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HomeMy WebLinkAboutcc min 1987/03/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 10, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron 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 for the meeting of March 3, 1987. MSUC (Moore/McCandliss) for approval of the minutes. Mayor Cox abstained due to the fact that he was not present at that meeting. 2. SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR (Items 3a - 13) Items pulled: 3d, 6, 7, 8, 10 and 13. Councilman Nader noted he will be voting "no" on #5. Mayor Cox noted he will be voting "no" on #11. MSUC (Moore/McCandliss) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. CONCERN REGARDING FIFTH AVENUE VACATION - J. D. Heinrich, 1925-103 Otay Lakes Road, Chula Vista, CA 92013 b. SUPPORT OF FIFTH AVENUE VACATION - Mr. & Mrs. James Bonk, Jr., 537 5th Avenue, Chula Vista, CA 92010 MSUC (Moore/McCandliss) to refer items 3a and 3b to public hearing on March 17, 1987. Minutes 2 March, 10, 1987 c. REQUEST FOR SUPPORT OF AB 7-11 (REGULATING BY ORDINANCE THE PUBLIC DISPLAY OF MATERIAL DEFINED AS SEXUALLY EXPLICIT) Harry Kullijian, President, C.L.E.A.N., P.O. Box 918, Modesto, CA 95353 MSUC (Moore/McCandliss) to refer this item to the Legislative Committee for evaluation report. d. CONCERNS REGARDING RV VOTING ACTIONS AND UNCONTROLLED GROWTH Mr. & Mrs. Maynard Joseph, 36 Sandalwood Drive, Chula Vista, CA 92010 Pulled from Consent Calendar. e. CONCERNS REGARDING MID-BAYFRONT TENTATIVE MAP ACTIONS - Charles LeMenager, Inc., 15703 Vista Vicente Drive, Ramona, CA 92065 MSUC (Moore/McCandliss) to acknowledge letter and refer to the Redevelopment Agency meeting of March 19, 1987. f. SUGGESTIONS FOR SEWER TREATMENT SYSTEMS - Henry Mills, 2842 Beatrice Street, San Diego, CA 92139 MSUC (Moore/McCandliss) to acknowledge letter and inform Mr. Mills of steps being taken to use reclaimed water in new developments. g. CONCERN FOR SAFETY OF MOTORISTS TRAVELING NEAR OTAY LAKES ROAD AND APACHE DRIVE - Gary A. Mackler, Community Association Manager, Property Management Associates, 3936 Hortensia Street, San Diego, CA 92110 MSUC (Moore/McCandliss) to refer to Safety Commission and staff. 4. RESOLUTION 12925 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE SIX SEDANS AND FIVE PICK-UP TRUCKS ON BEHALF OF THE CITY OF CHULA VISTA (Director of Finance) The FY 86-87 Dudget includes funds for the purchase of six compact. sedans and five compact pick-up trucks. The vehicles to be purchased are as follows: ACTIVITY DESCRIPTION Parks & Recreation Administration Sedan Police Investigations Sedan (2) Transit Sedan Community Development Sedan Minutes - 3 - March, 10, 1987 Public Works Operations Administration Sedan Construction & Design Pick-Up Parks & Recreation Administration Pick-Up Parks Maintenance Pick-Up (2) Animal Regulation Pick-Up Purchase cost for the six sedans is 950,043.39 and for the five pick-up trucks is 943,576.71 based on State contract prices. This includes a 1% State service charge and cash discount terms if the City pays the invoices within the timeframe proposed within the contract. Funds are available in the Equipment Replacement fund: COUNCIL APPROVED ACCOUNT NUMBER AMOUNT REQUIRED APPROPRIATION 705-7050-5565 $ 93,620.10 9 95,490 5. RESOLUTION 12926 CONDITIONALLY REVOKING CONDITIONAL USE PERMIT PCC-84-23 FOR THE OPERATION OF CABRILLO SCHOOL OF NURSING AT 713 BROADWAY (Director of Planning) This item is the resolution and findings to effectuate the action taken by the City Council on March 3, 1987: 1. Revoke PCC-84-23, effective on April 30, 1987, and direct the Cabrillo School of Nursing to cease operations at 713 Broadway as of that date, and 2. Authorize the Zoning Administrator to "stay" the revocation if it is shown that enrollment has been reduced to the 30-student limit by the effective revocation date. The Zoning Administrator may grant a maximum of four 90-day "stays" based upon a showing of compliance with the 30-student limit evidenced by an enrollment report filed with the City by the school and subject to on-site inspection and confirmation by City staff. 6a. RESOLUTION REQUESTING THE COUNTY OF SAN DIEGO TO INCLUDE CERTAIN PROJECTS IN THEIR APPLICATION FOR FY 1987-88 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE MONTGOMERY AREA (Community Development Director ) Minutes 4 March, 10, 1987 b. RSSOLUTION REQUESTING THE COUNTY OF SAN DIEGO TO TRANSFER PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE WOODLAWN PARK DEVELOPMENT PROJECT TO THE WOODLAWN PARK PUBLIC IMPROVEMENTS AND SURVEY PROJECT (Community Development Director) Pulled from Consent Calendar. 