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HomeMy WebLinkAboutcc min 1983/09/27STATE 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 Council of the City of Chula Vista was held Tuesday, September 27, ]983 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on September 28, ]983 at the hour of 8:30 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~ting of 5eptembe~ 27, ]983 was held. ,/,~-- Z/Z~ ' Clerk Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, September 27, ]983 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Cox, Moore, McCandliss, Scott, Malcolm Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at ]D:28 p.m. until Thursday, September 29, ]983 at 4:00 p.m. in the C0unci] Chamber Room, City Hall, 276 Fourth Avenue, Chula Vista, California. 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 September 27, ]983 =~ of Chula Vista, California MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, September 27, 1983 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Scott, Malcolm, Moor~ McCandliss Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE, 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 SEPTEMBER 20, 1983 MSUC (McCandliss/Malcolm) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY (None) 3. WRITTEN COMMUNICATIONS a. RESIGNATION OF SHAUNA MARIE STOKES RESOURCE CONSERVATION COMMISSION Miss Stokes submitted her resignation explaining she has accepted employment with the City and therefore cannot remain on the Commission. MSUC (Moore/Scott) to accept the resignation with regret and send a letter of appreciation to Miss Stokes for her services on the Resource Conservation Commission. b. FLOODING CONDITION ON DUFFY PROPERTY LOCATED 250 CORALWOOD COURT Mr. and Mrs. Phillip Duffy submitted a letter complaining when heavy rains fall, the water runoff onto their property at 250 Coralwood Court is of such high volume, it overflows the retaining walls and completely floods their home. They stated they want immediate action taken to construct a storm drainage system. If this does not happen within 30 days, they will contact their attorney for legal action. MSUC (Malcolm/Cox) to refer this matter to staff. City Council Meeting - 2 - September 27, 1983 c. REQUEST PERMISSION TO DISPLAY ADVERTISING BOARD ON SUNDAY ONLY (Taco Bell Restaurant) Delores Tetaloff owner of the Taco Bell Restaurant on "H" Street requested permission to display a sandwich advertising sign on the sidewalk on Sundays only advertising a restaurant special. City Manager Goss remarked in checking with the Planning Department, the request could not be permitted under the City Code. MS (Scott/Malcolm) to refer this matter to the Planning Department. Mayor Cox said he informed Mrs. Tetaloff to submit her letter prior to appearing before Council. Councilman Scott withdrew his motion and Councilman Malcolm withdrew the second. MSUC (Cox/McCandliss) to refer this matter to staff for report back and inform Mrs. Tetaloff of the time the item will come back to Council. 4. ORAL COMMUNICATIONS a. Norbert Stein, 234 Fifth Avenue, Chula Vista, displayed a garage sale sign which he took off a telephone pole. He asked the Council to institute some enforcement whereby these signs can be legally taken down. Mr. Stein suggested giving the people a 24-hour notice and then fine them and offered his services in helping to take down the signs. MSUC (Cox/Scott) to refer this matter to staff to come back with a recommendation if there is anything Council can do to help on the enforcement end of it. Councilman Moore suggested this particular enforcement clause be included in the notices going out to the people. CONSENT CALENDA~ (Items 5-8) MSUC (McCandliss/Moore) to approve the Consent Calendar. 5. RESOLUTION 11386 AMENDING THE TIME FOR EXECUTION OF A NEW MEMORANDUM OF UNDERSTANDING FOR FY 83-84 WITH CHULA VISTA EMPLOYEES ASSOCIATION, POLICE RELIEF ASSOCIATION AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AND PROVIDING THAT THE TERMS AND CONDITIONS OF SAID MEMOP.