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HomeMy WebLinkAboutcc min 1988/12/20 - MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 20, 1988 7:05 p.m. ROLL CALL Counci 1 Chamber Public Services Building PRESENT Mayor Cox, Councilmembers McCandliss, Nader, Malcolm and Moore ABSENT None ALSO PRESENT Assi stant Ci ty Manager Asmus, Deputy Ci ty Manager Morris, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES Mayor Cox amended the Minutes of the Joint Council/Board of Ethics Meeting, page 2, under Section 2.28.020, 2nd par., to add "City Attorney" to the 1 ist of officers to be covered; Councilwoman McCandliss, referring to page 17 of December 13th Minutes, "Council Comments d", reported it was not her intent to add the issue of driver education to the Agenda for the Joint Council/School Boards Meeting; it was merely a suggestion. MSC (Moore/Nader) to approve the amended Minutes for the Joint Meeting with the Board of Ethics on December 8, the amended Mi nutes for the Regul ar Meeti ng of December 13, 1988, and the correction to Minutes for December 6, 1988. (Councilman t~alcolm abstained on Item 10 because he previously owned Great American stock.) 2. SPECIAL ORDERS OF THE DAY a. RESOLUTION 13912 RECOGNIZING IMPORTANCE OF MARITIME COMMERCE TO SAN DIEGO COUNTY ECONOMY MAYOR COX OFFERED THE RESOLUTION and read by title, the reading of the text read in its entirety by Mayor Cox, passed and approved unanimously. George B. Gillow, 250 Camino del Serra Grande, Bonita 92002, accepted the Resolution with appreciation for support on behalf of the Maritime community, as well as the interest given by Chula Vista Port Commissioner Penner. b. RESOLUTION 13900 COMMENDING JACK BOURNIZIAN ON HIS EFFORTS IN HELPING THE SOVIET ARMENIAN EARTHQUAKE VICTIMS (Councilman Nader) - MINUTES - 2 - December 20, 1988 COUNCILMAN NADER OFFERED THE RESOLUTION which was read by title, and approved unanimously. Mayor Cox read the text in its entirety. The Resolution was presented to Mr. Jack Bournizian, Director of St. John's Earthquake Efforts Committee, to commend the Committee members who are sol iciting local contributions in the form of money and medi cal suppl ies to be sent to the victims. Mr. Bournazian expressed the appreciation of the Armenian people in this country, related how the tragedy brought all people together, and stated the American people are the most generous of all people in the world because they are "the people of the world." CONSENT CALENDAR (Items 3a - 18) Pulled items: 3c and d, 12, 15, 16, 17 and 18. Items 6 and 10 are appropriation items which require a 4/5 vote. COUNCILMAN NADER OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by title, the reading of the texts waived by unanimous consent and approved. (Because he was an owner of Great American stock, Councilman Malcolm abstained on Item 10.) 3. WRITTEN COMMUNICATIONS a. REQUEST FOR NAME CHANGE FROM UL TRONICS, INC., A CALIFORNIA CORPORATION, TO CHULA VISTA CABLE, A CALIFORNIA LIMITED PARTNERSHIP - Martin L. Altbaum, President, Ultronics, Inc., 253 Third Avenue, Chula Vista 92010 Council referred the request to the City Attorney for a report back to Council. b. REQUEST TO IMPOSE CONDITION ON WOODCREST DEVELOPMENT - Dr. Ida Spector, c/o Scott A. Smylie, Esq., 424 F Street, Suite B, San Diego 92101 Council referred this request to staff for a report back to Council . c . REQUEST TO URGE GOVERNOR TO RECALL DRAFT WATER REPORT - E. L. Balmer, Chairman, Metropolitan of Southern California, Box 54153, Los Angeles QUALITY CONTROL Water District 90054 Pulled from the Consent Calendar. d. REQUEST FOR CITY TO BECOME A MEMBER OF THE SOUTHERN CALIFORNIA WATER COMMITTEE - Harriet Stockwell, Council member, City of El Cajon, 200 East Main Street, El Cajon, CA 92020 Pulled from the Consent Calendar. 4. RESOLUTION 13901 APPROVING THE CITY'S AMICUS CURIAE PARTICIPATION IN THE CITY OF OCEANSIDE V. SUPERIOR COURT CASE REGARDING VESTED RIGHTS (Clty Attorney) / MINUTES - - 3 - December 20, 1988 Currently a property owner's ri ght to develop is vested once a buil ding permi tis issued and the owner spends money in rel i ance on that permi t. Counci 1, by thi s resol ution, states to the Court that any change in the rule after all these years would be chaotic in the field of land use regulation. 