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HomeMy WebLinkAboutcc min 1985/06/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, 7:00 p.m. June 25, 1985 ROLL CALL COUNCILMEMBERS PRESENT: Mayor Cox, Councilmembers Malcolm, McCandliss, Scott, Moore COUNCILMEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus 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 of the meetings of May 30, June 10 and June 18, 1985 Councilwoman McCandliss noted on the minutes of June 18, page 10, Councilman Scott abstained from voting because of a conflict of interest due to one of his clients contributing $250,000. This should be corrected to read $250. Mayor Cox commented on the minutes of May 30, page 6, regarding the proposal for the water feature that Councilman Moore did not second the motion. The minutes should be corrected to read Councilman Scott made the motion and Mayor Cox seconded it. 2. SPECIAL ORDERS OF THE DAY (None) 3. WRITTEN COMMUNICATIONS a. REQUEST FOR COUNCIL SPONSORSHIP FOR STACEY FREEMAN TO PARTICIPATE IN THE ALL-STAR TEAM FROM THE UNITED STATES TO COMPETE WITH OTHER NATIONS (International Sports Exchange) The women's softball team will compete in the International Sports Exchange's program this summer in Taiwan. Players include pitcher Stacey Freeman, a sophomore from Chula Vista. All players are required to pay their own air fare, lodging, ground transportation and meals; cost of the trip is about $1,500 per person. The City Manager's recommendation is that unless the Council desires to establish a fund and a policy to support these types of requests, this and similar requests be acknowledged, individually supported if so desired by that individual, but formally filed by the City. MSUC Malcolm/McCandliss) to move for the staff recommendation. City Council Meeting - 2 - June 25, 1985 b. REQUEST LOBBYING SUPPORT OF SB75 REGARDING LIABILITY JUDGEMENTS (DEEP POCKETS) (Phyllis Jackson, Palm Desert Councilmember) "Deep Pockets" basically says that if a person is suing for damages including a public entity and the primary person being sued cannot come up with the money; the public entity is liable no matter what their exposure. The City of Palm Desert urged Council to write all Assemblymen; let citizens know and encouraged them to write or call their elected State representatives; contact insurance agents and ask what is being done to lobby in support of this bill and to ask each City Attorney what his division of the League is doing to help get this bill through. MSUC (Moore/Cox) to send a follow up letter and in that letter include a package of action that Council proposed and editorials that have been accumulated to members of the Assembly and the Judiciary Committee. c. REQUEST FOR COUNCIL ACTION REGARDING PIGEON PROBLEM (250 San Miguel Drive) (Scott Hollenbeck) Mr. Hollenbeck requested Council to investigate the condition of the sidewalk as to pigeon droppings by the pigeons who roost in the palm tree at 250 San Miguel Drive owned by Mr. Goodwin. MSUC (McCandliss/Malcolm) that this be referred to staff. City Manager Goss noted staff has worked with Mr. Hollenbeck in supplying traps and some pigeons were caught. Mr. Hollenbeck returned the traps about a week ago indicating he was working this problem out with the neighbor across the street, owner of the tree the pigeons like to roost in. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING CHULA VISTA TOWN CENTRE NO. 1 LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 1985-86 (Director of Public Works/City Engineer) a. RESOLUTION 12055 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED MAY 30, 1985 PREPARED PURSUANT TO RESOLUTION NO. 12026 APPROVED PURSUANT TO RESOLUTION NO. 12034 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT: ORDERING City Council Meeting - 3 - June 25, 1985 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, 1985; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, 1986 CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1985-86 This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Public Works/City Engineer Lippitt explained that 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 last year. The Director of Public Works/City Engineer has prepared the Engineer's Report spreading the subject assessments. At its meeting held on June 4, Council accepted this report and set June 25 as the date for the public hearing. Mr. Lippitt noted the assessments have been reduced this year to 8.5% for each parcel. Councilwoman McCandliss questioned the reduction in the estimate of other equipment which showed $1,300 in 1984-85 and $100 in 1985-86. Mr. Lippitt stated the other