~NDUM OF UNDERSTANDING BE RETROACTIVE TO THE FIRST PAY PERIOD IN FY 83-84 (Assistant City Manager) On August 30, 1983, the City Council adopted Resolution No. 11370 extending time for execution of new Memoranda of Understanding for FY 1983-84 with all bargaining units to October l, 1983. Negotiations have been completed with the Western Council of Engineers; however, it is apparent that final agreements will not be reached with Chula Vista Employees Association, the Police Relief Association or the International Association of Fire Fighters prior to September 30, 1983. The Asistant City Manager requested the time be extended to October 21, 1983. City Council Meetin9 - 3 - September 27, 1983 6. RESOLUTION 11387 APPROVING THAT CERTAIN MEMOPJ~NDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERING FOR FISCAL YEAR 1983-84 (Director of Personnel) The City's negotiating team has concluded a Memorandum of Understanding (MOU) with the Western Council of Engineers (WCE), which has been ratified by their membership. Various changes to the existing MOU were made. The total additional annual cost for the compensation package is $19,488. 7. RESOLUTION 11388 APPROVING FIFTH AMENDENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BUD GRAY, CONTRACT PLANNER, FOR THE PERFORMANCE OF CERTAIN CITY AND REGIONAL PLANNING ASSIGNMENTS (City Manager) On June 28, 1983, the City Council approved the fourth amendment to the Contract Planner's agreement which provided for Mr. Gray to continue in the capacity of Acting Director of Planning until September 30, 1983. A permanent Director of Planning has not been appointed at this time and therefore, the agreement will be extended for an additional two months, or through November 30, 1983. 8. RESOLUTION 11389 REJECTING BIDS FOR REROOFING OF CITY HALL AND FIRE STATION NO. 1 IN THE CITY OF CHULA VISTA (City Engineer/Director of Building and Housing) On September 14, 1983, the City Engineer received sealed bids for reroofing the City Hall and Fire Station No. 1. Only one bid was received by Asbestos Roofing Co. - San Diego in the amount of $98,604.00. This bid was above the engineer's estimate of $85,300 by $13,304 or 15.6 percent. The Director of Building and Housing has reviewed the one bid submitted and recommended the City reject said bid and readvertise the project. End of Consent Calendar RESOLUTIONS AND ORDINANCES, FIRST READING 9. RESOLUTION 11390 APPROPRIATING $46,800 TO INSTALL NEW FLOORING IN THE AUDITORIUM AND IMPROVE THE OUTSIDE DRAINAGE AT PARK WAY COMMUNITY CENTER (Director of Parks and Recreation) The Park Way Community Center's auditorium vinyl floor covering is in hazardous condition and a special appropriation of $46,800 is required to replace existing floor covering. An inspection by the manufacturer's floor representative revealed excessive moisture contained in the concrete slab was breaking down the components of the adhesive and causing the vinyl floor product to break away from the concrete. City Council Meeting - 4 - September 27, 1983 The City Attorney has sent a demand letter requesting repair of vinyl flooring to John B. Reed Construction Inc., General Contractor. Depending upon the number of arties and the position they take, this case could take some time to be reso~ed. It is the City Attorney's opinion the City will not prejudice the case by having the floor repaired/replaced before legal resolution. $46,800 from Residential Construction Tax Fund unappropriated balance needs to be appropriated and transferred to Account 600-60000-RC26 - Park Way Community Center Gym Floor Repairs. This account will be reimbursed with any monies obtained through the legal proceedings. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Councilman Moore indicated this particular problem could have been avoided and asked what "check and balances" are being made now to prevent this from happening in the future. City Attorney Harron explained the preventive measures which were required to prevent moisture from getting through under the slab. An inspection was to be made by the contractor to insure that everything was correct before the floor was laid. Since he did not inform the workers that there were any problems, the floor was laid and then the moisture was discovered. The resolution, as offered, carried unanimously. lO. RESOLUTION 11391 AUTHORIZING THE INITIATION OF A GENERAL PLAN AMENDMENT AND REZONING OF A CERTAIN VACANT 3.5 ACRE CITY-OWNED PARCEL OF LAND LOCATED ADJACENT TO THE CHULA VISTA MUNICIPAL GOLF COURSE (Director of Planning) As a result of Council direction, staff has initiated and substantially completed an evaluation of the subject site. Based on their study, the Department believes that it would be appropriate to present its findings and recommendations to the City Council in the form of a proposed General Plan Amendment and rezoning at the next General Plan hearing scheduled for October 1983. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilwoman McCandliss stated she tends not to support a hotel/motel complex at this time since she feels it is not compatible to the area. She is putting the proponent on notice so when this matter comes before the Council, she will have to be convinced before she will support it. lla. RESOLUTION 11392 ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG "L" STREET FROM COLORADO AVENUE TO BROADWAY (City Engineer) b. RESOLUTION 11393 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COX CABLE SAN DIEGO, INC. FOR PAYMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES (City Engineer) City Council Meeting - 5 - September 27, 1983 c. RESOLUTION 11394 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR PAYMENT OF REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES (City Engineer) On February 15, 1983, the City Council held a public hearing concerning the formation of an underground utility district along "L" Street from Colorado Avenue to Broadway. The resolution establishing the Underground Utility District is submitted along with agreements between the City and Cox Cable San Diego, Inc. and Pacific Telephone and Telegraph Company for payment for replacement of overhead with underground facilities. Also submitted is the resolution authorizing the disbursement of $103,000 from the Dan Building Company to "SDG&E," Pacific Telephone Company and Cox Cable T.V. RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the reading of the texts were waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION 11395 APPROVING ENCROACHMENT PERMIT NO. PE 022 AT 361 WAGONWHEEL WAY {City Engineer) Mr. & Mrs. Jesus Blanco of 361 Wagonwheel Way are proposing to install a swimming pool in their rear/side yard. As an integral part of the pool, they intend to build a cantilevered, wooden deck along one edge of the pool. This deck extends out over the City's Open Space Lot No. 244 of Rancho Robinhood III. The maximum encroachment is 5-1/2 feet with a length of about 40 feet. This represents a total area of approximately 176 square feet. Due to the fact that this encroachment is minor in nature, the City Engineer is recommending approval with the following three conditions. {1) The temporary irrigation line shall be relocated outside the encroachment area; {2) any damaged landscaping within the open space shall be restored to original condition by the owner; {3} any grading taking place within the open space shall be shown on the building plans for the deck. Councilman Malcolm questioned whether there was any liability to the City in approving this encroachment permit and what was the time element. City Attorney Harron stated the City could possibly be liable unless an indemnity provision was placed into the agreement. As to the time element, there is none. City Engineer Lippitt explained a standard form of an encroachment permit is signed whereby it allows a 30-day notice from the City if they want to have the structure removed. There is also a hold-harmless provision. City Attorney Harron indicated the applicant should be given more than 30 days to remove the structure since it involves a great deal of money. He added the Council would have to have good reason to "call it in". Council discussion followed regarding a reason to have the structure removed; an alternative to sell the land in fee simple and get it on the tax rolls rather than give the applicant the land free of any cost whatsoever; the cost of surveying the land and the appraisal which staff feels would possibly cost more than what the land is presently worth. City Council Meeting - 6 - September 27, 1983 Miss Cristina Blanco, Cz. Menida #238, Col. Hipo, Tijuana, said that she designed the swimming pool. She explained because of the configuration of the rear lot, the swimming pool was difficult to design without having it extend over the open space area. She remarked the land below the deck would be open space and can be used by the people. City Engineer Lippitt declared the City could go through a vacation procedure relinquising the land to the original owner. MSUC (Malcolm/Cox) to amend the resolution to include an indemnity agreement between the City of Chula Vista and the property owner. THE RESOLUTION, AS AMENDED, WAS OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13a. ORDINANCE 2050 AMENDING SECTIONS 6.20.020, 6.20.030 A AND B, AND 6.20.060 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DOG LICENSES - FIRST READING (Director of Finance) MSUC {Moore/Cox) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. b. RESOLUTION 11396 AMENDING THE MASTER FEE