5. RESOLUTION 13902 AUTHORIZING THE DEPARTt1Etn OF GENERAL SERVICES THE STATE OF CALIFORN IA TO PURCHASE FOURTEEN (14) COMPACT SEDANS (Director of Finance) Council Resolution 6132 authorized the City to participate in a cooperative bid with the State of California for the purchase of the vehicles. A service charge of 1% of the total before taxes is required for each transaction and the total purchase cost for the fourteen sedans is $131,654.49. Funds are available in the 1988-89 Equipment Replacement Fund with the provision that, for each vehicle purchased, one vehicle will be removed from service and sold at auction. 6. RESOLUTION 13903 AUTHORIZING THE EMERGENCY REPLACEMENT OF A STATION WAGON (Director of Public Works) The Vehicle Equipment Replacement Fund was authorized by Council to all ow for the emergency repl acement of vehi cl es. The Communications Division 1979 Pinto station wagon was involved in an accident and the estimate for repair is in excess of the blue book value. Damage reimbursements will go to the Equipment Replacement Fund. 7. RESOLUTION 13904 AUTHORIZING RENEWAL OF THE COMMERCIAL OFFICE SPACE FOR VISTA LITERACY TEAM OFFICE Director) LEASE OF THE CHULA (Library The subject lease with Jaime and Olivia Ramirez, Lessors, expires on January 31, 1989. The Library dersires to extend the lease for an additional 12 months at the same terms and conditions as provided in the option to renew of the original lease. The California Library Services Act Literacy Grant Funds are sufficient to cover rental costs through June 30, 1989. Addi ti onal Cali forni a Library Servi ces Act - Literacy Grant Funds will be received in July 1989 to cover the remainder of the lease term. 8. RESOLUTION 13905 ACCEPTING RESPONSIBILITY AS SUCCESSOR AGENCY TO OPERATE TWO BRANCH LIBRARIES IN CHULA VISTA (MONTGOMERY) SUBSEQUENT TO DETACHMENT FROM THE COUNTY LIBRARY DISTRICT AND APPROVING PROPERTY TAX TRANSFER (City Manager) - MINUTES - 4 - December 20, 1988 Council directed staff to prepare for a phase-in of City-operated library services at the two existing branch library locations in the Montgomery area effective July 1, 1989. The County's notice to detach the Montgomery property from the County Library District must be given effective December 31, 1988 and, at their last meeting the County Board of Supervisors adopted a resolution which detached the property and named the Ci ty of Chul a Vi sta as the successor agency. In 1989-90 property tax revenues are expected to increase approximately $74,000 as a result of this action. 9. RESOLUTION 13906 SETTING COUNCIL POLICY TO REQUIRE TAPES OF BOARDS AND COMMISSION MINUTES TO BE KEPT UNTIL AFTER MINUTES ARE OFFICIALLY APPROVED (City Clerk) Council, at its Meeting of November 22, 1988 directed the City Clerk to establish this policy. AUTHORIZING FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND P&D TECHNOLOGIES, AND APPROPRIATING FUNDS THEREFOR (Director of Planning) The extension and amendment to the contract with P&D Technologies expired on December 1, 1988. Unforeseen events in several areas have contributed to the need for this extension; however, none of these events were within the control of P&D Technologies. The estimated cost to complete the additional work is $33,150. The source of funds is the unallocated reserve of the General Fund. 10. RESOLUTION 13907 (Councilman Malcolm abstained from the vote on this item because he previously owned Great American stock.) AGREEMENT (Communi ty APPROVING HOUSING COOPERATION WITH CHULA VISTA PARKVIEW Development Director) Council approved a density bonus for a 53-unit apartment project at 54-66 Fourth Avenue on July 16, 1985. The required Housing Cooperati on Agreement was not executed and the proposed project was not built. A new property owner now has built the project and is required to execute the Housing Cooperation Agreement and this action simply executes the required written agreement. 11. RESOLUTION 13908 ACCEPTING CONTRACT WORK FOR THE CONSTRUCTION OF A NEW FIRE STATION AT 80 EAST J STREET (Director of Public Works) 12. RESOLUTION Pulled from the Consent Agenda. 