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HomeMy WebLinkAboutcc min 1987/04/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 21, 1987 Council Chamber 7:30 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, McCandliss, Malcolm (late) MEMBERS ABSENT: Councilman Moore STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Assistant City Attorney Rudolf 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 meetings of March 24 and April 7 and 14, 1987. Councilman Nader asked for corrections to the minutes of April 14. He asked that his motion also reflect that a tighter ordinance be brought back for loitering and for a staff report on other recommendations that the Council can take to facilitate the Police efforts to combat gang activities in the City. Councilwoman McCandliss stated she would be abstaining on the minutes of March 24, since she was not present at that meeting. Noting Councilman Malcolm had not arrived, Mayor Cox said he would trail this item. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - PROCLAIMING THE WEEK OF APRIL 19-25, 1987 AS "NATIONAL SECRETARIES WEEK" The Proclamation was presented to Belva Shimanek, Executive Secretary to the Chairman of the Board of Rohr Industries. b. PROCLAMATION - PROCLAIMING FRIDAY, APRIL 24, 1987 AS "ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS' (AEP) DAY" The Proclamation was presented to Mr. Ken Andrecht, Vice President of the San Diego Chapter for the Association of Environmental Professionals. Minutes - 2 - April 21, 1987 c. PROCLAMATION - PROCLAIMING SATURDAY, MAY 9, 1987, AS "FIRE SERVICE RECOGNITION DAY" The Proclamation was presented to Fire Engineer Terry Koeper of the Chula Vista Fire Department. CONSENT CALENDAR (3a - 20) Items pulled: 6, 7, 11, 12 and 16 MSUC (McCandliss/Nader) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR SUPPORT OF AB 1488 (APPROPRIATION OF FUNDS FOR REPAIR OF BIG BEAR LAKE DAM) Mayor pro Tempore Norman Reinik, Jr., City of Big Bear Lake, P.O. Box 2800, Big Bear Lake, CA 92315 This is a request from the Mayor of the City of Big Bear Lake, requesting support for AB 1488 (Leonard) in order to achieve ~4 million in grant funds from he Department of Water Resources and ~2 million for State Transportation Funds to reconstruct the dam at Big Bear Lake. MSUC (McCandliss/Nader) to receive and acknowledge the letter. b. PETITION REQUESTING INCREASED POLICE PROTECTION AT 700 BLOCK OF ANITA STREET - Employees of Century Original, Inc. ~767 Anita St., Ste. E, Chula Vista CA 92010 MSUC (McCandliss/Nader) to receive and acknowledge letter; Council to receive informational report. c. REQUEST FOR REPORT ON EMERGENCY CONTINGENCY PLAN FOR CHULA VISTA - Paul Kincade, 715 Nolan Avenue, Chula Vista CA 92010 This letter raises two issues, one concerning the status of negotiations with the Americah Legion regarding making improvements to their building and the other issue pertains to the status of the City's Emergency Preparedness Plan. The City Manager reported there are currently ongoing discussions with the American Legion regarding the requirements for improvements to the building under their lease and an alternate proposal which has been formulated by the Legion. There will be a report to the Council when those discussions come to a conclusion. Councilman Nader requested that a copy of that report be sent to Mr. Kincade. Minutes - 3 - April 21, 1987 Regarding the City's Emergency Preparedness Plan, one of the goals of the Public Safety Director this year is to update that plan which is expected to be accomplished during the next few months. MSUC (McCandliss/Nader) to receive and acknowledge letter. d. CLAIMS AGAINST THE CITY - Ms. Anne Meyers, c/o 3115 Fourth Avenue, San Diego, CA 92103 The claim in the amount of 4500,000 alleges employee misconduct by a Community Transit Services bus driver. The agreement between CTS and South Coast Organization Operating Transit (SCOOT) contains a hold harmless clause and provides for indemnification. MSUC (McCandliss/Nader) to deny the claim. 1. APPROVAL OF MINUTES for the meetings of March 24 and April 7 and 14, 1987. MSUC (Cox/Nader) to approve the minutes as corrected. 