7. RESOLUTION APPROVING ENCROACHMENT PERMIT NO. PE-084 FOR MONUMENT SIGNS TO BE PLACED IN CITY OPEN SPACE IN BONITA LONG CANYON UNIT III (Director of Public Works/City Engineer) Pulled from Consent Calendar. 8a.RESOLUTION STATING COUNCIL'S INTENTION TO RESERVE DEVELOPMENT CREDITS FOR RANCHO DEL REY PARTNERSHIP (Director of Public Works/City Engineer) b. RESOLUTION APPROVING SECURITY AGREEMENT FOR CONSTRUCTION OF "H" STREET BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT c. RESOLUTION MAKING FINDINGS ON PETITION d. RESOLUTION ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF SPECIAL ASSESSMENT DISTRICT 87-1 e. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF SPECIAL ASSESSMENT DISTRICT ACQUISITION/FINANCING AGREEMENT Pulled from Consent Calendar. 9a. RESOLUTION 12927 ADOPTING INITIAL STUDY AND NEGATIVE DECLARATION (IS-83-22) ON LAS FLORES DRIVE ASSESSMENT DISTRICT (Director of Public Works/City Engineer) b. RESOLUTION 12928 DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COST AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS Minutes 5 March, 10, 1987 c. RESOLUTION 12929 PASSING ON THE "REPORT" OF THE ENGINEER GIVING PRELIMINARY APPROVAL AND SETTING A TIME AND PLACE FOR PUBLIC HEARING d. RESOLUTION 12930 AUTHORIZING THE SALE AND REQUESTING A PROPOSAL FOR CERTAIN SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT Over the last several years staff has been working with the various property owners to form an assessment district north of "D" Street between Second Avenue and Minot Avenue. The Council's action tonight generally is to receive and approve the preliminary Engineer's Report and authorize the sale of bonds. The public hearing is set for April 14, 1987 at 7:00 p.m. At the public hearing, City Council will consider confirmation of the assessments for the improvements, accept proposals for sale of bonds, award the construction contract and approve several subdivision maps adjoining the improvements at that meeting. 10. RESOLUTION APPROVING AN AMENDMENT TO A CONTRACT WITH JHK & ASSOCIATES FOR DEVELOPMENT OF THE CIRCULATION ELEMENT FOR THE GENERAL PLAN AND APPROPRIATING FUNDS (Director of Public Works/City Engineer) Pulled from Consent Calendar. 11. URGENCY ORDINANCE ADOPTING AN INTERIM MEASURE DECLARING A 219~ MORATORIUM ON GENERAL PLAN/SPECIFIC PLAN AMENDMENTS WITHIN THE AREA EAST OF 1-805 EXEMPTING RIO OTAY BUSINESS PARK FOR A PERIOD OF NINETY DAYS - FIRST READING AND ADOPTION (Director of Planning) The City of Chula Vista currently has a major General Plan Update in process with completion scheduled by the end of 1987. So as to not prematurely designate land uses or density patterns -or foreclose the range of general plan alternatives, a moratorium on processing of certain applications was enacted by the City Council. The actions affected would be City processing of General Plan Amendments located easterly of 1-805 for a period of 90 days. Council specifically exempted one project which was recently annexed to the City and is primarily proposed for industrial development. The exemption is the Otay Rio Business Park, approximately 211 acres lying southerly of the Otay River Floodplain and westerly of Otay Valley Road. Any extension of the moratorium would have to be subsequent to a future public hearing on the matter. Minutes - 6 - March, 10, 1987 12. REPORT BONITA ROADRUNNER' REQUEST TO CONDUCT A 10K ROAD RACE (Director of Parks & Recreation) The Bonita Roadrunners, Inc., a non-profit public benefit corporation, has requested permission to stage a 5K and 10K road race on Sunday, May 24, 1987 around Rohr Park beginning at 7 a.m. The race director expects approximately 300-400 runners. Profits from the race will be used to further the club's objective of promoting and encouraging long distance running. The club also requested that the fees be waived. Approval of the race will be contingent upon the following conditions: 1. Receipt of a certificate of insurance in the amount of million showing the City as an added insured. 2. Execution of a hold harmless agreement. 3. Provision of adequate traffic control, at the sponsor's expense. 4. Clean-up of any litter created by the event. 13. REPORT PUBLIC INFORMATION SALES TAX SHEET (Deputy City Manager) Pulled from Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None. 14. ORAL COMMUNICATIONS a. J. L. Pendergraft, 1 Kingswood Drive, Chula Vista, discussed the speed of traffic on Hilltop Drive noting there is a continuing safety hazard near the intersection of Hilltop and Reinstra. With 3 schools in the area, some safety measures need to be taken. He stated there should be at least 2 red stop signs, 2 yellow warning signs and a double yellow line north of Reinstra and south of Hilltop, and two left-turn turn-outs with paint on the road. Mr. Pendergraft said he would be willing to pay the cost of putting in these safety devices. At one time, he was promised a left-turn would be put in but nothing has happened. MSUC (McCandliss/Nader) to refer this to staff and the Safety Commission for a report back to the Council. 