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HomeMy WebLinkAboutcc min 1987/08/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 18, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Councilmembers Nader and, Moore, Mayor Cox, Councilwoman McCandliss and Councilmember Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus; Assistant City Attorney Rudolph PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES MSC (Moore/Nader) to approve Minutes for the Meeting of August ll, 1987, as amended noting National City's Centennial Parade is scheduled for September 20, 1987. 2. SPECIAL ORDERS OF THE DAY - None CONSENT CALENDAR (Items 3a - 14) Mayor Cox announced the following items pulled from the Consent Agenda as items 3b, 7, 8, 10, 12, 13, 14. MSUC (Moore/Malcolm) to approve the balance of the Consent Calendar with Mayor Cox abstaining from voting on item 6 because of a potential conflict of interest awaiting a ruling from the Fair Political Practices Commission. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR COORDINATION BY THE CITY OF CHULA VISTA, THE SWEETWATER UNION HIGH SCHOOL DISTRICT, THE EASTLAKE CORPORATION AND THE SOUTH BAY CULTURAL ARTS CENTER INCORPORATED TO COMBINE EFFORTS - South Bay Cultural Arts Center, 820 Fourth Avenue, Chula Vista, CA 92011. Council directed staff to schedule a Council Conference as early as possible for a feasibility study of the South Bay Cultural Arts Center. b. REQUEST FOR RETROACTIVE PAY INCREASES TO ALL CVEA REPRESENTED CLASSIFICATIONS FOR THE PERIOD FROM JULY 3, 1987 THROUGH July 30, 1987 - Sal Cuellar, President of Chula Vista Employees' Association. (Pulled from the Consent Agenda) MINUTES - 2 - AugUst 18, 1987 c. TERMINATION OF MEMBER CARLOS BABCOCK FROM THE INTERNATIONAL FRIENDSHIP COMMISSION, AND REQUEST FOR REPLACEMENT APPOINTMENT - Lorraine Alexander, Secretary for International Friendship Commission. Council terminated Carlos Babcock's commission and directed the City Clerk to post the vacancy to complete the term which expires on June 30, 1990. 3d. CLAIM AGAINST THE CITY Mr. Giovanni Luna, 21 Oxford Street, Chula Vista, CA 92011 Council accepted the recommendation of the Claims Adjustors and of Risk Management that this claim be denied. 4. RESOLUTION 13196 AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL DEPARTMENT RECORDS The Risk Management Division was authorized by Council to destroy the expired and obsolete records to conserve storage space 5. RESOLUTION 13197 ACCEPTING TEMPORARY EASEMENT FOR TIDELANDS AVENUE BETWEEN "F" STREET AND "G" STREET FROM THE SAN DIEGO UNIFIED PORT DISTRICT The new easement for Tidelands Avenue will continue the temporary right-of-way which expires on August 31, 1987. Continued maintenance of the street and the eventual removal of the street surface when no longer used or needed will be required. 6. RESOLUTION 13198 ACCEPTING PUBLIC IMPROVEMENTS, CORRAL CANYON ROAD FROM EAST "H" STREET TO NORTHERLY CITY LIMIT McMillin Development Company has completed the construction of the subject public improvements to its connection with the existing improvements within the Bonita Highlands Subdivision in the unincorporated area, and a final inspection was performed on August 11, 1987. Council directed staff to filea notice of completion. 7a. RESOLUTION APPROVING AMENDMENT OF SITE LEASE AND LEASE AGREEMENT WITH RESPECT TO TOWN CENTRE I PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $10,000,000 1987 SERIES B CERTIFICATES OF PARTICIPATION, AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES, APPROVING ASSIGNMENT OF INTERESTS BY IMPERIAL MUNICIPAL SERVICES GROUP AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION MINUTES - 3 - Augjst 18, 1987 7b. RESOLUTION APPROVING LEASE AGREEMENT AND OPERATING LEASE WITH HOMART DEVELOPMENT COMPANY RELATING TO TOWN CENTRE II PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $11,000,000 1987 SERIES A CERTIFICATES OF PARTICIPATION, AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION 7c. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AMENDMENT OF SITE LEASE AND LEASE AGREEMENT WITH RESPECT TO TOWN CENTRE I PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENTS, ASSIGNMENT AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $10,000,000 1987 SERIES B CERTIFICATES OF PARTICIPATION AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES, APPROVING ASSIGNMENT OF INTEREST BY IMPERIAL MUNICIPAL SERVICES GROUP AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION d. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SITE LEASE AND LEASE AGREEMENT RELATING TO TOWN CENTRE II PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $11,000,000 1987 SERIES A CERTIFICATES OF PARTICIPATION, AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION (7a through 7d pulled from the Consent Agenda) 8. RESOLUTION APPROVING THE STAFF RECOMMENDATION PRIORITY LISTING FOR EXPENDITURE OF ENVIRONMENTAL LICENSE PLATE GRANT (Pulled from the Consent Agenda) 9. RESOLUTION 13199 APPROPRIATING FUNDS FOR THE SAN DIEGO PHILHARMONIC POPS CONCERT EXPENSES AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT Council authorized the Mayor to execute the Agreement with the San Diego Unified Port District to host a "Pops" Concert at Marina View Park on August 30, 1987, and approved allocation of $10,700 from the unappropriated balance of the General Fund for the City's share of costs. The Port District has agreed to furnish $17,000 for the actual contract cost of the orchestra. . MINUTES - 4 - August 18, 1987 9A. ORDINANCE 2223 AMENDING SECTION 18.20.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE TIME FOR FILING FINAL PARCEL MAPS - SECOND READING AND ADOPTION (Continued to the meeting of August 25.) 10. RESOLUTION APPROVING THE TEMPORARY RESTRICTION OF THROUGH TRAFFIC ON FIG AVENUE (Pulled from the Consent Agenda) 11. REPORT CITY ATTORNEY'S IMPARTIAL ANALYSIS OF BALLOT PROPOSITION FOR NOVEMBER 1987 BALLOT RESOLUTION 13200 APPROVAL OF ARGUMENT IN FAVOR OF PROPOSITION FOR NOVEMBER 1987 BALLOT The City Attorney is required by law to prepare an impartial analysis of City measures qualifying for the ballot. Council authorized the Mayor to sign the argument for the Proposition on behalf of the Council and directed the City Clerk to place it on the ballot. 12. REPORT REGARDING A REQUEST TO INSTALL A CROSSWALK ACROSS THIRD AVENUE AT "D" STREET NEAR FREDERICKA MANOR - (Continued from the Meeting of August 11) ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 25 MILES PER HOUR ON THIRD AVENUE BETWEEN "C" STREET AND "E" STREET - FIRST READING (Pulled from the Consent Agenda) 13. REPORT REQUEST FOR FUNDING FOR PARTICIPATION IN THE IRON MAN TRIATHLON IN HAWAII, Firefighter John Bates. (Pulled from the Consent Agenda) 14. REPORT ON THE LIBRARY WATER FEATURE (Pulled from the Consent Agenda) END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING TO CONSIDER REVISIONS TO THE MASTER FEE SCHEDULE INCLUDING DEVELOPMENT RELATED FEES RESOLUTION 13201 ADOPTING THE MASTER FEE SCHEDULE MINUTES 5 August 18, 1987 Council held a workshop in September 1982 to discuss the concept of full cost recovery as it related to Chula Vista's fees and a public hearing was recommended. It is anticipated that the revised Master Fee Schedule may result in an additional $650,000 in revenue for FY 1987-88. This being the time and place as advertised, Mayor Cox declared the public hearing open. Principal Management Assistant Byers reported that staff determined it would be more equitable to use the 1985 Building Code fees rather than 75% or full cost recovery; the Library Board concurs with recommended library fees; and no increases are recommended for Park and Recreation fees. Fees relating to residential developments will take effect on October 19, 1987, and all others upon adoption of the resolution. Mayor Cox acknowledged receipt of the August 13th letter from the Construction Industry Federation stating their support of full cost recovery for processing fees and requesting that, pursuant to Government Code Section 65962, the increases be effective sixty days following Council's action. Staff, in answer to Councilmember Nader's question relative to the "lifeline sewer rate for fixed income homeowners" previously referred to staff and not reflected in this report, will return to Council in 4 weeks. There was