SCHEDULE RELATING TO DOG LICENSES SECTION 6.20.040 (Director of Finance) The Finance Department currently processes nearly 4,200 dog license renewal applications during the month of January each year. By issuing licenses that are good for either one or two years from the month of issuance, they can begin to spread the workload throughout the year and in the process eliminate the need to prorate dog license fees. THE RESOLUTION WAS OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 14. ORDINANCE 2049 REPEALING PARAGRAPH B OF SECTION 5.32.020 AND AMENDING SECTION 5.32.030 OF CHAPTER 5.32 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO GARAGE SALES - SECOND READING AND ADOPTION {Director of Finance} The ordinance amending Chapter 5.32 of the Chula Vista Municipal Code to allow for two garage sales per year which may run for ten consecutive days which provides for a $3 license fee when licensed in the field was placed on first reading at the meeting of September 20, 1983. MSUC {McCandliss/Moore) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting 7 September 27, 1983 15. REPORT OF THE CITY MANAGER a. MSUC (McCandliss/Moore) for a Closed Session at the end of the meeting _,~ for matters of litigation, meet and confer and personnel. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT STATUS OF AMERICAN LEGION LEASE OF CITY PROPERTY (Continued from meeting of September 13)(Director of Parks and Recreation) The Director of Parks and Recreation at the September 13 meeting recommended Council not renew the lease on the American Legion Hall when it expires June 30, 1985~" During discussion of the matter, a representative of American Legion Post 434 requested the Council to approve another ten-year extension, stating the Post once owned the building and the 4.175 acres of land and passed title to the City in order to avoid payment of property taxes. Council requested further information on the history of the parcel of land and the building. The staff has researched the files and submitted a chronological list of the actions regarding the property beginning December 13, 1922. The files indicate the City owned the land. Therefore, the staff is recommending: a. continuation of the current lease as contracted through June 30, 1985, provided all Building Code violations have been corrected; b. authorize City staff assistance for Legion efforts to locate suitable facilities; c. require a six-month report from staff on relocation efforts. Robert McCauley, 1987 Bucknell Street, Chula Vista, representing American Legion Post 434 stated he had nothing further to say than the comments made at the previous meeting. In answer to the Council's query, he stated he was in concurrence with the staff's recommendations. Mr. McCauley added he believed the land was owned by the American Legion, however, reading the staff report and obtaining no verification from the Post, he believes the City, in fact, owns the land. Miss Francine Love, 606 Mariposa Circle, Chula Vista, stated she is speaking on behalf of the American Legion commending them for what they do for the young people. She was selected to go to Sacramento where she attended an American Youth Seminar where she learned that the "community comes first and not the person". She said she would like to go back to Sacramento this year and further her experiences in meeting with young people all over the State. She urged the Council to reconsider staff's recommendation and extend the lease for the American Legion. City Council Meeting - 8 - September 27, 1983 In answer to Councilman Malcolm's question, Mr. McCauley declared he does not agree with staff's recommendation to terminate the lease. In reading ~ staff report, it was his understanding there was no mention of that but the American Legion had six months to come back to the Council with a more detailed report. Council discussion followed regarding the 1975 hearing with the American Legion whereby they were given ten years to find a new location; the comment that Parks and Recreation wants the land for parking purposes; the issue of the earthquake fault; although the building is not directly over the fault, the earthquake would affect everything in the general area; the recommendations made by staff to assist the Legion in locating another site; the American Legion's request to renew the lease "forever"; and the fact the American Legion people received the staff report but did not understand the implications involved. MSUC {McCandliss/Scott) to continue this matter for thirty days. City Manager Goss stated that the staff will meet with representatives of the American Legion so that they fully understand the violations and the recommendations for the expiration of the lease. Councilman Malcolm suggested a Council Conference be held on this matter once a report is received. 