equipment included replacement for lighting fixtures as well as miscellenaous expenses to repair benches, etc.; however, this is just an estimate. There being no further comments either for or against, the public hearing was declared closed. At the concurrence of Council, Mayor Cox reopened the public hearing for Mr. Tom Money to speak at this time. Tom Money, 355 Third Avenue, Chula Vista, questioned if the district was being expanded would overall cost for each individual be decreased. Mr. Lippitt explained that the district had been expanded over the years as improvements went in. At this point, there is no expansion of the district. The operating budget went up 5% but because of the prior bills and loans, etc., actual assessments went down 8.5%. I' I r City Council Meeting - 4 - June 25, 1985 There being no further comments either for or against, Mayor Cox closed the public hearing. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 5. PUBLIC HEARING BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR FISCAL YEAR 1985-86 (Director of Public Works/City Engineer) a. RESOLUTION 12056 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED MAY 30, 1985 PREPARED PURSUANT TO RESOLUTION NO. 12025 APPROVED PURSUANT TO RESOLUTION NO. 12039 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, 1985; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, ~ 1986 CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1985-86 This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Public Works/City Engineer Lippitt explained that the Bay Boulevard Street Lighting and Landscape Maintenance District was formed in 1982 after street lighting and landscaping improvements were made along Bay Boulevard between "E" and Streets. Since that time, the Bayfront Park has been completed and the maintenance costs are included in the proposed assessments. There are four properties within this district. Three are developed (Anthony's, Days Inn, and E1 Torito). The assessments for FY 85-86 are proposed to increase about 10% on all four properties. Council discussion ensued in regard to no money having being budgeted for trash collection in 1984-85 and if a new assessment had been made on that district for 1985-86 - City Engineer Lippitt explained there are some trash facilities being put in the park. This had been budgeted by the landscape architect and no City Council Meeting - 5 June 25, 1985 formalized trash collection has been budgeted prior to this year. In answer to Councilman Moore's question, Mr. Lippitt explained this has been done on a contractual basis each year and the landscape architect is the contractor. Discussion continued regarding the possibility of the new person for the open space district being in charge of this. City Manager Goss stated he has talked to the new Park and Recreation Director regarding the overseeing of the landscape people as well as those in the Town Centre. There being no comments either for or against, Mayor Cox closed the public hearing. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. ORAL COMMUNICATIONS (None) CONSENT CALENDAR (7-20) MSUC (Scott/McCandliss) to pull Nos. 7,15,16,17 and 20 from the Consent Calendar. MSUC (Scott/Cox) to approve the Consent Calendar (8,9,10,11,12,13,14,18 and 19) 8. RESOLUTION 12057 ACCEPTING BIDS, AWARDING CONTRACT AND APPROPRIATING ADDITIONAL FUNDS FOR PURCHASE OF TRUCKS (Director of Finance) Bids were received on June 10, 1985 for purchase of the following trucks: ITEM QT~ DESCRIPTION DEPARTMENT 1 2 Cab and chassis with 45 foot aerial lift Public Works-Trees 2 1 Cab & chassis with dump body Public Works-Streets 3 1 Pickup truck with utility Parks body and roller top 4 1 Pickup truck with utility Public Works-Sewers body less roller top Staff recommended: Item 1 - Cab and chassis with 45 foot aerial lift That Council award bid to Dion International Trucks and appropriate $12,252.85 from unappropriated General Fund reserves. City Council Meeting - 6 - June 25, 1985 Dion International Trucks, INC.; Unit Price (Gasoline Engine) No bid; Unit Price (Diesel Engine) $67,394.20; Trade-in Allowance $7,000 00 (2 trucks) Item 2 - Cab and Chassis with dump body That Council award bid to Dion International Trucks. Dion International - Unit Price (Diesel Engine) $33,966.46; Trade-in Allowance $2,500.00 Item 3 - Pickup truck with utility body and roller top That Council award bid to Ball Oldsmobile. Ball Oldsmobile, National City - Unit Price $10,348.00 Item 4 - Pickup truck with utility body less roller top That Council award bid to Ball Oldsmobile. Ball Oldsmobile Unit Price $9,848.00; Trade-In Allowance $1,001.00 On Item 1, the FY 1984-85 budget provides $55,685 in Account 100-1750-5565 for the purchase of one cab and chassis with 45 foot aerial lift. Funds need to be appropriated from the unappropriated General Fund in the amount of $12,252.85 to Account 100-1750-5565 for a total of $67,937.85 for the purchase. The funds for the FY 1985-86 budget units will come from Account 705-7050-5575, the Vehicle Replacement Fund. The purchase order for the truck will be placed after July 1, 1985. 