14inutes - 7 - March, 10, 1987 Councilman Malcolm commented that it would be the responsibility of the City to pay for the safety signs if there is, in fact, a dangerous intersection here. Councilwoman McCandliss noted the intent of her motion was that if Mr. Pendergraft was guaranteed some improvements that haven't been made, this should come back in the staff report and the improvements should go in. Councilman Nader noted that the report will be coming back to Council the week following the Safety Commission meeting. PULLED ITEMS 3d. CONCERNS REGARDING RV VOTING ACTIONS AND UNCONTROLLED GROWTH - Mr. & Mrs. Maynard Joseph, 36 Sandalwood Drive, Chula Vista, CA 92010 Maynard Joseph, 36 Sandalwood Court, Chula Vista 92010, discussed the makeup of the T~sk Force on the Community Appearance Program noting that 14 out of the 15 members were RV owners. He remarked that the parking of these RV' s throughout the City was, in fact, a cause of the deterioration of the quality of life. Mr. Joseph's second concern was the growth of the City which, he stated, was ill-timed, ill-planned and out of control. He asked the Council to be aware of the water crisis and the sewer problems before plunging ahead with further developments and that all street improvements be required to be in prior to any development. Mayor Cox explained item 8 on this agenda which is the agreement to put in 6 lanes on East "H" Street. MSUC (Malcolm/McCandliss) to acknowledge Mr. Joseph's letter and for staff to respond. 6a. RESOLUTION 12931 REQUESTING THE COUNTY OF SAN DIEGO TO INCLUDE CERTAIN PROJECTS IN THEIR APPLICATION FOR FY 1987-88 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE MONTGOMERY AREA (Community Development Director ) b. RESOLUTION 12932 REQUESTING THE COUNTY OF SAN DIEGO TO TRANSFER PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE WOODLAWN PARK DEVELOPMENT PROJECT TO THE WOODLAWN PARK PUBLIC IMPROVEMENTS AND SURVEY PROJECT (Community Development Director ) Minutes - 8 - March, 10, 1987 In a written report to Council, Community Development Director Desrochers reported that subsequent to the annexation of Montgomery, the U.S. Department of Housing & Urban Development (HUD) informed the City and the County that Community Development Block Grant (CDBG) funds attributable to the Montgomery area would continue to be received by the County until the U.S. Census Bureau provided HUD with data analyzing Montgomery's impact on the demographics of Chula Vista. HUD has informed the City that such a transfer cannot occur until FY/1988-89, due to the fact that the Census Bureau has not completed its task as yet. Therefore, as was the case for FY 1986-87, the County will receive CDBG funds attributable to Montgomery, the City will request that specific Montgomery projects be included in the Urban County Community Development Block Grant Application for FY 1987-88, and the County will draw down the funds from HUD and pay them to the City as the projects are implemented by the City. Based on these criteria and the recommendations of the Montgomery Planning Committee, the 1987-88 CDBG budget for Montgomery recommended to be presented to the County for inclusion in its CDBG funding application is as follows: PROJECT AMOUNT Wheelchair Ramps $ 12,000 Curb, Gutter & Sidewalk Contingency 15,000 Sidewalks at Fourth and Moss St. 45,000 Drainage Improvements northeast of Third Ave. and Orange Ave. 10,500 Street Improvements Fifth Ave., east side from Naples to Oxford 73,000 Orange Avenue Sidewalks, Fence 24,500 Local Option Account 8,000 TOTAL $188,000 TRANSFER OF PRIOR YEARS FUNDS Resolution B requests the County to transfer existing project funds for a project from a prior year to One of the projects originally proposed for FY 1987-88. The project to be transferred from is the Woodlawn Park Development Project approved by the County and HUD in 1982. It sets aside $92,850 to development landscaping and recreational facilities on a one-half acre county-owned vacant lot adjacent to the Woodlawn Park Community Center. Minutes - 9 - March, 10, 1987 Montgomery CDBG funds in the estimated amount of ~188,000 are to be received by the County and transmitted to the City for implementation of the projects approved by