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HomeMy WebLinkAboutcc min 1987/07/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, July 21, 1987 Council Chamber 7:00 p.m. Public Services Building At 6:30 p.m., the City Council met in Closed Session under Government Code 54956.9 to discuss Hooper v. City of Chula Vista under subsection a, and potential litigation under subsection b; and to give instructions to negotiators under Government Code Section 54947.6 ROLL CALL MEMBERS PRESENT: Councilmembers Nader, Moore, McCandliss and Malcolm. MEMBERS ABSENT: Mayor Cox STAFF PRESENT: City Manager Goss; Assistant City Attorney Rudolph, Assistant City Manager Asmus In the absence of Mayor Cox, Mayor pro Tem Moore presided over the meeting. PLEDGE OF ALLEGIANCE TO THE FLAG~ SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor pro Tem Moore followed by a moment of silent prayer. 1. APPROVAL OF MINUTES None. 2. SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR (3a - 27) Mayor pro Tem Moore advised that item 4 requires a 4/5 vote, and announced the following pulled from the Consent Agenda: Items 5, 12, 13, 15, 22, 23, 25. Councilwoman McCandliss and Mayor pro Tem Moore offered comments on item 4 before voting on the balance of the Consent Agenda. (See item 4.) MSUC (Malcolm/Nader) to approve the balance of the Consent Calendar items. (Mayor Cox absent) For the record, the City Clerk read the headings. 3. WRITTEN COMMUNICATIONS a. REQUESTING CITY TO CONTINUE EFFORTS TO HAVE OTAY RANCH/UNITED ENTERPRISES INCLUDED IN SPHERE OF INFLUENCE - Frank A. Scott, Chairman, Crossroads, 4 East San Miguel Drive, Chula Vista MINUTES - 2 - JUly 21, 1987 The City Manager recommended and Council approved this communication from the chairman of CROSSROADS be received and acknowledged with an expression of appreciation for the offer to support inclusion of United Enterprises' property in the City's Sphere of InflUence. b. CLAIMS AGAINST THE CITY - Ms. Christine Baldwin, c/o 450 B Street, Ste. 1280, San Diego 92101-8004 On July 9, 1987, a claim was filed on behalf of Ms. Christine L. Baldwin in the amount of $50,000 plus indemnification in connection with an automobile accident on April 3, 1987. Since the conditions that allegedly caused the collision were brought about due to grading operations being conducted by the developer, Rancho Del Rey Partnership, the City's liability is deemed to be remote. Council denied this claim. 4. URGENCY ORDINANCE ESTABLISHING AN INTERIM MEASURE DECLARING A 2220 MORATORIUM ON PLANNING COMMISSION CONSIDERATION OF RESIDENTIAL TENTATIVE SUBDIVISION MAPS WITHIN THE AREA EAST OF 1-805, FOR A PERIOD OF NINETY DAYS On July 14, 1987, City Council passed a moratorium on the processing of General Plan Amendments east of 1-805, excepting Otay Rio Business Park. Council requested staff to bring back an ordinance in one week which would effectuate a moratorium on residential tentative maps. George D. Lindberg, 4201 Bonita Road, representing a client in the Mission Verde Subdivision, requested an adjustment to the moratorium to include an amendment (which would not increase the density) to an approved Tentative Map, which request would not be necessary under the proposed Urgency Ordinance. Council's intent with regard to a tentative map moratorium was read by Councilman Moore to state it would apply to residential proposals; those proposals could be filed and given preliminary review; staff's final recommendations and proposed conditions of approval would be withheld, and no Planning Commission public hearing or action would be entertained on a tentative map. The moratorium would run for 90 days and be in effect for the area east of 1-805. Councilwoman McCandliss questioned the exclusion of "industrial" projects; however, the only project impacted would be the Otay Business Park which Council has previously exempted by the General Plan Amendment. MINUTES - 3 - July 21, 1987 Councilmember Malcolm referred to a new plan for the Terra Nova project Tentative Map, and Councilmember Moore advised of his proposed vote of "no" to any adjustment in the ordinance. 5. RESOLUTION APPROVING AGREEMENT WITH BAKER, HANSEN, OSTROW FOR ARCHITECTURAL SERVICES FOR THE PREPARATION OF CONSTRUCTION DRAWINGS AND BID SPECIFICATIONS FOR THE ADDITION AND REMODEL OF FIRE STATION NO. 1 Pulled from the Consent Agenda. 