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HomeMy WebLinkAboutcc min 1987/09/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 1, 1987 Council Chamber 4:00 p.m. Public Services Building ROLL CALL COUNCILMEMBERS PRESENT: Nader, Moore, Mayor Cox, McCandliss (who arrived at 4:20 p.m.), and Malcolm COUNCILMEMBERS 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/Cox) to approve Minutes for the meeting of August 25, 1987. (Councilmember Malcolm abstained; Councilwoman McCandliss out) 2. SPECIAL ORDERS OF THE DAY MS. Quentin Stokes, 1543 Max Avenue, as an individual and for the citizens thanked the Council for the POPS Concert on Sunday, August 30th, and expressed hopes the event will be continued in the future. CONSENT CALENDAR (3a - 19) MSC (Malcolm/Moore) to approve the items on the Consent Calendar with the exceptions of items 3c, 3d, 4, 13, 15, 16. (Councilman Malcolm abstained on item 17 and Councilwoman McCandliss out) 3. WRITTEN COMMUNICATIONS a. REQUEST TO SERVE ADDITIONAL FOUR YEAR TERM ON PARKS AND RECREATION COMMISSION - Robert Strahl, Chairman of the Parks and Recreation Commission DELETED Mr. Strahl was reappointed to a second term on June 9, 1987. b. REQUEST TO SERVE ADDITIONAL FOUR YEAR TERM ON LIBRARY BOARD - Suzanne Miller Council acknowledged the letter from Ms. Miller, whose term expired on June 30, 1987. The request will be considered at the same time as consideration of other applicants for the position. The City Clerk has posted the vacancy with a deadline for submission of applications on September 8, 1987. MINUTES ' 2 September 1, 1987 c. RESIGNATION FROM MONTGOMERY PLANNING COMMITTEE DISTRICT - Ben G. Patton, 44 Third Avenue, Suite E, Chula Vista. Pulled from the Consent Agenda. d. REQUEST FOR AMENDMENT TO CITY OF CHULA VISTA ORDINANCE 2163 TO EFFECTIVELY ADDRESS NEW RULES AND REGULATIONS FOR TRAILER PARKS - Rev. R. C. Flaugher, Chairman of Mobile Association PAC Pulled from the Consent Agenda. e. REQUEST FOR ASSISTANCE FOR STREET IMPROVEMENTS CURBS, SIDEWALKS, ETC. (EMERSON STREET ASSESSMENT DISTRICT) - Catherine Everitt, 469 Emerson St., Chula Vista 92011 In consideration of the petition request representing 100% of the property owners, Council directed staff to begin processing an Assessment District and to evaluate the applicability of a Neighborhood Revitalization Program to finance all or part of these improvements once that program is developed. f. CLAIMS AGAINST THE CITY - Magdalena de Jimenez Nakey and Maria de Jesus Nakey, c/o 721 Third Avenue, Chula Vista 92011 The amended claim of two people was denied by Council. The City has neither jurisdiction nor control over transit complaints. g. REQUEST TO ELIMINATE ODOR AT BAYFRONT SOUTHWEST OF THE R.V. PARK - Mrs. D. B. Stern, 19 Sixpence Way, Coronado 92118 Council directed staff return with a report. 4. REPORT REGARDING THE TRAFFIC SIGNAL FUND FOR TRAFFIC SIGNAL INSTALLATION AT PALOMAR STREET AND SECOND AVENUE (Continued from meeting of August 25, 1987) a. RESOLUTION APPROPRIATING $5,000 FOR TRAFFIC SIGNAL DESIGN AT PALOMAR STREET AND SECOND AVENUE b. RESOLUTION APPROPRIATING $35,000 FROM TRAFFIC SIGNAL FUND AND $45,000 FROM UNAPPROPRIATED BLOCK GRANT FUND FOR DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL AT PALOMAR STREET AND SECOND AVENUE Pulled from the Consent Agenda. 5. RESOLUTION 13225 APPROVING EXTENSION OF CONTRACT TIME FOR THE TRAFFIC SIGNAL MODIFICATIONS AT THIRD AVENUE/"E" STREET AND FOURTH AVENUE /"E" STREET Select Electric Inc. was granted an extension to October 20, 1987. MINUTES ' 3 ' September 1, 1987 6. RESOLUTION 13226 ACCEPTING BIDS AND AWARDING CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS ON BONITA ROAD AT 1-805 SOUTHBOUND RAMPS, ISLAND RECONSTRUCTION AND RESTRIPING OF THE TRAFFIC LANES IN THE CITY OF CHULA VISTA, CALIFORNIA AND APPROPRIATING $57,000 FROM THE GENERAL FUND TO COVER THE ABOVE CONSTRUCTION CONTRACT AMOUNT IN FULL AS A LOAN Council award the contract to the low bidder, Steiny and Company, in the amount of $113,217. 