4. REPORT REGARDING THE CHANGEABLE MESSAGE SIGNS ON OTAY LAKES ROAD AT BONITA VISTA JUNIOR HIGH SCHOOL (Director of Public Works/City Engineer) At the February 24, 1987 meeting, Mr. Bruce A. Sanderson, M.D., expressed his concerns regarding the changeable message signs on Otay Lakes Road at Bonita Vista Junior High School. Mr. Sanderson was concerned that there is no warning that these signs change from 40 mph to 25 mph and that this change in the speed limit can easily be missed. He suggested that signs be posted in advance of the speed limit signs that state when the speed limit signs change to 25 mph. The Traffic Engineering staff, having investigated the conditions existing on Otay Lakes Road, found that the changeable message signs are operating as intended. They reported that the flashing yellow lights mounted on the signs are sufficient to attract the attention of the driver at those times when the speed limit is 25 mph and that only additional police enforcement will reduce vehicle speeds in this area. The Traffic Engineering staff recommended no changes be made to the current signing on Otay Lakes Road in the vicinity of Bonita Vista Junior High School. The Safety Commission concurred with staff's recommendation. Minutes 4 April 21, 1987 5. REPORT REGARDING WRITTEN COMMUNICATION FROM GARY A . MACKLER, COMMUNITY ASSOCIATION MANAGER, PROPERTY MANAGEMENT ASSOCIATES, REGARDING CONCERN FOR SAFETY OF MOTORISTS TRAVELING NEAR OTAY LAKES ROAD AND APACHE DRIVE (Director of Public Works/City Engineer) At the meeting of March 10, 1987, Council considered the request of Mr. Gary ~. Mackler, representing the Charter Point Homeowners Association identifying problems for motorists to get into and out of Apache Drive at Otay Lakes Road which are caused by parked vehicles. The Homeowners Association requested installation and enforcement of certain parking restrictions and lane divider lines or barriers. Staff has reviewed this matter with Mr. Mackler and agree with the installation of approximately 100 feet of "No Parking" restrictions on both sides of Apache Drive immediately west of Otay Lakes Road to improve traffic flow and safety. The Police Department has been advised of this restriction and will provide enforcement after the installation. It was also decided not to add any lane divider lines or barriers at this time. 6. REPORT REGARDING ORAL COMMUNICATION REQUEST FROM VERNON PENDERGRAFT, 1 KINGSWOOD DRIVE, FOR FOUR-WAY STOP SIGNS BETWEEN PALOMAR AND ORANGE AVENUES (Director of Public Works/City Engineer) Pulled from Consent Calendar. 7. REPORT REGARDING REQUEST FROM RICE ELEMENTARY SCHOOL PTA FOR THE INSTALLATION OF LEFT-TURN SIGNALS AT THE INTERSECTION OF FOURTH AVENUE AND "L" STREET (Director of Public Works/City Engineer) Pulled from Consent Calendar. 8. REPORT REGARDING CONTRACTING WITH COX CABLE FOR TELEVISING COUNCIL MEETINGS FOR A TRIAL PERIOD (Deputy City Manager) The City Council, at its meeting of March 10, 1987, directed staff to prepare a report that would delineate the details of a six-month contract with Cox Cable for televising Council meetings. Council directed that the report address the incremental cost of using low-light cameras instead of standard industrial-quality cameras needing intense lighting, and the cost of televising two Council meetings per month as opposed to all four meetings. Minutes - 5 - April 21, 1987 Deputy City Manager Thomson reported that Cox Cable has proposed to televise all regular meetings, regardless of length, for ~750 per meeting. Using calendar year 1986 experience, it would have cost $33,000 to televise all 44 meetings, plus about $3,500 to prepare the Chamber. This alternative would involve the use of two standard cameras requiring high-intensity lighting. The County Office of Education proposed to televise all Council meetings at a cost of ~880 for the first two hours and ~5.00 for each additional minute. Three standard cameras requiring high-intensity lighting, video switcher, character generator, and related equipment would be brought to the Chamber for the location shooting. Using actual experience from CY 1986, a cost of $55,050 would have been required for televising all 44 meetings. An additional $3,500 would be required to prepare the Council Chamber for this alternative. Staff recommended the following to evaluate the effectiveness of televising the meetings: 1. Monitoring anecdotal feedback from citizens by Council members and City staff; 2. Encouraging viewers to call or to write the City and express their opinions about the program, possibly including a call-in during one or more broadcasts; and 3. Attaching short survey forms to the Public Agendas made available at Council meetings. The survey could ask such questions as whether they had previously watched any televised Council meetings and whether their presence at the Council meeting that night had resulted from watching a televised meeting. 