17. REPORT CONSIDERATION OF DRAFT ORDINANCE TO ALLOW ACCESSORY DWELLING UNITS BY CONDITIONAL USE PERMITS WITHIN SINGLE-FAMILY RESIDENTIAL HOMES (Director of Planning/Director of Community Development) On July 26, 1983, the City Council, by a vote of 3-2, adopted a motion to file a proposed ordinance to conditionally allow accessory dwelling units within single family zones. The ordinance had been drafted in response to Senate Bill 1534, which requires municipalities to either adopt a local ordinance providing for or prohibiting accessory units, or to process applications for such units based upon State standards. On September 6, 1983, an application for an accessory unit was accepted for processing by the City under the provisions of SB 1534. The Bill provides the City now has 120 days {or until January 4, 1984) within which to adopt a local ordinance before the application must be approved/disapproved based solely on the State prescribed standards. The recommendation of the Director of Planning is to direct the Planning Commission to hold a public hearing on the draft accessory unit ordinance or some modification thereof. Director of Planning Gray added based on the last discussion of the Council, a suggested requirement was added for an off-street parking space to the ordinance and also an amendment to the original proposal deleting the option of a detached accessory dwelling unit. Another point is the possible review of the accessory unit not to send it to the Design Review Committee but to have the staff review it. · 1T City Council Meeting - 9 - September 27, 1983 MS (Malcolm/Scott) to direct this matter back to the Planning Commission for a public hearing. Discussion of the motion ensued regarding the existing ordinance which allows a second unit on the premises if the lot is large enough which would comply with State's provision; tandem parking which can be permitted; and the 120-day notice which "starts the clock running"; a motion to this effect would give the Council and staff more time to really investigate the ordinance and its implications. SUBSTITUTE MOTION: MSUC(Scott/Malcolm) to declare that the City's present provision which allows by a Conditional Use Permit a second family unit on a double-lot to be built does comply with SB 1534. Director of Planning Gray in response to Council's questions stated the motion would satisfy the requirement of SB 1534 and any applications that come in before the final decision is made by Council would be held pending that policy decision. The Mayor noted there are people who wish to speak on this matter, however; since a public hearing would be held he stated no testimony be taken at this time. The original motion to refer the matter back to the Planning Commission for a public hearing carried unanimously. 18. REPORT GOLF COURSE MAINTENANCE CAPITAL IMPROVEMENT PLAN AND PHILOSOPHY FOR GREENS FEE ADJUSTMENT (Director of Parks and Recreation) At the June 8, 1983 budget session and September 13 meeting, Council requested further information on the golf course. The Director of Parks and Recreation has submitted this report recommending Council direct that a resolution be prepared to properly implement Option 2 greens fee schedule which will provide: (1) Bond and operation payment. (2) Limited capital improvement and equipment purchase. {3) Initial repayment of existing loan to various City funds. {4} Additional part-time maintenance personnel. (5) Monies for flood work or repairs by non-golf personnel. (6) Reduced or flat fee for: a. Resident adult, senior and junior b. Members of twilight league. {7) Increased cash and monthly ticket rates. Seven year capital improvement and equipment plan be established. Approving Option 2 of the greens fees adjustment is expected to meet FY 1983-84 operation, bond, limited capital and equipment improvements, initial repayment to various City funds, part-time personnel, and some flood repair. City Council Meeting - lO - September 27, 1983 Director of Parks and Recreation Pfister submitted slides to the Council noting the staff's recommendations and the proposed fee schedule. Mr. Bob Strahl, 87 Chula Vista Way, Chula Vista, President of the Chula Vista Men's Golf Association