7. RESOLUTION 13227 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS TO PAY THE ESTIMATED COST OF THE NOVEMBER 3, 1987 CONSOLIDATED MUNICIPAL ELECTION The estimated cost of the election is now $41,525 based on 55,000 registered voters. 8. RESOLUTION 13228 APPROVING WITHDRAWAL OF TERRITORY IN THE CITY OF CHULA VISTA FROM COUNTY LIGHTING MAINTENANCE DISTRICTS AND AUTHORIZING PROPERTY TAX EXCHANGE The withdrawal of four parcels within the City of Chula Vista will result in a property tax transfer and additional revenue to the City of approximately $220 annually. 9. RESOLUTION 13229 APPROVING "REPORT" AND AUTHORIZING PUBLIC HEARING On September 16, 1986, Council held a public hearing on the 1911 Block Act Phase XVII Cash Contract pursuant to Chapter 27 of the "Improvement Act of 1911." Parcels have been identified by assessment number with a description of the new improvements to be installed. Of the 18 parcels involved in the district, four of them chose to install their own improvements. Council directed staff to schedule a public hearing to be held on September 22. 10. REPORT ON CHULA VISTA TRANSIT (CVT) ROUTE 708 SERVICE TO THE NATURE INTERPRETIVE CENTER RESOLUTION 13230 APPROPRIATING FUNDS FOR FARE SUBSIDY ON CVT ROUTE 708 Council accepted the report. MINUTES ' 4 ' September 1, 1987 11. RESOLUTION 13231 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ANTHONY J. LETTIERI AND McMILLAN DEVELOPMENT COMPANY, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR RANCHO DEL REY SPECIFIC PLANNING AREA PLAN All costs will be paid by the applicant and Council authorized the Mayor to sign on behalf of the City Council. 12. ORDINANCE 2226 AMENDING SECTION 2.04,020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME FOR REGULAR MEETINGS OF THE CITY COUNCIL - SECOND READING AND ADOPTION The amendment will enable Council to hold closed sessions prior to rather than following the public meeting. 13. ORDINANCE 2227 AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE MOBILEHOME PARK SPACE RENT MEDIATION - SECOND READING AND ADOPTION Pulled from the Consent Agenda. 14. ORDINANCE 2228 AMENDING CHAPTER 19.60 OF THE CHULA VISTA MUNICIPAL RELATING TO POLITICAL SIGNS - SECOND READING AND ADOPTION The amendment to the Code clarifies the existing ordinance prohibiting the posting of political signs on public property. 15. URGENCY ORDINANCE TO PLACE A MORATORIUM PROHIBITING ESTABLISHMENT OF CARDROOMS WITHIN THE MONTGOMERY ANNEXATION AREA PENDING ADOPTION OF THE MONTGOMERY SPECIFIC PLAN - PCM 88-9 -FIRST READING & ADOPTION Pulled from the Consent Agenda. 16. REPORT ON DESIGN AND COLOR SCHEME FOR SCOOT TRACKLESS TROLLEYS Pulled from the Consent Agenda. 17. REPORT REGARDING WRITTEN COMMUNICATION FROM FRANK SCOTT QUESTIONING COUNCILMAN MALCOLM'S PARTICIPATION IN DISCUSSIONS AT THE BAYFRONT The Fair Political Practices Commission advised the Political Reform Act does not require Councilman Malcolm to abstain from participation. MINUTES ' 5 ' September 1, 1987 18. REPORT REGARDING WRITTEN COMMUNICATION FROM MR. MANNY ADLER, 45 NORTH FOURTH AVENUE, CHULA VISTA, CA 92010, REQUESTING INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NORTH FOURTH AVENUE AND BRISBANE STREET (Director of Public Works/City Engineer) Council accepted the report. No installation of a traffic signal will be made at this intersection. 19. REPORT REGARDING WRITTEN COMMUNICATION REQUEST FOR PEDESTRIAN CROSSWALK OR SIMILAR TRAFFIC SAFETY AT THE INTERSECTION OF JEFFERSON AND "E" STREETS (EDMUNDO LEON, 184 BROADWAY, #50, CHULA VISTA, CA 92010) (Director of Public Works/City Engineer) Council accepted the report. No crosswalk will be installed at the intersection. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 20. PUBLIC HEARING VARIANCE ZAV-88-2: REQUEST TO RETAIN EXISTING LOT COVERAGE OF 46.2% AT 165 MURRAY STREET - J. ANTHONY RASO RESOLUTION DENYING VARIANCE ZAV-88-2 Staff restated some of the history relative to this item, recommended Council deny the variance. An alternate, which is not recommended, would be to require that the second story deck be removed including access thereto in consideration of a lot coverage excess as applied for. The circumstance of the attic would need to be addressed as well or new findings brought back on September 8, 1987. (At 4:20 p.m., Councilwoman McCandliss took her seat.) Director of Planning George Krempl reported on petitions received, one of which was in opposition of this project and signed by 34 residents and another was in favor and signed by 34 residents. A letter was received from Mr. and Mrs. Truesdale opposing the variance; and the Director took exception to the letter received by Mr. Raso concerning the sequence of events. Len Hansell of the Building Department inspected the house on August 26th and found that, as directed, the 2 fireplaces were removed although the framing and the chimneys remain; the plumbing lines remain in this area and the doors have been removed and openings closed. Mr. Raso did file an application for a variance. MINUTES 6 September 1, 1987 This being the time and place as advertised, Mayor Cox declared the public hearing open. Applicant Joe Raso, 165 Murray Street, restated his willingness to work with staff as always, his incorporation of the ideas of City staff for modifications, his determination to have the house built according to the approved plans. In an effort to solve the problem of excessive lot coverage, the applicant considered putting a hole in the roof over the pool as well as staff's recommendation to lower the house to 30'. Mr. Raso reported this could not be accomplished as the architect would not agree to being placed on a budget. The plumbing in the attic was not removed as requested, as the installation was approved by the Building Inspector and Mr. Raso believes the City should pay for the removal if desired. Kitty Raso, 158 Murray Street, stated frustration over several incidents and asked for a final decision to complete this project. Lynn Pankhurst, 171 Palomar, spoke in favor of the completion of this house. The South Bay Republican Woman's Club conducted a tour of the Raso house, and Ms. Pankhurst reported on the attributes of the house and the lack of infringement on the neighbors. Each Councilmember was presented with a ticket to tour the house for confirmation of her statements. Others who spoke in opposition to the project were Helen T. Wadsworth, 175 Murray Street, who played a tape of the Planning Commission meeting at which a motion was made to force the applicant to comply or be cited; Mr. Bud Pucklington, 656 Glover Place, who spoke in opposition stating the structure caused a loss of value to neighbors' homes and that Mr. Raso has broken the law; J. R. Norman 908 Mission Avenue, who asked that Council deny the variance recalled an issue of another citizen who was forced to comply which compliance caused bankruptcy; and Marion Truesdale, 185 Murray Street, questioned if the changes made in the attic are permanent changes and if the plumbing was actually approved in the attic. (This approval was confirmed by a copy of the approved Inspection Report presented to Council by Mr. Raso.) Lois Myers, 162 Halsey Street, stated that the property values were lowered, and that, while taking a tour of the house, she could see clearly into her home. There being no others to speak for or against this issue, the Mayor declared the public hearing closed. Councilmembers discussed the options and the negligible effect some might have on the neighbors' complaints. Among the conditions imposed on June 17, 1986 were the lowering of the roof to 30' (the applicant lowered to its current height of 35'); review by Design Review was never accomplished as the Board required the applicant to hire a professional architect, which requirement was previously addressed