9. REPORT DRIVER EDUCATION/SPEEDING PUBLIC INFORMATION PROGRAM (Deputy City Manager) At its Council Conference on October 30, 1986, the Council accepted a report on methods to reduce the amount of speeding in the City. Staff's report details ways to implement the public information aspects of the program. The recommendation was that Council approve the public information implementation plan which includes: 1. Continued emphasis on safety training at the elementary and high schools; 2. Aggressively publicizing the dangers and cost of speeding through the City newsletter and area newspapers; Minutes 6 April 21, 1987 3. Submitting driving safety tips to the Star-News for publications on a periodic basis. 4. Developing anti-speeding public service announcements for television and radio; 5. Producing and distributing a letter through the various schools that students would take home to parents; and 6. Producing and distributing bumper stickers reinforcing the anti-speeding effort. 10. REPORT CABRILLO LANES/BAYFRONT TROLLEY STATION (Community Development Director) ~he Bayfront Trolley Station plan (Phase II) calls for the removal of the Cabrillo Lanes Bowling Alley and the construction of at-grade parking spaces for 131 vehicles. Presently, the City/County joint venture is in negotiations to purchase the bowling alley land and building. The feasibility study which was conducted prior to selecting the trolley site estimated a period of 2 to 5 years where both the Bowling Alley and the visitor center/trolley station could co-exist. This estimate was based on projected parking demand at the site. The income from the Bowling Alley of approximately ~4,000 per month now goes to offset maintenance and operation costs of the station. The current number of parking spaces (160) is inadequate to serve transit and Cabrillo Lanes patrons on a long-term basis. Staff reports that planning should begin now to provide a minimum of 131 more spaces (291 total) if Cabrillo Lanes is moved, Or a minimum of 291 additional spaces (451 total) if Cabrillo Lanes is not moved. The recommendation was to inform the Board of Supervisors that it is the City's opinion that the original plans should be followed and the Bowling Alley should cease operation at the site by January 1989. The City-County Bayfront Station Project Steering Committee (PSC) met March 23 and recommended that the County and City attempt to find a suitable relocation site for Cabrillo Lanes; and further, that if by January 1988 such a location cannot be found then staff should evaluate the utilization of a portion of the City Yard for the construction of a parking structure. 11. RESOLUTION APPROVING THE MODEL FOR THE NATURE INTERPRETIVE CENTER SCULPTURE (Community 'Development Director) Pulled from Consent Calendar. Minutes - 7 - April 21, 1987 12. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA LONG CANYON PARTNERSHIP TO NOT PROTEST THE FORMATION OF AN UNDERGROUND DISTRICT AT THE SITE OF A PROPOSED CHURCH ON OTAY LAKES ROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works/City Engineer) Pulled from Consent Calendar. 13. RESOLUTION 12997 APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 87-5 (ORANGE TREE MOBILEHOME PARK) (Director of Public Works/City Engineer) On December 12, 1986, by Resolution 12842, Council approved the Tentative Map for the Orange Tree Mobilehome Park Subdivision. Among the conditions of approval of the Tentative Map was the requirement that the Developer construct street improvements in Orange Avenue and install fire hydrants within the subdivision. The developers have executed a subdivision improvement agreement in which they agree to install the required improvements. 14. RESOLUTION 12998 APPROPRIATING ADDITIONAL FUNDS FOR COORDINATION PROJECT AMONG HANDYTRANS, STARLIGHT CENTER AND THE REGIONAL CENTER FOR THE DEVELOPMENTALLY DISABLED (Director of Public Works/City Engineer) The FY 1986-87 Elderly and Handicapped Transit budget contains 979,550 in Account 236-2360-5298 (Other Contractual Services) to provide transportation service to Regional Center clients attending Starlight Center. The City of Chula Vista (HandYtrans) is reimbursed the total cost of this service by Regional Center. Because of a rate increase approved by the State of California for this service in February 1987, and additional miles operated this fiscal year, the cost of this service is estimated to increase from the budgeted amount of ~79,550 to 9117,000. The recommendation is that Council appropriate additional Regional Center funds in the amount of 937,500 to Account 236-2360-5298 (Other Contractual Services) for the coordination project among HandYtrans, Starlight Center and Regional Center. 