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HomeMy WebLinkAboutcc min 1988/09/20 t 6:50 to 6:55 p.m., City Council met in Closed Session to iscuss Sierra Club v. Marsh, and Potential Litigation. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA uesday, September 20, 1988 Council Chamber :O0 p.m. Public Services Building OLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm, Moore and McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Hatton LEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 'ELEVISED COUNCIL MEETINGS ayor Cox announced that the last few meetings' telecast xperienced some technical problems for which an apology was iven. Steps have been taken to preclude this happening in the uture. APPROVAL OF MINUTES lOTION SUC (Moore/Cox) to approve the Minutes for the meeting of .eptember 6, 1988. SPECIAL ORDERS OF THE DAY PROCLAIMING SATURDAY, OCTOBER l, 1988 AS "COASTAL CLEAN-UP DAY" IN THE CITY OF CHULA VISTA, CALIFORNIA - ~r. Steve Neudecker, Executive Director of the Nature Interpretire :enter accepted the Proclamation, which proclaimed the benefits of ~he coastline in the City of Chula Vista and the value of public ~wareness and support for its protection and which will be :elebrated on October 28th as "Coastal Cleanup Day". Dr. ieudecker invited all who wish to share in this Cleanup of the larsh to meet at the parking lot on "E" Street and Bay Boulevard ~t 10:30 a.m. ~INUTES - 2 - September 20, 1988 ONSENT CALENDAR (Items 3a - 15) ~ULLED ITEMS: 3a; 8; lO; lla,b,c; 12, 13 and 14. lOTION .ESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the texts /aived by unanimous consent, passed and approved unanimously. ~. WRITTEN COMMUNICATIONS !. REQUEST FOR CLARIFICATION OF PLAN TO CLOSE MOBILEHOME PARKS Doris McKee, 677 G Street, Space 4, Chula Vista 92010 'ulled from the Consent Agenda. ;. RESOLUTION 13779 ACCEPTING GRANTS OF EASEMENT FROM BONITA LONG CANYON PARTNERSHIP FOR DRAINAGE PURPOSES IN LOTS 497, 498 AND 499 OF BONITA LONG CANYON, UNIT 6 (Director of Public Works) ~torm drain plans for Bonita Long Canyon, Unit 6 were approved by :he Public Works Department on October 9, 1987; at which time trainage flows from the southeastern portion of the subdivision vere designed to be directed northerly through the future Bonita .ong Canyon Unit 7 development. To correct drainage problems ~ssociated with the design of Unit 7, a portion of the storm ^unoff will be intercepted in Unit 6, and deposited in Long Canyon ~pstream of the retention basin. This will be accomplished through construction of a length of pipe culvert. The developer ~as granted the subject easements to allow City forces to maintain this culvert. S. RESOLUTION 13780 APPROPRIATING FUNDS FROM THE GENERAL FUND RESERVE FOR COSTS TO PREPARE A HYDROGEOLOGIC ASSESSMENT REPORT FOR THE STATE WATER QUALITY CONTROL BOARD ON THE CORPORATION YARD PIT (Director of Public Works) In January 1988, a contract in the amount of $9,480 was awarded to ~pplied Hydrogeologic Consultants to prepare the study including 3reparing a hydrogeological assessment report for the California ~egional Water Quality Control Board. Based on a review of the initial draft by the California Regional Water Quality Control 3oard, additional work over and above the scope of the original :ontract needs to be done. An additional $5,000 (appropriated From the General Fund Reserve) is required to complete the ~ydrogeologic assessment report for the State Water Resources Sontrol Board. IINUTES 3 September 20, 1988 ~a. RESOLUTION 13781A APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK & ASSOCIATES FOR THE IMPLEMENTATION OF A TRAFFIC CONTROL SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) b. RESOLUTION 13782 AUTHORIZING SOLE SOURCE PURCHASE FROM DIGITAL EQUIPMENT CORPORATION (DEC) FOR TRAFFIC CONTROL SYSTEM CENTRAL COMPUTER AND ASSOCIATED EQUIPMENT .n March 1987, the City requested the submission of proposals by :onsultants to design a Traffic Signal Control System for the ~urpose of controlling approximately lO0 traffic signals within she City limits by the use of a central computer which also :ncluded the additional task of implementation. The final :ontract for implementation outlines the work program, project ;chedule, and compensation. $1,869,800 was budgeted for this >roject through FY 1988-89; the total cost of the implementation >hase of this project and equipment purchase is $606,000; ~ufficient funds are included for the implementation phase and the >urchase of the central computer and display station equipment. ]ouncil approved the agreement, authorized the City Purchasing ~gent to negotiate the purchase at a cost not to exceed $202,000, ~nd authorized the City Purchasing Agent to advertise for :ontrol/display equipment for three stations. 