9. RESOLUTION 12058 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EDP MANAGEMENT, INC. FOR COMPUTER FACILITIES MANAGEMENT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Management Services) The City has contracted with EDP Management, Inc. since 1975 for the supervision and operation of the City's computer center. This arrangement has involved EDP Management's stationing of a full-time, on-site Data Processing Manager. The current one-year contract with EDP Management expires June 30, 1985. Since the firm's performance under the contract has been very satisfactory, a new one-year agreement has been negotiated with'EDP Management to become effective July 1, 1985. T ' T I'1[ City Council Meeting - 7 - June 25, 1985 The only significant change in the proposed new contract compared to the existing contract involves the monthly payment to EDP Management for basic services would be increased from $4,087 to $4,489, a 9.8% increase. The FY 1985-86 cost Of the contract for basic services would be $53,870 funding which is included in the City Manager's Proposed Budget. Approval of this contract could have an impact (maximum of $8,000) on the FY 1986-87 budget if the Data Processing revenue earned during FY 1985-86 exceeds $100,000 and thus results in an incentive payment to be made in July of 1986. 10. RESOLUTION 12060 ACCEPTING PUBLIC IMPROVEMENTS - PAVEMENT RECONSTRUCTION AND OVERLAY OF CITY PARKING LOTS 5 and 6 (Director of Public Works/City Engineer) Cocco Construction Company completed the pavement reconstruction and overlay of City parking lots 5 and 6 on May 15, 1985. A final inspection was made on May 20, 1985. Final quantities and construction costs have now been reconciled with the contractor. All work has been completed in accordance with the plans and specifications and to the satisfaction of the City Engineer. Councilman Moore noted this parking lot is one that has been "reworked". In response to Councilman Moore's question of whether this was one of the parking lots that a concerned citizen mentioned and Council asked for a review on, City Engineer Lippitt explained the lots in question were west of Third Avenue near the Surgi-Center; one is near Madrona and the other on the east side near Davidson Street. Councilman Moore asked if this had been sent to the Parking Place Commission and if correspondence or action has been initiated. City Engineer Lippitt stated staff is looking into the design aspects and can review these lots also. 11. RESOLUTION 12060 APPROVING THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY TRANSIT SERVICES, INC FOR HANDYTRANS OPERATION FOR FY 1983-85 (Director of Public Works/City Engineer) On January 27, 1985, Council approved a staff recommendation to exercise an option to renew its agreement with Community Transit Services, Inc. (CTS) to operate HandYtrans for FY 1985-86 at an hourly rate of $30.69, an increase of 4.9% over the FY 1984-85 rate of $29.24. In addition, as part of the FY 1985-86 Elderly and Handicapped Transportation budget (Fund 236), Council approved an increase of approximately one vehicle service hour per day for City Council Meeting - 8 - June 25, 1985 HandYtrans operation during FY 1985-86. Based upon these two prior Council actions, it is necessary to amend the agreement between the City and CTS to extend this agreement for transportation services for FY 1985-86. The agreement cost will not exceed $207,004.05, based on an hourly rate of $30.69 an hour x 6,745 vehicle service hours. 