15. RESOLUTION 12999 AUTHORIZING WAIVER OF BICYCLE LICENSING FEES FOR PARTICIPANTS IN THE ALL-BICYCLE RODEOS (Director of Public Works/City Engineer) Minutes - 8 - April 21, 1987 Ordinance No. 2109 has previously authorized the waiving of bicycle license fees for events such as the annual "Bicycle Rodeos" sponsored by the Chula Vista Police Department. This year's "Bicycle Rodeos" are scheduled for Saturday, May 2, 1987 at Rice Elementary School; Saturday, May 9, 1987 at Hilltop Drive Elementary School; Saturday, May 16, 1987 at Loma Verde Elementary School and Saturday, May 30, 1987 at Tiffany Elementary School. The recommendation is to waive bicycle licensing fees to all participants during the four scheduled Bicycle Rodeos. 16. REPORT ON POLICY DECISIONS REGARDING BONITA ANNEXATION (Assistant City Manager) Pulled from Consent Calendar. 17. REPORT ON APPLICATION FOR CALIFORNIA LIBRARY SERVICES ACT GRANT FUNDS FOR LITERACY SERVICES IN CHULA VISTA (Library Director) The Chula Vista Public Library wishes to file an application by April 30, 1987 for annual grant funds in the approximate amount of ~65,000 to provide financial assistance in establishing adult literacy services in Chula Vista. The California Literacy Campaign monies are specially earmarked California Library Services Act (CLSA) funds (State) awarded as part of a five year financial assistance plan. If granted, the funds would be used to develop literacy awareness and to hire staff and maintain a rented office to serve as a central clearinghouse for literacy services in Chula Vista. The Program will recruit volunteer tutors who will provide English language literacy services to adult students who speak English as their primary language. It is the Library's intent to form a partnership with the Altrusa Club of Chula Vista and the Chula Vista Adult School to create a Chula Vista based, adult literacy program. The Chula Vista program will be similar to Project READ, the successful literacy program based in National City. 18. ORDINANCE 2199 REPEALING SECTIONS 13.64.020 ET SEQ. OF THE MUNICIPAL CODE RELATING TO THE ABATEMENT OF PUBLIC NUISANCES IN CONNECTION WITH WATER COURSES - SECOND READING & ADOPTION (City Attorney) This is a technical amendment to delete enforcement procedures superseded by the enactment of Chapter 1.30 of the Municipal Code relating to enforcement regarding public nuisances. The ordinance was placed on first reading at the meeting of April 14, 1987. Minutes 9 April 21, 1987 19. ORDINANCE 2200 AMENDING SECTION 2.04.020 OF THE MUNICIPAL CODE DEALING WITH MEETINGS TIME AND PLACE TO CANCEL THE CITY COUNCIL MEETING DURING THE WEEK PRIOR TO EASTER - SECOND READING & ADOPTION (City Attorney) The proposed amendment to City Code Section 2.04.020 accomplishes the cancellation of the Council meeting during the week prior to Easter and allows Council to reinstitute this meeting if necessary by either a resolution or motion. The ordinance was placed on first reading at the meeting of April 14, 1987. 20. ORDINANCE 2201 AMENDING SECTION 6.20.020 OF THE MUNICIPAL CODE RELATING TO DOG LICENSES - SECOND READING & ADOPTION (Director of Finance) The ordinance complies with new State regulations which became effective on February 26, 1987. Along with the implementation of a three year dog license, a slight increase was instituted in and one and two year license fees. The ordinance was placed on first reading at the meeting of April 14, 1987. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 21. PUBLIC HEARING REQUEST TO INITIATE MUNICIPAL CODE CHANGES AUTHORIZING NIGHTCLUBS AND DISCOS FOR MINORS, OPERATED BY FOR-PROFIT ORGANIZATIONS (Continued from meeting of February 24, 1987) (Director of Planning) ORDINANCE AMENDING SECTIONS 5.26.240 THROUGH 5.26.280, 5.26.330, 5.26.420 AND 5.26.-430 AND REPEALING SECTION 5.26.410 TO ALLOW OPERATION OF YOUTH DANCES FOR-PROFIT ORGANIZATIONS Director of Planning Krempl asked that this item be continued for an indefinite period of time, pending receipt of comments and recommendations from the Parks and Recreation Department on the subject. MSC (Malcolm/McCandliss) to table this item with the understanding that staff will bring this back. Councilman Nader voted "no." Minutes 10 - April 21, 1987 22. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT APPLICATION NO. 010 FOR NATURE INTERPRETIVE CENTER 2-INCH AND 8-INCH HIGH LINE WATER SERVICE (Continued from meeting of April 14, 1987) (Community Development Director) RESOLUTION 13000 ISSUING A COASTAL DEVELOPMENT PERMIT FOR NATURE INTERPRETIVE CENTER 2" AND 8" HIGHLINE WATER SERVICE Community Development Director Desrochers explained that the permanent water service to the Nature Interpretive Center will be constructed with the south levee road improvement. Until that project is implemented, temporary domestic water and fire service needs to be extended to the Nature Center. A plan for a temporary highline (above ground) facility has been prepared by Rick Engineering and is being presented for Agency and City Council consideration. This plan is presented to the Agency for approval prior to soliciting construction bids. The highline plan has been reviewed by the City Engineer and the project is exempt from CEQA Environmental Review under Section 15302 Class 2(c). Mayor Cox stated that he talked to Mr. Jim Hobel this morning and Mr. Hobel pointed out there is going to be a 4" PVC line running up to the levee road and then picks up with a cast iron line going across the levee road. The Mayor asked whether staff has looked into this alternative. Director Desrochers stated that the Consultant Engineer and the Sweetwater Authority examined how best to serve this Nature Center and they want to do it at a reasonable cost. Councilman Malcolm remarked that the 4" PVC line cannot function well under pressure because it splits and breaks. He cautioned having a $2 million Center out there and a water line that would not be able to put out the fire if there was one. There being no public testimony either for or against, the hearing was closed. Mayor Cox noted that the 4" PVC line is all underground and he questioned whether staff had any other alternatives for the solution. Director Desrochers responded that attempts will be made to salvage as much pipe as possible and that the pipe will be permanent at that point when it leaves the levy road onto the Interpretive Center. He will check into the 4" pipe, however to see if it can be incorporated. Minutes - 11 - April 21, 1987 RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 23. ORAL COMMUNICATIONS Mr. Edward Albrektsen, 180 East Naples, Chula vista, questioned the Council on having the burnt-out building remain at Hilltop and Naples Streets stating it is an "eyesore." City Manager Goss stated that the owner was given a 30-day period to abate this nuisance after which the City can take legal action. MSUC (Cox/McCandliss) for staff to come back with a written report and notify Mr. Albrektsen of this report. Councilwoman McCandliss asked that the staff report include a status report on the Council's ability to take any immediate action. PULLED ITEMS 6. REPORT REGARDING ORAL' COMMUNICATION REQUEST FROM VERNON PENDERGRAFT, 1 KINGSWOOD DRIVE, FOR FOUR-WAY STOP SIGNS BETWEEN PALOMAR AND ORANGE AVENUES (Director of Public Works/City Engineer) Deputy Director of Public Works Tom Garibay presented slides showing the location in question. He explained that at the meeting of March 10, 1987, Council referred an oral communication from Mr. V. L. Pendergraft, expressing concern regarding the speed of motorists on Hilltop Drive between Palomar Street and Orange Avenue, to staff and the Safety Commission for review and a report. Specifically, the Council requested that staff address Mr. Pendergraft's concerns for traffic controls as they relate to left-turn turnouts, stop signs, stop bars and double yellow lines. Staff's investigation of the accident records, parking and traffic conditions reveal that neither traffic signals nor all way stop signs be installed at the Hilltop Drive and East Reinstra Street intersection, and that left-turn lanes be installed and parking be prohibited on Hilltop Drive in proximity to E. Reinstra Street and Kingswood Drive. The Safety Commission concurs with staff's recommendation. Mr. Garibay noted that there are 12,160 vehicles traveling Hilltop per day and 3,320 on Reinstra; there have been 17 accidents in the past 3 years; a signal will be installed at this intersection in September 1987. He then showed plats noting the traffic signalizations in that entire area; the turning counts on Hilltop and Reinstra and traffic striping. Minutes 12 - April 21, 1987 Mr. Pendergraft thanked the Council and staff for consideration of this item and said he will wait to see how this will come out. MSUC (Nader/McCandliss) to accept the report and staff recommendations. 