no one else to speak for or against this item and the Mayor declared the public hearing closed. RESOLUTION OFFERED BY MAYOR COX the reading of the text was waived by unanimous consent, passed and approved unanimously. MS (Nader/Moore) to defer action for four weeks to allow staff time to discuss 3.20.020, (a) Domestic Sewer Service charges as it relates to low to moderate and fixed income homeowners, in order to deal with the entire fee structure at one time. Mr. Byers explained that the billing for the water service does not come from the City but from the water company. An unsuccessful attempt has been made by staff to request modification of the billing programs. It is now suggested that Council adopt the Master Fee Schedule as proposed and Staff will return in month's time with the mechanisms established to refund appropriately - annually and as applied for - rather than on a monthly basis to reduce administrative cost. Councilmember Nader, with the agreement of the second withdrew the motion with the understanding that staff will return to Council in four weeks with a refund proposal. MINUTES - 6 - August 18, 1987 16. PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AMENDMENTS TO THE CHULA VISTA MUNICIPAL CODE WITH REGARD TO PARKLAND DEDICATION REQUIREMENTS AND INCREASES IN THE PARKLAND ACQUISITION AND DEVELOPMENT FEES IN THE MASTER FEE SCHEDULE Staff recommended that this matter be tabled until a determined future date when a new public hearing date will be noticed. MSUC (Malcolm/Cox) to file this request. At 7:24 p.m., Councilman Malcolm left the meeting. 17. PUBLIC HEARING PROPOSED CABLE FRANCHISE FOR ULTRONICS, INC. ORDINANCE GRANTING A FRANCHISE AGREEMENT TO ULTRONICS, INC. (FIRST READING) Assistant City Attorney Rudolph submitted a memorandum to Council outlining points made by Cox Cable (1) as to whether the proposed franchise for Ultronics is "identical or similar"; and that (2) it contains no language expressly dealing with the issue of denial of access to cable service because of income of the residents of the local area in which the group resides. It was recommended by the Assistant City Attorney that the public hearing be continued and renoticed with the conditions contained in his memorandum. This being the time and place as advertised, Mayor Cox declared the public hearing open. Martin L. Altbaum, 4005 The Hill Road, Bonita, representing Ultronics Inc., stated his dissatisfaction with what he described as "illogical and unnecessary delays" in this matter as well as the lack of communication on all levels. Councilmembers, the Assistant City Attorney and staff discussed with Mr. Altbaum the points proposed for the franchise agreement and the reasons for including those conditions which follow: 1. That Ultronics commence installation of its system with 180 days of grant of the franchise; 2. That Ultronics diligently pursue completion of the system; 3. That Ultronics could not refuse to accept a subscriber unless it was not in the public interest for Ultronics to furnish service for that proposed subscriber; and 4. That Ultronics post a performance bond in the amount of $5,000. MINUTES - 7 August 18, 1987 Robert McRann, 5159 Federal Boulevard, San Diego, Vice President and General Manager of Cox Cable, stated no opposition to the granting of a franchise to any legitimate business under the same terms and conditions, and pointed out what he perceives to be defects in the proposed franchise agreement and offered suggestions. Mr. McRann requested Council to deny the proposed franchise agreement and that a new resolution be adopted to include his suggested language. There was no one else to speak for or against this item and the Mayor declared the public hearing closed. MSUC (Cox/Nader) to adopt a resolution to set forth the proposed terms and conditions of the franchise the same as those set forth in the notice of intention for the meeting of August 18, 1987, plus items 1 through 4 as set forth in the Assistant City Attorney's memorandum of August 14, 1987 and as modified in no.3., the basic thrust of which is to come up with language relating to "reasonable economically serving proposed