by Mr. Raso in his presentation. Staff reminded that the City Ordinance change for maximum roof height of 28' does not apply to the applicant as his building permit was "grandfathered." MINUTES - 7 - September 1, 1987 Mayor Cox summed up the issue as presented by all parties and expressed dual responsibilities for the errors on both sides, and suggested going with staff's alternative to grant the variance only on the condition that the deck be removed including the access, and to tie into the variance that, if ever violated, consequences would be applicable. MS (Cox/Nader) to refer the item back to staff to prepare the findings necessary in order to grant the variance with specific conditions attached. Councilwoman McCandliss reminded Council of some acknowledged level of responsibility, but the conditions given have not been met; and Councilman Malcolm stated his preference to go back to the original variance and require the roof to be lowered. AMENDMENT TO THE MOTION M (Nader) to include the condition that the height be reduced to 30'. The City Attorney advised that Council direction need not specify conditions if the variance is denied. The applicant then is free to meet the requirements in any way legal way he chooses. MOTION RESTATED MSC (Cox/Nader) to direct staff to bring back a variance with the findings necessary and with specific requirements dealing with the second story deck being removed and the access being permanently removed and other items being accomplished to the exterior and in the ceiling attic, as referred to by Director Krempl, to be completed within 45 days. (Councilmembers McCandliss and Malcolm voted no.) When questioned, Mr. Raso confirmed he had no problem with lowering the house to 30'. Councilman Malcolm also queltioned, dependent upon agreement by Council and with consideration of the cost, if Mr. Raso would take the money that he would have to spend to open up the roof over the pool and use that money to lower the roof, if the City would pay the balance of the cost. After questioning of several neighbors of this property and agreement stated by a neighbor, Dan Wall, it was the consensus that a meeting would be held with Mr. Raso by the neighbors in an effort to arrive at a solution before the September 8, 1987 meeting of the Council. M (Moore) to direct staff to inspect all sites in the future and, if necessary, measure the plans for possible major increase in footprint in family residences. Councilwoman McCandliss recalled a previous motion to this effect and Planning Director Krempl stated that this is being done at the present time stating that the permit is issued by Building and Housing Department after approval by the Engineering, Planning and Fire Departments. Councilman Moore withdrew his motion. MINUTES ' 8 ' September 1, 1987 21. ORAL COMMUNICATIONS a. Sergio Pereira, 491 Quail Court, addressed Council to explain how he is personally remodeling his home in a piece-meal fashion. He is now preparing to add a bedroom, and after paying $1400 to $1600 in permits, he finds he is also obligated to pay approximately $2,000 for a street light and $1,000 for a sidewalk to accommodate a wheelchair. Mr. Sergio considers this an "overload". MSUC (Cox/Malcolm) that this issue be referred to staff to report back to the Council Meeting following the 7:00 p.m. Redevelopment Meeting on Thursday, September 3, 1987. b. Community Development Director Desrochers introduced a visiting group of gentlemen from Japan studying urban problems, particularly redevelopment throughout the State, and dropped by to observe the City Council Meeting. c. Mr. and Mrs. Sutton, 144 Twin Oak Circle, similarly reported that they are being assessed $2,900 for a street light and sidewalk although other remodeled homes in the area have not been assessed. Council discussed this item with staff and was informed that the Suttons were given the process to be followed, which included the deferral