13. RESOLUTION DELETED FROM THE AGENDA. , "-" MINUTES - 5 - December 20, 1988 14. RESOLUTION 13909 RATIFYING THE EXTENSION OF AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM HARSHMAN FOR THE PERFORMANCE OF PROFESSIONAL SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Di rector of Public Works) Council directed staff to extend the contract with ~1r. William Harshman (which expired on June 30, 1988) for providing sewerage-rel ated professional services. Numerous deci sions have yet to be made which coul d significantly impact Chul a Vista as well as all other Metro partici pants and the avail abil i ty of the expertise and capabil ity to respond to proposal s by the City of San Diego in order to protect Chula Vista's interests is important. APPROVING A ONE-YEAR AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SECURITY LAND AND RIGHT OF WAY SERVICES, INC. FOR PROPERTY ACQUISITION CONSULTANT SERVICES (Community Development Director) 15. RESOLUTION Pulled from the Consent Agenda. AMENDING TITLE 5.36 OF MUNICIPAL CODE BY AMENDING and 5.36.070 AND ADDING EXEMPTING "HOLISTIC HEALTH MASSAGE PARLOR REGULATION (Director of Public Safety) Pulled from the Consent Agenda. 16. ORDINANCE THE CHULA VISTA SECTIONS 5.36.030 SECTION 5.36.075 PRACTITIONERS" FROM Fi rst Reading 17. REPORT EASTLAKE PRIVATE VERSUS PUBLIC PARKS (Assistant City Manager and Director of Parks & Recreation) Pulled from the Consent Agenda. CONSIDERATION OF NAME CHANGE FOR THAT PORTION OF OTAY LAKES ROAD BETWEEN BONITA ROAD AND TELEGRAPH CANYON ROAD TO COLLEGE ROAD (Director of Planning) Pulled from the Consent Agenda. 18. REPORT END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES EMERGENCY MEASURE FOR THE REENACTMENT OF AN INTERIM ORDINANCE FOR THE REGULATION OF THE PROCESSING OF LAND USE PROPOSALS WHICH ARE INCONSISTENT WITH PART TWO OF THE MONTGOMERY SPECIFIC PLAN (Director of Planning) 19. PUBLIC HEARING /" ---., MINUTES - 6 - December 20, 1988 INTERIM ORDINANCE 2288 REGULATING THE PROCESSING OF LAND USE PROPOSALS WHICH ARE INCONSISTENT WITH THE MONTGOMERY SPECIFIC PLAN FIRST READING AND ADOPTION This being the time and place as advertised, the Publ ic Hearing was declared open. Director of Planning reported the recommendation to approve the interim ordinance for a period of 90 days - simil ar in form and content to Ordinance 2266 adopted on May 3, 1988 which was effective for ninety days and then expired; and Ordinance 2283 adopted on September 5, 1988. It is believed that the rezoning of the 1 ands of Montgomery, as call ed for under Part Three of the Montgomery Speci fi c Pl an, will be substanti ally compl eted in 1 ess than a year, and will then obviate the need for additional interim ordinances. Lee Estep, 2257 Front Street, San Diego, 92101, representing Castle Park Enterprises located on Third and Orange, stated his bel ief there was to be a separate investigation of his cl ient's property since all of Third Street is presently commercial. Mr. Estep urged Counci 1 to allow the commerci al zone to prevent a financial hardship to his client. Mayor Cox clarified with staff that the pl ans in question are not being hel d up by thi s Interim Ordinance. Paul L. Greene, Sr., 141 Lotus Drive, Woodl awn Park, 92011, reported his ongoing request for court action for relief of damages suffered by the activation of the subject Plan, and informed Council Mayor Cox will be added to his law suit. Mr. Greene requested Council to be allowed to discuss this law suit in a secret tape-recorded session at the end of this meeting. For the record, City Attorney Harron staff recommendation; the ordinance extension of Ordinance 2283" as stated the proposed Interim Ordinance. reported an error in the states a "one-year time in the sixth paragraph of COUNCILMAN MALCOLM OFFERED THE INTERIM ORDINANCE which was read by title, the reading of the text waived by unanimous consent, approved and placed on First Reading and Adoption. 12. ORAL COMMUNICATIONS Counc il concurred that the item 23a 1 i sted on the Agenda under Councilman Nader's Comments be heard at this time. a. Nelda Del Ponte, 1100 Woodlawn, #107, Chairperson for the Bayscene resi dents on negoti ating, reported the Negoti ating Committee's frustration in attempting to have the Ordinance adopted on August 23rd enforced, stating the rents should never have been allowed to exceed the Consumer Price Index (CPI). This problem was discussed with the Assistant Director / - MINUTES - 7 - December 20, 1988 of Community Development in an attempt to avoid arbitration by meeting with the owners of the park but it is now apparent the owners feel there is no reason to negotiate and Mrs. Del Ponte urged Council to enforce the Ordinance. Ci ty Attorney reported the enforcement provi sions withi n the Code and stated