6. RESOLUTION 13151 AMENDING CONTRACTUAL AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE SERVICES OF LIEUTENANT BILLY COX, SR. This contract with the State for the services of Lieutenant Cox ended on April 30, 1987. The contract included a full three years, and with its termination, Lt. Cox retired on May 8, 1987 after 28 years. This amendment reflects the changes in Lt. Cox's salary and benefits since the last amendment in March 1986, as well as the unused vacation hours that accumulated during the contract with the State. When he retired, Lt. Cox received all these payments, and Council passed this resolution enabling the City to receive a final reimbursement of $4,065. 7a. RESOLUTION 13152 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY PROVIDING FOR THE USE OF CHULA VISTA'S POUND FACILITIES AND SERVICES b. RESOLUTION 13153 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH PROVIDING FOR THE USE OF CHULA VISTA'S POUND FACILITIES AND SERVICES Chula Vista has provided Animal Shelter services for National City since 1965, which city now desires to renew this agreement for the current fiscal year. The City of Imperial Beach requested a similar shelter agreement. These contracts will provide a base revenue to the City of $45,990 for the fiscal year, plus the 1% service/billing charge each month. 8. RESOLUTION 13154 EXTENDING CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE YOUTH COUNSELING SERVICES AND AMENDING THE EXISTING AGREEMENT MINUTES 4 - July 21, 1987 The Chula Vista Police Department has operated a very successful Youth Counselor Diversion Program since 1972. Until June of 1985, the Department employed the counselors as permanent City employees. During the past two years, the City contracted with the South Bay Community Services (SBCS) to provide counseling services. In Fiscal Year 1987/88, South Bay Community Services has agreed to provide these services for $27,500, which is a 10% increase over the 86/87 rate of $24,970. Twenty-seven thousand, five-hundred dollars ($27,500) is budgeted in Account 1050-5201 for Fiscal Year 1987/88. 9. RESOLUTION 13155 APPROVING A CONTRACT WITH THE COUNTY OF SAN DIEGO FOR CITY IMPLEMENTATION OF COUNTY FUNDED CDBG PROJECTS As a result of the annexation of the Montgomery area, the City has agreed to implement certain public improvements projects in Montgomery which were funded by the County Community Development Block Grant (CDBG) program prior to the annexation but which have not yet been constructed. While authority for HUD funding for Montgomery undergoing transition from the County to the City, the County is also receiving CDBG funds for Montgomery projects which were approved by the City for 1986-87 and 1987-88 program years and which are to be implemented by the City. This item approves a contract for County funding and City implementation of five public improvement projects in the Montgomery area which fall into these categories. Council passed and adopted the resolution, enabling the City to receive reimbursements from the County of up to $287,601 for the cost of implementing the five projects. 10a RESOLUTION 13156 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN AREA ADVISORY COMMITTEE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT b. RESOLUTION 13157 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE REGIONAL TASK FORCE FOR THE HOMELESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT c. RESOLUTION 13159 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO RESIDENT RELATIONS FOUNDATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT MINUTES - 5 - July 21, 1987 On May 19, 1987, the City Council approved the Community Development Block Grant (CDBG) budget for fiscal year 1986-87. Included in that approved budget were funds for the organizations listed above. The total cost of the programs ($25,000) will be funded from 1987-88 Community Development Block Grant Funds. 11. RESOLUTION 13159 AMENDING FISCAL YEAR 1987-88 BUDGET FOR BAYFRONT CONSERVANCY TRUST The recommended budget is $358,150 which amends the Bayfront Conservancy Trust budget by reducing it from $410,750 to $358,150. At its meeting on July 16, 1987, the Redevelopment Agency adopted the Agency budget, including the funding necessary to support the new recommended budget for the Nature Interpretive Center. 