secured by cash, or a lien contract which would have to be approved by the Council. The Suttons have been told that the improvements had to be secured but that they could go to the Planning Department to apply for a waiver. Councilman Malcolm suggested this item be brought back to Council for a discussion of the lien contract at the same time as the discussion for Mr. Pereira following the Redevelopment meeting on Thursday, September 3, 1987. d. Lynn Pankhurst, 171 Palomar, questioned staff's recommendation for item 3d on the Consent Calendar and her desire to see this project completed with the street going from 5th to 4th. The Mayor explained that this could be considered by staff when they next make a report. e. Paul L. Greene, Sr. 141 Lotus Drive, questioned and was advised that his residence is not included in the territory referenced in Resolution 13228; and informed that approval of the Minutes was for accuracy of the record and not for the content. PULLED ITEMS - 3c, 3d, 4, 13, 15, 16 3c. RESIGNATION FROM MONTGOMERY PLANNING COMMITTEE DISTRICT - Ben G. Patton, 44 Third Avenue, Suite E, Chula Vista. MINUTES 9 ' September 1, 1987 Councilman Nader pulled the item to reflect on Mr. Patton's erroneous belief that he "must" resign since he no longer is a resident of the area. The City Attorney confirmed that there was an amendment to the ordinance for the formation of the Committee to state the slated candidates be composed of "electors" of the area, requirement section states that one be an elector of the Community Planning area "at the time of appointment". MSUC (Nader/Cox) to defer acceptance of Mr. Patton's resignation; to direct the City Clerk to contact Mr. Patton to advise him of the City Attorney's opinion and ascertain whether he still wishes to serve; and to bring the item back on September 8, 1987. d. REQUEST FOR AMENDMENT TO CITY OF CHULA VISTA ORDINANCE 2163 TO EFFECTIVELY ADDRESS NEW RULES AND REGULATIONS FOR TRAILER PARKS - Rev. R. C. Flaugher, Chairman of Mobile Association PAC R. C. Flaugher informed Council that many of the problems referred to in his letter relative to Lloyds Mobilehome Park have been resolved. MSUC (Cox/Malcolm) to accept staff's recommendation to report back on September 8th. 4. REPORT REGARDING THE TRAFFIC SIGNAL FUND FOR TRAFFIC SIGNAL INSTALLATION AT PALOMAR STREET AND SECOND AVENUE (Continued from meeting of August 25, 1987) a. RESOLUTION APPROPRIATING $5,000 FOR TRAFFIC SIGNAL DESIGN AT PALOMAR STREET AND SECOND AVENUE b. RESOLUTION 13232 APPROPRIATING $35,000 FROM TRAFFIC SIGNAL FUND AND $45,000 FROM UNAPPROPRIATED BLOCK GRANT FUND FOR DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL AT PALOMAR STREET AND SECOND AVENUE Alternate I: If only $5,000 is appropriated for design, funds are available in the Traffic Signal Fund. Construction costs would be funded in the 1988-89 CIP from the Traffic Signal Fund in the amount of $75,000 to $80,000. Alternate II: $35,000 is currently available in the Traffic Signal Fund. Unappropriated Block Grant Funds in the amount of $45,000 is also available. Annual energy and maintenance costs are estimated at $4,000. Lynn Pankhurst, 171 Palomar, questioned the appropriation, the time frame and expressed her choice of Re lution (a). MINUTES 10 - September 1, 1987 RESOLUTION (a) OFFERED AND READ BY MAYOR COX. Staff provided a visual to advise of the present sequence on the priority list, and Councilmembers discussed the effect of this item relative to the priority list. SUBSTITUTE MOTION RESOLUTION (b) OFFERED BY COUNCILMAN NADER, read by Mayor Cox, passed and approved. (Mayor Cox voted no.) The 4/5 vote is necessary for an appropriation was approved for full funding of the traffic signal. 