the City has the tools with which to enforce which is an effective way to "force a cap" on rent increases. Councilman Moore suggested the City Attorney, after collecting the required data as proof of the Committee's allegations, to move for enforcement of the ordinance. James Lovett, 100 Woodlawn #75, Bayscene Mobilehome Park Residents, commented that 33 other parks have lived up to the regulations of the ordinance, while the Bayscene owners seem to have a "bl atant di sregard" which may send a message to the other park owners causing increased problems for everyone. Postive action by Council was requested. MOTI OtJ MS (Nader/McCandl i ss) to di rect the compl ai nts of the Bayscene Resi dents, both oral and wri tten, to the Ci ty Attorney for an investigation of an alleged violation of the arbitration ordinance and, if not being complied with, to proceed with enforcement of the ordinance; and to report back to Council on January 10, 1989. City Attorney Harron reported that every opportunity is given to allow the Committee and Redevelopment staff to work on their own and most complaints are worked out on staff level. VOTE ON THE MOTION Motion carried unanimously. Director of Community Development Desrochers reported the majority of the residents of the Bayscene Mobilehome Park have not voted to go into the arbitration process which expl ains why the ordinance is not effective. Since this is contrary with the report of Mr. Lovett, staff will review to establish the position to be taken by the City. Mary Frances Cl ick, 1100 Industrial Boulevard, offered some facts to clarify the position of the Bayscene Committee, which began the process under the 01 d ordinance and al so reminded that a copy of the Minutes of their Meetings must be filed in the office of the City Clerk. b. Paul L. Greene, Sr., 141 Lotus Drive, questioned and Mayor Cox expl ained the result of item 8 on this Consent Calendar. Mr. Greene al so questi oned whether he coul d di scuss hi s court action in closed session with Council so as not to embarrass those concerned. Mayor Cox informed Mr. Greene that, under the Brown Act, any compl aints shoul d be made under "oral communications" or delivered personally to the City Manager or the City Attorney. / - MINUTES - 8 - December 20, 1988 PULLED ITEMS 3c. REQUEST TO URGE GOVERNOR TO RECALL DRAFT WATER QUALITY CONTROL REPORT - E. L. Balmer, Chairman, Metropolitan Water District of Southern California, Box 54153, Los Angeles 90054 Staff recommended that advice be sought from Districts ~Ihich serve Chula Vista, as well as the State Water Resources Control Board, for a report on this matter. the two Water report from the back to Council Councilman Moore questioned staff's recommendation to obtain additional data and read several excerpts from the correspondence which asks all ci ties to urge the Governor to recall a draft report that it is all eged woul d severely 1 imi t the Metropol i tan Water District's ability to deliver water to our area. He urged Counci 1 to act upon the data as presented and to move wi th a simple 1 etter as requested, to "urge the Governor to recall this draft report and urge the Board to present a fair, workable plan that meets the needs of urban and agri cul tural users as well as the environment." MOTION MS (Malcolm/Moore) to make immediate action as suggested by Councilman Moore. Councilman Malcolm stated his belief that staff could have simplified the decision by providing more information to Council through a telephone call to the Water Districts with a request for input as background for their recommendation; Councilman Nader asked for more information such as the pertinent provisions and what impact they might have on the City before asking to withhold the report. VOTE ON THE MOTION Motion carried. (Councilmembers McCandliss and Nader voted no.) 3d. REQUEST FOR CITY TO BECOME A MEMBER OF THE SOUTHERN CALIFORNIA WATER COM~1ITTEE - Harriet Stockwell, Council member, City of El Cajon, 200 East Main Street, El Cajon, CA 92020 Staff recommended Chul a Vi sta consi der becomi ng a member of the Southern Cal i forni a Water Commi ttee effecti ve July 1, 1989 when membership funds can be provided during the budget process. MSUC (Cox/Nader) to direct staff to bring back a Resolution at the January 10th Meeting stating the City of Chula Vista will become a Member of the Southern California Water Committee effective January 1, 1989. 