12. RESOLUTION RESOLUTION OF INTENTION TO GRANT THE CABLE FRANCHISE TO ULTRONICS, INC. AND SETTING A PUBLIC HEARING TO CONSIDER THE PROPOSED FRANCHISE ON AUGUST 18, 1987 Pulled from the Consent Agenda. 13. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK & ASSOCIATES FOR THE DESIGN OF A TRAFFIC CONTROL SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Pulled from the Consent Agenda. 14. RESOLUTION 13160 APPROVING A CONTRACT FOR PERFORMANCE OF PROFESSIONAL SERVICES BY A CONSULTANT FOR METROPOLITAN SEWERAGE SYSTEM MATTERS The City Council on July 23, 1985, by Resolution No. 12114 approved a contractual agreement with Mr. William Harshman for providing sewerage-related professional services. This contract has expired. On February 18, 1987, the City of San Diego decided to abandon its request for waiver and to proceed towards construction of a secondary treatment system so as to be in conformity with EPA discharge requirements. The resolution approves a new agreement with Mr. William Harshman to perform such professional services at an hourly compensation of $35.00 with the maximum total compensation not to exceed $14,000 for the 1987-88 fiscal year. MINUTES - 6 - July 21, 1987 $30,000 has been budgeted in the FY 87-88 CIP Project SW-109 for consultant services involved with the Metro Sewer System upgrading. 15. RESOLUTION APPROVING FINAL MAP, SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS FOR CHULA VISTA TRACT 84-9, EASTLAKE I, UNIT 19 (68 SINGLE FAMILY UNITS) Pulled from the Consent Agenda. 16. RESOLUTION 13161 APPROVING CHANGE ORDER NO. 2 FOR THE CONSTRUCTION OF EARTHWORK AND GRADING, STREET, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE EXTENSION OF LAS FLORES DRIVE NORTH OF "D" STREET CONTRACT AND AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER ON BEHALF OF THE CITY On April 28, 1987, the City Council by Resolution No. 13009 awarded a contract to Erreca's Inc. for the extension of Las Flores Drive North of "D" Street. This project is funded by 1913 Act Assessment District Proceedings and consists of grading, street, drainage, sewer (temporary and permanent) and utility improvements. Change Order No. 2 for this contract is for the deletion of the bid item for the temporary sewer highline and the addition of a new item adjustment of sewer manholes (4). Council approved and the net effect of the change order will decrease the contract amount by $18,760.00 to $1,178,066.00. 17. RESOLUTION Deleted from Agenda. 18. RESOLUTION 13162 ACCEPTING PUBLIC IMPROVEMENTS - CONSTRUCTION OF STREET IMPROVEMENT ON THE NORTH SIDE OF "C" STREET BETWEEN DEL MAR AVENUE AND SECOND AVENUE IN THE CITY OF CHULA VISTA, CA Banil Corporation completed the installation of the street improvements on the north side of "C" Street between Del Mar Avenue and Second Avenue on July 7, 1987. A final inspection was made on July 8, 1987 and all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. 19a. RESOLUTION 13163 AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT TO OTAY WATER DISTRICT FOR UNDERGROUNDING OF WATER FACILITIES ACROSS CITY OWNED PROPERTY MINUTES - 7 - July 21, 1987 b. RESOLUTION 13164 APPROVING HOLD HARMLESS AGREEMENT WITH KIDS UNLIMITED, INC. FOR THE INSTALLATION OF UNDERGROUND UTILITIES ACROSS CITY OWNED PROPERTY Otay Water District has requested that the City grant an easement in, upon, over and across certain portions of City property for the purpose of laying underground water pipelines, laterals, main sewer lines, trunk sewer lines, collection lines and laterals, sewer manholes, and other underground and surface structures appurtenant to said water and sewer lines. This easement is required by Otay Water District so they may provide utilities to Kids Unlimited, Inc., a child-care center. In order to protect the City against the cost associated with such relocations if needed, the City has requested Kids Unlimited to provide the City with a Hold Harmless Agreement. 20. ORDINANCE 2217 AMENDING SECTION 2.02.020 BY ADDING A NEW SUBSECTION Z RELATING TO PROJECT AREA COMMITTEE MEMBERS - SECOND READING AND ADOPTION Council approved this ordinance which would add Redevelopment Project Area Committee members to the list of designated officials for purposes of the Political Reform Act. The ordinance was placed on first reading at the meeting of July 14, 1987. 