subscribers", and no. 5. to have language that will assure access to cable services not be denied to any group of potential cable services because of the income of the residents of the local area in which the group resides; and that the City Clerk be directed to notice and set this matter for public hearing on September 8, 1987. (Councilmember Malcolm absent) Mr. McRann later appealed to Council to rescind the motion, gave his reasons for the request and suggested a meeting artended by himself, Mr. Altbaum of Ultronics Inc. and the Assistant City Attorney with the goal of arriving at mutually acceptable language for the Agreement. Mayor Cox encouraged Mr. McRann to contact all concerned parties since such a meeting would appear to be beneficial to all concerned. 18. ORAL COMMUNICATIONS None PULLED ITEMS 3b. REQUEST FOR RETROACTIVE PAY INCREASES TO ALL CVEA REPRESENTED CLASSIFICATIONS FOR THE PERIOD FROM JULY 3, 1987 THROUGH July 30, 1987 - Sal Cuellar, President of Chula Vista Employees' Association. James A. Flinn, 8929 Covina Street, Chula Vista, lead negotiator of the Employees Association addressed Council with their concerns explaining that the agreement was ratified by the Association when pressure was placed upon them to "settle early or else" and, at that time, it was requested by the membership that their request for retroactive pay increases be brought to Management and the Council. Mr. Flinn offered that this was an unusual request but the concerns of the membership makes this presentation mandatory at this time. MINUTES - 8 - August 18, 1987 City Manager Goss advised Council that, at the time the agreement was ratified, the members understood there would be no retroactive clause in exchange for a better percentage of salary increases. MSUC (Cox/Moore) to receive and file the request of the CVEA. (Councilmember Malcolm absent) Mayor Cox commented that the members of the Employees Association are worthy of this consideration but that criteria was set and presented to negotiators and that the action of Council is not punitive. Councilman Nader also remarked on his reluctance to agree with the motion but did so because of no knowledge to the contrary that the negotiators did not present the facts to the membership at the time of their ratification. JOINT MEETING OF THE CITY COUNCIL AND THE MEMBERS OF THE REDEVELOPMENT AGENCY At 9:03 p.m., City Council reconvened to a joint meeting of City Council and the Redevelopment Agency. The record will reflect that all Councilmembers and Redevelopment Agency Members were present to discuss the following. 7a. RESOLUTION 13202 APPROVING AMENDMENT OF SITE LEASE AND LEASE AGREEMENT WITH RESPECT TO TOWN CENTRE I PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $10,000,000 1987 SERIES B CERTIFICATES OF PARTICIPATION, AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES, APPROVING ASSIGNMENT OF INTERESTS BY IMPERIAL MUNICIPAL SERVICES GROUP AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION 7b. RESOLUTION 13203 APPROVING LEASE AGREEMENT AND OPERATING LEASE WITH HOMART DEVELOPMENT COMPANY RELATING TO TOWN CENTRE II PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $11,000,000 1987 SERIES A CERTIFICATES OF PARTICIPATION, AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION MINUTES - 9 - August 18, 1987 c. RESOLUTION 847 OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AMENDMENT OF SITE LEASE AND LEASE AGREEMENT WITH RESPECT TO TOWN CENTRE I PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENTS, ASSIGNMENT AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $10,000,000 1987 SERIES B CERTIFICATES OF PARTICIPATION AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES, APPROVING ASSIGNMENT OF INTEREST BY IMPERIAL MUNICIPAL SERVICES GROUP AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION d. RESOLUTION 848 OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SITE LEASE AND LEASE AGREEMENT RELATING TO TOWN CENTRE II PUBLIC PARKING PROJECT, APPROVING FORM OF TRUST AGREEMENT AND OFFICIAL STATEMENT RELATING TO THE NOT TO EXCEED $11,000,000 1987 SERIES A CERTIFICATES OF PARTICIPATION, AUTHORIZING AND DIRECTING SALE OF SUCH CERTIFICATES AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION The Redevelopment Agency and Homart Development Company, On April 30, 1987, entered into a Disposition and Development Agreement to develop and redevelop the Chula Vista Shopping Center. Of the $421,150,000 estimated cost of the project, $35,000,000 is to be invested by Homart and $7,150,000 by the City/Agency. City Council and Members of the Redevetopment Agency jointly recommended approval of the various agreements and legal documents and directed staff to complete the sale of Certificates of Participation. Lyman Christopher addressed Council stating this is a fairly complicated structure and gave the names of those at the meeting to answer possible questions relating to the sale of bonds, underwriting and legal questions. The rating on the bonds has not been received as yet. The sale of bonds and closing will follow and all should be completed by the end of September. Peter Ross, Dean Witter Reynolds, gave Council the position of the market which was portrayed as stable. THE FOUR RESOLUTIONS OFFERED BY MAYOR/CHAIRMAN COX the reading of the text was waived by unanimous consent, passed and approved. (Councilmember/Agency Member Malcolm absent) At 9:13 p.m., the joint meeting adjourned; and Councilmembers reconvened to the Council Meeting. MINUTES - 10 - August 18, 1987 8. RESOLUTION 13204 APPROVING THE STAFF RECOMMENDATION PRIORITY LISTING FOR EXPENDITURE OF ENVIRONMENTAL LICENSE PLATE GRANT Council authorized staff on August 5, 1986 to submit a grant application to the California Environmental Protection Program for matching funds for Nature Interpretive Center exhibit construction to match proposed Redevelopment Agency funding of $170,500. The current $150,000 grant cannot be used to reimburse the Agency for funds that have already been expended. State Coastal Conservancy staff has prepared a generic agenda item to allow the City an opportunity to provide further clarification on expenditure of grant funds. If the Environmental License Plate Grant funds cannot be expended for that purpose, the Agency or the Bayfront Conservancy Trust may need to provide funding for design of the new exhibits. Councilwoman McCandliss questioned whether the level of exhibits could be expanded to include the interest of adolescents and adults. Staff explained that the exhibits were specifically aimed at eighth grade level because most adults were not familiar with ecology, and at this point it is not the goal to be overly scientific. MSUC (Cox/Nader) to accept the staff report with the addition of Addendum #1 which includes item 16: - "Slide shows, films, and visitor information displays" for $15,000. (Councilmember Malcolm absent) 10. RESOLUTION 13205 APPROVING THE TEMPORARY RESTRICTION OF THROUGH TRAFFIC ON FIG AVENUE A July 27 public meeting was held to discuss alternatives for limiting through traffic on Fig Avenue and recommendations were agreed upon. Staff proposed traffic counts be taken on Fig Avenue both prior to and following the implementation of the temporary traffic barrier and the vacation of Fifth Avenue to determine whether the closure of Fig Avenue, as proposed, was an effective mitigation measure for the vacation of Fifth Avenue. Ray Sharpe, representative of the San Diego Trust and Savings, 440 H Street, acknowledged receipt of the file containing the mitigation report, and offered support of the staff recommendation. Staff submitted transparencies showing the location of the barrier and explained why the action was proposed. Councilmember Moore's concern centered on the alternative chosen by the residents which was not considered, and staff reported that, although 150 were invited, only 12 residents in the area attended one meeting of the two scheduled. Staff stated that on August 17 a letter was received from Dale Patterson, Property Officer of the Bank, addressing measures to be taken to indicate to traffic users that Fig Avenue is not a through street. MINUTES 11 - AugUSt 18, 1987 Councilmember Nader asked that note be made to give consideration to color and material of the proposed barrier to discourage graffiti. MSUC (Cox/McCandliss) to accept the staff recommendation. (Councilmember Malcolm absent) Hugh Christiansen, a frequent user of Fig Avenue, asked questions of how one would turn around to Exit Fig Avenue other than using the parking lots of either the Bank or San Diego Gas & Electric, and suggested another solution to accomplish the goal. It was decided that all issues would be examined before a permanent solution is reached. Ed Brody, 543 Fig Avenue, mentioned that a more permanent barrier should be chosen rather than a "chain" as proposed. 