3. RESOLUTION PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR THE REMOVAL OF CORAL TREES AT THE CITY ADMINISTRATION BUILDINGS ((Director of Public Works) >ulled from the Consent Agenda. 9. RESOLUTION 13783 ACCEPTING GRANTS OF EASEMENT FROM PROPERTY OWNERS FOR ROAD AND DRAINAGE EASEMENTS FOR SHY LANE (Director of Public Works) In order to construct and maintain the improvements on Shy Lane, the property owners had to grant right-of-way and drainage ~asements to the City. Council accepted the road and drainage ~asements granted by the property owners and directed the City 31erk to have these easements recorded by the County. !0. RESOLUTION 13786 APPROVING THE PROPOSED "EASTLAKE BUSINESS PARK ANNEXATION" (Director of Planning) >ulled from the Consent Agenda. INUTES 4 September 20, 1988 la. ORDINANCE AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CODE OF ETHICS FIRST READING (Board of Ethics) b. ORDINANCE AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CODE OF ETHICS FIRST READING (Len Moore) c. ORDINANCE AMENDING SECTION 2.28.010 OF THE CHULA VISTA MUNICIPAL CODE REGARDING FUNCTIONS AND DUTIES OF THE BOARD OF ETHICS FIRST READING (City Attorney) 'ulled from the Consent Agenda. d. RESOLUTION 13784 RATIFYING THE SELECTION OF GEORGE RONIS AND DAVID FERGUSON TO SERVE ON THE BOARD OF ETHICS udge Borunda screened all the applicants and interviewed the :andidates for the Board of Ethics and recommended George Ronis !rid David Ferguson to fill the two openings. Council approved the · ecommendations to the Board of Ethics. 2. REPORT REQUEST OF VISTA HILL FOUNDATION FOR THE REDUCTION OF DEVELOPMENT IMPACT FEES FOR HOSPITAL EXPANSION AT 730 MEDICAL CENTER COURT (Director of Public Works) RESOLUTION AUTHORIZING THE REFUND OF EXCESS DEVELOPMENT IMPACT FEES 'ulled from the Consent Agenda. 3. REPORT REGARDING WRITTEN COMMUNICATION COMPLAINT PERTAINING TO UNWANTED DELIVERY OF ADVERTISER TO STAR NEWS SUBSCRIBERS (Deputy City Attorney) >ulled from the Consent Agenda. 4. REPORT REGARDING SAN DIEGO GAS AND ELECTRIC FRANCHISE (Assistant City Attorney) ~ulled from the Consent Agenda. ~ND OF CONSENT CALENDAR ~UBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES INLITES - 5 ~ September 20, 1988 5. PUBLIC HEARING REQUEST FOR WAIVER O~ MUNICIPAL CODE REQUIREMENTS FOR A DANCE PERMIT FOR THE BLUE HAVEN COCKTAIL LOUNGE, 618 E STREET (Director of Planning) RESOLUTION AUTHORIZING A DANCE PERMIT WAIVER FOR THE BLUE HAVEN COCKTAIL LOUNGE, 618 E STREET he Blue Haven Cocktail Lounge located at 618 E Street has applied or a waiver of Municipal Code requirements establishing a minimum eparation of 300 feet between facilities with dance permits. taff requested a continuance of the hearing on the waiver to the !eeting of September 27, 1988, in order to further review the ircumstances surrounding the dance permits issued for adjacent roperties. The applicant, Blue Haven Cocktail Lounge, has been nformed of the request and there are no other known parties in nterest on the matter. lOTION ~SUC IMcCandliss/Nader) to continue the item for one week. 6. PUBLIC HEARING ZAV-89-3: APPEAL ~ROM PLANNING COMMISSION DECISION GRANTING REDUCTION IN EXTERIOR SIDEYARD SETBACK AT 495 SMITH AVENUE {Director of Planning) RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION AND THEREBY DENYING ZAV-89-3 RESOLUTION 13785 AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND THEREBY APPROVING ZAV-89-3 'his being the time and place as advertised, the public hearing yas declared open. lirector of Planning Krempl reported the approval of the request ,y the Planning Commission to reduce the existing setback and andscape screening along Fifth Avenue in conjunction with a ~roposal to construct a two-story office building on a parcel at :he northeast corner of "H" Street and Smith Avenue directly north ~f the Chula Vista Shopping Center. The Council was apprised of :his action and Councilman Moore asked that the item be appealed :o the City Council. The proposal is exempt from environmental ~eview. 