Council action on this item. With approval of this item by the Council and the County Board of Supervisors, an estimated amount of ~70,000 in prior year CDBG funds will be transferred from the Woodlawn Park Development Project to the Woodlawn Park Public Improvements Plan and Survey. These funds would be granted to the City by the County for project implementation. The ~8,000 placed in the Local Option Account will be available to be transferred to another CDBG eligible project in Montgomery once it is identified. Councilman Moore questioned the amount of funds allocated for the Woodlawn Park landscaping and recreational facilities. He said he was concerned that the staff would select a project, get the funding for it and then find out that the people in the area do not want it. Mayor Cox noted there will be a Community Forum meeting at Woodlawn Park on March 31 and this issue can be brought up. Assistant Community Development Director Gustafson stated that timing is of the essence since the Board of Supervisors has been pressuring staff for an answer (by February 28) Or they will transfer that money to any other project in the County of San Diego. RESOLUTIONS OFFERED BY COUNCILMAN MOORE, the reading of the texts was waived by unanimous consent, passed and approved unanimously. 7. RESOLUTION 12933 APPROVING ENCROACHMENT PERMIT NO. PE-084 - FOR MONUMENT SIGNS TO BE PLACED IN CITY OPEN SPACE IN BONITA LONG CANYON UNIT III (Director of Public Works/City Engineer) McMillin Development applied for an encroachment permit by letter to construct one monument-type identity sign on the southeast corner of Corral Canyon Road and Coltridge Lane and a similar sign identifying the entrance to the City park on the southwest corner. If the encroachment is approved, it is proposed that City Department of Parks and Recreation crews will maintain the planter area (approximately 158 square feet) in the parksite. The Director of Parks and Recreation has indicated agreement with this proposal. The other planter (approximately 80 square feet) will be maintained by the Open Space Maintenance contractor for the City. The maintenance of the monument signs will be the responsibility of the applicant, McMillin Development. The Planning staff has reviewed the plans for the locations and construction of the signs and concurs with the proposal. Minutes 10 - March, 10, 1987 Councilwoman McCandliss questioned the height and square footage of the monument signs. She further questioned who was responsible for designing the park site monument sign. Whether that would, in fact, follow the lettering of the subdivision sign. Director of Public Works/City Engineer Lippitt stated it would. Mr. Ron Elliott, representing McMillin Development Company, submitted pictures of the proposed monument signs which have been submitted to the City for approval. There is a blank space on one of the signs to put in the name of the park once it has been determined. In answer to Councilman Malcolm's question, Director Lippitt stated that the City will be responsible for maintaining the planter box and landscaping around the sign. Councilman Malcolm advised staff to look into the maintenance portion when they review the sign permits. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8a.RESOLUTION 12934 STATING COUNCIL'S INTENTION TO RESERVE DEVELOPMENT CREDITS FOR RANCHO DEL REY PARTNERSHIP (Director of Public Works/City - Engineer ) b. RESOLUTION 12935 APPROVING SECURITY AGREEMENT FOR CONSTRUCTION OF "H" STREET BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY AND AUTHORI ZING THE MAYOR TO EXECUTE SAID AGREEMENT c. RESOLUTION 12936 MAKING FINDINGS ON PETITION d. RESOLUTION 12937 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF SPECIAL ASSESSMENT DISTRICT 87-1 e. RESOLUTION 12938 APPROVING AND AUTHORIZING EXECUTION OF SPECIAL ASSESSMENT DI STRICT ACQUISITION/FINANCING AGREEMENT Director of Public Works/City Engineer Lippitt explained that in accordance with the Development Agreement for EastLake, issuance of building permits had been stopped. The Facilities Financing Plan, which was a part of the SPA approval for EastLake, provided that only a certain number of building permits could be issued prior to the commencement of construction for four lanes of pavement on East "H" Street between 1-805 and Otay Lakes Road. Minutes 11 - March, 10, 1987 Although the widening of East "H" Street in this location is ultimately the responsibility of Rancho Del Rey, EastLake needs to have the road under construction in order to receive further building permits. McMillin Development Company (MDC) has agreed to complete the pla~s, get a permit, and