12. RESOLUTION 12061 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO TRANSIT CORPORATION (SDTC) FOR TRANSIT SERVICE DURING FY 1985-86 (Director of Public Works/City Engineer) SDTC has submitted two agreements for approval by the City of Chula Vista for the provision of transit service in Chula Vista during FY 1985-86. One agreement is contingent upon the consolidation of MTDB and SDTC by July 1, 1985, in which case, SDTC Route 29 would become a regional route and the City of Chula Vista would contract for Route 32 service only. If the consolidation does not occur on July 1, then the alternate proposed agreement would be executed between the City and SDTC for Route 32 and 29 service. If consolidation does not occur on July 1, 1985, then the consolidation will be delayed until July 1, 1986. MTDB staff has told the Transit Coordinator that there is a high degree of certainty that consolidation will occur on July 1, 1985. The cost of Route 32 service (assuming consolidation) for FY 1985-86 is $39,265, an increase of 96% over this fiscal year's Route 32 cost of $20,051. The FY 1985-86 cost for Routes 29 and 32 (assuming no consolidation) is $147,643, an increase of 61% over this year's cost for both routes in the amount of $91,760. The Director Of Public Works/City Engineer recommended that Council approve: 1. Agreement between the City of Chula Vista and SDTC for Route 32 service during FY 1985-86 in the amount of $39,265, contingent upon MTDB and SDTC consolidation by July 1, 1985; and 2. Agreement between the City of Chula Vista and SDTC for Routes 29 and 32 service during FY 1985-86 in the amount of $147,643, assuming no consolidation between MTDB and STDC by July 1, 1985. 13. RESOLUTION 12062 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SCOOT FOR TRANSIT SERVICE FOR FY 1985-86 (Director of Public Works/City Engineer) City Council Meeting - 9 June 25, 1985 SCOOT was established in August 1979 as a joint powers agency between the City of Chula Vista and the County of San Diego, SCOOT provides transit service to both members and makes Transportation Development Act (TDA) claims against each member's apportionment based on transit service provided. This agreement specifies transit service provided by SCOOT in the City of Chula Vista. 14. RESOLUTION 12063 APPROVING SUBMISSION OF AMENDMENT TO THE FY 1984-85 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM (Director of Public Works/City Engineer) The original SCOOT FY 1984-85 Article 4.0 Claim submitted to SANDAG and MTDB on April 1, 1984 in the amount of $1,170,963 included a capital reserve in the amount of $80,165. Due to budget savings during FY 1984-85, and additional revenue in the amount of $187,000 from the Safe Harbor Lease transaction between SCOOT and Rohr Industries, the Transit Coordinator estimates that the FY 1984-85 claim can be amended to increase the capital reserve to $469,325. 18. ORDINANCE 2116 AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.04.150 RELATING TO THE CONSENT CALENDAR FOR CITY COUNCIL MEETINGS - SECOND READING AND ADOPTION (Assistant City Attorney) Pursuant to the request of the City Council at its May 21, 1985 meeting the City Attorney's office has prepared an ordinance amendment which provides the necessary flexibility so that all agenda items may be placed on the consent calendar. This ordinance was placed on first reading at the meeting of June 18, 1985. 19. STATUS REPORT MACE STREET INFECTIOUS WASTE INCINERATOR (Director of Public Works/City Engineer) At its May 7, 1985 meeting, the City Council directed that staff assemble a status report regarding activities at the "Mace Street Plant." Council's concern was the result of comments made at that meeting and an article which appeared in the San Diego Daily Transcript. Staff submitted the report summarizing that the Mace Street incinerator is not burning asbestos waste; there is no need nor is there a formal proposal to expand the facility; and recent APCD rule changes do not impact the Mace Street operation. End of Consent Calendar City Council Meeting - 10 - June 25, 1985 RESOLUTIONS AND ORDINANCES~ FIRST READING 7. RESOLUTION 12064 APPROVING AN AGREEMENT BETWEEN THE CALIFORNIA COASTAL CONSERVANCY AND THE CITY AND AUTHORIZING THE MAYOR TO EXECUTE SAME (Community Development Director) On March 21, the Coastal Conservancy approved, with amendments, the expenditure of ~50,000 in State funds. This action was taken to underwrite the preparation of resource enhancement plans for five disturbed upland and wetland sites within the Sweetwater Marsh upland/wetland complex in the proposed Bayfront. Those areas that are to be focused upon by the requested studies are: 1. F-G Street Marsh 2. Freshwater Marsh 3. Gunpowder Point Uplands 4. D Street Fill 5. South E Street Marsh It is noted that an additional $50,000 must be set aside by the City for possible expenditure due to the manner in which the original grant application was reviewed and ultimately approved. $25,000 of Redevelopment Agency funds are available in the FY-1984-85 budget in Account ~990-9907-5516 and will be encumbered. The additional $25,000 has been appropriated in the FY 1985-86 Agency budget in Account #995-9950-BF36. Redevelopment Coordinator Zegler noted the agreement between the Coastal Conservancy and the City of Chula Vista wording has been