTY CONTRACTS AND EASEMENTS FOR STREETS PURPOSES ALONG FRESNO AVENUE JUST NORTH OF MAIN STREET (Director of Public Works) Pulled from the Consent Agenda. 9. RESOLUTION 13713 ACCEPTING PUBLIC IMPROVEMENTS, EASTLAKE I, UNIT 7 (Director of Public Works) Brehm Communities has completed the requirements for public improvements for the EastLake I, Unit 7 subdivision. A final inspection was performed on July 18th and all work was found to be completed in accordance with the approved. plans and to the satisfaction of the City Engineer. lO. RESOLUTION 13714 ACCEPTING BIDS AND AWARDING CONTRACT FOR PLACEMENT OF CHIP SEAL (FY 1988~89 PROGRAM) ON VARIOUS STREETS IN THE CITY {Director of Public Works) The Director of Public Works received bids for placement of Chip Seal {1988-89 Program) on various streets in the City. Funds for this project were budgeted in Fiscal Year 1988-89. Council accepted the bids and awarded the contract to Sim J. Harris Company (low bidder) in the amount of $86,528.64. MINUTES 4 - August 2, 1988 lla. RESOLUTION 13715 APPROVING MASTER AGREEMENT WITH EASTLAKE DEVELOPMENT COMPANY FOR ACQUISITION, CONSTRUCTION AND FUNDING OF TELEGRAPH CANYON ROAD/OTAY LAKES ROAD IMPROVEMENTS AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) b. RESOLUTION 13716 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY FOR THE MAINTENANCE OF TELEGRAPH CANYON DRAINAGE CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) A c6ndition of the EastLake Development Agreement and the Public Facilities Financing Plan (PFFP) was that, after a certain number of building permits had been issued, no more could be issued until construction had begun on Telegraph Canyon Road/Otay Lakes Road between EastLake and Paseo Ladera. EastLake is now at that point and this will allow EastLake to continue development based on their commitments for construction of the road and drainage channel. All City costs associated with this project are proposed to be reimbursed from Development Impact Fees or Assessment District proceeds. Consequently, no long-term fiscal impact on the City is foreseen. 12. ORDINANCE 2277 PREZONING 1.11 ACRES TO P-C (EASTLAKE BUSINESS CENTER DISTRICT BC-1)- SECOND READING & ADOPTION (Director of Planning) The request is to prezone 1.11 acres adjoining the northerly boundary of Lots 13, 14, 15 and 44 of the EastLake Business Center to P-C Planned Community zone (EastLake Business Center District BC-2). The Ordinance was placed on first reading at the meeting Of July 26, 1988. 13. ORDINANCE 2278 AMENDING SECTION 1.08.010 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO USE OF THE CITY SEAL SECOND READING & ADOPTION (Assistant City Attorney) Pulled from the Consent Agenda. 14. REPORT CONSIDERATION OF COUNCIL POLICY FOR THE USE OF CHURCHES AS TEMPORARY SHELTERS FOR THE HOMELESS (Director of Planning) MOTION )~'S1]'C"(Nader/Cox) to continue to the Meeting of August 23, as requested by the Regional Task Force on the Homeless. END OF CONSENT CALENDAR MINUTES 5 August 2,198~ PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC MEETING RESOLUTION 13717 DETERMINING AND DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT OF WAY FOR PUBLIC STREET, DRAINAGE, SEWER AND UTILITY PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY (Continued from meeting of duly 19, 1988 (City Attorney) This being the time and place as advertised the public meeting was declared open. Director of Public Works Lippitt reported the proposed taking constitutes 29.79 acres out of an approximate total acreage of 23,500 acres owned by United Enterprises. Balancing the need for the improvements for health and safety purposes versus the effect on United Enterprises, it is reasonable to approve the eminent domain action. It is recommended Council use its powers of eminent domain to condemn approximately 19.79 acres of property belonging to United Enterprises for street, drainage, sewer and utility improvements along Telegraph Canyon Road. Director Lippitt reported a telephone call from United Enterprises to inform him that no one would be present at this meeting. There being no one from the public to speak either for or against this issue, the public meeting was declared closed. RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved unanimously. 16. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT APPLICATION NO. 34 FOR THE CONSTRUCTION OF A 300,000 GALLON WATER STORAGE TANK {Community Development Director) RESOLUTION 13718 ADOPTING NEGATIVE DECLARATION IS-88-28 AND APPROVING COASTAL DEVELOPMENT PERMIT NO. 34 FOR THE DEMOLITION AND RECONSTRUCTION OF WATERTANKS AT ROHR INDUSTRIES This being the time and place as advertised the public hearing was declared open. Community Development Director Desrochers reported Rohr Industries submitted a Coastal Development Permit application for the construction of a 300,000 gallon water storage tank and the demolition of two existing, wooden storage tanks. The project is located within the non-appealable area of the Coastal Zone and requires Coastal Development Permit review. Rohr Industries will install the necessary landscaping for the water tank, and all conditions have been met. MINUTES 6 August 2, 1988 In answer to Councilwoman McCandliss' question, Director Desrochers reported the Design Review Committee suggested a certain amount of landscaping be undertaken for the water tank itself; Rohr Industries had planned to landscape the entire periphery of the plant. Councilman Malcolm discussed his concerns and Director Desrochers explained that an Agreement flas been approved with Rohr Industries for the landscaping and the City is protected under the Redevelopmerit Plan which requires the work to be completed. If the Landscape Plan is not ready for approval by the Design Review Committee in one year, Rohr shall provide landscaping at the water tank. There being no one from the public to speak either for or against this issue, 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. At 5:05 p.m., Councilman Malcolm left the dais. 17. ORAL COMMUNICATIONS a. Kevin Malone, 750 Monterey Avenue, questioned an article in the STAR NEWS relative to the Mello Roos issue, and that Council is considering having a bond issue to spread the taxes throughout the City. Councilwoman McCandliss explained that the bond issue is intended for the School District to "buy down" the school tax but not eliminate the obligation completely, and would have no impact on the EastLake residents' assessment district. Mayor Cox offered that Council is sympathetic to the residents of EastLake, especially since the City has never before used the Mello Roos and can support legislature to urge the State to assume t)~eir former role with the School Districts. b. Paul L. Greene, Sr., submitted a request to speak but was not in the Council Chamber when summoned. PULLED ITEMS a. REQUEST FOR GARBAGE CANS ALONG BROADWAY Richard L. Schubert, 350 Broadway, Space 15, Chula Vista 92010 MOTION MSC Nader/McCandliss) to refer to staff to come back with a report as to "theft-proof" trash receptacles which can be installed and to advise the citizen of Council's action. {Councilman Malcolm out) Mayor Cox expressed that, in the interim, intermediate steps are taken to put out additional trash cans to solve the problem wherever a need exists. Discussion followed on the pros and cons of the Mayor's suggestion. At 5:17 p.m., Malcolm resumed his seat on the dais. MINUTES - 7 - August 2, 1988 b. REQUESTTO PROVIDE M.O.P.A.C WITH SAME SERVICES AS PROVIDED TO THE C.V. MOBILEHOME ISSUES COMMITTEE (MHIC) - R.C. Flaugher, llO0 Industrial Blvd., Chula Vista 92011 Staff recommended, due to distinct differences between the two organizations, R. C. Flaugher be advised that provision of the same services to MHIC would not be appropriate. Mr. R. Flaugher, llO0 Industrial Boulevard, questioned the "distinct differences" that might exist as stated in the staff's recommendation and that he will wait for the letter. MOTION MS ~ore/Cox) to accept the staff recommendation. Councilman Nader questioned staff on a referral to come back with a report on the MHIC as an official Committee. Mary Frances Click, llO0 Industrial Boulevard, reported the suggestion by Council that MHIC be made an official committee, which suggestion was rejected by the membership. Mrs. Click further reported how the five members vote to select from the alternate membership (stating that at least five alternates are desired) and, at present, there are no eligible applications. Mayor Cox suggested staff might help the MHIC send out applications. Mrs. Click stated she again will ask the membership whether or not they desire to be an official City committee in an advisory capacity. Councilman Malcolm stated his concerns that if MHIC is not an official City committe, supplies, space and help with flyers should not be offered. The City Attorney confirmed the "public purpose" defined by Council to satisfy the lawful expenditure of time and money. At 5:35 p.m., Mayor Cox left the dais. VOTE ON THE MOTION Motion passed. (Mayor Cox out) Councilmen Malcolm and Nader agreed there is