13. ORDINANCE 2227 AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE MOBILEHOME PARK SPACE RENT MEDIATION - SECOND READING AND ADOPTION The amendment to Section 9.50.070 clarifies that Chapter 9.50 is applicable to mobilehome spaces when vacated; and addition of Section 9.50.015 extends protection of Chapter 9.50 to recreational vehicle residents in mobilehome parks providing they have physically occupied their space for nine or more consecutive months. R. C. Flaugher, 1100 Industrial Boulevard, restated his concerns expressed at previous meetings relative to the requirement of nine months residency before protection is granted and the fact that this requirement falls upon those who are in the lower income bracket. Mr. Flaugher requested Council reconsider this requirement. Councilmembers addressed Mr. Flaugher's concerns and those of the Mobilehome Issues Committee, plus the goal of staff toward the same protection for all residents in the Parks regardless of the size of the home. Mary Frances Click, stated agreement with the changes to the Municipal Code as proposed in this ordinance and requested acceptance this evening. MSUC (Cox/Moore) that the Ordinance, read by title be placed on second reading and adopted, passed and approved. MSUC (Malcolm/Nader) to refer Mr. Flaugher's letter to the Mobilehome Issues Committee for tighten the requirements for those legitimate mobilehome residents to provide protection from day one. Councilmembers agreed in concept and discussed the issues and how they applied to vacationers and those who have been forced to move from closed parks. Staff's original recommendation was that recreational vehicles be covered from day one as long as they did not have a form of rental agreement restricting them and, at the same time, the language excluded the KOA Campground and the Chula Vista Marina RV Park. MINUTES - 11 - September 1, 1987 15. URGENCY ORDINANCE 2229 TO PLACE A MORATORIUM PROHIBITING ESTABLISHMENT OF CARDROOMS WITHIN THE MONTGOMERY ANNEXATION AREA PENDING ADOPTION OF THE MONTGOMERY SPECIFIC PLAN - PCM 88-9 -FIRST READING & ADOPTION Staff recommends a 90 day moratorium and the holding of a public hearing at the end of this period to consider extension of the moratorium until implementation of the Montgomery Specific Plan. The immediate concern is not whether or not a cardroom might be reasonably located within the Montgomery area, but the lack of appropriate planning and zoning review mechanisms in place at this time. Fran Burger, 3631 Putter Drive, stated opposition to the ordinance. He and an associate purchased property, which is in escrow, at Moss and Broadway for the purpose of establishing a cardroom. The parking has been resolved, Mr. Burger anticipates transferring his license to this parcel and all legal requirements have been met under the City of Chula Vista's ordinance. The Montgomery Area is now attempting to stop his plans according to a County ordinance. Assistant City Attorney Rudolph advised of Section 502.150 applicable to all licenses which allows a change of location upon the payment of the sum of $5.00 and upon the approval of the Director of Planning. It would not be unlawful for the Director of Planning to grant his approval without an ordinance, if requested by the applicant, with his statement that he would abide by all the rules as applicable to the property if it were in the old City of Chula Vista, or if Council decides to pass the ordinance, an exception to allow the location of cardrooms in that area under whatever conditions specified could be inserted as long as reasonable. Mr. Burger restated his search for acceptable property for his business and that he will abide by the rules and conditions of the Chula Vista ordinances and request that this business be eliminated from the moratorium. Montgomery is holding a public hearing on the Montgomery Specific Plan on September 2, and Councilman Nader suggested an alternate for the applicant go through the Montgomery Planning Committee rather than be subject to a moratorium. MSC (Nader/McCandliss) to amend the ordinance to provide an exemption from the moratorium for an applicant who obtains an