'he applicant proposes a use of dental and general office; to )rant a variance, it must be shown there is a hardship, it must be ~ecessary for enjoyment of other property owners, authorization ;hould not be detrimental to others nor have a negative impact on she General Plan. Staff recommends Council reverse the decision ~f the Planning Commission. Alternately, a possibility exists to ise the monolithic sidewalk which would eliminate the parkway ;ection by the curb and result in 5 to 5.5 feet of landscaping ~efore the parking area. INUTES 6 September 20, 1988 ick Gistaro, 809 Assoyo Place, 92010, applicant, explained he is sole practioner (dentist), and currently shares offices with a hiropractor No trouble with parking has been experienced since is patients are elderly who either walk, take the bus, trolley or iandyTrans and, for the same reasons, would prefer to stay in the ame area and stated that he would comply with whatever the City · equires, consider any options or compromises, Visuals were ,resented of the area. Dr. Gistaro, when questioned by Councilman lalcolm, indicated the alternate plan presented by staff was more :cceptable to him than what he had proposed. lichael Green, 43 Palomar Drive, owns an office building three ioors down from the site, explained he was speaking for himself ~nd others, that the house on the corner is presently a "mess", shat no problems with parking has been experienced and that any improvement would prove to be an asset to the community. Fhere being no others to speak either for or against this item, the public hearing was closed. ~ENDMENT TO THE RESOLUTION 1SUC (Malcolm/Moore) to amend the Resolution, to uphold the >lanning Commission approval with the modification to include the recommendation on page 3 of the Staff Report which states, "the impact could be partially ameliorated by establishing a standard 5.5 ft. non-commercial monolithic curb/sidewalk along the Smith ~venue frontage. This would leave 4.5 ft. of right-of-way behind the sidewalk which could be planted in conjunction with the 1 ft. strip on the applicant's property -- resulting in a landscape screen with a total depth of 5.5 ft. The landscaping coupled with a 3 ft. high decorative wall would offer a better solution than surrently proposed by the applicant's design, although it would result in a jog in the sidewalk." RESOLUTION OFFERED BY COUNCILMAN MALCOLM, AS AMENDED, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. ORAL COMMUNICATIONS None PULLED ITEMS: 3a; 8; 10; lla,b,c; 12, 13 and 14. 3. WRITTEN COM~IUNICATIONS a. REQUEST FOR CLARIFICATION OF PLAN TO CLOSE MOBILEHOME PARKS - Doris McKee, 677 G Street, Space 4, Chula Vista 92010 Staff recommends that the letter received by Ms, McKee which listed 15 mobilehome Parks as "targeted for Mobile Social Service Unit" be acknowledged and filed with the understanding that Ms. McKee will be advised that her park is zoned M-P-H and, on that basis, notwithstanding what uses the General Plan may show, the park cannot be used for any other purpose than a mobile home park unless a public hearing is held and the property rezoned. ~INUTES - 7 - September 20, 1988 ]ouncilmembers questioned the distribution of erroneous information which was received by many other mobilehome tenants. ~ary Frances Click, llO0 Industrial Boulevard, reported this is ;he second time within the last few months this has happened on the pretense it was from the Mobilehome Issues Committee. Identifying marks refer to the words, "targeted for mobile social service unit". Mrs. Click requested that anyone who has questions in the future to telephone her or the Community Development }epartment. Sliff Roland, 1100 Industrial Boulevard, 92011, reported his conversation with Mrs. McKee, and suggested that someone from staff return to her home and attempt to clarify where the responsibility lies. Sity Manager Goss reported his intent to mail letters to the tenants of the parks to advise all to contact the Community levelopment Department to clarify any questions they might have on park closings. lOTION ~SUC (Cox/McCandliss) to accept the recommendation of staff and to include the City Manager's comments to give advice to the tenants }f the Parks, 3. RESOLUTION PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR THE REMOVAL OF CORAL TREES AT THE CITY ADMINISTRATION BUILDINGS ((Director of Public Works) ~t a recent City Council meeting, removal of the Coral trees in the Civic Center Complex was authorized. Public Works received informal bids to remove the trees for $2,000 or less than what it ~ould require to be done by staff. Funds were previously ~ppropriated