21. ORDINANCE 2218 AMENDING SECTION 8.08.070A DEALING WITH ANNUAL HEALTH INSPECTION FEES - SECOND READING AND ADOPTION Council approved the ordinance amending and making Chula Vista's penalty provisions for annual health inspection fees uniform with those of the County of San Diego and all the other cities in the County whose health inspections are performed by the County. The ordinance was placed on first reading at the meeting of July 14, 1987. 22. REPORT OTAY MESA DEVELOPMENT STATUS Pulled from the Consent Agenda. 23. REPORT UPDATE REGARDING CITY'S PROPOSED ISSUANCE OF CERTIFICATES OF PARTICIPATION Pulled from the Consent Agenda. 24. REPORT REQUEST FOR WIDENING ALONG WOODLAWN AVENUE During the City Council meeting of June 9, 1987, Mr. Milton Hirsch of 45 Woodlawn Avenue requested that Woodlawn Avenue be widened between Seavale Street and Chula Vista Street. This widening was MINUTES - 8 - July 21, 1987 said to be necessary because of the construction of apartment buildings in the immediate vicinity in recent years without the provision of adequate off-street parking, and the consequent over utilization of curbside parking spaces. Staff's report details any proposed widening and notes that because of the limited value of widening, only a portion of the 136 foot frontage at 54 Woodlawn Avenue (driveway widths) would have to be excluded. Staff believes that elimination of parking along the street is a more desirable way of relieving a bottleneck at this location than widening would be. 25. REPORT REGARDING WRITTEN COMMUNICATION FROM MR. RICHARD A. RUBIN, 3569 FIFTH AVENUE, SAN DIEGO 92103, REQUESTING TO INSTALL CROSSWALK ACROSS "F" STREET AT LANDIS AVENUE Pulled from Consent Agenda. 26. REPORT SANDAG'S NAVY HOUSING PROPOSALS FOR CHULA VISTA The Planning Department has studied SANDAG's letter of July 7, 1987 and its attached draft report entitled "Military Housing Site Alternatives." This draft report evaluates several potential Navy family housing sites and, upon adoption by the SANDAG Board of Directors, will be transmitted to the U.S. Department of Defense. The Draft Alternatives suggest four potential Navy family housing sites for the City of Chula Vista. Three of these sites, "PV-42," "PV-110," and "PV-114" are situated within the territory constituent to the E1 Rancho del Rey Specific Plan and the fourth, PL-100, is located on the Otay Landfill in the Otay Valley Road Redevelopment Project Area. Council instructed staff to advise the Executive Director Of SANDAG that the Navy family housing sites proposed under the Draft Military Housing Site Alternatives are inconsistent with the physical, social, economic, and environmental interests of this municipality, and are opposed by the City. 27. REPORT CONCERNING THE DESIGN AND CONSTRUCTION OF A NEW FIRE STATION AT 80 EAST "J" STREET Staff has been developing the plans to construct a new fire station at 80 East "J" Street. Plans for this new 3,465 square foot fire station have been completed. This new station will be constructed behind the current station which will be removed once construction of the new station is completed. These plans were reviewed by the Design Review Committee and they made a number of recommendations concerning the design of the building to include a master landscaping plan. All of these recommendations have been incorporated in the plan to make this new station compatible with the neighborhood and attractive. MINUTES - 9 JUly 21, 1987 END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 28a REPORT FUNDING OF ADMINISTRATION COSTS FOR TOWN CENTRE MAINTENANCE DISTRICT b. PUBLIC HEARING ON TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT FOR FY 1987-88 RESOLUTION 13165 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED JUNE 22, 1987 PREPARED PURSUANT TO RESOLUTION NO. 13042 APPROVED PURSUANT TO RESOLUTION NO. 13091 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT: ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1987; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1987 THROUGH JUNE 20, 1988 CITY OF CHULA VISTA TOWN CENTRE NO.1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1987-88 Mayor pro Tem Moore continued the Public Hearing from the meeting of July 14, 1987. The Town Centre No. 1 Street Lighting and Landscape Maintenance District was formed in 1980 after improvements were made along Third Avenue between "E" and "F" Streets. Since then the improvements have been extended south of "G" Street and westerly