a need to better inform the public of openings and a need to formalize input from the homeowners' associations or some other direct input from residents who are being represented from a given park. MOTION ~iader/Malcolm) to refer to staff and the MHIC for a report back to Council on the selection of membership. (Mayor Cox out} At 5:30 p.m., Mayor Cox resumed his seat on the dais. MINUTES 8 August 2, 1988 d. CONCERN REGARDING STREET LIGHTS ON MEDICAL CENTER DRIVE - Anonymous letter (per Councilman Malcolm) Councilman Malcolm reported the lights were prohibited from being installed in the middle of the median strip. Assistant City Manager Asmus reported that former City Engineer Garibay signe~ the plans; that the lights were so placed because there was water existing in the middle where the lights should have been placed. MOTION MSUC (Malcolm/Moore} to accept the staff report to file the anonymous letter. e. REQUEST FOR ORDINANCE TO KEEP PROPERTY OWNERS FROM CLOSING MOBILEHOME PARKS UNTIL REPLACEMENT SPACES ARE FOUND Patricia Kelly, 1425 Second Avenue, Space 342, Chula Vista, stated her request is based on the many rumors received relative to park closings. Mayor Cox reported that with the creation of Town Center II Redevelopment District some land was included that have trailer parks in it. The City, however, has no intention to initiate any closing of trailer parks or mobilehome parks within the City. The City is looking at a relocation park or other land to have available if and when some trailer park owners decide to close. MOTION MS ~alcolm/Nader) to refer the issue to the Human Relations Commission and the Commission on Aging and the Mobilehome Issues Committee for a report back. ADDITION TO THE MOTION MS (McCandliss/Malcolm) to include in the motion that staff look at the concept and recognize what has to be accomplished and to work on that. Mary Frances Click, llO0 Industrial Boulevard, suggested that Mrs. Kelly also look at the Ordinance adopted in 1981 which outlines the schedule that park owners must follow; the MHIC's chief project is to see that the ordinance includes trailers. Councilmembers discussed previous referrals on this subject and requested all be addressed in one report and that staff, when looking at areas for a possible relocation park, take the time to explain to residents of the area what is or is not involved. VOTE ON THE MOTION Motion passed unanimously. 6. RESOLUTION TO ADD A BALLOT MEASURE REGARDING AN ORDINANCE AMENDING THE CONTROLLED GROWTH INITIATIVE ORDINANCE TO CLARIFY THE CONTROLLED GROWTH INITIATIVE ORDINANCE AS TO CLUSTERING AND DENSITY TRANSFERS (City Attorney) MINUTES 9 - August 2, 1988 Council requested an analysis of the purposes and intent of the Controlled Growth Initiative Ordinance and preparation of a section which, if also approved by the voters, would clarify that intent with regard to clustering or density transfer in return for some significant public benefit. The Assistant City Attorney concluded that the proposal is consistent with the initiative and therefore recommended the clarifying measure not be placed on the ballot. Assistant City Manager Asmus, referring to the Minutes of Council Meeting of July 26, confirmed that August 12th is the last date to put an item on the ballot. MOTION MS ~lcolm/Nader) to continue the item for one week and to Oirect staff to come back with a growth initiative that would be sponsored by the City Council. Councilman Malcolm stated Council needs to formalize the thresholds, tell the voters the City will live by them and, since there is a growth initiative on the ballot, Council should also place one before the voters tightened up and improved upon. Councilman Nader reported his concerns with the proposed growth initiative which could possibly prevent the City from controlling growth rather than what was intended by the authors and stated he would like to see three changes (1) removal of the section 19.81.10; (2) modification of 19.80.70, subdivision e, to acknowledge that provision acknowledging that clustering comes within the provisions of the subdivision; (3) a provision requiring a vote of five members of the Council be changed to require a unanimous vote by sitting members of the Council. Councilman Malcolm withdrew his motion. MOTION MS T~der/McCandliss) to continue this item for one week to give Councilman Nader and the City Attorney time to work out acceptable ballot language with Dr. Cummings and, in the event this is not feasible, to work with staff to quickly draft an ordinance for Council