for the tree replacement and for the concrete work. Staff recommended Council appropriate funds for the removal of the Soral trees. Souncilman Malcolm questioned the cost of replanting the trees after removal and also stated he would prefer to leave some of the ~eautiful Coral trees in the plaza area until such time as they present a problem (uprooting). lOTION ~S {Moore/Malcolm) to accept the recommendation of staff to remove the Coral trees that are causing the problems with the pavement ~nd not to remove the ones within the grass area of City Hall. 3ouncilwoman McCandliss agreed if the addition be made to include that the replacement trees be planted immediately. INUTES - 8 - September 20, 1988 UBSTITUTE MOTION SUC {Cox/MalcOlm) to continue the item for one week to gather all f the needed information. ouncilman Malcolm stated he would like to know how many trees are reatin9 the problems, the cost of replacement of those trees, the emoval of the trees and the replacement. O. RESOLUTION 13786 APPROVING THE PROPOSED "EASTLAKE BUSINESS PARK ANNEXATION" (Director of Planning) n application was filed by the McKinleyGroup for the EastLake evelopment Company with the Local Agency Formation Commission on uly 6, 1988, for the annexation of approximately 1.1 acres from he unincorporated area of the County to the City of Chula Vista. 'ursuant to the Master Property Tax Transfer Agreement with the ,ounty, Chula Vista will receive 41% of the pooled property tax ,ase and the County will receive 59%. ~ouncilman Malcolm inquired of the advisability of waiting to ipprove this item until the EastLake Greens proposal comes =orward. Director of Krempl reported this item has no continuity ~ith EastLake Greens, it has been prezoned and has been accepted ~y LAFCO. This was processed as a boundary adjustment for industrial warehouse building. ~ent Aden, EastLake representative, 500 Lane Avenue, reported the 3aldwin Company owns 1.1 acres; EastLake is now in escrow to 3urchase the property; a third party is involved. ~ESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the readin9 of the text was waived by unanimous consent, passed and approved ~nanimously. lla. ORDINANCE AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CODE OF ETHICS - FIRST READING (Board of Ethics) b. ORDINANCE AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CODE OF ETHICS - FIRST READING (Len Moore) c. ORDINANCE AMENDING SECTION 2.28.010 OF THE CHULA VISTA MUNICIPAL CODE REGARDING FUNCTIONS AND DUTIES OF THE BOARD OF ETHICS FIRST READING {City Attorney) Subsequent to its joint meeting with the City Council, the Board of Ethics made a number of changes in the proposed Code of Ethics and now recommends that the City Council adopt the revised Ordinance (a). Councilman Moore suggested some changes as submitted in Ordinance (b). Staff recommended alternative Ordinance (c) which would result in the Board of Ethics serving in primarily an advisory capacity. ~INUTES - 9 - September 20, 1988 'lOTION ~ISUC (Malcolm/McCandliss) to continue the item and docket it for a Souncil Conference Agenda for action. lonald Swanson, Board of Ethics Chairman, suggested that Souncilmembers put their concerns in writing and present them to the Board Members for review prior to the meeting. 12. REPORT REQUEST OF VISTA HILL FOUNDATION FOR THE REDUCTION OF DEVELOPMENT IMPACT FEES FOR HOSPITAL EXPANSION AT 730 MEDICAL CENTER COURT (Director of Public Works) RESOLUTION AUTHORIZING THE REFUND OF EXCESS DEVELOPMENT IMPACT FEES On July 15, 1988 the Vista Hill Foundation paid $113,454.00 for Development Impact Fees in conjunction with the issuance of a building permit for their hospital expansion. The Foundation has requested a reduction in fees based on their engineer's study. Chula Vista Ordinance 2251 ISection 5) requires that the waiver or reduction of such fees be approved by the City Council. Staff recommended Council authorize the reduction of Development Impact =ees to $62,399.70 as requested and direct staff to refund fees in excess of that amount which have been collected from the applicant. !layor Cox reported he is member of the Board of the Foundation and since he may have a potential conflict of interest, turned the Shair over to Mayor pro tempore Malcolm. Souncilman Malcolm stated the categories are set up in approximate 3arameters and, if more traffic is generated than that set, the fee is never collected and the a shortfall then exists. Director 3f Public Works Lippitt