12. RESOLUTION 13910 ACCEPTING CONTRACT WORK FOR THE CONSTRUCTION OF A NEW FIRE STATION AT 80 EAST J STREET (Director of Public Works) , '- MI NUTES - 9 - December 20, 1988 Council awarded a contract to Ringland, Johnson, Crowley Inc. on February 23, 1988 for the construction of a new fire station, installation of new underground fuel tanks with dispensing capabilities and demolition of the existing station for $307,232.74. Four change orders totalled an additional $26,525. A fi nal i nspecti on was made on October 28, 1988 and all work was found to be completed in accordance with contract plans and speci fi cations and to the sati sfaction of the Ci ty Engineer, the Director of Public Safety and the Building Superintendent. Assistant City Manager Asmus answered Councilman Nader's questions which concerned two separate issues in the report: (1) The contractor completed the work and deserves to be paid, and (2) the City not pursue any legal action with the architect. A review of the contract and the facts involved and the minimal nature of most of the problems with the station have been corrected to the satisfacation with the Fire Department personnel. Assi stant Fire Chief Lopez reported resul ts of a poll of Fire Fighters who 1 ive in the station stating their satisfaction with the Fire Station which is a vast improvement over the old station. MAYOR COX OFFERED THE reading of the text un an imously. RESOLUTION waived by which was read by title, the unanimous consent and approved At 8:02 p.m., Councilman ~1alcolm left the dais and returned at 8:15 p.m.. APPROVING A ONE-YEAR AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SECURITY LAND AND RIGHT OF WAY SERVICES, INC. FOR PROPERTY ACQUISITION CONSULTANT SERVICES (Community Development Director) Council authorized staff, at its April 19, 1988 Meeting, to proceed with negotiations for the purchase of property at the intersection of Hermosa and Orange Avenue to be used for parkland and/or a community youth facility. During the FY 1988-89 budget process, Community Development Block Grant (CDBG) funds were identified and appropriated for the purchase of the first of three parcels to be acquired at that location. Because the City and the Redevelopment Agency would have a need to negotiate and acquire other real property in the near future for publ ic purposes which put a demand on City staff workloads, it was determined that the most effective and efficient course of action would be to contract for property acquisition consultant services on an as-needed basis. Five proposals were received and after interviews were conducted, Security Land and Right of Way Services Inc. was sel ected. The maximum compensation for the 1 ife of the one year agreement is $25,000. 15. RESOLUTION 13911 ~;-- MINUTES - 10 - December 20, 1988 MOTI ON MS (McCandl iss/Nader) that the Agreement be amended to incl ude a clause that the individuals not be allowed to accept or solicit business with other groups doing business with the City within the City of Chula Vista limits. Assistant Ci ty Manager Asmus suggested this statement be incorporated within the Agreement. City Attorney Harron reported similar language incl uded in other contracts to state, "will not accept or solicit business from parties in Chula Vista doing business with the City of Chula Vista that could result in a conflict of interest." VOTE ON THE MOTION Motion carried. (Councilman Malcolm out.) MAYOR COX OFFERED THE RESOLUTION which was read by titl e, the reading of the text waived by unanimous consent and approved. At 8:07 p.m., Council recessed and reconvened at 8:15 p.m. 16. ORDINANCE AMENDING TITLE 5.36 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 5.36.030 and 5.36.070 AND ADDING SECTION 5.36.075 EXEMPTING "HOLISTIC HEALTH PRACTITIONERS" FROM MASSAGE PARLOR REGULATION First Reading (Director of Pub 1 i c Sa f e ty ) A 1 etter was received from Ms. Ramona Moody requesting that Chula Vista investigate the possibility of revising the City's massage parlor ordinance to exempt "Hol istic Health Practitioners" (HHP) from regulation under that ordinance by separating health-directed massage from entertainment directed massage. By 1 isting HHP in Secton 5.36.070 as one of several categories of practitioners that are exempt from regulation, the revision includes language that requires that the qualified HHP be physically