construct the drainage and grading improvements ahead of any tentative map approvals for their development. They have also requested that the City do a feasibility study to complete the six lanes of East "H" Street between Tetra Nova and Buena Vista by using an assessment district over their properties. Mr. Ken Baumgartner, 2727 Hoover Avenue, National City 92050, representing McMillin Development Company, spoke in support of the resolutions. They are prepared to begin construction on East "H" Street tomorrow; realize they are taking a certain amount of risk in starting this roadway and discussed why the improvements are being put in at this time: EastLake can go forward, McMillin's projects can receive favoraDle consideration and the road improvements will address 'the concerns of regarding traffic in that area. Councilman Malcolm questioned the bonds being put up by EastLake and McMillin. He stated he has a problem that with McMillin grading the roadway, if their plans do not get approved on time, who will be responsible for putting in the paving? City Attorney Harron noted that McMillin's SPA plans will be presented to Council in August and if approved, they will complete the paving; however, if not, then the City will force EastLake to complete the paving. Councilman Malcolm reiterated that he wants to be assured East "H" Street will be put in and paved. If EastLake is going to pay for it he would like to see that spelled out in the agreement. The infrastructure should be in place before any of this development takes place. Councilman Malcolm further indicated another of his concerns was to get back the City's ~1 million in this assessment district which staff reports will come from a future agreement. Mr. Baumgartner stated that they perceive the paybacks of the City on the of East "H" Street agreement was predicated on the development of the project which will be paid back at building permit time as the project develops. Councilman Malcolm discussed the traffic trips which will be (gas tax funds). He asked the City Manager whether or not the agreement should be approved tonight and if the City would be losing any negotiating position to not get back the money. Minutes - 12 - March, 10, 1987 City Manager Goss stated that the resolution reflects the 1980 agreement which is still in effect and the City will, in fact, get back the money at a later date. He recommended Council approve the resolution. Director of Public Works/City Engineer Lippitt stated that EastLake II has a bond and the worse condition would be for the City to foreclose on those bonds which would give them a bad credit rating. EastLake will not let this happen since they have a number Of building permits which can be released. Mr. Don Lindberg, 4201 Bonita Road, Bonita, representing Pearson Planning, stated he has been before the Council numerous times concerning developer fees and the assessments charged to his client for Telegraph Canyon Road; he objects to having the developer included in the moratorium and objects to the assessment quoted by the Willdan Study for his client which is under his client has had this property in escrow 5 times in the last 3 years; it is presently again in escrow and will close on May 1. RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts was waived by unanimous consent, passed and approved unanimously. 10. RESOLUTION 12939 APPROVING AN AMENDMENT TO A CONTRACT WITH JHK & ASSOCIATES FOR DEVELOPMENT OF THE CIRCULATION ELEMENT FOR THE GENERAL PLAN AND APPROPRIATING FUNDS (Director of Public Works/City Engineer) In November 1986, Council awarded a contract to the firm of JHK & Associate to update the Circulation Element of the General Plan. At that time, it was assumed that certain necessary portions of the work for this update would be done through SANDAG. Since then, the SANDAG work program and staff time commitment's have expanded to where they cannot provide some of the necessary services to meet the City's project's time schedule. Approval of the attached amendment to the consultant's contract will permit the General Plan Update to proceed on schedule. The recommendation was that Council: 1. Approve the amendment to the contract for the preparation of the Circulation Element of the General Plan; and 2. Appropriate $30,000.00 from the unappropriated balance of the EastLake I Development Impact Fund for the additional work. Minutes 13 - March, 10, 1987 Councilwoman McCandliss questioned when the City went out with the RFP'S was it stated that the traffic work would be done by SANDAG and it should not be considered as part of the proposal or did this particular applicant come in with a proposal for less money because of SANDAG doing this work. Director of Public Works/City Engineer Lippitt explained the way the RFP'S were advertised informing the people interested to send the City their statement of qualifications. They did not get into any dollars and cents on the projects; the applicants were interviewed and once the applicant was selected, the negotiations for the final terms were determined. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved with Mayor Cox away from the dais at this time. 13. REPORT PUBLIC INFORMATION SALES TAX SHEET (Deputy City Manager) At its February 17, 1987 meeting, the City Council directed staff to develop a fact sheet that could be distributed to the public explaining the importance of sales tax to the City's ability to provide municipal services. The fact sheet has been submitted to City Council for approval. Councilwoman McCandliss said she has concerns regarding the statement on the fact sheet regarding the justification for the Chula Vista Shopping Center. Instead of the word "support" she recommended the word "encourage" be put in in its place. Public Information Coordinator Mark Cox explained that staff is proposing 1,000 copies be printed at this time and distributed. If further copies are needed it can be done in-house. Councilman Moore indicated it should be more than 1,000 as the cost is not that much greater going over that amount. Council discussion followed regarding concerns with the timing and the distribution of this fact sheet; the public hearing being held on the close of Fifth Avenue on March 17 which is next Tuesday; and that it is a fact sheet which should go out on an on-going basis. MS (Moore/McCandliss) to file this staff recommendation. Further Council discussion concerned the importance of the fact sheet going out to the residents, most of whom do not understand property taxes and sales taxes and the benefits of services to the City based on these taxes. Minutes - 14 - March, 10, 1987 City Manager Goss spoke against the motion to file since he felt the fact sheet was a needed document that should be distributed and asked Council to proceed on this. Councilwoman McCandliss remarked her only concern was the number of these sheets to be presented and distributed throughout the City by next week. She did not want to "feed the emotions" of the people on the issue of the closure of Fifth Avenue. Councilman Malcolm stated he is voting against that motion since the EIR shows that Fifth Avenue should not be closed; however, both sides of this issue will be presented at the March 17 meeting along with the financial aspects. He does not have any problem with getting the fact sheet out to the residents. SUBSTITUTE MOTION MSUC (Cox/Nader) to accept the report and authorize staff to take all appropriate steps to disseminate this information to the community and that it be on an on-going effort to educate and inform the residents of Chula Vista of the importance of sales tax and the services that are either directly and indirectly provided by the City as a result of the very strong sales tax base. Councilwoman McCandliss asked that the last sentence in the report be revised to put in the word "patronizing " rather than "supporting." Mayor Cox stated he would include this in the motion. Councilman Nader agreed to the second. 15. REPORT OF THE CITY MANAGER a. City Manager Goss noted there will be a groundbreaking ceremony tomorrow for the improvements on East "H" Street. 16. MAYOR'S REPORT None. 17. COUNCIL COMMENTS a. Councilman Moore discussed the League of California Cities' position regarding the legislation to increase the parking and moving vehicle fines. This is being pursued by the Board of Supervisors. Councilman Moore asked that the City Attorney take a lead on this and come back with a resolution to have the League vote On it. Minutes - 15 March, 10, 1987 b. Councilman Moore noted the March 23 ceremony for presenting the City flags and the previous Council action for the City to buy a certain number of flags and have them for distribution and sale to the public as replacements. Since there is a local vendor now, Councilman Moore asked that that previous motion be rescinded to allow the local manufacturer to sell these flags. MSUC (Moore/Malcolm) for the City Council to revise their previous action and to allow the local manufacturer to sell the flags and that the City carry only an amount for their own replacement program. c. Councilman Malcolm gave a legislative report stating that the 3 members of the Committee are in full support of opposing SB 4 and for support of ACA 4 (Moore). As to SB 142 (Deddeh) Local Transportation