approval from the Montgomery Planning Committee. (Councilman Malcolm abstained.) MINUTES - 12 - September 1, 1987 The effect was confirmed that there would be three bodies making the decision, the Montgomery Planning Committee, the Planning Commission and the City Council. The Planning Director stated the motion addresses the concern for an adequate review process. The transfer presently requires no review whatsoever and with the amendment the application for a use permit would be processed. URGENCY ORDINANCE, AS AMENDED, OFFERED BY MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. REPORT ON DESIGN AND COLOR SCHEME FOR SCOOT TRACKLESS TROLLEYS The Transit Coordinator gave a presentation on the two choices of the subcommittee, Councilmembers Moore and McCandliss, on the recommended design and color scheme for the South Coast Organization Operating Transit (SCOOT) Trackless Trolleys. Mr. Gustafson described the two colors with the coordinating wood trim, the paneling preferred and the use of the City's logo on the side of the Trolley as well as the etched logoon the cupola windows. It was the unanimous recommendation of the subcommittee to go with the red with ash trim. MSUC (Cox/Moore) to accept the recommendation of the Subcommittee. Director of Management Services Thomson stated that the policy for the logo states consistency, and the recommendation of the use of one color rather than multicolored. MSUC (Cox/Moore) to make the logo for the trolley all one color and that the color be gold. 22. REPORT OF THE. CITY MANAGER a. City Manager Goss recommended that Council go into closed session to discuss Evergreen vs. the City of Chula Vista. MSUC (Cox/Moore) to recess into Closed Session following this meeting. b. Staff investigated the sewage odor problem at the Bayfront, and found a storm drain pipe that needs to be flushed. This was referred to the Port District as it is under their jurisdiction. 23. MAYOR'S REPORT a. Mayor Cox thanked Councilman Moore for the time he gave for interviews on this item, resulting in the following appointments. MINUTES ' 13 ' September 1, 1987 Commission on Aging Linda Gilstrap and Gregory Hitchcock, and reappointment of Mary Jean diRienzo Human Relations Commission Harry Hashimoto , and Patrick Howell; Board of Appeals Myrl McArthur Resource Conservation Wilbur Young and Charles Wendorf International Friendship Teresa Ann Thomas MSUC (Cox/Malcolm) to ratify the appointments. b. Mayor Cox requested a date to be set for interviews for the Planning Commission vacancy, the Montgomery Planning Committee Member two vacancies, and the reappointment or replacement of Member of Library Board of Trustees. There was an erroneous assumption that this member was not eligible for appointment which should be addressed. The date for interviews has been set for Monday, September 14th at 5:30 p.m., and the City Clerk is directed to notice this date. 24. COUNCIL COMMENTS COUNCILMAN NADER: c. RESOLUTION 13233 SUPPORTING THE IMPOSITION OF THE PENALTY OF LIFE IMPRISONMENT FOR THOSE CONVICTED OF SELLING DEADLY DRUGS FOR PROFIT (Deputy City Manager) RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved unanimously for submission to the Resolutions Committee of the League of California Cities at their annual meeting. COUNCILMAN MALCOLM: d. Report of the Legislative Committee relative to Legislative Items impacting the 1987 Legislative Program: AB 768 (Floyd) Crimes: Firearms Councilman Malcolm reported this bill died in Committee and the Council will be updated next year when it again is considered. At 7:30 p.m., the Council recessed to Closed Session to discuss Evergreen v. Chula Vista and Potential Litigation. ADJOURNMENT AT 7:45 p.m. to the adjourned meeting of September 3, 1987 following the 4:00 p.m. Redevelopment Agency Meeting, and to the regular meeting of September 8, 1987 at 7 p.m. and to the Council tour on Saturday, September 12 at 8 a.m. _tune, Deputy City Clerk