stated the Director of Parks and Recreation met with the Board of Directors and they agreed with the recommendations. However, the Board does wish to point out to the Council the need to improve the course. The players are disappointed with the maintenance of the golf course and feel the number one priority should be to fix the flood channel. Mayor Cox asked if the Director met with the Women's Golf Association. Mr. Pfister stated he did not. Cliff Roland, llO0 Industrial Boulevard, Chula Vista, spoke against the proposal for the increased rates. He noted there is not much play on the course from Monday through Friday and raising the fees would not help to get more players on the course. Mr. Roland thought the fee structure proposed was too high and it should be raised (to) $40 for adults, $30 for Seniors, and $50 on the Grandfather Clause, plus a $1 surcharge for each player coming on the course. Mr. Roland also com lained about the condition of the greens and the drainage channel which he fe~ should be corrected immediately. Mrs. Vera Klinovsky, 4 Broadway, Space R1, Chula Vista said her husband, a Senior Citizen, plays on the course once every other month since that is all they can afford. She asked that the Senior Citizen rate structure not be increased to allow more of these people to play the course. Mr. Pat Barajas, 375 "J" Street, Chula Vista also asked the greens to be maintained to standard and more patrolling be done on the course since there are always a number of picnickers on the course. Mr. Barajas added he would be willing to pay more if the City provides a better course on which to play. MSUC {Cox/McCandliss) to continue this item for two weeks and give the staff specific direction to make contact with the Board of Directors of the Women's Association if that meets with their schedule. If not, the Council will not take any action on this matter before getting this input. Councilman Moore stated he would like to see immediate action taken to improve the Golf Course. Councilman Malcolm favored the additional staff. Councilman Scott felt it was the lack of the right attitude of the management in not getting the course improved. MSUC {Malcolm/Moore) to direct staff to correct the drainage situation and the blockage on the west side of the bridge {of the Golf Course) and to bring back a resolution authorizing staff to hire additional personnel as requested in their report. City Council Meeting - ll - September 27, 1983 19. REPORT GENCOM CORPORATION ANTENNA ADJACENT TO ROBINHOOD POINT DEVELOPMENT (Director of Planning) At the City Council meeting of August 30, 1983, Mr. Dave Jordan, 1550 Point Dune Court, inquired as to the status of a proposed installation of a 60 foot high antenna adjacent to the Robinhood Point residential development. Staff reports that in July 1983, GENCOM Corporation informed the Robinhood Point Homeowners Association in writing of its intention to construct a lO'x30' building and a 60 foot high monopole antenna on Otay Water Company land (located in the County) next to the water tanks adjacent to the Robinhood Point residential development. Assurances were made to the Association that the installation would be made unobtrusive through the use of landscaping. The County Planning Department normally contacts the City Planning Department when an application is received which affects the Chula Vista Planning area. Upon receipt of a notice, staff will review and provide additional information to the Council. MSUC (Moore/Malcolm) to accept the report. (Councilwoman McCandliss was absent from the dais at this time). 20. REPORT BAY GENERAL HOSPITAL REQUEST FOR SPONSORSHIP OF REVENUE ANTICIPATION NOTES (Community Development Director) At its August 30, 1983 meeting, the City Council approved the second reading of Ordinance No. 2044 which provided for City sponsorship of Revenue Anticipation Notes for certain institutions. When the Ordinance becomes effective, Bay General Hospital will be eligible to sell Revenue Anticipation Notes that are tax exempt to the holder. This will enable Bay General to obtain working capital for their general operation at a much lower interest rate than they are now experiencing. The Internal Revenue Service provides for tax exempt public sponsorship of such bonds under their regulation 501(c)(3). The City Council asked Bay General to devise a program illustrating public benefit of City sponsorship; in addition, City staff was directed to provide assurances that certain criteria would be established for