changed. On page 2, paragraph 1, Work Program phrasing was added after the word"Agreemen~' to include: "...which approval shall not be unreasonably withheld" 2. Under Conditions Precedent to Disbursement of Funds. Item No. 2 was by agreement by the Coastal Conservancy staff, their attorney, City Attorney, Mr. Dahl and Mr. Zegler. That wording was changed to: "Have the Grantee and the Executive Officer agree jointly to: (a) Work Program for the Project, and (b) on the selection of all sub-contractors for the project itself". City Council Meeting - 11- June 25, 1985 Councilwoman McCandliss noted the agreement stated, due to the manner in which the original grant application was reviewed and ultimately approved that Council now needs to allocate an additional $50,000 which must be set aside by the City. She asked what occurred at the time the application was submitted that requires the City to spend $50,000 more. Redevelopment Coordinator Zegler noted the application was based on knowledge the City had obtained in a very brief period of time. The Coastal Conservancy indicated that $50,000 was the legal limit they would be able to supply the City but also indicated that because of the scope of the project and kinds of research involved the City would be over the $50,000 mark. Mayor Cox explained this was covered in the original corresponcence with the Coastal Conservancy. The original grant was $50,000 and if it went beyond $50,000 the City would match it up to a total of $100,000. Mayor Cox introduced Melanie Denninger, Project Manager for the California Coastal Conservancy who was present to answer any questions. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION 12065 APPROVING THE NEGOTIATED PROPERTY TAX EXCHANGE AND OTHER AGREEMENTS RELATING TO THE MONTGOMERY REORGANIZATION (Director of Finance) The proposed Montgomery reorganization has been filed with the Local Agency Formation Commission (LAFCO) and is to be placed on the ballot for November 5, 1985. State law requires the negotiation of any exchange of property tax revenues occasioned by jurisdictional changes between the affected County and City. The main feature of the agreement is the application of the Master Property Tax Agreement to the apportionment of property tax revenues. Another main point of the agreement is that if the voters approve the proposed annexation then the effective date of the reorganization will be prior to December 31, 1985. The City agrees not to establish a redevelopment project area within Montgomery for at least four years after the effective date of the reorganization. Under the terms of the proposed agreement, the City will receive 41% of the base property tax revenues and 41% of the annual property property tax increment. In the initial year this produces $601,263 in base property tax revenues for the City of Chula Vista. City Council Meeting 12 - June 25, 1985 Council discussion ensued regarding the agreement dealing with the allocation of Block Grant money; the formula used as to what percentage the City should receive; and how the typical property tax split between the County and the City is applied. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 16. RESOLUTION 12066 ADOPTING REGULATIONS FOR CANDIDATES FOR THE OFFICES OF COUNCIL PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND COSTS THEREOF FOR THE NOVEMBER 5, 1985 GENERAL MUNICIPAL ELECTION (City Clerk) Section 10012 of the State Elections Code provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the costs. The City Clerk recommended approval of an increase in the limitations of the words in the candidates' statements from 200 to 400. The cost for the Statements will be paid by the candidates. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. ORDINANCE 2114 APPROVING THE AMENDMENT TO THE EL RANCHO DEL REY SPECIFIC PLAN CASE NO. GPA-83-7 (May 15, 1985) WITH CONDITIONS - SECOND READING AND ADOPTION (Continued from the meeting of June 18, 1985) (Director of Planning) The ordinance was placed on first reading on June 11, 1985 as amended, subject to the three conditions: 1. There shall be no permits issued for any development within the Corcoran Ranch SPA or sub-area before the City and the developer enter into an agreement which will ensure that the Public Facility Financing Plan, Phasing Plan and other obligations of the developer are met and adhered to. 2. Traffic analysis and monitoring shall be required with each SPA or sub-area plan. 3. That the junior high school site be increased to 25 acres in size. l City Council Meeting - 13 - June 25, 1985 At the meeting of June 18, 1985 the ordinance was continued for one