7. REPORT REGARDING REQUEST FROM RICE ELEMENTARY SCHOOL PTA FOR THE INSTALLATION OF LEFT-TURN SIGNALS AT THE INTERSECTION OF FOURTH AVENUE AND "L" STREET (Director of Public Works/City Engineer) At its meeting of February 17, 1987, the City Council referred a written request from the Rice Elementary School PTA for the installation of left-turn signals at the intersection of Fourth Avenue and "L" Street to staff and the Safety Commission for study and report. This intersection was one of 19 signalized intersections throughout the City which were recently studied and evaluated for left-turn phasing. Intersection traffic characteristics and accident analysis indicates that left-turn phasing should not be installed at this location at this time. The recommendation was that Council accept this report recommending that left-turn phasing not be installed at this intersection at this time, and that this request be reviewed with the Left Turn Phasing List for the 1987-88 CIP. The Safety Commission at its regular meeting on March 9, 1987, considered a motion to recommend the installation of left-turn phasing at the intersection of Fourth Avenue and "L" Street. The motion failed 3-4. In answer to Councilwoman McCandliss' question, Mr. Garibay stated the cost under the fiscal impact of $70,000 includes the left-turn phasing installations. He then showed graphs noting the left-turn ratios on "H"/Fourth and Fourth/"L" taken at a peak time (4:30 to 5:30 p.m.). He also referred to a 'graph noting the collisions occurring during the last 3 years. In answer to Councilman Malcolm's query, Mr. Garibay stated it would be difficult to install "no left-turns" signs at this intersection due to its safety hazard and the school in the area. MSC (McCandliss/Malcolm) to accept the report and staff recommendations. Mayor Cox was out. 11. RESOLUTION 13001 APPROVING THE MODEL FOR THE NATURE INTERPRETIVE CENTER SCULPTURE (Community Development Director) Minutes 13 - April 21, 1987 The approved Nature Interpretive Center construction plans included a sculpture in the center of the access road cul-de-sac. The Nature Interpretive Center Architect Tony Cutri presented a model of the proposed sculpture at the meeting. The $5,000 for this 15 foot high sculpture has already been set aside in the Nature interpretive Center interior exhibits budget. It will be installed in the "turn-around" road. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION 13002 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA LONG CANYON PARTNERSHIP TO NOT PROTEST THE FORMATION OF AN UNDERGROUND DISTRICT AT THE SITE OF A PROPOSED CHURCH ON OTAY LAKES ROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works/City Engineer) In March 1986, a tentative parcel map was approved for the creation of a separate lot from Bonita Long Canyon, Unit No. 2. This new parcel is intended for use as a church site. One of the conditions of approval of the tentative map is the requirement to underground the existing overhead utilities along the frontage of the property. The developer, McMillin Development, applied for a deferral and a public hearing was held on February 17, 1987. Staff was directed to return with a resolution approving the deferral with an accompanying agreement. The agreement includes the condition that Bonita Long Canyon Partnership (present owners of the property) will be financially responsible for the cost of conversion of the subject overhead lines. In lieu of requiring the owners to tie up $60,000 in cash or, on the other hand, putting the City in a position of having to foreclose on church property to collect on the lien, it was recommended that the City Council approve acceptance of a surety bond as security. Mayor Cox asked the Assistant City Attorney for an opinion on a possible conflict of interest on his part. Assistant City Attorney Rudolf stated that the Mayor asked for advice as to whether or not the loan he co-signed involving property in Texas would require him to abstain from participating in any decision affecting Bonita Long Canyon. After researching this issue and discussing it with John McLean, a staff attorney for the Fair Political Practices Commission (FPPC), it is the opinion of the City Attorney's office that the Mayor does not have a conflict of interest in this matter and may participate. Minutes - 14 - April 21, 1987 Mayor Cox stated that he will be sending a letter out tomorrow to the FPPC regarding co-signing that loan and until such time as an opinion is forthcoming on this, he will abstain from issues involving Bonita Long Canyon. Mayor Cox left the dais at this time. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved with Mayor Cox abstaining. Mayor Cox returned to the dais. 16. REPORT ON POLICY DECISIONS REGARDING BONITA ANNEXATION (Assistant City Manager) The City Councilcontinued a 4/14/87 report on this item for more information relating to certain decisions and/or directions that need to be given relating to the Bonita reorganization. The recommendation was: 1. The City request the County Board of Supervisors to be the conducting authority for holding the required hearing on the reorganization. 2. That the Sweetwater Regional Park remain under the jurisdiction and control of the County of San Diego. 3. The the reorganization election costs be equally split between the City and the County. 4. That the presently constituted Sweetwater' Community Planning Group continue to function as the Bonita Planning Committee for the City, if the reorganization vote is favorable. Councilwoman McCandliss commented that the staff did present more detailed information regarding the Sweetwater Park but she still has difficulty splitting the election costs. She felt the County, being the conducting authority, should be liable for this cost.' Council discussion followed regarding the merits of the City participating in the election costs since the petition has gone to the County; compared this with costs of the Montgomery annexation; questioned the City Manager as to submitting a financial analysis study for this particular annexation. City Manager Goss stated he will be presenting a more detailed report in terms of operation; however, at this time, staff is requesting feedback from the Council pertaining to this particular annexation. Minutes - 15 - April 21, 1987 Councilman Malcolm remarked he would like to find out what the Capital Improvement needs are in the area; if the annexation is approved, how many more employees will be needed; would City Hall and the Public Services Building have to be renovated to accommodate these employees; how about parking for these employees. City Manager Goss noted that any additional personnel would probably be required in the Police and Fire Departments. Mr. Bud Pocklington, 656 Glover Place, Chula Vista, stated that when the Montgomery annexation came in, the people in Chula Vista had a great deal of concerns. Staff did a good job in informing the people of the improvements which would be put into that area noting the number of businesses from which revenues would pay for the improvements; however, for the Bonita annexation, he asked what are the advantages and disadvantages of this area coming into the City. In answer to Councilwoman McCandliss' question, Assistant City Manager Asmus stated that if the County refuses to pay the full cost of the election then ~he Council can at that time, if they do not approve of the annexation, also refuse to pay the cost and it will not be put on the ballot. The property tax is another issue that will have to be in the agreement. Councilman Nader questioned the Attorney as to whether or not the County, receiving a petition for the annexation, can legally refuse to pay the cost. Assistant City Attorney Rudolf stated he would check into this. MSC (Nader/McCandliss) to continue this item for 2 weeks for a report back from the City Attorney. Councilman Malcolm voted "no." MSC (Cox/Nader) to accept staff recommendations on 1 and 2; the issue of the election cost and property tax split - the budgetary impact of the annexation be brought back to the Council in 2 weeks as a report. Councilman Malcolm voted "no." Councilwoman McCandliss asked that her recommendation for a one year time for the effectiveness of the annexation also be addressed in the report. Councilman Malcolm cautioned the City Manager to take a close look at the financial aspects of bringing in this annexation. Bonita is a much larger area than Montgomery and the sales tax is not comparable. He asked where the difference in the monies will be made up. Minutes - 16 - April 21, 1987 24. REPORT OF THE CITY MANAGER a. City Manager Goss referred to the parking at the 800 block of Halecrest Drive. Staff is now advising that parking be prohibited on Halecrest between the shopping center and Telegraph Canyon Road. b. City Manager Goss stated that Perry Electric will be coming to the Council requesting a 10-day extension of time for putting in the improvements on East "H", Paseo del Rey and Hilltop Drive. This is due to delivery delays of the supplies they ordered. 