consideration and continue this item to the Meeting of August 9th. Councilmembers discussed the motion withdrawn by Councilman Malcolm and the motion on the table, as well as the fact that a ballot argument can be used to clarify the interpretation of Dr. Cumming's initiative. SUBSTITUTE MOTION M (Cox) to refer the item to staff to take the concerns raised by Councilmembers and to direct staff, specifically the Planning Director and the City Attorney, to come back with an alternative initiative that will not necessarily be contrary to the intent of Dr. Cummings initiative but will be in conformance with Council's efforts on the Thresholds and the Growth Management Plan. (Councilman Nader stated his intent to make the above statements a part of his motion, and Mayor Cox withdrew his substitute motion.) 14INUTES - lO - August 2, 1988 Councilmembers discussed the motion withdrawn and the one on the table, the fact that a ballot argument can clarify to influence the voters what it means, the interpretation of Dr. Cumming's initiative. SUBSTITUTE MOTION M {Cox) to refer the item to staff and to take the concerns raised by Councilmembers and to direct staff and, specifically, the Planning Director and the City Attorney to come Oack with an alternative initiative that will not necessarily be contrary to the intent of Dr. Cummings initiative but will be in conformance with Council's efforts on the Thresholds and the Growth Management Plan. (Councilman Nader stated his intent to make the above statements a part of his motion, and Mayor Cox withdrew his substitute motion.) VOTE ON THE MOTION RESTATED MSUC (Nader/McCandliss) to continue this item for one week to give Councilman Nader and the City Attorney to work out acceptable ballot language with Dr. Cummings and, in the event this is not feasible, to direct staff and, specifically, the Planning Director and the City Attorney to come back with an alternative initiative that will not necessarily be contrary to the intent of Dr, Cummings initiative but will be in conformance with Council's efforts on the Thresholds and the Growth Management Plan. 8. RESOLUTION 13719 ACCEPTING REAL PROPERTY CONTRACTS AND EASEMENTS FOR STREETS PURPOSES ALONG FRESNO AVENUE JUST NORTH OF MAIN STREET (Director of Public Works) Acting Deputy Director of Public Works Swanson reported San Diego County is now improving Fresno Avenue between Main Street an~ Anita Street. This project is now located in the City, but was included in the San Diego County's Block Grant Program. In conjunction with the construction of this project the City needed to acquire a parcel consisting of approximately 40 square feet owned by Esther Pino. Councilwoman McCandliss questioned wording. in the contract relative to any fiscal impact to the City of Chula Vista. Acting Deputy Director Swanson and Assistant City Manager Asmus assured Council that any miniscule fiscal impact would be reimbursed by San Diego County. MOTION MSUC {Cox/Moore) to approve the Resolution as presented and as read by title. 13. ORDINANCE 2278 AMENDING SECTION 1.08.010 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO USE OF THE CITY SEAL SECOND READING & ADOPTION (Assistant City Attorney) MINUTES - ll August 2, 1988 The Ordinance redefines the City seal consistent with its 1985 design, adds a prohibition relating to the City logo and for malicious use to the existing prohibition against use of the City seal for commercial purposes, and makes it consistent with State law relating to misuse of the seal of the State of California. The ordinance was placed on first reading at the Council meeting of July 26, 1988. R. Flaugher, M.O.P.A.C., llO0 Industrial Boulevard, reported his agreement with Ordinance 2278, but questioned why staff has not acted as quickly on his complaint with installation of gas lines in mobilehome parks. ORDINANCE PLACED ON SECOND READING BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. MOTION MSUC (Cox/Nader) to direct staff to come back with a report to Council regarding Mr. Flaugher's previous request. At 6:25 p.m., Council recessed and reconvened at 6:50 p.m. as the Redevelopment Agency. 