replied that equity is considered - the review of trips and cost is reviewed annually and adjusted. Souncilman Malcolm suggested an agreement recorded against the property stating the agreed upon use and, if there is any change in that use, the adjusted fee, if any, will be paid to the City. AMENDMENT TO RESOLUTION ~S (Malcolm/McCandliss) to amend the Resolution to include a recordation of an agreement between the Vista Hill Foundation and the City of Chula Vista acknowledging any change in use would require the approval of the City Council and the possibility of additional Development Impact Fee being charged. ADDITION TO THE AMENDMENT (Nader/Malcolm) to change the amendment to state, "would require the approval of staff and, if it is deemed necessary by staff, the approval of the City Council". ~OTE ON THE AMENDMENT AND ADDITION totion passed. (Mayor Cox abstained) INUTES lO - September 20, 1988 irector of Public Works Lippitt explained that this particular rocess will be going on for many years; the Ordinance was adopted or the Eastern area which staff believes are between 10% and 15% orrect, but that changes will be many over the next 20 years. aul Wright, Vista Hill Foundation, reported the operation of the ospital to insure the traffic generation stated is valid. ESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text as waived by unanimous consent, passed and approved to refund 51,054.30. (Mayor Cox abstained) 3. REPORT REGARDING WRITTEN COMMUNICATION COMPLAINT PERTAINING TO UNWANTED DELIVERY OF ADVERTISER TO STAR NEWS SUBSCRIBERS (Deputy City Attorney) ,t its August 23, 1988 meeting, Council reviewed a written :omplaint from Mr. and Mrs. Brian C. Felber. The complaint urged :he City to enact legislation to prevent newspaper publishers from telivering advertising material at the request of the resident. 1o new legislation is required as there is an existing ordinance :hat addresses this problem. The "offending" newspaper has been :ontacted and the problem, as to this citizen, appears resolved. lOTION ~S'~17~'(Malcolm/Moore) to accept the report. (Councilwoman ~cCandliss out.) )4. REPORT REGARDING SAN DIEGO GAS AND ELECTRIC FRANCHISE (Assistant City Attorney) It its August 16, 1988 meeting, the City Council requested the Sity Attorney to provide an opinion regarding what controls, if ~ny, the City has over the proposed merger and/or acquisition proposals regarding San Diego Gas and Electric {SDG&E). The Chula Vista City Charter provision relating to the transfer or assignment of the City granted franchise provides very little control over either the merger or acquisition proposals currently pending with regard to SDG&E. The recommendation is to file the report. Souncilwoman McCandliss reported reading the comments of public and private agencies and her concern that loss of control by a local entity will adversely affect the City, and requested Councilmembers, in the interest of the citizens, state opposition to the takeover by the Los Angeles Power Company. Councilmembers discussed the issue, the citizens past complaints of SDG&E, and the inappropriateness of Council to make a determination without all the facts. tIIIUTES ll September 20, 1988 lOTION IS T~cCandliss/Nader) to direct staff to attempt to collect information concerning the potential buy-out by Los Angeles Power ~ompany, to contact the City and the County of San Diego and find 3ut what information is available and to transmit the information so the Council as an agenda item. ]ity Manager Goss reported that information will be collected from 3DG&E, the City of San Diego which indicated it will respond to ~vidence given at the Public Utilities Commission (PUC) hearing, ~nd the County of San Diego who is doing research - all of which Tnformation will be transmitted to Council when received. Souncilman Malcolm referred to the agencies who have the expertise so assemble and make decisions, such as UCAN which was set up by ~he PUC to represent the people, and suggested Council write UCAN so ask if they need any help. Councilman Moore suggested adding JCAN to those who will be solicited for information. rOTE ON THE MOTION lotion carries. (Councilman Malcolm voted no.) i8. REPORT OF THE CITY MANAGER a. Scheduling Council meetings Police Department will hold a public forum to discuss the prostitution problem on September 22 at 7:00 p.m. in the Library Auditorium Neighborhood Revitalization Meeting will be held on Wednesday, September 28 at 7:00 p.m. at the Montgomery Elementary School. 