this request and for other such applications. The Director of Community Development recommeded the City Council: a. Approve Bay General Hospital's proposal for public benefit, including the Employers Health Cost Coalition comments; b. ~prove additional criteria to the Policy for City Sponsorship of IDBs; c. Inform Bay General Hospital that it will accept their application for Revenue Anticipation Notes upon the effective date of Ordinance No. 2044. MSUC (Malcolm/Cox) to accept the staff recommendations. (Councilwoman McCandliss was absent from the dais at this time). City Council Meeting 12 - September 27, 1983 21. REPORT CITY OF CHULA VISTA BICYCLE ROUTE FACILITIES (City Engineer/Director of Planning) In 1980, the City was the recipient of a $20,000 grant in Local Transportation Fund {LTF} monies to conduct a bycycle route facility study. This study was prepared by a contract employee and has been reviewed by Engineering and Planning staff. The report analyzes the existing City bicycle route facilities and makes recommendations for their improvement based on a citizen survey, field observations, and a bikeway suitability rating system. The recommendation is that Council: {1) Adopt the report as intermediate guidelines for the implementation of the Bicycle Routes Element of the Chula Vista General Plan; {2} Direct the City Planning Department to include the Report's diagram of proposed bicycle routes in the Bicycle Routes Element of the General Plan as a "suggested proposal," and as a replacement for the Element's existing map. {3} Direct the City Planning Director and the City Engineer to consult with the Planning Commission and the Safety Commission prior to implementation of future bicycle route facility improvements. Councilman Malcolm requested a continuance of two weeks so that he could more thoroughly study the report. MSUC {Scott/Malcolm) for a Council Conference to be scheduled on this item next month. {Councilwoman McCandliss was not present at the dais at this time). Councilman Moore requested the Public Information Coordinator to get out a news release concerning some of the safety factors mentioned in the report. 22. REVIEW SIGNIFICANT AND EXTRAORDINARY CONDITIONAL USE PERMITS (Director of Planning) In late 1982, the City Council determined to review certain conditional use permits and requested the Planning Department to prepare a report on the conditional use permit process involving requests which have a cit~nvide impact or involve hazardous waste materials. The recommendation is for Council to direct the Planning Department to prepare an amendment to the Municipal Code providing for Council approval of any listed unclassified uses except campgrounds and churches. Such uses would first be considered by the Planning Commission and, if approved, be advertised for public hearing before the City Council. MSUC (Scott/Moore) to accept the staff recommendations. (Councilwoman McCandliss was not present at the dais at this time). City Council Meeting - 13 - September 27, 1983 23. REPORT REQUEST TO CONDUCT CHULA VISTA BAND REVIEW (Director of Parks and Recreation) Mr. Gerald May, of the Chula Vista Band Review, requested permission to conduct the Fifth Annual Chula Vista Band Review on Saturday, November lg, 1983, between 9:15 a.m. and 12:15 p.m. The Review route begins on "L" Street between Broadway and Fifth Avenue, goes east to Fourth Avenue, north to "K" Street, west to the Chula Vista High School parking lot and then into the stadium. MSUC {Scott/Cox) to approve the request subject to staff conditions. 24. MAYOR'S REPORT a. RATIFICATION OF APPOINTMENT OF BILL BERRY TO CIVIL SERVICE COMMISSION The second term of Commissioner Marjorie Newcomb expired in June 1983. This position is a Council appointment based on an employee election. Based on the employees' election, Mr. Bill Berry, ex-Assistant Street Maintenance Superintendent, received the most votes. MSUC {Malcolm/Scott) to ratify the appointment of Bill Berry to the Civil Service Commission. b. REAPPOINTMENT OF HERB LEMMONS TO CIVIL SERVICE COMMISSION Commissioner Herb Lemmons' first term on the Civil Service Commission expired in June 1983. This is a Civil Service Commission recommendation and appointed by the City Council. The Commission has unanimously recommended the reappointment of Mr. Lemmons. Mayor Cox said he has just been advised Mr. Lemmons has moved out of town and is no longer qualified for reappointment. The vacancy will be noted and an appointment will be made in the near