12. REPORT REGARDING A REQUEST TO INSTALL A CROSSWALK ACROSS THIRD AVENUE AT "D" STREET NEAR FREDERICKA MANOR (Continued from the Meeting of August 11) ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 25 MILES PER HOUR ON THIRD AVENUE BETWEEN "C" STREET AND "E" STREET - FIRST READING This item was continued from the meeting of August 11 for the purpose of having Council visit the site. Staff recommended no installation of the requested crosswalk and to adopt the ordinance to reduce the speed limit to 25 mph or to order the installation of all-way stop signs at "D" Street and Third Avenue. Councilmember Moore reported on his invitation by the ad hoc Fredericka Manor Safety Committee to attend meetings for additional information on the subject which revealed there is insufficient parking for staff at this site. It is the Councilman's opinion that the four way stop signs might help, but statistics from staff reveal that they do not help much. Councilmember McCandliss reiterated her experience of the traffic conditions at this site, and recommended signalization as the solution. Discussion of the area by Council included the use of a caution light, hospital zone signs and painted warnings on the pavement. MSC (Cox/Nader) to approve the staff's recommendation to install the all-way stop signs at the intersection of Third Avenue and "D" Street. Councilmember Moore suggested an inclusion to the motion, to which Mayor Cox agreed: to put some markings on the street, possibly Hospital Zone or other appropriate verbage to indicate the approaching stop signs. (Councilwoman McCandliss voted no; Councilman Malcolm absent) MINUTES - 12 August 18, 1987 Councilwoman McCandliss voted against the motion because of her feeling that a fatal accident may occur in the crosswalk and feels the flashers should remain for longer than 2 weeks, which suggestion was accepted by staff, who will return to Council in thirty days or less with a report. 13. REPORT REQUEST FOR FUNDING FOR PARTICIPATION IN THE IRON MAN TRIATHLON IN HAWAII, Firefighter John Bates. (Continued from Meeting of August 11) On June 16th Council designated John Bates as the City's representative based on staff's recommendation that the City could benefit from possible publicity since the Triathlon is televised nationally. Staff recommended Council not approve the request for funding because his status as a City employee would set a precedent. Firefighter John Bates, 15415 St. Lucy Lane, E1 Cajon, addressed Council and reported on the donations received from various organizations to include the Nishiki Bike Shop, Kiwanis, the Firefighters' Union, and a Bingo Bus which he organized himself. The original $1200 requested has now been revised, and the present request is for funding of $275.00. Mr. Bates announced that he will wear the City of Chula Vista's name with pride on his shirt whether funded or not, and explained how he has been invited to speak before school children as a model of what someone can accomplish if they try. M (Nader) to fund Mr. Bates with the requested $275. Councilwoman McCandliss disagreed stating that it is not an appropriate use of City money and suggested appealing to local businesses. Mr. McRann representing Cox Cable, was in the audience for another item and approached the Council to offer his firm's donation of $275.00 to fund Mr. Bates. Councilmembers Moore, Nader and Mayor Cox also added to the fund. Firefighter Bates gratefully accepted and the Mayor gave appreciation to all who have supported this effort. MSC (Cox/Moore) to accept the staff report. (Councilman Nader voted no; Councilman Malcolm absent) 14. REPORT ON THE