from Third Avenue on the south side of "F" Street. The district boundary was adjusted to include three properties on the south side of "F" Street between Third Avenue and Garrett Avenue in 1984. Staff advised Council that, as directed, funding was reduced by 50%, with the General Fund picking up 50%. The General Fund will pay $2,665 of the Open Space Coordinator's administration for FY 87-88. The Town Centre Maintenance District budget must be amended from $36,510 to $34,160. Mayor pro Tem Moore declared the public hearing closed. RESOLUTION offered by Mayor pro Tem Moore, the reading of the text was waived by unanimous consentt passed and approved. (Mayor Cox absent) MINUTES - 10 - July 21, 1987 29. CONSIDERATION OF FINAL EIR-87-2 - OTAY RIO BUSINESS PARK a. PUBLIC HEARING: GPA-87-1 - CONSIDERATION OF A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL, AGRICULTURE AND RESERVE AND OPEN SPACE TO MEDIUM DENSITY RESIDENTIAL AND RESEARCH AND LIMITED INDUSTRIAL LOCATED WEST OF OTAY VALLEY ROAD AND NORTH OF THE CITY OF SAN DIEGO BOUNDARY IN THE SOUTHEAST CORNER OF THE CHULA VISTA CITY LIMITS - OTAY RIO BUSINESS PARK RESOLUTION APPROVING GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL, AGRICULTURAL AND RESERVE AND OPEN SPACE TO MEDIUM DENSITY RESIDENTIAL AND RESEARCH AND LIMITED INDUSTRIAL LOCATED WEST OF OTAY VALLEY ROAD AND NORTH OF THE CITY OF SAN DIEGO BOUNDARY IN THE SOUTHEAST CORNER OF THE CHULA VISTA CITY LIMITS - OTAY RIO BUSINESS PARK b. PUBLIC HEARING PCZ-87-H - CONSIDERATION TO REZONE 210 ACRES LOCATED WEST OF OTAY VALLEY ROAD AND NORTH OF THE CITY OF SAN DIEGO BOUNDARY IN THE SOUTHEAST CORNER OF THE CHULA VISA CITY LIMITS FROM A-8 AND F-1 TO R-1 AND I-L-P - OTAY RIO BUSINESS PARK ORDINANCE REZONING 210 ACRES LOCATED WEST OF OTAY VALLEY ROAD AND NORTH OF THE CITY OF SAN DIEGO BOUNDARY IN THE SOUTHEAST CORNER OF THE CHULA VISA CITY LIMITS FROM A-8 AND F-1 TO R-1 AND I~L-P OTAY RIO BUSINESS PARK FIRST READING c. PUBLIC HEARING PCS-87-6 - CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR OTAY RIO BUSINESS PARK, CHULA VISTA TRACT 87-6, LOCATED WEST OF OTAY VALLEY ROAD AND NORTH OF THE CITY OF SAN DIEGO BOUNDARY IN THE SOUTHEAST CORNER OF THE CHULA VISTA CITY LIMITS RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP FOR OTAY RIO BUSINESS PARK, CHULA VISTA TRACT 87-6, LOCATED WEST OF OTAY VALLEY ROAD AND NORTH OF THE CITY OF SAN DIEGO BOUNDARY IN THE SOUTHEAST CORNER OF THE CHULA VISTA CITY LIMITS MSUC (McCandliss/Nader) for a continuance of all above items to the City Council meeting of July 28, 1987, at the request of the applicant. (Mayor Cox absent) MINUTES - 11 July 21, 1987 30. ORAL COMMUNICATIONS a. Robert F. Kroeger, 4215 Helix Del Sur, La Mesa, representing Mace Industrial Center, stated his disagreement with staff relative to the width of parking spaces at the project and emphasized that time was an issue. Mr. Kroeger was advised that, by lawt no action could be taken by Council at this meeting. MSUC (McCandliss/Malcolm) to refer Mr. Kroeger's issue to staff for a report to Council at the next meeting. (Mayor Cox absent) b. Norbert Stein, 234 Fifth Avenue, Chula Vista, offered his comments concerning the Least Tern and its effect on the Bayfront Development. PULLED ITEMS 5. RESOLUTION 13166 APPROVING AGREEMENT WITH BAKER, HANSEN, OSTROW FOR ARCHITECTURAL SERVICES FOR THE PREPARATION OF CONSTRUCTION DRAWINGS AND BID SPECIFICATIONS FOR THE ADDITION AND REMODEL OF FIRE STATION NO. 1 This remodeling project will provide office space for the Fire Prevention Unit which is now housed in the southern wing of City Hall. It will also include a Conference Room, a Physical Fitness Room and more functional office layouts for the Suppression Battalion Chiefs and the Training Division. Funds for this project ($153,000) have been budgeted in CIP Account PS107 (1986/87). RESOLUTION offered by Councilwoman McCandliss the reading of the text was waived by unanimous consentt passed and approved unanimously. (Mayor Cox absent) 12. RESOLUTION 13167 RESOLUTION OF INTENTION TO GRANT THE CABLE FRANCHISE TO ULTRONICS, INC. AND SETTING A PUBLIC HEARING TO CONSIDER THE PROPOSED FRANCHISE ON AUGUST 18, 1987 Ultronics, Inc., currently has installed a cable system at the Woodlawn apartments located at 5535 Woodlawn Avenue. The system is comprised of two satellite dishes and provides service to a 152 unit