Authority Bill, Councilman Malcolm stated the 2 members are supporting this; however, he is opposing it. He does not support increasing sales tax to build more roads in San Diego. Proposition 13 stated that any new tax increase~ need a 2/3 vote of the people; however, this will be done through SANDAG which is the tax entity and Chula Vista should not participate in it; therefore, he is opposed to this. MSUC (Moore/Nader) to support SB 4 (Presley) Wildlife and Natural Areas Conservation Bond Issue and oppose ACA 4 (Moore) Sales and Use Tax Limitations. MSC (Cox/Moore) to accept the recommendation of the Legislative Committee on SB 142. Councilman Malcolm voted "no." d. Councilman Malcolm stated he met with the representatives of Cox Cable and they are willing, as a benefit to the City, to televise the meetings. He has negotiated with them to bring down the price from $60,000 to $16,500 for a 6 month period of time. All of the meetings can be televised. Councilman Malcolm added that he would like to see Council appropriate the necessary funds; it is not a large amount and he feels the program will be quite successful. Councilman Malcolm also noted that besides the Council meetings they can televise the Calendar of Events in the City and other Board and Commission meetings. Councilman Nader questioned whether dimmer lights could be used. Minutes - 16 - March, 10, 1987 Public information Coordinator Cox noted that this was a high quality type of camera and that Cox Cable would have to bring in a van. The picture would be better and the whole program would be of a high quality if this could be done. MSUC (Malcolm/Moore) to refer this item back to staff for a report on different costs to broadcast the City Council meetings for a period of 6 months, either for 4 meetings a month or for the first and third meetings of every month and to include Councilman Nader's concern regarding the type of camera, the lighting and quality. d. Councilman Malcolm said he received a call last week complaining of the processing of plans in Chula Vista. An applicant is putting in a building on Parkway and "G" Street, along Third Avenue. After his plans were processed, he was told he had to put in two fire hydrants. He felt the City should have let him know about this prior to the completion of his plans. City Manager Goss stated he will look at that specific case since the processing of plans in the City should have covered this. Deputy City Manager Morris noted that in some cases, as many as 6 sets of plans are presented to the City and this may be one of those cases. e. Councilwoman McCandliss discussed the Council's action at the last meeting regarding the Statue of Liberty statue at the pizza parlor at 1419 Hilltop. She read in the newspaper the next day that although Council gave Mr. Putras 4 months keep the sign up so that he could recoup the amount of money paid for it, he has stated that he will go to court on this in order to keep the sign up. Councilwoman McCandliss asked that this be brought back as an agenda item for Council reconsideration to abate the sign which will give Mr. Putras 30 days after which he can go to court thereby saving him a certain amount of time. f. Councilwoman McCandliss noted that there was an item on the Board of Supervisors last week regarding a Chula Vista item: Amendment to Assignment of Rents and Ground Lease Document - County's Multi-family Housing Revenue Bonds - Home Fedral Program - City of Chula Vista. Assistant Community Development Director Gustafson explained the County had issued the bonds on the project on Orange Avenue, a community project. Although the area has now been annexed, the City is still not responsible for the bond issue. Minutes - 17 - March, 10, 1987 e. Mr. Pendergraft reminded the Council that Mr. Putras could not speak English very well and needs an interpreter for the next meeting. City Manager Goss noted that there will be a staff person who will act as an interpreter at the next meeting. h. Councilman Nader complimented the City Manager and the Risk Manager regarding their action taken for the agreements to use the swimming pools for the high school meets which start this Thursday. i. Mayor Cox noted that there will be no need for a Closed Session for either the City Council or Redevelopment Agency meeting tonight. MSUC (Cox/Moore) to schedule a joint City Council/Redevelopment Closed Session for Tuesday, March 17,1987 at 6 p.m to discuss the following litigations: Sierra Club v. Coastal Commission, Sierra Club v. Marsh and Potential Litigation. ADJOURNMENT AT 9:33 p.m. to the regular meeting of March 17, 1987. nnle M. Fulasz, C lerk 0982C