LIBRARY WATER FEATURE In September 1986, Council rejected all bids for an extensive library water feature at the west end of the library and accepted a recommendation from the Library Board in December of that year. MINUTES 13 - August 18, 1987 Councilwoman McCandliss referred to the diagram in the packet and questioned the trees; it was explained that all Eucalyptus trees will remain and the ficus trees will be removed. Also explained was that the light fixture will be replaced and recessed so as not to be exposed to damage. Councilman Nader reiterated the history of this item expressing his opposition to the project. MSC (Cox/Moore)) to approve the staff recommendation that the water feature at the Library be a small Espana fountain with surrounding plantings. (Councilmember Nader voted no; Councilmember Malcolm was absent.) 9. REPORT OF THE CITY MANAGER a. The Referrals list includes the deletion list for Council Referrals. b. The Montgomery Community area meeting and items of concern were addressed: 1. The timing of the completion of kitchen improvements for the Lauderbach Community Center; a time schedule was distributed to Council; 2. The eviction of the tenant operating an illegal business in the area (1100 block of Fifth Avenue) will be accomplished this week. All concerned parties were duly notified; 3. Job announcements in the Lauderbach Center have been posted ever since the annexation occurred; and also posted at the Otay Center; and it is planned to post the item of the two signal issues on the next Council Agenda as indicated. Mayor Cox added the General Plan drafts are available through the City's Libraries, and suggested copies also be made available to the Lauderbach and Otay Centers. c. A need to discuss instructions to negotiators relative to unrepresented employees. MSUC (Nader/McCandliss) to recess to Closed Session at the close of the business meeting to discuss instructions to negotiators pursuant to Government Code Section 54947.6. (Councilmember Malcolm absent) 20. MAYOR'S REPORT Mayor Cox acknowledged a letter received from Frank A. Scott, 4 E. San Miguel Drive, questioning Councilmember Malcolm's participation in discussions related to the Chula Vista Bayfront because of a possible conflict of interest: Councilman Malcolm has put in a bid to purchase Fishermen's Village in San Diego. MINUTES - 14 August 18, 1987 MSUC (Cox/Moore) to acknowledge the letter from Frank Scott and to refer to the City Attorney for response. (Councilmember Malcolm absent) 21. COUNCIL COMMENTS COUNCILMAN MCCANDLISS: Adler Project letters were addressed relative to fire sprinklers, and a request was directed to staff for explanation. COUNCILMAN MOORE: Discussion centered on the Planning Commission Minutes as they referred to problems regarding the southbound 805/Bonita Road ramps; service for handicapped individuals at gas stations and specifically who would notice the gas station operators; the problem with getting routine reports from the Water Quality Control Board. Regarding the latter, the City Manager has set up a system to receive the reports. COUNCILMAN NADER: Reference was made to the posting of job notices at the three Community Centers in the Woodlawn area. City Manager stated his intent to do this plus at the Post Office. A request was made of staff for a status report relative to the median strip on East J Street. DEPUTY CITY MANAGER MORRIS for COUNCILMAN MALCOLM (absent): In lieu of Councilman Malcolm's comments, Deputy City Manager Morris requested opposition to Assembly Bill 2191 (Chacon) since it would mandate district elections for school districts which could lead to a mandate for council districts; and support SB 144 which would make available funding to cities for removal of abandoned vehicles. MSUC (Cox/Moore) to approve the staff recommendation for opposition to AB 2191; and support of SB 144. (Councilmember Malcolm absent) At 10: 40 p.m., City Council recess to Closed Session. The City Clerk was excused and the City Manager reported the session ended at 11:10 p.m. ADJOURNMENT AT 11:10 p.m. to the regular meeting of August 25, 1987 at 7 p.m. ~EN~E M. , City Clerk une Deputy City Clerk