18. REPORT OF THE CITY MANAGER a. None 19. MAYOR'S REPORT a. REPORT SELECTION OF COUNCIL SUBCOMMITTEES FOR EXECUTIVE SALARY NEGOTIATIONS Direct supervision is the responsibility of the Councilmembers for the City Manager, the City Attorney and the City Clerk, and a Subcommittee is regularly scheduled to come back to the full Council with a recommendation of a salary increase for the Fiscal Year 1988-89. MOTION MSU'~'O'g"~Malcolm/Cox) to appoint Councilmembers Nader and Moore to recommend for the City Manager, Mayor Cox and Councilwoman McCandliss to recommend for the City Attorney, and Councilmembers Malcolm and Nader to recommend for the City Clerk. b. Ratification of Commission appointments - MOTION MSUC (Malcolm/Nader) to approve the ratification of the following appointments: John Allen and Art Renteria to the Human Relations Commission; James Waller to the Resource Conservation Commission; and Robert Thomas to the Safety Commission; MINUTES 12 - August 2, 1988 Reappointments (non-charter based commissions): Helen Stokes to the Commission on Aging; Anne Fabrick to the Human Relations Commission, and Kelly Brennan to the International Friendship Commission; Reappointment of commissioners without formal interview (Charter based): John Crouse and Lupe Jimenez to the Civil Service Commission; Cliff Roland to the Parks and Recreation Commission; and Robert Tugenberg to the Planning Commission c. Appointment of voting representative and an alternate to the League of California Cities Conference on October 16-19, 1988- MOTION MS"~'O'C'(Malcolm/Cox} to appoint Councilman Nader as the Voting Delegate and Councilwoman McCandliss as the Voting Alternate. 20. COUNCIL COMMENTS COUNCILMAN NADER: a. Questioned the possibility of adoption of the Growth Ordinance Initative as submitted and then, to pursue to amend its provisions and put the amendment on the ballot for consideration this fall. MOTION MSUC (Nader/McCandliss) to direct the City Attorney to report on the question at the Meeting of August 9th. b. Proposal for City offices recycling program - reported on a recyling program which accepts all types of paper. Administrative Analyst Olivo reported on reviews made and recommended staff be directed to proceed with Paper Recovery of San Diego, or with the current recycling program, Advance Recycling. Not many vendors consider a mix ef paper, and additionally, the City's accummulation of paper is estimated to be 500 to 700 pounds within the same period that Paper Recovery of San Diege would require 1,O00 lb limit for pickup. MOTION MS [~'cCandliss/Cox) to approve the program in concept and direc't staff to work on the implementation. ADDITION TO THE MOTION MS (Nader/McCandliss) to include direction, as part of the negotiation, to contact Paper Recovery of San Diego to negotiate a recycling program to include general office waste paper pickup without the need for employees to sort out specific types. VOTE ON THE MOTION AND ADDITON TO THE MOTION Passed unanimously. MINUTES 13 - August 2, 1988 COUNCILMAN MALCOLM: c. District Elections - T~e Assistant City Attorney reported, when questioned, regarding a previous memorandum to Councilmembers. The actual text of the Gomez vs. the City of Watsonville decision was received and it is the City Attorney's opinion as well as the expert outside opinion that the decision does not harm, but may help, the position of the City of Chula Vista. d. Tetra Nova School Site - Reference was made to a Council Subcommittee scheduled to work on this subject and, after Subcommittee Members accomplished much involvement, were excluded from final decisions. Councilman Malcolm suggested Council reaffirm the Subcommittee and to allow their involvement in the final decisions. MOTION MS~ore/Nader) to reestablish the Subcommittee of Councilmembers McCandliss and Malcolm, and authorize them to review and make their recommendations to Council. Assistant City Attorney cautioned a legal concern relative to the adoption of a Request for Proposal (RFP) in which the selection process is usually stated in specific language. The subject RFP does not state that the selection would be reviewed by a Council Subcommittee but rather a "Selection Committee," and has subsequently been approved by Council. Secondly, a Charter Section prohibits Council, individually or collectively, to get involved in matters that should be left to the City Manager. Councilmembers discussed the issues of the motion and the legal concerns. Deputy City Manager Morris reported that a recommendation is ready to be forwarded to Council. VOTE ON THE MOTION Motion passed. Deputy City Manager Morris reminded Council of a meeting scheOuled with the residents of Terra Nova on August 3rd at 6:30 p.m. to discuss the proposed plan, the parking issues and lighting in the area. Councilmembers agreed the meeting be held as planned. e. By telephone, advice was received of Senator Alan Cranston's HR 1158 which provides no age discrimination in