complex. The company would intend to modify the existing equipment with application equipment so they can service other residents within the City. The current operation technically violates the City Charter because of the absence of a franchise with the City, but in deference to Mr. Altbaum and Ultronics, Inc., his request for consideration of the franchise was filed with the City early this calendar year and has not been processed in a timely fashion. MINUTES - 12 July 21, 1987 If this franchise is approved, the City can anticipate receiving 5% of the income on all services provided in the City. Initially, not more than $8,000-$9,000 per year will be derived from the Woodlawn apartments but, as additional facilities are added, that figure should grow. Martin L. Altbaum, 405 The Hill Road, Bonita, representing Ultronics, Inc., referred to the 5% proposed franchise fee declaring it unfair compared with the 3% stated in the franchise of Cox Cable. Councilwoman McCandliss stated her intent to question the difference at the public hearing. RESOLUTION offered by Councilman Malcolm as read. Assistant City Attorney Rudolph advised that if the resolution of intention is adopted this evening, it would be published as set forth the terms and conditions on which it is proposed to be granted. MS (Nader/Malcolm) to amend the resolution showing a 3% fee. SUBSTITUTE MOTION MS (Nader/Malcolm) to amend the Resolution and provide for 3% in the first three years, and 5% thereafter. Discussion ensued relating to the possible differences between Ultronics and Cox Cable, and Mr. Altbaum explained how his company does exactly the same as Cox Cable; and his economical reason why the product would be marketed to others in the area. Also, because of an "unacceptable assumption" by Council, a specific description was given relative to the technology of the TV dish and how all cable companies work. AMENDMENT TO THE SUBSTITUTE MOTION MS (Nader/Malcolm) to amend the Resolution and provide for 3% in the first three years and, thereafter, the maximum allowable of the prevailing franchise fees allowed by law. Assistant City Manager Asmus explained the Cox Cable agreement, as it stands today and Councilmembers further discussed the options and how Federal law has affected the options. Councilman Nader considered an inclusion to his amendment to the motion by the addition of leaving it "open" after the first three years. After direction from the Assistant City Manager Rudolph as the subject pertains to the City Charter, plus the fact that no rate was set for years 3 to 23, the consenus was to leave the fee "open" for negotiation after three years. MINUTES - 13 JUly 21, 1987 SUBSTITUTE MOTION REWORDED: MSUC (Nader/Malcolm) to amend the Resolution to set the franchise fee for 3% for the first three years, and reopen after that with a floor of whatever is in the Cox contract. (Mayor Cox absent) 13. RESOLUTION 13169 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK & ASSOCIATES FOR THE DESIGN OF A TRAFFIC CONTROL SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In March 1987, the City requested the submission of proposals by qualified consultants to design a Traffic Signal Master Control System for the purpose of controlling approximately 100 traffic signals within the City limits by the use of a central computer. Thirteen Requests for Proposals were mailed to consultants throughout California but only two proposals were submitted to the City. Both consultants were interviewed and the firm of JHK & Associates has been selected to do the design work. A final contract has been negotiated between the Director of Public Works and the consultant and is presented tonight which outlines the work program, project schedule and compensation. The total cost of the design phase of this project is $150,000. Adequate funding has been appropriated and is available in the current Capital Improvement Program. This is a multi-year FAU project with a total estimated cost of $2,000,950. Mayor pro Tem pulled this from the Consent Agenda to question the reason for only two submissions, and staff gave an explanation of the conditions imposed. RESOLUTION offered by Mayor pro Tem Moore, as read, passed and approved unanimously. (Mayor Cox absent) 15. RESOLUTION 13168 APPROVING FINAL MAP, SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS FOR CHULA VISTA TRACT 