9. MAYOR'S REPORT a. Voting delegate National League of Cities lOTION ISUC (Moore/Malcolm) to appoint Mayor Cox to be the Voting )elegate at the Annual Congress of Cities, December 3-7, 1988 in ~oston, MA. b. Bob Roland, reporter for the San Diego Union was introduced and welcomed to the City c. Reminder that the Growth Management Oversight Committee will meet in the Council Conference Room on Wednesday, September 21 at 7:00 p.m. d. Reference was made to an article in the Bonita STYLE (September issue) citing a State study stating "Chula Vista has the most poorly planned road circulation plan in the entire state" which was blamed on growth in the City. Staff was requested to investigate the source of this report and bring this to Council. INUTES 12 - September 20, 1988 O. COUNCIL COMMENTS OUNCILMAN MALCOLM: a. AB 3049 {Zeltner) Public AIDS Presumption {oppose) This bill indicates any disability with AIDS will be presumed to be contracted through employment and applies to public safety employees. Staff reported that the bill, as stated, is not consistent with City policy. lOTION ~SUC {Moore/Cox} to approve the Legislative Committee's · ecommendation to oppose AB 3049. b. Custom Martin Framing is doing a major fundraising event for Ronald McDonald House on October 9 and have requested permission for the information sign. A letter will be sent to the City Manager to request a waiver of the fee. c. New development on Broadway the unsatisfactory design of this building was noticed and it is requested Design Review concentrate on Broadway development. 40TION l'SlIt~{Malcolm/Moore) to direct staff bring back a report on implementing some type of Design Review program for all commercial ~nd industrial categories. Councilman Moore requested the Planning Director include a report on the additional staff needed to implement this action. d. Dumping in the South Bay area - letter was received stating a large cesspool is contemplated for the area for dumping of fat and grease {Otay Mesa area). MOTION ~Malcolm/Nader) to refer the letter to the City Manager for a report. Councilman Nader requested the Resource Conservation Commission also receive a copy of the letter with a request for their input. e. Cox Cable - the rates are steadily rising, service is bad, and healthy competition would result if more cable companies were encouraged to come to Chula Vista. tINUTES 13 - September 20, 1988 40TION 4SUC (Malcolm/McCandliss) to refer the item to staff to come up vith some type of noticing procedure that the City of Chula Vista ,jill consider other franchisees who come to town. Councilwoman McCandliss reported that seniors in the City have been approached by Cox Cable to sign a contract through the owners of the apartment complex and a question was raised as to whether this denies one from free access which is prohibited by law, SOUNCILWO)IAN McCANDLISS: f. Establishment of Richard Welsh Memorial Award - Biography was distributed outlining the contributions of Mr. Welsh to encourage good design in construction, his extraordinary commitment to young people in Southwestern College in the New School of Architecture, and for his dynamic presence on the Design Review Committee. 40TION ~SUC (McCandliss/Malcolm) to create this award for those recommended to Council by the Design Review Commission for the >roject that has created a unique contribution for superb design to the City, recognizing this will not happen every year. g. Authorization for City Manager to spend up to $2,500 to support feasibility study with Southwestern College for a Performing Arts Center at East H Street and Otay Lakes Road (Contingency Funds) - President of Southwestern College Joseph Conte, during the recent Council Tour, outlined the concept for a Performing Arts Center at Otay Lakes Road and "H" Street, recognizing the link with the College which is now looking at a feasibility study for the site. tOTION ~McCandliss/Cox) to approve and authorize up to $2500 as a hatching contribution for the Feasibility Study, and to authorize she City Manager to work with the College to insure the consultant ~elected and the scope of work and contract meets the standards =or the City. h. Attendance was encouraged by Councilwoman McCandliss at Memorial Park to see HAMLET (free of charge) on Saturday afternoon from 4 to 6 pm. ~DJOURNMENT AT 9:02 p.m. to regular meeting of September 27, 1988 7:00 p.m. Jennie M. Fulasz, CMC CITY CLERK ~ITY CLERK 329C