week. A motion carried unanimously for staff to schedule a public hearing to consider the E1 Rancho del Rey out-parcels at a time equitable to staff and applicants and to waive the fees. Mayor Cox commented on the remarkable success in the last couple of years in changing the image of Chula Vista - hi-tech industries have come into the City with new developments in the Bayfront and Marina. He expressed concern regarding the dissension which could arise out of a referendum - it may conceivably impact the Montgomery annexation and could have devastating effects beyond the Gersten proposal. He stated the plan that was approved by Council on May 15 is a dramatic improvement from the 1978 plan and one he can wholeheartedly support MS (Cox/McCandliss) to refer the E1 Rancho del Rey Plan back to the Planning staff to implement the following changes: (1) a reduction in the number of dwelling units ~ approximately 200; (2) the employment park be reduced to a total of 100 net acres; (3) the employment park be eliminated from the south side of "H" Street. Councilwoman McCandliss remarked she hoped the 200 reduction in units would come out of the multi-family developments rather than the single-family bands. Noting the Council's responsibility to the citizens, she said she would support the motion since it is a step in the right direction and will improve the plan, as presented. She added her original motion was for a reduction of 800 units which would have significantly reduced the residential area and the traffic. Councilman Malcolm expressed his concern regarding the reduction in the employment park area indicating that Rohr Industries has threatened to relocate in another State and out of Chula Vista. Councilwoman McCandliss commented that as the City grows (EastLake, Otay Valley Road development and Bayfront) more and more jobs will open up. Councilman Scott said he "wanted to set the record straight" - the compromise is between a group of citizens who think there is too much density and traffic in the plan and the Council. Michael Gage, Consultant for Gersten Company, discussed the technical feasibility of what the motion would permit them to accomplish. He explained that to eliminate the employment park to 100 acres of net developable land north of "H" Street would be absolutely impossible - techically this could not be done. MS (Malcolm/Cox) for a modification to remove the low-and moderate income requirement from the plan. City Council Meeting - 14 - June 25, 1985 Councilman Scott indicated he had no problem with the motion from a procedural standpoint, but suggested it should be made after the report comes back from staff. Councilman Malcolm stated he could support everything brought up with the understanding staff will have flexibility. He expressed support regarding reducing traffic generation from 15,000 trips daily to 7,000 trips. Mayor Cox commented that based on Mr. Gage's comments he has no doubt staff will come back with some alternatives for Council to consider on the reduction of the employment park and eliminating it from the South side of H Street if there are some minor adjustments, Council will look at the justification and rationale for them. The motion to refer the E1 Rancho del Rey plan back to the Planning staff passed unanimously. NEW MOTION MSUC (Malcolm/Scott) to direct staff to come back with an outline with any legal requirements regarding the low-and moderate income housing and any effects by the removal of that requirement. 20. REPORT COMMUNITY APPEARANCE PROGRAM (Principal Administrative Analyst) On May 10, 1983, the City Council adopted a general community appearance policy and program. The report indicated the use of City employees to report violations of the Municipal Code relating to community appearance to the City's Zoning Enforcement Officer. On June 21, 1983, the Council directed staff to examine the Code as existing requirements relate to front yards , side yards, driveways, curbside restrictions, parking/placing of vehicles, boats, camper shells, etc. and report whether the Code was adequate in terms of controlling activities that have an overall affect on the community's appearance. In response to the referral, all existing relevant sections of the Code have been reviewed and a number of recommended changes are proposed for consideration. Based On Council's final determinations on the modifications, the following steps would be taken: (1) All sections of the Code affecting community appearance such as parking of vehicles, rubbish collection, repair of vehicles in residential areas, weed abatement, landscape maintenance, etc. will be consolidated