present on the establishment where the massage is being administered. Additional language is added to define "specified anatomical areas" and "operating requirements for massage technicians" that was previously missing from the ordinance. Councilwoman McCandl iss reported her concerns with the exemption of this industry from the ordinance and her lack of knowledge of "Hol i stic Heal th Practi tioners." Di rector of Publ ic Safety Winters reported his telephone conversations with Ms. Moody who requested the amendment. Councilman Nader questioned the certification requirements for HHP, which curriculum was explained to be centered in holistic health practice rather than just massage. City Attorney Harron stated the Police Department's concern is that this does not become a "front" for prostitution. MOTI ON MS (Nader/Cox) to ask staff to come back with language in the ordinance specifically defining the curriculum to be completed as ~ .- MINUTES - 11 - December 20, 1988 a State approved holistic health practice which includes massage, and to also define a holistic health practice establishment so as to include some range or accommodation of services offered and to include in this ordinance. Councilman Moore stated his preference with keeping this industry under the City's current ordinance; Councilman t~alcolm stated he would not support the motion since the City does not have the manpower to enforce the practice and added, if a legitimate hea1th organi zati on came forward wi th a proposal to offer such services, he would be willing to take this under consideration. Council does not have that kind of request before them. VOTE ON THE MOTION Motion carried. (Councilmembers Malcolm and Moore voted no.) EASTLAKE PRIVATE VERSUS PUBLIC PARKS (Assi stant Ci ty Manager and Di rector of Parks & Recreation) 17. REPORT EastLake residents have expressed concern regarding continued use of privately maintained park facilities by the public. City staff has met with representatives of EastLake Development Company to resolve this issue and has proposed a sol ution which recommends that Council: 1) Accept the concept of returning 5-plus acres of public park facilities in EastLake Hills and Shores to private domain in exchange for comparable park acreage and upfront development funds to finance construction of the EastLake Community Park by EastLake Development Company; Direct staff to prepare a resolution of vacate certain public service easements park facilities) in EastLake I; 3) Di rect staff to process an amendment to the EastLake I SPA Pl an to declare said park facil ities as strictly private facilities for the EastLake homeowners; and intention to (quasi-public 2) 4) Direct staff to prepare an agreement with EastLake Development Company to requi re the developer to provi de an additional five acres of publ ic park 1 and and to provide funding upfront to complete construction of the community park in one phase in exchange for future Park Acquisition and Development fee credit. Councilman Nader stated his concern with the statement of a Commissioner of the Parks & Recreation Commission that his decision to approve was a hasty one, and suggested continuance to get the input of the entire Commission. - ~ MINUTES - 12 - December 20, 1988 MOTION M (Nader) to refer the item back to the Commission with direction to deliberate as give Council the recommendation after full item. (Motion failed for lack of a second.) Assi stant Ci ty Manager Asmus commented he had pointed out to the Commission that the matter had been delayed a number of times and, in that sense, if the Commission could act, it would be time-sensitive. The clarity of the material given in advance of the meeting satisfied the Commissioners who voted with knowledge; no Commissioner from the Parks & Recration Commission was present at the Council Meeting. Three mini-parks plus the area around the lake which constitutes approximately 5 acres of land will be changed to private land with the Homeowners Association responsibility for the maintenance; the City would retain the walkway around the lake and would be responsible for its maintenance. Parks & Recreation they see fi t and to discussion of the Councilmembers discussed the issue at length and Councilwoman McCandl i ss emphasi zed the advance development of the Communi ty Center (3 to 5 years earlier), the 15 acre community park next to the school