84-9, EASTLAKE I, UNIT 19 (68 SINGLE FAMILY UNITS) The Final Map for CVT 84-9, EastLake I Unit 19 has been reviewed by the Engineering Department and found to be in conformance with the Tentative Map approved by the City Council on February 19, 1985, by Resolution No. 11935. RESOLUTION offered by Mayor pro Tem Moore the reading of the text was waived by unanimous consent, passed and approved unanimously. (Mayor Cox absent) MINUTES - 14 - July 21, 1987 22. REPORT OTAY MESA DEVELOPMENT STATUS (Director of Planning On June 23, 1987, the City Council received a written communication as to activity occurring on Otay Mesa and its effect on Chula Vista. At Council's direction, the staff has also been monitoring the level of current planning activities on the Mesa for several months. This report is in response to Council's request for a more current update of Mesa planning and issues. Staff concluded that the next steps will be to see if the respective jurisdictions, especially the City of San Diego at this point, are willing to enact the ordinances, phasing program and fees necessary to implement the steps outlined as well as take a responsible position on Brown Field. Staff will provide Council with more frequent status reports as to activities on the Mesa as various planning actions proceed. Councilman Nader questioned the fact that Council asked to be kept advised of Tentative Maps to determine on case by case basis what action should be taken, which was agreed to by Councilwoman McCandliss. Planning Director Krempl's understanding did not indicate the same and discussion ensued. MS (McCandliss/Nader) to direct staff to monitor notices of Public Hearings on Tentative Maps relative to Otay Mesa Development and to review planning documents and, if necessary, to attend Public Hearings to express Council's concerns on Environmental Impact Report and materials presented. (Mayor Cox absent) AMENDMENT TO THE MOTION MSUC (McCandliss/Nader) to include Councilman Nader amendment adding that where Council's interests are adversely affected, staff not only testify but to present any evidence or challenges pertaining to the adequacy of safeguards provided by the applicant, or whatever will be needed to get in the public record and; secondly, staff should continually update Council on the Tentative Maps and the position staff took or action recommended. MSUC (Moore/McCandliss) to accept the Report of item 22. (Mayor Cox absent) 23. REPORT UPDATE REGARDING CITY'S PROPOSED ISSUANCE OF CERTIFICATES OF PARTICIPATION On April 30, 1987, the Redevelopment Agency and Homart Development Co. entered into a Disposition and Development Agreement whereby Homart agreed to develop and redevelop the Chula Vista Shopping Center. Total cost of the project is estimated to be $42,150,000. Of this amount, $35,000,000 is to be invested by Homart and $7,150,000 by the City/Agency. MINUTES - 15 - July 21, 1987 City staff has been working closely with bond counsel, Agency counsel, the underwriter and the developer to structure the Certificates of Participation financing to provide the City's share in the amount of $7,150,000. In addition, staff is structuring the Certificates to provide financing for refunding the 1982 Parking Facility Certificates ($4,013,000), court improvements to the South Bay Regional Center ($1,300,000), and General Fund Capital Improvement Projects ($1,300,000). The purpose of staff's report is to bring Council up to date regarding the restructuring of the proposed financing and to give Council the opportunity to discuss and make any comments at this time. Councilman Nader explained that he received information, since he asked to have this pulled from the Agenda, which answered his question. Councilwoman McCandliss stated her wish to have staff provide a flow chart to explain the two different bonding groups. MSC (Moore/McCandliss) to accept the Report, item 23. (Councilman Malcolm voted no; Mayor Cox absent) 25. REPORT REGARDING WRITTEN COMMUNICATION FROM MR. RICHARD A. RUBIN, 3569 FIFTH AVENUE, SAN DIEGO 92103, REQUESTING TO INSTALL CROSSWALK ACROSS "F" STREET AT LANDIS AVENUE (Director of Public Works/City Engineer) At the meeting of October 28, 1986, the City Council directed the staff to review the request to install a crosswalk across Street at Landis Avenue and return with a report and recommendation. Staff's report