into a single chapter of the Code similar to those adopted by National City, Anaheim, and Montebello. City Council Meeting - 15 - June 25, 1985 (2) A training program for City staff will be developed. A tentative time schedule for implementation has been prepared. Staff recommended that Council: 1. Accept report and approve, in concept, the proposed Code revisions 2. Refer the report and proposed Code revisions to the Planning Commission for report and recommendation. Councilman Moore suggested a process to incorporate the citation and allow a phase-in or interim period; suggestion to have special Community Appearance Citations printed giving 30 days for corrected action within the first year of the program then a fine applied after that; information to be printed on back of Citation as to the reason it is being done. City Manager Goss noted this report is a policy direction staff is seeking along with the ordinance changes. Citation program implementation will be reviewed by the Planning Commission prior to coming before the Council. MSUC (Scott/Moore) to accept the report. 21. RESOLUTION 12067 SETTING ASSESSMENT FOR OPEN SPACE DISTRICT NOS. 1 THROUGH 11 AND 13 FOR FY-1985-86 (Acting Director of Parks and Recreation) Pursuant to Government Code, Section 50575, the City has the authority to establish open space maintenance districts and to assess to the benefited property owners all subsequent costs to maintain those districts. Contract bids for maintenance of Districts 1 through 11 were received and awarded by Council on June 11, 1985. ASSESSMENT District NO. FY 85-86 Assess. 1 49.00 2 45.00 3 185.00 4 158.00 5 174.00 6 85.00 7 84.00 8 260.00 9 171.00 10 94.00 11 91.00 13 45.00 !I[ City Council Meeting - 16 - June 25, 1985 Total costs for maintaining these districts are borne by the respective homeowners in each district. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 22. REPORT OF THE CITY MANAGER a. City Manager Goss noted that on Saturday a farewell picnic is planned for retiring senior Engineer Harshman. Mr. Goss also noted Redevelopment Coordinator Zegler will be leaving the City. Mr. Goss wished them both well. b. Municipal Pursuit question: 1. How many parks are there in Chula Vista including mini-parks and tot-lots? Answer: 27 2. How many acres in these parks? Answer: 250 c. City Manager Goss introduced the new Parks and Recreation Director Manuel Mollinedo. REPORTS OF OFFICERS AND DEPARTMENT HEADS 23. REPORT SUGGESTED CHARTER CHANGES INCLUDING CHANGE OF ELECTION DATE (City Attorney) At its meeting of May 25, 1985, the City Council directed staff to report back with recommendations on Charter amendments to change election dates so that they will be coordinated with statewide elections, and to consider the requirement of a runoff where a candidate fails to receive a majority of the votes cast in an election. The report also deals with some housekeeping measures. The City Attorney recommended: 1. To consolidate Chula Vista elections with November statewide elections. 2. DO not require runoffs. 3. Approve the housekeeping changes. City Attorney Harron noted a housekeeping measure that was left off pertaining to Article 11 in the City Charter which deals with regulations for the Board of Education. He recommended deleting this Article from the Charter as the City cannot regulate the Board of Education. City Council Meeting - 17 - June 25, 1985 Election Consolidation: City Clerk Fulasz noted the estimated cost of a consolidated election would be $20,000 and $40,000 for a separate City election. Council discussion followed regarding extension of terms for Councilmembers and cost involved; the June vs. November elections; and the problem of Councilmembers running for Mayor would have to give up their seats to run against the Mayor. MSUC (Malcolm/McCandliss) to continue Item No. 1 (consolidation issue) for one week. Runoffs Council held a discussion of the City Attorney's possible dates for runoff elections noting there would be from five to eight months between the elections. A mail ballot could not be used for the elections of Councilmembers. MSUC (Scott/Moore) hold this over for Charter Review Commission next time that Council calls it, Housekeeping Changes MSUC (Moore/Scott) to approve housekeeping changes with the approval the City Attorney noised (to delete Article 11 from City Charter - Board of Education provisions). Councilman Scott specified the Election Code requires certification of election results three weeks after the election. The Charter states the elected official shall be seated the week following the election. MS (Scott/Malcolm) to not recommend this and