and the acre-per-acre return. Additionally, the residents' interest and need for accessibility to the lake would be satisfied and no burden would be placed on the people that reside within the district to pay for the damage, trash and inconvenience of having the public access. Robert Santos, EastLake Development, clarified EastLake now is requesting to change the disposition of EastLake 1 and to convert the private parks with the public access provision, and to make them private. Based on calculations that would result in a negative 5 acres of public access to parks, EastLake would guarantee to the Ci ty that an addi ti onal 5 acres woul d be bui 1 t adjacent to the Hi gh School, whether or not EastLake Greens is approved. Mr. Santos further clarified that, if the Greens Project is approved, a 15 acre Community Park is included in the package. In addition, although not currently required, the 15 acre Community Park woul d be improved by the EastLake Development Company and, in addition, potentially in the Greens Area of neighborhood parks, EastLake will provide 5 acres of neighborhood park above the 3 acres per 1,000 requirement of the City. If the City does not approve the Greens project, EastLake will still pro v ide the 5 a c res 0 f pub 1 i cpa r kwh ere t hat 1 5 a c r e co mm u n i ty park would have been. The rationale for the community center is that EastLake acknowledges they do not have the abil ity to make the park a 20 acre park at this time and requests that the 5 acre park be deferred to a time when the abil ity exi sts. To offset thi s, EastLake intends to accel erate $1,000,000 worth of park improvements. MOTI ON MS (Cox/Moore) to accept the staff recommendation on this item. - ~ MINUTES - 13 - December 20, 1988 Councilman Malcolm commented on the benefits for the public for the 5 acre park but reported he coul d not support this until the park is actually opened up to the public. To answer Councilwoman McCandl iss' question, Mr. Santos reported site construction of the high school will begin in September 1989 and be simultaneous with the construction of the community park. Mr. Santos suggested wording to state that EastLake agrees to buil d a five acre publ ic park next to the High School to be buil t in coordination with construction of the High School to make up for the deficit. A caveat is added to state that, in the context of the revi ew and processi ng of the EastLake Greens proposal, consideration will be given to incorporate the five acre park into the park solution for the EastLake Greens project. MOTION Motion passed. (Councilmembers Nader and Malcolm voted no.) CONSIDERATION OF NAME CHANGE FOR THAT PORTION OF OTAY LAKES ROAD BETWEEN BONITA ROAD AND TELEGRAPH CANYON ROAD TO COLLEGE ROAD (Director of Planning) Staff recommended (1) consideration of any name change for the north/south 1 eg of Otay Lakes Road to "Coll ege Road" be deferred to an unspecified future date when adequate information regarding street alignments and major land uses is available and (2), if Council wishes to consider any street name change at this time, staff should be instructed to return with an ordinance to be considered at a public hearing with notification to all affected property owners. The cost of materials for changing the name of the north/south leg of Otay Lakes Road will be $6,720. 18. REPORT Councilman Moore reported his concern with options previous recommendation to extend Telegraph Canyon Road County area. Mayor Cox reported it is timely at thi s consider any name change. and his into the poi nt to MOTIOrJ MS (Cox/Moore) to direct staff to pursue the second option to return with an ordinance to be considered at a public hearing with notification to all affected property owners. Councilwoman McCandliss stated her concern with the area where Telegraph Canyon Road joins the additonal arm of Otay Lakes Road. Paul L. Greene, Sr., 141 Lotus Drive, 920ll, questioned the fair-cost accounting, whether the college should be billed and suggested the road "also be known as College Road." VOTE ON THE MOTION Motion passed. (Councilwoman McCandliss voted no.) -- ~ tHNUTES - 14 - December 20, 1988 21. CITY MANAGER'S REPORT a. None 22. MAYOR'S REPORT a . Funding for the S tu dy - SDG&E County Water Authority Acquisition Feasibility Mayor Cox reported action taken by the City of San Diego to appropriate up to $250,000 to be used as a loan or