details the background of this proposal noting that "F" Street is an east-west collector street. The segment of "F" Street between Garrett Avenue and Third Avenue is provided with two through lanes for traffic in each direction, separated with a two-way left-turn lane. It is 64 feet wide curb to curb. Landis Avenue is a two-lane residential street at this time. Landis Avenue forms a "T" intersection with "F" Street. The average daily traffic (ADT) on "F" Street in this segment is approximately 14,190 vehicles per day. The posted speed limit is 30 mph and speed surveys indicate that the 85th percentile speed is 33 mph. MINUTES 16 - JUly 21, 1987 The crosswalk issue on "F" Street was before the Council on May 22, 1984, Council directed staff to return with one recommended location for a crosswalk between Third Avenue and Fourth Avenue. The crosswalk at Garrett was selected. If a crosswalk is approved at Landis, then staff would recommend removal of the crosswalk at Garrett; and furthermore, that the use of stamped concrete or other concrete or paving methods not be used. Mr. Nathan Adler, 4506 Bonita Road and the developer of City Plaza spoke for Mr. Rubin to encourage the City Council to consider a crosswalk across F Street to connect the Town Centre project. Councilman Moore restated Council's and the Safety Commission's indepth studies which reveal a false feeling of safety within a marked crosswalk, and that the pedestrian has an obligation to assure the vehicle has an opportunity to stop before entering the crosswalk. MSUC (Nader/Moore) to refer the request to the Safety Commission and to staff with accompanying explanation that, although Council accepts the marked crosswalk at this particular location, they want recommendation on how to address the problem rather than how not to. (Mayor Cox absent) 31. REPORT OF THE CITY MANAGER a. The next Community Forum meeting of the Montgomery Area is scheduled for August 17th at the Otay Community Center. b. San Diego Pops is tentatively scheduled for August 30 on the Bayfront. c. The widening of Sweetwater Road adjacent to Rohr park has narrowed the jogging trail; and the County will now widen the trail. d. The Fieldstone Company contributed $2,000 for the Drill Team. e. The City Manager will be on vacation for the following week, and Assistant City Manager Asmus will be responsible for Administration. 32. MAYOR'S REPORT None. 33. COUNCIL COMMENTS COUNCILWOMAN McCANDLISS: a. In answer to Councilwoman McCandliss' request, staff indicated that contact with the Port District did not reveal any travel policy for Port Commissioners but expects further information within the next week. MINUTES - 17 - July 21, 1987 b. At the Country Festival, oil and tar in the streets were being brought in on shoes into the shops along Third Avenue. She asked staff to be aware of thgis for future events in this area. COUNCILMAN MALCOLM: a. Legislative Report - House Constitutional Resolution #93 (Extension of Medicare Coverage) MSUC (Malcolm/Moore) to oppose House Resolution Bill 93. (Mayor Cox absent ) b. Reported that South Bay will be getting its money on the 1/2~ sales tax issue. Councilmen Malcolm and Moore attended the SANDAG meeting and stated Council's position. Because of this, SANDAG modified its recommendation to include that all contingency funds and any overage will be first used to fund priority roads in the South Bay, particularly Route 125. It now looks as if the South Bay's $100,000,000 will be returned over the next 20 years. c. Encouraged the City Attorney, if he feels there is a we need for a Charter change because of the franchise agreement or other reason to bring it forth to place on the ballot. COUNCILMAN MALCOLM AND COUNCILWOMAN MCCANDLISS a. Councilman Malcolm and Councilwoman McCandliss: Presentation of SDG&E landscaping plan was introduced and explained that it would be accomplished in three phases. Karen Hutchins, San Diego Gas & Electric representative, explained that $1.3 million will be spent on the landscaping plan for this facility. Dave Rayfield conducted the presentation and pointed out the areas on a visual for the Council. The project is now in the construction phase for Phase I and the project should be completed toward the end of 1988. ADJOURNMENT at 9:09 p.m. to the meeting of July 28, 1987 at 7 p.m. nnie M. y Clerk Jean~-t~ane, Deputy City Clerk 1054C