leave the Charter the way it is. City Clerk Fulasz explained that for the past few elections, the elected officials have been sworn into office on the Tuesday following the election based on the semi-officialresults from the Registrar of Voters. The votes have never been that close so there was no doubt who was elected. If there was a very close vote, the seating of the elected official would have to be held off and the Charter does not cover this possibility. In answer to Mayor Cox's query regarding whether Council would be able to hold off swearing in a person, City Attorney Harron stated the Charter does not stipulate this information. Normally City Council has the authority to seat its own membership and the Councilmember serves until the "controversy" is settled. I' I l' City Council Meeting - 18 - June 25, 1985 SUBSTITUTE MOTION MSUC (Cox/Moore) refer this item back to staff and delete it from the previous housekeeping item and ask staff to come up with some alternative verbiage to address the concerns. 24. MAYOR'S REPORT a. Mayor Cox noted a joint meeting with the Navy Housing Task Force had been scheduled for Saturday but is now rescheduled for Thursday, June 27, at 4 p.m. 25. COUNCIL COMMENTS a. MSUC (Malcolm/Scott) for the first Tuesday meeting in July, Council have a holiday for one week as a policy guideline for future years. MSUC (Malcolm/Scott) to cancel the July 9, 1985 meeting. b. Councilman Malcolm expressed concern regarding the satelite dish antenna that went up illegally on the Greens two weeks ago. MSUC (Malcolm/Scott) refer this to staff with a report back (verbal report acceptable). c. Councilman Malcolm noted that the property owner at the Bayfront (Santa Fe) has given notice to the farmers to vacate the properties in order for them to start development. Councilman Malcolm added that he has some concerns regarding the City Attorney's legal opinion regarding this issue. MSUC (Scott/Moore) for a report from the City Attorney (regarding this item). d. Councilwoman McCandliss noted staff said Council will be getting the PSO study back in August and would like to have a date-certain set for a Council Conference. Director of Management Services Thomson noted this could be scheduled for September 20 at the latest. MSUC (McCandliss/Scott) to refer to staff to come back next week (regarding prospective schedule for Conference). e. Councilwoman McCandliss commented on the water feature at the Library. f. Councilman Scott commented on the fence knocked down by a car three weeks ago at Hilltop Park and questioned the City policy regarding repairs. City Council Meeting 19 - June 25, 1985 Director of Parks and Recreation Mollinedo noted he will direct staff to investigate the situation and have this problem corrected. He will also pursue contacting the owner of the vehicle regarding insurance reimbursement to the City for any damage incurred. MSUC (Scott/Malcolm) for a brief report from the City g- Attorney on Chula Vista Schools changing of election date. g. Councilman Scott discussed the fire sprinkler requirement in the Code for buildings 2-1/2 stories high. He requested researching what other cities are doing in regard to sprinklers and perhaps the City ordinance could be changed. MSUC (Scott/Malcolm) to have a report on the research of the literature on fire sprinklers. ADJOURNMENT AT 9:07 p.m. to the Joint Meeting with the Navy Housing Task Force on Thursday, June 27, 1985 at 4 p.m. and to the daytime meeting of July 2, 1985 at 4 p.m. ~kFULASZ,~CM~ WPG:0604C ~ PAG STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say: That I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the regular meeting of the CounciT1 of the City of Chula Vista was held Tuesday/, June 25, 1985 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, June 26, 1985 at the hour of 10:30 ~.m. I posted a copy of said orderat a conspicuous place on or near the door of the place at which said meeting of June 25, 1985 was held. )J . City Cl~rk~ MINUTES OF AN ADJOURNED REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held June 25, 1985 The City Council met in the Council Chambers at the City Hall, 276 Fourth Avenue on the above date at 7:00 p.m. with the following: Councilmen present: Cox, Malcolm, McCandliss, Scott, Moore ': None ';i Councilmen absent: ~-***** .... ADJOURNMENT The Mayor adjourned the meeting until Thursday, June 27, 1985 at 4:00 p.m. in the ~D0Xn~~f~L~K/Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. JOINT MEETING WITH NAVY TASK FORCE. I, JENNIE M, FULASZ, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of _ June 25, 1985 City of Chula Vista, California T I' lr