a grant and ramifications by the County Water Authority because of their inability to operate as a gas and electric utility at this point and that the City Attorney in San Diego has this under review. MOTI ON MS (Cox/Moore) to refer this issue to staff for review and to come back at the January 10, 1989 Council Meeting with a recommendation whether or not the City of Chula Vista should consider participating in such an acquisition feasibility study. Councilman Malcolm recommended staff, if they advise against participation, to include conditions should Council act to participate. ADDITION TO THE MOTION M (Nader/Cox) to include other options - to open up business to competition, to take over only the aspects, and to allow private providers (whatever competitive in the way of energy and electricity). the util ity distribution is the most VOTE ON THE MOTION AND ADDITION TO THE MOTION Motion carried unanimously. b. Landscaping at Fire Station #2 - Assistant City Manager Asmus announced that the Fire Fighters have volunteered to do the landscaping and the sprinkler system, and that the project will be undertaken as soon as they receive the materials. Mayor Cox commended the Fire Fighters for their willingness to do this work. c. Appointment to SANDAG Policy Committee on SDG&E Merger Acqui siti on A report was given 1 ast week on the League of CA Cities San Diego Division's action to appoint a seven-person Task Force to review the merger acquisition. This policy Committee will have representation from the City and County of San Diego, City of Carl sbad, Ci ty of Chul a Vi sta, League of CA Ci ties, the SANDAG Board will be represented by Chairman Lois Ewen, and the CA Water Authority. A designation should be made for a representation from this City. .- MINUTES - 15 - December 20, 1988 MOTION MSUC (Malcolm/Nader) to appoint Mayor Cox to represent the City of Chula Vista on the SANDAG Policy Committee on the SDG&E Merger. 23. COUNCIL COMMENTS COUNCILMAN NADER: a. Enforcement of Mobilehome Rent Arbitration Ordinance - (Heard under "Oral Communications") b. City purchasing policy - recyclable materials Staff is requested to come up with a procurement policy that will take under consideration the desirabil ity to purchase of products that are recyclable and to ban the purchase of styrofoam products, such as other agencies have adopted. MOTION t1S (Nader) to refer to staff to bring back a pol icy for adoption that woul d require, in the absence of compell ing and economic considerations, the purchase of appropriate environmentally sensitive and recyclable products. c. Council appropriated funds that equipment reduce the glare of the television lights at and requested staff to take appropriate steps be obtained to a Council Meeti ng to correct this. All Council members wished all a Merry Christmas, Happy Holidays and a Happy New Year. ADJOURNMENT AT 9:38 P.M. to the joint meeting with the School District Boards on January 9, 1989 at 4:00 p.m. at Southwestern College and to the regular meeting of January 10, 1989 at 7:00 p.m. Jennie M.~~ CITY CLERK ~~ ~Y CITY CLERK CITY COUNC IL OF THE CITY OF CHULA VISTA MEETING ATTENDANCE RECORD DATES MAYOR COUNCILMEMBERS 1988 G. Cox T.Nader D.Malcolm L.Moore G .McCandl i ss Present ;ran.- 5 All J an. 12 A J an. 19 All Jan.26 All Jan.28 A A Feb. 2 All Feb. 3* A Feb. 9* A Feb. 9 All Feb.15 A Feb.16* A Feb.17* All Feb.20* All Feb.23 A Mar. 1 All Mar. 8 All Mar.15 All Mar.17 A Mar.22 A Mar.24 A Mar.29*** "A Apr. 4*** A Apr. 5 All Apr.12 All Apr.14*** A Apr.19 All Apr.26 All May 3 All May 10 A tlay 12 A May 17 A A May 19** A 11 ay 24 A May 26* A June 1 All June 4* All June 7 All June 8* All June 14 A June 15* A June 21 All June 29*** All * Adjourned Meeting ** Joint Meeting *** Speci al Meeting Clerk 1 12/31/88 CITY COUNCIL OF THE CITY OF CHULA VISTA MEETING ATTENDANCE RECORD DATES MAYOR COUNCILMEMBERS 1988 G. Cox T.Nader D.Malcolm L.Moore G. McCandl i ss Present JUlY 5 A July 12 A JUly 14* A July 14** All July 19 A July 26 All Aug. 2 All Au g. 8* All Aug. 9 A Aug. 10* A Aug. 16 All Aug. 18* A Aug. 23 A Sept. 6 All Sept.13 All Sept. 17* Sept.20 All Sept.27 A Oct. 4*** A A Oct. 11 A Oct. 18 A Oct. 20* A Oct. 25 A Oct. 27 A Nov. 1 A Nov. 8*** All Nov. 8 All Nov. 15 All Nov. 22 All Nov. 29* All Nov. 29*** All Dec. 6 A Dec. 8** All Dec. 13 A Dec. 20 All * ** *** Adjourned Meeting Joint Meeting Special Meeting Clerk 2 12/ :n/88