future. MSUC {Cox/Scott} for a letter of appreciation to be sent to Mr. Lemmons for his services on this Commission. c. APPOINTMENT OF ART SELLGREN TO THE BUSINESS AND INDUSTRY DEVELOPMENT COMMITTEE The Mayor requested Council's ratification of the appointment of Mr. Sellgren. MSUC (Malcolm/Scott) to ratify the appointment of Art Sellgren to the Business and Industry Development Committee. d. Mayor Cox noted the Council will be meeting at a Council Conference on Thursday {September 29) to discuss the subject of hazardous waste. City Council Meeting - 14 - September 27, 1983 25. COUNCIL COMMENTS a. Councilman Malcolm stated he has a problem with the Council being required to have an extraordinary vote to override the Planning Commission action. City Attorney Harron explained it is a City Code requirement; however, since this is a Charter City and Council can modify this requirement or delete it. MSUC {Malcolm/Scott} to request a report back on this item from the City Attorney. b. Councilman Malcolm discussed the proposed San Diego City ordinance regarding loitering which was included in the Council packet. City Manager Goss indicated it was presented to the Council strictly for information and a report from the staff will be coming in the near future. c. Councilwoman McCandliss reported she attended the MTDB Board meeting yesterday regarding the fee structure. She submitted a copy of the fee structure to the staff. Since the MTDB will be meeting again on December 8, she suggested a Council Conference on this item. MSUC {McCandliss/Cox) to hold a Council Conference on the MTDB rate schedule. d. Councilwoman McCandliss discussed notifications going out to the public and informing them of Council actions and questioned what was being done about it. Director of Management Services Thomson stated they are in the process of reviewing the whole matter such as calendars, newsletters, newspaper articles, and other alternatives and will be making a report to the Council soon. Public Information Coordinator Cox stated the report is overdue; he has all the material and it's just a matter of analyzing and putting it together. MSUC {McCandliss/Cox} the staff study be expanded to just public information {to the citizens) of Chula Vista. Councilwoman McCandliss explained she would like bulletins going out such as for the garage sales and other items that the general public does not get the opportunity to find out immediately {items dedicated only to City issues). e. Councilwoman McCandliss said that she got a call from a gentleman living in the College Estates area complaining about the tree in the front of his home. He was not aware the tree in the right-of-way was to be maintained by the property owner. He was waiting for City crew to come down and trim the tree, however; it has now grown to such proportions it has become a safety hazard. Assistant City Manager Asmus explained the requirements of the tree maintenance policy which requires the property owner to maintain the tree or substitute a tree. He added there were attempts to notify the public in a general way of this particular ordinance. City Council Meeting - 15 - September 27, 1983 MSUC {McCandliss/Moore) to refer this matter to staff for a report back to the City Council. f. Councilwoman McCandliss remarked she was absent from the dais at the time the Council voted on Item No. 20. She said she is not satisfied with the plans submitted by Bay General for reduction of costs. In the "general health screening category", Bay General could reduce costs for hearing, health visits, visions, etc. at their clinic. She discussed the matter with Bay General and contrary to popular opinion, physicians are willing to volunteer their services and time for this effort. Director of Community Development Desrochers explained that with the acceptance of this report, Bay General will come back in two weeks with their documents and he will have a resolution to implement that plan. At that time, it would be appropriate to discuss the concerns expressed by Councilwoman McCandliss. g. Mayor Cox invited the public to the United Artists Theatre opening on October 6, at 6 p.m. and to the free movie at 7 p.m. The Council recessed to Closed Session at 9:20 p.m. The City Clerk was excused and the City Manager reported the meeting ended at 10:20 p.m. ADJOURNMENT AT 10:20 p.m. to the Council Conference scheduled for September 29, 1983 at 4 p.m. and to the meeting scheduled for Tuesday, October ll, 1983 at 7 p.m. NIE M. FULA~Z,C~MC/~ WPG:0347C PAG PAG