25. MAYOR'S REPORT a. Mayor Cox reported he talked with Dr. Bill Nelson this morning who read the article in the Star News regarding the parasites in the Pepper trees. Dr. Nelson talked to Mr. Glen Scriven from the University of California, Riverside Biological Control Department, who will be down this month to look at the Pepper trees. He is suggesting that it might not be wise to spray the trees since it will wipe out all predators in the area, some of which are beneficial. He is concerned that before the City starts the program they will address this particular problem. MSUC (Cox/Malcolm) to refer this matter to staff to contact these people and to come back with a report. b. Mayor Cox congratulated the Director of Parks & Recreation and his staff for receiving an honorable mention for Community Partnership Awards Program. 26. COUNCIL COMMENTS Councilman Malcolm referred to his Legislative Report noting there were no comments from the Council and the report will stand. b. Councilman Malcolm commented that since the City sold the hospital to Scripps many of things have happened. In the month of December alone, the hospital made 9220,000 which was more than the combined net from all of their hospitals put together which proves that Chula Vista sold that property to Scripps "very cheap." Councilman Malcolm added that he thought there was going to be community people on the Board and that they would be coming back to the Council on this. He would like to start this community group going now and asked that staff, in the next 30 days, look into this or write Scripps a letter asking them when they are going to start up this community group. Minutes 17 - April 21, 1987 City Manager Goss stated that it is his understanding that they are trying to identify prospects for the group. Councilman Malcolm stated he would also like to get a copy of their report; are they financially secure and are they doing as well as stated? He feels it is up to the City to follow through and check up on them and make Scripps follow through with their commitments. Councilwoman McCandliss said she was contacted some time ago by the hospital go come up with some names. Mayor Cox indicated that perhaps part of their profit was because they laid off 150 employees at the beginning. c. Councilman Malcolm discussed the death of Daniel Cline in Lake Tahoe who was the victim of a drunk driver. The prosecutor in that area wanted to reduce the charges and plea-bargin. Willy Brown's sister lives in Chula Vista and her son is dying now as a result of being hit by a drunk driver. He recommended the Council become involved and take a more aggressive stand stating "enough is enough." Councilman Nader made several suggestions as to what type of legislation can be imposed. MS ( Malcolm/Nader ) to direct the Mayor to send a letter to at least the City's local Officials such as Assemblyman Peace, Senator Deddeh, the Governor, Speaker of the Assembly and the President of the Senate and ask them to take action to introduce legislation to toughen up the laws on drunk driving. Councilman Nader stated there are different types of legislation which can be introduced, such as tougher jail sentences and taking away the licenses of the drunk driver after the second offense. Councilwoman McCandliss noted this was an important issue and suggested Councilman Nader get together with the Legislative Committee to come back to the Council with more specific suggestions. Councilman Malcolm withdrew his motion. Councilman Nader agreed tO the second. councilman Malcolm noted that this report will be coming back to the Council for approval. d. Councilman Nader questioned the City Manager as to when the ordinances will be coming back on his motion regarding loitering in public parking lots and an open container ordinance. Minutes - 18 - April 21, 1987 City Manager Goss stated a staff report will be coming to the Council in June. Councilman Nader stated that he would rather see something get on the books quickly and asked whether it would be unreasonable to have the two ordinances brought back to the Council within two weeks. The City Manager indicated he will check on this. Council recessed at 9:30 p.m. to the Redevelopment Agency meeting, reconvened at 11:45 p.m. and recessed to Closed Session to discuss Sierra v. Coastal Commission, Hooper v. Chula Vista, Chula Vista v. Powers and Potential Litigation items. The City Clerk was excused and the City Manager reported the Session ended at 12:05 a.m. ADJOURNMENT AT 12:05 a.m. to the regular meeting of April 28, 1987 at 7 p.m. 1005C