any housing project to include mobilehome parks ano adult housing projects. Councilman Malcolm suggested consideration of this item as an off-docket item. MOTION MS"~l]'C"'(Malcolm/Cox) to docket H.R. 1158 (Cranston) for Council consideration at this meeting because the need to take action arose after the setting of the Agenda. MINUTES - 14 - August 2, 1988 MOTION MS ~alcolm~McCandliss) to authorize the Mayor to send a telegram to Senators Wilson and Cranston urging that HR 1158 be rejected without amendments to allow the preservation of senior and adult only status in mobilehome parks and the protection of senior housing projects throughout the State of California. SUBSTITUTE MOTION MS (Nader/Moore) that HR 1158 be amended to protect senior housing projects of the type which exists in the State of California and senior mobilehome parks. Councilman Nader discussed the ruling of the State of CA Supreme Court and the need of affordable housing to allow relief to low to moderate income and single parent families. RESTATED SUBSTITUTE MOTION MSUC INader/Moore) to authorize the Mayor to send a telegram to Senators Wilson and Cranston asking to seek an amendment for HR 1158 to preserve the existence of senior and adult housing ~s currently exists under California law. (Councilmembers Malcolm and McCandliss voted no.) COUNCILMAN MOORE: f. Discussion on Chula Vista having its own Housing Authority City of Chula Vista has been considering a relocation park to utilize with a percentage for the homeless, and the problems which require staff time with issues concerned' with trailer and mobilehome parks. MOTION MSUC (Moore/McCandliss) to direct staff to pursue a report listing the pros and cons of having a Chula Vista Housing Authority versus the County representation, and to include the funds that would be needed and the funding sources to operate, and to report back in 1988. g. It was reminded that the Ribbon Cutting ceremony for the Navy Housing commences at 2:00 p.m. on August 3; and the Fleet Association Branch and Unit with the City will meet and welcome the families on August 27 COUNCILWOMAN McCANDLISS: MOTION MSUC (McCandliss/Moore) to request staff to report in one week on the status of the American Legion Building. h. National City has a Security Light Program for high crime neighborhoods and it was requested that staff investigate and advise Council if this is a worthwhile program. i. Shopping Center at the corner of Hilltop & Naples Neighbors have been very patient since the area is in a state of decay. MINUTES - 15 August 2, 1988 MOTION ~McCandliss/Moore) to refer to staff the question of whether there are resources available to entice property owners~to rebuild and renovate their buildings. j. Setting project priorities The suggestion was made that Council set common goals and objectives for the City. Although much work has been done on the General Plan, there is still the western end of the City, the Burnett Building, Thir~ Avenue and the Downtown Manager, and the new buildings being constructed along Broadway. MOTION MS ~McCandliss/Cox) to schedule a goal session for the Council and to bring in a facilitator such as Bill Roblens to work on setting goals and priorities. Mayor Cox suggested, rather than to bring in a facilitator, to utilize the team-building sessions as is used by the League of CA Cities and which has been very useful. Councilwoman McCandliss' reported Council has been so busy being innovative, that time should be spent to look at the City in terms of areas and to set the goals and objectives and that Council should take the time on a weekend; it should be special and oriented. VOTE ON THE MOTION Motion passed unanimously. k. Charter amendments and ballot items A request was made to docket for discussion the arguments for the Charter amendments and the impartial analyses, as well as the rationale of the Charter Review Committee on some of the proposed amendments, such as payment for the Planning Commissioners and the Youth Commission. MOTION MSUC {McCandliss/Moore) to notice and hold a Joint Session with the Charter Review Committee on Monday, August 8 at 7:00 p.m. in the Council Conference Room. Councilmember Malcolm noted he will not attend because of a previously scheduled State Coastal Commission Meeting in northern California. ADJOURNMENT AT 8:35 p.m. to the Joint Meeting of City Council and the Charter Review Committee on Monday, August 8 at 7:00 p.m., and to the Regular Meeting of Tuesday, August 9 at 7:00 p.m. Jennie M. Fulasz, CMC CITY CLERK ~PUTY CITY CLERK 1294C